Vol. 84 Thursday, No. 114 June 13, 2019

Pages 27503–27702

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 84, No. 114

Thursday, June 13, 2019

Agriculture Department PROPOSED RULES See Forest Service Air Quality State Implementation Plans; Approvals and NOTICES Promulgations: Agency Information Collection Activities; Proposals, Determination of Attainment by the Attainment Date for Submissions, and Approvals, 27579 the 2008 Ozone National Ambient Air Quality Standards; Phoenix-Mesa, AZ, 27566–27570 Centers for Medicare & Medicaid Services New York; Infrastructure Requirements for the 2008 NOTICES Ozone, 2010 Sulfur Dioxide, and 2012 Fine Agency Information Collection Activities; Proposals, Particulate Matter National Ambient Air Quality Submissions, and Approvals, 27636–27637 Standards, 27559–27566 NOTICES Civil Rights Commission Request for Nominations: NOTICES Scientific Peer Reviewers; Potential Approaches for Meetings: Characterizing the Estimated Benefits of Reducing Nevada Advisory Committee, 27581–27582 PM2.5 at Low Concentrations, 27632–27634 Pennsylvania Advisory Committee, 27581 Virginia Advisory Committee, 27580 Federal Aviation Administration Wyoming Advisory Committee, 27579–27580 RULES Airworthiness Directives: Coast Guard Airbus SAS Airplanes, 27506–27508 RULES Bombardier, Inc., Airplanes, 27503–27506 Safety Zone: International Aero Engines Turbofan Engines, 27511– Fireworks Display; Upper Potomac River, Washington, 27513 DC, 27531–27533 Rolls-Royce plc Turbofan Engines, 27508–27510 San Francisco Giants Fireworks Display, San Francisco NOTICES Bay, San Francisco, CA, 27531 Petition for Exemption; Summary: American Aerospace Technologies, Inc., 27685 Commerce Department See International Trade Administration Federal Communications Commission See National Oceanic and Atmospheric Administration PROPOSED RULES Universal Service Contribution Methodology, 27570–27576 Defense Department NOTICES NOTICES Hearing: Arms Sales, 27600–27618 Entertainment Media Trust, Dennis J. Watkins, Trustee, 27634–27636 Drug Enforcement Administration NOTICES Federal Energy Regulatory Commission Bulk Manufacturer of Controlled Substances; Application: NOTICES Eli-Elsohly Laboratories, 27661–27662 Application: Sigma Aldrich Research, 27659 Bluewater Gas Storage, LLC, 27627 Bulk Manufacturer of Controlled Substances; Registration, Combined Filings, 27631–27632 27658–27659 Environmental Assessments; Availability, etc.: Decision and Order: Texas Eastern Transmission, LP; Bernville Compressor Elizabeth C. Korcz, M.D., 27659–27661 Units Replacement Project, 27629–27631 Environmental Impact Statements; Availability, etc.: Education Department Magnolia LNG, LLC; Magnolia LNG Production Capacity NOTICES Amendment, 27627–27629 Applications for New Awards: American Indian Vocational Rehabilitation Services, 27623–27626 Federal Motor Carrier Safety Administration State Tribal Education Partnership—Tribal, 27619–27623 NOTICES Qualification of Drivers; Exemption Applications: Energy Department Epilepsy and Seizure Disorders, 27687–27688, 27690– See Federal Energy Regulatory Commission 27691 Vision, 27685–27690 Environmental Protection Agency RULES Fish and Wildlife Service Emergency Release Notification Regulations: NOTICES Air Emissions from Animal Waste at Farms; Emergency Agency Information Collection Activities; Proposals, Planning and Community Right-to-Know Act, 27533– Submissions, and Approvals: 27542 Alaska Subsistence Bird Harvest Survey, 27645–27647

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Food and Drug Administration International Trade Commission PROPOSED RULES NOTICES Content and Format of Substantial Equivalence Reports; Investigations; Determinations, Modifications, and Rulings, Food and Drug Administration Actions on Substantial etc.: Equivalence Reports; Extension of Comment Period, Mattresses from China, 27657–27658 27543–27544 Meetings; Sunshine Act, 27656–27657 NOTICES Agency Information Collection Activities; Proposals, Justice Department Submissions, and Approvals: See Drug Enforcement Administration Requirements under the Comprehensive Smokeless Tobacco Health Education Act, as Amended by the National Institutes of Health Family Smoking Prevention and Tobacco Control NOTICES Act, 27638–27640 Meetings: Guidance: Center for Scientific Review, 27640–27641 Mouse Embryo Assay for Assisted Reproduction Technology Devices, 27637–27638 National Oceanic and Atmospheric Administration PROPOSED RULES Forest Service Fisheries of the Caribbean, Gulf of Mexico, and South PROPOSED RULES Atlantic: National Environmental Policy Act Compliance, 27544– Snapper-Grouper Fishery of the South Atlantic Region; 27559 Amendment 42, 27576–27578 NOTICES Health and Human Services Department Meetings: See Centers for Medicare & Medicaid Services Pacific Fishery Management Council, 27599–27600 See Food and Drug Administration See National Institutes of Health National Park Service NOTICES NOTICES Meetings: Agency Information Collection Activities; Proposals, Pain Management Best Practices Inter-Agency Task Force, Submissions, and Approvals: 27640 United States Park Police Pre-Employment Suitability Determination Process, 27653–27654 Homeland Security Department Inventory Completion: See Coast Guard Department of Anthropology, Southern Methodist See U.S. Customs and Border Protection University, Dallas, TX, 27648–27653, 27655–27656 Fort Lewis College, Durango, CO, 27654–27655 Interior Department The State Center Community College District—Fresno See Fish and Wildlife Service City College, Fresno, CA, 27649–27650 See National Park Service NOTICES Nuclear Regulatory Commission Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Guidance: Payments in Lieu of Taxes Act, Statement of Federal Report to Congress on Abnormal Occurrences; Fiscal Year Lands Payments, 27647 2018 Dissemination of Information, 27663–27664 Meetings: Internal Revenue Service Advisory Committee on Reactor Safeguards, 27662–27663 RULES Contributions in Exchange for State or Local Tax Credits, Postal Regulatory Commission 27513–27531 NOTICES NOTICES New Postal Products, 27664 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 27691–27692 Postal Service NOTICES International Trade Administration Product Change: NOTICES Priority Mail and First-Class Package Service Negotiated Amendment to the Clean Energy and Zero Emission Service Agreement, 27665 Vehicle Technologies Trade Mission: Priority Mail Negotiated Service Agreement, 27665 Mexico, 27585 Antidumping or Countervailing Duty Investigations, Orders, Presidential Documents or Reviews: PROCLAMATIONS Carbon and Alloy Steel Wire Rod from the Republic of Special Observances: Korea, 27582–27583 Flag Day and National Flag Week (Proc. 9905), 27699– Certain Carbon and Alloy Steel Cut-To-Length Plate from 27700 Austria, 27583–27585 ADMINISTRATIVE ORDERS Fresh Garlic from the People’s Republic of China, 27585– Defense and National Security: 27587 Defense Production Act of 1950; Determination Initiation of Antidumping and Countervailing Duty (Presidential Determination No. 2019–13 of June 10, Administrative Reviews, 27587–27599 2019), 27701

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Nicaragua Human Rights and Anticorruption Act of 2018; Trade Representative, Office of United States Delegation of Functions and Authorities (Memorandum NOTICES of May 24, 2019), 27693–27696 Product Exclusions: Sanctioning the Use of Civilians as Defenseless Shields Act; Particular Products from the Solar Products Safeguard Delegation of Functions and Authorities (Memorandum Measure, 27684–27685 of May 24, 2019), 27697 Transportation Department See Federal Aviation Administration Securities and Exchange Commission See Federal Motor Carrier Safety Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 27670–27671 Submissions, and Approvals: Meetings; Sunshine Act, 27671 Prioritization and Allocation Authority Exercised by the Self-Regulatory Organizations; Proposed Rule Changes: Secretary of Transportation Under the Defense Cboe C2 Exchange, Inc., 27675–27678 Production Act, 27691 Cboe EDGX Exchange, Inc., 27671–27672 Cboe Exchange, Inc., 27667–27669 Treasury Department Nasdaq GEMX, LLC, 27672–27675 See Internal Revenue Service Nasdaq MRX, LLC, 27678–27681 NYSE American LLC, 27665–27666 U.S. Customs and Border Protection NYSE Arca, Inc., 27669–27670 NOTICES The Nasdaq Stock Market, LLC, 27672 Agency Information Collection Activities; Proposals, Submissions, and Approvals: African Growth and Opportunity Act Textile Certificate Small Business Administration of Origin, 27644–27645 NOTICES Exportation of Used Self-Propelled Vehicles, 27642– Major Disaster Declaration: 27643 Nebraska, 27681 Importers of Merchandise Subject to Actual Use Provisions, 27641–27642 State Department User Fees, 27643–27644 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Separate Parts In This Issue Supplemental Questionnaire to Determine Identity for a U.S. Passport, 27681–27682 Part II Presidential Documents, 27693–27697, 27699–27701

State Justice Institute NOTICES Reader Aids Meetings: Consult the Reader Aids section at the end of this issue for Board of Directors, 27682 phone numbers, online resources, finding aids, and notice of recently enacted public laws. Susquehanna River Basin Commission To subscribe to the Federal Register Table of Contents NOTICES electronic mailing list, go to https://public.govdelivery.com/ Grandfathering Registration, 27683 accounts/USGPOOFR/subscriber/new, enter your e-mail Projects Approved: address, then follow the instructions to join, leave, or Consumptive Uses of Water, 27682–27684 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: 9905...... 27699 Administrative Orders: Memorandums: Memorandum of May 24, 2019 ...... 27695 Memorandum of May 24, 2019 ...... 27697 Presidential Determinations: Presidential Determination 2019– 13 ...... 27701 14 CFR 39 (4 documents) ...... 27503, 27506, 27508, 27511 21 CFR Proposed Rules: 16...... 27543 1107...... 27543 26 CFR 1...... 27513 33 CFR 165 (2 documents) ...... 27531 36 CFR Proposed Rules: 220...... 27544 40 CFR 355...... 27533 Proposed Rules: 52 (2 documents) ...... 27559, 27566 81...... 27566 47 CFR Proposed Rules: 54...... 27570 50 CFR Proposed Rules: 622...... 27576

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Rules and Regulations Federal Register Vol. 84, No. 114

Thursday, June 13, 2019

This section of the FEDERAL REGISTER South 216th St., Des Moines, WA. For Transport Canada Civil Aviation contains regulatory documents having general information on the availability of this (TCCA), which is the aviation authority applicability and legal effect, most of which material at the FAA, call 206–231–3195. for Canada, has issued Canadian AD are keyed to and codified in the Code of It is also available on the internet at CF–2018–19, dated July 20, 2018 Federal Regulations, which is published under http://www.regulations.gov by searching (referred to after this as the Mandatory 50 titles pursuant to 44 U.S.C. 1510. for and locating Docket No. FAA–2019– Continuing Airworthiness Information, The Code of Federal Regulations is sold by 0024. or ‘‘the MCAI’’), to correct an unsafe condition for certain Bombardier, Inc., the Superintendent of Documents. Examining the AD Docket Model CL–600–2A12 (601) airplanes. You may examine the AD docket on The MCAI states: DEPARTMENT OF TRANSPORTATION the internet at http:// There has been a report of damage to the www.regulations.gov by searching for Federal Aviation Administration anti-rotation tab on a Main Landing Gear and locating Docket No. FAA–2019– (MLG) Side Brace fitting. Investigation of the 0024; or in person at Docket Operations report revealed that a Challenger model 14 CFR Part 39 between 9 a.m. and 5 p.m., Monday CL600 MLG Side Brace shaft had been [Docket No. FAA–2019–0024; Product through Friday, except Federal holidays. installed on a Challenger model CL601 Side Identifier 2018–NM–138–AD; Amendment The AD docket contains this final rule, Brace fitting. Due to the difference in size, 39–19640; AD 2019–10–01] this will result in changes to the way the load the regulatory evaluation, any is transferred between the shaft and the MLG RIN 2120–AA64 comments received, and other Side Brace fitting and may result in information. The address for Docket premature cracking of the MLG Side Brace Airworthiness Directives; Bombardier, Operations (phone: 800–647–5527) is fitting. This condition, if not corrected, could Inc., Airplanes U.S. Department of Transportation, lead to the collapse of the MLG resulting in Docket Operations, M–30, West structural damage to the wing spar and fuel AGENCY: Federal Aviation Building Ground Floor, Room W12–140, tank. Administration (FAA), Department of 1200 New Jersey Avenue SE, This [Canadian] AD mandates an Transportation (DOT). inspection of the MLG Side Brace fitting and Washington, DC 20590. shaft to verify that the correct shaft part ACTION: Final rule. FOR FURTHER INFORMATION CONTACT: Aziz number (P/N) is installed and the fitting is not damaged [damage includes cracking, SUMMARY: We are adopting a new Ahmed, Aerospace Engineer, FAA, New scratches, gouges, corrosion, defects, and airworthiness directive (AD) for certain York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, New York incorrect inner diameter tolerance]. If the Bombardier, Inc., Model CL–600–2A12 Challenger CL600 shaft is installed, this AD (601) airplanes. This AD was prompted 11590; telephone: 516–287–7329; fax: mandates replacement with the correct by a report of damage to the anti- 516–794–5531; email: Aziz.Ahmed@ Challenger model CL601 part. If the correct rotation tab on a main landing gear faa.gov. P/N is found installed, this [Canadian] AD also mandates the installation of a bracket to (MLG) side brace fitting due to the SUPPLEMENTARY INFORMATION: installation of an incorrect side brace prevent the incorrect part from being fitting shaft. This AD requires an Discussion installed in the future. inspection of the MLG side brace fitting We issued a notice of proposed You may examine the MCAI in the for damage, a verification of the side rulemaking (NPRM) to amend 14 CFR AD docket on the internet at http:// brace fitting shaft part number, and part 39 by adding an AD that would www.regulations.gov by searching for replacement of the side brace fitting apply to certain Bombardier, Inc., Model and locating Docket No. FAA–2019– shaft if necessary. It also requires the CL–600–2A12 (601) airplanes. The 0024. installation of an anti-rotation bracket. NPRM published in the Federal Comments We are issuing this AD to address the Register on February 28, 2019 (84 FR We gave the public the opportunity to unsafe condition on these products. 6705). The NPRM was prompted by a participate in developing this final rule. DATES: This AD is effective July 18, report of damage to the anti-rotation tab We received no comments on the NPRM 2019. on an MLG side brace fitting due to the or on the determination of the cost to The Director of the Federal Register installation of an incorrect side brace the public. approved the incorporation by reference fitting shaft. The NPRM proposed to of a certain publication listed in this AD require an inspection of the MLG side Conclusion as of July 18, 2019. brace fitting for damage, a verification of We reviewed the relevant data and ADDRESSES: For service information the side brace fitting shaft part number, determined that air safety and the identified in this final rule, contact and replacement of the side brace fitting public interest require adopting this Bombardier, Inc., 200 Coˆte-Vertu Road shaft if necessary. It also proposed to final rule as proposed, except for minor West, Dorval, Que´bec H4S 2A3, Canada; require the installation of an anti- editorial changes. We have determined North America toll-free telephone 1– rotation bracket. that these minor changes: 866–538–1247 or direct-dial telephone We are issuing this AD to address • Are consistent with the intent that 1–514–855–2999; email ac.yul@ premature cracking of the MLG side was proposed in the NPRM for aero.bombardier.com; internet http:// brace fitting. This condition, if not addressing the unsafe condition; and www.bombardier.com. You may view corrected, could lead to the collapse of • Do not add any additional burden this service information at the FAA, the MLG, resulting in structural damage upon the public than was already Transport Standards Branch, 2200 to the wing spar and fuel tank. proposed in the NPRM.

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Related Service Information Under 1 and side brace fitting shaft, installing a course of business or by the means CFR Part 51 replacement side brace fitting shaft if identified in the ADDRESSES section. necessary, and installing an anti- Costs of Compliance Bombardier has issued Service rotation bracket. Bulletin 601–0624, Revision 02, dated We estimate that this AD affects 9 This service information is reasonably January 29, 2018. This service airplanes of U.S. registry. We estimate information describes procedures for available because the interested parties the following costs to comply with this inspecting the MLG side brace fitting have access to it through their normal AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

4 work-hours × $85 per hour = $340 ...... $397 $737 $6,633

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

8 work-hours × $85 per hour = $680 ...... $7,989 $8,669

Authority for This Rulemaking Regulatory Findings PART 39—AIRWORTHINESS DIRECTIVES Title 49 of the United States Code This AD will not have federalism specifies the FAA’s authority to issue implications under Executive Order ■ 1. The authority citation for part 39 rules on aviation safety. Subtitle I, 13132. This AD will not have a continues to read as follows: section 106, describes the authority of substantial direct effect on the States, on Authority: 49 U.S.C. 106(g), 40113, 44701. the FAA Administrator. Subtitle VII: the relationship between the national Aviation Programs, describes in more government and the States, or on the § 39.13 [Amended] detail the scope of the Agency’s distribution of power and ■ authority. responsibilities among the various 2. The FAA amends § 39.13 by adding the following new airworthiness levels of government. We are issuing this rulemaking under directive (AD): the authority described in Subtitle VII, For the reasons discussed above, I Part A, Subpart III, Section 44701: 2019–10–01 Bombardier, Inc.: Amendment certify that this AD: 39–19640; Docket No. FAA–2019–0024; ‘‘General requirements.’’ Under that (1) Is not a ‘‘significant regulatory Product Identifier 2018–NM–138–AD. section, Congress charges the FAA with action’’ under Executive Order 12866, promoting safe flight of civil aircraft in (a) Effective Date air commerce by prescribing regulations (2) Is not a ‘‘significant rule’’ under This AD is effective July 18, 2019. the DOT Regulatory Policies and for practices, methods, and procedures (b) Affected ADs Procedures (44 FR 11034, February 26, the Administrator finds necessary for None. safety in air commerce. This regulation 1979), is within the scope of that authority (3) Will not affect intrastate aviation (c) Applicability because it addresses an unsafe condition in Alaska, and This AD applies to Bombardier, Inc., Model CL–600–2A12 (601) airplanes, that is likely to exist or develop on (4) Will not have a significant products identified in this rulemaking certificated in any category, serial numbers economic impact, positive or negative, (S/N) 3001 through 3009 inclusive and 3011 action. on a substantial number of small entities through 3029 inclusive. This AD is issued in accordance with under the criteria of the Regulatory (d) Subject authority delegated by the Executive Flexibility Act. Director, Aircraft Certification Service, Air Transport Association (ATA) of America Code 57, Wings. as authorized by FAA Order 8000.51C. List of Subjects in 14 CFR Part 39 In accordance with that order, issuance Air transportation, Aircraft, Aviation (e) Reason of ADs is normally a function of the safety, Incorporation by reference, This AD was prompted by a report of Compliance and Airworthiness Safety. damage to the anti-rotation tab on a main Division, but during this transition landing gear (MLG) side brace fitting due to period, the Executive Director has Adoption of the Amendment the installation of an incorrect side brace delegated the authority to issue ADs fitting shaft. We are issuing this AD to Accordingly, under the authority address premature cracking of the MLG side applicable to transport category brace fitting. This condition, if not corrected, airplanes and associated appliances to delegated to me by the Administrator, the FAA amends 14 CFR part 39 as could lead to the collapse of the MLG, the Director of the System Oversight resulting in structural damage to the wing follows: Division. spar and fuel tank.

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(f) Compliance gouges, corrosion, and inner diameter to the manager of the certification office, Comply with this AD within the tolerance, and an SDI of the side brace fitting send it to ATTN: Program Manager, compliance times specified, unless already aft bore for cracks and defects; perform Continuing Operational Safety, FAA, New done. applicable repairs; replace the side brace York ACO Branch, 1600 Stewart Avenue, fitting shaft with a side brace fitting shaft Suite 410, Westbury, NY 11590; telephone (g) Inspection for Damage and Identification having P/N 600–10237–3; and install the 516–228–7300; fax 516–794–5531. Before of the Side Brace Fitting Shaft Part Number anti-rotation bracket in accordance with using any approved AMOC, notify your Within 400 flight cycles or 12 months, paragraph 2.D. of the Accomplishment appropriate principal inspector, or lacking a whichever occurs first, after the effective date Instructions of Bombardier Service Bulletin principal inspector, the manager of the local 601–0624, Revision 02, dated January 29, of this AD, do the actions specified in flight standards district office/certificate 2018. paragraphs (g)(1) and (g)(2) of this AD. holding district office. (1) Identify the part number of the installed (j) Exceptions to Service Information (2) Contacting the Manufacturer: For any side brace fitting shaft. requirement in this AD to obtain corrective (2) Do a detailed visual inspection (DVI) of Where Bombardier Service Bulletin 601– 0624, Revision 02, dated January 29, 2018, actions from a manufacturer, the action must the side brace fitting for signs of damage, be accomplished using a method approved including cracking and gouges, in accordance specifies contacting Bombardier’s Customer Support Engineering for repair instructions: by the Manager, New York ACO Branch, with paragraph 2.B. of the Accomplishment FAA; or Transport Canada Civil Aviation Instructions of Bombardier Service Bulletin This AD requires doing the repair before (TCCA); or Bombardier, Inc.’s TCCA Design 601–0624, Revision 02, dated January 29, further flight using a method approved in Approval Organization (DAO). If approved by 2018. accordance with the procedures specified in paragraph (l)(2) of this AD. the DAO, the approval must include the (h) Installation of Anti-Rotation Bracket DAO-authorized signature. (k) Credit for Previous Actions (1) For airplanes on which a side brace (m) Related Information fitting shaft having P/N 600–10237–3 is (1) For an airplane on which a side brace installed and the actions required by fitting shaft having P/N 600–10237–3 is (1) Refer to Mandatory Continuing installed: This paragraph provides credit for paragraph (g) of this AD are done on or after Airworthiness Information (MCAI) Canadian actions required by paragraphs (g) and (h) of the effective date of this AD: Before further AD CF–2018–19, dated July 20, 2018, for this AD, if those actions were performed flight, modify the MLG side brace fitting by related information. This MCAI may be before the effective date of this AD using installing the anti-rotation bracket in found in the AD docket on the internet at Bombardier Service Bulletin 601–0624, dated accordance with paragraph 2.C. of the http://www.regulations.gov by searching for October 1, 2012; or Bombardier Service Accomplishment Instructions of Bombardier and locating Docket No. FAA–2019–0024. Bulletin 601–0624, Revision 01, dated March Service Bulletin 601–0624, Revision 02, (2) For more information about this AD, 29, 2017. dated January 29, 2018. contact Aziz Ahmed, Aerospace Engineer, (2) This paragraph provides credit for (2) For airplanes on which a side brace actions required by paragraph (g) of this AD, FAA, New York ACO Branch, 1600 Stewart fitting shaft having P/N 600–10237–3 is if those actions were performed before the Avenue, Suite 410, Westbury, New York installed and the actions required by effective date of this AD using Bombardier 11590; telephone: 516–287–7329; fax: 516– paragraph (g) of this AD were done before the Service Bulletin 601–0624, dated October 1, 794–5531; email: [email protected]. effective date of this AD: Within 6 months 2012; or Bombardier Service Bulletin 601– (3) Service information identified in this after the effective date of this AD, modify the 0624, Revision 01, dated March 29, 2017, AD that is not incorporated by reference is MLG side brace fitting by installing the anti- provided that the side brace fitting shaft was available at the addresses specified in rotation bracket in accordance with identified as having P/N 600–10237–3 and paragraphs (n)(3) and (n)(4) of this AD. paragraph 2.C. of the Accomplishment within 6 months after the effective date of (n) Material Incorporated by Reference Instructions of Bombardier Service Bulletin this AD, the MLG side brace fitting is 601–0624, Revision 02, dated January 29, modified by installing the anti-rotation (1) The Director of the Federal Register 2018. bracket in accordance with paragraph 2.C. of approved the incorporation by reference (i) Replacement of the Side Brace Fitting the Accomplishment Instructions of (IBR) of the service information listed in this Shaft and Installation of the Anti-Rotation Bombardier Service Bulletin 601–0624, paragraph under 5 U.S.C. 552(a) and 1 CFR Bracket Revision 02, dated January 29, 2018. part 51. (3) This paragraph provides credit for (2) You must use this service information (1) For airplanes on which a side brace actions required by paragraphs (g) and (i) of as applicable to do the actions required by fitting shaft having P/N 600–10237–1 or 600– this AD, if those actions were performed this AD, unless this AD specifies otherwise. 10237–5 is installed and damage is found before the effective date of this AD using (i) Bombardier Service Bulletin 601–0624, during the DVI of the side brace fitting: Bombardier Service Bulletin 601–0624, Revision 02, dated January 29, 2018. Before further flight, do a DVI of the anti- Revision 01, dated March 29, 2017, provided (ii) [Reserved] rotation tab and side brace fitting aft bushing that any side brace fitting shaft having P/N (3) For service information identified in for cracking, scratches, gouges, corrosion, 600–10237–1 or P/N 600–10237–5 was ˆ and inner diameter tolerance, and a special this AD, contact Bombardier, Inc., 200 Cote- identified and replaced with a side brace Vertu Road West, Dorval, Que´bec H4S 2A3, detailed inspection (SDI) of the side brace fitting shaft having P/N 600–10237–3, and fitting aft bore for cracks and defects; perform Canada; North America toll-free telephone: the anti-rotation bracket was installed in 1–866–538–1247 or direct-dial telephone: 1– applicable repairs; replace the side brace accordance with paragraph 2.D. of the fitting shaft with a side brace fitting shaft 514–855–2999; email: ac.yul@ Accomplishment Instructions of Bombardier aero.bombardier.com; internet: http:// having P/N 600–10237–3; and install the Service Bulletin 601–0624, Revision 01, www.bombardier.com. anti-rotation bracket in accordance with dated March 29, 2017. paragraph 2.D. of the Accomplishment (4) You may view this service information Instructions of Bombardier Service Bulletin (l) Other FAA AD Provisions at the FAA, Transport Standards Branch, 601–0624, Revision 02, dated January 29, The following provisions also apply to this 2200 South 216th St., Des Moines, WA. For 2018. AD: information on the availability of this (2) For airplanes on which a side brace (1) Alternative Methods of Compliance material at the FAA, call 206–231–3195. fitting shaft having P/N 600–10237–1 or 600– (AMOCs): The Manager, New York ACO (5) You may view this service information 10237–5 is installed and no damage is found Branch, FAA, has the authority to approve that is incorporated by reference at the during the DVI of the side brace fitting: AMOCs for this AD, if requested using the National Archives and Records Within 300 flight cycles or 12 months, procedures found in 14 CFR 39.19. In Administration (NARA). For information on whichever occurs first, after the inspection accordance with 14 CFR 39.19, send your the availability of this material at NARA, call required by paragraph (g)(2) of this AD, do request to your principal inspector or local 202–741–6030, or go to: http:// a DVI of the anti-rotation tab and side brace Flight Standards District Office, as www.archives.gov/federal-register/cfr/ibr- fitting aft bushing for cracking, scratches, appropriate. If sending information directly locations.html.

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Issued in Des Moines, Washington, on May M–30, West Building Ground Floor, connection, which could reduce the 29, 2019. Room W12–140, 1200 New Jersey structural integrity of the VTP, and Michael Kaszycki, Avenue SE, Washington, DC 20590. could ultimately lead to reduced Acting Director, System Oversight Division, • Hand Delivery: U.S. Department of controllability of the airplane. Aircraft Certification Service. Transportation, Docket Operations, Actions Since AD 2018–25–12 Was [FR Doc. 2019–12351 Filed 6–12–19; 8:45 am] M–30, West Building Ground Floor, Issued BILLING CODE 4910–13–P Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590, Since we issued AD 2018–25–12, it between 9 a.m. and 5 p.m., Monday was determined that the instructions for DEPARTMENT OF TRANSPORTATION through Friday, except Federal holidays. certain airplanes (Group 2 airplanes as For the material incorporated by identified in the EASA AD identified Federal Aviation Administration reference (IBR) in this AD, contact the below), are unclear for proper EASA, at Konrad-Adenauer-Ufer 3, accomplishment of the required 14 CFR Part 39 50668 Cologne, Germany; telephone +49 modification. [Docket No. FAA–2019–0405; Product 221 89990 1000; email: ADs@ The EASA, which is the Technical Identifier 2019–NM–003–AD; Amendment easa.europa.eu; internet: Agent for the Member States of the 39–19647; AD 2019–11–01] www.easa.europa.eu. You may find this European Union, has issued EASA AD 2018–0290, dated December 21, 2018 RIN 2120–AA64 IBR material on the EASA website at https://ad.easa.europa.eu. You may (‘‘EASA AD 2018–0290’’) (also referred Airworthiness Directives; Airbus SAS view this IBR material at the FAA, to as the Mandatory Continuing Airplanes Transport Standards Branch, 2200 Airworthiness Information, or ‘‘the South 216th St., Des Moines, WA. For MCAI’’), to correct an unsafe condition AGENCY: Federal Aviation information on the availability of this for certain Airbus SAS Model A350–941 Administration (FAA), DOT. material at the FAA, call 206–231–3195. airplanes. The MCAI states: ACTION: Final rule; request for It is also available in the AD docket on It was identified that the section 19 holes comments. the internet at http:// for the Vertical Tail Plane (VTP) tension bolts connection are not properly protected against SUMMARY: We are superseding www.regulations.gov. corrosion. Airworthiness Directive (AD) 2018–25– Examining the AD Docket This condition, if not corrected, could 12, which applied to certain Airbus SAS You may examine the AD docket on reduce the structural integrity of the VTP. Model A350–941 airplanes. AD 2018– the internet at http:// To address this unsafe condition, Airbus 25–12 required modifying the vertical developed production mod 108307 and mod www.regulations.gov by searching for tail plane (VTP) tension bolts 110696 to improve protection against and locating Docket No. FAA–2019– connection by adding sealant and corrosion, and issued the SB [service 0405; or in person at Docket Operations protective treatment to the head of the bulletin] to provide in-service modification between 9 a.m. and 5 p.m., Monday connection, at the barrel nut cavities, instructions. Consequently, EASA issued AD through Friday, except Federal holidays. 2018–0045 [which corresponds to FAA and in the surrounding area. Since we The AD docket contains this AD, the 2018–25–12] to require a modification by issued AD 2018–25–12, it was regulatory evaluation, any comments adding sealant and protective treatment to determined that the instructions for received, and other information. The the head of the section 19 VTP tension bolts certain airplanes are unclear for proper street address for Docket Operations connection, at the barrel nut cavities and in accomplishment of the required the surrounding area. (phone: 800–647–5527) is listed above. modification. This AD, for certain Since that [EASA] AD was issued, it was Comments will be available in the AD airplanes, requires accomplishing a identified that the instructions for Group 2 docket shortly after receipt. revised modification and, for certain aeroplanes, as identified in the SB, were not other airplanes, retains the modification FOR FURTHER INFORMATION CONTACT: clear enough for proper accomplishment. required by AD 2018–25–12, as Kathleen Arrigotti, Aerospace Engineer, Consequently, Airbus published Revision 01 of the SB to clarify those instructions for specified in an European Aviation International Section, Transport Standards Branch, FAA, 2200 South Group 2 aeroplanes. Safety Agency (EASA) AD, which will For the reasons described above, this be incorporated by reference. We are 216th St., Des Moines, WA 98198; [EASA] AD retains the requirements of EASA issuing this AD to address the unsafe telephone and fax 206–231–3218. AD 2018–0045, which is superseded, and condition on these products. SUPPLEMENTARY INFORMATION: requires, for Group 2 aeroplanes, accomplishment of the modification in DATES: This AD becomes effective June Discussion 28, 2019. accordance with the instructions of Revision The Director of the Federal Register We issued AD 2018–25–12, 01 of the SB. approved the incorporation by reference Amendment 39–19523 (83 FR 64230, You may examine the MCAI in the of a certain publication listed in this AD December 14, 2018) (‘‘AD 2018–25– AD docket on the internet at http:// as of June 28, 2019. 12’’), which applied to certain Airbus www.regulations.gov by searching for We must receive comments on this SAS Model A350–941 airplanes. AD and locating Docket No. FAA–2019– AD by July 29, 2019. 2018–25–12 required modifying the 0405. ADDRESSES: VTP tension bolts connection by adding You may send comments, Explanation of Retained Requirements using the procedures found in 14 CFR sealant and protective treatment to the 11.43 and 11.45, by any of the following head of the connection, at the barrel nut Although this AD does not explicitly methods: cavities, and in the surrounding area. restate the requirements of AD 2018– • Federal eRulemaking Portal: Go to AD 2018–25–12 resulted from a 25–12, this AD retains certain http://www.regulations.gov. Follow the determination that certain holes for the requirements of AD 2018–25–12 with instructions for submitting comments. VTP tension bolts connection are not clarified instructions. Those • Fax: 202–493–2251. properly protected against corrosion. requirements are referenced in EASA • Mail: U.S. Department of We issued AD 2018–25–12 to address AD 2018–0290, which, in turn, is Transportation, Docket Operations, corrosion of the VTP tension bolts referenced in paragraph (g) of this AD.

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Related IBR Material Under 1 CFR Part identified as exceptions in the Comments Invited 51 regulatory text of this AD. This AD is a final rule that involves EASA AD 2018–0290 describes Explanation of Required Compliance requirements affecting flight safety, and procedures for implementing the means Information we did not precede it by notice and to protect the section 19 VTP frames connections (by modifying the VTP In the FAA’s ongoing efforts to opportunity for public comment. We tension bolts connection by adding improve the efficiency of the AD invite you to send any written relevant sealant and protective treatment to the process, the FAA worked with Airbus data, views, or arguments about this AD. head of the connection, at the barrel nut and EASA to develop a process to use Send your comments to an address cavities, and in the surrounding area). certain EASA ADs as the primary source listed under the ADDRESSES section. This material is reasonably available of information for compliance with Include ‘‘Docket No. FAA–2019–0405; because the interested parties have requirements for corresponding FAA Product Identifier 2019–NM–003–AD’’ access to it through their normal course ADs. As a result, EASA AD 2018–0290 at the beginning of your comments. We of business or by the means identified is incorporated by reference in the FAA specifically invite comments on the in the ADDRESSES section. final rule. This AD, therefore, requires overall regulatory, economic, compliance with the provisions FAA’s Determination environmental, and energy aspects of specified in EASA AD 2018–0290, this AD. We will consider all comments except for any differences identified as This product has been approved by received by the closing date and may exceptions in the regulatory text of this the aviation authority of another amend this AD based on those AD. Service information specified in country, and is approved for operation comments. in the United States. Pursuant to our EASA AD 2018–0290 that is required for bilateral agreement with the State of compliance with EASA AD 2018–0290 We will post all comments we Design Authority, we have been notified is available on the internet at http:// receive, without change, to http:// of the unsafe condition described in the www.regulations.gov by searching for www.regulations.gov, including any MCAI referenced above. We are issuing and locating Docket No. FAA–2019– personal information you provide. We this AD because we evaluated all 0405. will also post a report summarizing each pertinent information and determined FAA’s Justification and Determination substantive verbal contact we receive the unsafe condition exists and is likely of the Effective Date about this AD. to exist or develop on other products of the same type design. Since there are currently no domestic Costs of Compliance operators of this product, notice and Requirements of This AD opportunity for public comment before Currently, there are no U.S.-registered This AD requires accomplishing the issuing this AD are unnecessary. In airplanes. If an affected airplane is actions specified in EASA AD 2018– addition, for the reasons stated above, imported and placed on the U.S. 0290 described previously, through the we find that good cause exists for Register in the future, we provide the incorporation by reference of EASA AD making this amendment effective in less following cost estimates to comply with 2018–0290, except for any differences than 30 days. this AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

Cost per Labor cost Parts cost product

48 work-hour × $85 per hour = $4,080 ...... $9,200 $13,280

According to the manufacturer, some promoting safe flight of civil aircraft in the Director of the System Oversight or all of the costs of this AD may be air commerce by prescribing regulations Division. covered under warranty, thereby for practices, methods, and procedures Regulatory Findings reducing the cost impact on affected the Administrator finds necessary for individuals. We do not control warranty safety in air commerce. This regulation We determined that this AD will not coverage for affected individuals. As a is within the scope of that authority have federalism implications under result, we have included all known because it addresses an unsafe condition Executive Order 13132. This AD will costs in our cost estimate. that is likely to exist or develop on not have a substantial direct effect on Authority for This Rulemaking products identified in this rulemaking the States, on the relationship between action. the national government and the States, Title 49 of the United States Code or on the distribution of power and This AD is issued in accordance with specifies the FAA’s authority to issue responsibilities among the various rules on aviation safety. Subtitle I, authority delegated by the Executive levels of government. section 106, describes the authority of Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. For the reasons discussed above, I the FAA Administrator. Subtitle VII: certify that this AD: Aviation Programs, describes in more In accordance with that order, issuance detail the scope of the Agency’s of ADs is normally a function of the 1. Is not a ‘‘significant regulatory authority. Compliance and Airworthiness action’’ under Executive Order 12866; We are issuing this rulemaking under Division, but during this transition 2. Is not a ‘‘significant rule’’ under the the authority described in Subtitle VII, period, the Executive Director has DOT Regulatory Policies and Procedures Part A, Subpart III, Section 44701: delegated the authority to issue ADs (44 FR 11034, February 26, 1979); ‘‘General requirements.’’ Under that applicable to transport category 3. Will not affect intrastate aviation in section, Congress charges the FAA with airplanes and associated appliances to Alaska; and

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4. Will not have a significant (h) Exceptions to EASA AD 2018–0290 (2) You must use this service information economic impact, positive or negative, (1) For purposes of determining as applicable to do the actions required by on a substantial number of small entities compliance with the requirements of this AD: this AD, unless this AD specifies otherwise. under the criteria of the Regulatory Where EASA AD 2018–0290 refers to its (i) European Aviation Safety Agency (EASA) AD 2018–0290, dated December 21, Flexibility Act. effective date, this AD requires using the effective date of this AD. 2018. List of Subjects in 14 CFR Part 39 (2) Where EASA AD 2018–0290 refers to a (ii) [Reserved] (3) For EASA AD 2018–0290, contact the Air transportation, Aircraft, Aviation compliance time after March 1, 2018, this AD requires using January 18, 2019 (the effective EASA, Konrad-Adenauer-Ufer 3, 50668 safety, Incorporation by reference, date of AD 2018–25–12). Cologne, Germany; telephone +49 221 89990 Safety. (3) The ‘‘Remarks’’ section of EASA AD 6017; email [email protected]; Internet 2018–0290 does not apply to this AD. www.easa.europa.eu. You may find this Adoption of the Amendment EASA AD on the EASA website at https:// Accordingly, under the authority (i) Other FAA AD Provisions ad.easa.europa.eu. delegated to me by the Administrator, The following provisions also apply to this (4) You may view this EASA AD at the the FAA amends 14 CFR part 39 as AD: FAA, Transport Standards Branch, 2200 follows: (1) Alternative Methods of Compliance South 216th St., Des Moines, WA. For (AMOCs): The Manager, International information on the availability of this PART 39—AIRWORTHINESS Section, Transport Standards Branch, FAA, material at the FAA, call 206–231–3195. has the authority to approve AMOCs for this DIRECTIVES EASA AD 2018–0290 may be found in the AD, if requested using the procedures found AD docket on the internet at http:// ■ in 14 CFR 39.19. In accordance with 14 CFR www.regulations.gov by searching for and 1. The authority citation for part 39 39.19, send your request to your principal continues to read as follows: locating Docket No. FAA–2019–0405. inspector or local Flight Standards District (5) You may view this material that is Authority: 49 U.S.C. 106(g), 40113, 44701. Office, as appropriate. If sending information incorporated by reference at the National directly to the International Section, send it Archives and Records Administration § 39.13 [Amended] to the attention of the person identified in (NARA). For information on the availability ■ 2. The FAA amends § 39.13 by paragraph (j) of this AD. Information may be of this material at NARA, call 202–741–6030, emailed to: 9-ANM-116-AMOC-REQUESTS@ removing Airworthiness Directive (AD) or go to: http://www.archives.gov/federal- faa.gov. Before using any approved AMOC, register/cfr/ibr-locations.html. 2018–25–12, Amendment 39–19523 (83 notify your appropriate principal inspector, FR 64230, December 14, 2018), and or lacking a principal inspector, the manager Issued in Des Moines, Washington, on May adding the following new AD: of the local flight standards district office/ 29, 2019. certificate holding district office. 2019–11–01 Airbus SAS: Amendment 39– Michael Kaszycki, (2) Contacting the Manufacturer: For any 19647; Docket No. FAA–2019–0405; Acting Director, System Oversight Division, requirement in this AD to obtain instructions Product Identifier 2019–NM–003–AD. Aircraft Certification Service. from a manufacturer, the instructions must (a) Effective Date be accomplished using a method approved [FR Doc. 2019–12352 Filed 6–12–19; 8:45 am] This AD becomes effective June 28, 2019. by the Manager, International Section, BILLING CODE 4910–13–P Transport Standards Branch, FAA; or EASA; (b) Affected ADs or Airbus SAS’s EASA Design Organization This AD replaces AD 2018–25–12, Approval (DOA). If approved by the DOA, DEPARTMENT OF TRANSPORTATION Amendment 39–19523 (83 FR 64230, the approval must include the DOA- December 14, 2018) (‘‘AD 2018–25–12’’). authorized signature. Federal Aviation Administration (3) Required for Compliance (RC): For any (c) Applicability service information referenced in EASA AD 14 CFR Part 39 This AD applies to Airbus SAS Model 2018–0290 that contains RC procedures and A350–941 airplanes, certificated in any tests: Except as required by paragraph (i)(2) [Docket No. FAA–2019–0338; Product category, as identified in European Aviation of this AD, RC procedures and tests must be Identifier 2019–NE–10–AD; Amendment 39– Safety Agency (EASA) AD 2018–0290, dated done to comply with this AD; any procedures 19653; AD 2019–11–07] December 21, 2018 (‘‘EASA AD 2018–0290’’). or tests that are not identified as RC are recommended. Those procedures and tests RIN 2120–AA64 (d) Subject that are not identified as RC may be deviated Air Transport Association (ATA) of from using accepted methods in accordance Airworthiness Directives; Rolls-Royce America Code 55, Stabilizers. with the operator’s maintenance or plc Turbofan Engines inspection program without obtaining (e) Reason approval of an AMOC, provided the AGENCY: Federal Aviation This AD was prompted by a determination procedures and tests identified as RC can be Administration (FAA), DOT. that certain holes for the vertical tail plane done and the airplane can be put back in an ACTION: Final rule; request for (VTP) tension bolts connection are not airworthy condition. Any substitutions or comments. properly protected against corrosion. We are changes to procedures or tests identified as issuing this AD to address corrosion of the RC require approval of an AMOC. SUMMARY: The FAA is adopting a new VTP tension bolts connection, which could (j) Related Information airworthiness directive (AD) for all reduce the structural integrity of the VTP, Rolls-Royce plc (RR) RB211–524G2–19, and could ultimately lead to reduced For more information about this AD, controllability of the airplane. contact Kathleen Arrigotti, Aerospace RB211–524G2–T–19, RB211–524G3–19, Engineer, International Section, Transport RB211–524G3–T–19, RB211–524H2–19, (f) Compliance Standards Branch, FAA, 2200 South 216th RB211–524H2–T–19, RB211–524H–36 Comply with this AD within the St., Des Moines, WA 98198; telephone and and RB211–524H–T–36 engines. This compliance times specified, unless already fax 206–231–3218. AD requires removal of affected low- done. (k) Material Incorporated by Reference pressure compressor (LPC) shafts. This (g) Requirements (1) The Director of the Federal Register AD was prompted by unauthorized Except as specified in paragraph (h) of this approved the incorporation by reference repairs to the affected LPC shafts that AD: Comply with all required actions and (IBR) of the service information listed in this reduced their expected life. The FAA is compliance times specified in, and in paragraph under 5 U.S.C. 552(a) and 1 CFR issuing this AD to address the unsafe accordance with, EASA AD 2018–0290. part 51. condition on these products.

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DATES: This AD is effective June 28, Avenue, Burlington, MA 01803; phone: develop in other products of the same 2019. 781–238–7148; fax: 781–238–7199; type design. The FAA must receive comments on email: [email protected]. AD Requirements this AD by July 29, 2019. SUPPLEMENTARY INFORMATION: ADDRESSES: You may send comments, This AD requires removal of the using the procedures found in 14 CFR Discussion affected LPC shafts at a reduced cyclic 11.43 and 11.45, by any of the following The European Union Aviation Safety life limit. methods: Agency (EASA), which is the Technical • FAA’s Justification and Determination Federal eRulemaking Portal: Go to Agent for the Member States of the of the Effective Date http://www.regulations.gov. Follow the European Community, has issued EASA instructions for submitting comments. AD 2018–0157, dated July 24, 2018 No domestic operators use this • Fax: 202–493–2251. (referred to after this as ‘‘the MCAI’’), to product. Therefore, the FAA finds good • Mail: U.S. Department of address an unsafe condition for the cause that notice and opportunity for Transportation, Docket Operations, specified products. The MCAI states: prior public comment are unnecessary. In addition, for the reason stated above, M–30, West Building Ground Floor, It was reported that a number of low Room W12–140, 1200 New Jersey pressure (LP) compressor shafts have the FAA finds that good cause exists for Avenue SE, Washington, DC 20590. undergone unauthorised repairs, which were making this amendment effective in less • Hand Delivery: U.S. Department of found to be detrimental to the approved shaft than 30 days. Transportation, Docket Operations, life. Comments Invited M–30, West Building Ground Floor, This condition, if not corrected, could lead Room W12–140, 1200 New Jersey to fracture of the LP compressor shaft and This AD is a final rule that involves Avenue SE, Washington, DC 20590, release of high energy debris, possibly requirements affecting flight safety and between 9 a.m. and 5 p.m., Monday resulting in damage to, and reduced control was not preceded by notice and an through Friday, except Federal holidays. of, the aeroplane. opportunity for public comment. For service information identified in To address this potentially unsafe However, the FAA invites you to send this final rule, contact Rolls-Royce plc, condition, it has been decided that a life any written data, views, or arguments reduction must be imposed for those LP Corporate Communications, P.O. Box about this final rule. Send your compressor shafts known to have been 31, Derby, United Kingdom, DE24 8BJ; repaired. However, the history of some shafts comments to an address listed under the phone: 011–44–1332–242424; fax: 011– has not been determined and the ADDRESSES section. Include the docket 44–1332–249936; email: http:// unauthorised repairs may not have been number FAA–2019–0338 and Product www.rolls-royce.com/contact/civil_ confirmed. To address all the shafts that have Identifier 2019–NE–10–AD at the team.jsp; internet: https:// possibly been subject to the unauthorised beginning of your comments. The FAA www.aeromanager.com. You may view repairs, RR issued the NMSB to provide specifically invites comments on the this service information at the FAA, instructions to reduce the life of the affected overall regulatory, economic, Engine and Propeller Standards Branch, shafts. environmental, and energy aspects of 1200 District Avenue, Burlington, MA You may obtain further information this final rule. The FAA will consider 01803. For information on the by examining the MCAI in the AD all comments received by the closing availability of this material at the FAA, docket on the internet at http:// date and may amend this final rule call 781–238–7759. It is also available www.regulations.gov by searching for because of those comments. on the internet at http:// and locating Docket No. FAA–2019– The FAA will post all comments www.regulations.gov by searching for 0338. received, without change, to http:// and locating Docket No. FAA–2019– www.regulations.gov, including any 0338. Related Service Information personal information you provide. The FAA will also post a report Examining the AD Docket The FAA reviewed Rolls-Royce Alert Non-Modification Service Bulletin summarizing each substantive verbal You may examine the AD docket on (NMSB) No. RB.211–72–AJ985, Initial contact received about this final rule. the internet at http:// Issue, dated April 17, 2018. The NMSB Regulatory Flexibility Act www.regulations.gov by searching for reduces the current declared cyclic life and locating Docket No. FAA–2019– for the affected LPC shafts. The requirements of the Regulatory 0338; or in person at Docket Operations Flexibility Act (RFA) do not apply when between 9 a.m. and 5 p.m., Monday FAA’s Determination an agency finds good cause pursuant to through Friday, except Federal holidays. This product has been approved by 5 U.S.C. 553 to adopt a rule without The AD docket contains this final rule, EASA and is approved for operation in prior notice and comment. Because FAA the mandatory continuing airworthiness the United States. Pursuant to our has determined that it has good cause to information (MCAI), the regulatory bilateral agreement with the European adopt this rule without notice and evaluation, any comments received, and Community, EASA has notified us of comment, RFA analysis is not required. other information. The street address for the unsafe condition described in the Costs of Compliance Docket Operations is listed above. MCAI and service information Comments will be available in the AD referenced above. The FAA is issuing The FAA estimates that this AD docket shortly after receipt. this AD because we evaluated all the affects 0 engines installed on airplanes FOR FURTHER INFORMATION CONTACT: relevant information provided by EASA of U.S. registry. Eugene Triozzi, Aerospace Engineer, and determined the unsafe condition The FAA estimates the following ECO Branch, FAA, 1200 District described previously is likely to exist or costs to comply with this AD:

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ESTIMATED COSTS

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

Replace LPT shaft ...... 0 work-hours × $85 per hour = $0 ...... $113,524 $113,524 $0

Authority for This Rulemaking List of Subjects in 14 CFR Part 39 later, remove LPC shaft, part number (P/N) UL24833, with serial numbers (S/Ns) Air transportation, Aircraft, Aviation Title 49 of the United States Code PATH3113; PATH3121; PAVN1765, safety, Incorporation by reference, specifies the FAA’s authority to issue PAVN1853, PAVN2152, PAVN2157, Safety. rules on aviation safety. Subtitle I, PAVN2259, PAVN2636, PAVN2991, or section 106, describes the authority of Adoption of the Amendment PAVN2992. the FAA Administrator. ‘‘Subtitle VII: Accordingly, under the authority (h) Installation Prohibition Aviation Programs,’’ describes in more delegated to me by the Administrator, After the effective date of this AD, do not detail the scope of the Agency’s the FAA amends 14 CFR part 39 as authority. install an LPC shaft, P/N UL24833 and with follows: S/Ns PATH3113; PATH3121; PAVN1765, The FAA is issuing this rulemaking PAVN1853, PAVN2152, PAVN2157, under the authority described in PART 39—AIRWORTHINESS DIRECTIVES PAVN2259, PAVN2636, PAVN2991, or Subtitle VII, Part A, Subpart III, Section PAVN2992, with 10,500 FCs since new, or 44701: ‘‘General requirements.’’ Under ■ 1. The authority citation for part 39 greater, on any engine. that section, Congress charges the FAA continues to read as follows: with promoting safe flight of civil (i) Alternative Methods of Compliance aircraft in air commerce by prescribing Authority: 49 U.S.C. 106(g), 40113, 44701. (AMOCs) (1) The Manager, ECO Branch, FAA, has regulations for practices, methods, and § 39.13 [Amended] procedures the Administrator finds the authority to approve AMOCs for this AD, ■ necessary for safety in air commerce. 2. The FAA amends § 39.13 by adding if requested using the procedures found in 14 This regulation is within the scope of the following new airworthiness CFR 39.19. In accordance with 14 CFR 39.19, that authority because it addresses an directive (AD): send your request to your principal inspector unsafe condition that is likely to exist or 2019–11–07 Rolls-Royce plc: Amendment or local Flight Standards District Office, as develop on products identified in this 39–19653; Docket No. FAA–2019–0338; appropriate. If sending information directly rulemaking action. Product Identifier 2019–NE–10–AD. to the manager of the certification office, send it to the attention of the person (a) Effective Date This AD is issued in accordance with identified in paragraph (j)(1) of this AD. You authority delegated by the Executive This AD is effective June 28, 2019. may email your request to: ANE-AD-AMOC@ Director, Aircraft Certification Service, (b) Affected ADs faa.gov. as authorized by FAA Order 8000.51C. None. (2) Before using any approved AMOC, In accordance with that order, issuance notify your appropriate principal inspector, of ADs is normally a function of the (c) Applicability or lacking a principal inspector, the manager Compliance and Airworthiness This AD applies to all Rolls-Royce plc (RR) of the local flight standards district office/ Division, but during this transition RB211–524G2–19, RB211–524G2–T–19, certificate holding district office. period, the Executive Director has RB211–524G3–19, RB211–524G3–T–19, (j) Related Information delegated the authority to issue ADs RB211–524H2–19, RB211–524H2–T–19, RB211–524H–36 and RB211–524H–T–36 (1) For more information about this AD, applicable to engines, propellers, and engines. associated appliances to the Manager, contact Eugene Triozzi, Aerospace Engineer, Engine and Propeller Standards Branch, (d) Subject ECO Branch, FAA, 1200 District Avenue, Policy and Innovation Division. Joint Aircraft System Component (JASC) Burlington, MA 01803; phone: 781–238– Code 7230, Turbine Engine Compressor 7148; fax: 781–238–7199; email: Regulatory Findings Section. [email protected]. (2) Refer to European Union Aviation (e) Unsafe Condition This AD will not have federalism Safety Agency (EASA) AD 2018–0157, dated implications under Executive Order This AD was prompted by unauthorized July 24, 2018, for more information. You may 13132. This AD will not have a repairs to the affected low-pressure examine the EASA AD in the AD docket on compressor (LPC) shafts that reduced their substantial direct effect on the States, on the internet at http://www.regulations.gov by expected life. The FAA is issuing this AD to the relationship between the national searching for and locating it in Docket No. government and the States, or on the prevent failure of the LPC shaft. The unsafe condition, if not addressed, could result in FAA–2019–0338. distribution of power and uncontained release of the LPC shaft, damage (k) Material Incorporated by Reference responsibilities among the various to the engine, and damage to the airplane. levels of government. None. (f) Compliance For the reasons discussed above, the Issued in Burlington, Massachusetts, on Comply with this AD within the FAA certifies this AD: June 6, 2019. compliance times specified, unless already (1) Is not a ‘‘significant regulatory done. Robert J. Ganley, Manager, Engine and Propeller Standards action’’ under Executive Order 12866, (g) Required Actions and Branch, Aircraft Certification Service. Within 30 days from the effective date of [FR Doc. 2019–12461 Filed 6–12–19; 8:45 am] (2) Will not affect intrastate aviation this AD or before exceeding 10,500 flight in Alaska. cycles (FCs) since new, whichever occurs BILLING CODE 4910–13–P

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DEPARTMENT OF TRANSPORTATION internet: http://fleetcare.pw.utc.com. describes procedures for replacing the You may view this service information IDG oil pump drive gearshaft assembly Federal Aviation Administration at the FAA, Engine and Propeller in the MGB assembly. PW SB Standards Branch, 1200 District PW1000G–C–73–00–0037–00A–930A– 14 CFR Part 39 Avenue, Burlington, MA 01803. For D, Original Issue, dated May 28, 2019, [Docket No. FAA–2019–0393; Product information on the availability of this describes procedures for replacing the Identifier 2019–NE–14–AD; Amendment 39– material at the FAA, call 781–238–7759. EEC software to incorporate FCS 5.0 19654; AD 2019–11–08] It is also available on the internet at software. http://www.regulations.gov by searching RIN 2120–AA64 for and locating Docket No. FAA–2019– FAA’s Determination The FAA is issuing this AD because Airworthiness Directives; International 0393. it evaluated all the relevant information Aero Engines Turbofan Engines Examining the AD Docket and determined the unsafe condition AGENCY: Federal Aviation You may examine the AD docket on described previously is likely to exist or Administration (FAA), DOT. the internet at http:// develop in other products of the same www.regulations.gov by searching for ACTION: Final rule; request for type design. and locating Docket No. FAA–2019– comments. 0393; or in person at Docket Operations AD Requirements SUMMARY: The FAA is adopting a new between 9 a.m. and 5 p.m., Monday This AD requires the removal of the airworthiness directive (AD) for all through Friday, except Federal holidays. MGB assembly and EEC software and International Aero Engines, LLC (IAE) The AD docket contains this final rule, the installation parts and software PW1133G–JM, PW1133GA–JM, the regulatory evaluation, any versions eligible for installation. comments received, and other PW1130G–JM, PW1129G–JM, Interim Action PW1127G–JM, PW1127GA–JM, information. The street address for the PW1127G1–JM, PW1124G–JM, Docket Operations is listed above. These actions are interim actions, and PW1124G1–JM, and PW1122G–JM Comments will be available in the AD the FAA may do additional rulemaking model turbofan engines. This AD docket shortly after receipt. in the future for removal and requires the removal of the main FOR FURTHER INFORMATION CONTACT: replacement of the MGB assembly on gearbox (MGB) assembly and electronic Kevin M. Clark, Aerospace Engineer, the engines that do not operate on 180- engine control (EEC) software and the ECO Branch, FAA, 1200 District minute or 120-minute extended installation of a part and software Avenue, Burlington, MA 01803; phone: operations (ETOPS) flights. version eligible for installation. This AD 781–238–7088; fax: 781–238–7199; FAA’s Justification and Determination was prompted by multiple reports of in- email: [email protected]. of the Effective Date flight engine shutdowns (IFSDs) as the SUPPLEMENTARY INFORMATION: An unsafe condition exists that result of high-cycle fatigue causing Discussion requires the immediate adoption of this fracture of certain parts of the MGB AD without providing an opportunity assembly. The FAA is issuing this AD The FAA learned of 13 IFSD events for public comments prior to adoption. to address the unsafe condition on these on certain IAE PW1100G–JM model The FAA has found that the risk to the products. turbofan engines beginning in October, 2018. After further analysis, IAE flying public justifies waiving notice DATES: This AD is effective June 28, determined that the integrated drive and comment prior to adoption of this 2019. generator (IDG) oil pump drive gearshaft rule. Multiple IAE PW1100G–JM model The FAA must receive comments on assembly in the MGB assembly turbofan engines experienced MGB this AD by July 29, 2019. fractured during engine operation as a assembly failures recently, which ADDRESSES: You may send comments, result of high-cycle fatigue. In response, resulted in IFSDs. The MGB assemblies using the procedures found in 14 CFR IAE subsequently redesigned the IDG oil must be removed for ETOPS operators 11.43 and 11.45, by any of the following pump drive gearshaft assembly in the within 90 or 120 days after the effective methods: MGB assembly with an axially thicker date of this AD, depending on the length • Federal eRulemaking Portal: Go to gear web, a radially thicker gear rim, of the operator’s ETOPS flights, to http://www.regulations.gov. Follow the and an improved tooth tip relief to ensure the MGB assemblies are replaced instructions for submitting comments. improve MGB assembly durability and before fractures develop that could • Fax: 202–493–2251. reliability. IAE also redesigned the EEC result in the failure of both MGB • Mail: U.S. Department of software to restrict engine operation to assemblies and a dual IFSD event. Transportation, Docket Operations, certain parameters. This condition, if Therefore, the FAA finds good cause M–30, West Building Ground Floor, not addressed, could result in failure of that notice and opportunity for prior Room W12–140, 1200 New Jersey one or more engines, loss of thrust public comment are impracticable. In Avenue SE, Washington, DC 20590. control, and loss of the airplane. The addition, for the reason stated above, the • Hand Delivery: U.S. Department of FAA is issuing this AD to address the FAA finds that good cause exists for Transportation, Docket Operations, unsafe condition on these products. making this amendment effective in less M–30, West Building Ground Floor, than 30 days. Room W12–140, 1200 New Jersey Related Service Information Avenue SE, Washington, DC 20590, The FAA reviewed PW Service Comments Invited between 9 a.m. and 5 p.m., Monday Bulletin (SB) PW1000G–C–72–00–0129– This AD is a final rule that involves through Friday, except Federal holidays. 00A–930A–D, Original Issue, dated requirements affecting flight safety and For service information identified in April 18, 2019, and PW SB PW1000G– was not preceded by notice and an this final rule, contact International C–73–00–0037–00A–930A–D, Original opportunity for public comment. Aero Engines, LLC, 400 Main Street, Issue, dated May 28, 2019. PW SB However, the FAA invites you to send East Hartford, CT 06118; phone: 800– PW1000G–C–72–00–0129–00A–930A– any written data, views, or arguments 565–0140; email: [email protected]; D, Original Issue, dated April 18, 2019, about this final rule. Send your

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comments to an address listed under the The FAA will post all comments prior notice and comment. Because the ADDRESSES section. Include the docket received, without change, to http:// FAA has determined that it has good number FAA–2019–0393 and Product www.regulations.gov, including any cause to adopt this rule without notice Identifier 2019–NE–14–AD at the personal information you provide. The and comment, RFA analysis is not beginning of your comments. The FAA FAA will also post a report required. specifically invites comments on the summarizing each substantive verbal Costs of Compliance overall regulatory, economic, contact received about this final rule. environmental, and energy aspects of Regulatory Flexibility Act The FAA estimates that this AD this final rule. The FAA will consider The requirements of the Regulatory affects 72 engines installed on airplanes all comments received by the closing Flexibility Act (RFA) do not apply when of U.S. registry. date and may amend this final rule an agency finds good cause pursuant to The FAA estimates the following because of those comments. 5 U.S.C. 553 to adopt a rule without costs to comply with this AD:

ESTIMATED COSTS

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

Replace the MGB assembly ...... 13 work-hours × $85 per hour = $1,105 ...... $75,000 $76,105 $5,479,560 Replace the EEC software ...... 3 work-hours × $85 per hour = $255 ...... 0 255 18,360

Authority for This Rulemaking distribution of power and JM, PW1127G–JM, PW1127GA–JM, PW1127G1–JM, PW1124G–JM, PW1124G1– Title 49 of the United States Code responsibilities among the various levels of government. JM, and PW1122G–JM model turbofan specifies the FAA’s authority to issue engines. rules on aviation safety. Subtitle I, For the reasons discussed above, I section 106, describes the authority of certify that this AD: (d) Subject the FAA Administrator. ‘‘Subtitle VII: (1) Is not a ‘‘significant regulatory Joint Aircraft System Component (JASC) Aviation Programs’’ describes in more action’’ under Executive Order 12866, Code 7260, Turbine Engine Accessory Drive. detail the scope of the Agency’s and (2) Will not affect intrastate aviation (e) Unsafe Condition authority. in Alaska. This AD was prompted by multiple reports The FAA is issuing this rulemaking of in-flight engine shutdowns as the result of under the authority described in List of Subjects in 14 CFR Part 39 high-cycle fatigue causing fracture of certain Subtitle VII, Part A, Subpart III, Section parts of the main gearbox (MGB) assembly. Air transportation, Aircraft, Aviation 44701: ‘‘General requirements.’’ Under The FAA is issuing this AD to prevent failure safety, Incorporation by reference, that section, Congress charges the FAA of the MGB assembly. The unsafe condition, Safety. with promoting safe flight of civil if not addressed, could result in failure of one aircraft in air commerce by prescribing Adoption of the Amendment or more engines, loss of thrust control, and loss of the airplane. regulations for practices, methods, and Accordingly, under the authority (f) Compliance procedures the Administrator finds delegated to me by the Administrator, necessary for safety in air commerce. the FAA amends 14 CFR part 39 as Comply with this AD within the This regulation is within the scope of follows: compliance times specified, unless already that authority because it addresses an done. unsafe condition that is likely to exist or PART 39—AIRWORTHINESS (g) Required Actions develop on products identified in this DIRECTIVES (1) Remove the MGB assembly, part rulemaking action. number (P/N) 5322505, and install a part ■ This AD is issued in accordance with 1. The authority citation for part 39 eligible for installation as follows: authority delegated by the Executive continues to read as follows: (i) For engines that operate on 180-minute Director, Aircraft Certification Service, Authority: 49 U.S.C. 106(g), 40113, 44701. extended operations (ETOPS) flights, within as authorized by FAA Order 8000.51C. 90 days from the effective date of this AD; In accordance with that order, issuance § 39.13 [Amended] (ii) For engines that operate on 120-minute of ADs is normally a function of the ■ ETOPS flights, within 120 days from the 2. The FAA amends § 39.13 by adding effective date of this AD. Compliance and Airworthiness the following new airworthiness Division, but during this transition (2) For engines with MGB assembly P/N directive (AD): 5322505, within 120 days from the effective period, the Executive Director has date of this AD, remove electronic engine delegated the authority to issue ADs 2019–11–08 International Aero Engines: Amendment 39–19654; Docket No. control (EEC) software earlier than FCS 5.0 applicable to engines, propellers, and FAA–2019–0393; Product Identifier from the engine and load EEC software that associated appliances to the Manager, 2019–NE–14–AD. is eligible for installation. Engine and Propeller Standards Branch, (h) Installation Prohibition Policy and Innovation Division. (a) Effective Date This AD is effective June 28, 2019. (1) After the effective date of this AD, do Regulatory Findings not install integrated drive generator (IDG) oil (b) Affected ADs This AD will not have federalism pump drive gearshaft assembly, P/N None. 5322630–01, into an MGB assembly. implications under Executive Order (2) After the effective date of this AD, do 13132. This AD will not have a (c) Applicability not load EEC software earlier than FCS 5.0 substantial direct effect on the States, on This AD applies to all International Aero on any engine identified in paragraph (c) of the relationship between the national Engines, LLC (IAE) PW1133G–JM, this AD with an MGB assembly, P/N government and the States, or on the PW1133GA–JM, PW1130G–JM, PW1129G– 5322505.

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(i) Definitions regulation under section 642(c) to apply to the donor’s receipt of consideration, (1) For the purpose of this AD, a ‘‘part similar rules to payments made by a and stated that the ‘‘sine qua non of a eligible for installation’’ is an MGB assembly trust or decedent’s estate. charitable contribution is a transfer of with an IDG oil pump drive gearshaft DATES: money or property without adequate assembly other than P/N 5322630–01. Effective date: These regulations are consideration.’’ Id. at 118. The Court (2) For the purpose of this AD, ‘‘EEC effective August 12, 2019. concluded that ‘‘[a] payment of money software that is eligible for installation’’ is generally cannot constitute a charitable EEC software FCS 5.0 and later. Applicability dates: For dates of applicability, see § 1.170A–1(h)(3)(viii) contribution if the contributor expects a (j) Alternative Methods of Compliance and § 1.642(c)–3(g)(2). substantial benefit in return,’’ (id. at (AMOCs) FOR FURTHER INFORMATION CONTACT: Mon 116), (hereinafter referred to as the (1) The Manager, ECO Branch, FAA, has L. Lam or Richard C. Gano IV at (202) ‘‘quid pro quo principle’’). The Court the authority to approve AMOCs for this AD, 317–4059 (not a toll-free number). recognized that some payments may if requested using the procedures found in 14 SUPPLEMENTARY INFORMATION: have a ‘‘dual character’’—part charitable CFR 39.19. In accordance with 14 CFR 39.19, contribution and part return benefit. Id. send your request to your principal inspector Background or local Flight Standards District Office, as at 117. The Court reasoned that in dual appropriate. If sending information directly Section 170(a)(1) generally allows an character cases ‘‘it would not serve the to the manager of the certification office, itemized deduction for any ‘‘charitable purposes of section 170 to deny a send it to the attention of the person contribution’’ paid within the taxable deduction altogether’’; therefore, a identified in paragraph (k) of this AD. You year. Section 170(c) defines ‘‘charitable charitable deduction is allowed, but may email your request to: ANE-AD-AMOC@ contribution’’ as a ‘‘contribution or gift only to the extent the amount donated faa.gov. to or for the use of’’ any entity described or the fair market value of the property (2) Before using any approved AMOC, transferred by the taxpayer exceeds the notify your appropriate principal inspector, in that section. Under section 170(c)(1), or lacking a principal inspector, the manager such an entity includes a State, a fair market value of the benefit received of the local flight standards district office/ possession of the United States, or any in return, and only if the excess amount certificate holding district office. political subdivision of the foregoing, or was transferred with the intent of making a gift. Id. See also Hernandez v. (k) Related Information the District of Columbia. Entities described in section 170(c)(2) include Commissioner, 490 U.S. 680, 690 (1989) For more information about this AD, (stating that Congress intended to contact Kevin M. Clark, Aerospace Engineer, certain corporations, trusts, or community chests, funds, or differentiate between unrequited ECO Branch, FAA, 1200 District Avenue, payments and payments made in return Burlington, MA 01803; phone: 781–238– foundations, organized and operated 7088; fax: 781–238–7199; email: exclusively for religious, charitable, for goods or services). Because this [email protected]. scientific, literary, or educational inquiry focuses on the donor’s expectation of a benefit, it does not (l) Material Incorporated by Reference purposes, or to foster national or international amateur sports matter whether the donor expects the None. competition, or for the prevention of benefit from the recipient of the Issued in Burlington, Massachusetts, on cruelty to children or animals. payment or transfer, or from a third June 6, 2019. To be deductible as a charitable party. See, for example, Singer Co. v. Robert J. Ganley, contribution under section 170, a United States, 449 F.2d 413, 422–23 (Ct. Manager, Engine & Propeller Standards transfer to an entity described in section Cl. 1971); cited with approval in Branch, Aircraft Certification Service. 170(c) must be a contribution or gift. A American Bar Endowment, 477 U.S. at [FR Doc. 2019–12360 Filed 6–12–19; 8:45 am] contribution or gift for this purpose is a 116–17. BILLING CODE 4910–13–P voluntary transfer of money or property In Hernandez, 490 U.S. at 690–91, the without the receipt of adequate Supreme Court reaffirmed the quid pro consideration, made with charitable quo standard articulated in American DEPARTMENT OF THE TREASURY intent. In Rev. Rul. 67–246, 1967–2 C.B. Bar Endowment. Specifically, the Court 104, the Internal Revenue Service (IRS) held that payments to a charity that Internal Revenue Service addressed the taxpayer’s burden of entitled the taxpayers to receive an proof for establishing charitable intent identifiable benefit in return for their 26 CFR Part 1 when the taxpayer receives a privilege money were part of a ‘‘quintessential quid pro quo exchange,’’ and thus, were [TD 9864] or benefit in conjunction with its contribution. In this revenue ruling, the not contributions or gifts within the RIN 1545–BO89 IRS set out a two-part test for meaning of section 170. Id. at 691. In determining whether the taxpayer is making this determination, the Court Contributions in Exchange for State or entitled to a charitable contribution noted the importance of examining the Local Tax Credits deduction under these circumstances. ‘‘external features of a transaction,’’ AGENCY: Internal Revenue Service (IRS), First, the taxpayer has the burden of thereby ‘‘obviating the need for the IRS Treasury. proving that its payment to the charity to conduct imprecise inquiries into the ACTION: Final regulations. exceeds the market value of the motivations of individual taxpayers.’’ privileges or other benefits received. Id. at 690–91. Thus, both American Bar SUMMARY: This document contains a Second, the taxpayer must show that it Endowment and Hernandez indicate final regulation under section 170 of the paid the excess with the intention of that objective considerations guide the Internal Revenue Code (Code). The final making a gift. determination of whether the taxpayer regulation provides rules governing the In United States v. American Bar purposely contributed money or availability of charitable contribution Endowment, 477 U.S. 105, 116–18 property in excess of the value of any deductions under section 170 when a (1986), the Supreme Court elaborated on benefit received in return. In addition, taxpayer receives or expects to receive the test set out in Rev. Rul. 67–246. The these cases continue to recognize the a corresponding state or local tax credit. Court interpreted the phrase ‘‘charitable requirement that the taxpayer have This document also provides a final contribution’’ in section 170 as it relates charitable intent. See American Bar

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Endowment, 477 U.S. at 118; exchange for a state tax credit, without inspection at www.regulations.gov or Hernandez, 490 U.S. at 691. subtracting the value of the credit upon request. The comments and Section 164 generally allows an received in return. See CCA 201105010 revisions are discussed generally in this itemized deduction for the payment of (Oct. 27, 2010) (‘‘the 2010 CCA’’). IRS preamble. After considering the certain taxes, including state and local, Chief Counsel has also taken the comments received and the concerns and foreign, real property taxes; state position in Tax Court litigation that the expressed at the public hearing, the and local personal property taxes; and amount of a state or local tax credit that Treasury Department and the IRS adopt state and local, and foreign, income, war reduces a tax liability is not an the proposed regulations with certain profits, and excess profits taxes. Section accession to wealth includible in revisions explained subsequently. 164(b)(6), as added by section 11042 of income under section 61 or an amount Additionally, in response to concerns ‘‘An Act to provide for reconciliation realized for purposes of section 1001. In raised in comments, the Treasury pursuant to titles II and V of the these cases, the Tax Court agreed with Department and the IRS have issued concurrent resolution on the budget for the Chief Counsel’s position. See, for other guidance providing safe harbors fiscal year 2018’’ (‘‘the Act’’), Public example, Maines v. Commissioner, 144 on certain issues. On December 28, Law 115–97, limits an individual’s T.C. 123, 134 (2015); Tempel v. 2018, the Treasury Department and the deduction for the aggregate amount of Commissioner, 136 T.C. 341, 351–54 IRS issued Rev. Proc. 2019–12, 2019–04 state and local taxes paid during the (2011); aff’d sub nom. Esgar Corp. v. I.R.B. 401, providing a safe harbor under calendar year to $10,000 ($5,000 in the Commissioner, 744 F.3d 648 (10th Cir. section 162 for certain payments made case of a married individual filing a 2014). by a C corporation or specified separate return). This limitation applies Upon reviewing the authorities under passthrough entity to or for the use of to taxable years beginning after section 170, the Treasury Department an organization described in section December 31, 2017, and before January and the IRS questioned the reasoning of 170(c) if the C corporation or specified 1, 2026. This limitation does not apply the 2010 CCA. On June 11, 2018, the passthrough entity receives or expects to to foreign taxes described in section Treasury Department and the IRS issued receive a state or local tax credit in 164(a)(3) or to any taxes described in Notice 2018–54, 2018–24 I.R.B. 750, return for such payment. On June 11, section 164(a)(1) and (2) that are paid announcing the intention to propose 2019, the Treasury Department and the and incurred in carrying on a trade or regulations addressing the federal IRS will have issued Notice 2019–12, business or an activity described in income tax treatment of contributions 2019–27 I.R.B., providing a safe harbor section 212. pursuant to state and local tax credit for payments made by certain In response to the new limitation programs. On August 27, 2018, the individuals. Under the safe harbor, an under section 164(b)(6), some taxpayers proposed regulations (REG–112176–18) individual who itemizes deductions and are seeking to pursue tax planning were published in the Federal Register makes a payment to a section 170(c) strategies with the goal of avoiding or (83 FR 43563). entity in return for a state or local tax mitigating the limitation. These The proposed regulations generally credit may treat the portion of such strategies rely on state and local tax stated that if a taxpayer makes a payment that is or will be disallowed as credit programs under which states payment or transfers property to or for a charitable contribution deduction provide tax credits in return for the use of an entity listed in section under section 170 as a payment of state contributions by taxpayers to or for the 170(c), and the taxpayer receives or or local tax for purposes of section 164. use of certain entities described in expects to receive a state or local tax This disallowed portion of the payment section 170(c). The use of state or local credit in return for such payment, the may be treated as a payment of state or tax credits to incentivize charitable tax credit constitutes a return benefit, or local tax under section 164 when and to giving has become increasingly common quid pro quo, to the taxpayer and the extent an individual applies the over the past 20 years. Moreover, since reduces the taxpayer’s charitable state or local tax credit to offset the the enactment of the limitation under contribution deduction. The proposed individual’s state or local tax liability. section 164(b)(6), states and local regulations included a separate rule for Notice 2019–12 requests comments for governments have created additional state and local tax deductions, purposes of incorporating the safe programs intended to work around the providing that they do not constitute a harbor into anticipated proposed new limitation on the deduction of state quid pro quo unless they exceed the regulations under section 164. In and local taxes. amount of the donor’s payment or general, the Treasury Department and The new limitation, and the resulting transfer. The proposed regulations also efforts by states and taxpayers to devise included an exception under which a the IRS will continue to consider alternate means for deducting the state or local tax credit is not treated as comments and provide additional disallowed portion of their state and a quid pro quo if the credit does not guidance in this area as needed. local taxes, has generated increased exceed 15 percent of the taxpayer’s Explanation of Provisions and interest in the question of whether a payment or 15 percent of the fair market Summary of Comments state or local tax credit should be treated value of the property transferred by the as a return benefit—a quid pro quo— taxpayer. Finally, the proposed Explanation of Provisions when received in return for making a regulations would amend § 1.642(c)–3 to The final regulations generally retain payment or transfer to an entity provide similar rules for payments made the proposed amendments set forth in described in section 170(c). The for a purpose specified in section 170(c) the proposed regulations, with certain Treasury Department and the IRS did by a trust or decedent’s estate. clarifying and technical changes. First, not publish formal guidance on this The Treasury Department and the IRS the final regulations retain the general question before the enactment of the received over 7,700 comments rule that if a taxpayer makes a payment limitation under section 164(b)(6). In responding to the proposed regulations or transfers property to or for the use of 2010, however, the IRS Chief Counsel and 25 requests to speak at the public an entity described in section 170(c), advised that, under certain hearing, which was held on November and the taxpayer receives or expects to circumstances, a taxpayer may take a 5, 2018. Copies of written comments receive a state or local tax credit in deduction under section 170 for the full received and the list of speakers at the return for such payment, the tax credit amount of a contribution made in public hearing are available for public constitutes a return benefit to the

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taxpayer, or quid pro quo, reducing the characterized state and local tax credit exchange for a contribution. The final taxpayer’s charitable contribution programs as tax shelters and explained regulations are consistent with deduction. how taxpayers could use the programs longstanding principles under section Second, the Treasury Department and to generate profits. A substantial 170 and sound tax policy. Therefore, the the IRS have concluded that state tax number of commenters expressed regulations are issued under section credits and state tax deductions should concerns regarding the effect of these 170, and not section 164. be treated differently in light of policy programs on public functions, including 3. Treatment of State and Local Tax and tax administration considerations public education. Many commenters Credits as Return Benefits identified in the preamble of the stated that the proposed regulations proposed regulations. Accordingly, the apply section 170 fairly. Many Commenters expressed differing final regulations retain the rule that a commenters noted that the proposed views of the proposed regulation’s taxpayer generally is not required to regulations applied to donations to requirement that a taxpayer reduce the reduce its charitable contribution organizations fulfilling both private and taxpayer’s charitable contribution deduction on account of its receipt of public purposes and applied to tax deduction under section 170 by the total state or local tax deductions. However, credit programs created both before and amount of state and local tax credits the final regulations also retain the after the enactment of the Act. Some received or expected to be received. exception to this rule for excess state or commenters stated that state tax credit Many commenters agreed with the local tax deductions. Specifically, the programs are unfair to individuals who Treasury Department and the IRS that taxpayer must reduce its charitable cannot afford to make the contributions the quid pro quo principle should be contribution deduction if it receives or and receive the benefit of the credits. applied to the receipt or expectation of expects to receive state or local tax Some commenters generally supported receipt of state and local tax credits. deductions in excess of the taxpayer’s the proposed regulations, but provided However, some commenters questioned payment or the fair market value of more substantive comments regarding the application and effect of the quid property transferred by the taxpayer. additional issues posed by the proposed pro quo principle under section 170 and Third, the final regulations retain the regulations and requested additional the tax consequences of such 15-percent exception, under which a guidance on those issues, either when application. taxpayer may disregard state and local finalizing the proposed regulations or in The Treasury Department and the IRS tax credits as a return benefit where other guidance. have determined that it is appropriate to such credits do not exceed 15 percent of apply longstanding principles under 2. Section 170 Regulations in Response section 170 that require a taxpayer to the taxpayer’s payment. However, the to a Section 164 Amendment reduce the amount treated as a final regulations clarify that this 15- charitable contribution by the value of percent exception applies only if the Many commenters wrote that it was the return benefit received. As sum of the taxpayer’s state and local tax improper for the Treasury Department discussed earlier in this preamble and credits received, or expected to be and the IRS to issue regulations under in the preamble of the proposed received, does not exceed 15 percent of section 170 in response to the regulations, the final regulations are the taxpayer’s payment or 15 percent of enactment of section 164(b)(6). Commenters stated that any regulations consistent with the principle that a the fair market value of the property must be issued under section 164 ‘‘payment of money generally cannot transferred by the taxpayer. constitute a charitable contribution if Fourth, the final regulations reflect because an amendment to section 164 is the contributor expects a substantial the correction of a typographical error in driving the regulatory change. The limitation under section 164(b)(6) benefit in return.’’ American Bar § 1.170A–1(h)(3)(i) of the proposed is the impetus for the Treasury Endowment, 477 U.S. at 116. While the regulations. The introductory clause Department’s and the IRS’s Supreme Court has not addressed the should refer to the 15-percent exception consideration of the tax treatment of specific issue of contributions in set forth in paragraph (h)(3)(vi), not contributions made in exchange for state exchange for state or local tax credits, paragraph (h)(3)(v). In addition, the final and local tax credits. Prior to the the final regulations are a reasonable regulations clarify the terms used to enactment of that limitation, the proper interpretation of section 170 that describe entities that may receive treatment of such contributions was of accords with the logic of American Bar charitable contributions under section limited significance from a federal Endowment and Hernandez. The final 170(c). Specifically, the final regulations revenue perspective and tax regulations are also supported by refer to entities ‘‘described’’ in section administration perspective and was important tax policy considerations, 170(c), rather than entities ‘‘listed’’ therefore never addressed in formal including the need to prevent revenue under section 170(c). guidance. Upon careful review of the Finally, the final regulations include loss from the erosion of the limitation issue, the Treasury Department and the under section 164(b)(6). Thus, the final the proposed amendments to § 1.642(c)– IRS have determined that longstanding 3 providing that the final rules under regulations adopt the rule that the principles under section 170 should amount otherwise deductible as a § 1.170A–1(h)(3) apply to payments guide the tax treatment of these made by a trust or decedent’s estate in charitable contribution under section contributions. Section 170 provides a 170 must generally be reduced by the determining its charitable contribution deduction for taxpayers’ gratuitous deduction under section 642(c). total amount of state and local tax payments to qualifying entities, not for credits received or expected to be Summary of Comments transfers that result in receipt of received. valuable economic benefits. In applying 1. Comments in Support of the Proposed section 170 and the quid pro quo a. Prior Chief Counsel Advice Regulations principle, the Treasury Department and Memoranda and Case Law Approximately 70 percent of the IRS do not believe it is appropriate Many commenters noted that the commenters recommended that the to categorically exempt state or local tax proposed regulations reflect a change in Treasury Department and the IRS benefits from the normal rules that the IRS’s treatment of charitable finalize the proposed regulations apply to other benefits received or contributions that result in state or local without change. Some commenters expected to be received by a taxpayer in tax credits. The commenters pointed to

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several CCAs issued by IRS Chief Browning v. Commissioner, 109 T.C. 303 benefit); Pollard v. Commissioner, T.C. Counsel from 2002 to 2010. See, for (1997). Furthermore, the analysis in the Memo. 2013–38 (holding that example, the 2010 CCA (addressing 2010 CCA assumed that after the petitioner’s granting of conservation contributions of money or property to taxpayer applied the state or local tax easements to the county was part of a governments or charitable entities under credit to reduce the taxpayer’s state or quid pro quo exchange for the county’s several state tax credit programs); CCA local tax liability, the taxpayer would approval of the taxpayer’s subdivision 200435001 (July 28, 2004) (reviewing a receive a smaller deduction for state and exemption request, a substantial benefit program issuing state tax credits in local taxes under section 164. With the to the taxpayer. return for contributions to certain child enactment of section 164(b)(6), that This treatment is consistent not only care organizations); CCA 200238041 assumption no longer holds true for the with the purpose of section 170, but also (July 24, 2002) (considering a program vast majority of taxpayers. The changes with the section 164(b)(6) limitation. If issuing tax credits in return for the in the tax laws reduce the number of the Treasury Department and the IRS transfer of conservation easements). The taxpayers who will itemize deductions, were to allow taxpayers to claim a full preamble to the proposed regulations and for taxpayers who itemize and have charitable contribution deduction for noted that, in each of these CCAs, IRS state and local tax liabilities above the contributions made in exchange for state Chief Counsel recognized the new limitation, the use of the tax credit tax credits, this treatment would result complexity of the federal tax law issues would not reduce the deduction for in significant federal tax revenue losses involving the tax treatment of the state and local taxes. that would undermine the limitation on the deduction for state and local taxes receipt or expectation of receipt of state In light of the section 164(b)(6) in section 164(b)(6). Such an approach tax credits, particularly where the tax limitation, the Treasury Department and would enable taxpayers to characterize credits are granted for transfers to the IRS have specifically considered the payments as fully deductible charitable section 170(c) entities. The preamble application of the quid pro quo contributions for federal income tax also noted that two of the CCAs principle to state and local tax credit purposes, while using the same declined to provide specific guidance programs. After careful consideration of payments to satisfy their state tax on the availability of the charitable comments submitted in response to the liabilities. As a result, the final contribution deduction, and suggested proposed regulations, the Treasury regulations reject the 2010 CCA’s the issuance of formal guidance to Department and the IRS have address this question. Although CCAs conclusion that the contribution determined that it is appropriate to treat deduction does not need to be reduced are released to the public under section the receipt or the expectation of receipt 6110, they are not official rulings or by the value of the state and local tax of state and local tax credits as return credit received or expected to be positions of the IRS, and cannot be cited benefits. As discussed previously in this as precedent. See sections 6110(b)(1)(A) received. preamble, the final regulations are Commenters also cited recent cases, and 6110(k)(3). supported by the Supreme Court’s such as Maines v. Commissioner and The Treasury Department and the IRS interpretation of the term ‘‘charitable Tempel v. Commissioner, to conclude acknowledge that the proposed and contribution’’ under section 170. In that the receipt of a state or local tax final regulations depart from the American Bar Endowment, 477 U.S. at credit is, for federal tax purposes, a conclusion of the 2010 CCA in 118, the Court stated that the ‘‘sine qua reduction or potential reduction in the important respects. As noted in the non of a charitable contribution is a taxpayer’s state or local tax liability and Background section of this preamble, transfer of money or property without not a payment includible in the the 2010 CCA concluded that a taxpayer adequate consideration’’—that is, taxpayer’s gross income. Maines, 144 may take a deduction under section 170 without the expectation of a quid pro T.C. at 134 (citing Randall v. for the full amount of a contribution quo. Thus, the Court held that a Loftsgaarden, 478 U.S. 647, 657 (1986)); made in exchange for a state tax credit, ‘‘payment of money generally cannot Tempel, 136 T.C. at 350; see also Rev. without subtracting the value of the constitute a charitable contribution if Rul. 79–315, 1979–2 C.B. 27 (Holding credit received in return. The 2010 CCA, the contributor expects a substantial (3) (amounts credited against unpaid tax however, failed to persuasively explain benefit in return.’’ Id. at 116. The is neither includible in taxpayer’s why state and local tax credits should Supreme Court reaffirmed this principle income nor deductible as a state income not count as return benefits for purposes in Hernandez, 490 U.S. at 690–91, and tax paid)). The analysis for determining of applying the quid pro quo principle. this principle has been consistently whether an item is included in gross The 2010 CCA cited cases in which applied by the courts in subsequent income is separate and distinct from the courts had found that a donor’s decisions. See, for example, Rolfs v. analysis for determining whether a subjective motivation to minimize taxes Commissioner, 135 T.C. 471 (2010), payment or transfer is a deductible is not a basis for disallowing a aff’d, 668 F.3d 888 (7th Cir. 2012) contribution under section 170. Section charitable deduction, but these cases (holding that taxpayers were not 61(a) provides that gross income ‘‘means did not specifically address whether the entitled to a charitable contribution all income from whatever source value of state or local tax credits should deduction for the donation of their lake derived’’ unless otherwise provided in be treated as a quid pro quo that reduces house because they did not show that Subtitle A, Income Taxes. In contrast, to the amount of the deduction. See the market value of the property they be deductible as a charitable McLennan v. United States, 24 Cl. Ct. donated exceeded the market value of contribution under section 170, a 102,106 n.8 (1991); Skripak v. the benefit (demolition services) they transfer to an entity described in section Commissioner, 84 T.C. 285, 319; Allen received in return); Triumph Mixed Use 170(c) must be a contribution or gift, v. Commissioner, 92 T.C. 1, 7 (1989). Investments III, LLC v. Commissioner, without the expectation or receipt of a The 2010 CCA also cited a case in T.C. Memo. 2018–65 (holding that value return benefit. Neither Maines nor which the value of a tax deduction was of real property and development Tempel addressed whether a taxpayer’s not treated as income under section 61, credits transferred by taxpayer to city in expectation or receipt of a state or local but that case did not address the return for development plan approvals tax credit may reduce a taxpayer’s application of the quid pro quo was not deductible under section 170 charitable contribution deduction under principle under section 170. See because taxpayer expected a return section 170, and therefore, these cases

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are not relevant for purposes of government entities. These commenters contribution may qualify as a charitable interpreting section 170. stated that by relying on the substance contribution, provided it meets all other Some commenters cited Arizona over form doctrine, the proposed requirements. Christian School Tuition Organization regulations could have been more easily Moreover, a substance over form v. Winn, 563 U.S. 125, 142–44 (2011), to tailored to address only those approach would not fully address support their position that the contributions paid to funds established concerns raised by commenters regulations should permit a full to assist taxpayers in avoiding the regarding state and local tax credit charitable contribution deduction when limitation on state and local tax programs. Such programs can be used to amounts are contributed to a charitable deductions. The commenters also stated generate tax benefits in excess of the organization, even if the donor receives that a focus on contributions to funds amount the taxpayer contributes to the tax credits in return. While that case established by state and local charitable organization, regardless of involved the types of contributions government entities would more whether the contribution is made to an affected by the proposed regulations, the directly target the potential revenue entity controlled by a state or local Court did not address whether such loss. government. Finally, the Treasury contributions are deductible under The Treasury Department and the IRS Department and the IRS have serious section 170 or whether the contributors have considered the substance over concerns about the practicability of received a substantial benefit in form doctrine in analyzing the proper delineating clear and administrable exchange for their contributions. tax treatment of contributions in criteria for distinguishing between state and local government entities and b. Tax Consequences of Quid Pro Quo exchange for tax credits, but have section 170(c)(2) organizations that are Benefits ultimately decided that, as a general closely connected to state and local matter, the application of the quid pro Some commenters pointed out that governments. the proposed regulations failed to fully quo principle provides a more sound, address the tax consequences of treating comprehensive, and administrable d. Quid Pro Quo Provided by Third tax credits as quid pro quo benefits and approach. While a payment made to a Party suggested that additional guidance is state (or to an entity designated by the Some commenters expressed a belief needed. For example, commenters noted state) in exchange for a tax credit might that under current law a quid pro quo that the proposed regulations did not in some circumstances seem similar to received or expected to be received by address the tax treatment of the sale, a payment of tax under section 164, the a taxpayer does not reduce the use, or lapse of the credits. In particular, analysis raises additional issues and taxpayer’s charitable contribution commenters suggested that additional finds less support under other substance deduction if the quid pro quo comes guidance may be needed to clarify over form authorities. Specifically, this from a party that is not the donee. Based application of the rules under sections approach would result in the significant on that belief, these commenters 61, 164, 1001, and 1012 to the receipt, expansion in the definition of ‘‘tax’’ concluded that a tax credit from a state expectation of receipt, or use of tax under section 164, would raise or local government should not reduce credits. The Treasury Department and questions involving the proper timing of the charitable contribution deduction the IRS agree with commenters that deductions for such payments, and for a payment to a section 170(c)(2) additional guidance is necessary to would result in different treatments for organization. At least one commenter address these complex issues. similarly situated taxpayers. recommended that where contributions Regarding the treatment of return Furthermore, even if the substance over are made to section 170(c)(2) entities in benefits under section 164, the Treasury form doctrine were applied to treat exchange for tax credits provided by the Department and the IRS issued Notice payments or transfers to certain state or local government, the benefit 2019–12 on [Month DD], 2019. As organizations as a payment of taxes, the should be treated as income to the discussed previously in this preamble, proper treatment of these amounts donor. Notice 2019–12 provides a safe harbor under section 170, including the In support of this position, many under section 164 for an individual who application of the quid pro quo commenters referred to § 1.170A–1(h)(1) itemizes deductions and who makes a principle, would continue to be relevant (payment in exchange for consideration) payment to a section 170(c) entity in for taxpayers that make payments or and § 1.170A–13(f)(6) (defining ‘‘in return for a state or local tax credit. The transfers to certain charities in return for consideration for’’ as a donee Treasury Department and the IRS will tax credits. The Treasury Department organization providing goods and continue to consider comments and the IRS have determined that the services in consideration for taxpayer’s regarding other tax consequences of tax laws and sound tax policy support payment). One commenter expressed treating tax credits as quid pro quo the treatment of a state tax credit as a the view that the quid pro quo analysis benefits and will provide additional return benefit that reduces the amount cannot be applied to contributions to guidance as needed. of the taxpayer’s charitable contribution charitable organizations other than state deduction under section 170, regardless or government entities because when a c. Application of Substance Over Form of whether the entity to which the taxpayer makes a contribution to a Doctrine contribution is made is controlled by a charity, but receives consideration from Some commenters suggested that the state or local government. The quid pro a third party such as the state, the proposed regulations should have relied quo principle is applicable to transaction cannot be characterized as a in whole or in part on the substance contributions made to all types of donee purchase. Commenters suggested that over form doctrine rather than the quid entities. Section 170(c) provides an the language in the proposed regulations pro quo principle. Under a substance expansive list of the types of entities to at § 1.170A–1(h)(3)(iii) creating an over form approach, commenters which a taxpayer may contribute and exception from the ‘‘in consideration explained, the proposed regulations receive a charitable contribution for’’ language of § 1.170A–13(f)(6) for could treat contributions to funds deduction. This list includes state or local tax credits provided by established by state or local government organizations controlled by state or local third parties is evidence that the entities in exchange for tax credits as, in governments. If a contribution is made proposed regulations depart from substance, a payment of taxes to those to or for the use of any such entity, the established law. Commenters suggested,

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as an alternative, that the final receive a substantial benefit in return. and consistent application of existing regulations set forth a general rule American Bar Endowment, 477 U.S. at law, a charitable contribution deduction applying quid pro quo principles to 116–17 (1986); Hernandez, 490 U.S. at is reduced by any consideration a donor benefits a taxpayer receives from any 691–92. The source of the return benefit receives or expects to receive, regardless source, regardless of whether the is immaterial from the donor’s financial of whether the donee is the party from benefits are provided by the donee or a perspective. The quid pro quo principle whom consideration is received or third party. That rule would be is thus equally applicable regardless of expected to be received. To conclude applicable in determining if there is any whether the donor expects to receive the otherwise would provide incentives for quid pro quo under section 170 in all benefit from the donee or from a third taxpayers, charitable organizations, contexts, not just when a taxpayer party. In either case, the donor’s states, and localities to structure receives state or local tax credits. payment is not a charitable contribution transactions involving third party Section 1.170A–1(h)(1) provides that or gift to the extent the donor expects a benefits to bypass the requirements to no part of a payment that a taxpayer substantial benefit in return. reduce contribution deductions by the makes to or for the use of an The Supreme Court in American Bar value of benefits received or expected to organization described in section 170(c) Endowment and Hernandez did not be received. Accordingly, the Treasury that is in consideration for (as defined directly address the question of third Department and the IRS do not adopt in § 1.170A–13(f)(6)) goods or services party benefits because the return the recommendation of the commenters (as defined in § 1.170A–13(f)(5)) is a benefits at issue in those cases were to limit application of the final contribution or gift within the meaning provided by the donees. The Court regulations to circumstances in which a of section 170(c) unless the taxpayer (i) derived its quid pro quo principle in tax credit is provided by the donee, and intends to make a payment in an part from a lower court decision and a as noted previously, the Treasury amount that exceeds the fair market revenue ruling that had addressed the Department and the IRS intend to value of the goods or services; and (ii) question. See American Bar propose amendments to the existing makes a payment in an amount that Endowment, 477 U.S. at 117 (citing regulations to make clear that the quid exceeds the fair market value of the Singer, 449 F.2d 413 (Ct. Cl. 1971) and pro quo principle applies regardless of goods or services. Section 1.170A– Rev. Rul. 67–246); Hernandez, 490 U.S. whether the party providing the quid 1(h)(2) states that the charitable at 691 (citing Singer). In Singer v. pro quo is the donee. contribution deduction under section United States, the appellate division of 170(a) may not exceed the amount of the Court of Claims (the predecessor to 4. Comments on Section 164(b)(6) cash paid or the fair market value of the Federal Circuit) held that a sewing A number of commenters stated that property transferred to an organization machine company was not eligible for a the section 164(b)(6) limitation favors over the fair market value of goods or charitable contribution deduction for low-tax states, is a form of double services the organization provides in selling sewing machines to schools at a taxation, or infringes on states’ rights. return. Section 1.170A–13(f)(5) defines discount because the company These comments regarding the statutory goods or services as cash, property, ‘‘expected a return in the nature of limitation itself are beyond the scope of services, benefits, and privileges, and future increased sales’’ to students. the proposed regulations. § 1.170A–13(f)(6) provides that a donee Singer, 449 F.2d at 423–24. In so provides goods or services in holding, the court expressly rejected the 5. Conservation Easement Contributions consideration for a taxpayer’s payment company’s argument that this expected A large number of comments from if, at the time the taxpayer makes a benefit should be ignored because it conservation easement donors, land payment to the donee, the taxpayer came from the students (i.e., third trusts, and government entities involved receives or expects to receive goods or parties), rather than directly from the in conservation easement donations services in exchange for that payment. schools. Id. at 422–23. The court stated, were specific to conservation easements. The Treasury Department and the IRS ‘‘Obviously, we cannot agree with Conservation easement comments that acknowledge that the current plaintiff’s distinction.’’ Id. Similarly, in relate to the applicability date of the regulations do not address situations in Rev. Rul. 67–246, Example 11, a local regulations are addressed under the which the benefits a donor receives or department store agreed to award a ‘‘Applicability Dates’’ heading later in expects to receive come from a third transistor radio, worth $15, to each this section.1 party. While the proposed regulations person who contributed $50 or more to One group of comments relating to modify the existing regulations to a specific charity. The ruling concluded conservation easements expressed the address the specific case of payments in that if a taxpayer received a $15 radio view that donations of conservation exchange for tax credits, the Treasury as a result of a $100 payment to the easements to land trusts should be Department and the IRS intend to charity, only $85 qualified as a excluded from the rules in the final propose additional regulations setting charitable contribution deduction. It did regulations because of the importance of forth a general rule for all benefits not matter that the donor received the land conservation, because Congress has received or expected to be received from $15 radio from the department store, a provided extra incentives for third parties, not just tax credits. In the third party, rather than from the charity. contributions of conservation easements interim, the final regulations regarding This understanding guides the IRS’s over the years, and because easement tax credits specify an exception to the audit practices. See IRS Conservation donations are not intended as section existing definition of ‘‘in consideration Easement Audit Techniques Guide (Rev. 164(b)(6) workarounds. The Treasury for.’’ However, the application of the Jan. 24, 2018, p. 16) (stating that a ‘‘quid Department and the IRS recognize that quid pro quo principle to benefits pro quo contribution is a transfer of conservation easements provide unique received or expected to be received from money or property partly in exchange and perpetual benefits that are accorded third parties is consistent with existing for goods or services in return from the favorable tax treatment by state law. charity or a third party’’, and ‘‘a quid governments as well as by Congress. In American Bar Endowment and pro quo may be in the form of an Hernandez, the Supreme Court made indirect benefit from a third party’’). 1 Although commenters used the term ‘‘effective clear that a payment is not a charitable The Treasury Department and the IRS date,’’ it is clear that commenters were referring to contribution if the donor expects to conclude that, under the most logical the ‘‘applicability date’’ as the term is used herein.

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Specifically, Congress treats deductions Department and the IRS agree with this These commenters are correct that for conservation easement contributions comment that this basis issue warrants taxpayers engaged in a trade or business more favorably than other charitable additional consideration. Although the may be permitted a section 162 contribution deductions in some basis issue is beyond the scope of these deduction for amounts paid to contexts, such as the percentage regulations, the Treasury Department charitable organizations in some limitation and carryover rules. and the IRS intend to consider this issue circumstances. See, for example, The final regulations do not adopt this for future guidance. Marquis v. Commissioner, 49 T.C. 695 suggestion. These regulations are based (1968) (taxpayer’s cash payments to 6. Taxpayers at or Below the Section on longstanding rules of general clients that were charitable entities 164(b)(6) Limit applicability relating to quid pro quo furthered her travel agency business and and charitable intent, and there is no A number of commenters were therefore not subject to the authority under section 170 that would recommended that the Treasury limitations of section 170). However, void the application of the quid pro quo Department and the IRS revise how the some commenters raised questions principle and charitable intent doctrine proposed regulations apply to taxpayers regarding whether a payment for a tax to donors of conservation easements. whose state and local tax deduction is credit would always bear a direct A second group of comments state at or below the $10,000 limit in section relationship to a taxpayer’s business. that determining the value of a 164(b)(6). Under the proposed A few commenters opined that the conservation easement tax credit may be regulations, a taxpayer who itemizes proposed regulations further escalate difficult for donors and also for donees and is not subject to the alternative the disparate treatment of charitable who prepare contemporaneous written minimum tax (AMT), and whose state or contributions by individual wage acknowledgments. In at least one state, local tax deduction is at or below earners as compared to similar easement donors receive a property tax $10,000, may have adverse federal tax contributions by passthrough entities credit for each of the years that they consequences. This taxpayer may have and their members who are individuals. continue to own the underlying made a nondeductible contribution (in These commenters noted that the property. Commenters stated that it is exchange for state or local tax credits) in limitation imposed by section 164(b)(6) unknowable at the time of the donation lieu of a fully or partially deductible does not apply to state or local real or how many years the donor would be payment of state or local tax. personal property taxes paid or accrued eligible for the property tax credit or Accordingly, some commenters in carrying on a trade or business or an how to value a right to a tax credit that recommended that taxpayers whose activity described in section 212. As a could continue many years into the state and local tax liabilities fall at or result of this exception to the limitation future. Also, an expected credit may not below the $10,000 limit be allowed to under section 164 and the availability of necessarily be granted, may be granted deduct contributions made in exchange business expense deductions under in a subsequent tax year, may be for state or local tax credits up to section 162, commenters stated that a subsequently reduced, or might never be $10,000. Some commenters taxpayer-owner of a passthrough entity used or transferred. The Treasury recommended allowing these taxpayers will continue to receive the benefits of Department and the IRS understand that to deduct the contributions only when an allocable share of tax credits received in some cases taxpayers may never the taxpayers’ contributions are to the by the passthrough entity. In addition, receive the maximum credit. state (as opposed to an entity described commenters pointed out that several Nevertheless, it is well settled that an in section 170(c)(2)). Other commenters states have enacted or considered expectation of a return benefit negates recommended allowing the deduction enacting legislation that shifts state the requisite charitable intent, and the only when the taxpayers’ contributions taxes from individuals to passthrough regulations apply that rule. The final are to a state or local tax credit program entities and entitles the owners to claim regulations at § 1.170A–1(h)(3)(iv) state that was in existence as of December 22, a credit on the owner’s state tax return that the reduction in the amount treated 2017, the date of the enactment of the for the amount of the owner’s as a charitable contribution is an Act. Many commenters cited case law, distributive share of taxes paid by the amount equal to the maximum credit legislative intent, and general principles passthrough entity. allowable that corresponds to the of fairness. Several commenters The proposed and final regulations amount of the taxpayer’s payment or suggested further study or exceptions apply to charitable contributions by transfer. If there is no clear maximum for taxpayers with state and local tax business taxpayers. Specifically, a credit allowable, taxpayers may reduce liabilities below the $10,000 limit. business taxpayer, like an individual their charitable contribution deduction These commenters were concerned that taxpayer, must reduce the charitable using a good faith estimate of the value the impact to these taxpayers may be contribution deduction by the amount of the credit. greater than the Treasury Department of any return benefit received or A third group of comments noted that forecasted. After considering these expected to be received. Thus, the conservation easement donors who sell comments, the Treasury Department commenters’ concerns do not result their credit should get basis in the credit and the IRS published a notice of intent from disparate treatment of business equal to the amount of the reduction in to propose regulations, Notice 2019–12, taxpayers under section 170, but rather the charitable contribution deduction. A providing a safe harbor, as discussed result from the application of sections number of states have conservation previously in this preamble. 162 and 164, including application of easement tax credit programs that allow the limitation under section 164(b)(6) to the donor to sell the credit. Under 7. Application of Section 162 for passthrough entities and their owners. existing case law, an easement donor Business Taxpayers The Treasury Department and the IRS has no gain or loss on receipt of a credit Some commenters stated that recognize that the final regulations may but recognizes capital gain upon its sale. business taxpayers are treated more raise additional questions regarding the See, for example, Tempel v. favorably than others because business application of sections 162 and 164 to Commissioner, 136 T.C. at 354–55 taxpayers may be able to claim business entities that make payments to (concluding that conservation easement deductions for payments to section section 170(c) entities and that receive donors had no basis in the tax credits 170(c) entities as ordinary and necessary or expect to receive state or local tax that they sold). The Treasury business expenses under section 162. credits in return for such payments. In

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response to these questions, the suggested that an amount equal to the and local tax deductions. These Treasury Department and the IRS first 15 percent of all credits should be concerns reflect the view that the quid published Rev. Proc. 2019–12, as disregarded. Commenters also noted pro quo analysis under section 170 is previously discussed in this preamble, that the proposed regulations penalized equally applicable to tax benefits in the which provides safe harbors under donors of smaller amounts because 15 form of state or local tax deductions as section 162 for certain payments made percent of a large payment results in a it is to state or local tax credits. As noted by C corporations or specified much larger amount covered by the in the preamble to the proposed passthrough entities. Neither the final exception than 15 percent of a small regulations, the Treasury Department regulations nor the safe harbors in the payment. Commenters also noted that a and the IRS believe that considerations revenue procedure otherwise affect the 15-percent exception would typically of tax policy and sound tax availability of a business expense permit a deduction for an amount that administration do not support the deduction under section 162 for is more than the amount treated as de application of quid pro quo principles payments that are ordinary and minimis under the rules of section 170. in the case of dollar-for-dollar state or necessary expenses incurred in carrying See, for example, Rev. Proc. 90–12, local tax deductions. The economic on a trade or business. The Treasury 1990–1 C.B. 471 (providing guidelines benefit of a dollar-for-dollar deduction Department and the IRS will continue to for determining whether the provision is limited because it is based on a study comments involving the effect of of small items or benefits of token value taxpayer’s state and local marginal rate. the final regulation on various business in return for a contribution have Therefore, the risk of a taxpayer using entities and will provide additional insubstantial value such that the such deductions to circumvent section guidance as needed. contribution is fully deductible under 164(b)(6), and the potential revenue section 170). On the other hand, some 8. Disclaiming the Tax Credit loss, is comparatively low. This is true commenters requested that a higher If a taxpayer properly declines receipt even in high tax states. In addition, if percentage be treated as de minimis. state and local tax deductions for of a benefit, the taxpayer will not be The suggestion to disregard an charitable contributions were treated as treated as receiving or expecting to amount equal to 15 percent of the return benefits, it would make the receive the benefit, and the charitable donor’s transfer or otherwise change the accurate calculation of federal taxes and contribution deduction will not be 15-percent exception was not adopted. state and local taxes difficult for both reduced by the amount of the benefit. The 15-percent exception was designed taxpayers and the IRS. For example, the See Rev. Rul. 67–246, 1967–2 C.B. 104, to provide consistent treatment for state 108, Example 3 (taxpayer who wants to or local tax deductions and state or local value of a deduction would vary based support charity, but does not intend to tax credits that provide a benefit that is on the taxpayer’s marginal state and use the ticket offered in return for his generally equivalent to a deduction. The local tax rates, making for more complex donation, may refuse to accept the ticket 15-percent exception is intended to computations and adding to and receive a charitable contribution reflect the combined benefit of state and administrative and taxpayer burden. deduction unreduced by the value of the local tax deductions, that is, the Also, many states use federal taxable ticket). A number of commenters asked combined top marginal state and local income as the starting point for for guidance on how a taxpayer may tax rates, which the Treasury computing state taxable income, and the decline receipt of state or local tax Department and the IRS understand amount reported as a charitable credits. Although not specifically stated currently do not exceed 15 percent. The contribution deduction on a taxpayer’s in the regulations, taxpayers who prefer Treasury Department and the IRS federal tax return is typically the to claim an unreduced charitable considered tailoring this exception to amount of the deduction on the contribution deduction have the option the combined marginal state and local taxpayer’s state tax return. Allowing an of not applying for a state or local tax rates applicable for a taxpayer’s unreduced federal charitable income tax credit where such an particular jurisdiction. The Treasury contribution deduction even though a application is required in order to Department and the IRS determined that state provides a similar deduction in receive the credit. Alternatively, using a single rate sufficient to cover the measuring state taxable income would taxpayers may apply for a lesser amount highest existing marginal rates would avoid administrative complications. of the credit. The Treasury Department avoid the complexity and burden that Accordingly, a dollar-for-dollar state or and the IRS request comments as to how would arise if a taxpayer had to local tax deduction does not raise the taxpayers may decline state or local tax compute the sum of the taxpayer’s state same concerns as a state or local tax credits in other situations. and local marginal tax rates to credit, and it would produce unique determine whether the tax credit complications if it were to be subject to 9. Cliff Effect of the 15-Percent received exceeded the benefit that the the quid pro quo principle. Thus, the Exception taxpayer would have received as a final regulations allow taxpayers to The proposed regulations include an deduction. The exception ensures that calculate their federal tax deductions exception under which a taxpayer may taxpayers in states offering state tax without regard to their dollar-for-dollar disregard a state or local tax credit if the deductions and taxpayers in states state and local tax deductions. However, credit does not exceed 15 percent of the offering economically equivalent credits the Treasury Department and the IRS taxpayer’s payment or 15 percent of the are treated similarly. This exception is are concerned that the granting of state fair market value of the property not intended to be an application of the or local tax deductions in excess of the transferred by the taxpayer. A number of de minimis standard for insubstantial or amounts paid or the fair market value of commenters stated that the 15-percent inconsequential benefits under Rev. property transferred to an entity exception results in an unfair ‘‘cliff Proc. 90–12, 1990–1 C.B. 471. described in section 170(c) could result effect’’ because credits above 15 percent in more substantial economic benefits to do not receive the benefit of this 10. Application to State and Local Tax the taxpayer and should be treated as a exception. The commenters note that Deductions quid pro quo. Accordingly, the final this unfairness is most significant where Some commenters expressed concern regulations also retain the exception to credits only exceed 15 percent by a that the proposed regulations do not general rule for excess state or local tax small amount. A number of commenters apply the quid pro quo analysis to state deductions.

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Some commenters also contended 12. Valuation and Substantiation of the commenters recommended that the final that the proposed regulations disfavor Credits regulations contain a RFA analysis. state and local governments relative to Commenters expressed concerns Other commenters noted that some the federal government. These about the challenges for taxpayers and donors may be small entities affected by commenters noted that the proposed donees in determining the value of a the regulation. The Treasury regulations do not require a taxpayer to state or local tax credit. Under the Department and the IRS do not agree reduce the taxpayer’s charitable proposed regulations, a taxpayer needs that a RFA analysis is required. The contribution deduction by the value of to know the ‘‘maximum credit organizations and small governmental the federal tax deduction. However, as allowable’’ that corresponds to the jurisdictions that receive deductible discussed in the prior paragraph, the amount of the taxpayer’s transfer to the contributions as part of a state or local final regulations do not treat state donee. This amount would typically be tax credit program are not subject to the charitable contribution deductions any the stated amount of the credit, and proposed regulations, and any potential differently than federal charitable unless the 15-percent exception applies, effect on contributions to these contribution deductions. Under the final the taxpayer’s charitable contribution organizations is an indirect effect of the regulations neither state nor federal deduction would generally be reduced regulation. The RFA does not apply to charitable contribution deductions are by this amount. However, if the credit entities indirectly affected by the treated as return benefits in determining does not have a clear maximum credit regulation. See, for example, Cement the taxpayer’s charitable contribution allowable, a taxpayer’s good faith Kiln Recycling Coalition v. EPA, 255 deduction under section 170. The estimate of the value will satisfy the F.3d 855, 868 (D.C. Cir. 2001); Mid-Tax economic benefit of a state or federal rules of the final regulations. Elec. Coop v. FERC, 773 F.2d 327 (D.C. charitable contribution deduction is Commenters have also expressed Cir. 1985). For small entities that are limited because both are based on a concerns about substantiation of a donors, and potentially subject to the regulations, the regulations do not taxpayer’s marginal tax rate. In addition, charitable contribution when the donee impose more than nominal costs and do there is minimal risk that a taxpayer does not know whether the donor not impose a collection of information will use either of these deductions to expects to receive a state or local tax requirement. circumvent section 164(b)(6), and the credit. If a donee is not the entity potential revenue loss, in both cases, is providing the credit, the 14. Concerns About Reduced Charitable comparatively low. Furthermore, unlike contemporaneous written Giving state or local governments, Congress acknowledgment rules do not require would not be motivated to enact a that the amount of the credit be reported A large number of commenters provision enabling an excess charitable in the acknowledgment. See section expressed concern that the proposed contribution to circumvent its other 170(f)(8) (stating that a regulations would result in an overall federal tax laws. Thus, the final contemporaneous written decline in charitable giving. Many of the regulations specifically address the acknowledgment includes a statement commenters expressed concern about workarounds stemming from taxpayer’s of whether the donee provided goods the impact of the regulations on use of state and local tax credit and services and if so, includes a good particular charities or types of charities. programs, but continue to provide faith estimate of the value of those A large number of comments were received on tax credit programs that parallel treatment of both federal and goods or services). Further, under encourage contributions to state charitable contributions § 1.170A–13(f)(5), goods and services organizations that help fund public and deductions. include benefits. One commenter asked about private school programs. A number of 11. Contributions to Foreign Charitable compliance with section 6115, which commenters were concerned that the Organizations generally requires donee disclosures in proposed regulations would decrease connection with quid pro quo education opportunities for A small number of commenters contributions (as defined in section impoverished and special needs expressed the view that the proposed 6115(b)), and specifically requires children in grades K–12. Some regulations favor payments to foreign section 170(c) organizations (but not commenters suggested that the final charities. Charitable contributions made section 170(c)(1) entities) to provide regulations apply only to contributions to foreign organizations generally are donors with a good faith estimate of the to governments or government entities not deductible for federal income tax value of goods or services they provide. and not to private school organizations, purposes. See section 170(c)(2). If a section 170(c)(2) organization is not while others suggested postponing the Moreover, in the limited situations providing the state or local tax credit to applicability date of final regulations to where these deductions are allowed, the donor, section 6115 does not apply. allow time to study the effects on taxpayers are treated as if they are Accordingly, there is no section 6115 scholarship granting organizations. A making such contributions to entities requirement for section 170(c)(2) few commenters expressed a concern that are organized in the United States, organizations to disclose information that the proposed regulations may result and accordingly, such contributions about a tax credit provided by a state or in a decrease in donations to would be subject to the rules and local government. scholarship granting organizations and regulations under section 170. As a increase the burden on public schools, result, while tax credits provided by 13. Regulatory Flexibility Act given that private schools may not be foreign governments for contributions to Some commenters stated that the able to provide as many scholarships to foreign charities are outside the scope of Regulatory Flexibility Act (5 U.S.C. low-income students. Other commenters the final regulation, if the taxpayer is chapter 6) (‘‘RFA’’) applies to the expressed concern that some state or seeking to deduct such charitable regulations because small tax-exempt local tax credit programs unfairly contributions under section 170, the organizations and small governmental incentivize contributions to private quid pro quo principle set out under jurisdictions would be affected by the organizations, thus diverting resources section 170 would be equally proposed regulations due to a potential from public functions, such as public applicable. reduction in contributions. These schools.

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Other commenters recommended that charitable contribution deduction for revenue implications were known when donations of conservation easements the portion of a taxpayer’s charitable the Act was enacted. should be exempted from the rules in contribution that is a gratuitous transfer, The regulations are based on the regulations. Commenters and the regulations also leave longstanding federal tax law principles representing land trusts expressed unchanged the state-level benefit that apply equally to all taxpayers. To concern that the regulations would provided by state tax credits. In ensure fair and consistent treatment, the reduce the number of donated combination with Notice 2019–12, the final regulations do not distinguish conservation easements, thereby regulations will not alter the charitable between taxpayers who make transfers reducing the ability of the federal giving incentives for the overwhelming to state and local tax credit programs government, state and local majority of taxpayers as compared to the enacted after the Act and those who governments, and land trusts to incentives under federal tax law prior to make transfers to tax credit programs conserve in perpetuity significant enactment of section 164(b)(6). As existing prior to the enactment of the natural lands, water, and habitats. A discussed previously in this preamble, Act. Neither the intent of the section commenter noted the needs of Notice 2019–12 provides a safe harbor 170(c) organization, nor the date of struggling farmers and other landowners for certain individual taxpayers who enactment of a particular state tax credit who might not be able to afford to itemize deductions and who make program, are relevant to the application donate a conservation easement without payments to a section 170(c) entity in of the quid pro quo principle. a state tax credit. Some commenters return for a state or local tax credit. Accordingly, the final regulations apply observed that because of the Under the safe harbor, these individuals the rules equally to all state and local significance of land conservation, may treat the portion of such payment tax credit programs, and the final Congress has already provided special that is or will be disallowed as a regulations do not adopt commenter incentives for conservation easement charitable contribution deduction under recommendations to create exceptions donations under section 170, and the section 170 as a payment of state or to the general rule for various types of commenters suggested the Treasury local tax for purposes of section 164. state tax credit programs. Department and the IRS follow Notice 2019–12 will mitigate the impact Regarding the comment on revenue Congress’s lead by making an exception of the final regulations on state or local implications for pre-existing programs, in the final regulations for donations of tax credit programs that incentivize state and local governments have the conservation easements. giving to all section 170(c) entities, ability to change the parameters, Commenters from health care including entities supporting including the aggregate dollar amount of organizations, such as rural hospital educational scholarship programs, child credits, of these programs. In addition, foundations, expressed concern that the care, public health, and other important as noted previously, some states and taxpayers have pursued tax planning proposed regulations would reduce goals. Thus, the impact on taxpayers’ strategies through the use of pre-existing charitable giving for health care, choices will be small. reducing the ability of health care state or local tax credit programs that organizations to offset rising medical The final regulations apply would have the effect of allowing costs and declining patient revenue. longstanding principles regarding taxpayers to deduct their payments of Other commenters expressed concerns charitable intent and quid pro quo, and state and local taxes in excess of the that the proposed regulations would therefore treat all contributions to limitation under section 164(b)(6). undermine state programs that offer tax entities described in section 170(c) These strategies would increase the credits for contributions supporting a similarly. Those principles apply revenue loss to the federal government variety of local initiatives, including equally to all charitable contributions, beyond estimates when the Act was public arts, education, health, human regardless of the charitable purpose or enacted. type of donee. Accordingly, the final services, environment, enterprise zones, 16. Applicability Date and community betterment. Other regulations do not adopt a facts-and- commenters were concerned about the circumstances test or a test based on the A number of commenters requested a effect of the regulations on child care type of section 170(c) organization. delayed applicability date, or in the programs. A few commenters opined 15. Programs in Existence Before the Act alternative, a phased-in implementation that the proposed regulations would of the proposed regulations. The further strain state and local finances A large number of commenters majority of these commenters requested that are already adversely impacted by suggested that the final regulations an applicability date of January 1, 2019. the new limitation on deductions of exempt tax credit programs that were Others suggested dates of up to five state or local taxes. The commenters established before the date of the years after the enactment of the Act, and stated that the new limitation would enactment of section 164(b)(6). The still others did not propose a specific potentially force states and localities to commenters noted that the pre-existing date. Some commenters requested a confront difficult choices regarding tax programs could not have been intended delayed applicability date with respect rates and public services. In addition, as section 164(b)(6) workarounds. Other to all tax credit programs, while others several commenters suggested that the commenters explained that many requested a delayed applicability date Treasury Department and the IRS adopt taxpayers made payments or transfers to for only certain tax credit programs. a facts-and-circumstances test to existing programs in anticipation of Many commenters requesting a differentiate between tax credit receiving state or local tax credits as delayed applicability date expressed programs that are consistent with state well as deductions, and the regulations concern about the adverse impact on and federal policy goals and those that would cause financial hardships. state scholarship tax credit programs. are designed for tax avoidance. Further, some commenters expressed an Some commenters noted that a phased- The Treasury Department and the IRS opinion that the regulations are in implementation or delayed recognize the importance of the federal politically motivated, allegedly targeting applicability date may minimize charitable contribution deduction, as states and localities with high tax rates. uncertainty for students. Commenters well as state tax credit programs, in Commenters also stated that exempting also described the application process encouraging charitable giving. The final pre-existing programs would not lead to for certain state tax credit programs, regulations continue to allow a an unanticipated revenue loss because requesting a delayed applicability date

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of October 31, 2018, or December 31, (including potential economic, received or expected to be received in 2018, to ensure that states would have environmental, public health and safety return for charitable contributions sufficient time to inform applicants as to effects, distributive impacts, and would precipitate revenue losses that whether their applications were equity). Executive Order 13563 would undermine the limitation on the accepted, and to provide applicants emphasizes the importance of deduction for state and local taxes with sufficient time to make quantifying both costs and benefits, of adopted by Congress under the Act. contributions prior to the date of reducing costs, of harmonizing rules, In this regard, the Treasury applicability of the proposed and of promoting flexibility. This rule Department and the IRS note that the regulations. has been designated as subject to review Joint Committee on Taxation (JCT) Some commenters requested a under Executive Order 12866 (E.O. estimated that the limitation on state delayed applicability date of January 1, 12866) pursuant to the Memorandum of and local tax deductions along with 2019 or 2020, for conservation easement Agreement (April 11, 2018) between the certain other reforms of itemized donations. These commenters stated Treasury Department and the Office of that donations of conservation Management and Budget (OMB) deductions would raise $668 billion easements are unique in that they are regarding review of tax regulations. over ten years. See Joint Committee on time-consuming and costly for donors to OMB has determined that the rule is Taxation, ‘‘Estimated Budget Effects of plan for and finalize. For example, a economically significant and therefore the Conference Agreement for H.R. 1, conservation easement donor may have subject to review under section 1(c) of The ‘Tax Cuts and Jobs Act,’ ’’ JCX–67– to expend tens of thousands of dollars the Memorandum of Agreement (MOA). 17, December 18, 2017, at https:// to hire an appraiser, an attorney, a Elsewhere in the Special Analyses, the www.jct.gov/publications.html?func= surveyor, and in some jurisdictions, pay economic effects of the rule are startdown&id=5053. A substantial an application fee. Also, it takes many analyzed in conjunction with Notice amount of this revenue would be lost if months, sometimes more than a year, for 2019–12, which provides a safe harbor state tax benefits received in exchange the donor to take all the necessary steps that taxpayers may immediately rely for charitable contributions were to contribute an easement that is upon and that likely diminishes the ignored in determining the charitable deductible under section 170(h) and effects of the rule. OMB has made its contribution deduction. This estimate is also creditable under state law, and determination based only on the not a revenue estimate of the rule, in many easements are donated at the end economic effects of the rule. This rule part because it includes other reforms of of the calendar year. The commenters is a regulatory action under Executive itemized deductions but does not reflect stated that the mid-year applicability Order 13771. certain other provisions of the Act. In date in the proposed regulations has The following analysis provides addition, this does not represent an created complexity for taxpayers. further detail regarding the anticipated estimate of the non-revenue economic These suggestions were not adopted. impacts of the rule. Part I explains the effects of the rule. Still, the JCT estimate The Treasury Department and the IRS need for the rule. Part II specifies the provides a rough upper bound of the continue to believe that the proposed baseline for the economic analysis. Part potential revenue loss and individual applicability date of August 27, 2018, III summarizes the economic effects of contribution choices at stake in this provides maximum certainty for the rulemaking, relative to this baseline. rulemaking. taxpayers making contributions in Part IV provides illustrative scenarios. exchange for state and local tax credits Part IV.A describes the tax effects of II. Baseline and minimizes revenue loss. If the charitable contributions prior to Prior to the proposed and final proposed applicability date had not enactment of the statutory limitation on regulation, the Treasury Department and been contemporaneous with the deductions for state and local taxes the IRS had not issued formal guidance proposed regulations, the Treasury under section 164(b)(6) (the ‘‘SALT on the deductibility of contributions to Department and the IRS believe that limitation’’) in the Act. Part IV.B entities described in section 170(c) that taxpayers would have engaged in provides examples comparing the tax give rise to state or local tax credits. significant tax planning in advance of effects of charitable contributions after There was also no guidance, aside from the regulations being finalized, resulting enactment of the SALT limitation, but in a significant loss of revenue. absent the rule (the baseline) to the tax Notice 2018–54, addressing the Additionally, Notice 2018–54, released effects under the rule and notice. interaction between section 170 and the May 23, 2018, gave taxpayers timely Finally, Part V provides a qualitative newly enacted SALT limitation. As a notice that formal guidance was assessment of the potential costs and result, there was a degree of taxpayer forthcoming. It would be inequitable to benefits of the rule and notice compared uncertainty as to whether state and local revise the applicability date at this to the baseline. tax credits were a return benefit that point, as some taxpayers have made reduces a taxpayer’s charitable I. Need for Regulation decisions regarding their charitable contribution deduction, and absent contributions based on the applicability This regulation provides guidance on further guidance, taxpayers would likely date in the proposed regulations. the deductibility of charitable have taken different filing positions. For Finally, any delay in applying the rules contributions when a taxpayer receives informational and analytical purposes, of the final regulation would potentially or expects to receive a corresponding however, this analysis assumes as a undermine the purposes of the state or local tax credit. The regulation baseline that state and local tax credits limitation in section 164(b)(6). is intended to clarify the relationship are generally not treated as a return between the federal charitable benefit or consideration and therefore Special Analyses contribution deduction under section do not reduce the taxpayer’s charitable Executive Orders 12866 and 13563 170 and the recently-enacted SALT contribution deduction under section direct agencies to assess costs and limitation. Compelling policy 170(a). The illustrative scenarios benefits of available regulatory considerations reinforce the presented below make use of alternative alternatives and, if regulation is interpretation and application of section baseline scenarios to provide clarity on necessary, to select regulatory 170 in this context. Disregarding the the incremental impacts arising out of approaches that maximize net benefits value of state and local tax credits the rule and notices.

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III. Summary of Economic Effects taxes from general public funds to funds on the ultimate beneficiaries of the Section 2 of the MOA stipulates that designated for specific public purposes, charitable organizations or on tax regulations that are likely to have a solely to generate a charitable gift for consumers of public goods. As noted earlier, E.O. 12866 calls for non-revenue effect on the economy of federal tax purposes. These transfers quantitative analysis to the extent $100 million or more (identified in from one public fund to another would feasible. One commenter to the section 1(c) of the MOA) will be subject not be substantive in nature and proposed regulations also stated that the to the analytical requirements therefore are not anticipated to generate analyses should have included applicable to significant regulations real economic effects. The rulemaking quantitative estimates of the costs and under section 6(a)(3)(B) of E.O. 12866, with Notice 2019–12 would also benefits of the rule, including estimates as well as the additional requirements increase compliance and administrative costs for some taxpayers and charitable of the potential size of state and local applicable to economically significant entities but decrease them for others. As tax credits, federal revenue losses, and regulations under section 6(a)(3)(C) of discussed in Part V of the Special efficiency losses. The commenter E.O. 12866. Those requirements entail Analyses, the Treasury Department and further stated that without quantitative an assessment of potential costs and the IRS expect these effects are likely estimates it is not known ‘‘whether the benefits of significant regulatory actions. small and, on net, expect a reduction in potential problem is significant enough Section 6(a)(3)(C) of E.O. 12866 also compliance burdens (because fewer to justify this change in tax regulations.’’ states that to the extent feasible, transactions performed solely for tax The Treasury Department and the IRS quantitative assessments including the avoidance will be undertaken). provide in this Special Analyses an underlying analyses for a non-inclusive The rulemaking with Notice 2019–12 economic analysis, including to the list of factors shall be provided for the may also marginally reduce the extent feasible, quantitative estimates costs and benefits of rules that have an incentive to make contributions to that offer context regarding the scope of annual effect on the economy of $100 charitable organizations that result in possible impacts arising out of these million or more or adversely affect in a state and local tax credits, which may final regulations. In particular the material way the economy or certain have the effect of reducing aggregate Treasury Department and the IRS aspects of the economy. contributions. But the Treasury provide examples of how different types At the proposed rule stage, the Department and the IRS expect this of taxpayers would or would not be Treasury Department and the IRS effect to be small. For example, for an affected by this rulemaking as well as determined that the proposed individual taxpayer who claims estimates of the shares of taxpayers rulemaking would not result in costs, itemized deductions on a Federal potentially affected by the rulemaking benefits, or non-revenue transfers in income tax return, has more than with Notice 2019–12. However, because excess of $100 million per year, and $10,000 of state and local tax liability, taxpayers do not report whether a thus would not be economically and has a Federal marginal tax rate of charitable donation has given rise to a significant. However, the Treasury 24%, a $1,000 contribution to an state or local tax credit, the extent to Department and the IRS acknowledge organization described in section 170(c) which states would create new tax that there is limited quantitative data that gives rise to a dollar-for-dollar state credit programs and taxpayers would available for purposes of evaluating tax credit in exchange for the make contributions to such programs economic effects. Given the level of contribution yields a combined $1,240 under the baseline or regulations is public interest and engagement, and of tax benefits under the baseline ($240 uncertain, and the extent to which the possible economic and/or behavioral from the deduction under section 170(a) welfare of the ultimate beneficiaries of impact, including to individuals’ and $1,000 from the state tax credit). such charitable contributions or state contribution choices, beyond what can Under the rulemaking with Notice spending is uncertain, the Treasury be reasonably anticipated with 2019–12, the same $1,000 contribution Department and the IRS have not quantitative methods and available data, yields only $1,000 in tax benefits. A quantified the non-revenue economic the final rule has been designated by substantial incentive to give to the effects of the rule. OMB as economically significant, and it organization still exists (as the cost of 2 is therefore subject to the analytical giving is $0), though that incentive is IV. Illustrative Scenarios requirements for an economically reduced because of the rulemaking. For the following illustrative significant rule. In addition, the direct incentive to scenarios, assume the following facts: The Treasury Department and the IRS make contributions to organizations that Charitable organizations A and B are note, however, that the non-revenue do not give rise to state or local tax entities described in section 170(c) and impacts of the final rule could be below credits is unchanged by the rulemaking are equally efficient in providing similar the economically significant threshold, with Notice 2019–12. The reduction in public goods. Contributions to charity A especially when the potential effects are the relative benefit of contributing to are eligible for a dollar-for-dollar state considered in conjunction with Notice organizations that result in state or local tax credit. Contributions to charity B are 2019–12, which is to be issued with the credits might induce some taxpayers to ineligible for this credit but are final rule. The requirements in the contribute to other organizations deductible from state taxable income. Notice have not been finalized or instead. However, this effect may be The taxpayer itemizes deductions, and incorporated into this final rulemaking, modest because the tax benefit of but as noted earlier in this preamble, the donating to an organization eligible for 2 While the illustrative scenarios and the analysis Treasury Department and the IRS a large state tax or local credit is still that follow focuses on individual taxpayers, the anticipate issuing a proposed rule greater than the benefit of donating to final regulations also apply to business taxpayers. Businesses making payments to entities described formalizing the guidance in the Notice another charitable organization. (See in section 170(c), however, may deduct certain of shortly after this final rule is issued. column A versus column B for each these payments as ordinary and necessary business The Treasury Department and the IRS example in Table 1.) Moreover, transfers expenses under section 162. In addition, Rev. Proc. expect that the main effect of this between similar charitable organizations 2019–12, 2019–04 I.R.B. 401, provides safe harbors under section 162 for certain payments by rulemaking with Notice 2019–12 would (or between the state and a charitable businesses. Therefore, the Treasury Department and be to reduce the incentive for individual organization generating a state or local the IRS expect that few business donors would be taxpayers to reallocate state and local tax credit) might have little or no effect impacted by the final regulations.

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these itemized deductions in aggregate absence of the contribution.5 The taxes paid). The federal tax benefit of are at least $1,000 more than the taxpayer’s state tax liability decreased this increase was $228 ($950 multiplied standard deduction. The taxpayer has by $1,000 because of the state tax credit. by the 24 percent federal tax rate), the choice to contribute $1,000 to The combined federal and state tax resulting in a combined federal and charity A, and this $1,000 contribution benefits of the $1,000 contribution were state tax benefit of $278. The net cost to generates a state tax credit of $1,000.3 therefore $1,000, and the cost to the the taxpayer of the $1,000 contribution That is, the tax credit is dollar-for-dollar taxpayer and to the federal government was $722. This is shown in column B but does not otherwise figure into the of making the contribution was $0. This under Prior Law for Example 1 in Table calculation of the taxpayer’s state tax is shown in column A under Prior Law 1 and replicated in the same column for liability. The taxpayer has more than for Example 1 in Table 1 and replicated Example 2. $1,000 of state tax liability, so that the in the same column for Example 2. For a taxpayer subject to the AMT, a taxpayer’s state tax liability is reduced 2. Taxpayer Subject to the AMT $1,000 contribution to charity B yielded by the entire $1,000 of the state tax a combined federal and state benefit of credit. Finally, if the taxpayer makes the If the taxpayer were subject to the $310—the $1,000 contribution $1,000 contribution that generates a AMT under section 55, however, there multiplied by the taxpayer’s marginal state tax credit of $1,000, the taxpayer was a net benefit to the taxpayer from tax rate under the AMT of 26 percent, reduces by $1,000 the withholding and contributions to charity A, which or $260, plus the value of the deduction payments of state tax during the taxable provided state tax credits. State and from state tax, or $50 ($1,000 multiplied year in question. The state tax liability local taxes are not deductible in by the 5 percent state tax rate). The net is therefore reduced by the full amount determining taxable income under the cost to the taxpayer of the $1,000 of the state tax credit in the same AMT, but charitable contributions are contribution was $690. This is shown in taxable year as the contribution is deductible in determining taxable column B under Prior Law for Example made.4 Further assume a taxpayer is in income under the AMT. If the taxpayer 3 in Table 1. the 24 percent federal tax bracket, contributed $1,000, taxable income Contributing to either charity A or itemizes federal tax deductions, and has under the AMT was reduced by $1,000 charity B reduced the taxpayer’s a state tax rate of 5 percent. If the due to the charitable contribution combined federal and state tax liability, taxpayer is subject to the AMT, assume deduction under section 170, but there but the existence of the state tax credit an AMT marginal tax rate of 26 percent. was no corresponding reduction in the for contributions to charity A made deduction for state and local taxes. The Act, this rule, and the safe harbor contributions to that organization more Under an AMT marginal tax rate of 26 for certain individuals described in attractive. This is seen by comparing the percent, the federal tax benefit of this Notice 2019–12 alter the incentives Total Tax Benefit in column A under $1,000 contribution would be $260. some taxpayers face about whether and Prior Law to the corresponding value in Because of the dollar-for-dollar state tax how much to give to organizations that column B for each of the three credit, the taxpayer received a combined receive charitable contributions, as well examples. For taxpayers not subject to federal and state tax benefit of $1,260 as to which organizations. This is the AMT, contributions to charity A for a $1,000 contribution; that is, the illustrated in the following scenarios, yielded a combined federal and state tax taxpayer received $260 more in tax which are also summarized in Table 1. benefit of $1,000, compared to a benefits than the amount of the combined federal and state tax benefit of contribution. This is shown in column A. Prior Law: Section 170 Charitable $278 for a contribution to charity B. The A under Prior Law for Example 3 in Contributions Prior to the Act AMT increased the disparity for Table 1. The tax effects of contributions prior contributions to charity A versus charity to enactment of the Act are illustrated 3. Comparison of Contributions to B, resulting in a combined federal and in the columns labeled ‘‘Prior Law’’ in Different Organizations Under Prior Law state tax benefit of $1,260 for a Table 1. In combination, state and federal tax contribution to charity A versus $310 for a contribution to charity B. 1. Taxpayer Not Subject to the AMT laws generally provide a greater incentive to contribute to organizations B. Examples of Current Law and Prior to enactment of the Act, if the eligible for state tax credits (charity A) Practices Under the Act and Final Rule taxpayer made a $1,000 contribution to than to other organizations (charity B). With Notice 2019–12 charity A that generated a state tax The effects of a contribution to charity credit of $1,000, the deduction for A are described in Parts IV.A1 and The enactment of the SALT limitation charitable contributions under section IV.A2 previously. in the Act has, in limited circumstances, 170(a) increased by $1,000, and the Prior to enactment of the Act, for a altered the federal tax effects of taxpayer’s liability for state and local taxpayer not subject to the AMT, a charitable contributions as described in taxes deductible under section 164 $1,000 contribution to charity B yielded the following examples. These are decreased by $1,000. The taxpayer’s a smaller combined federal and state tax illustrated in the columns labeled itemized deductions, taxable income, benefit than to charity A. The state tax ‘‘Baseline’’ and ‘‘Final Rule with Notice and federal tax liability were unchanged benefit was $50 ($1,000 multiplied by 2019–12’’ in Table 1. from what they would have been in the the 5 percent state tax rate). The 1. Example 1: Taxpayer Is Above the taxpayer’s itemized deductions at the SALT Limitation and Not Subject to the 3 Note that this analysis only addresses state tax federal level increased by $950 (the AMT credits offering a 100% benefit. The results may $1,000 charitable contribution differ for credits offering a lower benefit, but the a. Baseline comparative results of the illustrative examples deduction less the $50 reduction in state would be similar. If a taxpayer who has a state tax 4 The results of the examples are generally 5 This assumes the taxpayer was not subject to liability of more than $1,000 above the unchanged if the taxpayer instead receives the limitations such as the overall limitation on SALT limitation and is not subject to credit as a refund of state taxes paid that were itemized deductions under section 68 or subject to deducted from federal taxable income, as such a percentage limitation for the deduction under the AMT makes a $1,000 contribution to refund would be includible in federal taxable section 170, an assumption that is maintained charity A, the deduction for charitable income in the following year. throughout the succeeding discussion. contributions under section 170(a)

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increases by $1,000, but the deduction 12, the value of a $1,000 contribution to Baseline for Example 2. In this case, the for state and local taxes paid under charity B is $290—the charitable proposed rule has the effect of section 164 is unchanged. contribution deduction from federal tax increasing the taxpayer’s federal taxable Consequently, itemized deductions ($1,000 multiplied by the 24 percent income compared to the baseline if the increase by $1,000, and taxable income federal tax rate, or $240), plus the value taxpayer makes a contribution to charity decreases by $1,000. If the taxpayer is in of the deduction from state tax ($1,000 A. the 24 percent bracket, federal liability multiplied by the 5 percent state tax One commenter to the proposed will decrease by $240, and state tax rate, or $50)—compared to $278 for regulations suggested that Example 2 be liability will decrease by the $1,000 contributions under prior law revised to indicate that the purported state tax credit. The combined federal (described in Part IV.A3 previously). By donation is a tax for purposes of section and state tax benefits of the $1,000 comparison, as shown in the Total Tax 164 if the state is the donee. As noted contribution are therefore $1,240, and Benefit row under the A columns for earlier in the preamble, that issue is the taxpayer receives a $240 net benefit Example 1, a contribution to charity A, outside of the scope of these regulations, while the federal government has a loss eligible for a state tax credit, yields a but the Treasury Department and the of $240. This is shown in column A $1,240 tax benefit under the baseline IRS have issued Notice 2019–12, which under Baseline for Example 1 in Table and a $1,000 benefit under this rule provides a safe harbor for certain 1. with Notice 2019–12. individuals. As described earlier in the preamble, under the safe harbor, an b. Final Rule With Notice 2019–12 2. Example 2: Taxpayer Is Below the individual who itemizes deductions and If the same taxpayer makes the $1,000 SALT Limitation and Not Subject to the who makes a payment to a section contribution to charity A under the rule AMT 170(c) entity in return for a state or local with Notice 2019–12, the entire $1,000 a. Baseline tax credit may treat the portion of such contribution is not deductible under payment that is disallowed as a section 170(a), and the deduction for If a taxpayer who has state and local charitable contribution deduction under state and local taxes paid under section taxes paid below the SALT limitation section 170 as a payment of state or 164 is unchanged due to the SALT and is not subject to the AMT makes the local tax for purposes of section 164. limitation. The taxpayer’s itemized $1,000 contribution to charity A, the This disallowed portion of the payment deductions, taxable income, and federal deduction for charitable contributions may be treated as a payment of state or tax liability are unchanged from what under section 170(a) increases by local tax under section 164 when the they would be in the absence of the $1,000, and the deduction for state and individual applies the credit to offset contribution. The taxpayer’s state tax local taxes paid under section 164 the individual’s state or local tax liability decreases by $1,000 because of decreases by $1,000. The taxpayer’s liability. the state tax credit. The combined itemized deductions, taxable income, Under the final rule with Notice federal and state tax benefits of the and federal tax liability are unchanged 2019–12, if the same taxpayer makes the $1,000 contribution are therefore from what they would be in the absence $1,000 contribution to charity A, the $1,000, or $240 less than under the of the contribution. The taxpayer’s state entire $1,000 contribution is not baseline. This is shown by comparing tax liability decreases by $1,000 because deductible under section 170(a), but the the Total Tax Benefit in column A of the state tax credit. The combined deduction for state and local taxes paid under Final Rule with Notice 2019–12 federal and state tax benefits of the under section 164 is unchanged because with the corresponding value in column $1,000 contribution are therefore of the safe harbor. The taxpayer’s federal A under Baseline for Example 1 in Table $1,000, and the cost to the taxpayer and liability is unchanged. The taxpayer’s 1. However, the benefit of the to the federal government of making the state tax liability decreases by the contribution for this taxpayer is the contribution is $0. This situation is $1,000 state tax credit. The combined same as the taxpayer faced prior to identical to prior law or what the federal and state tax benefits of the enactment of the Act. This is shown by taxpayer faced prior to enactment of the $1,000 contribution are therefore comparing the Total Tax Benefit under Act. This is shown is column A under $1,000, the same as under prior law and column A under Final Rule with Notice Baseline and Prior Law for Example 2 in the baseline. This is shown by 2019–12 with the corresponding value Table 1. comparing the Total Tax Benefit in in column A under Prior Law for b. Final Rule With Notice 2019–12 column A under Final Rule with Notice Example 1 in Table 1. 2019–12 with the corresponding value If the same taxpayer makes the $1,000 in column A under Baseline for c. Comparison of Contributions to contribution to charity A under the Example 2. Different Organizations and Final Rule proposed rule, the entire $1,000 With Notice 2019–12 contribution is not deductible under c. Comparison of Contributions to Under the baseline and this rule with section 170(a), but the deduction for Different Organizations, Under Prior Notice 2019–12, for a taxpayer with state and local taxes paid under section Law, Baseline, and Final Rule With state and local taxes paid over the SALT 164 still decreases by $1,000 because of Notice 2019–12 limitation, the value of a contribution to the $1,000 state tax credit. If the Under the baseline scenario and this charity B, that is a contribution that taxpayer is in the 24 percent bracket, the final rule with Notice 2019–12, the tax results in a one-for-one state income tax federal tax liability will increase by benefit of charitable contributions to deduction and not a state tax credit, is $240. The taxpayer’s state tax liability charity B, which are not eligible for a slightly higher than it was pre-Act. This decreases by the $1,000 state tax credit. state tax credit but are deductible from increase is because the state deduction The combined federal and state tax both federal and state taxable income, is does not reduce the federal deduction benefits of the $1,000 contribution are unchanged from prior law for taxpayers for state and local taxes for a taxpayer therefore $760, or $240 less than the below the SALT limitation. Thus, in this above the SALT limitation. As shown in baseline. This is shown by comparing example, the benefit of making a the Total Tax Benefit row under the B the Total Tax Benefit in column A contribution to charity B remains $278, columns for Example 1, under the under Proposed Rulemaking with the as described previously. This is shown baseline and this rule with Notice 2019– corresponding value in column A under in the Total Tax Benefit row under the

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B columns for Example 2. By c. Comparison of Contributions to state and local taxes treated as paid comparison, as shown in the Total Tax Different Organizations, Under Prior under section 164 decreases by $100, Benefit row under the A columns for Law, Baseline and Final Rule With and the taxpayer’s taxable income Example 2, a $1,000 contribution to Notice 2019–12 decreases by $900. If the taxpayer is in charity A, eligible for a state tax credit, Under the baseline and the final rule the 24 percent bracket, federal tax yields a $1,000 tax benefit under the with Notice 2019–12, the treatment of liability will decrease by $216, and state baseline and under the final rule with charitable contributions that are tax liability will decrease by $100. The Notice 2019–12. Under the final rule deductible from both federal and state combined federal and state tax benefits with Notice 2019–12 contributions to taxable income is unchanged from prior of the $1,000 contribution are therefore charity A are less costly than law for taxpayers subject to the AMT. $316. contributions to charity B in the same This is shown in the B columns for V. Expected Benefits and Costs manner as under prior law for taxpayers Example 3 in Table 1. In this example, with itemized state and local tax the benefit of making a contribution to A. Benefits deductions of $10,000 or less. charity B remains $310, as described This regulation likely reduces 3. Example 3: Taxpayer Is Subject to the previously for contributions under prior economically inefficient choices AMT 6 law. By comparison, a contribution to a motivated by the potential tax benefits charity A, eligible for a state tax credit, available if this regulation were not a. Baseline yields a $1,260 tax benefit under the promulgated. Under the prior law and If a taxpayer subject to the AMT baseline and a $1,000 benefit under the baseline scenarios, state and local makes a $1,000 contribution to charity final rule with Notice 2019–12. This is governments have an incentive to fund A, the contribution reduces the shown in column A under Baseline and governmental activities through entities taxpayer’s taxable income under the Final Rule with Notice 2019–12 for that are eligible to receive deductible AMT by $1,000. Using an AMT Example 3 in Table 1. contributions and to establish tax marginal tax rate of 26 percent, the credits. This incentive is particularly 4. Example 4: State Tax Credit of 15 federal tax benefit of this $1,000 strong under a SALT limitation scenario Percent or Less contribution is $260. Because of the where state and local governments may dollar-for-dollar state tax credit, the Suppose, for this example only, that do so solely to enable some taxpayers to taxpayer would receive a combined contributions to charity A generate a circumvent the SALT limitation. The federal and state tax benefit of $1,260 state tax credit with a rate of 10 percent, final rule with Notice 2019–12 for a $1,000 contribution, or a $260 net instead of 100 percent as described in substantially diminishes this incentive benefit. This result is identical to the Examples 1 through 3. If a taxpayer to engage in economically inefficient result under prior law (prior to makes the $1,000 contribution to charity tax-avoidance behavior. As a result, it is enactment of the Act). This is shown in A under the final rule with Notice expected that fewer such credit the A columns under Baseline and Prior 2019–12, the deduction for charitable programs would be established in the Law for Example 3 in Table 1. contributions under section 170(a) future under the rule than under the increases by $1,000. The deduction b. Final Rule With Notice 2019–12 baseline. under section 170(a) is not reduced by To the extent this result occurs, the If the same taxpayer makes the $1,000 the value of the credit because it does Treasury Department and the IRS contribution to charity A under the final not exceed 15 percent. Thus, the estimate that this rule would reduce the rule with Notice 2019–12, the entire taxpayer’s federal tax liability is the overall complexity burden for states and $1,000 is not deductible under section same under the final regulations as for taxpayers who would otherwise 170(a). Therefore, the taxpayer’s taxable under the baseline. The result is also the make charitable contributions solely for income and federal tax liability under same as it would have been if the the purpose of reducing their state and the AMT would be unchanged from taxpayer’s marginal state tax rate were local tax liability. In addition, the what they would be in the absence of 10 percent and the taxpayer were Treasury Department and the IRS the contribution. The taxpayer’s state allowed a dollar-for-dollar deduction anticipate that the rule will also spare tax liability decreases by $1,000 because from state taxable income instead of a some taxpayers compliance costs of the state tax credit. The combined credit. associated with complex tax planning federal and state tax benefits of the If the taxpayer is above the SALT designed to avoid the SALT limitation. $1,000 contribution are therefore limitation or subject to the AMT, the In addition, the rule is expected to $1,000, or $260 less than under the taxpayer’s taxable income under the make the federal tax system more baseline and under the law prior to regular tax and under the AMT neutral to taxpayers’ decisions regarding enactment of the Act. This is shown by decreases by $1,000. If the taxpayer is making donations to state and local tax comparing the A columns of Example 3 not subject to the AMT and is in the 24 credit programs versus making in Table 1. However, under the rule, percent bracket, federal tax liability will donations to other, similar charitable taxpayers subject to the AMT are in the decrease by $240, and state tax liability organizations that do not give rise to same position as other taxpayers making will decrease by $100. The combined state or local tax credits. Under the a $1,000 contribution to charity A. This federal and state tax benefits of the baseline scenarios, the combined federal is shown by comparing the Total Tax $1,000 contribution are therefore $340. and state tax benefits favor Benefit amount under column A for the If the taxpayer is subject to the AMT contributions to organizations that give Final Rule with Notice 2019–12 for and has an AMT marginal tax rate of 26 rise to a state tax credit for taxpayers, Example 3 to that for Examples 1 and percent, federal tax liability will particularly for taxpayers above the 2. decrease by $260, and state tax liability SALT limitation. Under the final rule will decrease by $100, yielding a and Notice 2019–12, this economic 6 The Act increased the amount of income exempt combined federal and state benefit of distortion is expected to be reduced. from AMT. The Treasury Department estimates that The proposed regulations requested in 2018 only about 150,000 taxpayers will be $360 for the $1,000 contribution. subject to the AMT under the Act, compared to If the taxpayer is below the SALT comments from the public on the more than 5 million under prior law. limitation, the taxpayer’s deduction for potential extent of this expected

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reduction in economic distortion. One rule with Notice 2019–12, taxpayers limited, marginal effect on taxpayer commenter responded that increased making a contribution to an decisions to donate to tax credit neutrality in the treatment of organization described in section 170(c) programs, and the statement that most contributions to organizations that will need to determine the amount of taxpayers have never contributed to qualify for tax credits and those that do any state or local tax credits they such programs. Another commenter not is not a benefit of the rule. The received or expect to receive in order to asserted that the rule would cause states commenter argued that such a reduce their charitable contribution to drop tax credit programs that support conclusion ignores the possibility that deduction under section 170(a). This conservation easements. The commenter tax credit programs provide a social additional step will generate some noted that this was particularly likely to benefit. The conclusion in the proposed additional compliance costs. occur in low-tax states, where more regulations does not ignore the social The compliance burden for recipient taxpayers will have SALT deductions benefits that tax credit programs might organizations that directly issue tax under $10,000. Several other provide. The Treasury Department and credits may increase under the rule. commenters asserted that a substantial the IRS have clarified in Part IV Under section 170(f)(8), in order to take share of donors to tax credit previously that their analysis was a charitable contribution deduction of organizations would be affected by the specific to cases where two $250 or more, a taxpayer must have a rule. organizations, one eligible for tax credits contemporaneous written Based on an analysis of confidential and the other not, are equally efficient acknowledgment (CWA) from the donee taxpayer return data and forecasts using in their provision of similar public entity, usually provided in the form of that data, the Treasury Department and goods. That is, both provide the same a letter. The CWA includes the amount the IRS estimate that this rule will leave social benefit given the same level of received by the entity or a description charitable giving incentives entirely contributions. of property received. The CWA must unchanged for the vast majority of Finally, the final rule provides more also disclose whether the donee taxpayers. The Treasury Department certainty to taxpayers by clarifying the provided any goods or services in and the IRS estimate that, after passage rules governing the amount that they consideration for the contribution and a of the Act (which significantly increased can claim as a charitable contribution description and good faith estimate of the standard deduction), 90 percent of deduction when they receive or expect the value of those goods or services. taxpayers will not claim itemized to receive a state or local tax credit or State and local tax credits are not deductions of any kind. Those taxpayers a state or local tax deduction in generally provided by the donee entity, are entirely unaffected by this rule. exchange for the contribution. but there may be situations in which the Approximately five percent of One commenter asserted that entity would be providing the credit and taxpayers are projected to claim increased certainty is not a benefit of would need to disclose the credit itemized deductions and have state and this rule because other possible rules amount in the CWA provided to the local income tax deductions in excess of could also have provided certainty. donor. The proposed regulations the SALT limitation. Under the rule and While the commenter is correct that requested comments on whether Notice 2019–12, taxpayers in this group rules other than the proposed and final additional guidance is needed on who are not subject to the AMT will rule could also provide certainty, it substantiation and reporting receive the same federal tax treatment remains the case that the proposed and requirements for donors and donees for donating to organizations providing final rule provide the benefit of making or receiving payments or tax credits as they received prior to the certainty, relative to the baseline of no transfers of property in return for state Act, as shown in Example 1 in Table 1 regulatory guidance at all. and local tax credits and the extent to of this special analysis. One commenter suggested that the which entities do provide tax credits Approximately five percent of proposed rule would be beneficial under certain circumstances. As taxpayers are projected to claim because it would promote more efficient mentioned earlier in this preamble, itemized deductions and have SALT state and local spending decisions by some commenters expressed concerns deductions below the limitation. making taxpayers bear more of the true about substantiation of a charitable Taxpayers in this group who are not cost of those decisions. The SALT contribution when the donee does not subject to the AMT would have faced limitation imposed by the Act reduced know whether the donor receives or smaller incentives to donate to the federal subsidy of state and local expects to receive a state or local tax organizations resulting in state or local spending, and the rule is consistent credit. If a donee is not the entity tax credits in excess of 15 percent under with this purpose of the Act provision. providing the credit, the CWA rules do the proposed rule. However, these The reduction in the subsidy has the not require that the amount of the credit taxpayers will receive the same federal potential to make state spending be reported in the acknowledgment. tax benefits for cash contributions under decisions more efficient. This mitigates the compliance burden the final rule and Notice 2019–12 as for these entities. B. Costs The proposed regulations requested they received prior to the Act and under The rule may result in some increase the baseline, as described in Example 2 comments as to how the rule might alter 7 in compliance costs for taxpayers who incentives regarding contributions to in Table 1 of this special analysis. make contributions that generate state or state and local tax credit programs. As It is the case that, for taxpayers local tax credits. Under the baseline, for mentioned previously in the preamble, subject to the AMT, the cost of giving to purposes of the charitable contribution many commenters expressed concern state and local credit organizations is deduction under section 170(a), that the rule would result in an overall higher under the rule with Notice 2019– taxpayers did not need to address state decline in charitable giving and in 12 than under the baseline and under or local tax credits received or expected declines in charitable giving to entities prior law. The Treasury Department and to be received for purposes of claiming or causes they deem to be particularly the IRS estimate that fewer than 150,000 a charitable contribution; however, they meritorious. One commenter expressed 7 Taxpayers who contribute property do not would know the amount of credits concern about the lack of evidence satisfy the requirements of the safe harbor provided received as part of the filing process for provided in support of the statement in Notice 2019–12 and may be impacted by the final state returns. In contrast, under the final that this rule will have at most a highly regulations.

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taxpayers (less than 0.1 percent of entitle them to state and local tax credits this special analysis, the cost of taxpayers) will be subject to the AMT of greater than 15 percent. (The tax data contributing to an organization resulting and claim itemized deductions after do not indicate whether a taxpayer has in a 100 percent state tax credit will be enactment of the Act. These taxpayers made a contribution that generated a zero for these taxpayers, as it is for other could be affected by the final rule, but state or local tax credit.) However, as taxpayers under the final rule with only if they contribute to programs that described in Example 3 in Table 1 of Notice 2019–12. TABLE 1—TAX TREATMENT OF $1,000 CONTRIBUTION TO (A) ORGANIZATION THAT GIVES RISE TO $1,000 STATE TAX CREDIT AND (B) ORGANIZATION FOR WHICH CONTRIBUTION IS DEDUCTIBLE AT THE STATE LEVEL

Prior law Baseline Proposed rulemaking Final rule with notice Change in 2019–12 A B A B A B A B

Example 1: Taxpayer Above the SALT Limitation, Not Subject to the AMT; Taxpayer Remains Above SALT Limitation After Contribution

State Income Tax Liability ...... ¥1,000 ¥50 ¥1,000 ¥50 ¥1,000 ¥50 ¥1,000 ¥50 Federal Income Tax: Charitable Contribution Deduction ...... 1,000 1,000 1,000 1,000 0 1,000 0 1,000 Deduction for State and Local Taxes ...... ¥1,000 ¥50 0 0 0 0 0 0 Itemized Deductions ...... 0 950 1,000 1,000 0 1,000 0 1,000 Taxable Income ...... 0 ¥950 ¥1,000 ¥1,000 0 ¥1,000 0 ¥1,000 Federal Tax Liability ...... 0 ¥228 ¥240 ¥240 0 ¥240 0 ¥240 Total Tax Benefit (Federal + State) ...... 1,000 278 1,240 290 1,000 290 1,000 290 Net Cost to Taxpayer of $1,000 Contribution ... 0 722 ¥240 710 0 710 0 710

Example 2: Taxpayer Below the SALT Limitation, Not Subject to the AMT

State Income Tax Liability ...... ¥1,000 ¥50 ¥1,000 ¥50 ¥1,000 ¥50 ¥1,000 ¥50 Federal Income Tax: Charitable Contribution Deduction ...... 1,000 1,000 1,000 1,000 0 1,000 0 1,000 Deduction for State and Local Taxes ...... ¥1,000 ¥50 ¥1,000 ¥50 ¥1,000 ¥50 0 ¥50 Itemized Deductions ...... 0 950 0 950 ¥1,000 950 0 950 Taxable Income ...... 0 ¥950 0 ¥950 1,000 ¥950 0 ¥950 Federal Tax Liability ...... 0 ¥228 0 ¥228 240 ¥228 0 ¥228 Total Tax Benefit (Federal + State) ...... 1,000 278 1,000 278 760 278 1,000 278 Net Cost to Taxpayer of $1,000 Contribution ... 0 722 0 722 240 722 0 722

Example 3: Taxpayer Subject to the AMT

State Income Tax Liability ...... ¥1,000 ¥50 ¥1,000 ¥50 ¥1,000 ¥50 ¥1,000 ¥50 Federal Income Tax: Alternative Minimum Taxable Income ...... ¥1,000 ¥1,000 ¥1,000 ¥1,000 0 ¥1,000 0 ¥1,000 Federal Tax Liability ...... ¥260 ¥260 ¥260 ¥260 0 ¥260 0 ¥260 Total Tax Benefit (Federal + State) ...... 1,260 310 1,260 310 1,000 310 1,000 310 Net Cost to Taxpayer of $1,000 Contribution ... ¥260 690 ¥260 690 0 690 0 690 Assumptions: The taxpayer itemizes deductions and has more than $1,000 of state tax liability. Under prior law, the taxpayer is not subject to the overall limitation on itemized deductions under section 68. The taxpayer faces a 24 percent marginal rate under the Federal income tax. If the taxpayer is subject to the AMT, the tax- payer faces a 26 percent marginal rate. A $1,000 contribution to charitable organization A generates a $1,000 state tax credit. A $1,000 contribution to charitable or- ganization B is ineligible for a state tax credit but is deductible under the state’s income tax. The taxpayer faces a 5 percent marginal rate under the state’s income tax. The baseline assumes continuation of the IRS administrative position that state and local tax credits are not reflected as a return benefit or consideration and therefore do not reduce the taxpayer’s charitable contribution deduction under section 170(a). Total Tax Benefit refers to the absolute value of the reduction of the taxpayer’s combined federal and state tax liability.

Regulatory Flexibility Act subtracting the amount of the credit result in expenditures in any one year As noted previously, pursuant to the from the amount contributed, in order to by a state, local, or tribal government, in RFA (5 U.S.C. chapter 6), it is hereby determine the deduction allowed under the aggregate, or by the private sector, of certified that this rule will not have a section 170. There is no collection of $100 million in 1995 dollars, updated significant economic impact on a information requirement on small annually for inflation. In 2018, that substantial number of small entities. entities. Therefore, a regulatory threshold is approximately $150 This certification is based on the fact flexibility analysis is not required. million. This rule does not include any that the regulations primarily affect Pursuant to section 7805(f), the Federal mandate that may result in individuals. It is possible for a small proposed regulations were submitted to expenditures by state, local, or tribal business donor to be affected by this the Chief Counsel for Advocacy of the governments, or by the private sector in rule. However, small entities will often Small Business Administration for excess of that threshold. comment on its impact on small be able to claim a business expense Executive Order 13132: Federalism deduction instead of a charitable businesses, and no comments were donation, and would therefore be received. Executive Order 13132 (entitled unaffected by the rule. For the very few Unfunded Mandates Reform Act ‘‘Federalism’’) prohibits an agency from small entity donors that might publishing any rule that has federalism nevertheless choose to claim a Section 202 of the Unfunded implications if the rule either imposes charitable donation deduction and Mandates Reform Act of 1995 (UMRA) substantial, direct compliance costs on might be directly affected by the requires that agencies assess anticipated state and local governments, and is not regulation, there is no significant costs and benefits and take certain other required by statute, or preempts state economic impact. The rule would actions before issuing a final rule that law, unless the agency meets the impose only nominal costs of includes any Federal mandate that may consultation and funding requirements

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of section 6 of the Executive Order. This the use of an entity described in section regardless of whether A is able to claim the final rule does not have federalism 170(c), and the taxpayer receives or state tax credit in that year. Thus, A’s implications and does not impose expects to receive state or local tax charitable contribution deduction for the substantial direct compliance costs on deductions that do not exceed the $1,000 payment to X may not exceed $300. state and local governments or preempt amount of the taxpayer’s payment or the (B) Example 2. B, an individual, transfers state law within the meaning of the fair market value of the property a painting to Y, an entity described in section Executive Order. transferred by the taxpayer to the entity, 170(c). At the time of the transfer, the the taxpayer is not required to reduce its painting has a fair market value of $100,000. Congressional Review Act charitable contribution deduction under In exchange for the painting, B receives or The Administrator of the Office of section 170(a) on account of the state or expects to receive a state tax credit equal to Information and Regulatory Affairs of local tax deductions. 10 percent of the fair market value of the the Office of Management and Budget (B) Excess state or local tax painting. Under paragraph (h)(3)(vi) of this has determined that this is a major rule deductions. If the taxpayer receives or section, B is not required to apply the general for purposes of the Congressional expects to receive a state or local tax rule of paragraph (h)(3)(i) of this section Review Act (CRA) (5 U.S.C. 801 et seq.). deduction that exceeds the amount of because the amount of the tax credit received or expected to be received by B does not Drafting Information the taxpayer’s payment or the fair market value of the property transferred, exceed 15 percent of the fair market value of The principal authors of these the taxpayer’s charitable contribution the property transferred to Y. Accordingly, regulations are personnel from the deduction under section 170(a) is the amount of B’s charitable contribution Office of the Associate Chief Counsel reduced. deduction for the transfer of the painting is (Income Tax and Accounting). However, (iii) In consideration for. For purposes not reduced under paragraph (h)(3)(i) of this other personnel from the IRS and the of paragraph (h)(3)(i) of this section, the section. Treasury Department participated in term in consideration for shall have the (C) Example 3. C, an individual, makes a their development. meaning set forth in § 1.170A–13(f)(6), payment of $1,000 to Z, an entity described List of Subjects in 26 CFR Part 1 except that the state or local tax credit in section 170(c). In exchange for the need not be provided by the donee payment, under state M law, C is entitled to Income taxes, Reporting and organization. receive a state tax deduction equal to the recordkeeping requirements. (iv) Amount of reduction. For amount paid by C to Z. Under paragraph Adoption of Amendments to the purposes of paragraph (h)(3)(i) of this (h)(3)(ii)(A) of this section, C’s charitable Regulations section, the amount of any state or local contribution deduction under section 170(a) tax credit is the maximum credit is not required to be reduced on account of Accordingly, 26 CFR part 1 is allowable that corresponds to the C’s state tax deduction for C’s payment to Z. amended as follows: amount of the taxpayer’s payment or (viii) Effective/applicability date. This PART 1—INCOME TAXES transfer to the entity described in section 170(c). paragraph (h)(3) applies to amounts paid or property transferred by a ■ (v) State or local tax. For purposes of Paragraph 1. The authority citation taxpayer after August 27, 2018. for part 1 continues to read in part as paragraph (h)(3) of this section, the term follows: state or local tax means a tax imposed * * * * * by a State, a possession of the United Authority: 26 U.S.C. 7805 * * * States, or by a political subdivision of § 1.170A–13 [Amended] ■ Par. 2. Section 1.170A–1 is amended any of the foregoing, or by the District ■ Par. 3. Section 1.170A–13 is amended by redesignating paragraphs (h)(3) of Columbia. in paragraph (f)(7) by removing the through (5) as paragraphs (h)(4) through (vi) Exception. Paragraph (h)(3)(i) of cross-reference ‘‘§ 1.170A–1(h)(4)’’ and (6), and adding a new paragraph (h)(3) this section shall not apply to any adding in its place ‘‘§ 1.170A–1(h)(5)’’. to read as follows: payment or transfer of property if the total amount of the state and local tax ■ Par. 4. Section 1.642(c)–3 is amended § 1.170A–1 Charitable, etc., contributions by adding paragraph (g) to read as and gifts; allowance of deduction. credits received or expected to be received by the taxpayer is 15 percent follows: * * * * * or less of the taxpayer’s payment, or 15 (h) * * * percent or less of the fair market value § 1.642(c)–3 Adjustments and other (3) Payments resulting in state or local of the property transferred by the special rules for determining unlimited charitable contributions deduction. tax benefits—(i) State or local tax taxpayer. credits. Except as provided in paragraph (vii) Examples. The following * * * * * (h)(3)(vi) of this section, if a taxpayer examples illustrate the provisions of (g) Payments resulting in state or local makes a payment or transfers property this paragraph (h)(3). The examples in tax benefits—(1) In general. If the trust to or for the use of an entity described paragraph (h)(6) of this section are not or decedent’s estate makes a payment of in section 170(c), the amount of the illustrative for purposes of this gross income for a purpose specified in taxpayer’s charitable contribution paragraph (h)(3). deduction under section 170(a) is section 170(c), and the trust or reduced by the amount of any state or (A) Example 1. A, an individual, makes a decedent’s estate receives or expects to local tax credit that the taxpayer payment of $1,000 to X, an entity described receive a state or local tax benefit in in section 170(c). In exchange for the receives or expects to receive in consideration for such payment, payment, A receives or expects to receive a § 1.170A–1(h)(3) applies in determining consideration for the taxpayer’s state tax credit of 70 percent of the amount payment or transfer. the charitable contribution deduction of A’s payment to X. Under paragraph under section 642(c). (ii) State or local tax deductions—(A) (h)(3)(i) of this section, A’s charitable In general. If a taxpayer makes a contribution deduction is reduced by $700 (2) Effective/applicability date. payment or transfers property to or for (0.70 × $1,000). This reduction occurs Paragraph (g)(1) of this section applies

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to payments of gross income after Broadcast Notice to Mariners. The San Patrol shall obey the order or direction. August 27, 2018. Francisco Giants Fireworks Display will The PATCOM or Official Patrol may, commence at the conclusion of the San upon request, allow the transit of Kirsten Wielobob, Francisco Giants game, but will not commercial vessels through regulated Deputy Commissioner for Services and commence later than 11:30 p.m. on June areas when it is safe to do so. Enforcement. 14, 2019. This notice is issued under If the Captain of the Port determines Approved: June 3, 2019. authority of 46 U.S.C. 70034, 70051; 33 that the regulated area need not be David J. Kautter, CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; enforced for the full duration stated in Assistant Secretary of the Treasury (Tax Department of Homeland Security this notice, a Broadcast Notice to Policy). Delegation No. 0170.1. Mariners may be used to grant general [FR Doc. 2019–12418 Filed 6–11–19; 4:15 pm] The safety zone will extend to all permission to enter the regulated area. navigable waters of the San Francisco BILLING CODE 4830–01–P Dated: June 6, 2019. Bay, from surface to bottom, within a circle formed by connecting all points Marie B. Byrd, 100 feet out from the fireworks barge Captain, U.S. Coast Guard, Captain of the DEPARTMENT OF HOMELAND Port, San Francisco. SECURITY during the loading, transit, and arrival of the fireworks barge from the loading [FR Doc. 2019–12468 Filed 6–12–19; 8:45 am] Coast Guard location to the display location and BILLING CODE 9110–04–P until the start of the fireworks display. 33 CFR Part 165 From 11 a.m. on June 14, 2019 until 5 p.m. on June 14, 2019, the fireworks DEPARTMENT OF HOMELAND [Docket No. USCG–2019–0336] barge will be loading pyrotechnics from SECURITY Pier 50 in San Francisco, CA. The Safety Zone; San Francisco Giants Coast Guard fireworks barge will remain at the Fireworks Display, San Francisco Bay, loading location until its transit to the San Francisco, CA 33 CFR Part 165 display location. From 8:30 p.m. to 9 AGENCY: Coast Guard, DHS. p.m. on June 14, 2019 the loaded [Docket Number USCG–2019–0221] ACTION: Notice of enforcement of fireworks barge will transit from Pier 50 RIN 1625–AA00 regulation. to the launch site near Pier 48 in approximate position 37°46′36″ N, Safety Zone for Fireworks Display; ° ′ ″ SUMMARY: The Coast Guard will enforce 122 22 56 W (NAD 83) where it will Upper Potomac River, Washington, DC the safety zone for the San Francisco remain until the conclusion of the Giants Fireworks Display in the Captain fireworks display. Upon the AGENCY: Coast Guard, DHS. of the Port, San Francisco area of commencement of the 15-minute ACTION: Temporary final rule. responsibility during the dates and fireworks display, scheduled to begin at times noted below. This action is the conclusion of the baseball game, SUMMARY: The Coast Guard is necessary to protect life and property of between approximately 10 p.m. and establishing a temporary safety zone for the maritime public from the hazards 11:30 p.m. on June 14, 2019, the safety certain waters of the Upper Potomac associated with the fireworks display. zone will increase in size and River. This action is necessary to During the enforcement period, encompass all navigable waters of the provide for the safety of life on these unauthorized persons or vessels are San Francisco Bay, from surface to navigable waters of the Upper Potomac prohibited from entering into, transiting bottom, within a circle formed by River at Washington, DC, during a through, or anchoring in the safety zone, connecting all points 700 feet out from fireworks display on July 4, 2019 (with unless authorized by the Patrol the fireworks barge near Pier 48 in alternate date of July 5, 2019). This Commander (PATCOM) or other federal, approximate position 37°46′36″ N, regulation prohibits persons and vessels state, or local law enforcement agencies 122°22′56″ W (NAD 83). This safety from being in the safety zone unless on scene to assist the Coast Guard in zone will be in effect from 11 a.m. on authorized by the Captain of the Port enforcing the regulated area. June 14, 2019 until 12:15 a.m. on June Maryland-National Capital Region or a designated representative. DATES: The regulation in 33 CFR 15, 2019, or as announced via Broadcast 165.1191, Table 1, Item number 1, will Notice to Mariners. DATES: This rule is effective from 8 p.m. In addition to this notice in the be enforced from 11 a.m. on June 14, on July 4, 2019, through 10:30 p.m. on Federal Register, the Coast Guard plans 2019, through 12:15 a.m. on June 15, July 5, 2019. to provide notification of the safety zone 2019, or as announced via Broadcast ADDRESSES: To view documents and its enforcement period via the Local Notice to Mariners. mentioned in this preamble as being Notice to Mariners. FOR FURTHER INFORMATION CONTACT: If Under the provisions of 33 CFR available in the docket, go to https:// you have questions on this notice, call 165.1191, unauthorized persons or www.regulations.gov, type USCG–2019– or email Lieutenant Junior Grade Jennae vessels are prohibited from entering 0221 in the ‘‘SEARCH’’ box and click N. Cotton, Waterways Management, U.S. into, transiting through, or anchoring in ‘‘SEARCH.’’ Click on Open Docket Coast Guard Sector San Francisco; the safety zone during all applicable Folder on the line associated with this telephone (415) 399–3585, email effective dates and times, unless rule. [email protected]. authorized to do so by the PATCOM or FOR FURTHER INFORMATION CONTACT: If SUPPLEMENTARY INFORMATION: The Coast other Official Patrol defined as a federal, you have questions on this rule, call or Guard will enforce the safety zone state, or local law enforcement agency email Mr. Ron Houck, Sector Maryland- established in 33 CFR 165.1191 Table 1, on scene to assist the Coast Guard in National Capital Region Waterways Item number 1 for the San Francisco enforcing the regulated area. Management Division, U.S. Coast Giants Fireworks Display from 11 a.m. Additionally, each person who receives Guard; telephone 410–576–2674, email on June 14, 2019 until 12:15 a.m. on notice of a lawful order or direction [email protected]. June 15, 2019, or as announced via issued by the PATCOM or Official SUPPLEMENTARY INFORMATION:

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I. Table of Abbreviations IV. Discussion of Comments, Changes, B. Impact on Small Entities and the Rule CFR Code of Federal Regulations The Regulatory Flexibility Act of COTP Captain of the Port As noted above, we received one 1980, 5 U.S.C. 601–612, as amended, DHS Department of Homeland Security comment on our NPRM published April requires Federal agencies to consider FR Federal Register 29, 2019. The comment was in support the potential impact of regulations on NPRM Notice of proposed rulemaking of the Coast Guard’s rulemaking. There small entities during rulemaking. The § Section are no changes in the regulatory text of term ‘‘small entities’’ comprises small U.S.C. United States Code this rule from the proposed rule in the businesses, not-for-profit organizations NPRM. that are independently owned and II. Background Information and This rule establishes a safety zone that operated and are not dominant in their Regulatory History the Coast Guard will enforce from 8 fields, and governmental jurisdictions p.m. to 10:30 p.m. on July 4, 2019 (or, with populations of less than 50,000. The National Park Service will be alternatively, during those same hours conducting a fireworks display, The Coast Guard received no comments on July 5th). The safety zone will cover from the Small Business Administration launched from the West Potomac Park, all navigable waters of the Upper adjacent to the Upper Potomac River in on this rulemaking. The Coast Guard Potomac River, including the Tidal certifies under 5 U.S.C. 605(b) that this Washington, DC, between 9:07 p.m. and Basin, within 1,000 feet of the fireworks 9:27 p.m. on July 4, 2019. In the event rule will not have a significant discharge site at West Potomac Park in economic impact on a substantial of inclement weather on July 4th, the approximate position latitude fireworks display will be launched from ° ′ ″ ° ′ ″ number of small entities. 38 53 07.1 N, longitude 077 02 49.5 While some owners or operators of the same location, during those same W, located at Washington, DC. The vessels intending to transit the safety times, on July 5, 2019. The COTP duration of the zone is intended to zone may be small entities, for the Maryland-National Capital Region has ensure the safety of vessels and these reasons stated in section V.A above, this determined that the display poses a navigable waters before, during, and rule will not have a significant safety concern for anyone within 1,000 after the scheduled fireworks display. economic impact on any vessel owner feet of the fireworks discharge site—the No vessel or person will be permitted to or operator. potential exists for accidental discharge enter the safety zone without obtaining Under section 213(a) of the Small of fireworks, dangerous projectiles, and permission from the COTP or a Business Regulatory Enforcement falling hot embers or other debris. Due designated representative. Fairness Act of 1996 (Pub. L. 104–121), to these safety concerns, on April 29, V. Regulatory Analyses we want to assist small entities in 2019, the Coast Guard published a We developed this rule after understanding this rule. If the rule notice of proposed rulemaking (NPRM), would affect your small business, ‘‘Safety Zone for Fireworks Display; considering numerous statutes and Executive orders related to rulemaking. organization, or governmental Upper Potomac River, Washington, DC’’ jurisdiction and you have questions (84 FR 17984). There we stated why we Below we summarize our analyses based on a number of these statutes and concerning its provisions or options for issued the NPRM, and invited compliance, please contact the person comments on our proposal to create a Executive orders, and we discuss First Amendment rights of protestors. listed in the FOR FURTHER INFORMATION safety zone in association with this CONTACT section. fireworks display. During the comment A. Regulatory Planning and Review Small businesses may send comments period that ended May 29, 2019, we Executive Orders 12866 and 13563 on the actions of Federal employees received one comment. direct agencies to assess the costs and who enforce, or otherwise determine Under 5 U.S.C. 553(d)(3), the Coast benefits of available regulatory compliance with, Federal regulations to Guard finds that good cause exists for alternatives and, if regulation is the Small Business and Agriculture making this rule effective less than 30 necessary, to select regulatory Regulatory Enforcement Ombudsman days after publication in the Federal approaches that maximize net benefits. and the Regional Small Business Register. Delaying the effective date of Executive Order 13771 directs agencies Regulatory Fairness Boards. The this rule would be impracticable and to control regulatory costs through a Ombudsman evaluates these actions contrary to the public interest because budgeting process. This rule has not annually and rates each agency’s immediate action is needed to respond been designated a ‘‘significant responsiveness to small business. If you to the potential safety hazards regulatory action,’’ under Executive wish to comment on actions by associated with the fireworks display. Order 12866. Accordingly, this rule has employees of the Coast Guard, call not been reviewed by the Office of 1–888–REG–FAIR (1–888–734–3247). III. Legal Authority and Need for Rule Management and Budget (OMB), and The Coast Guard will not retaliate pursuant to OMB guidance it is exempt against small entities that question or The Coast Guard is issuing this rule from the requirements of Executive complain about this rule or any policy under authority in 46 U.S.C. 70034 Order 13771. or action of the Coast Guard. (previously 33 U.S.C. 1231). The This regulatory action determination Captain of the Port Maryland-National is based on the size, duration, and time- C. Collection of Information Capital Region (COTP) has determined of-day of the safety zone. Vessel traffic This rule will not call for a new that potential hazards associated with will be able to safely transit around this collection of information under the the fireworks to be used in this July 4, safety zone which will impact a small Paperwork Reduction Act of 1995 (44 2019, display will be a safety concern designated area of the Upper Potomac U.S.C. 3501–3520). for anyone within 1,000 feet of the River for less than 3 hours during the fireworks discharge site. The purpose of evening when vessel traffic is normally D. Federalism and Indian Tribal this rule is to ensure safety of vessels low. Moreover, the Coast Guard will Governments and the navigable waters in the safety issue a Broadcast Notice to Mariners via A rule has implications for federalism zone before, during, and after the VHF–FM marine channel 16 about the under Executive Order 13132, scheduled event. zone. Federalism, if it has a substantial direct

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effect on the States, on the relationship G. Protest Activities (2) To seek permission to enter, between the national government and The Coast Guard respects the First contact the COTP or the COTP’s the States, or on the distribution of Amendment rights of protesters. designated representative by telephone power and responsibilities among the Protesters are asked to contact the at 410–576–2693 or on Marine Band Radio VHF–FM channel 16 (156.8 various levels of government. We have person listed in the FOR FURTHER MHz). The Coast Guard vessels analyzed this rule under that Order and INFORMATION CONTACT section to have determined that it is consistent coordinate protest activities so that your enforcing this section can be contacted with the fundamental federalism message can be received without on Marine Band Radio VHF–FM principles and preemption requirements jeopardizing the safety or security of channel 16 (156.8 MHz). (3) Those in the safety zone must described in Executive Order 13132. people, places or vessels. comply with all lawful orders or Also, this rule does not have tribal List of Subjects in 33 CFR Part 165 directions given to them by the COTP or implications under Executive Order Harbors, Marine safety, Navigation the COTP’s designated representative. 13175, Consultation and Coordination (d) Enforcement officials. The U.S. (water), Reporting and recordkeeping with Indian Tribal Governments, Coast Guard may be assisted in the requirements, Security measures, because it does not have a substantial patrol and enforcement of the safety Waterways. direct effect on one or more Indian zone by Federal, State, and local tribes, on the relationship between the For the reasons discussed in the agencies. Federal Government and Indian tribes, preamble, the Coast Guard amends 33 (e) Enforcement period. This section or on the distribution of power and CFR part 165 as follows: will be enforced from 8 p.m. to 10:30 responsibilities between the Federal p.m. on July 4, 2019, or if necessary due Government and Indian tribes. If you PART 165—REGULATED NAVIGATION to inclement weather, from 8 p.m. to believe this rule has implications for AREAS AND LIMITED ACCESS 10:30 p.m. on July 5, 2019. federalism or Indian tribes, please ■ Dated: June 10, 2019. contact the person listed in the FOR 1. The authority citation for part 165 FURTHER INFORMATION CONTACT section. continues to read as follows: Joseph B. Loring, Authority: 46 U.S.C. 70034, 70051; 33 CFR Captain, U.S. Coast Guard, Captain of the E. Unfunded Mandates Reform Act 1.05–1, 6.04–1, 6.04–6, and 160.5; Port Maryland-National Capital Region. Department of Homeland Security Delegation [FR Doc. 2019–12508 Filed 6–12–19; 8:45 am] The Unfunded Mandates Reform Act No. 0170.1. of 1995 (2 U.S.C. 1531–1538) requires BILLING CODE 9110–04–P ■ Federal agencies to assess the effects of 2. Add § 165.T05–0221 to read as their discretionary regulatory actions. In follows: particular, the Act addresses actions ENVIRONMENTAL PROTECTION § 165.T05–0221 Safety Zone for Fireworks AGENCY that may result in the expenditure by a Display; Upper Potomac River, Washington, State, local, or tribal government, in the DC. 40 CFR Part 355 aggregate, or by the private sector of (a) Location. The following area is a $100,000,000 (adjusted for inflation) or safety zone: All navigable waters of the [EPA–HQ–OLEM–2018–0318; FRL–9995– 03–OLEM] more in any one year. Though this rule Upper Potomac River, including the will not result in such an expenditure, Tidal Basin, within 1,000 feet of the RIN 2050–AH00 we do discuss the effects of this rule fireworks discharge site at West elsewhere in this preamble. Potomac Park in approximate position Amendment to Emergency Release ° ′ ″ Notification Regulations on Reporting F. Environment latitude 38 53 07.1 N, longitude 077°02′49.5″ W, located at Washington, Exemption for Air Emissions From We have analyzed this rule under DC. All coordinates refer to datum NAD Animal Waste at Farms; Emergency Department of Homeland Security 1983. Planning and Community Right-to- Directive 023–01 and Environmental (b) Definitions. As used in this Know Act Planning COMDTINST 5090.1 (series), section: AGENCY: Environmental Protection which guide the Coast Guard in (1) Captain of the Port (COTP) means Agency (EPA). complying with the National the Commander, U.S. Coast Guard ACTION: Final rule. Environmental Policy Act of 1969 (42 Sector Maryland-National Capital U.S.C. 4321–4370f), and have Region. SUMMARY: The Environmental Protection determined that this action is one of a (2) Designated representative means Agency (EPA or the Agency) is category of actions that do not any Coast Guard commissioned, amending the release notification individually or cumulatively have a warrant, or petty officer who has been regulations under the Emergency significant effect on the human authorized by the Captain of the Port Planning and Community Right-to- environment. This rule involves a safety Maryland-National Capital Region to Know Act (EPCRA) to add the reporting zone lasting 2.5 hours that will prohibit assist in enforcing the safety zone exemption for air emissions from animal entry within a portion of the Upper described in paragraph (a) of this waste at farms provided in section Potomac River, including the Tidal section. 103(e) of the Comprehensive Basin, in Washington, DC. It is (c) Regulations. (1) Under the general Environmental Response, Compensation categorically excluded from further safety zone regulations in subpart C of and Liability Act (CERCLA). In addition, review under paragraph L60(a) in Table this part, you may not enter the safety EPA is adding definitions of ‘‘animal 3–1 of U.S. Coast Guard Environmental zone described in paragraph (a) of this waste’’ and ‘‘farm’’ to the EPCRA Planning Implementing Procedures section unless authorized by the COTP regulations to delineate the scope of this 5090.1. A Record of Environmental or the COTP’s designated representative. reporting exemption. This amendment Consideration supporting this All vessels underway within this safety maintains consistency between the determination is available in the docket zone at the time it is activated are to emergency release notification where indicated under ADDRESSES. depart the zone. requirements of EPCRA and CERCLA in

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accordance with the statutory text, e.g., CBI or other information whose Emergency Management, 1200 framework and legislative history of disclosure is restricted by statute. Pennsylvania Ave. NW, (Mail Code EPCRA, and is consistent with the Certain other material, such as 5104A), Washington, DC 20460; Agency’s prior regulatory actions. copyrighted material, is not placed on telephone number: (202) 564–8019; DATES: This final rule is effective July the internet and will be publicly email address: [email protected]. 15, 2019. available only in hard copy form. SUPPLEMENTARY INFORMATION: ADDRESSES: The EPA has established a Publicly available docket materials are docket for this action under Docket ID available electronically through http:// I. General Information No. EPA–HQ–OLEM–2018–0318. All www.regulations.gov. A. Does this action apply to me? documents in the docket are listed on the http://www.regulations.gov website. FOR FURTHER INFORMATION CONTACT: Sicy A list of entities that could be affected Although listed in the index, some Jacob, United States Environmental by this final rule include, but are not information is not publicly available, Protection Agency, Office of Land and necessarily limited to:

Type of entity Examples of affected entities

Industry ...... NAICS code 111—Crop production. NAICS code 112—Animal production. States and/or Local Governments ...... NAICS code 999200—State Government, excluding schools and hospitals. NAICS code 999300—Local Government, excluding schools and hospitals. State Emergency Response Commissions, Tribal Emergency Response Commissions, Tribal Emergency Planning Committees and Local Emergency Planning Committees.

This table is not intended to be D. What is the background of this final for any area likely to be affected by the exhaustive, but rather provide a guide rule? release so that state and local authorities have information to help protect the for readers regarding the types of Section 103 of CERCLA requires the community. entities that EPA is aware could be person in charge of a vessel or facility Release reporting under EPCRA involved in the activities affected by to immediately notify the National depends, in part, on whether reporting this action. However, other types of Response Center (NRC) when there is a is required under CERCLA.2 entities not listed in this table could be release of a hazardous substance, as Specifically, EPCRA section 304(a) affected by this final rule. To determine defined under CERCLA section 101(14), provides for reporting under the whether your entity is affected by this in an amount equal to or greater than following three release scenarios: action, you should carefully examine the reportable quantity for that • EPCRA section 304(a)(1) requires the applicability criteria found in substance within a 24-hour period. In notification if a release of an EPCRA § 355.30 of title 40 of the Code of addition to these CERCLA reporting EHS occurs from a facility at which a Federal Regulations (CFR). If you have requirements, EPCRA section 304 hazardous chemical is produced, used requires owners or operators of certain questions regarding the applicability of or stored, and such release requires a facilities to immediately notify state and this action to a particular entity, consult notification under CERCLA section local authorities when there is a release the person listed in the FOR FURTHER 103(a). of an extremely hazardous substance INFORMATION CONTACT section. • EPCRA section 304(a)(2) requires (EHS), as defined under EPCRA section notification if a release of an EPCRA B. What action is the Agency taking? 302, or of a CERCLA hazardous EHS occurs from a facility at which a substance in an amount equal to or The EPA is amending the EPCRA hazardous chemical is produced, used greater than the reportable quantity for emergency release notification or stored, and such release is not subject that substance within a 24-hour period. regulations to include the reporting to the notification requirements under EPCRA and CERCLA are two separate exemption for air emissions from animal CERCLA section 103(a), but only if the but interrelated environmental laws that waste at farms provided in CERCLA release: work together to provide emergency Æ Is not a federally permitted release section 103(e). In addition, EPA is release notifications to Federal, state adding definitions of ‘‘animal waste’’ as defined in CERCLA section 101(10), and local officials. Notice given to the Æ and ‘‘farm’’ to the EPCRA regulations to Is in an amount in excess of the NRC under CERCLA serves to inform reportable quantity as determined by delineate the scope of this reporting the Federal government of a release so exemption. EPA, and that Federal personnel can evaluate the Æ Occurs in a manner that would C. What is the Agency’s authority for need for a response in accordance with require notification under CERCLA the National Oil and Hazardous section 103(a). taking this action? 1 Substances Contingency Plan (NCP), • EPCRA section 304(a)(3) requires This final rule is being issued under the Federal government’s framework for notification if a release of a substance EPCRA, which was enacted as Title III responding to both oil discharges and not designated as an EPCRA EHS occurs of the Superfund Amendments and hazardous substance releases. Relatedly, from a facility at which a hazardous Reauthorization Act (SARA) of 1986 notice under EPCRA is given to the chemical is produced, used or stored, (Pub. L. 99–499). EPA finalizes this State Emergency Response Commission and such release requires a notification action under the authority of EPCRA (SERC) for any state likely to be affected under CERCLA section 103(a). section 304 (42 U.S.C. 11004) and the by the release and to the community On March 23, 2018, the President Agency’s general rulemaking authority emergency coordinator for the Local signed into law the Consolidated under EPCRA section 328 (42 U.S.C. Emergency Planning Committee (LEPC) 11048). 2 In this document, emergency release notification 1 40 CFR part 300. and release reporting are used interchangeably.

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Appropriations Act, 2018 (‘‘Omnibus EPCRA, as well as the Agency’s prior • Is in an amount in excess of the Bill’’). Title XI of the Omnibus Bill is regulatory actions. reportable quantity as determined by entitled the ‘‘Fair Agricultural Reporting EPA, and III. Legal Rationale for This Final Rule Method Act’’ or the ‘‘FARM Act.’’ See • Occurs in a manner that would Fair Agricultural Reporting Method Act, This rulemaking maintains require notification under section 103(a) Public Law 115–141, sections 1101– consistency between the emergency of CERCLA. 1103 (2018). The FARM Act expressly release notification requirements of A release that is not subject to exempts reporting of air emissions from EPCRA and CERCLA in accordance with CERCLA section 103(a) reporting must animal waste (including decomposing the statutory text, framework and meet all three criteria in EPCRA section animal waste) at a farm from CERCLA legislative history of EPCRA, and is 304(a)(2) to be subject to EPCRA section 103. The FARM Act also consistent with the Agency’s prior reporting. Here, air emissions from provides definitions for the terms regulatory actions. Specifically, this animal waste at farms could meet the ‘‘animal waste’’ and ‘‘farm.’’ rulemaking is based on the relationship first two criteria because such releases The FARM Act amended CERCLA by of the EPCRA section 304 reporting are generally not federally permitted providing an exemption from reporting requirements to the CERCLA section and may exceed the applicable air emissions from animal waste at 103 reporting requirements, as recently reportable quantity. Yet these types of farms. Because these types of releases amended. As previously noted, EPCRA releases do not ‘‘occur[ ] in a manner’’ are exempted under CERCLA, based on section 304 reporting depends, in part, that would require notification under the release reporting criteria under on whether reporting is required under CERCLA section 103(a) and thus do not EPCRA section 304, these types of CERCLA section 103. EPCRA’s meet the third criterion of EPCRA releases are also exempt under EPCRA legislative history further indicates that section 304(a)(2). Because air emissions section 304. the EPCRA section 304 reporting from animal waste at farms do not meet Consequently, on November 14, 2018, requirements are designed to be all three criteria under EPCRA section EPA published a proposed rule to consistent with the reporting 304(a)(2), and do not fall within the amend the release reporting regulations requirements of CERCLA section 103. EPCRA section 304(a)(1) or (a)(3) under EPCRA section 304. The EPA has thus revised the EPCRA reporting scenarios, these types of comment period closed on December emergency release notification releases are not subject to EPCRA 14, 2018. EPA received 87,473 regulations from time to time, as reporting. As such, EPA is amending the comments, of which 87,091 are mass appropriate, to maintain consistency EPCRA’s emergency release notification mail campaigns opposing the proposed with the CERCLA reporting regulations to clarify reporting rule. The remaining were individual requirements. exemptions for certain types of releases letters that either supported or opposed Consistent with the Agency’s under EPCRA section 304. the proposed rule. EPA’s response to interpretation of EPCRA section 304 and Air emissions from animal waste at significant comments are generally the Agency’s prior regulatory actions, farms no longer ‘‘occur[ ] in a manner’’ addressed below in Section V of this EPA is amending the EPCRA release that would require notification under preamble. EPA developed a response to notification regulations to explicitly CERCLA section 103(a) because the comment document to address all the exempt air emissions from animal waste FARM Act exempted these types of comments received by the Agency on at farms from reporting under EPCRA releases from CERCLA reporting. the proposed rule, which is in the section 304. Importantly, the CERCLA reporting docket EPA–HQ–OLEM–2018–0318 to exemption is specifically tied to the A. Statutory Text and Framework this final rule. In addition, this nature or manner of these releases rather rulemaking generally tracks the EPCRA section 304 provides for than to a specific substance. For guidance document EPA had previously release reporting under three scenarios, example, the FARM Act amendment issued after enactment of the FARM Act. each of which depends in some way on does not exempt specific substances Thus, EPA formally withdraws the whether the release requires notice typically associated with animal waste guidance document entitled, ‘‘How does under CERCLA. If a release requires (such as ammonia and hydrogen sulfide) the Fair Agricultural Reporting Method notice under CERCLA section 103(a), from reporting; rather, it exempts from (FARM) Act impact reporting of air the release may be subject to reporting reporting releases of any substance from emissions from animal waste under under EPCRA if the release meets the animal waste at a farm into the air. CERCLA Section 103 and EPCRA requirements of EPCRA section Because air emissions from animal Section 304?’’ dated April 27, 2018. 304(a)(1) or 304(a)(3). Because the waste do not ‘‘occur[ ] in a manner’’ that FARM Act exempted air emissions from would require notification under II. Summary of This Final Rule animal waste at farms from CERCLA CERCLA section 103(a), these types of This final rule amends the release reporting, these types of releases no releases do not meet the third criterion reporting regulations under EPCRA longer require notice under CERCLA of EPCRA section 304(a)(2) and are thus section 304 by adding the reporting section 103(a). If a release is not subject not subject to EPCRA reporting. exemption in 40 CFR 355.31 for air to notification under CERCLA section EPCRA section 304(a)(2) promotes emissions from animal waste at farms, 103(a), the release may nonetheless be consistency between the reporting as proposed. EPA is also adding subject to reporting under EPCRA if the requirements of EPCRA and CERCLA by definitions of ‘‘animal waste’’ and release meets the requirements of ensuring that only releases that ‘‘occur[ ] ‘‘farm’’ to the definition section of the EPCRA section 304(a)(2). Pursuant to in a manner’’ that would require EPCRA regulations in 40 CFR 355.61 to EPCRA section 304(a)(2), a release of an CERCLA notification be reported under delineate the scope of this reporting EPCRA EHS that is not subject to EPCRA. Yet, the provision also exemption, as proposed. EPA believes notification under section 103(a) of contemplates scenarios where releases this final rule appropriately reflects the CERCLA need only be reported under not subject to reporting under CERCLA relationship between CERCLA and EPCRA if the release: may still need to be reported under EPCRA release reporting requirements • Is not a federally permitted release EPCRA, such as releases of substances and is consistent with the statutory text, as defined in section 101(10) of designated as EHSs under EPCRA but framework and legislative history of CERCLA, not as hazardous substances under

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CERCLA. For example, release contains an EHS. See 52 FR 304(a)(2), the report states: ‘‘This trimethylchlorosilane (Chemical 13378, 13385 (April 22, 1987). In sum, requires notification where there is a Abstract Service No. 75–77–4) is where a CERCLA reporting exemption release of an extremely hazardous designated as an EPCRA EHS but not as or the reason a release is not subject to substance that would require notice a CERCLA hazardous substance. Since CERCLA reporting is unrelated to the under section 103(a) of CERCLA but for trimethylchlorosilane is not a CERCLA manner in which such releases occur, the fact that the substance is not hazardous substance, its releases are not EPCRA section 304(a)(2) may compel specifically listed under CERCLA as subject to notification under CERCLA reporting of such releases. requiring such notice.’’ See 99 Cong. section 103(a) and need only be In addition to the statutory text of Conf. Report H. Rep. 962, October 3, reported under EPCRA if such releases EPCRA section 304(a)(2), the statutory 1986; SARA Leg. Hist. 38 (Section 304 meet the criteria of EPCRA section framework of EPCRA’s reporting Emergency Notification). 304(a)(2). A trimethylchlorosilane requirements indicates a desire to Congress thus expressed its intent that release that (1) is not a federally maintain consistency between the state and local authorities be notified of permitted release as defined in CERCLA EPCRA and CERCLA reporting a qualifying release under EPCRA, even section 101(10); (2) exceeds the requirements. Indeed, ‘‘[i]n drafting the if the substance released is not applicable reportable quantity; and (3) EPCRA reporting requirements, identified as a hazardous substance ‘‘occurs in a manner’’ that would Congress expressly tied them to under CERCLA, when the release occurs require notification under CERCLA CERCLA’s’’ such that ‘‘all of EPCRA’s in a manner as the types of releases that section 103(a) would still be subject to reporting mandates are piggybacked on require notification under CERCLA EPCRA reporting. In this example, a the CERCLA mandates in one form or section 103(a). Conversely, if the release release of trimethylchlorosilane ‘‘occurs another.’’ Waterkeeper Alliance v. EPA, occurs in a manner that Congress in a manner’’ that would require 853 F.3d 527, 532 (D.C. Cir. 2017). determines does not require notification notification under CERCLA section Under EPCRA sections 304(a)(1) and under CERCLA section 103(a)—such as 103(a) where it is not one of the (a)(3), EPCRA reporting depends on air emissions from animal waste at excluded or exempted types of releases whether a release requires notification farms—then no reporting is required described in CERCLA sections 101(22), under CERCLA section 103(a), and under EPCRA section 304(a)(2) (i.e., the 103(e), or 103(f). (See section C of this under EPCRA section 304(a)(2), EPCRA third criterion of EPCRA section preamble, for further explanation of reporting depends on whether a release 304(a)(2) has not been met). these exemptions.) The reason the ‘‘occurs in a manner’’ that would The legislative history also reveals release is not subject to notification require notification under CERCLA that Congress intended EPCRA section under CERCLA section 103(a) is because section 103(a). Therefore, EPCRA 304(a)(2) to operate to exclude continuous releases from EPCRA’s trimethylchlorosilane is not a CERCLA requires reporting only for releases that immediate notification requirements hazardous substance, not because there require notification under CERCLA or because such releases do not occur in a is anything particular about the release occur in a manner that would require manner that requires reporting under that renders it exempt. notification under CERCLA. Under CERCLA section 103 as amended, air CERCLA section 103(a).3 The committee As another example, petroleum emissions from animal waste at farms conference report explains: ‘‘[R]eleases (including crude oil or any fraction do not require notification under which are continuous or frequently thereof) is expressly excluded from the CERCLA section 103(a) and do not recurring and do not require reporting definition of ‘‘hazardous substance’’ in occur in a manner that would require under CERCLA are not required to be CERCLA section 101(14). Because of such notification. As a result, these reported under [EPCRA section 304].’’ this ‘‘petroleum exclusion,’’ releases of types of releases are not subject to Rather, continuous releases are subject petroleum are not subject to notification reporting under EPCRA section to reduced reporting requirements under CERCLA section 103(a) and so 304(a)(1), (a)(2) or (a)(3). Thus, to clarify pursuant to CERCLA section 103(f). As need to be reported under EPCRA only that these types of releases are not explained in section C.3. of this if such releases meet the criteria of subject to reporting under EPCRA preamble, EPA incorporated an EPCRA section 304(a)(2). Where a section 304, EPA is amending the alternative for continuous releases into petroleum release meets the first two EPCRA release notification regulations EPCRA and promulgated regulations criteria of EPCRA section 304(a)(2), the to exempt air emissions from animal that allow continuous releases to be question becomes whether the release waste at farms from reporting under reported in a manner consistent with ‘‘occurs in a manner’’ that would section 304. In doing so, EPA seeks to CERCLA’s continuous release reporting require notification under CERCLA avoid inconsistent regulation of these requirements. section 103(a). Notably, unlike air types of releases under EPCRA and Congress’s intent in adopting the emissions from animal waste at farms, CERCLA, in furtherance of the three scenarios in EPCRA section Congress did not exempt petroleum underlying purpose of this statutory 304(a)(1)–(3) was to ensure that when releases from CERCLA reporting based framework. on the manner or nature of these 3 CERCLA section 103(a) requires the person in releases. Instead, Congress exempted B. Legislative History charge of a vessel or facility to ‘‘immediately notify’’ the NRC when there is a release of a these types of releases from CERCLA EPA’s understanding of EPCRA hazardous substance in an amount equal to or reporting by excluding petroleum section 304(a)(2) is informed by the greater than the reportable quantity for that (including crude oil or any fraction legislative history of EPCRA itself. In substance within a 24-hour period. In contrast, thereof) from the definition of 1986, Congress passed EPCRA pursuant releases that are continuous and stable in quantity and rate may qualify for reduced, ‘‘continuous ‘‘hazardous substance.’’ See 42 U.S.C. to Title III of the Superfund release’’ reporting under CERCLA section 103(f)(2). 9601(14). As such, these types of Amendments and Reauthorization Act Similarly, EPCRA section 304 requires owners or releases still ‘‘occur[ ] in a manner’’ that (SARA). In the committee conference operators of certain facilities to ‘‘immediately’’ would require notification under report addressing EPCRA, Congress notify state and local authorities of qualifying releases, and EPA has promulgated regulations that CERCLA section 103(a) and could thus discussed the three scenarios requiring allow continuous releases to be reported under be subject to reporting under EPCRA release reporting under EPCRA section EPCRA in a manner consistent with CERCLA’s section 304(a)(2) where the petroleum 304. With respect to EPCRA section continuous release reporting requirements.

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Federal authorities receive notice of a section 304(a)(4) exempts from reporting section 103(a) of CERCLA.’’ 52 FR release under CERCLA section 103(a), any release which results in exposure to 13378, 13381 (April 22, 1987). state and local authorities receive persons solely within the site or sites on Although EPA stated in the April similar notice under EPCRA. Note that which a facility is located. Though the 1987 rulemaking that it was CERCLA notification applies to the list definition of ‘‘release’’ under EPCRA incorporating CERCLA reporting of hazardous substances (located in 40 section 329 mirrors the CERCLA exemptions into the EPCRA regulations CFR 302.4), while EPCRA notification definition, it does not contain three based on the criteria for EPCRA section applies to the lists of both CERCLA exclusions provided in the CERCLA 304 release reporting, the Agency hazardous substances and EPCRA EHSs section 101(22) definition of ‘‘release’’: inadvertently omitted the exclusion for (located in 40 CFR part 355 Apps. A and (1) Emissions from the engine exhaust of the ‘‘application of a pesticide product B). When a substance is not a listed a motor vehicle, rolling stock, aircraft, registered under the Federal Insecticide, CERCLA hazardous substance (or a vessel or pipeline pumping station Fungicide, and Rodenticide Act or to federally permitted release and is above engine; (2) releases of source, byproduct the handling and storage of such a the applicable reportable quantity), but or special nuclear material from a pesticide product by an agricultural is on the EPCRA EHSs list, EPCRA nuclear incident; and (3) the normal producer’’ from the EPCRA section 304 section 304(a)(2) provides for application of fertilizer. However, regulations at that time. Thus, in a notification only if the release of such because the types of releases excluded technical amendment published on May substance occurs in a manner as the from CERCLA’s definition of ‘‘release’’ 24, 1989 (54 FR 22543), EPA added a types of releases that require do not occur in a manner that would be provision to the EPCRA regulations in notification under CERCLA section reportable under CERCLA section 40 CFR 355.40(a)(2)(iv) (currently 103(a). On the other hand, if Congress 103(a), these types of releases do not codified at 40 CFR 355.31(c)) providing determines that a release occurs in a meet the reporting requirements under that releases exempted from CERCLA manner that does not require EPCRA section 304. See 52 FR 13381, section 103(a) reporting by CERCLA notification under CERCLA section 13384–85 (April 22, 1987) and related section 103(e) are also exempt from 103(a), EPCRA section 304(a)(2) works Response to Comments document, April reporting under EPCRA section 304. In to logically exclude that release from 1987, Docket Number 300PQ. Thus, addition, the May 1989 technical EPCRA reporting. EPA adopted these statutory CERCLA amendment clarified the language in paragraph (a)(2)(v) of 40 CFR 355.40 C. Prior Regulatory Actions exclusions into the EPCRA regulations codified at 40 CFR 355.31.4 (currently codified at 40 CFR 355.31(d)), As noted, CERCLA release explaining that this section exempts notification was established to alert 2. Exemptions From Immediate from EPCRA section 304 reporting ‘‘any Federal authorities to a release so that Notification Requirements occurrence not meeting the definition of the need for a response can be evaluated There are four types of statutory release under section 101(22) of and any necessary response undertaken exemptions from the immediate CERCLA,’’ as ‘‘[s]uch occurrences are in a timely fashion. EPCRA release notification requirements for releases of also exempt from reporting under notification supplements CERCLA hazardous substances provided in CERCLA section 103(a).’’ See 54 FR release notification by similarly CERCLA sections 101(10) and 103(e) 22543, 22543 (May 24, 1989). preparing the community at the state and (f). Specifically, these statutory and local level. Based on the criteria for 3. Continuous Release Reporting exemptions include: (1) Federally EPCRA section 304 release reporting, CERCLA section 103(f) provides relief permitted releases, as defined in section and to promote consistency between from the immediate notification 101(10); (2) the application of a CERCLA and EPCRA release notification requirements of CERCLA section 103(a) pesticide product registered under the requirements, the Agency has for a release of a hazardous substance Federal Insecticide, Fungicide and incorporated many of CERCLA’s release that is continuous and stable in quantity Rodenticide Act or from the handling notification exemptions into the EPCRA and rate. Instead, continuous releases and storage of such a pesticide product release notification regulations through are subject to a significantly reduced by an agricultural producer (section prior rulemakings. Each of these prior reporting requirement under regulations 103(e)); (3) certain releases of hazardous regulatory actions are summarized promulgated pursuant to CERCLA wastes that are required to be reported below. section 103(f). In adopting the under the provisions of the Resource implementing regulations for EPCRA in 1. Exemptions From the Definition of Conservation and Recovery Act and that 40 CFR part 355, EPA relied on EPCRA ‘‘release’’ Under CERCLA and EPCRA are reported to the NRC (section section 304(a)(2) to likewise exclude Both CERCLA and EPCRA define the 103(f)(1)); and (4) certain releases that continuous releases from the immediate term ‘‘release.’’ Under CERCLA section are determined to be continuous under notification requirement of EPCRA 101(22), the term ‘‘release’’ generally the provisions of section 103(f)(2). section 304, reasoning: ‘‘Because such means ‘‘any spilling, leaking, pumping, In the final rulemaking on April 22, releases do not ‘occur in a manner’ pouring, emitting, emptying, 1987 (52 FR 13378) for emergency which requires immediate release discharging, injecting, escaping, planning and release notification reporting under section 103(a) of leaching, dumping, or disposing into the requirements under EPCRA, the Agency CERCLA, they are also not reportable environment (including the adopted exemptions from CERCLA under section 304 of [EPCRA].’’ See 52 abandonment or discarding of barrels, section 103(a) reporting ‘‘based on the FR 13381, 13384 (April 22, 1987). EPA containers, and other closed receptacles language in EPCRA section 304(a) later promulgated continuous release containing any hazardous substance or which requires that releases reportable reporting regulations for EPCRA that pollutant or contaminant),’’ but also under that Section occur in a manner cross-reference and follow the CERCLA includes specific exclusions for which would require notification under continuous release reporting workplace releases, vehicle emissions, regulations, finding that EPCRA release 4 The 1987 rule codified these exemptions at 40 nuclear material releases and fertilizer CFR 355.40(a)(2), which was later reorganized into reporting is ‘‘closely tied’’ and application. Similar to the CERCLA 40 CFR 355.31. See 73 FR 65451 (November 3, ‘‘parallel’’ to CERCLA release reporting. workplace exposure exclusion, EPCRA 2008). See 55 FR 30169, 30179 (July 24, 1990).

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At that time, the Agency also reiterated V. Response to Comments commenters said would exempt that ‘‘[t]o the extent that releases are EPA received comments from various concentrated animal feeding operations continuous and stable in quantity and organizations, including the National (CAFOs) from EPCRA reporting rate as defined by CERCLA section Association of SARA Title III Program requirements so that reports of 103(f)(2) ..., they do not occur in a Officials (NASTTPO), agricultural trade hazardous substance releases will be manner that requires notification under associations, farm bureaus, a university available to the public. Certain members CERCLA section 103(a)’’ and are thus research center and environmental of the Senate Environment and Public not subject to the EPCRA section 304 groups. EPA also received individual Works (SEPW) Committee strongly immediate notification requirements. Id. comment letters. This section provides urged EPA to withdraw the proposed (emphasis added). a summary of major comments received rule and faithfully execute and enforce IV. Scope of the Final Rule and EPA’s responses. A detailed EPCRA and CERCLA reporting requirements consistent with the laws The scope of this rulemaking is summary of the comments and EPA’s responses are in the Response to passed by Congress. limited to air emissions from animal EPA also received individual waste (including decomposing animal Comments document, a copy of which is in the docket for this rulemaking. comment letters opposing the proposed waste) at a farm. The Agency is adding amendment. One commenter stated that this reporting exemption to the EPCRA A. General Comments Supporting the it is the job of the EPA to regulate section 304 emergency release Proposed Rule sources of hazardous emissions and notification regulations as implemented protect the population from known in 40 CFR part 355, subpart C, entitled Several commenters, NASTTPO, agricultural trade associations, the sources of these emissions. One ‘‘Emergency Release Notification.’’ The commenter asked EPA not to ignore and scope of this rulemaking stems from Department of Agriculture from West Virginia and North Dakota, farm bureaus vacate their right-to-know by exempting existing requirements under EPCRA the CAFO’s responsibility to control and section 304(a)(2) and under CERCLA and a few private citizens, expressed report the toxic emissions they are section 103(e), as amended, and is tied general support for the proposed required to control and report. to the nature or manner of these releases amendment to the EPCRA section 304 rather than to a specific substance. In release reporting regulations to add the EPA’s Response: While EPA other words, the Agency is not reporting exemption for air emissions recognizes commenters’ concerns exempting substances typically from animal waste at farms provided in regarding animal waste emissions, this associated with animal waste (such as CERCLA section 103(e). In support of amendment is based on the statutory ammonia or hydrogen sulfide) from the proposed amendment, commenters language in EPCRA section 304 and its reporting. Rather, this rulemaking stated that the proposed rule lays out relationship to CERCLA section 103 codifies EPA’s interpretation that air the proper reading of the law and is release reporting requirements. The emissions from animal waste at farms consistent with Congress’ clear intent basic purpose of emergency release are not subject to EPCRA section 304 that EPCRA section 304 and CERCLA notification requirements under EPCRA release reporting by explicitly release reporting requirements should section 304 is for facilities to inform exempting releases from animal waste be applied consistently except in certain state and local agencies of accidental into the air at farms from reporting. very limited circumstances. Some of the releases so that these agencies can Thus, the Agency is excluding all commenters stated that EPCRA was exercise the local emergency response releases to the air from animal waste at never intended to govern agricultural plan if necessary. This may include, but a farm from reporting under EPCRA operations, where emissions from is not limited to, providing shelter or section 304. livestock are a part of everyday life and evacuating the community to prevent This rulemaking does not apply to are certainly not emergency situations. acute exposure from accidental releases releases of substances from animal The natural breakdown of livestock of chemicals. EPCRA section 304 serves waste into non-air environmental manure does not constitute an as a notification requirement for media, nor to releases into the air from emergency release pursuant to the chemical accidental releases, it is not sources other than animal waste or CERCLA and EPCRA laws. One intended to regulate emissions. decomposing animal waste at a farm. commenter stated that EPCRA was In their letter to EPA dated June 1, For example, a release from animal created to protect citizens from disasters 2017, the members of NASTTPO waste into water (e.g., a lagoon breach) such as 1984 Bhopal tragedy, however, indicated that the release reports for air or a release from an anhydrous animal agriculture cannot be compared emissions from animal waste at farms ammonia storage tank into the air might to or included in a similar category provide little value to local agencies and trigger reporting requirements if the designed to address toxic chemicals, first responders, and are generally release exceeds the applicable hazardous substances and chemical ignored. NASTTPO states that open reportable quantities. emergencies. dialogue and coordination among farms This exemption is added to those and local agencies can be more effective B. General Comments Opposing the currently listed in the EPCRA than release reporting to address animal Proposed Rule regulations codified at 40 CFR 355.31, waste management at farms. NASTTPO entitled ‘‘What types of releases are EPA received numerous mass mail reiterated this principle in its comment exempt from the emergency release campaigns which include anonymous to this rulemaking, dated December 14, notification requirements of this private citizens, citizen & environmental 2018. In addition, regardless of subpart?’’ groups opposing the proposed reporting, EPA can still enforce To delineate the scope of this amendment to add the reporting applicable laws and regulations to exemption, EPA is finalizing, as exemption to the EPCRA section 304 address threats to human health and the proposed, the definitions of ‘‘animal emergency release notification environment. This rulemaking does not waste’’ and ‘‘farm’’ to be consistent with regulations for air emissions from limit the Agency’s authority under CERCLA section 103(e). See 40 CFR animal waste at farms. Several CERCLA sections 104 (response 355.61 for the full text of these commenters strongly urge the EPA to authorities), 106 (abatement actions), definitions. withdraw the proposed rule, which 107 (liability), or any other provisions of

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CERCLA to address releases of regulations to maintain consistency on the method or type of release (i.e., hazardous substances at farms. between the statutes and to effectuate into the air) rather than on the substance the exemption under EPCRA. emitted. Additionally, this commenter C. Comments on the Proposal To Add argues that the statute provides no Definitions of ‘‘animal waste’’ and D. Comments on the Legal Rationale for support for such an interpretation. ‘‘farm’’ the Proposed Rule Another commenter expressed that the EPA requested comments on adding EPA received comments supporting plain language of EPCRA is the definitions of ‘‘animal waste’’ and and opposing the legal rationale for the unambiguous in that it prohibits EPA ‘‘farm’’ to the definition section of proposed rule. Below is a summary of from exempting animal feeding EPCRA regulations in 40 CFR part 355. the significant comments received and operations from EPCRA’s reporting 1. Support EPA’s responses. Details of these requirements; but even if there was comments and the Agency’s responses some ambiguity in the statute, the A few commenters supported adding are addressed in the Response to proposed rule is arbitrary and the definitions of ‘‘animal waste’’ and Comments document which can be capricious because EPA has not ‘‘farm’’ to EPCRA regulations in 40 CFR found in the docket for this rulemaking. provided a reasoned explanation to part 355. These commenters expressed 1. Support justify its departure from the statute or that the incorporation of the FARM supported that explanation with Act’s definitions of ‘‘animal waste’’ and A few commenters state that Congress substantive record evidence. ‘‘farm’’ into the ECPRA regulations intended for EPCRA reporting EPA’s Response: EPA’s interpretation provides important regulatory clarity to requirements to be consistent with or is lawful and based on the plain agricultural producers. In their ‘‘linked to’’ CERCLA reporting language of EPCRA and CERCLA. EPA comments, NASTTPO expressed that requirements, which is evinced by the reasonably interpreted the operative EPA has crafted a narrow and specific statutory language in EPCRA section language in EPCRA section 304(a)(2) as exemption from the reporting of releases 304(a)(2). Commenters stated that EPA requiring EPCRA reporting when the from animal waste from farms. has the authority to amend the EPCRA release ‘‘occurs in a manner’’ which 2. Oppose emergency release notification would require notification under regulations to include the reporting CERCLA section 103(a). Because air Many commenters as part of mass exemption for air emissions from animal emissions from animal waste at farms mail campaigns as well as few waste at farms provided in CERCLA do not ‘‘occur in a manner’’ that would individual commenters opposed adding section 103(e). Commenters also note require notification under CERCLA the definitions of ‘‘animal waste’’ and that an analysis prepared by the section 103(a), such releases are not ‘‘farm’’ to the EPCRA regulations in 40 Congressional Research Service (CRS) at reportable under EPCRA section CFR part 355. One of the commenters the request of the Senate Committee on 304(a)(2). specifically stated that limiting Environment and Public Works (EPW) EPA disagrees with commenters’ definitions of what constitutes a farm, or supports EPA’s interpretation as analysis that reporting of these types of animal waste merely hides problems presented in the proposed rule. In sum, air emissions would still be required and that we should be striving for more commenters state the proposed rule is a under EPCRA so long as they are transparency on issues concerning sound and lawful codification based on factually releases under CERCLA. EPA emissions that affect climate and public the statutory language in EPCRA and understands these comments to propose health, not trying to limit transparency. CERCLA. that the ‘‘occurs in a manner’’ language Another commenter stated that it is only in EPCRA section 304(a)(2) means that the large CAFOs that can release 2. Oppose a release only has to satisfy the sufficient volumes of toxic pollutants, as EPA received comments with a wide definition of a ‘‘release’’ under CERCLA ammonia and hydrogen sulfide into the range of arguments opposing the to be eligible for EPCRA reporting. Such air which obviously will then end up in Agency’s legal rationale for the a reading is unnecessary as the our soil and water. proposed rule. The following is a brief definition of a ‘‘release’’ in EPCRA EPA’s Response: On March 23, 2018, summary of comments on each topic already mirrors the definition of a the Fair Agricultural Reporting Method presented in the preamble to the ‘‘release’’ in CERCLA. (see the definition (FARM) Act of 2018 amended CERCLA proposed rule. Details of comments of ‘‘release’’ under EPCRA section section 103 to exempt the reporting of received and the Agency’s response can 329(8) and CERCLA section 101(22). air emissions from animal waste at a be found in the Response to Comments While the CERCLA definition may focus farm. See Fair Agricultural Reporting document at the docket for this more on hazardous substances and the Method Act, Public Law 115–141 rulemaking. EPCRA definition focusses more on §§ 1101–1103 (2018). The FARM Act extremely hazardous substances and includes definitions for ‘‘animal waste’’ i. Statutory Text hazardous or toxic chemicals, both and ‘‘farm.’’ On August 1, 2018, EPA A few commenters argue the proposed definitions list similar types, ways, or promulgated a final rule to incorporate rule is in direct contravention of the manners of a release. the FARM Act legislation into the plain language of EPCRA and CERCLA EPA believes it is not a full and fair CERCLA reporting regulations at 40 CFR and is therefore ‘‘fundamentally flawed’’ reading of EPCRA section 304(a)(2) to part 302 (see 83 FR 37446), including and ‘‘illegal.’’ One commenter argues say that EPCRA reporting would still be definitions for ‘‘animal waste’’ and that the phrase ‘‘occurs in a manner’’ necessary if a release to the environment ‘‘farm.’’ This amendment is based on makes it clear that even if a release is qualifies as a release to the environment EPA’s interpretation of EPCRA section not reported under CERCLA, EPCRA under CERCLA, regardless of whether 304(a)(2) and its relationship to reporting would still be required if the reporting is legally required under CERCLA section 103 as amended by the ‘‘factual’’ circumstances of the release CERCLA. An EPCRA release into the FARM Act. Thus, the Agency believes it would otherwise require CERCLA environment already follows the is reasonable to promulgate the same reporting. The commenter also stated definition of a release into the definitions for ‘‘animal waste’’ and that EPA arbitrarily based its environment under CERCLA. Applied to ‘‘farm’’ into the EPCRA release reporting interpretation of ‘‘occurs in a manner’’ the present rulemaking, emissions into

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the air from animal waste at farms assert that the proposed rule violates the report explains how continuous releases already qualify as releases into the legislative intent of the FARM Act. One which are not subject to immediate environment under both statutes (i.e., commenter argues that EPCRA’s reporting requirements under CERCLA they are ‘‘emitting’’ or ‘‘escaping’’ under legislative history does not support should likewise not be subject to EPCRA the statutory definitions). Further EPA’s prior actions exempting certain reporting. As result, EPA promulgated analysis of what factually is a release to releases from EPCRA reporting, such as reduced reporting requirements that the environment does not shed light on the CERCLA continuous release cross-reference and follow the CERCLA the Congressional intent of EPCRA provision. reduced reporting requirements for section 304(a)(2) and does not follow EPA’s Response: In enacting the continuous releases. In this manner, the plain language of the statute, which FARM Act, Congress amended the EPA reasonably followed Congressional requires, in part, that a release occurs in CERCLA section 103 reporting intent to state that numerous types of a manner which would require requirements; it did not amend the releases are not subject to reporting notification under CERCLA section EPCRA section 304 reporting under EPCRA when reporting wasn’t 103(a). requirements. While the FARM Act required under CERCLA, including In enacting the FARM Act, the Senate legislative history has relevance with vehicle emissions, the normal EPW requested an analysis from the respect to the statutory changes to application of fertilizer, and the Congressional Research Service (CRS) of reporting under CERCLA section 103, application of registered pesticide the potential effects of the FARM Act’s EPA considered the text of EPCRA products (see the Federal Register amendments to CERCLA and EPCRA section 304 and its legislative history in notice for the proposed rule for a more release reporting. The CRS issued two issuing this rule. As stated throughout detailed discussion). memorandums, March 7, 2018 (an the proposed rule, EPA has interpreted The legislative history of the FARM overview of CERCLA and EPCRA EPCRA section 304(a)(2) as carrying Act’s amendment to CERCLA did not release reporting, statutory exemptions, over CERCLA reporting exemptions nullify the statutory text in EPCRA the 2008 CERCLA/EPCRA rule and related to the manner or nature of section 304(a)(2). EPA reasonably resulting litigation, etc.) and March 13, release. In this way, EPCRA section interpreted that text and the proposed 2018 (‘‘Supplemental Analysis: Fair 304(a)(2) promotes consistency between rule is supported by EPCRA’s legislative Agricultural Reporting Method Act/ EPCRA and CERCLA reporting. The history. legislative history of the FARM Act does FARM Act (S.2421’’). CRS agreed with E. Other Comments this interpretation in its memorandum not address the legislative history of EPA also received adverse comments dated March 7, 2018, which states: EPCRA, and if Congress wished to ensure that the exemption in the FARM on the rulemaking and its impact on [T]he phrase ‘‘occurs in a manner’’ Act did not carry over into EPCRA environment and public health. These generally has been implemented over time to reporting, it could have expressly commenters expressed that the mean the nature of the release in terms of enacted such statutory text, but it did proposed exemption will prevent local how the substance enters the environment. emergency responders from accessing [CRS March 7, 2018 memorandum page 6]. not. The legislative history of the FARM information to protect the community. The next question is whether the Act is correct to the extent that the Some commenters assert that the release would require notification under amendment does not exempt all releases proposed rule is arbitrary and CERCLA section 103(a). As discussed from animal waste at farms from capricious because the Agency failed to earlier, the FARM Act exempted only reporting under EPCRA. Rather, the consider environmental justice, the releases of a certain kind or manner— amendment only exempts certain types National Environmental Policy Act, and air emissions from animal waste at of releases, and this rule tracks the the Endangered Species Act prior to farms—from notification under CERCLA FARM Act to provide that a limited type issuing the proposed rule. section 103(a). Accordingly, these types of release, air emissions from animal EPA’s Response: Although these of releases do not occur in a manner that waste at farms, are not subject to comments are outside the scope of this would require notification under reporting under EPCRA. This rule does rulemaking, the Agency’s response to CERCLA section 103(a). Because the not apply to releases of substances from these comments are provided in the third criteria of EPCRA section 304(a)(2) animal waste into non-air Response to Comments document, is not met, no reporting under EPCRA environmental media, nor to releases which can be found in the docket to this is required. into the air from sources other than rulemaking. EPA believes its interpretation follows animal waste or decomposing animal F. Request for Public Comment Period the plain language of the statute and waste at a farm. For example, a release Extension & Public Hearings carries out the Congressional intent of from animal waste into water (e.g., a EPCRA section 304(a)(2). lagoon breach) or a release from an Three commenters, a university anhydrous ammonia storage tank into research organization, mass mail ii. Legislative History and Prior Agency the air might trigger reporting campaign and community group, Actions requirements if the release exceeds the requested EPA to extend the public Commenters opposing the proposal applicable reportable quantities. This is comment period for the proposed rule. argue that the legislative history of the because the releases occur in a manner These commenters stated that the FARM Act makes it clear that Congress that require reporting under CERCLA proposed rule may have significant intended for EPCRA reporting to because they are releases into a non-air consequences on the ability of local continue notwithstanding the FARM media or they are not emissions from governments and their residents to Act’s CERCLA exemption. The letter animal waste. protect their health and wellbeing, none from certain Senate EPW members cites The proposed rule also explains how, of which seems to have been considered to testimony by Senators and witnesses in the 1986 committee conference report by EPA during the preparation of the explaining that the FARM Act makes no addressing EPCRA, Congress expressed proposed rule. Additionally, these changes to reporting requirements for its intent that EPCRA release reporting commenters expressed that they need an releases of extremely hazardous be aligned with CERCLA reporting. As additional 60 days to collect substances under EPCRA. Commenters an example, the committee conference information from studies on health and

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environmental impacts of CAFO air found at https://www.epa.gov/laws- F. Executive Order 13132: Federalism emissions on surrounding communities regulations/laws-and-executive-orders. as rulemaking docket does not contain This action does not have federalism A. Executive Order 12866: Regulatory any scientific studies or other implications. It will not have substantial Planning and Review and Executive documents about toxic emissions from direct effects on the states, on the Order 13563: Improving Regulation and CAFOs and their impact on surrounding relationship between the national communities. Regulatory Review government and the states, or on the Two groups, mass mail campaigns This action is a significant regulatory distribution of power and and community organization, requested action that was submitted to the Office responsibilities among the various public hearings on the proposed rule of Management and Budget (OMB) for levels of government. stating that given the impact that the review. Any changes made in response proposed rule will have on communities to OMB recommendations have been G. Executive Order 13175: Consultation across the country, including a documented in the docket. and Coordination With Indian Tribal disproportionate number of low-income Governments B. Executive Order 13771: Reducing and minority communities, EPA should Regulations and Controlling Regulatory schedule at least three public hearings This action does not have tribal in various locations across the country Costs implications as specified in Executive to ensure adequate public participation This action is not subject to Executive Order 13175. The EPA is amending the in the rulemaking process. EPA should Order 13771 because this final rule does EPCRA section 304 release notification hold these hearings in locations near to not result in additional costs. regulations to add the reporting communities affected by CAFOs, for exemption for air emissions from animal C. Paperwork Reduction Act (PRA) example, communities in North waste at farms provided in CERCLA Carolina, Maryland, Iowa, or Oklahoma, This action does not impose any new section 103(e), as amended. Thus, to name a few. information collection burden under the Executive Order 13175 does not apply EPA’s Response: EPA believes that the PRA. The Agency is codifying a to this action. 30-day comment period was provision exempting farms from appropriate. The proposed rule is based reporting air releases from animal waste H. Executive Order 13045: Protection of on a reasonable interpretation of the under EPCRA section 304 release Children From Environmental Health statutory language in EPCRA section notification regulations. Risks and Safety Risks 304(a)(2) and its relationship with D. Regulatory Flexibility Act (RFA) CERCLA section 103 as amended by the The EPA interprets Executive Order FARM Act. EPA’s rationale is set out in I certify that this action will not have 13045 as applying to those regulatory the Federal Register notice for the a significant economic impact on a actions that concern environmental proposed rule and all the supporting substantial number of small entities health or safety risks that the EPA has documents the Agency relied on are under the RFA. In making this reason to believe may available in the associated docket. determination, the impact of concern is disproportionately affect children, per The proposed rule is not based on any significant adverse economic the definition of covered regulatory health or environmental risk, so no such impact on small entities. An agency may action in section 2–202 of the Executive associated studies are necessary. certify that a rule will not have a Order. This final rule is not based on Because the proposed rule is based on significant economic impact on a health or environmental effect, rather, it a statutory interpretation, the record is substantial number of small entities if is intended to maintain consistency not extensive, and therefore EPA did not the rule relieves regulatory burden, has between EPCRA section 304 and believe such an extension should be no net burden or otherwise has a CERCLA section 103(a) emergency granted. EPA also generally set out its positive economic effect on the small release notification requirements by statutory interpretation in the guidance entities subject to the rule. Consistent exempting reporting of air emissions document entitled ‘‘How does the Fair with the Agency’s interpretation that air from animal waste at farms. Agricultural Reporting Method (FARM) emissions from animal waste at farms Act impact reporting of air emissions are not subject to EPCRA section 304 I. Executive Order 13211: Actions from animal waste under CERCLA release reporting, this final rule Concerning Regulations That Section 103 and EPCRA Section 304?’’ explicitly exempts these types of Significantly Affect Energy Supply, dated April 2018. That guidance releases from EPCRA reporting and Distribution or Use document states: ‘‘EPA intends to would not result in additional costs. conduct a rulemaking to address the This action is not a ‘‘significant E. Unfunded Mandates Reform Act impact of the FARM Act on the energy action’’ because it is not likely to (UMRA) reporting of air emissions from animal have a significant adverse effect on the waste at farms under EPCRA.’’ This action does not contain any supply, distribution or use of energy. Accordingly, the commenters were unfunded mandate as described in The EPA is amending the EPCRA provided a meaningful opportunity to UMRA, 2 U.S.C. 1531–1538, and does section 304 release notification comment and no extensions were not significantly or uniquely affect small regulations to add the reporting necessary to comment on EPA’s governments. The action imposes no exemption for air emissions from animal statutory interpretation. Similarly, no enforceable duty on any state, local or waste at farms provided in CERCLA public meetings or hearing were tribal governments or the private sector. section 103(e), as amended. required or deemed necessary to allow The Agency is amending the EPCRA for comment on EPA’s interpretation. section 304 release notification J. National Technology Transfer and regulations to add the reporting Advancement Act (NTTAA) VI. Statutory and Executive Orders exemption for air emissions from animal Additional information about these waste at farms provided in CERCLA This rulemaking does not involve statutes and Executive Orders can be section 103(e), as amended. technical standards.

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K. Executive Order 12898: Federal resources, Penalties, Reporting and ‘‘Animal waste’’ and ‘‘Farm’’ to read as Actions To Address Environmental recordkeeping requirements, Superfund. follows: Justice in Minority Populations and Dated: June 4, 2019. Low-Income Populations § 355.61 How are key words in this part Andrew R. Wheeler, defined? The EPA believes that this action is Administrator. not subject to Executive Order 12898 (59 Animal waste means feces, urine, or For the reasons set forth in the FR 7629, February 16, 1994) because it other excrement, digestive emission, preamble, EPA amends 40 CFR part 355 does not establish an environmental urea, or similar substances emitted by as follows: health or safety standard. EPA has no animals (including any form of livestock, poultry, or fish). This term authority under EPCRA to prevent or PART 355—EMERGENCY PLANNING includes animal waste that is mixed or reduce emissions from certain facilities AND NOTIFICATION or their operations. The rule presents a commingled with bedding, compost, statutory interpretation intended to ■ 1. The authority citation for part 355 feed, soil, or any other material typically maintain consistency between EPCRA continues to read as follows: found with such waste. section 304(a) and CERCLA section 103 Authority: Sections 302, 303, 304, 325, * * * * * release notification requirements and 327, 328, and 329 of the Emergency Planning Farm means a site or area (including does not have any impact on human and Community Right-to-Know Act of 1986 associated structures) that— health or the environment. (EPCRA) (42 U.S.C. 11002, 11003, 11004, 11045, 11047, 11048, and 11049). (1) Is used for— L. Congressional Review Act (CRA) ■ 2. Amend § 355.31 by adding (i) The production of a crop; or This action is subject to the CRA, and paragraph (g) to read as follows: (ii) The raising or selling of animals the EPA will submit a rule report to (including any form of livestock, § 355.31 What types of releases are each House of the Congress and to the poultry, or fish); and Comptroller General of the United exempt from the emergency release notification requirements of this subpart? States. This action is not a ‘‘major rule’’ (2) Under normal conditions, as defined by 5 U.S.C. 804(2). * * * * * produces during a farm year any (g) Air emissions from animal waste agricultural products with a total value List of Subjects in 40 CFR Part 355 (including decomposing animal waste) equal to not less than $1,000. Environmental protection, Chemicals, at a farm. * * * * * Disaster assistance, Hazardous ■ 3. Amend § 355.61 by adding in [FR Doc. 2019–12411 Filed 6–12–19; 8:45 am] substances, Hazardous waste, Natural alphabetical order definitions for BILLING CODE 6560–50–P

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Proposed Rules Federal Register Vol. 84, No. 114

Thursday, June 13, 2019

This section of the FEDERAL REGISTER instructions for submitting comments. copies total. One copy will include the contains notices to the public of the proposed Comments submitted electronically, information you claim to be confidential issuance of rules and regulations. The including attachments, to https:// with a heading or cover note that states purpose of these notices is to give interested www.regulations.gov will be posted to ‘‘THIS DOCUMENT CONTAINS persons an opportunity to participate in the the docket unchanged. Because your CONFIDENTIAL INFORMATION.’’ The rule making prior to the adoption of the final rules. comment will be made public, you are Agency will review this copy, including solely responsible for ensuring that your the claimed confidential information, in comment does not include any its consideration of comments. The DEPARTMENT OF HEALTH AND confidential information that you or a second copy, which will have the HUMAN SERVICES third party may not wish to be posted, claimed confidential information such as medical information, your or redacted/blacked out, will be available Food and Drug Administration anyone else’s Social Security number, or for public viewing and posted on confidential business information, such https://www.regulations.gov. Submit 21 CFR Parts 16 and 1107 as a manufacturing process. Please note both copies to the Dockets Management that if you include your name, contact [Docket No. FDA–2016–N–3818] Staff. If you do not wish your name and information, or other information that contact information to be made publicly RIN 0910–AH89 identifies you in the body of your available, you can provide this comments, that information will be information on the cover sheet and not Content and Format of Substantial posted on https://www.regulations.gov. in the body of your comments and you • Equivalence Reports; Food and Drug If you want to submit a comment must identify this information as Administration Actions on Substantial with confidential information that you ‘‘confidential.’’ Any information marked Equivalence Reports; Extension of do not wish to be made available to the as ‘‘confidential’’ will not be disclosed Comment Period public, submit the comment as a except in accordance with 21 CFR 10.20 written/paper submission and in the AGENCY: Food and Drug Administration, and other applicable disclosure law. For manner detailed (see ‘‘Written/Paper HHS. more information about FDA’s posting Submissions’’ and ‘‘Instructions’’). ACTION: Proposed rule; extension of of comments to public dockets, see 80 comment period. Written/Paper Submissions FR 56469, September 18, 2015, or access the information at: https://www.gpo.gov/ Submit written/paper submissions as SUMMARY: The Food and Drug fdsys/pkg/FR-2015-09-18/pdf/2015- follows: Administration (FDA or the Agency) is • Mail/Hand Delivery/Courier (for 23389.pdf. extending the comment period for the written/paper submissions): Dockets Docket: For access to the docket to proposed rule that appeared in the Management Staff (HFA–305), Food and read background documents or the Federal Register of April 2, 2019. The Drug Administration, 5630 Fishers electronic and written/paper comments Agency is taking this action in response Lane, Rm. 1061, Rockville, MD 20852. received, go to https:// to requests for an extension to allow • For written/paper comments www.regulations.gov and insert the interested parties additional time to submitted to the Dockets Management docket number, found in brackets in the submit comments. Staff, FDA will post your comment, as heading of this document, into the DATES: FDA is extending the comment well as any attachments, except for ‘‘Search’’ box and follow the prompts period on the proposed rule published information submitted, marked and and/or go to the Dockets Management April 2, 2019 (84 FR 12740). Submit identified, as confidential, if submitted Staff, 5630 Fishers Lane, Rm. 1061, either electronic or written comments as detailed in ‘‘Instructions.’’ Rockville, MD 20852. by July 17, 2019. Instructions: All submissions received FOR FURTHER INFORMATION CONTACT: ADDRESSES: You may submit comments must include the Docket No. FDA– Annette Marthaler, Center for Tobacco as follows. Please note that late, 2016–N–3818 for ‘‘Content and Format Products, Food and Drug untimely filed comments will not be of Substantial Equivalence Reports; Administration, Document Control considered. Electronic comments must Food and Drug Administration Actions Center, 10903 New Hampshire Ave., be submitted on or before July 17, 2019. on Substantial Equivalence Reports.’’ Bldg. 71, Rm. G335, Silver Spring, MD The https://www.regulations.gov Received comments, those filed in a 20993–0002, email: CTPRegulations@ electronic filing system will accept timely manner (see ADDRESSES), will be fda.hhs.gov. comments until 11:59 p.m. Eastern Time placed in the docket and, except for on July 17, 2019. Comments received by those submitted as ‘‘Confidential SUPPLEMENTARY INFORMATION: In the mail/hand delivery/courier (for written/ Submissions,’’ publicly viewable at Federal Register of April 2, 2019, FDA paper submissions) will be considered https://www.regulations.gov or at the published a proposed rule with a 75-day timely if they are postmarked or the Dockets Management Staff between 9 comment period that would, if finalized, delivery service acceptance receipt is on a.m. and 4 p.m., Monday through establish requirements for the content or before that date. Friday. and format of reports intended to • Confidential Submissions—To establish the substantial equivalence of Electronic Submissions submit a comment with confidential a tobacco product. The proposed rule, if Submit electronic comments in the information that you do not wish to be finalized, would also establish the following way: made publicly available, submit your general procedures that FDA intends to • Federal eRulemaking Portal: comments only as a written/paper follow when evaluating substantial https://www.regulations.gov. Follow the submission. You should submit two equivalence reports.

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The Agency has received requests for ADDRESSES: Please submit comments via variety of reasons. An increasing an extension of the comment period for one of the following methods: percentage of the Agency’s resources the proposed rule. The requests 1. Public participation portal have been spent each year to provide for conveyed concern that the current 75- (preferred): https:// wildfire suppression, resulting in fewer day comment period does not allow www.regulations.gov/. resources available for other sufficient time to develop a meaningful 2. Mail: NEPA Services Group, c/o management activities, such as or thoughtful response to the proposed Amy Barker; USDA Forest Service, 125 restoration. In 1995, wildland fire rule. South State Street, Suite 1705, Salt Lake management funding made up 16 FDA has considered the requests and City, UT 84138. percent of the Forest Service’s annual is extending the comment period for the 3. Email: nepa-procedures-revision@ spending, compared to 57 percent in proposed rule for 30 days, until July 17, fs.fed.us. 2018. Along with a shift in funding, 2019. FDA believes a 30-day extension All comments, including names and there has also been a corresponding is appropriate and would help ensure addresses when provided, are placed in shift in staff from non-fire to fire that interested persons have time to the record and are available for public programs, with a 39 percent reduction fully consider the proposed provisions, inspection and copying. The public may in all non-fire personnel since 1995. which are detailed and interrelated, as inspect comments received online via The Consolidated Appropriations Act well as to fully consider and develop the public reading room at https:// of 2018 (2018 Omnibus Bill) included a responses to the Agency’s specific www.regulations.gov/, or at U.S. Forest new budget authority for FY 2020 to FY requests for comment. Service, Ecosystem Management 2027, which will provide federal Coordination, 201 14th St. SW, 2 agencies with a new budget authority of Dated: June 7, 2019. Central, Washington, DC 20024. Visitors over $20 billion for fighting wildfires, in Lowell J. Schiller, are encouraged to call ahead to 202– addition to regular appropriations. Principal Associate Commissioner for Policy. 205–1475 to facilitate entry to the While this budget stability is welcome, [FR Doc. 2019–12478 Filed 6–12–19; 8:45 am] building. the trends discussed above make it BILLING CODE 4164–01–P imperative that the Agency makes the FOR FURTHER INFORMATION CONTACT: most efficient use of available funding Christine Dawe; Director, Ecosystem and resources to fulfill its Management Coordination; 406–370– DEPARTMENT OF AGRICULTURE environmental analysis and decision 8865. Individuals who use making responsibilities. telecommunication devices for the deaf Forest Service Additionally, the Agency has a (TDD) may call the Federal Information backlog of more than 5,000 applications Relay Service (FIRS) at 1–800–877–8339 36 CFR Part 220 for new special use permits and between 8:00 a.m. and 8:00 p.m., renewals of existing special use permits Eastern Standard Time, Monday RIN 0596–AD31 that are awaiting environmental analysis through Friday. and decision. On average, the Forest National Environmental Policy Act SUPPLEMENTARY INFORMATION: Service annually receives 3,000 (NEPA) Compliance Background applications for new special use permits. Over 80 million acres of AGENCY: Forest Service, USDA. The Forest Service is proposing National Forest System (NFS) land are ACTION: Proposed rule. revisions to its NEPA procedures (36 in need of restoration to reduce the risk CFR part 220, which are located at of wildfire, insect epidemics, and forest SUMMARY: The U.S. Department of https://www.fs.fed.us/emc/nepa/nepa_ diseases. Agriculture, Forest Service (Agency) is procedures/index.htm) with the goal of Increasing the efficiency of proposing revisions to its National increasing efficiency of environmental environmental analysis would enable Environmental Policy Act (NEPA) analysis while meeting NEPA’s the Agency to do more to increase the regulations. The Agency proposes these requirements. The Forest Service is not health and productivity of our national revisions to increase efficiency in its fully meeting agency expectations, nor forests and grasslands and be more environmental analysis while meeting the expectations of the public, partners, responsive to requests for goods and NEPA’s requirements and fully and stakeholders, to improve the health services. The Agency’s goal is to honoring its environmental stewardship and resilience of forests and grasslands, complete project decision making in a responsibilities. The proposed rule create jobs, and provide economic and timelier manner, improve or eliminate would contribute to increasing the pace recreational benefits. The Agency inefficient processes and steps, and, and scale of work accomplished on the spends considerable financial and where appropriate, increase the scale of ground and would help the Agency personnel resources on NEPA analyses analysis and the number of activities in achieve its mission to sustain the health, and documentation. The Agency is a single analysis and decision. diversity, and productivity of the proposing these revisions to make more Improving the efficiency of nation’s forests and grasslands to meet efficient use of those resources. The environmental analysis and decision the needs of present and future Agency will continue to hold true to its making will help the agency ensure that generations. Public input has informed commitment to deliver to decision lands and watersheds are sustainable, the development of the proposed rule, makers scientifically based, high-quality healthy, and productive; mitigate including through an Advance Notice of analysis that honors its environmental wildfire risk; and contribute to the Proposed Rulemaking. The Agency is stewardship responsibilities while economic health of rural communities now requesting public comment on the maintaining robust public participation. through use and access opportunities. revisions in the proposed rule. The These values are at the core of the Forest Council on Environmental Quality Agency will carefully consider all Service mission and are compatible (CEQ) regulations at 40 CFR 1507.3 public comments in preparing the final with gaining efficiency in NEPA require Federal agencies to adopt rule. analysis and documentation. procedures, as necessary, to supplement DATES: Comments must be received in Reforming the Forest Service’s NEPA CEQ’s regulations for implementing writing by August 12, 2019. procedures is needed at this time for a NEPA (40 CFR parts 1500–1508), and to

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consult with CEQ during their take public input into account as it based management can be useful for development and prior to publication in revises its NEPA regulations. The landscape-scale projects and analysis. the Federal Register. CEQ encourages Agency believes it is possible to make As with adaptive management, not all agencies to periodically review their its NEPA regulations more efficient proposed actions lend themselves to NEPA procedures. The Agency while remaining true to NEPA’s intent condition-based management, and the developed the proposed rule in of informed decision making, and proposed rule is not intended to require consultation with CEQ. without weakening the Agency’s NEPA its use for any particular type of The Forest Service’s NEPA process. proposed action. regulations were promulgated in 2008, Many of the comments received are when the Agency codified its NEPA beyond the scope of the Agency’s NEPA Section 220.4 General Requirements procedures in the Code of Federal regulations, but pertain to other issues Paragraph (c) states the responsible Regulations (CFR), at 36 CFR 220. relevant to the Agency’s environmental official’s obligation to coordinate and However, the Agency’s NEPA analysis and decision making, such as integrate the NEPA review with agency regulations, in large part, still reflect the ensuring sufficient funding is available, decision making, and lists requirements policies and practices established by the hiring and training Agency personnel, for meeting that obligation. The Agency’s 1992 NEPA Manual and the objections processes under 36 CFR proposed rule would add ‘‘Leading the Handbook. When the Agency 218, and the land management planning proposal development and promulgated its NEPA regulations in processes under 36 CFR 219. An environmental analysis process, to 2008, it stated, ‘‘the additions to the executive summary of comments ensure a focused approach’’ as the first Forest Service NEPA procedures in this received in response to the ANPR is item in the list and renumbers the rule are intended to provide an available at: https://www.fs.fed.us/emc/ existing items that follow. This addition environmental analysis process that nepa/revisions/index.htm. Public emphasizes the importance of the better fits with modern thinking on comments received in response to the responsible official’s active, engaged, decisionmaking, collaboration, and ANPR are available at: https:// and focused involvement in the NEPA adaptive management by describing a cara.ecosystem-management.org/Public/ process. process for incremental alternative ReadingRoom?project=ORMS-1797. The proposed rule would combine development and development of Section-by-Section Description of and revise paragraphs (d) and (e), adaptive management alternatives’’ (73 Changes in the Proposed Rule resulting in a new paragraph (d), FR 43084). The proposed rule would The order of the sections of the Scoping and Public Notice. These further modernize the Agency’s NEPA revisions reflect the Agency’s proposed policy by incorporating lessons learned proposed rule has been rearranged to align with the levels of NEPA approach to scoping and public and experience gained over the past 10 engagement. Paragraph (d) would years. documentation. The proposed rule would not change the order or headings maintain the Agency’s requirement to Advance Notice of Proposed of 36 CFR 220.1, 220.2, 220.3, or 220.4. provide public notice, through the Rulemaking (ANPR) The proposed rule would revise the Schedule of Proposed Actions, of all The Agency published an ANPR on order and headings of 36 CFR 220.5, proposed actions that will be January 3, 2018 (83 FR 302). The 220.6, and 220.7 to read as follows: documented with a decision memo, EA, Agency received 34,674 comments in or EIS. The Agency will continue to Section 220.5 Categorical Exclusions require scoping for EISs in accordance response to the ANPR, of which 1,229 Section 220.6 Environmental Assessment were unique. Most of the unique and Decision Notice with CEQ regulations at 40 CFR 1501.7. comments expressed support for the Section 220.7 Environmental Impact Outside of the minimum requirements Agency’s effort to identify efficiencies in Statement and Record of Decision listed at (d)(1) and (2) of this section, additional public engagement is at the the NEPA process. The unique The proposed rule sequentially comments in support of the ANPR all addresses general guidance, Categorical discretion of the local responsible generally acknowledged that there is Exclusions (CE), Environmental official, except where specified by room for increased efficiency in the Assessments (EA), and Environmental applicable statutes and regulations. For Agency’s NEPA process. Some of these Impacts Statement (EIS). This is a more example, the current 36 CFR 218 comments expressed unqualified logical order than previous versions. regulations require public comment for support for increasing efficiency; other EAs that are subject to the Project-Level comments supported the Agency’s Section 220.3 Definitions Predecisional Administrative Review goals, but included caveats that these The proposed rule would add a Process. gains should not come at a cost to definition to this section for condition- As a result of the revision of public involvement or conservation of based management. Condition-based paragraphs (d) and (e) into one natural resources. management is defined as a system of paragraph (d), paragraphs (f) through (i) There were three form letter management practices based on would be re-designated as (e) through campaigns in response to the ANPR. implementation of specific design (h), respectively. Approximately 33,000 form letter elements from a broader proposed The proposed rule outlines an comments came from two form letter action, where the design elements vary approach for ‘‘right-sizing’’ the public campaigns, which urged the Forest according to a range of on-the-ground engagement and scoping processes to Service to reject any proposal to weaken conditions in order to meet intended each proposed action. The proposed the Agency’s NEPA process. The Forest outcomes. Condition-based management rule language aligns with additional Service received about 600 comments is not a new management approach for guidance being added to the draft from a third form letter campaign in the Forest Service, but the Agency directives, specifically in the Forest favor of the Agency’s efficiency goals as proposes to codify it based on existing Service Handbook. This guidance stated in the ANPR. The Agency will practice to provide clear, consistent encourages early and ongoing not regard form letters as ‘‘votes’’ as to direction on its use, and to encourage engagement with the public and other whether the proposed rule should go more widespread use. Agency external partners (such as other Federal forward. The Agency will continue to experience has shown that condition- agencies, Tribes, States, and local

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governments) that is not limited to a Clarifications Regarding Categorical Congressionally designated areas. The single NEPA process. Exclusions (CE) proposed rule would revise The proposed rule would add a new The proposed rule would clarify in § 220.5(b)(1)(iv) to include roadless paragraph (i), Determination of NEPA paragraph (a) that a proposed action areas designated under 36 CFR part 294, Adequacy. This paragraph outlines a may be categorically excluded if it is including Idaho and Colorado Roadless process for determining whether a within one or more of the categories Areas. completed Forest Service NEPA analysis In § 220.5(b)(2), the proposed rule listed in 7 CFR part 1b.3, 36 CFR can satisfy NEPA’s requirements for a would clarify the degree of effects 220.5(d), or 36 CFR 220.5(e). Categorical subsequent proposed action. The threshold for determining whether exclusions are categories of actions that process requires the consideration of the extraordinary circumstances exist. The normally will not result in individual or following factors: The similarity proposed rule explains that cumulative significant impacts on the between the prior decision and the extraordinary circumstances exist when quality of the human environment and, proposed actions, the adequacy of the there is a cause-and-effect relationship therefore, do not require analysis or range of alternatives for the proposed between the proposed action and listed action, any significant new documentation in either an EA or EIS resource conditions, and the responsible circumstances or information since the (40 CFR 1508.4). Where a proposed official determines that there is a prior decision, and the adequacy of the action consists of multiple activities, likelihood of substantial adverse effects impact analysis for the proposed action. and all of the activities that comprise to the listed resource conditions. The Determination of NEPA Adequacy the proposed action fall within one or Additionally, the proposed rule is modelled after the Department of more CEs, the responsible official may explains that when evaluating Interior, Bureau of Land Management’s rely on multiple categories for a single extraordinary circumstances, the use of that procedure. Other Federal proposed action. This approach shall responsible official may also consider agencies also provide for comparable not be used to avoid any express whether the long-term beneficial effects approaches in their NEPA procedures. constraints or limiting factors that apply outweigh short-term adverse effects. Adding the Determination of NEPA to a particular CE. This clarification to The proposed rule would revise Adequacy to Forest Service NEPA paragraph (a) is consistent with CEQ’s § 220.5(c) to clarify that in addition to procedures would provide the Agency definition of CEs as categories of actions the § 220.4(d) requirements for public an opportunity to be more efficient by that do not individually or cumulatively notice in the Schedule of Proposed reducing redundant analyses of have a significant effect on the Actions, the responsible official may substantially similar proposed actions environment. choose to conduct additional public with substantially similar impacts, and Paragraph (a) further explains that engagement activities to involve key is consistent with CEQ policy to reduce CEs are independently established and stakeholders and interested parties. paperwork and avoid redundancy. constraints or limitations in a particular Additional public engagement would be The proposed rule would move the categorical exclusion do not constrain or conducted commensurate with the provisions on adaptive management limit the operation of other categorical nature of the decision being made. from current §§ 220.5(e) and 220.7(b)(iv) exclusions. For example, an express spatial or temporal limitation in one CE Changes to Existing CEs and Proposed to § 220.4(j). This change would add New CEs adaptive management to the general should not be construed to apply to requirements section of the regulation; another similar CE that is otherwise The proposed rule would add several the current regulation discusses silent on spatial or temporal limits. new CEs. The Forest Service developed adaptive management separately under The proposed rule would adjust and these CEs pursuant to CEQ’s regulations the sections on EAs and EISs. refine instructions for evaluating at 40 CFR 1507.3 and the November 23, The proposed rule would also add a extraordinary circumstances. The 2010, CEQ guidance memorandum on new paragraph (k) for condition-based proposed rule would revise the list of ‘‘Establishing, Applying, and Revising management, specifying that the resource conditions to be considered in Categorical Exclusions under the proposed action and one or more determining whether extraordinary National Environmental Policy alternatives may include condition- circumstances warrant analysis and Act’’(https://ceq.doe.gov/docs/ceq- based management. documentation in an EA or EIS. The regulations-and-guidance/NEPA_CE_ The proposed rule would also add a proposed rule would remove ‘‘sensitive Guidance_Nov232010.pdf). new paragraph (l) on supplementation species’’ from item (i). The Agency’s The Forest Service is uniquely and new information, specifying when 2012 planning regulations marked a situated when compared to other supplements are required. transition away from the term ‘‘sensitive Federal agencies in terms of using CEs species,’’ and retention of the term in to satisfy NEPA’s procedural Section 220.5 Environmental Impact the NEPA procedures is unnecessary. requirements. The Forest Service Statement and Record of Decision All land management plans have manages the National Forest System to The proposed rule would revise the direction to provide for the diversity of sustain multiple uses of its renewable heading of § 220.5 to read as follows: plant and animal communities and resources in perpetuity while Section 220.5 Categorical Exclusions. support the persistence of native species maintaining the long-term health and The proposed rule would revise all of in the plan area. All Forest Service productivity of the land. To achieve this the paragraphs of § 220.5 by replacing projects must comply with relevant land goal, each unit of the National Forest all of the text with new text based on management plans; therefore, it is not System is managed according to a land current § 220.6, paragraphs (a) through necessary to include sensitive species in management plan. A land management (f). Additionally, revisions are proposed the list of resource conditions. plan is a programmatic document within these paragraphs (a) through (f) The proposed rule also would add supported by an EIS and Record of to provide clarity, revise the list of wild and scenic rivers to the list of Decision. A land management plan extraordinary circumstances, and Congressionally designated areas in guides the sustainable, integrated propose changes and additions to § 220.5(b)(1)(iii), and move potential resource management of the resources categorical exclusions in paragraphs (d) wilderness areas from (b)(1)(iv) to within the plan area in the context of and (e). (b)(1)(iii) to add it to the list of the broader landscape. Land

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management plans ‘‘must provide for conducted follow up engagement with Section 220.5(d) Categories of Actions social, economic, and ecological Forest Service personnel familiar with for Which a Project or Case File and sustainability within Forest Service the previously implemented actions, on Decision Memo Are not Required authority and consistent with the units where those actions were located, The proposed rule would consolidate inherent capability of the plan area’’ (36 to determine whether the effects of the existing CE at (e)(15), which requires 1 CFR 219.8). Ecological sustainability projects as implemented were consistent a decision memo, with the existing CE refers to the capability of ecosystems to with predictions in the NEPA analysis. at (d)(10), which does not require a maintain ecological integrity (36 CFR The Forest Service also reviewed and decision memo, as a new CE at (d)(11). 219.19). analyzed the comparable CEs of other CEs (e)(15) and (d)(10) would be Each Forest Service proposed action, federal agencies for benchmarking the removed. The existing CEs both cover including those authorized with a CE, proposals. The Agency’s proposal is clerical modification or reauthorization must be consistent with the applicable based on data from implementing of existing special uses. Both of these land management plan (16 U.S.C. CEs apply only when modification or 1604(i)). Forest Service proposed comparable past actions; the expert reauthorization of an existing special actions, including those authorized with judgment of the responsible officials a CE, are developed using an who made the findings for projects use does not involve changes in the interdisciplinary approach to identify reviewed for this supporting statement; authorized facilities or increase the design features to limit adverse information from other professional scope or intensity of authorized environmental effects; ensure staff, experts, and scientific analyses; activities. Both of these CEs are also consistency with land management and a review and comparison of similar used only when the permit holder is in plans; and take into account applicable CEs implemented by other Federal full compliance with the terms and plan goals, objectives, and desired agencies. Based on its review of all the conditions of the special use conditions, and other applicable laws, information provided, the Forest Service authorization. These criteria would also regulations, and policies. believes that actions covered by the apply to the new CE at (d)(11). Due to Categorical exclusions do not apply proposed CEs would not individually or their similarities, there is often where there are extraordinary cumulatively have significant effects on confusion over which CE to use. circumstances in which a normally the human environment, as defined at Consolidation of the existing CEs would excluded action may have a significant 40 CFR 1508.27. increase efficiency and reduce environmental effect (40 CFR 1508.4). confusion over which category to apply The Forest Service has prepared Nor do these administratively when issuing special use authorizations established CEs represent a final supporting statements for each of its to replace an existing or expired special determination of the level of NEPA proposed new CEs. These supporting use authorization, when such issuance review to be undertaken, as the statements summarize the is a purely clerical action to account for responsible official still retains administrative record and rationale for administrative changes. Establishment discretion to prepare an EA or EIS. the new CEs. The supporting statements and use of this consolidated CE would Activities conducted under these CEs support the Forest Service’s initial also help to reduce the backlogs for must be consistent with Agency determination that each CE does not processing renewals of existing procedures and applicable land individually or cumulatively have authorizations. management plans, and must comply significant impacts. The supporting Proposed new CE (d)(12) would cover with all applicable Federal and State statements provide the background and the issuance of a new authorization or laws for protecting the environment. context for why these proposals were amendment of an existing authorization The proposed CEs were developed developed and how they fit in with for activities that occur on existing considering other applicable Agency Agency and Departmental priorities; roads or trails, in existing facilities, or procedures and policies, and specific explain existing policy related to the in areas where activities are consistent limitations were imposed on some of activities covered by the proposed CE; with the applicable land management the categories based on these and document the process by which the plan or other documented decision. In considerations. The Agency believes it Forest Service developed the proposals. the Agency’s experience, the potential is appropriate to establish these CEs as The supporting statements are available for special uses to have significant a means to reduce paperwork and online at https://www.fs.fed.us/emc/ effects on the human environment is delays, consistent with CEQ regulations nepa/revisions/index.htm. For generally avoided when special uses for implementing NEPA at 40 CFR additional information on any of the occur on existing NFS roads or NFS 1500.4(p) and 1500.5(k). proposed CEs described below, please trails, in existing facilities, or in areas In accordance with CEQ’s 2010 see the associated supporting where activities are consistent with the guidance memorandum, the Forest statements, which include a larger applicable land management plan or Service reviewed and analyzed past discussion of the rationale for the other documented decision. New CE actions, including their supporting proposed CEs. The justification for (d)(12) would create more efficiencies in NEPA documentation, to develop initial proposed CEs (d)(11), (d)(12), and (e)(3), the processing of both new outlines of potential new CEs. The is included in the supporting statement authorizations and renewals of existing Agency convened discussions on the for Certain Special Uses Projects and its authorizations. proposed CEs with Agency leaders and associated appendices. The justification Section 220.5(e) Categories of Actions subject matter experts to further refine for proposed CEs (e)(20–25) is included for Which a Project or Case File and the proposals. The Agency also in the supporting statement for Certain Decision Memo Are Required Infrastructure Projects and its associated 1 The proposed rule would expand Similarly, National Forests managed under land appendices. management plans developed pursuant to the 1982 existing CE (e)(3) to cover the approval, planning regulations ‘‘shall provide for multiple use The justification for proposed CE modification, or continuation of special and sustained yield of goods and services from the (e)(26) is included in the supporting uses of NFS lands that require less than National Forest System in a way that maximizes long term net public benefits in an environmentally statement for Certain Restoration 20 acres of land. The current version of sound manner’’ (36 CFR 219.1(a) (1982)). Projects and its associated appendices. CE (e)(3) is limited to minor special uses

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that require less than five contiguous repair or could be decommissioned or Similar to the Agency’s administrative acres of land. The proposed rule would disposed of, reducing the Agency’s sites, recreation sites and facilities are also remove the term ‘‘minor.’’ The footprint. Accumulating deferred also in need of major repair or presence of ‘‘minor’’ in CE (e)(3) has maintenance can result in deterioration decommissioning. Additionally, caused confusion among Agency of performance, increased repair costs, a unauthorized trails that have been personnel because it is not a term of art decrease in asset value, along with created over time by users do not meet in this context. The Agency has health and safety concerns. The technical or environmental protection substantial experience authorizing activities proposed in CE (e)(21) would standards. Proposed CEs (e)(22) and (23) special uses. A review of EAs and help the Agency more efficiently would help the Forest Service more associated FONSIs relevant to this address these issues. The proposed CE efficiently address recreation proposed CE found that approval, was developed with input from subject management needs in order to reduce modification, or continuation of special matter experts. A review of projects and environmental and public safety uses that require less than 20 acres of their associated EAs and FONSIs found concerns. A suite of recreation NFS lands does not have the potential that no significant effects were management and trails management to have significant effects on the predicted on the human environment. projects completed using an EA and environment. The level of effects Based on a review of past actions, a their associated FONSIs were reviewed associated with the proposed actions in review of CEs implemented by other during development of these proposed the CE are expected to be below the agencies, and the Forest Service’s CEs, along with input from subject threshold for significant environmental extensive experience implementing matter experts and review of other effects. projects that allow for the use and Agency CEs. Based on this review, The proposed rule would expand the management of administrative sites, the consideration of projects being scope of CE (e)(20) to include lands Forest Service has concluded that this developed in compliance with other occupied by National Forest System proposed category of actions does not policies and practices mentioned above, roads and trails. The current version of have individual or cumulative and subject matter expertise, the Agency this CE, which was established in 2013, significant effects and, therefore, should does not expect that the proposed is limited to lands occupied by be categorically excluded from actions undertaken in proposed CEs unauthorized roads and trails. CE (e)(20) documentation in an EA or EIS. (e)(22) and (23) would individually or would allow activities that restore, Proposed new CE (e)(22) would cover cumulatively have significant rehabilitate, or stabilize lands occupied the construction, reconstruction, environmental effects. Proposed new CE by roads and trails to a more natural decommissioning, or disposal of (e)(24) would cover the construction or condition. The proposal to expand CE buildings, infrastructure, or realignment of up to 5 miles of NFS 20 to include NFS roads and trails was improvements at an existing recreation roads, reconstruction of up to 10 miles made based on a review of site. This would include infrastructure of NFS roads and associated parking implementation of existing CE (e)(20), a or improvements that are adjacent or areas, opening or closing an NFS road, review of the record and supporting connected to an existing site and and culvert or bridge rehabilitation or statement from when CE (e)(20) was provide access or utilities for that site. replacement along NFS roads. The established (which has been Recreation sites include, but are not mileage limitations included in this incorporated in the record), subject limited to, campgrounds and camping proposed CE were established from a matter expertise, and a review of other areas, picnic areas, day use areas, review of previously implemented road and trail management projects that fishing sites, interpretive sites, visitor actions, discussions and coordination included decommissioning activities for centers, trailheads, ski areas, and with Agency transportation program NFS roads and NFS trails. A review of observation sites. This CE would apply managers, and a review of existing CEs EAs and associated FONSIs for the to both existing recreation sites related to roads management in use by projects that included the proposed managed by the Forest Service and sites other Federal agencies. activities found that none of them managed under special use authorities. Proposed new CE (e)(25) would cover predicted significant effects on the Use of this CE would be limited to the conversion of an unauthorized or human environment. Regardless of existing recreation sites and used non-National Forest System (non-NFS) whether the activity undertaken is the alongside other established Agency road to an NFS road. When determining restoration of lands occupied by an NFS processes, such as those processes used whether to convert a non-NFS road to road or NFS trail or unauthorized road for facility master planning and for an NFS road, the responsible official or trail, the actions and environmental screening special use permit would also consider outcomes related to impacts are generally the same. applications (36 CFR 251). the local unit’s travel analysis process, Proposed new CE (e)(21) would cover Proposed new CE (e)(23) would cover travel management decisions, and the construction, reconstruction, the conversion of an unauthorized or overall goals and objectives of the decommissioning, relocation, or non-NFS trail or trail segments to an transportation program. disposal of buildings, infrastructure, or NFS trail, when determined appropriate Proposed CEs (e)(24) and (25) were other improvements at an existing by the responsible official and developed with a focus on increasing administrative site, as that term is consistent with applicable land efficiency and management of National defined in section 502(1) of Public Law management plan direction, travel Forest System roads. The Forest Service 109–54 (119 Stat. 559; 16 U.S.C. 580d management decisions, trail-specific infrastructure includes over 370,000 note). Use of this CE would be limited direction, and other related direction. miles of roads and 13,000 road and trail to existing administrative sites, and When considering conversion of an bridges. Recreational use and need for used alongside other established Agency unauthorized trail to an NFS trail, the access to NFS lands on NFS roads processes, such as those processes used responsible official should also consider continues to increase; these roads are for facility master planning and whether the converted route would also used for resource protection. identifying the appropriate level of meet Trail Management Objectives and Deterioration of roads over time analysis for a specific project. Many provide the desired recreation increases risk of erosion, landslides, and Forest Service administrative facilities experience, and the route’s long-term slope failure, which creates are in need of reconstruction or major maintenance needs. environmental and safety concerns.

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These proposed CEs would help the restoration activities have not been Statement and Record of Decision. The Forest Service more efficiently address individually or cumulative significant. proposed rule would revise all of the some of these growing concerns. Based Based on this experience, professional paragraphs of § 220.7 by replacing all of upon a review of previously expertise, and analysis of EAs and the text with new text based on current implemented projects and subject associated FONSIs for previously § 220.5, paragraphs (a) through (g). matter expertise and building on the implemented projects, the Agency does Additionally, revisions are proposed Agency’s extensive background in not expect that the restoration activities within these paragraphs (a) through (g), managing NFS roads and associated proposed in this CE would result in including adding a paragraph on public infrastructure, such as bridges, the potentially significant effects. notice and scoping. Forest Service anticipates that the level Proposed new CE (e)(27) would cover The proposed rule, in paragraph (a) of of effects associated with proposed a Forest Service action that will be this section, would revise the list of actions covered by the proposed CEs to implemented jointly with another classes of actions normally requiring an be below the threshold for significant Federal agency where the action EIS. The proposed rule would add environmental effects. qualifies for a CE of the other Federal development of a new land management Proposed new CE (e)(26) would cover agency. If the Forest Service chooses to plan or land management plan revision ecosystem restoration or resilience use another Federal agency’s CE to in accordance with 36 CFR 219.7. The activities, in compliance with the cover a proposed action, the responsible proposed rule also would add mining applicable land management plan, official must obtain written operations that authorize surface taking into account plan goals, confirmation from the other Federal disturbance on greater than 640 acres objectives, or desired conditions. agency that the CE applies to the over the life of the proposed action. The Activities to improve ecosystem health, proposed action. Proposed actions proposed rule would remove classes of resilience, or other watershed covered by this CE would remain actions that would substantially alter conditions cannot exceed 7,300 acres. subject to applicable land management the undeveloped character of an When commercial or non-commercial plan direction and other applicable inventoried roadless area or a potential timber harvest activities are proposed laws, regulations, and policies. wilderness area. The Agency proposes (§ 220.5(a)(26)(i)(H) and (i)(I)), they must this change in part because the activities 36 CFR Section 220.6 Categorical be carried out in combination with at that have the greatest potential to affect Exclusions least one additional restoration activity the roadless character of these lands are to qualify for the CE, and harvested The proposed rule would revise the addressed separately by the Roadless acres cannot exceed 4,200 of the 7,300 heading of § 220.6 to read as follows: Area Conservation Rule and state- acres. The Forest Service defines Section 220.6 Environmental specific roadless rules at 36 CFR part restoration as ‘‘the process of assisting Assessment and Decision Notice. The 294. Potential wilderness areas are a the recovery of an ecosystem that has proposed rule would revise all of the class of Congressionally designated been degraded, damaged, or destroyed. paragraphs of section 220.6 by replacing lands where management must conform Ecological restoration focuses on all of the text with new text based on with the establishing statute’s reestablishing the composition, current § 220.7, paragraphs (a) through requirements, and therefore structure, pattern, and ecological (d). Additionally, revisions are proposed presumptive preparation of an EIS is not processes necessary to facilitate within these paragraphs, including required. The responsible official would terrestrial and aquatic ecosystems adding a paragraph on public continue to prepare an EIS for proposed sustainability, resilience, and health involvement. actions where impacts may be under current and future conditions’’ The proposed rule would revise significant. (36 CFR 219.19 and FSM 2020). paragraph (a) to state that an EA, which Proposed new paragraph (b) would The Forest Service reviewed recently is prepared to determine whether to require scoping for an EIS to be carried implemented actions to develop this prepare either a FONSI or EIS, may be out in accordance with CEQ proposed CE by randomly selecting a prepared in any format. This revision requirements at 40 CFR 1501.7. sample of 68 projects from over 718 emphasizes the primary purpose of Paragraph (b) also clarifies that no single projects completed under an EA from preparing an EA according to CEQ’s scoping technique is required or fiscal years 2012 to 2016. The average of regulations at 40 CFR 1508.9. The prescribed; however, while public commercial and non-commercial proposed rule would add new notice shall be provided in the Schedule harvest activities from the 68 sampled paragraph (c) and relabel the subsequent of Proposed Actions as required at EAs was 4,237 acres, and the average of items in § 220.6. Paragraph (c) would § 220.4(d), the Schedule of Proposed total project activities was 7,369 acres. clarify that in addition to the public Actions shall not be the sole scoping Further information on these projects is notice requirements listed at § 220.4(d), mechanism. Current paragraphs (b) available in the supporting statement for and any requirements specified by through (g) would be re-designated as Certain Restoration Projects and its applicable statutes or regulations (such (c) through (h), respectively. associated appendices. as 36 CFR part 218), the responsible The proposed rule would revise Proposed CE (e)(26) was developed official may choose to conduct current paragraph (e) relating to EIS with the intent to allow the Agency to additional public engagement alternatives and re-designate it as more efficiently implement projects that opportunities to involve key paragraph (f). The proposed rule would include restoration activities to improve stakeholders and interested parties. clarify that each alternative other than forest health and resiliency to Additional involvement would be the no action alternative must meet the disturbances and to improve terrestrial conducted commensurate with the purpose and need. The proposed rule and aquatic habitat and other watershed nature of the decision being made. also would eliminate the requirement conditions. The Agency has for alternatives to address one or more implemented forest and watershed Section 220.7 Environmental significant issues related to the restoration projects for decades. Assessment and Decision Notice proposed action. Alternatives may, but Through this experience, the Agency The proposed rule would revise the are not required to, address issues has found that in certain circumstances heading of § 220.7 to read as follows: related to the proposed action. For the environmental effects of some Section 220.7 Environmental Impact example, an alternative may simply

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address a different way of responding to Distribution, or Use. It has been Many benefits and costs associated the purpose and need for action, determined that this proposed rule does with the rule are not quantifiable. consistent with CEQ’s requirement to not constitute a significant energy action Benefits (or cost reductions) derived develop alternatives ‘‘in any proposal as defined in the Executive Order. from the opportunities for public which involves unresolved conflicts engagement to more fully address public Consultation and Coordination With concerning alternative uses of available concerns, timely and focused Indian Tribal Governments resources’’ (40 CFR 1501.2(c); environmental analysis, flexibility in 1507.2(d)). ‘‘Unresolved conflicts’’ and This proposed rule has been reviewed preparation of environmental issues often overlap, but not in every under Executive Order 13175 of documents, and improved decision instance. November 6, 2000, Consultation and making indicate a positive net benefit of Coordination with Indian Tribal the proposed rule. The proposed rule Proposed Revisions to Forest Service Governments. The Forest Service is aims to increase efficiency of Directives sending letters inviting federally environmental analysis while remaining Forest Service Manual 1950 and recognized Tribes and Alaska Native true to NEPA’s intent of informed Handbook 1909.15 Corporations to begin consultation on decision making and without weakening the proposed rule. The Forest Service The Forest Service will propose the Agency’s NEPA process. The will continue to conduct government-to- revisions to its directives, Forest Service proposed rule is expected to increase government consultation on the rule Handbook (FSH 1909.15) and Manual the pace and scale of forest and until the final rule is published. (FSM 1950), in conjunction with this grassland management operations on Pursuant to Executive Order 13175, the ground, thereby helping sustain the rulemaking. FSM 1950 provides the Agency has assessed the impact of descriptions of Forest Service NEPA health of forests and grasslands and this proposed rule on Indian tribal meet the needs of the public. The direct authority, objectives, policy, and governments and has determined that responsibilities. Forest Service benefits of the proposed rule are, the proposed rule would not therefore, reduced costs and time spent Handbook 1909.15 provides explanatory significantly or uniquely affect guidance interpreting CEQ and Forest on environmental analysis, where costs communities of Indian tribal include those incurred by the Forest Service procedures in regulation. A governments. The proposed rule deals subsequent notice will be published in Service as well as by proponents or the with administrative procedures for public engaged in the environmental the Federal Register announcing the complying with the requirements of the availability of the proposed directives analysis process. The indirect benefits National Environmental Policy Act and, to the public are also expected to and list information on how to comment as such, has no direct effect on the on the proposed directives. When the increase, as the proposed rule would occupancy and use of NFS land. provide for timelier development of, notice is published, the proposed The Agency has also determined that directives and a copy of the Federal access to, and use of forest ecosystem this proposed rule would not impose goods and services, which are provided Register notice will be posted at https:// substantial direct compliance costs on by healthier and more productive www.fs.fed.us/emc/nepa/revisions/ Indian tribal governments. This forests. index.htm. proposed rule does not mandate tribal For example, by implementing Regulatory Certifications participation in the Forest Service Determination of NEPA Adequacy, the NEPA process. Agency anticipates reductions in time National Environmental Policy Act The proposed directives will and cost as a result of reducing The proposed rule would revise emphasize and recognize the benefit of redundant analyses. Use of condition- agency procedures and guidance for including Tribes in public engagement based management provides flexibility implementing NEPA. Forest Service strategies. The proposed directives will to account for changing conditions on NEPA procedures are procedural also highlight opportunities to leverage the ground over time. Condition-based guidance to assist in the fulfillment of existing data from Tribes and analyses, management also allows the Agency to agency responsibilities under NEPA, but along with other Federal, State, or local satisfy NEPA despite uncertainty are not the agency’s final determination agencies to gain efficiency in the NEPA through validation of data and of what level of NEPA analysis is process. Inclusion of Tribes, tribal assumptions relied upon in NEPA required for a particular proposed members, tribal organizations, and analysis prior to implementation. Use of action. The CEQ set forth the Alaska Native Corporations in public condition-based management may requirements for establishing agency engagement strategies is beneficial; increase the scope and scale of analyses NEPA procedures in its regulations at 40 however, the proposed directives will and the number of activities authorized CFR 1505.1 and 1507.3. The CEQ also recognize these efforts are not a in a single analysis and decision. These regulations do not require agencies to substitute for fulfilling Tribal efficiencies may reduce total Agency conduct NEPA analyses or prepare consultation requirements. costs and decisionmaking time. These NEPA documentation when establishing concepts, however, will take some time Executive Orders 12866 their NEPA procedures. The to become well-established and widely determination that establishing agency This proposed rule has been reviewed used; potential benefits will occur over NEPA procedures does not require under USDA procedures and Executive time. NEPA analysis and documentation has Order (E.O.) 12866 issued September 30, From Fiscal Years 2014 to 2018, the been upheld in Heartwood, Inc. v. U.S. 1993, on regulatory planning and Agency’s average annual environmental Forest Service, 230 F.3d 947, 954–55 review, and the major rule provisions of analysis workload included (7th Cir. 2000). the Small Business Regulatory approximately 1,590 CEs and 277 EAs. Enforcement and Fairness Act (5 U.S.C. The average time to decision for CEs Energy Effects 800). The Office of Management and was 206 days and for EAs was 687 days. This proposed rule has been reviewed Budget (OMB) has determined that this The proposed rule includes under Executive Order 13211, Actions is a significant rule as defined by E.O. development of 7 new CEs with a Concerning Regulations That 12866 and therefore will be subject to decision memo. Focusing on the new Significantly Affect Energy Supply, interagency review. CEs, the Agency assumes for the

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purpose of this analysis that each CE the proposed rule are as discussed impede its full implementation will be may be used an average of 1 to 30 times above. preempted; (2) no retroactive effect is a year. Under these assumptions, the given to this proposed rule; and (3) Congressional Review Act proposed rule may potentially result in exhaustion of administrative 7 to 210 decision memos being Pursuant to the Congressional Review proceedings before parties may file suit completed in lieu of a decision notice. Act (5 U.S.C. 801 et seq.), the Office of in court challenging its provisions is As a result, the Agency may complete Information and Regulatory Affairs required. NEPA analysis on these projects an designated this rule as not a ‘major rule’, Unfunded Mandates Reform Act average of 1 to 16 months earlier, per as defined by 5 U.S.C. 804(2). project. In practice, these figures will Regulatory Flexibility Act Pursuant to Title II of the Unfunded vary dependent upon the project and Mandates Reform Act (UMRA) of 1995 nature of the CE being used. The Agency The Regulatory Flexibility Act (RFA), (2 U.S.C. 1531–1538), the Agency has also anticipates use of the new CEs to as amended by the Small Business assessed the effects of the proposed rule slowly increase over time, taking into Regulatory Flexibility Enforcement on State, local, and Tribal governments, account time for adoption across the Fairness Act of 1996 and Executive and the private sector. This proposed agency as has been observed during Order 13272, requires an agency to rule would not compel the expenditure implementation of other new CEs over prepare a regulatory flexibility analysis of $100 million or more by any State, the course of the past several years. The of rules which have received a local, or Tribal government, or anyone Agency has recent experience significant determination by the Office in the private sector. Therefore, this implementing new CEs, such as the of Management and Budget under proposed rule is not subject to the three soil and water restoration CEs that Executive Order 12866. The proposed requirements of section 202 and 205 of were established in 2013 and recent rule only directly affects the Forest the UMRA. legislative amendments to the Healthy Service, and as such, will not have a Controlling Paperwork Burdens on the Forests Restoration Act (HFRA) Section significant impact on a substantial Public 603 and 605, in 2014 and 2018, number of small entities. The proposed respectively. rule is expected to have a minor positive This proposed rule does not contain There is potential for some time and indirect effect on small entities, any additional recordkeeping or cost savings by removing formal scoping including small government entities, by reporting requirements or other periods for some EAs and CEs; however, increasing efficiencies in environmental information collection requirements as under existing scoping practices, other analysis and decision making, defined in 5 CFR part 1320 that are not work on a project often continues improving clarity, and reducing delays already required by law, or are not during scoping and not every day is associated with NEPA compliance. already approved for use, and therefore actively spent working on a project. Federalism imposes no additional paperwork burden on the public. Accordingly, the Therefore, it is difficult to quantify The Agency has considered this review provisions of the Paperwork estimated savings. The changes proposed rule under the requirements of Reduction Act of 1995 (44 U.S.C. 3501 proposed place emphasis on right-sizing Executive Order 13132, Federalism. The et seq.) and its implementing public engagement opportunities and Agency has concluded that the rule regulations at 5 CFR part 1320 do not allow for discretion and flexibility in conforms with the federalism principles apply. our scoping and public engagement set out in this Executive Order; will not mechanisms. This approach will allow impose any compliance costs on the List of Subjects in 36 CFR Part 220 the Agency to concentrate resources on states; and will not have substantial projects that are potentially more direct effects on the States or the Administrative practices and complex or have greater public interest. relationship between the national procedures, Environmental impact Increased discretion and flexibility can government and the States, or on the statements, Environmental protection, provide more transparency, provide distribution of power and National forests, Science and timelier responses to public needs, and responsibilities among the various technology. accelerate decisionmaking. levels of government. Therefore, the ■ Therefore, for the reasons set forth in Some members of the public may Agency has determined that no further the preamble, the Department of perceive the changes to scoping as a assessment of federalism implications is Agriculture proposes to amend chapter cost. However, the Agency’s public necessary. II of Title 36 of the Code of Federal engagement requirements will still Regulations by revising part 220 to read exceed the requirements of CEQ’s NEPA No Takings Implications as follows: regulations notifying the public through This rule has been analyzed in posting all EISs, EAs, and CEs with an accordance with the principles and PART 220—National Environmental associated decision memo to the criteria contained in Executive Order Policy Act (NEPA) Compliance Schedule of Proposed Actions. This 12630, Governmental Actions and perceived cost is further reduced in the Interference with Constitutionally Sec. case of EAs due to the Agency’s Protected Property Rights, and it has 220.1 Purpose and scope. requirement under 36 CFR 218 to 220.2 Applicability. been determined that the rule does not 220.3 Definitions. provide notice and an opportunity to pose the risk of a taking of protected 220.4 General requirements. comment. private property. 220.5 Categorical exclusions. Executive Order 13771 Civil Justice Reform 220.6 Environmental assessment and decision notice. The proposed rule has been reviewed This proposed rule has been reviewed 220.7 Environmental impact statement and in accordance with E.O. 13771 on under E.O. 12988, Civil Justice Reform. record of decision. reducing regulation and controlling Under the proposed rule, (1) all State Authority: 42 U.S.C. 4321 et seq.; E.O. regulatory costs, and is considered an and local laws and regulations that 11514; 40 CFR parts 1500–1508; 7 CFR part E.O. deregulatory action. The impacts of conflict with this proposed rule or 1b.

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§ 220.1 Purpose and scope. Environmentally preferable of this part, then the following (a) Purpose. This part establishes alternative. The environmentally provisions apply. Forest Service, U.S. Department of preferable alternative is the alternative (1) The responsible official may take Agriculture (USDA) procedures for that will best promote the national actions necessary to control the compliance with the National environmental policy as expressed in immediate impacts of the emergency Environmental Policy Act (NEPA) of NEPA’s section 101 (42 U.S.C. 4321). and are urgently needed to mitigate 1969 (42 U.S.C. 4321 et seq.) and the Ordinarily, the environmentally harm to life, property, or important Council on Environmental Quality preferable alternative is that which natural or cultural resources. When (CEQ) regulations for implementing the causes the least harm to the biological taking such actions, the responsible procedural provisions of NEPA (40 CFR and physical environment; it also is the official shall take into account the parts 1500 through 1508). alternative which best protects and probable environmental consequences (b) Scope. This part supplements and preserves historic, cultural, and natural of the emergency action and mitigate does not lessen the applicability of the resources. In some situations, there may foreseeable adverse environmental CEQ regulations, and is to be used in be more than one environmentally effects to the extent practicable. conjunction with the CEQ regulations preferable alternative. (2) If the responsible official proposes and USDA regulations at 7 CFR part 1b. Reasonably foreseeable future actions. emergency actions other than those Those Federal or non-Federal activities actions described in paragraph (b)(1) of § 220.2 Applicability. not yet undertaken, for which there are this section, and such actions are not This part applies to all organizational existing decisions, funding, or identified likely to have significant environmental elements of the Forest Service. proposals. Identified proposals for impacts, the responsible official shall Consistent with 40 CFR 1500.3, no Forest Service actions are described in document that determination in an EA trivial violation of this part shall give § 220.4(a). and FONSI prepared in accord with rise to any independent cause of action. Responsible official. The Agency these regulations. If the responsible employee who has the authority to make official finds that the nature and scope § 220.3 Definitions. and implement a decision on a of proposed emergency actions are such The following definitions proposed action. that they must be undertaken prior to supplement, by adding to, the terms Schedule of proposed actions (SOPA). preparing any NEPA analysis and defined at 40 CFR parts 1500 through A Forest Service document that documentation associated with a CE or 1508. provides public notice about those an EA and FONSI, the responsible Adaptive management. A system of proposed Forest Service actions for official shall consult with the management practices based on clearly which a record of decision, decision Washington Office about alternative identified intended outcomes and notice, or decision memo would be or arrangements for NEPA compliance. monitoring to determine if management has been prepared. The SOPA also The Chief or Associate Chief of the actions are meeting those outcomes; identifies a contact for additional Forest Service may grant emergency and, if not, to facilitate management information on proposed actions. alternative arrangements under NEPA changes that will best ensure that those § 220.4 General requirements. for environmental assessments, findings outcomes are met or re-evaluated. of no significant impact and categorical (a) Proposed actions subject to the Adaptive management stems from the exclusions (FSM 1950.41a). NEPA requirements. As required by 42 recognition that knowledge about Consultation with the Washington U.S.C. 4321 et seq., a Forest Service natural resource systems is sometimes Office shall be coordinated through the proposal is subject to the NEPA uncertain. appropriate regional office. requirements when all of the following Condition-based management. A apply: (3) If the responsible official proposes system of management practices based (1) The Forest Service has a goal and emergency actions other than those on implementation of specific design is actively preparing to make a decision actions described in paragraph (b)(1) of elements from a broader proposed on one or more alternative means of this section and such actions are likely action, where the design elements vary accomplishing that goal and the effects to have significant environmental according to a range of on-the-ground can be meaningfully evaluated (see 40 impacts, then the responsible official conditions in order to meet intended CFR 1508.23); shall consult with CEQ, through the outcomes. Condition-based management (2) The proposed action is subject to appropriate regional office and the stems from the recognition that the Forest Service control and responsibility Washington Office, about alternative environment is dynamic, changing as (see 40 CFR 1508.18); arrangements in accordance with CEQ ecosystems respond to changing natural (3) The proposed action would cause regulations at 40 CFR 1506.11 as soon and human-caused events. effects on the natural and physical as possible. Decision document. A record of environment and the relationship of (c) Agency decisionmaking. For each decision, decision notice or decision people with that environment (see 40 Forest Service proposal (§ 220.4(a)), the memo. CFR 1508.14); and responsible official shall coordinate and Decision memo. A concise written (4) The proposed action is not integrate NEPA review and relevant record of the responsible official’s statutorily exempt from the environmental documents with agency decision to implement an action requirements of section 102(2)(C) of the decisionmaking by: categorically excluded from analysis NEPA (42 U.S.C. 4332(2)(C)). (1) Leading the proposal development and documentation in an environmental (b) Emergency responses. When the and environmental analysis process, to impact statement (EIS) or environmental responsible official determines that an ensure a focused approach; assessment (EA). emergency exists that makes it (2) Completing the environmental Decision notice. A concise written necessary to take urgently needed document review before making a record of the responsible official’s actions before preparing a NEPA decision on the proposal; decision when an EA and finding of no analysis and any required (3) Considering environmental significant impact (FONSI) have been documentation in accordance with the documents, public and other agency prepared. provisions in §§ 220.5, 220.6, and 220.7 comments (if any) on those documents,

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and agency responses to those respect to past actions, during the determination, the responsible official comments; public involvement process and shall evaluate: (4) Including environmental subsequent preparation of the analysis, (i) Is the new proposed action documents, comments, and responses in the agency must determine what essentially similar to a previously the administrative record; information regarding past actions is analyzed proposed action or alternative (5) Considering the alternatives useful and relevant to the required analyzed in detail in previous NEPA analyzed in environmental document(s) analysis of cumulative effects. analysis? before rendering a decision on the Cataloging past actions and specific (ii) Is the range of alternatives proposal; and information about the direct and previously analyzed adequate under (6) Making a decision encompassed indirect effects of their design and present circumstances? within the range of alternatives implementation could, in some (iii) Is there any significant new analyzed in the environmental contexts, be useful to predict the information or circumstances relevant to documents. cumulative effects of the proposal. The environmental concerns that would (d) Scoping and public notice. CEQ regulations, however, do not substantially change the analysis in the Minimum requirements for scoping and require agencies to catalogue or existing NEPA document(s)? public notice are listed below, except exhaustively list and analyze all (iv) Are the direct, indirect, and where specified by applicable statutes individual past actions. Simply because cumulative effects that would result from implementation of the new or regulations (for example, 36 CFR part information about past actions may be 218). Additional public involvement is proposed action similar (both available or obtained with reasonable at the discretion of the local responsible quantitatively and qualitatively) to those effort does not mean that it is relevant official. analyzed in the existing NEPA and necessary to inform (1) The Forest Service will publish to document(s)? the Schedule of Proposed Actions decisionmaking. (40 CFR 1508.7) (2) A DNA for a new proposed action (SOPA) all proposed actions that will be (f) Classified information. To the shall be included in the project record documented with a decision memo, extent practicable, the responsible for the new proposed project or activity. environmental assessment, or official shall segregate any information New project and activity decisions made environmental impact statement. The that has been classified pursuant to in reliance on a DNA shall be subject to local responsible official shall ensure Executive order or statute. The all applicable notice, comment, and the SOPA is updated and notify the responsible official shall maintain the administrative review processes. public of the availability of the SOPA. confidentiality of such information in a (j) Adaptive Management. The (2) Scoping is required for all Forest manner required for the information proposed action and any alternatives to Service environmental impact involved. Such information may not be the proposed action may include statements (40 CFR 1501.7). included in any publicly disclosed adaptive management. An adaptive (e) Cumulative effects considerations documents. If such material cannot be management proposal or alternative of past actions. Cumulative effects reasonably segregated, or if segregation must clearly identify the adjustment(s) analysis shall be carried out in would leave essentially meaningless that may be made when monitoring accordance with 40 CFR 1508.7 and in material, the responsible official must during project implementation indicates accordance with ‘‘The Council on withhold the entire analysis document that the action is not having its intended Environmental Quality Guidance from the public; however, the effect, or is causing unintended and Memorandum on Consideration of Past responsible official shall otherwise undesirable effects. The NEPA analysis Actions in Cumulative Effects Analysis’’ prepare the analysis documentation in must disclose not only the effect of the dated June 24, 2005. The analysis of accord with applicable regulations. (40 proposed action or alternative but also cumulative effects begins with CFR 1507.3(c)) the effect of the adjustment. Such consideration of the direct and indirect (g) Incorporation by reference. proposal or alternative must also effects on the environment that are Material may be incorporated by describe the monitoring that would take expected or likely to result from the reference into any environmental or place to inform the responsible official alternative proposals for agency action. decision document. This material must during implementation whether the Agencies then look for present effects of be reasonably available to the public action is having its intended effect. past actions that are, in the judgment of and its contents briefly described in the (k) Condition-based management. The the agency, relevant and useful because environmental or decision document. proposed action and any alternatives they have a significant cause-and-effect (40 CFR 1502.21) may include condition-based relationship with the direct and indirect (h) Applicants. The responsible management. A condition-based effects of the proposal for agency action official shall make policies or staff management alternative must clearly and its alternatives. CEQ regulations do available to advise potential applicants identify the management actions that not require the consideration of the of studies or other information will be undertaken, and any design individual effects of all past actions to foreseeably required for acceptance of elements that will be implemented, determine the present effects of past their applications. Upon acceptance of when a certain set or range of conditions actions. Once the agency has identified an application as provided by 36 CFR are present. The NEPA analysis must those present effects of past actions that 251.54(g) the responsible official shall disclose the effects of all condition- warrant consideration, the agency initiate the NEPA process. based actions, taking into account assesses the extent that the effects of the (i) Determination of NEPA Adequacy. design elements that limit such actions. proposal for agency action or its (1) NEPA analysis performed for a Such proposal or alternative must also alternatives will add to, modify, or previous proposed action can suffice for describe the process by which mitigate those effects. The final analysis a new proposed action. A Determination conditions will be validated prior to documents an agency assessment of the of NEPA Adequacy (DNA) is a tool to implementation. cumulative effects of the actions determine whether a previously (l) Supplementation and new considered (including past, present, and completed NEPA analysis can satisfy information. (1) The responsible official reasonably foreseeable future actions) NEPA’s requirements for a subsequent shall prepare supplements to either on the affected environment. With proposed action. In making this draft or final environmental impact

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statements (40 CFR 1502.9(c) or The responsible official may consider (iii) Resurfacing a road to its original environmental assessments if: whether long-term beneficial effects condition; (i) The agency makes substantial outweigh short-term adverse effects in (iv) Pruning vegetation and cleaning changes in the proposed action that are making this determination. culverts along a trail and grooming the relevant to environmental concerns; or (c) Public involvement. In addition to surface of the trail; and (ii) There are significant new public notice in the SOPA, as required (v) Surveying, painting, and posting circumstances or information relevant to at 220.4(d), the responsible official may landline boundaries. environmental concerns and bearing on choose to conduct additional public (5) Repair and maintenance of the proposed action or its impacts and engagement activities to involve key recreation sites and facilities. Examples there remains Federal action to occur. stakeholders and interested parties. This include but are not limited to: (2) The responsible official may additional involvement shall be (i) Applying registered herbicides to prepare a supplemental information conducted commensurate with the control poison ivy on infested sites in a report to document the review of nature of the decision to be made. campground; potentially significant new (d) Categories of actions for which a (ii) Applying registered insecticides circumstances or information. If a project or case file and decision memo by compressed air sprayer to control supplemental information report is are not required. A supporting record insects at a recreation site complex; prepared, it shall be included in the and a decision memo are not required, (iii) Repaving a parking lot; and (iv) Applying registered pesticides for project record. but at the discretion of the responsible official, may be prepared for the rodent or vegetation control. § 220.5 Categorical exclusions. following categories: (6) Acquisition of land or interest in (a) General. A proposed action may be (1) Orders issued pursuant to 36 CFR land. Examples include but are not categorically excluded from analysis part 261—Prohibitions to provide short- limited to: (i) Accepting the donation of lands or and documentation in an EA or EIS term resource protection or to protect public health and safety. Examples interests in land to the NFS, and when there are no extraordinary (ii) Purchasing fee, conservation circumstances related to the proposed include but are not limited to: (i) Closing a road to protect bighorn easement, reserved interest deed, or action, and the proposed action is other interests in lands. within one or more of the categories sheep during lambing season, and (ii) Closing an area during a period of (7) Sale or exchange of land or interest listed at 7 CFR part 1b.3 or 36 CFR in land and resources where resulting extreme fire danger. 220.5(d) or (e). All categories are land uses remain essentially the same. independently established and do not (2) Rules, regulations, or policies to establish service-wide administrative Examples include but are not limited to: constrain or limit the operation of each (i) Selling or exchanging land procedures, program processes, or other. Multiple categories may be relied pursuant to the Small Tracts Act; upon for a single proposed action when instructions. Examples include but are (ii) Exchanging NFS lands or interests a single category does not cover all not limited to: with a State agency, local government, (i) Adjusting special use or recreation aspects of the proposed action. or other non-Federal party (individual fees using an existing formula; (b) Resource conditions. (1) Resource or organization) with similar resource conditions that should be considered in (ii) Proposing a technical or scientific method or procedure for screening management objectives and practices; determining whether extraordinary (iii) Authorizing the Bureau of Land effects of emissions on air quality circumstances related to a proposed Management to issue leases on action warrant analysis and related values in Class I wildernesses; (iii) Proposing a policy to defer producing wells when mineral rights documentation in an EA or an EIS are: payments on certain permits or revert to the United States from private (i) Federally listed threatened or ownership and there is no change in endangered species or designated contracts to reduce the risk of default; (iv) Proposing changes in contract activity; and critical habitat and species proposed for terms and conditions or terms and (iv) Exchange of administrative sites Federal listing or proposed critical conditions of special use authorizations; involving other than NFS lands. habitat; (v) Establishing a service-wide (8) Approval, modification, or (ii) Flood plains, wetlands, or process for responding to offers to continuation of minor short-term (1 year municipal watersheds; exchange land and for agreeing on land or less) special uses of NFS lands. (iii) Congressionally designated areas, values; and Examples include but are not limited to: such as wilderness, wilderness study (vi) Establishing procedures for (i) Approving, on an annual basis, the areas, potential wilderness areas, wild amending or revising forest land and intermittent use and occupancy by a and scenic rivers, or national recreation resource management plans. State-licensed outfitter or guide; areas; (3) Repair and maintenance of (ii) Approving the use of NFS land for (iv) Roadless areas designated under administrative sites. Examples include apiaries; and (iii) Approving the gathering of forest 36 CFR part 294; but are not limited to: (v) Research natural areas; (i) Mowing lawns at a district office; products for personal use. (vi) American Indian and Alaska (ii) Replacing a roof or storage shed; (9) Issuance of a new permit for up to Native religious or cultural sites; and (iii) Painting a building; and the maximum tenure allowable under (vii) Archaeological sites, or historic (iv) Applying registered pesticides for the National Forest Ski Area Permit Act properties or areas. rodent or vegetation control. of 1986 (16 U.S.C. 497b) for an existing (2) The mere presence of one or more (4) Repair and maintenance of roads, ski area when such issuance is a purely of these resource conditions does not trails, and landline boundaries. ministerial action to account for preclude use of a categorical exclusion. Examples include but are not limited to: administrative changes, such as a Extraordinary circumstances exist when (i) Authorizing a user to grade, change in ownership of ski area there is a cause-and-effect relationship resurface, and clean the culverts of an improvements, expiration of the current between a proposed action and listed established NFS road; permit, or a change in the statutory resource conditions and the responsible (ii) Grading a road and clearing the authority applicable to the current official determines that there is a roadside of brush without the use of permit. Examples include, but are not likelihood of substantial adverse effects. herbicides; limited to:

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(i) Issuing a permit to a new owner of (iii) Issuance of an outfitting and (viii) Approving the continued use of ski area improvements within an guiding permit for backcountry skiing; land where such use has not changed existing ski area with no changes to the (iv) Issuance of a permit for a one time since authorized and no change in the master development plan, including no use of existing facilities for fund raising physical environment or facilities are changes to the facilities or activities for activities and other recreational events. proposed. that ski area; (v) Issuance of a campground (4) [Reserved] (ii) Upon expiration of a ski area concession permit for an existing (5) Regeneration of an area to native permit, issuing a new permit to the campground that has previously been tree species, including site preparation holder of the previous permit where the operated by the Forest Service. that does not involve the use of holder is not requesting any changes to (e) Categories of actions for which a herbicides or result in vegetation type the master development plan, including project or case file and decision memo conversion. Examples include, but are changes to the facilities or activities; are required. A supporting record is not limited to: and required and the decision to proceed (i) Planting seedlings of superior trees (iii) Issuing a new permit under the must be documented in a decision in a progeny test site to evaluate genetic National Forest Ski Area Permit Act of memo for the categories of action in worth, and 1986 to the holder of a permit issued paragraphs (e)(1) through (28) of this (ii) Planting trees or mechanical seed under the Term Permit and Organic section. As a minimum, the project or dispersal of native tree species Acts, where there are no changes in the case file should include any records following a fire, flood, or landslide. type or scope of activities authorized prepared, such as: The names of (6) Timber stand and/or wildlife and no other changes in the master interested and affected people, groups, habitat improvement activities that do and agencies contacted; the development plan. not include the use of herbicides or do determination that no extraordinary (10) [Reserved] not require more than 1 mile of low circumstances exist; a copy of the (11) Issuance of a new special use standard road construction. Examples decision memo; and a list of the people authorization to replace an existing or include, but are not limited to: notified of the decision. expired special use authorization, when (i) Girdling trees to create snags; (1) Construction and reconstruction of (ii) Thinning or brush control to such issuance is a purely clerical action trails. Examples include, but are not to account for administrative changes, improve growth or to reduce fire hazard limited to: including the opening of an existing such as a change in ownership of (i) Constructing or reconstructing a authorized improvements or expiration road to a dense timber stand; trail to a scenic overlook, and (iii) Prescribed burning to control of the current authorization, and where (ii) Reconstructing an existing trail to understory hardwoods in stands of there are no changes to the authorized allow use by individuals with southern pine; and facilities or increases in the scope or disabilities. (iv) Prescribed burning to reduce intensity of authorized activities. The (2) Additional construction or natural fuel build-up and improve plant applicant or holder must be in reconstruction of existing telephone or vigor. compliance with all the terms and utility lines in a designated corridor. (7) Modification or maintenance of conditions of the existing or expired Examples include, but are not limited stream or lake aquatic habitat special use authorization. Subject to the to: improvement structures using native (i) Replacing an underground cable foregoing conditions, examples include materials or normal practices. Examples trunk and adding additional phone but are not limited to: include, but are not limited to: (i) Issuing a new authorization to lines, and (i) Reconstructing a gabion with stone (ii) Reconstructing a power line by replace a powerline authorization that is from a nearby source; replacing poles and wires. at the end of its term; (ii) Adding brush to lake fish beds; (ii) Issuing a new permit to replace an (3) Approval, modification, or continuation of special uses that require and expired permit for a road that continues (iii) Cleaning and resurfacing a fish to be used as access to non-NFS lands. less than 20 acres of NFS lands. Subject to the preceding condition, examples ladder at a hydroelectric dam. (iii) Issuing a new permit to replace (8) Short-term (1 year or less) mineral, an outfitting and guiding permit that is include but are not limited to: (i) Approving the construction of a energy, or geophysical investigations at the end of its term, or to convert a and their incidental support activities transitional priority use outfitting and meteorological sampling site; (ii) Approving the use of land for a that may require cross-country travel by guiding permit to a priority use one-time group event; vehicles and equipment, construction of outfitting and guiding permit. (iii) Approving the construction of less than 1 mile of low standard road, (12) Issuance of a new authorization temporary facilities for filming of staged or use and minor repair of existing or amendment of an existing or natural events or studies of natural or roads. Examples include, but are not authorization for activities that occur on cultural history; limited to: existing roads or trails, in existing (iv) Approving the use of land for a (i) Authorizing geophysical facilities, or in areas where activities are 40-foot utility corridor that crosses four investigations which use existing roads consistent with the applicable land miles of a national forest; that may require incidental repair to management plan or other documented (v) Approving the installation of a reach sites for drilling core holes, decision. Subject to the foregoing driveway or other facilities incidental to temperature gradient holes, or seismic condition, examples include but are not use of a private residence; shot holes; limited to: (vi) Approving new or additional (ii) Gathering geophysical data using (i) Issuance of an outfitting and telecommunication facilities, shot hole, vibroseis, or surface charge guiding permit for mountain biking on improvements, or use at a site already methods; NFS trails that are not closed to used for such purposes; (iii) Trenching to obtain evidence of mountain biking; (vii) Approving the expansion of an mineralization; (ii) Issuance of a permit to host a existing gravel pit or the removal of (iv) Clearing vegetation for sight paths motorcycle enduro ride on existing mineral materials from an existing or from areas used for investigation or roads; community pit or common-use area; support facilities;

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(v) Redesigning or rearranging surface dead trees for landings, skid trails, and regimes to the extent practicable where facilities within an approved site; road clearing. Examples include, but are valid existing rights or special use (vi) Approving interim and final site not limited to: authorizations are not unilaterally restoration measures; and (i) Harvest of a portion of a stand altered or canceled. Examples include (vii) Approving a plan for exploration damaged by a wind or ice event and but are not limited to: which authorizes repair of an existing construction of a short temporary road (i) Repairing an existing water control road and the construction of 1⁄3 mile of to access the damaged trees, and structure that is no longer functioning temporary road; clearing vegetation (ii) Harvest of fire-damaged trees. properly with minimal dredging, from an acre of land for trenches, drill (14) Commercial and non-commercial excavation, or placement of fill, and pads, or support facilities. sanitation harvest of trees to control does not involve releasing hazardous (9) Implementation or modification of insects or disease not to exceed 250 substances; minor management practices to improve acres, requiring no more than 1⁄2 mile of (ii) Installing a newly-designed allotment condition or animal temporary road construction, including structure that replaces an existing distribution when an allotment removal of infested/infected trees and culvert to improve aquatic organism management plan is not yet in place. adjacent live uninfested/uninfected passage and prevent resource and Examples include, but are not limited trees as determined necessary to control property damage where the road or trail to: the spread of insects or disease. The maintenance level does not change; (i) Rebuilding a fence to improve proposed action may include incidental (iii) Removing a culvert and installing animal distribution; removal of live or dead trees for a bridge to improve aquatic and/or (ii) Adding a stock watering facility to landings, skid trails, and road clearing. terrestrial organism passage or prevent an existing water line; and Examples include, but are not limited resource or property damage where the (iii) Spot seeding native species of to: road or trail maintenance level does not grass or applying lime to maintain (i) Felling and harvest of trees infested change; and forage condition. with southern pine beetles and (iv) Removing a small earthen and (10) [Reserved] immediately adjacent uninfested trees to rock fill dam with a low hazard (11) Post-fire rehabilitation activities, control expanding spot infestations, and potential classification that is no longer not to exceed 4,200 acres (such as tree (ii) Removal and/or destruction of needed. planting, fence replacement, habitat infested trees affected by a new exotic (19) Removing and/or relocating restoration, heritage site restoration, insect or disease, such as emerald ash debris and sediment following repair of roads and trails, and repair of borer, Asian long horned beetle, and disturbance events (such as floods, damage to minor facilities such as sudden oak death pathogen. hurricanes, tornados, mechanical/ campgrounds), to repair or improve (15) [Reserved] engineering failures, etc.) to restore lands unlikely to recover to a (16) Plan amendments developed in uplands, wetlands, or riparian systems management approved condition from accordance with 36 CFR part 219 et seq. to pre-disturbance conditions, to the wildland fire damage, or to repair or that provide broad guidance and extent practicable, such that site replace minor facilities damaged by fire. information for project and activity conditions will not impede or Such activities: decisionmaking in a NFS unit. negatively alter natural processes. (i) Shall be conducted consistent with Proposals for actions that approve Examples include but are not limited to: Agency and Departmental procedures projects and activities, or that command (i) Removing an unstable debris jam and applicable land and resource anyone to refrain from undertaking on a river following a flood event and management plans; projects and activities, or that grant, relocating it back in the floodplain and (ii) Shall not include the use of withhold or modify contracts, permits stream channel to restore water flow herbicides or pesticides or the or other formal legal instruments, are and local bank stability; construction of new permanent roads or outside the scope of this category and (ii) Clean-up and removal of other new permanent infrastructure; and shall be considered separately under infrastructure flood debris, such as, (iii) Shall be completed within 3 years Forest Service NEPA procedures. benches, tables, outhouses, concrete, following a wildland fire. (17) Approval of a Surface Use Plan culverts, and asphalt following a (12) Harvest of live trees not to exceed of Operations for oil and natural gas hurricane from a stream reach and 70 acres, requiring no more than 1⁄2 mile exploration and initial development adjacent wetland area; and of temporary road construction. Do not activities, associated with or adjacent to (iii) Stabilizing stream banks and use this category for even-aged a new oil and/or gas field or area, so associated stabilization structures to regeneration harvest or vegetation type long as the approval will not authorize reduce erosion through bioengineering conversion. The proposed action may activities in excess of any of the techniques following a flood event, include incidental removal of trees for following: including the use of living and landings, skid trails, and road clearing. (i) One mile of new road construction; nonliving plant materials in Examples include, but are not limited (ii) One mile of road reconstruction; combination with natural and synthetic to: (iii) Three miles of individual or co- support materials, such as rocks, riprap, (i) Removal of individual trees for located pipelines and/or utilities geo-textiles, for slope stabilization, sawlogs, specialty products, or disturbance; or erosion reduction, and vegetative fuelwood, and (iv) Four drill sites. establishment and establishment of (ii) Commercial thinning of (18) Restoring wetlands, streams, appropriate plant communities (bank overstocked stands to achieve the riparian areas or other water bodies by shaping and planting, brush mattresses, desired stocking level to increase health removing, replacing, or modifying water log, root wad, and boulder stabilization and vigor. control structures such as, but not methods). (13) Salvage of dead and/or dying limited to, dams, levees, dikes, ditches, (20) Activities that restore, trees not to exceed 250 acres, requiring culverts, pipes, drainage tiles, valves, rehabilitate, or stabilize lands occupied no more than 1⁄2 mile of temporary road gates, and fencing, to allow waters to by roads and trails, including construction. The proposed action may flow into natural channels and unauthorized roads and trails and NFS include incidental removal of live or floodplains and restore natural flow roads and NFS trails, to a more natural

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condition that may include removing, a special use authorization. Examples (26) Ecosystem restoration and/or replacing, or modifying drainage include but are not limited to: resilience activities on NFS lands in structures and ditches, reestablishing (i) Constructing, reconstructing, or compliance with the applicable land vegetation, reshaping natural contours expanding a toilet or shower facility; management plan, including, but not and slopes, reestablishing drainage- (ii) Constructing or reconstructing a limited to the plan’s goals, objectives, or ways, or other activities that would fishing pier, wildlife viewing platform, desired conditions. Activities to restore site productivity and reduce dock, or other constructed feature at a improve ecosystem health, resilience, environmental impacts. Examples recreation site; and other watershed conditions cannot include but are not limited to: (iii) Installing or reconstructing a exceed 7,300 treated acres. If (i) Decommissioning a road to a more water or waste disposal system; commercial/non-commercial timber natural state by restoring natural (iv) Constructing or reconstructing harvest activities are proposed they contours and removing construction campsites; must be carried out in combination with fills, loosening compacted soils, (v) Disposal of facilities at a recreation at least one additional restoration revegetating the roadbed and removing site; activity and harvested acres cannot (vi) Constructing or reconstructing a ditches and culverts to reestablish exceed 4,200 of the 7,300 acres. boat landing; natural drainage patterns; (i) Restoration and resilience activities (ii) Restoring a trail to a natural state (vii) Replacing a chair lift at a ski area; (viii) Constructing or reconstructing a include, but are not limited to: by reestablishing natural drainage parking area or trailhead; and (A) Terrestrial and aquatic habitat patterns, stabilizing slopes, (ix) Reconstructing or expanding a improvement and/or creation, reestablishing vegetation, and installing recreation rental cabin. (B) Stream restoration, aquatic water bars; and (23) Converting a non-NFS or organism passage, or erosion control, (iii) Installing boulders, logs, and unauthorized trail or trail segment to an (C) Road and/or trail berms on a road segment to promote NFS trail when determined appropriate decommissioning (system and non- naturally regenerated grass, shrub, and by the responsible official and system), tree growth. consistent with applicable land (D) Control of invasive species and (21) Construction, reconstruction, management plan direction, travel reestablishing native species, decommissioning, relocation, or (E) Hazardous fuels reduction and/or management decisions, trail-specific disposal of buildings, infrastructure, or wildfire risk reduction, decisions, and other related direction. other improvements at an existing (F) Prescribed burning, Examples include but are not limited to: (G) Reforestation, administrative site, as that term is (i) Converting an unauthorized trail (H Commercial harvest, and/or defined in section 502(1) of Public Law that crosses land acquired by the Forest 109–54 (119 Stat. 559; 16 U.S.C. 580d (I) Non/pre-commercial thinning, Service to an NFS trail; and (ii) Road and trail limitation. A note). Examples include but are not (ii) Converting an unauthorized trail restoration/resilience activity under this limited to: to an NFS trail, including associated (i) Relocating an administrative category may include: repair and reconstruction activities, to (A) Construction of permanent roads facility to another existing enhance access and recreation administrative site; up to 0.5 miles. opportunities. (B) Maintenance or reconstruction of (ii) Construction, reconstruction, or (24) Construction or realignment of up NFS roads and system trails, such as expansion of an office, a warehouse, a to 5 miles of NFS roads, reconstruction relocation of road or trail segments to lab, a greenhouse, or a fire-fighting of up to 10 miles of NFS roads and address resource impacts. facility; associated parking areas, opening or (iii) Surface or underground (C) Construction of temporary roads closing an NFS road, and culvert or installation or decommissioning of a up to 2.5 miles. All temporary roads bridge rehabilitation or replacement water or waste disposal system constructed for a project under this along NFS roads. Examples include but infrastructure; category shall be decommissioned no (iv) Disposal of an administrative are not limited to: later than 3 years after the date the (i) Reconstructing an NFS road or building; and project is completed. parking area to address deferred (v) Construction or reconstruction of (27) A Forest Service action that will maintenance; communications infrastructure. be implemented jointly with another (22) Construction, reconstruction, (ii) Constructing an NFS road to improve access to a trailhead or parking Federal agency and the action qualifies decommissioning, or disposal of for a categorical exclusion of the other buildings, infrastructure, or area; (iii) Modifying the surface of an NFS Federal agency. If the Forest Service improvements at an existing recreation road; chooses to use another Federal agency’s site either managed by the Forest (iv) Rerouting an NFS road to categorical exclusion to cover a Service or managed under special use minimize resource impacts; proposed action, the responsible official authorities, including infrastructure or (v) Closing an NFS road to address must obtain written concurrence from improvements that are adjacent or resource impacts; and the other Federal agency that the connected to an existing recreation site (vi) Shoulder widening or other safety categorical exclusion applies to the and provide access or utilities for that improvements within the right-of-way proposed action. site. Recreation sites include but are not for an NFS road. (f) Decision memos. The responsible limited to campgrounds and camping (25) Converting an unauthorized or official shall notify interested or affected areas, picnic areas, day use areas, non-NFS road to an NFS road. Examples parties of the availability of the decision fishing sites, interpretive sites, visitor include but are not limited to: memo as soon as practicable after centers, trailheads, ski areas, and (i) Converting a non-NFS road that signing. While sections may be observation sites. Activities within this crosses land acquired by the Forest combined or rearranged in the interest category are intended to apply to Service to an NFS road; and of clarity and brevity, decision memos facilities located on recreation sites (ii) Converting a non-NFS road to an must include the following content: managed by the Forest Service and NFS road to enhance access and (1) A heading, which must identify: those managed by concessioners under recreation opportunities. (i) Title of document: Decision Memo;

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(ii) Agency and administrative unit; proposed action and may proceed (1) A heading, which identifies the: (iii) Title of the proposed action; and without consideration of additional (i) Title of document; (iv) Location of the proposed action, alternatives. (ii) Agency and administrative unit; including administrative unit, county, (ii) The EA may document (iii) Title of the project; and and State. consideration of a no-action alternative (iv) Location of the action, including (2) Decision to be implemented and through the effects analysis by county and State. the reasons for categorically excluding contrasting the impacts of the proposed (2) Decision and rationale; the proposed action including: action and any alternative(s) with the (3) Brief summary of public (i) The category of the proposed current condition and expected future involvement; action; condition if the proposed action were (4) A statement incorporating by (ii) The rationale for using the not implemented. reference the EA and FONSI if not category or categories; (iii) The description of the proposal combined with the decision notice; (iii) A finding that no extraordinary and any alternative(s) may include a (5) Findings required by other laws circumstances exist; brief description of incremental and regulations applicable to the (3) Any interested and affected modifications developed through the decision at the time of decision; agencies, organizations, and persons analysis process. The documentation of (6) Expected implementation date; contacted; these incremental changes to a proposed (7) Administrative review (4) Findings required by other laws action or alternatives may be opportunities and, when such such as, but not limited to findings of incorporated by reference. opportunities exist, a citation to the consistency with the forest land and (3) Environmental Impacts of the applicable regulations and directions on resource management plan as required Proposed Action and Alternative(s). The when and where to file a request for by the National Forest Management Act; EA: review; or a public interest determination (36 (i) Shall briefly provide sufficient (8) Contact information, including the CFR 254.3(b)); evidence and analysis, including the name, address, and phone number of a (5) The date when the responsible environmental impacts of the proposed contact person who can supply official intends to implement the action and alternative(s), to determine additional information; and decision and any conditions related to whether to prepare either an EIS or a (9) Responsible Official’s signature, implementation; FONSI (40 CFR 1508.9); and the date the decision notice is (6) Whether the decision is subject to (ii) Shall disclose the environmental signed. administrative review, the applicable effects of any adaptive management (e) Notification. The responsible regulations, and when and where to file adjustments; official shall notify interested and a request for review; (iii) Shall describe the impacts of the affected parties of the availability of the (7) Name, address, and phone number proposed action and any alternatives in EA, FONSI, and decision notice as soon of a contact person who can supply terms of context and intensity as as practicable after the decision notice further information about the decision; described in the definition of is signed. and ‘‘significantly’’ at 40 CFR 1508.27; (8) The responsible official’s signature (iv) May discuss the direct, indirect, § 220.7 Environmental impact statement and record of decision. and date when the decision is made. and cumulative impacts of the proposed action and any alternatives together in (a) Classes of actions normally § 220.6 Environmental assessment and a comparative description or describe requiring environmental impact decision notice. the impacts of each alternative statements. (a) Environmental assessment. An separately; and (1) Class 1. Proposals to carry out or environmental assessment (EA) shall be (v) May incorporate by reference data, to approve aerial application of prepared for proposals as described in inventories, other information and chemical pesticides on an operational § 220.4(a) that are not categorically analyses. basis. Examples include but are not excluded (§ 220.5) and for which the (4) Agencies and Persons Consulted. limited to: need for an EIS has not been determined (c) Public involvement. In addition to (i) Applying chemical insecticides by (§ 220.7). An EA may be prepared in any public notice in the SOPA and other helicopter on an area infested with format useful to determine whether to requirements specified by applicable spruce budworm to prevent serious prepare either an EIS or a FONSI, as statutes or regulations (such as 36 CFR resource loss. long as the requirements of paragraph 218), as required at § 220.4(d), the (ii) Authorizing the application of (b) of this section are met. The EA may responsible official may choose to herbicides by helicopter on a major incorporate by reference information conduct additional public engagement utility corridor to control unwanted that is reasonably available to the activities to involve key stakeholders vegetation. public. and interested parties. This additional (iii) Applying herbicides by fixed- (b) An EA must include the following: involvement shall be conducted wing aircraft on an area to release trees (1) Need for the proposal. The EA commensurate with the nature of the from competing vegetation. must briefly describe the need for the decision to be made. (2) Class 2. Development of a new project. (d) Decision notice. If an EA and land management plan or land (2) Proposed action and alternative(s). FONSI have been prepared, the management plan revision as provided The EA shall briefly describe the responsible official must document a for in 36 CFR 219.7. proposed action and any alternative(s) decision to proceed with an action in a (3) Class 3.Mining operations that that meet the need for action. No decision notice unless law or regulation involve surface disturbance on greater specific number of alternatives is requires another form of decision than 640 acres over the life of the required or prescribed. documentation. A decision notice must proposed action. (i) When there are no unresolved document the conclusions drawn and (b) Public Notice and Scoping. conflicts concerning alternative uses of the decision(s) made based on the Scoping shall be carried out in available resources (NEPA, section supporting record, including the EA and accordance with the requirements of 40 102(2)(E)), the EA need only analyze the FONSI. A decision notice must include: CFR 1501.7. No single scoping

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technique is required or prescribed only apply to the last draft and final EIS, received to its public docket. Do not however, while public notice shall be and will not apply to material produced submit electronically any information provided by the SOPA, as required at prior to the draft EIS or between the you consider to be Confidential § 220.4(d), the SOPA shall not to be draft and final EIS which are filed with Business Information (CBI) or other used as the sole scoping mechanism. EPA. information whose disclosure is (c) Notice of intent. Normally, a notice (3) When the responsible official restricted by statute. Multimedia of intent to prepare an EIS shall be determines that an extension of the submissions (audio, video, etc.) must be published in the Federal Register as review period on a draft EIS is accompanied by a written comment. soon as practicable after deciding that appropriate, notice shall be given in the The written comment is considered the an EIS will be prepared. Where there is same manner used for inviting official comment and should include a lengthy period between the agency’s comments on the draft. discussion of all points you wish to decision to prepare an EIS and the time (h) Distribution of the record of make. The EPA will generally not of actual preparation, the notice of decision. The responsible official shall consider comments or comment intent may be published at a reasonable notify interested or affected parties of contents located outside of the primary time in advance of preparation of the the availability of the record of decision submission (i.e., on the web, cloud, or draft statement. A notice must meet the as soon as practicable after signing. other file sharing system). For requirements of 40 CFR 1508.22, and in Dated: May 17, 2019. additional submission methods, the full addition, include the following: James E. Hubbard, EPA public comment policy, (1) Title of the responsible official(s); Undersecretary, Natural Resources and information about CBI or multimedia (2) Any permits or licenses required submissions, and general guidance on to implement the proposed action and Environment. [FR Doc. 2019–12195 Filed 6–12–19; 8:45 am] making effective comments, please visit the issuing authority, to the extent http://www2.epa.gov/dockets/ BILLING CODE 3411–15–P known; commenting-epa-dockets. (3) Lead, joint lead, or cooperating FOR FURTHER INFORMATION CONTACT: agencies if identified; and (4) Address(es) to which comments ENVIRONMENTAL PROTECTION Edward J. Linky, Air Programs Branch, may be sent. AGENCY Environmental Protection Agency, 290 (d) Withdrawal notice. A withdrawal Broadway, 25th Floor, New York, New notice must be published in the Federal 40 CFR Part 52 York 10007–1866, (212) 637–3764, or by email at [email protected]. Register if, after publication of the [EPA–R02–OAR–2018–0511; FRL–9994–92– notice of intent or notice of availability, Region 2] SUPPLEMENTARY INFORMATION: an EIS is no longer necessary. A I. What action is EPA proposing? withdrawal notice must refer to the date Approval of Air Quality Implementation II. What is the background information? and Federal Register page number of Plans; New York; Infrastructure III. What is a section 110(a)(1) and (2) SIP? the previously published notice(s). Requirements for the 2008 Ozone, 2010 IV. What elements are required under section (e) Environmental impact statement Sulfur Dioxide, and 2012 Fine 110(a)(1) and (2)? format and content. The responsible Particulate Matter National Ambient Air V. What is EPA’s approach to the review of official may use any EIS format and Quality Standards infrastructure SIP submissions? VI. What did New York submit? design as long as the statement is in VII. How has the State addressed the accord with 40 CFR 1502.10. AGENCY: Environmental Protection Agency (EPA). elements of the section 110(a)(1) and (2) (f) Alternative(s). The EIS shall ‘‘infrastructure’’ provisions? document the examination of reasonable ACTION: Proposed rule. VIII. What action is EPA taking? alternatives to the proposed action. Each IX. Statutory and Executive Order Reviews SUMMARY: The Environmental Protection alternative other than the no action Agency (EPA) is proposing to approve alternative must meet the purpose and I. What action is EPA proposing? certain elements of New York’s State need of the proposed action. No specific The EPA is proposing to approve Implementation Plan (SIP) revisions, number of alternatives is required or certain elements of the State of New submitted to demonstrate that the State prescribed. The responsible official may York Infrastructure State meets the requirements of the Clean Air modify the proposed action and Implementation Plan (SIP) as meeting Act (CAA) for the 2008 Ozone; 2010 alternative(s) under consideration prior the section 110(a) infrastructure Sulfur Dioxide; and 2012 particulate to issuing a draft EIS. In such cases, the requirements of the Clean Air Act (CAA) matter of 2.5 microns or less (PM ) responsible official may consider the 2.5 for the following National Ambient Air National Ambient Air Quality Standards incremental changes as alternatives Quality Standards (NAAQS or (NAAQS). Section 110(a) of the CAA considered. The documentation of these standard): 2008 Ozone, 2010 sulfur requires that each state adopt and incremental changes to a proposed dioxide (SO2), and 2012 particulate submit for approval into the SIP a plan action or alternatives shall be included matter of 2.5 microns or less (PM2.5). As for the implementation, maintenance or incorporated by reference in accord explained below, the EPA is proposing and enforcement of each NAAQS with 40 CFR 1502.21. to find that the State has the necessary (g) Circulating and filing draft and promulgated by the EPA. infrastructure, resources, and general final environmental impact statements. DATES: Comments must be received on authority to implement the standards (1) The draft and final EISs shall be filed or before July 15, 2019. noted above. with the Environmental Protection ADDRESSES: Submit your comments, II. What is the background Agency’s Office of Federal Activities in identified by Docket ID Number EPA– information? Washington, DC (see 40 CFR 1506.9). R02–OAR–2018–0511 at http:// (2) Requirements at 40 CFR 1506.9 www.regulations.gov. Follow the online Section 110(a)(1) of the CAA requires ‘‘Filing requirements,’’ 40 CFR 1506.10 instructions for submitting comments. states to submit for approval into the ‘‘Timing of agency action,’’ and 40 CFR Once submitted, comments cannot be SIP a plan that provides for the 1502.19 ‘‘Circulation of the edited or removed from Regulations.gov. implementation, maintenance, and environmental impact statement’’ shall The EPA may publish any comment enforcement of new or revised NAAQS

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within three years following the III. What is a section 110(a)(1) and (2) construction or modification of promulgation of such NAAQS. The EPA SIP? stationary sources; • commonly refers to such state plans as Section 110(a)(1) provides the 110(a)(2)(D)(i)(I) and (II): Interstate ‘‘infrastructure SIPs.’’ procedural and timing requirements for pollution transport; • • 110(a)(2)(D)(ii): Interstate and On March 12, 2008, the EPA SIPs. Section 110(a)(2) lists specific international pollution abatement; promulgated a revised NAAQS for elements that states must meet for ozone. 73 FR 16436 (March 27, 2008). • 110(a)(2)(E): Adequate resources • ‘‘infrastructure’’ SIP requirements and authority, conflict of interest, On June 2, 2010), the EPA related to a newly established or revised promulgated a revised primary NAAQS oversight of local governments and local NAAQS. authorities; for SO2. 75 FR 35520 (June 22, 2010). Sections 110(a)(1) and (2) of the CAA • • 110(a)(2)(F): Stationary source On December 14, 2012, the EPA require, in part, that states submit to the promulgated a revised primary NAAQS monitoring and reporting; EPA plans to implement, maintain and • 110(a)(2)(G): Emergency powers; for PM2.5 for the annual standard. 78 FR enforce each of the NAAQS • 3086 (Jan. 15, 2013). 110(a)(2)(H): Future SIP revisions; promulgated by the EPA. The EPA • 110(a)(2)(I): Plan revisions for The New York State Department of interprets this provision to require states Environmental Conservation (NYSDEC) nonattainment areas (under part D); to address basic SIP requirements • 110(a)(2)(J): Consultation with submitted the following revisions to its including emission inventories, government officials, public Infrastructure State Implementation monitoring, and modeling to assure notification, and PSD and visibility Plan (ISIP): attainment and maintenance of the protection; • 2008 Ozone ISIP submitted on April standards. By statute, SIPs meeting the • 110(a)(2)(K): Air quality modeling 4, 2013 requirements of section 110(a)(1) and (2) and data; • 2010 SO2 ISIP submitted on October are to be submitted by states within • 110(a)(2)(L): Permitting fees; 3, 2013 three years after promulgation of a new • 110(a)(2)(M): Consultation/ • 2012 PM2.5 ISIP submitted on or revised standard. participation by affected local entities. November 30, 2016 Two elements identified in section IV. What elements are required under 110(a)(2) are not governed by the 3-year On August 26, 2016 (81 FR 58849), section 110(a)(1) and (2)? the EPA published its action on certain submission deadline of section 110(a)(1) elements of NYSDEC’s April 4, 2013 SIP The infrastructure requirements of because SIPs incorporating necessary submittal pertaining to the 2008 Ozone CAA sections 110(a)(1) and (2), relevant local nonattainment area controls are ISIP. The EPA’s action addressed CAA to this action, are discussed in the not due within 3 years after section 110(a)(2)(D)(i)(I) which requires following EPA guidance documents: promulgation of a new or revised SIPs to include provisions prohibiting EPA’s October 2, 2007, memorandum NAAQS, but rather due at the time that any source or other type of emissions entitled ‘‘Guidance on SIP Elements the nonattainment area plan activity in one state from contributing Required Under Section 110(a)(1) and requirements are due pursuant to significantly to nonattainment of the (2) for the 1997 8-Hour Ozone and PM2.5 section 172 of the CAA. See 77 FR NAAQS (commonly referred to as prong National Ambient Air Quality 46354 (August 3, 2012) and 77 FR 60308 1), or interfering with maintenance of Standards;’’ September 25, 2009, (October 3, 2012, footnote 1). These the NAAQS (prong 2), in any other state memorandum entitled ‘‘Guidance on requirements are: (1) Submissions and CAA section 110(a)(2)(D)(i)(II) SIP Elements Required Under Section required by section 110(a)(2)(C) to the which requires SIPs to include 110(a)(1) and (2) for the 2006 24-Hour extent that subsection refers to a permit provisions prohibiting any source or Fine Particle (PM2.5) National Ambient program as required in part D Title I of other type of emissions activity in one Air Quality Standards;’’ September 13, the CAA, and (2) submissions required state from interfering with measures 2013, memorandum entitled ‘‘Guidance by section 110(a)(2)(I) which pertain to required to protect visibility (prong 4). on Infrastructure State Implementation the nonattainment planning The EPA disapproved 110(a)(2)(D)(i)(I) Plan (SIP) Elements under Clean Air Act requirements of part D, Title I of the (prongs 1 and 2) and approved Sections 110(a)(1) and 110(a)(2);’’ 3 and CAA. As a result, this action does not 110(a)(2)(D)(i)(II) (prong 4) for the 2008 March 17, 2016, ‘‘Information on address the nonattainment permit Ozone NAAQS. 81 FR 58849, 58855 Interstate Transport ‘‘Good Neighbor’’ program requirements of section (August 26, 2016). provision for the 2012 Fine Particulate 110(a)(2)(C) for 2012 PM2.5 or the The EPA approved portions of New Matter (PM) National Ambient Air nonattainment planning requirements York’s infrastructure SIP submittals for Quality Standards under Clean Air Act related to section 110(a)(2)(I) for the 1 the 2008 Ozone and 2010 SO2 NAAQS (CAA) Section 110(a)(2)(D)(i)(I).’’ 2008 Ozone, 2010 SO2, or 2012 PM2.5. pertaining to CAA sections 110(a)(2)(C), The EPA reviews each infrastructure This action partially addresses (D)(i)(II) (prong 3), and (J), including SIP submission with the applicable Element D (interstate pollution PSD interstate transport provisions.2 81 statutory provisions of CAA 110(a)(2). transport, interstate and international FR 95047 (December 27, 2016). The 14 elements required to be pollution abatement). As mentioned in addressed by CAA section 110(a)(2) are: section II, the EPA previously • 1 The approval also included the 2008 Lead 110(a)(2)(A): Emission limits and disapproved 110(a)(2)(D)(i)(I) (prongs 1 NAAQS, which is not a subject of this action. other control measures; and 2) and approved 110(a)(2)(D)(i)(II) 2 CAA 110(a)(2)(C) (requires SIPs to include a • 110(a)(2)(B): Ambient air quality (prong 4) for the 2008 Ozone NAAQS. program to provide for enforcement of emission monitoring/data system; 81 FR 58849 (Aug. 26, 2016). The EPA limitations and other control measures described in • 110(a)(2)(C): Program for CAA 110(a)(2)(A)); CAA 110(a)(2)(D)(i)(II) (which approved 110(a)(2)(D)(i)(II) (prong 3) for requires SIPs to include provisions prohibiting any enforcement of control measures and for the 2008 Ozone and 2010 SO2 NAAQS. source or other type of emissions activity in one 81 FR 95047 (December 27, 2016). This state from interfering with measures required to 3 ‘‘Guidance on Infrastructure State action addresses the remaining element prevent significant deterioration of air quality in Implementation Plan (SIP) Elements under Clean another state); CAA 110(a)(2)(J) (requirements Air Act Sections 110(a)(1) and 110(a)(2)’’ can be D provisions for 2008 Ozone, 2010 SO2 related to consultation, public notification and PSD found at: http://www.epa.gov/airquality/urbanair/ and 2012 PM2.5 NAAQS, except for and visibility protection). sipstatus/infrastructure.html. 110(a)(2)(D)(i)(I) (prongs 1 and 2)

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5 provisions for the 2010 SO2 NAAQS and state’s implementation of its SIP. The information provided in New York’s the 2012 PM2.5 NAAQS, which will be EPA has other authority to address Infrastructure SIP submittal for the 1997 addressed in a subsequent action by the issues concerning a state’s 8-hour ozone, 1997 and 2006 PM2.5 EPA. Therefore, with respect to element implementation of its SIP. NAAQS. The EPA’s rationale for D, this action addresses: approving certain elements of New VI. What did New York submit? • 110(a)(2)(D)(i)(II) (prong 3) for the York’s Infrastructure SIP for 2008 NYSDEC submitted the following SIP 2012 PM2.5 NAAQS; and Ozone, 2010 SO2, and 2012 PM2.5 • 110(a)(2)(D)(i)(II) (prong 4) for the submittals which address the NAAQS is the same as the rationale for infrastructure requirements for the 2010 SO2 NAAQS and 2012 PM2.5 approving those elements of New York’s NAAQS identified NAAQS: 1997 8-hour ozone and 1997 and 2006 • • 110(a)(2)(D)(ii) for 2008 Ozone 2008 Ozone ISIP submitted on April PM2.5 Infrastructure SIPs, so the EPA is 4, 2013 not repeating this evaluation in today’s NAAQS, 2010 SO2 NAAQS and 2012 • 2010 SO2 ISIP submitted on October proposal. Instead, the reader is referred PM2.5 NAAQS 3, 2013 to the EPA’s evaluation of the SIP • V. What is EPA’s approach to the 2012 PM2.5 ISIP submitted on submittals for the 1997 8-hour ozone review of infrastructure SIP November 30, 2016 and 1997 and 2006 PM2.5 Infrastructure submissions? New York’s section 110 submittals SIPs detailed in the following The discussion of the EPA’s approach demonstrate how the State, where documents: (1) Three documents titled to the review of infrastructure SIP applicable, has a plan in place that ‘‘Technical Support Document for EPA’s submissions is detailed in the meets the requirements of section 110 Proposed Rulemaking for the New ‘‘Technical Support Document for the for the 2008 Ozone, 2010 SO2, and 2012 York’s State Implementation Plan EPA’s proposed Rulemaking for the PM2.5 NAAQS. The plans reference the Revision: State Implementation Plan New York State Implementation Plan current New York Air Quality SIP, the Revision For Meeting the Infrastructure Revision for Meeting the Infrastructure New York Codes, Rules and Regulations Requirements In the Clean Air Act’’ Requirements in the Clean Air Act’’ (NYCRR), the New York Environmental dated December 13, 2007, October 2, dated 2019 (TSD). The TSD is available Conservation Law (ECL) and the New 2008 and March 15, 2010; (2) the EPA’s in the electronic docket (EPA–R02– York Public Officer’s Law (POL). The rulemaking proposing approval of OAR–2018–0511) at NYCRR, ECL and POL referenced in the certain elements of New York’s www.regulations.gov. submittal are publicly available. New Infrastructure SIP submittal for the 1997 Whenever the EPA promulgates a new York’s SIP and air pollution control 8-hour ozone and the 1997 and 2006 or revised NAAQS, CAA section regulations that have been previously PM2.5 NAAQS, 78 FR 25236 (April 30, 110(a)(1) requires states to make approved by the EPA and incorporated 2013); (3) the EPA’s final rule approving Infrastructure SIP submissions to into the New York SIP can be found at certain elements of New York’s provide for the implementation, 40 CFR 52.1670 and are posted on the Infrastructure SIPs for the 1997 8-hour

maintenance, and enforcement of the internet at https://www.epa.gov/sips-ny. ozone and the 1997 and 2006 PM2.5 NAAQS. These submissions must meet NAAQS, 78 FR 37122 (June 20, 2013). VII. How has the State addressed the These documents are available in the the various requirements of CAA section elements of the section 110(a)(1) and (2) electronic docket for today’s proposed 110(a)(2), as applicable. Due to ‘‘infrastructure’’ provisions? action at www.regulations.gov. We are, ambiguity in some of the language of of course, accepting comments on that CAA section 110(a)(2), the EPA believes Infrastructure SIPs for different rationale as it applies to this proposed that it is appropriate to interpret these criteria pollutants can have common approval of New York’s Infrastructure provisions in the specific context of aspects which are consistent for each SIP for the 2008 Ozone, 2010 SO and acting on infrastructure SIP NAAQS (e.g., authority to promulgate 2 2012 PM NAAQS. submissions. The EPA has previously emission limitations, enforcement, air 2.5 quality modeling capabilities, adequate As discussed in the following provided comprehensive guidance on sections, the EPA is providing a more the application of these provisions personnel, resources and legal authority). The EPA compared New detailed analysis of the remaining through a guidance document for elements of New York’s 2008 Ozone, infrastructure SIP submissions and York’s Infrastructure SIP submittals for the 2008 Ozone, 2010 SO2, and 2012 2010 SO2, and 2012 PM2.5 Infrastructure through regional actions on SIP submittals namely elements A, B, C, 4 PM2.5 NAAQS with New York’s infrastructure submissions. Unless D, G, and J. otherwise noted below, we are following Infrastructure SIP submittals for the 1997 8-hour Ozone and the 1997 and In summary, the EPA is proposing that existing approach in acting on these approval of the following elements and 2006 PM2.5 NAAQS, on which the EPA submissions. In addition, in the context sub-elements of New York’s of acting on such infrastructure took final action approving certain elements and sub-elements. 78 FR Infrastructure SIP submittal for 2008 submissions, the EPA evaluates the Ozone, 2010 SO2, and 2012 PM2.5 submitting state’s SIP for facial 37122 (June 20, 2013). Certain elements of the infrastructure SIP submittals are NAAQS (except as indicated): 110(a)(A) compliance with statutory and [emission limits and other control regulatory requirements, not for the not pollutant specific. Based upon the EPA’s comparison, the EPA is proposing measures]; 110(a)(2)(B) [ambient air to determine that the information quality monitoring/data system]; 4 EPA explains and elaborates on these 110(a)(2)(C) [program for enforcement of ambiguities and its approach to address them in its provided in New York’s Infrastructure SIP submittal for the 2008 Ozone, 2010 control measures] for the 2012 PM2.5 September 13, 2013 Infrastructure SIP Guidance NAAQS only; 110(a)(2)(D)(i)(II) (available at https://www3.epa.gov/airquality/ SO2 and the 2012 PM2.5 NAAQS for urbanair/sipstatus/docs/Guidance_on_ elements E, F, H, K, L, and M is [interstate transport], Prong 3 for 2012 Infrastructure_SIP_Elements_Multipollutant_ PM2.5 NAAQS, and Prong 4 for the 2010 _ _ consistent with or identical to the FINAL Sept 2013.pdf), as well as in numerous SO2 NAAQS and the 2012 PM2.5 agency actions, including EPA’s prior action on New York’s infrastructure SIP to address the 5 See U.S. Court of Appeals for the Ninth Circuit NAAQS; 110(a)(2)(D)(ii) [interstate and Nitrogen Dioxide NAAQS, 85 FR 25066, 25067 decision in Montana Environmental Information international pollution abatement]; (May 2, 2014). Center v. Thomas, 902 F.3d 971 (Aug. 30, 2018). 110(a)(2)(E) [adequate resources, state

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boards/conflict of interest, oversight of These sites are part of the federally- Pollution Emergency Rules and local governments and local mandated National Cores Sites (NCORE) Regulations.’’ ECL Article 71, Title 21. authorities]; 110(a)(2)(F) [stationary and the State and Local Air Monitoring New York also identifies the source monitoring]; 110(a)(2)(G) Stations (SLAMS) network. Near real enforcement provisions included in 6 [emergency power]; 110(a)(2)(H) [future time direct reading measurements NYCRR Part 201, specifically 201–1.13 SIP revisions]; 110(a)(2)(J) [consultation include gaseous criteria pollutants which gives NYSDEC access to with government official, public (ozone, SO2, NOX and carbon monoxide, regulated facilities in order to determine notification, and PSD for the 2012 PM2.5 PM2.5 and meteorological data). Filter compliance. NAAQS only]; 110(a)(2)(K) [air quality based PM samples are collected and 2.5 Regulation of Minor Sources and Minor and modeling/data]; 110(a)(2)(L) shipped to a laboratory for analysis. In Modifications [permitting fees]; and 110(a)(2)(M) January 2017, in accord with the Data [consultation/participation by affected Requirements Rule for the 2010 SO2 New York states that it permits minor local entities]. standard,6 NYSDEC established four sources of air pollution through 6 The EPA is not acting on New York’s monitors near two large sources, one in NYCRR Subparts 201–4, ‘‘Minor Facility submittal for 2012 PM2.5 as it relates to St. Lawrence County (Alcoa Massena Registration’’ and 201–5, ‘‘State Facility nonattainment provisions, including the Aluminum Plant) and the other in Permits’’ and applicable State and nonattainment NSR program required Tompkins County (Cayuga Power Plant) Federal regulations. by part D, in section 110(a)(2)(C) and is to characterize SO2 air quality in the PSD Permitting of Major Sources not acting on New York’s submittals for area. 2008 Ozone, 2010 SO2 and 2012 PM2.5 NYSDEC prepares an Annual New York references the State’s PSD as they relate to the measures for Monitoring Network Plan that describes and Nonattainment New Source Review attainment required by section in detail the specifics of the monitoring (NNSR) permitting program contained 110(a)(2)(I) because the State’s network as required by 40 CFR 58.10. in 6 NYCRR Part 231, ‘‘New Source Infrastructure SIP submittals do not The EPA is therefore proposing that Review for New and Modified include nonattainment requirements New York has met the requirements of Facilities’’ and the State’s permitting and the EPA will act on them when and section 110(a)(2)(B) of the CAA with program contained in 6 NYCRR 201, 7 if necessary. The EPA is also not acting respect to the 2008 Ozone, 2010 SO2 ‘‘Permits and Registrations.’’ The EPA on the visibility protection portion of and 2012 PM2.5 NAAQS. approved New York’s PSD and NNSR element J for the 2012 PM2.5 submittal. Element C: Program for enforcement program into the SIP on November 17, Element A: Emission Limits and Other of control measures and for construction 2010 (75 FR 70140). New York adopted Control Measures: Section 110(a)(2)(A) or modification of stationary sources: revisions to Part 231 and 201 to requires SIPs to include enforceable Section 110(a)(2)(C) requires states to implement PM2.5 provisions that were emission limits and other control have a plan that includes a program not included in the earlier rule and measures, measures, means, or providing for enforcement of all SIP submitted them to the EPA on October techniques, and schedules for measures and the regulation of the 12, 2011. The EPA approved the SIP compliance. In each of the submittals, modification and construction of any revision on December 27, 2016 (81 FR New York identifies provisions of its stationary source, including a program 95047). federally enforceable SIP that contain to meet Prevention of Significant The EPA is proposing to approve New enforceable emission limits and other Deterioration (PSD) of Air Quality and York’s Infrastructure SIP for the 2012 control measures. The EPA is proposing minor source new source review. This PM2.5 NAAQS with respect to the to determine that New York has met the element is being evaluated for the 2012 program for enforcement of control requirements of 110(a)(2)(A) of the CAA PM2.5 NAAQS only. measures requirements of element C. with respect to the 2008 Ozone, 2010 The EPA proposes to find that the State Enforcement of SIP Measures SO2 and 2012 PM2.5 NAAQS. has adequate authority and regulations Element B: Ambient air quality New York’s PM2.5 infrastructure SIP to ensure that SIP-approved control monitoring/data system: Section submittal explains that its SIP is a measures are enforced. The EPA is 110(a)(2)(B) requires SIPs to include compilation of rules and regulations proposing to find that New York meets provisions to provide for establishment that have been duly promulgated by the requirement to have a SIP approved and operation of ambient air quality NYSDEC in accordance with its minor new source review program. The monitors, to monitor, compile and statutory authority and consistent with EPA also finds that, based on the analyze ambient air quality data, and to the New York State Administrative approval of New York’s PSD program, make these data available to EPA upon Procedures Act. New York cites New York has the authority to regulate request. NYSDEC submittal for the 2012 Environmental Conservation Law (ECL) the construction of new or modified PM2.5 NAAQS details the State’s section 19–0305, which authorizes the stationary sources to meet the PSD authority to adopt and enforce Commissioner to enforce NYSDEC program requirements. provisions of the SIP. The EPA proposes codes, rules and regulations established As discussed in Section IV, the EPA to find that these provisions in accordance with ECL Articles 19 and is not addressing the nonattainment demonstrate that NYSDEC has the 71. This includes all control measures permit program requirements of section requisite authority to support element B. that have been adopted into the SIP. 110(a)(2)(C) for 2012 PM2.5 NAAQS. NYSDEC states that it will continue to New York states that its authority for The EPA proposes to determine that operate an air quality monitoring enforcement of emission limits and New York has met the requirements of network that complies with the EPA control measures is provided for in section 110(a)(2)(C) of the CAA with requirements and will submit this data ‘‘Enforcement of Article 19 and Air respect to the 2012 PM2.5 NAAQS. to the EPA’s Air Quality System (AQS). Element D: Interstate transport: NYSDEC’s submittals state that they 6 August 21, 2015 (80 FR 50152). Section 110(a)(2)(D) of the CAA is 7 measure air pollutants at more than 50 EPA notes that designations for the 2010 SO2 divided into two subsections, standards were finalized in three rounds on July 25, sites across the State using continuous 2013 (78 FR 47191), August 5, 2013 (78 FR 47191), 110(a)(2)(D)(i) and 110(a)(2)(D)(ii). The and/or manual instrumentation, in July 12, 2016 (81 FR 45039), December 13, 2016 (81 first of these, 110(a)(2)(D)(i), in turn, accordance with 40 CFR part 53 and 58. FR 89870), and January 9, 2018 (83 FR 1098). contains four ‘‘prongs’’ the first two of

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which appear in 110(a)(2)(D)(i)(I) and quality within the state and in other Regarding section 110(a)(2)(D)(ii), the second two of which appear in nearby states. New York’s SIP approved which relates to interstate and 110(a)(2)(D)(i)(II). The two prongs in 6 NYCRR Part 231 includes both PSD international pollution abatement, the 110(a)(2)(D)(i)(I) prohibit any source or permitting requirements, which regulate EPA is proposing to approve New other type of emissions activity within major sources in attainment areas, and York’s submissions for infrastructure the State from emitting any air Nonattainment New Source Review element 110(a)(2)(D)(ii) for the 2008 pollutants in amounts which will requirements, which regulate major Ozone, 2012 PM2.5 and the 2010 SO2 contribute significantly to sources in nonattainment areas. New NAAQS. New York’s SIP-approved PSD nonattainment in any other state with York has affirmed that the program program is consistent with 40 CFR respect to any primary or secondary remains in effect and applies to PM2.5. 51.166(q)(2)(iv) and requires a source to NAAQS (prong 1), or interfere with New York adopted revisions to Part 231, notify air agencies whose lands may be maintenance by any other state with which included provisions to affected by emissions from that source. respect to any primary or secondary implement PSD/Nonattainment New (See 78 FR 25236, 25239; 6 NYCRR 231– NAAQS (prong 2). Section Source Review requirements for PM2.5 7.4(f) and 8.5(f)). New York has no 110(a)(2)(D)(i)(I) is not being reviewed and submitted them to EPA in October pending obligations under section 115 in this action. Section 110(a)(2)(D)(i)(II) 12, 2011. The EPA approved these State or 126 of the CAA. prohibits any source or other type of revisions to Part 231 in the December Element E: Adequate Resources: emissions activity within the State from 27, 2016 Federal Register issue. Section 110(a)(2)(E) requires each state emitting any air pollutants in amounts The EPA is proposing that New York to provide necessary assurances that the which will interfere with measures satisfies the 110(a)(2)(D)(i)(II) state will (i) have adequate personnel, required to be included in the requirement for visibility (prong 4). New funding, and authority under state law applicable implementation plan for any York addresses visibility protection to carry out the SIP (and is not other state under part C to prevent requirements for both the 2010 SO2 and prohibited by any provision of federal or significant deterioration of air quality 2012 PM2.5 NAAQS through its EPA- state law from carrying out the SIP or (prong 3) or to protect visibility (prong approved Regional Haze SIP.10 The portion thereof), (ii) will comply with 4). Subsection 110(a)(2)(D)(ii) addresses EPA’s regional haze rule requires that a the requirements respecting state boards interstate and international pollution state participating in a regional planning under CAA section 128, and (iii) where abatement and requires SIPs to include process include all measures needed to the state has relied on a local or regional provisions insuring compliance with achieve its apportionment of emission government, agency, or instrumentality sections 115 and 126 of the CAA, reduction obligations agreed upon for the implementation of any SIP relating to interstate and international through that process.11 The regional provision, the state has responsibility pollution abatement. haze rule also requires the state to for ensuring adequate implementation The EPA acted on portions of submit periodic reports describing of such SIP provision. This element of 110(a)(2)(D)(i)(I) and (II) with respect to progress towards reasonable progress the submittals is common to New York 2008 Ozone and 2010 SO2 NAAQS. The goals established for regional haze and infrastructure submittals that the EPA EPA disapproved the portion of the the adequacy of the state’s regional haze has previously approved and, therefore, 2008 Ozone infrastructure SIP submittal SIP. Thus, New York’s approved as discussed in Section VII, the EPA is addressing CAA section Regional Haze SIP and approved not repeating the rationale for approving 110(a)(2)(D)(i)(I), concerning reasonable progress plan ensure that this element of the submittals. See 78 nonattainment of the NAAQS (prong 1), emissions from sources within the State FR 37122 (June 20, 2013). The EPA and interfering with maintenance of the are not interfering with measures to proposes to approve the submittals for NAAQS (prong 2) and approved the protect visibility in other states. the 2012 PM2.5, 2008 Ozone, and 2010 portion of the 2008 Ozone infrastructure The EPA notes that New York’s SO2 NAAQS. SIP submittal addressing CAA section Regional Haze SIP was supplemented Element F: Stationary Source 110(a)(2)(D)(i)(II) concerning visibility with a Federal Implementation Plan Monitoring and Reporting: Section (prong 4).8 With respect to the (FIP) to address two sources, 110(a)(2)(F) requires states to establish a requirements of 110(a)(2)(D)(i)(II) (prong Danskammer Generating Station, Unit system to monitor emissions from 3), the EPA previously approved 9 this No. 4 (Danskammer) and Roseton stationary sources and to submit portion of New York’s SIP submissions Generating Station, Units 1 and 2 periodic emission reports. This element for 2008 Ozone and 2010 SO2 NAAQS. (Roseton), where the Agency of the submittals is common to New New York’s SIP submissions that disapproved New York’s BART York infrastructure submittals that the address section 110(a)(2)(D)(i)(I) [prongs determinations. Following the EPA’s EPA has previously approved and, as 1 and 2] for 2010 SO2 NAAQS, and 2012 action on New York’s Regional Haze discussed in Section VII, EPA, therefore, PM2.5 NAAQS are currently being Plan, the Title V permits for is not repeating the rationale for reviewed by the EPA, and the Agency Danskammer and Roseton were updated proposing to approve this element of the will take action at a later date. Our by New York to incorporate the FIP submittals. New York’s submittal for the evaluation of New York’s submittals is limits established by the EPA. The Title 2012 NAAQS PM2.5 NAAQS provides limited to assessing whether New York’s V permits for Danskammer and Roseton more detailed information regarding submittals meet the requirements of were submitted to the EPA as SIP their authority for stationary source 110(a)(2)(D) under review in this revisions on August 20, 2015, and April monitoring and reporting in further proposal. 18, 2017, respectively. The EPA support of the EPA’s proposed approval For the 2012 PM2.5 NAAQS, the EPA published the SIP approval for of this element. is proposing that New York satisfies the Danskammer on December 4, 2017 (82 Element G: Emergency power: Section 110(a)(2)(D)(i)(II) requirement for prong FR 57126) and the SIP approval for 110(a)(2)(G) requires states to provide 3. New York relies on its PSD program Roseton on February 16, 2018 (83 FR for emergency authority to address to prevent significant deterioration of air 6970). activities causing imminent and substantial endangerment to public 8 August 26, 2016 (81 FR 58849). 10 August 28, 2012 (77 FR 51915). health and requires states to submit 9 December 27, 2016 (81 FR 95047). 11 40 CFR part 51, subpart P. adequate contingency plans to

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implement the emergency episode Section 110(a)(2)(I) requires that each conjunction with this SIP approval the provisions in their SIPs. plan or plan revision for an area EPA withdrew those portions of the FIP The EPA requires that Infrastructure designated as a nonattainment area meet that address BART for Danskammer SIP submittals should meet the the applicable requirements of part D of Unit No. 4. (82 FR 57126, December 4, applicable contingency plan the CAA. Part D relates to 2012). requirements of 40 CFR part 51, subpart nonattainment areas. The EPA has On February 16, 2018 (83 FR 6970), H (40 CFR 51.150 through 51.153) determined that CAA 110(a)(2)(D)(I) the EPA approved a source specific SIP (‘‘Prevention of Air Pollution (Element I) is not applicable to the revision for Roseton Generation Station Emergency Episodes’’). Subpart H infrastructure SIP process. The EPA Units 1 and 2. This SIP revision requires states that have air quality takes action on part D nonattainment established BART emissions limits for control regions identified as either plans through a separate process. the Roseton Generation Station Units 1 Priority I, Priority IA or Priority II to Element J: Section 110(a)(2)(J): and 2 that are identical to those develop emergency episode contingency Consultation with Government Officials, established by the FIP. The EPA’s plans. Public Notification, and PSD and February 16, 2018 final rule for Roseton Articles 3 and 19 of the ECL provide Visibility Protection: As mentioned Units 1 and 2 withdrew the FIP that New York State with the authority to above, the EPA previously approved addressed BART for these two units. address air pollution emergencies. ECL portions of New York’s infrastructure On December 22, 2005, NYSDEC section 3–0301, entitled ‘‘General SIP submittals for the 2008 Ozone and established a SIP Coordinating Council 12 functions power and duties of the DEC 2010 SO2 NAAQS pertaining to CAA consisting of senior policy and the commissioner,’’ authorizes sections 110(a)(2)(J). See 81 FR 95047 representatives from 19 state agencies NYSDEC to prevent and control air (December 27, 2016). Therefore, this and authorities, and a SIP Task Force pollution emergencies as defined in ECL proposal only pertains to the EPA’s consisting of officials from 37 local section 1–0303. ECL articles 3 and 19 review of element J as it applies to 2012 governments and designated are implemented through 6 NYCRR part PM2.5 NAAQS. organizations of elected officials. The 207, ‘‘Control Measures for Air SIP Coordinating Council provides a Pollution Episodes’’ which the EPA Consultation With Government Officials means to keep state agencies and local approved as part of the New York SIP. The CAA Section 110(a)(2)(J) requires governments informed of planned SIP See 46 FR 55690 (November 12, 1981). states to meet the applicable activities and deadlines, and also The EPA also notes that the NYSDEC requirements of CAA 121 relating to provides a forum for discussion of SIP maintains Air Pollution Episode consultation. CAA Section 121 requires requirements and implications, such as Procedures (APEPs) also called Alert states to provide a satisfactory process effects on transportation planning. The Criteria (updated December 2018 at of consultation with general purpose SIP Task Force provides a means of http://www.dec.ny.gov/chemical/ local governments, designated facilitating local involvement at the 60440.html). In October 2009, NYSDEC organizations of elected officials of local MPO and county level. Periodic completed a comprehensive revision of governments, Tribal Nations, Federal meetings of both groups were held the APEPs to address updated PM2.5 Land Managers (FLMs) and Regional during the ozone and PM2.5 SIP significant harm levels (SHLs) along Organizations. development period for the 1997 with revised values for ozone episodes. NYSDEC has participated in the NAAQS and continue as necessary to This revision involved updating contact consultation process of the Regional address nonattainment of the PM2.5 information for the Bureaus of Air Haze SIP (40 CFR 51.308) with the NAAQS and other revised standards. Quality Assurance, Stationary Sources, FLMs, states, and Tribal Nations of the The EPA proposes to find that New and Air Quality Surveillance, and the Mid Atlantic/Northeast Visibility Union York has met the requirements of CAA Impact Assessment and Meteorology (MANE/VU) and other regional 110(a)(2)(J) for consultation with Section. Local level emergency contacts planning organizations where emissions government officials. were also updated. NYSDEC’s APEPs from New York State are reasonably Public Notification include air pollution episode criteria for anticipated to contribute to visibility in PM2.5, coarse PM10, ozone, carbon Class 1 Areas. CAA section 110(a)(2)(J) also requires monoxide, SO2 and nitrogen dioxide, NYSDEC’s Regional Haze SIP was state plans to meet the public based on SHLs established by the EPA. submitted to the EPA on March 15, notification requirements of CAA 127: The EPA proposes that New York has 2010. In a Federal Register notice dated To notify the public if NAAQS are met the requirements of section August 28, 2012 (77 FR 51915), the EPA exceeded in an area, advise the public 110(a)(2)(G) for the 2008 Ozone, 2010 issued a final rule, effective September of health hazards associated with SO2 and 2012 PM2.5 NAAQS. 27, 2012, partially approving the New exceedances, and enhance public Element H: Future SIP Revisions: York State Regional Haze SIP and awareness of measures that can be taken Section 110(a)(2)(H) requires states to promulgated a Federal Implementation to prevent exceedances and of ways in have authority to revise their SIPs in Plan (FIP) to address two sources which the public can participate in response to changes in the NAAQS or (Danskammer Generation Station Unit regulatory and other efforts to improve availability of improved methods for No. 4 and Roseton Generation Station). air quality. attaining the NAAQS and whenever the On December 4, 2017 (82 FR 57126) All ambient air concentrations EPA finds that the SIP is substantially the EPA approved a source specific captured by the State’s PM2.5 monitoring inadequate. This element of the revision to the New York State SIP that network are submitted to the Air submittals is common to New York established BART emissions limits for Quality System for public access. infrastructure submittals that the EPA the Danskammer Generation Station Municipalities have emergency has previously approved and, as Unit No. 4 that are identical to the response plans recommended by the discussed in Section VII, the EPA is not emission limits established by the EPA’s New York State Office of Emergency repeating the rationale for proposing to FIP for Danskammer Unit No. 4. In Management and the Federal Emergency approve this element of the submittals. Management Agency that provide for Element I: Plan Revisions for 12 The approval also included the 2008 Lead public information and notification in Nonattainment Areas (under part D): NAAQS, which is not a subject of this action. the case of large-scale emergencies.

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The NYSDEC’s website at http:// The EPA proposes to approve New approved and therefore the EPA is not www.dec.ny.gov/chemical/34985.html York’s infrastructure SIP with respect to repeating the rationale for proposing to contains an Air Quality Index (AQI) for the requirements of the PSD sub- approve this element of the submittals. reporting daily air quality to the public. element of CAA 110(a)(2)(J). The EPA notes that the submittals It describes how clean or polluted the provide more detailed information Visibility Protection air is and what associated health effects regarding NYSDEC’s authority to might be a concern. When levels of Visibility Protection and regional haze provide for consultation and ozone and/or fine particles exceed an program requirements under Section participation in SIP development, in AQI of 100, an Air Quality Health 169A and B of Part C are being met by further support of the EPA’s proposed Advisory is issued alerting sensitive NYSDEC through separate efforts. In the approval of this element. The submittals groups to take necessary precautions. event of the establishment of a new identify the SIP Task Force, consisting The NYSDEC in cooperation with the NAAQS, the visibility and regional haze of officials from 37 local governments New York State Department of Health program requirements under Part C do and designated organizations of elected posts warnings on the above referenced not change. As noted in the EPA’s 2013 officials, as allowing for consultation by website and issues press releases to guidance, we find that there is not new local political subdivisions affected by local media outlets if dangerous visibility obligation triggered under the SIP and the submittals for the 2010 conditions are expected to occur. The Section 110(a)(2)(J) when a new NAAQS SO2 NAAQS and 2008 Ozone NAAQS Air Quality Index displays the predicted becomes effective. There are thus no also cite the Inter-agency Consultation AQI value for eight regions in New York new applicable visibility protection Group, established pursuant to 6 State. It also displays the observed obligations under Section 110(a)(2)(J) NYCRR Part 240, and the State values for the previous day. Air Quality resulting from 2012 PM2.5 NAAQS Environmental Quality Review process, measurements from New York’s revision and the EPA, therefore, is not 6 NYCRR Part 617. continuous monitoring network are acting on the visibility aspect of VIII. What action is the EPA taking? updated hourly where available. Element J. Parameters monitored include ozone, Element K: Air Quality Modeling/ The EPA is proposing to approve New fine particulate, carbon monoxide, Data: Section 110(a)(2)(K) requires that York’s submittals as meeting the sulfur dioxide, nitrogen oxides, SIPs provide for air quality modeling for infrastructure requirements for the 2008 methane/hydrocarbons and predicting effects on air quality of Ozone, 2010 SO2 and 2012 PM2.5 meteorological data. emissions from any NAAQS pollutant NAAQS for all section 110(a)(2) Emissions of PM2.5 come from mobile and submission of such data to EPA elements and sub-elements, as follows: sources, stationary sources, aviation upon request. This element of the (A), (B), (C) [enforcement measures and sources, wildfires and fires prescribed submittals is common to New York PSD program for major sources for 2012 and open burning and woodstoves. infrastructure submittals that the EPA PM2.5 only], (D)(i)(II) prong 3 [for 2012 Control measure includes public has previously approved and, as PM2.5 only], (D)(i)(II) prong 4 [for 2010 education on proper burning and discussed in Section VII, the EPA is not SO2 and 2012 PM2.5 only], D(ii), (E), (F), consumer recycling and disposal of repeating the rationale for proposing to (G), (H), (J) [for consultation, public waste in landfills. Programs to replace approve this element of the notification and prevention of

outdated stoves, low sulfur fuel, diesel submittals.13 The reader is referred to significant deterioration 2012 PM2.5 engine retrofits and idling of mobile the EPA’s analysis evaluation of the SIP only], (K), (L) and (M). The EPA is not acting on New York’s sources are also included as part of the submittals identified in Section VII. submittal for 2012 PM as it relates to public awareness program. Element L: Permitting Fees: Section 2.5 nonattainment provisions, the NSR The public is afforded the opportunity 110(a)(2)(L) requires SIPs to mandate program required by part D, in section to participate in the regulatory process that each major stationary source pay 110(a)(2)(C) and is not acting on New by submitting written comments on permitting fees to cover the cost of York’s submittals for 2008 Ozone, 2010 each major SIP revision and petitioning reviewing, approving, implementing SO and 2012 PM NAAQS as they for a public hearing on such revisions. and enforcing a permit, until such time 2 2.5 The EPA proposes to find that New relate to the measures for attainment as the SIP fee requirement is superseded York has met the requirements of CAA required by section 110(a)(2)(I), as part by the EPA’s approval of the state’s 110(a)(2)(J) for public notification. of this proposed approval because the operating permit program. This element State’s infrastructure SIP submittals do Prevention of Significant Deterioration of the submittals is common to New not include nonattainment requirements York infrastructure submittals that the New York has a SIP approved PSD/ and the EPA will act on them when, if EPA has previously approved and, as NSR program that covers all criteria necessary, they are submitted. discussed in Section VII, the EPA is not pollutants including PM2.5. 6 NYCRR The EPA is also not acting on Part 231 ‘‘New Source Review for New repeating the rationale for proposing to 110(a)(2)(D)(i)(I) provisions (prongs 1 approve this element of the submittals. and Modified Facilities’’ was approved and 2) for the 2010 SO2 NAAQS and the Element M: Consultation/ by the EPA on November 17, 2010 (75 2012 PM2.5 NAAQS, which will be FR 70142). 6 NYCRR Part 231 regulates Participation by Affected Local Entities: addressed in a subsequent action by the major sources under NSR (when the Section 110(a)(2)(M) requires states to EPA. source is located in a nonattainment provide for consultation and The EPA is soliciting public area) and PSD (when the source is participation in SIP development by comments on the issues discussed in located in an attainment area). NYSDEC local political subdivisions affected by this proposal. These comments will be adopted a revision to 6 NYCRR Part 231 the SIP. This element of the submittals considered before the EPA takes final is common to New York infrastructure to implement PM2.5 provisions in 2011. action. Interested parties may These revisions were submitted to the submittals that the EPA has previously participate in the Federal rulemaking EPA for inclusion in the SIP on October procedure by submitting written 13 Due to State revisions to 6 NYCRR 201–6, 12, 2011. The EPA approved the State’s section 201–6.5(a)(7) in the EPA-approved NY Title comments to the EPA Regional Office revision to Part 231 in a December 27, V program is now numbered in the State’s listed in the ADDRESSES section of this 2016 action (81 FR 95047). regulation as 6 NYCRR 201–6.4(a)(7). Federal Register, or by submitting

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comments electronically, by mail, or This proposed rulemaking pertaining submitted at Regulations.gov, follow the through hand delivery or courier to New York’s section 110(a)(2) online instructions for submitting following the directions in the infrastructure requirements for the 2008 comments. Once submitted, comments ADDRESSES section of this Federal Ozone NAAQS, 2012 PM2.5 NAAQS, cannot be edited or removed from Register. and 2010 SO2 NAAQS does not have Regulations.gov. The EPA may publish tribal implications as specified by any comment received to its public IX. Statutory and Executive Order Executive Order 13175 (65 FR 67249, docket. Do not submit electronically any Reviews November 9, 2000), because the SIP is information you consider to be Under the Clean Air Act, the not approved to apply in Indian country Confidential Business Information (CBI) Administrator is required to approve a located in the State, and EPA notes it or other information whose disclosure is SIP submission that complies with the will not impose substantial direct costs restricted by statute. Multimedia provisions of the CAA and applicable on tribal governments or preempt tribal submissions (audio, video, etc.) must be Federal regulations. 42 U.S.C. 7410(k); law. accompanied by a written comment. 40 CFR 52.02(a). Thus, in reviewing SIP The written comment is considered the List of Subjects in 40 CFR Part 52 submissions, the EPA’s role is to official comment and should include approve state choices, provided that Environmental protection, Air discussion of all points you wish to they meet the criteria of the Clean Air pollution control, Incorporation by make. The EPA will generally not Act. Accordingly, this action merely reference, Intergovernmental relations, consider comments or comment approves state law as meeting Federal Ozone, Particulate matter, Reporting contents located outside of the primary requirements and does not impose and recordkeeping requirements, Sulfur submission (i.e., on the web, cloud, or additional requirements beyond those oxides, Volatile organic compounds. other file sharing system). For imposed by state law. For that reason, Authority: 42 U.S.C. 7401 et seq. additional submission methods, please this action: contact the person identified in the FOR Dated: May 28, 2019. • Is not a ‘‘significant regulatory FURTHER INFORMATION CONTACT section. action’’ subject to review by the Office Peter D. Lopez, For the full EPA public comment policy, of Management and Budget under Regional Administrator, Region 2. information about CBI or multimedia Executive Order 12866 (58 FR 51735, [FR Doc. 2019–12181 Filed 6–12–19; 8:45 am] submissions, and general guidance on October 4, 1993) and 13563 (76 FR 3821, BILLING CODE 6560–50–P making effective comments, please visit January 21, 2011); https://www.epa.gov/dockets/ • Does not impose an information commenting-epa-dockets. ENVIRONMENTAL PROTECTION collection burden under the provisions FOR FURTHER INFORMATION CONTACT: AGENCY of the Paperwork Reduction Act (44 Nancy Levin, EPA Region IX, 75 U.S.C. 3501 et seq.); 40 CFR Parts 52 and 81 Hawthorne Street, San Francisco, CA • Is certified as not having a 94105. By phone: (415) 972–3848 or by significant economic impact on a [EPA–R9–OAR–2018–0821 FRL–9995–11– email at [email protected]. Region 9] substantial number of small entities SUPPLEMENTARY INFORMATION: under the Regulatory Flexibility Act (5 Determination of Attainment by the Throughout this document, ‘‘we,’’ ‘‘us,’’ U.S.C. 601 et seq.); Attainment Date for the 2008 Ozone and ‘‘our’’ refer to the EPA. • Does not contain any unfunded National Ambient Air Quality mandate or significantly or uniquely Table of Contents Standards; Phoenix-Mesa, Arizona affect small governments, as described I. What is the Background for this action? in the Unfunded Mandates Reform Act AGENCY: Environmental Protection A. Ozone NAAQS, Area Designations, and of 1995 (Pub. L. 104–4); Agency (EPA). Classifications • Does not have Federalism B. Ambient Air Quality Monitoring Data ACTION: Proposed rule. II. What is the EPA’s analysis of the relevant implications as specified in Executive air quality data? SUMMARY: Order 13132 (64 FR 43255, August 10, The Environmental Protection A. Monitoring Network and Data 1999); Agency (EPA) is proposing to determine Considerations • Is not an economically significant that the Phoenix-Mesa ozone B. Evaluation of the Ambient Air Quality regulatory action based on health or nonattainment area (‘‘Phoenix NAA’’), Data safety risks subject to Executive Order which is classified as ‘‘Moderate’’ for III. Proposed Action 13045 (62 FR 19885, April 23, 1997); the 2008 ozone National Ambient Air IV. Environmental Justice Considerations V. Statutory and Executive Order Reviews • Is not a significant regulatory action Quality Standards (NAAQS or subject to Executive Order 13211 (66 FR ‘‘standards’’), attained the NAAQS by its I. What is the background for this 28355, May 22, 2001); Moderate area attainment date of July action? • Is not subject to requirements of 20, 2018. This determination is based on complete, quality-assured, and certified A. Ozone NAAQS, Area Designations, section 12(d) of the National and Classifications Technology Transfer and Advancement data for 2015–2017. This proposed Act of 1995 (15 U.S.C. 272 note) because action is necessary to fulfill the EPA’s The Clean Air Act (CAA or ‘‘Act’’) application of those requirements would statutory obligation to determine requires the EPA to establish national be inconsistent with the Clean Air Act; whether ozone nonattainment areas primary and secondary standards for and attained the NAAQS by the attainment certain widespread pollutants, such as • Does not provide EPA with the date. ozone, which cause or contribute to air discretionary authority to address, as DATES: Any comments must arrive by pollution that is reasonably anticipated appropriate, disproportionate human July 15, 2019. to endanger public health or welfare.1 In health or environmental effects, using ADDRESSES: Submit your comments, 1 CAA sections 108 and 109. Primary standards practicable and legally permissible identified by Docket ID No. EPA–R09– represent ambient air quality standards the methods, under Executive Order 12898 OAR–2018–0821 at https:// attainment and maintenance of which the EPA has (59 FR 7629, February 16, 1994). www.regulations.gov. For comments determined, including a margin of safety, are

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the 1970s, the EPA promulgated 2012–2014.6 States with Moderate valid design value 9 meeting the primary and secondary ozone standards ozone areas are required to submit standard. based on a 1-hour average. In 1997, we revisions to the applicable state II. What is the EPA’s analysis of the replaced the 1-hour ozone standards implementation plan (SIP) that comply relevant air quality data? with primary and secondary 8-hour with the requirements set forth in ozone standards. In 2008, we revised the subpart 2 of part D of title I of the CAA A. Monitoring Network and Data 8-hour ozone standards to the level of and in the EPA’s ozone implementation Considerations 0.075 parts per million (ppm), daily rule for the 2008 ozone NAAQS in 40 The Arizona Department of maximum 8-hour average.2 Since the CFR part 51, subpart AA. The relevant Environmental Quality (ADEQ or primary and secondary ozone standards SIP requirements include, among other ‘‘State’’), Maricopa County Air Quality are the same, we refer to them hereafter requirements, attainment Department (MCAQD), Pinal County Air in this document using the singular demonstrations and associated Quality Control District (PCAQCD), and ‘‘2008 ozone standard’’ (or simply reasonably available control measures, Salt River Pima-Maricopa Indian ‘‘standard’’) or NAAQS. The 2008 ozone reasonable further progress (RFP) plans, Community (SRPMIC) operate a standard is met at an ambient air quality and contingency measures for failure to combined 24 ozone SLAMS in the monitoring site when the design value attain or make RFP. The applicable Phoenix NAA (see Table 1 for AQS is less than or equal to 0.075 ppm, as attainment date for areas classified as identification number, site name, design determined in accordance with 40 CFR Moderate nonattainment for the 2008 value, and completeness data for 2015– part 50, appendix P.3 The design value ozone NAAQS is as expeditious as 2017 (i.e., the design value period)). is a statistic that describes the air practicable but not later than July 20, MCAQD operates 18 of these ozone sites quality status of a given location relative 2018.7 Because the design value is based in the Phoenix NAA, however one of to the level of the NAAQS. For the on the three most recent, complete these sites (AQS# 040139706, Rio purpose of comparison with the 2008 calendar years of data, attainment must Verde) was approved by the EPA for ozone standard, the design value for a occur no later than December 31 of the closure in 2017.10 11 ADEQ operates one site is the 3-year average of the annual year prior to the attainment date (i.e., ozone site in the Phoenix NAA (JLG fourth-highest daily maximum 8-hour December 31, 2017, in the case of Supersite). PCAQCD operates one ozone average ozone concentrations. Moderate NAAs for the 2008 ozone site in the Phoenix NAA (AJ The EPA designated NAAs for the NAAQS). Maintenance Yard). SRPMIC operates 2008 ozone standard on May 21, 2012, B. Ambient Air Quality Monitoring Data four ozone sites in the Phoenix NAA effective July 20, 2012.4 In that action, (Senior Center, Red Mountain, Lehi, and the EPA classified (by operation of law) A determination of whether an area’s High School). the Phoenix NAA as ‘‘Marginal’’ air quality meets the 2008 ozone State and local air monitoring nonattainment. The original attainment NAAQS is generally based upon three agencies are required to submit annual date for the 2008 ozone standard for this consecutive calendar years of complete, monitoring network plans to the EPA.12 Marginal ozone NAA was as expeditious quality-assured data measured at Tribal monitoring agencies may also as practicable but not later than July 20, established State and Local Air submit such plans. An annual 2015.5 Monitoring Stations (SLAMS) in the monitoring network plan discusses the NAA and entered into the EPA Air status of the air monitoring network, as Section 181(b)(2)(A) of the CAA Quality System (AQS) database. Data requires that within 6 months following required under 40 CFR 58.10. MCAQD, from ambient air monitoring sites PCAQCD, ADEQ and SRPMIC submit the applicable attainment date, the EPA operated by state or local agencies in must determine whether an ozone NAA annual monitoring network plans for compliance with EPA monitoring ozone SLAMS in the Phoenix NAA. attained the ozone standard based on requirements must be submitted to Since 2007, the EPA has regularly the area’s design value as of that date. AQS. Heads of monitoring agencies reviewed these annual monitoring In May 2016, the EPA determined that annually certify that these data are network plans for compliance with the the Phoenix NAA failed to attain the accurate to the best of their knowledge. applicable requirements in 40 CFR part 2008 ozone standard by the applicable Accordingly, the EPA relies primarily 58. With respect to ozone, the EPA has attainment date of July 20, 2015, and on data in AQS when determining the found that the area’s annual monitoring reclassified the area to the next higher attainment status of an area.8 All ozone network plans for 2015 through 2017 classification, i.e., ‘‘Moderate.’’ Our data are reviewed to determine the meet the applicable requirements under determination was based on complete, area’s air quality status in accordance 40 CFR part 58.13 14 15 16 Furthermore, quality-assured, and certified data for with 40 CFR part 50, appendix P. When the design value is less than or 9 Design values attaining the 2008 ozone NAAQS requisite to protect the public health. Secondary equal to 0.075 ppm (based on the also must meet minimum data completeness standards represent ambient air quality standards rounding convention in 40 CFR part 50, requirements specified in 40 CFR part 50, appendix the attainment and maintenance of which the EPA P to be considered valid. has determined are requisite to protect the public appendix P) at each monitoring site 10 Blue Point-Sheriff Station-Tonto NF-Salt River welfare from any known or anticipated adverse within the area, then the area is meeting Rec. Area, Buckeye, Cave Creek, Central Phoenix, effects associated with the presence of such air the 2008 ozone NAAQS. To make the Dysart, Falcon Field, Fountain Hills, Glendale, pollutant in the ambient air. CAA section 109(b). determination that an area attains the Humboldt Mountain, Mesa, North Phoenix, 2 73 FR 16436 (March 27, 2008); 40 CFR 50.15. Pinnacle Peak, Rio Verde, South Phoenix, South In 2015, we tightened the ozone National Ambient NAAQS, each monitor must have a Scottsdale, Tempe, West Chandler, West Phoenix. Air Quality Standards (NAAQS or ‘‘standards’’) 11 Letter from Elizabeth J. Adams, Acting Director, even further and established 0.070 parts per million 6 81 FR 26697 (May 4, 2016). The 2012–2014 Air Division, EPA Region IX, to Ben Davis, Director, (ppm), 8-hour average, as the new ozone NAAQS. design value for the Phoenix NAA was 0.080 parts Air Monitoring Manager, Maricopa County Air 80 FR 65292 (October 26, 2015). While the 1979 1- per million, which exceeded the 2008 ozone Quality Department (MCAQD), dated September 15, hour ozone NAAQS and 1997 8-hour ozone NAAQS NAAQS of 0.075 ppm. We note that today’s action 2017, approving MCAQD’s closure of the Rio Verde have been revoked, the 2008 ozone NAAQS remains is based on the 2015–2017 design value. ozone SLAMS site. in effect. 7 40 CFR 51.1103. 12 40 CFR 58.10(a)(1). 3 40 CFR 50.15. 8 40 CFR 50.15; 40 CFR part 50, appendix P; 40 13 Letter from Gwen Yoshimura, Acting Manager, 4 77 FR 30088. CFR part 53; 40 CFR part 58, appendices A, C, D Air Quality Analysis Office, EPA Region IX, to 5 40 CFR 51.1103(a). and E. Continued

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the EPA concluded from its Technical also conducted a TSA of SRPMIC, but, Lastly, consistent with the Systems Audits (TSAs) of ADEQ, as a tribal agency, minimum monitoring requirements contained in 40 CFR part MCAQD, and PCAQCD, that the requirements do not apply to SRPMIC.20 50, the EPA has reviewed the quality- combined ambient air monitoring MCAQD, PCAQCD, ADEQ and assured and certified ozone ambient air network currently meets or exceeds the SRPMIC oversee the quality assurance monitoring data for completeness. The requirements for the minimum number of data collected from their sites and EPA reviewed the data as recorded in of SLAMS in the Phoenix NAA for the annually certify that their respective AQS for the applicable monitoring 2008 ozone standard.17 18 19 The EPA data submitted to AQS are complete and period, collected at the monitoring sites quality-assured, and have done so for in the Phoenix NAA, and has Philip A. McNeely, Director, Maricopa County Air each year relevant to our determination determined that the data are complete, Quality Department (MCAQD), dated October 31, of attainment, 2015–2017.21 22 23 24 except for the Tempe monitoring 2016, approving MCAQD’s 2015 annual monitoring 25 network plan; Letter from Gwen Yoshimura, station. Monitoring at the Tempe Manager, Air Quality Analysis Office, EPA Region 25, 2019, transmitting findings from the EPA’s 2018 station was temporarily suspended from IX, to Philip A. McNeely, Director, Maricopa TSA of the ADEQ’s ambient air monitoring April to October in 2015 as a result of County Air Quality Department (MCAQD), dated program. 18 significant modifications by the October 30, 2017, approving MCAQD’s 2016 annual Letter from Elizabeth J. Adams, Acting Director, monitoring network plan; Letter from Gwen Air Division, EPA Region IX, to Mr. Michael landowner to the site. MCAQD notified Yoshimura, Manager, Air Quality Analysis Office, Sundblom, Director, PCAQCD, dated September, the EPA of this temporary closure in EPA Region IX, to Philip A. McNeely, Director, 28, 2016, transmitting findings from the EPA’s 2016 MCAQD’s 2015 annual ambient air TSA of the PCAQCD’s ambient air monitoring Maricopa County Air Quality Department monitoring plan.26 The Tempe (MCAQD), dated October 30, 2018, approving program. MCAQD’s 2017 annual monitoring network plan. 19 Letter from Elizabeth J. Adams, Acting Director, monitoring site was not the design value 14 Letter from Gwen Yoshimura, Acting Manager, Air Division, EPA Region IX, to Philip A. McNeely, monitor in the Phoenix NAA for the five Air Quality Analysis Office, EPA Region IX, to Director, MCAQD, dated June 12, 2017, transmitting previous valid design value years Michael Sundblom, Director, Pinal County Air findings from the EPA’s 2016 TSA of the MCAQD’s (2010–2014). In addition, Tempe did not Quality Control District (PCAQCD), dated October ambient air monitoring program. 31, 2016, approving PCAQCD’s 2015 annual 20 Letter from Elizabeth J. Adams, Acting Director, have the highest fourth-highest daily monitoring network plan; Letter from Gwen Air Division, EPA Region IX, to Mr. Christopher maximum 8-hour ozone concentrations Yoshimura, Manager, Air Quality Analysis Office, Horan, Environmental Director, SRPMIC, dated in the NAA in 2016 or 2017. For these EPA Region IX, to Michael Sundblom, Director, August 29, 2017, transmitting findings from the reasons, the temporary closure and Pinal County Air Quality Control District EPA’s 2016 TSA of the SRPMIC’s ambient air (PCAQCD), dated October 30, 2016, approving monitoring program. invalid 2017 design value at the Tempe PCAQCD’s 2016 annual monitoring network plan; 21 Letter from Timothy Franquist Jr, Deputy monitoring site does not affect the EPA’s Letter from Gwen Yoshimura, Manager, Air Quality Director, Air Quality Division, Arizona Department ability to determine the design value for Analysis Office, EPA Region IX, to Michael of Environmental Quality, to Deborah Jordan, EPA Sundblom, Director, Pinal County Air Quality Region IX, dated April 27, 2015 [correct date was the area. For the remaining ozone Control District (PCAQCD), dated October 30, 2018, April 27, 2016], Certification of 2015 Ambient Air monitoring sites in the Phoenix NAA, approving PCAQCD’s 2017 annual monitoring Data and Re-Certification of 2014 Ambient Air Data daily maximum 8-hour average network plan. in AQS Database Reported by ADEQ; Letter from concentrations are available for at least 15 Letter from Gwen Yoshimura, Acting Manager, Timothy S. Franquist, Director, Air Quality 90 percent of the days within the ozone Air Quality Analysis Office, EPA Region IX, to Division, Arizona Department of Environmental Timothy S. Franquist, Director, Air Quality Quality, to Elizabeth Adams, Acting Air Division monitoring season, on average for the Division, Arizona Department of Environmental Director, Air Division, EPA Region IX, dated April 2015–2017 period, and daily maximum Quality (ADEQ), dated November 3, 2016, 5, 2017, Certification of 2016 Ambient Air Data and 8-hour average concentrations are approving ADEQ’s 2015 annual monitoring network Re-Certification of 2015 Ambient Air Data in AQS plan; Letter from Gwen Yoshimura, Manager, Air Database Reported by ADEQ; Letter from Timothy available for at least 75 percent of the Quality Analysis Office, EPA Region IX, to Timothy S. Franquist, Director, Air Quality Division, to days within the ozone monitoring S. Franquist, Director, Air Quality Division, Arizona Elizabeth Adams, Air Division Director, EPA Region season for each individual year within Department of Environmental Quality (ADEQ), IX, dated April 27, 2018, Certification of 2017 that period. Therefore, the remaining dated November 3, 2016, approving ADEQ’s 2016 Ambient Air Data and Re-Certification of 2016 annual monitoring network plan; Letter from Gwen Ambient Air Data in AQS Database Reported by sites meet the data completeness Yoshimura, Manager, Air Quality Analysis Office, ADEQ. requirements of 40 CFR part 50, EPA Region IX, to Timothy S. Franquist, Director, 22 Letter from Philip A. McNeely, Director, appendix P.27 Air Quality Division, Arizona Department of Maricopa County Air Quality Department, to Environmental Quality (ADEQ), dated October 30, Deborah Jordan, Air Division, EPA Region IX, dated B. Evaluation of the Ambient Air 2017, approving ADEQ’s 2017 annual monitoring April 25, 2016, 2015 Data Certification Letter; Letter Quality Data network plan. from Philip A. McNeely, Director, Maricopa County 16 Letter from Gwen Yoshimura, Acting Manager, Air Quality Department, to Elizabeth Adams, Acting As noted previously, the applicable Air Quality Analysis Office, EPA Region IX, to Director, Air Division, EPA Region IX, dated April attainment date for the Phoenix NAA is Christopher Horan, Division Manager, 7, 2017, 2016 Data Certification Letter; Letter from July 20, 2018. We have reviewed the Environmental Protection & Natural Resources Philip A. McNeely, Director, Maricopa County Air Division, Salt River Pima-Maricopa Indian Quality Department, to Elizabeth Adams, Acting Community (SRPMIC), dated October 31, 2016, Director, Air Division, EPA Region IX, dated April Maricopa Indian Community, to Elizabeth Adams, approving SRPMIC’s 2015 annual monitoring 10, 2018, 2017 Data Certification. Acting Director, Air Division, EPA Region IX, dated network plan; Letter from Gwen Yoshimura, 23 Letter from Josh DeZeeuw, Air Quality March 31, 2016 [correct date was March 31, 2017], Manager, Air Quality Analysis Office, EPA Region Manager, Pinal County Air Quality Control District, 2016 AQS Data Certification of Ambient Air IX, to Christopher Horan, Division Manager, to Deborah Jordan, dated April 29, 2016, AQS Data Monitoring Data; Letter from Christopher Horan, Environmental Protection & Natural Resources Certification—2015; Letter from Josh DeZeeuw, Air Environmental Protection & Natural Resources Division, Salt River Pima-Maricopa Indian Quality Manager, Pinal County Air Quality Control Manager, Salt River Pima Maricopa Indian Community (SRPMIC), dated October 30, 2017, District, to Elizabeth Adams, dated April 28, 2017, Community, to Elizabeth Adams, Acting Director, approving SRPMIC’s 2016 annual monitoring AQS Data Certification—2016; Letter from Josh Air Division, EPA Region IX, dated April 13, 2018, network plan; Letter from Gwen Yoshimura, DeZeeuw, Air Quality Manager, Pinal County Air 2017 AQS Ambient Air Monitoring Data Manager, Air Quality Analysis Office, EPA Region Quality Control District, to Elizabeth Adams, dated Certification. IX, to Christopher Horan, Division Manager, April 30, 2018, AQS Data Certification—2017. 25 See EPA, Air Quality System, Design Value Environmental Protection & Natural Resources 24 Letter from Christopher Horan, Environmental Report, May 20, 2019. Division, Salt River Pima-Maricopa Indian Protection & Natural Resources Manager, Salt River 26 2015 Air Monitoring Network Plan, Philip A. Community (SRPMIC), dated October 30, 2018, Pima Maricopa Indian Community, to Deborah McNeely, Director, MCAQD, submitted June 30, approving SRPMIC’s 2017 annual monitoring Jordan, Director, Air Division, EPA Region IX, dated 2016. network plan. April 27, 2016, 2015 AQS Data Certification of 27 The Rio Verde Ozone SLAMS was approved for 17 Letter from Elizabeth J. Adams, Director, Air Ambient Air Monitoring Data; Letter from closure in 2017, however, there were sufficient data Division, EPA Region IX, to Mr. Timothy Franquist, Christopher Horan, Environmental Protection & for the monitor to still have a valid 2015–2017 Director, Air Quality Division, ADEQ, dated April Natural Resources Manager, Salt River Pima design value.

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data collected at the monitoring sites by the attainment date. Table 1 shows monitors within the Phoenix NAA. The within that area during the three-year the fourth-highest daily maximum 8- design value for a given area is based on period preceding the attainment date hour ozone concentrations for 2015 the monitoring site in the area with the (2015–2017) to determine whether the through 2017, 2015–2017 design values, highest design value. area attained the 2008 ozone standard and data completness for ozone

TABLE 1—PHOENIX NAA: 2015–2017 MONITORING SITE-LEVEL DESIGN VALUES FOR THE 2008 8-HOUR OZONE NAAQS

4th Highest daily Percent complete maximum 2015–2017 8-hour 2015–2017 Average AQS site ID Site name average value Design percent (ppm) value 2015 2016 2017 complete 2015 2016 2017

040130019 ...... West Phoenix ...... 074 .071 .077 .074 100 100 100 100 040131003 ...... Mesa ...... 072 .075 .078 .075 100 100 100 100 040131004 ...... North Phoenix ...... 074 .075 .077 .075 100 99 100 100 040131010 ...... Falcon Field ...... 072 .073 .078 .074 100 98 99 99 040132001 ...... Glendale ...... 067 .066 .068 .067 98 99 98 98 040132005 ...... Pinnacle Peak ...... 074 .074 .077 .075 99 100 98 99 040133002 ...... Central Phoenix .... .071 .070 .071 .070 100 100 99 100 040133003 ...... South Scottsdale .. .068 .070 .070 .069 98 99 99 99 040134003 ...... South Phoenix ...... 070 .067 .072 .069 100 100 99 100 040134004 ...... West Chandler ...... 070 .069 .074 .071 100 100 100 100 040134005 ...... Tempe ...... N/A .068 .065 N/A 12 100 99 76 040134008 ...... Cave Creek ...... 069 .071 .071 .070 100 100 99 99 040134010 ...... Dysart ...... 067 .063 .076 .068 100 100 89 95 040134011 ...... Buckeye ...... 060 .059 .070 .063 98 99 91 95 040139508 ...... Humboldt Mtn ...... 073 .072 .074 .073 97 100 100 99 040139702 ...... Blue Point ...... 071 .071 .074 .072 99 100 99 100 040139704 ...... Fountain Hills ...... 069 .068 .073 .070 100 100 97 99 040139706 ...... Rio Verde ...... 068 .070 .068 .068 100 100 83 92 040139997 ...... JLG Supersite...... 075 .075 .076 .075 98 94 98 97 040137020 ...... Senior Center ...... 073 .070 .075 .072 100 100 99 100 040137021 ...... Red Mountain ...... 074 .071 .079 .074 100 99 99 99 040137022 ...... Lehi ...... 076 .072 .077 .075 100 99 97 99 040137024 ...... High School...... 072 .070 .075 .072 96 98 98 98 040213001 ...... AJ Maintenance .... .073 .072 .079 .074 97 97 96 97

In the EPA’s review of monitoring exceptional events.29 Accordingly, the based on complete, quality-assured, and data for the 2008 ozone standard for the EPA has determined that the monitored certified ambient air quality monitoring Phoenix NAA, the EPA is excluding exceedances associated with these data for the 2015–2017 monitoring certain exceedances of the standard exceptional events should be excluded period. Based on our proposed finding from the attainment determination from use in determinations of of attainment by the applicable presented herein because they were the exceedances and violations, including attainment date, we are also proposing result of exceptional events. ADEQ the evaluation of whether the Phoenix to determine that the CAA requirement provided documentation supporting NAA has attained by the attainment for the SIP to provide for contingency requests for concurrence on wildfire date in accordance with CAA section measures to be implemented in the 181(b)(2)(A). ozone exceptional events covering a event the area fails to attain Our proposed determination that the total of 14 exceedances recorded on (‘‘attainment contingency measures’’) area has attained the 2008 ozone will no longer apply to the Phoenix June 20, 2015, and July 7, 2017, at NAAQS is based in part on our NAA. Under CAA section 172(c)(9), monitors within the Phoenix NAA. The concurrence with ADEQ that the attainment contingency measures must EPA reviewed the documentation that exceedances monitored in the Phoenix be implemented only if the area fails to ADEQ provided to demonstrate that NAA on June 20, 2015, and July 7, 2017, attain by the attainment date. Therefore, these exceedances meet the criteria for were caused by wildfire ozone if we finalize the determination that the exceptional events under the EPA’s exceptional events, and our related Phoenix NAA has attained the 2008 28 Exceptional Events Rule. The EPA exclusion of these exceedances from the ozone standard, attainment contingency concurred with ADEQ’s requests for attainment determination. measures for this NAAQS would never determinations that, based on the III. Proposed Action be required to be implemented, weight of evidence, the exceedances regardless of whether the area continues were caused by wildfire ozone The EPA is proposing to determine to attain the NAAQS. The State that the Phoenix NAA has attained the submitted contingency measures as part 2008 ozone standard by its Moderate of the Phoenix area 2008 Moderate 28 40 CFR 50.1(j), (k), (l), (m), (n), (o), (p), (q), (r); area attainment date of July 20, 2018, ozone plan adopted in December 2016. 50.14; 51.930. See also 40 CFR part 50, appendix We will defer taking any action on these P, section 1.a, (determinations of whether to 29 See letters from Elizabeth J. Adams, Director, exclude, retain, or make adjustments to the data Air Division, EPA Region IX, to Timothy S. measures in light of this proposed affected by exceptional events is determined by the Franquist, Director, Air Quality Division, ADEQ, finding of attainment by the applicable requirements under 40 CFR 50.1, 50.14 and 51.930). dated February 5, 2019, and May 7, 2019. attainment date and resulting

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determination that the attainment because this action is not significant subject to Executive Order 13045 contingency measure requirement no under Executive Order 12866. because it does not concern an longer applies to the area. The State may environmental health risk or safety risk. C. Paperwork Reduction Act (PRA) elect to withdraw the attainment I. Executive Order 13211: Actions That contingency measures to lift the This rule does not impose any new Significantly Affect Energy Supply, obligation on the EPA under section information collection burden under the Distribution, or Use 110(k) to act on these measures. PRA not already approved by the OMB. This action is not subject to Executive We are not proposing to suspend the D. Regulatory Flexibility Act (RFA) attainment-related requirements for the Order 13211, because it is not a Phoenix NAA under 40 CFR 51.1118 at I certify that this action will not have significant regulatory action under this time because ozone monitoring data a significant economic impact on a Executive Order 12866. for 2018 are not consistent with substantial number of small entities under the RFA. This action will not J. National Technology Transfer continued attainment of the standard in Advancement Act (NTTAA) the Phoenix NAA. impose any requirements on small We also note that, if finalized, this entities. This rulemaking does not involve proposed determination that the E. Unfunded Mandates Reform Act technical standards. Phoenix ozone NAA has attained the (UMRA) K. Executive Order 12898: Federal 2008 ozone NAAQS would not Actions To Address Environmental constitute a redesignation of the area to This action does not contain any unfunded mandate as described in Justice in Minority Populations and attainment for the 2008 ozone standard. Low-Income Populations Under CAA section 107(d)(3)(E), UMRA, 2 U.S.C. 1531–1538, and does redesignations to attainment require not significantly or uniquely affect small The EPA believes the human health or states to meet a number of additional governments. This action imposes no environmental risk addressed by this statutory criteria, including the EPA’s enforceable duty on any state, local or action will not have potential approval of a SIP revision tribal governments, or the private sector. disproportionately high and adverse demonstrating maintenance of the F. Executive Order 13132: Federalism human health or environmental effects standard for 10 years after on minority, low-income, or indigenous This action does not have federalism redesignation. The designation status of populations. The results of this implications. It will not have substantial the Phoenix area will remain Moderate evaluation are contained in the section direct effects on the states, tribes, or the nonattainment for the 2008 ozone of the preamble titled ‘‘Environmental relationship between the national NAAQS until such time as the EPA Justice Considerations.’’ government and the states and tribes, or determines that the area meets the CAA on the distribution of power and List of Subjects in 40 CFR Part 52 requirements for redesignation to responsibilities among the various attainment. Environmental protection, Air levels of government. pollution control, Incorporation by IV. Environmental Justice G. Executive Order 13175: Consultation reference, Intergovernmental relations, Considerations and Coordination With Indian Tribal Oxides of nitrogen, Ozone, Volatile The EPA believes that this proposed Governments organic compounds. action will not have disproportionately This action has tribal implications. Dated: May 31, 2019. high or adverse human health or However, it will neither impose Deborah Jordan, environmental effects on minority, low- substantial direct compliance costs on Acting Regional Administrator, Region IX. income, or indigenous populations. federally recognized tribal governments, The purpose of this rule is to [FR Doc. 2019–12517 Filed 6–12–19; 8:45 am] nor preempt tribal law. Four tribes have BILLING CODE 6560–50–P determine whether the Phoenix NAA areas of Indian country within or attained the 2008 ozone standard by its directly adjacent to the Phoenix NAA: Moderate area attainment date, which is Fort McDowell Yavapai Nation, Gila required under the CAA for purposes of FEDERAL COMMUNICATIONS River Indian Community, Salt River COMMISSION implementing the 2008 ozone standard. Pima-Maricopa Indian Community of As such, this action does not directly the Salt River Reservation, and the 47 CFR Part 54 affect the level of protection provided Tohono O’odham Nation of Arizona. [WC Docket No. 06–122; FCC 19–46] for human health or the environment. The EPA intends to communicate with V. Statutory and Executive Order potentially affected tribes located within Universal Service Contribution Reviews or directly adjacent to the boundaries of Methodology the Phoenix NAA as the agency moves A. Executive Order 12866: Regulatory forward in developing a final rule. AGENCY: Federal Communications Planning and Review and Executive Commission. Order 13563: Improving Regulation and H. Executive Order 13045: Protection of ACTION: Regulatory Review Children From Environmental Health Proposed rule. and Safety Risks This action is not a significant SUMMARY: In this document, the Federal regulatory action and was therefore not The EPA interprets Executive Order Communications Commission submitted to the Office of Management 13045 as applying only to those (Commission) seeks comment on and Budget (OMB) for review. regulatory actions that concern establishing a cap on the Universal environmental health or safety risks that Service Fund (USF or Fund) and ways B. Executive Order 13771: Reducing the EPA has reason to believe may it could enable the Commission to Regulations and Controlling Regulatory disproportionately affect children, per evaluate the financial aspects of the four Costs the definition of ‘‘covered regulatory USF programs in a more holistic way, This action is not expected to be an action’’ in section 2–202 of the and thereby better achieve the Executive Order 13771 regulatory action Executive Order. This action is not overarching universal service principles

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Congress directed the Commission to Bureau at 202–418–0530 (voice), 202– 3. The Commission initiates this preserve and advance. 418–0432 (tty). proceeding mindful of its obligation to safeguard the USF funds ultimately paid DATES: Comments are due on or before FOR FURTHER INFORMATION CONTACT: by ratepayers, and to ensure the funds July 15, 2019 and reply comments are Karen Sprung, Wireline Competition are spent prudently and in a consistent due on or before August 12, 2019. Bureau, (202) 418–7400 or TTY: (202) manner across all programs. Although ADDRESSES: Pursuant to §§ 1.415 and 418–0484. 1.419 of the Commission’s rules, 47 CFR the creation of a topline budget will not SUPPLEMENTARY INFORMATION: This is a 1.415, 1.419, interested parties may file eliminate the Commission’s ability to summary of the Commission’s Notice of comments and reply comments on or increase funding for a particular Proposed Rulemaking (NPRM) in WC program, a cap would require it to before the dates indicated in the DATES Docket No. 06–122; FCC 19–46, adopted section of this document. Comments expressly consider the consequences on May 15, 2019 and released on May and tradeoffs of spending decisions for and reply comments may be filed using 31, 2019. The full text of this document the overall fund, and more carefully the Commission’s Electronic Comment is available for public inspection during evaluate how to efficiently and Filing System (ECFS). See Electronic regular business hours in the FCC responsibly use USF financial resources. Filing of Documents in Rulemaking Reference Center, Room CY–A257, 445 The Commission takes this action to Proceedings, 63 FR 24121 (1998). If you 12th Street SW, Washington, DC 20554 preserve and advance universal service, anticipate that you will be submitting or at the following internet address: to increase access to comments but find it difficult to do so https://www.fcc.gov/ecfs/filing/ telecommunications services for all within the period of time allowed by 05310169808865. consumers at just, reasonable, and this document, you should advise the affordable rates, to meet its obligation to FOR FURTHER contact listed in the I. Introduction protect against Fund waste, and to INFORMATION CONTACT section as soon as 1. In the NPRM, the Commission ensure that the universal service possible. programs are funded appropriately. D seeks comments on establishing a cap Electronic Filers: Comments may be 4. Section 254(b) of the filed electronically using the internet by on the Universal Service Fund (USF or Fund) and ways it could enable the Telecommunications Act of 1996 directs accessing the ECFS: http://apps.fcc.gov/ the Commission to base policies for the ecfs/. Commission to evaluate the financial aspects of the four USF programs in a preservation and advancement of D Paper Filers: Parties who choose to universal service on a number of file by paper must file an original and more holistic way, and thereby better achieve the overarching universal principles. The Commission’s statutory one copy of each filing. If more than one obligation requires that the docket or rulemaking number appears in service principles Congress directed the Commission to preserve and advance. Commission’s policies result in the caption of this proceeding, filers equitable and nondiscriminatory must submit two additional copies for While each of the constituent USF programs are capped or operating under contributions to the Fund, as well as each additional docket or rulemaking specific and predictable support number. Filings can be sent by hand or a targeted budget, the Commission has not examined the programs holistically programs. In order to fulfill Congress’ messenger delivery, by commercial directive, the Commission must balance overnight courier, or by first-class or to determine the most efficient and responsible use of these federal funds. A the need for fiscal responsibility and overnight U.S. Postal Service mail. All predictability with the benefits that filings must be addressed to the cap could promote meaningful consideration of spending decisions by comes from universal service funding. Commission’s Secretary, Office of the However, as courts and the Commission the Commission, limit the contribution Secretary, Federal Communications have recognized, too much burden borne by ratepayers, provide Commission. subsidization could negatively affect the regulatory and financial certainty, and D All hand-delivered or messenger- affordability of telecommunications promote efficiency, fairness, delivered paper filings for the services for those consumers who accountability, and sustainability of the Commission’s Secretary must be ultimately provide the support for USF programs. delivered to FCC Headquarters at 445 universal service. Although the 12th St. SW, Room TW–A325, 2. The Communications Act of 1934 Commission has taken steps over the Washington, DC 20554. The filing hours first established the concept of universal last decade to set caps or funding targets are 8:00 a.m. to 7:00 p.m. All hand service, and the Telecommunications for each of the four programs deliveries must be held together with Act of 1996 formalized and expanded individually, for the first time it looks rubber bands or fasteners. Any universal service, paving the way for the at the Fund and its programs envelopes and boxes must be disposed programs that exist today. The Fund holistically. of before entering the building. provides financial support to recipients 5. High-Cost. The High-Cost program D Commercial overnight mail (other through four major programs: The High- provides support for the deployment of than U.S. Postal Service Express Mail Cost program (also known as the broadband-capable networks in rural and Priority Mail) must be sent to 9050 Connect America Fund), the Lifeline areas. It helps make broadband, both Junction Drive, Annapolis Junction, MD program, the schools and libraries fixed and mobile, available to homes, 20701. program, also known as E-Rate, and the businesses, and community anchor D U.S. Postal Service first-class, Rural Health Care program. Financial institutions in areas that do not, or Express, and Priority mail must be contributions to the Fund are required would not otherwise have broadband. addressed to 445 12th Street SW, to be made by providers of The USF/ICC Transformation Order, 76 Washington, DC 20554. telecommunications and FR 73830, November 29, 2011, People with Disabilities: To request telecommunications services, who are comprehensively reformed and materials in accessible formats for assessed charges based on their modernized the High-Cost program and people with disabilities (Braille, large interstate and international revenues. established, for the first time, a budget print, electronic files, audio format), Consumers ultimately pay these mechanism for the various Connect send an email to [email protected] or call charges, however, either through higher America Fund (CAF) programs. For the Consumer & Governmental Affairs prices or line-item charges on their bills. years 2012–2017, the budget was set at

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no more than $4.5 billion per year, with million, and the total amount of other measures in estimating price an automatic review trigger if the budget qualifying funding requests was changes over time. The Commission was threatened to be exceeded. The approximately $408 million. seeks comment on whether there are Commission did not include an 8. Lifeline. The Lifeline program other ways to adjust the overall cap for inflationary adjustment in the $4.5 provides subsidies for voice and inflation that would be more billion budget adopted in 2011. The broadband services to qualifying low- appropriate. Should there be an index Commission in 2011 also directed the income households. In 2016, the specific to each USF program and how Fund Administrator, the Universal Commission adopted a budget for the should such program-specific indices Service Administrative Company program of $2.25 billion with an annual apply to an overall USF cap? Would this (USAC), to collect $1.125 billion per inflation adjustment. The Lifeline process make a significant difference to quarter for High-Cost funding, program budget does not automatically the caps compared to the use of the regardless of the projected quarterly curtail disbursements, and in the 2017 GDP–CPI? How often should the caps be demand, to avoid dramatic shifts in the Lifeline Order and NPRM, 83 FR 2075, adjusted? Commenters should provide contribution factor while the CAF was January 16, 2018 and 83 FR 2104, data to support their conclusions. implemented. Any excess money January 16, 2018, the Commission 11. The Commission next seeks collected is kept in reserve for the CAF proposed adopting a self-enforcing comment on how to implement the cap. initiatives. The CAF, which focused on budget mechanism for the Lifeline One method is to determine when supporting different technologies and program. At the same time, recent disbursements are projected to exceed recipients with different funding demand has been considerably lower the overall USF cap and, in that event, amounts, disbursed $4.692 billion in than the authorized budget levels. For to reduce projected universal service 2017, of which approximately $480 example, the Lifeline program disbursed expenditures to stay within the cap. million came from the CAF reserves. approximately $1.263 billion in Another method, given the difference in 6. Schools and Libraries. The schools calendar year 2017 and is on track to some programs between the date of and libraries universal service support spend approximately $1.212 billion in commitments and the date funding is mechanism provides discounts to 2018, compared to budgets of $2.25 disbursed, is to cap the commitments schools and libraries to ensure billion and $2.279 billion in the issued by USAC. The Commission seeks affordable access to high-speed respective years. feedback on the best way to track and broadband and telecommunications make public universal service demand II. Discussion necessary for digital learning. Originally levels to appropriately anticipate capped at its inception at $2.25 billion 9. The Commission believes capping pending USF demand issues. In the in disbursements per funding year, the the Fund overall will strike the event disbursements are projected to Commission began indexing the funding appropriate balance between ensuring exceed the overall cap, the Commission cap to inflation in 2010 to ensure that adequate funding for the universal also seeks comment on the appropriate E-Rate program funding keeps pace with service programs while minimizing the way to reduce expenditures the changing broadband and financial burden on ratepayers and automatically consistent with its telecommunications needs of schools providing predictability for program universal service goals and consistent and libraries. The Commission then participants. Moreover, setting an with the legal imperative to remain increased the cap in funding year 2015 overall cap will enable the Commission within the cap. by $1.5 billion. In funding year 2018, to take a more holistic view when 12. Tracking USF Demand the E-Rate cap was $4.06 billion and considering future changes to the Transparently. A critical function of an demand for actual support was $2.77 universal service programs and their effective cap mechanism is that the billion. impact on overall USF spending. By Commission can track projected 7. Rural Health Care. The Rural explicitly linking the expenditures in demand and to correct potential Health Care (RHC) Program provides multiple USF programs through the overspending before the cap is reached. funding to eligible healthcare providers overall cap, the Commission seeks to As part of its administrative duties, for telecommunications and broadband promote a robust debate on the relative USAC projects demand for all four services necessary for the provision of effectiveness of the programs. The programs each quarter when it health care services. When the Commission seeks comment on calculates the proposed contribution Commission established the RHC establishing an annual combined USF factor. The Commission seeks comment Program in 1997, it capped funding for cap. For example, should the on using this existing mechanism to the program at $400 million per funding Commission set the overall cap at help USAC and the Commission project year. Beginning in 2012, the $11.42 billion, which is the sum of the future disbursements compared to the Commission expanded the RHC authorized budgets for the four overall cap. In particular, the program to include the Healthcare universal service programs in 2018? Commission seeks comment on a Connect Fund Program, after which Should the Commission set it at a process whereby USAC will notify the total RHC program demand began to different amount? The Commission Commission staff if the quarterly steadily increase. In June 2018, the seeks comment on this proposal, as well demand calculation, either alone or in Commission raised the RHC program as other methods for setting the combination with other data, suggests funding cap to $571 million, beginning appropriate level of an annual overall the cap will be exceeded by future in funding year 2017, to address current USF cap. disbursements. USAC may base this and future demand for supported 10. To ensure the overall cap keeps prediction on the size of the quarterly services by health care providers. The pace with inflation, the Commission demand projection when, for example, Commission also adjusted the funding seeks comment on how to adjust the cap the quarterly demand alone exceeds one cap annually for inflation using the over time. The Commission is currently quarter of the overall cap, or when the Gross Domestic Product Chained Price using the GDP–CPI to adjust the E-Rate quarterly data in combination with Index (GDP–CPI), beginning in funding and RHC program caps, as well as the other information suggests an increase year 2018, raising the funding cap to operating expense limitations for rate- in future demand above the cap. The $581 million. In funding year 2016, RHC of-return carriers, and has previously Commission seeks comment on this demand was approximately $556 found it to be more accurate than some idea. USAC also issues commitments in

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some programs long before the funding potential impact on programs. For exceed the overall cap. For instance, is disbursed to recipients. Should the example, how would the Commission should the Commission consider cap mechanism limit the commitments correct a scenario where projected limiting some or all of the automatic USAC makes or should it limit total demand is expected to exceed the cap, inflation increases in the programs? The disbursements? In determining the but actual disbursements do not hit the Commission seeks comment on this idea appropriate period of time over which cap? Or in the alternative, how should and on directing the Wireline to evaluate demand, should the the Commission correct a situation Competition Bureau, which oversees the Commission consider the annual cap where actual commitments or Fund, or the Office of the Managing exceeded over the course of any 12- disbursements exceed the cap, although Director, which currently calculates the month period or should the Commission the forecast did not anticipate an quarterly contribution factor, to carry it evaluate the demand over the course of overage? How would the Commission out. Are there other administrative a calendar year? What about over the handle a temporary or one-time budget changes the Commission should course of a funding year? Given the increase that hits the overall cap during consider that could provide greater differences in administration of the four a specific period? USAC already has flexibility to allow USAC and the USF programs, are there issues with the experience correcting its projections for Commission to address this issue, such timing of commitments and each of the programs when actual as using reserve or carry forward funds disbursements to consider when disbursements differ from its to offset potential spending over the projecting demand? Should any projections. Each quarter, USAC cap? administrative rules for any program(s) typically makes a prior period 18. Second, the Commission seeks be modified to synchronize them and adjustment in one or more of the comment on prioritizing the funding eliminate or mitigate any differences programs to account for actual program among the four universal service that would be problematic to measuring demand and this adjustment affects the programs and other possible universal demand? What about any timing issues demand for the next quarter as well as service pilots or programs if still with respect to the mitigation measures the contribution factor. Would adopting necessary to expenditures where USAC the Commission would take to correct a similar process work to help correct projects that total disbursements will the projected overspending? forecasting errors? How can the exceed the overall cap. Adopting clear 13. The Commission also seeks Commission use USAC’s prior period prioritization rules and evaluating the comment on extending its projections adjustment to adjust for tradeoffs associated with these funding out further than one year to better miscalculations? Would more frequent decisions could make disbursements anticipate potential spending over the forecasting help to mitigate potential more specific and predictable. The cap. Limiting the Commission’s forecasting errors? What other Commission seeks comment on the best forecasting to a single year could be difficulties should the Commission methods for prioritizing funding when insufficient to assess spending levels in anticipate when forecasting demand and faced with projected disbursements future years, and the Commission would disbursements? have a better opportunity to course- 16. Reduction Mechanisms. Next, the exceeding the overall cap. How should correct if it can evaluate demand over a Commission seeks comment on how to the Commission prioritize among the more extended period of time. Should reduce expenditures if USAC projects programs? For instance, should the the Commission also adopt procedures that disbursements will exceed the Commission prioritize based on the to establish a five-year forecast for overall USF cap. First, the Commission cost-effectiveness of each program or the projected program disbursements? The notes that the program rules for each of estimated improper payment rates? Commission seeks comment on this the four universal service programs will Should the Commission instead idea. Is a five-year period appropriate or continue to govern those programs, and prioritize based on the types of services feasible? Should the Commission therefore existing spending constraints to be funded or by rurality of the consider a different period of time? in place would prevent some, but not recipient? The Commission also seeks 14. As a first step towards greater all, of the universal service programs comment on whether to consider limits transparency, the Commission next from exceeding their caps. The overall to any demand reductions. Any seeks comment on making these cap could be exceeded due to rising prioritization will result in less funding forecasts available to the public. USAC demand, or a future Commission available for one of the programs. In this already makes public the quarterly decision to increase funding for a instance, should there be a maximum demand projections and the program or to institute a new USF amount that a program can be reduced, Commission believes providing an program without any corresponding either as a percentage of its annual extended forecast to the public would increase in the overall cap. The budget or a specific dollar amount? assist it in protecting the financial status Commission seeks comment on ideas to Should the Commission instead of the Fund. Alternatively, the reduce expenditures as needed under consider reducing each program’s Commission seeks comment on making each of these scenarios. Should these disbursements by the same amount, these forecasts available to state reductions take place when rather than prioritizing funding among commissions. Sharing this forecast commitments are expected to exceed the the programs? Under such an approach, information would help to further the caps or should they only take place unexpected increases in demand in one Commission’s coordination with state when disbursements are projected to program could affect the funding levels commissions and allow states to exceed the caps? What criteria should of other programs that have not continue to create complementary state be used in prioritizing reductions of one experienced similar unexpected universal support mechanisms. The program against reduction in another? increases in demand. Is this a desirable Commission seeks comment on the best 17. First, the Commission seeks outcome? Should any funding reduction process for making these forecasts comment on directing USAC and mechanism distinguish between available to state commissions or the Commission staff to make increased demand due to natural, and public. administrative changes to reduce the other, disasters and unexpected 15. Additionally, the Commission size or amount of funding available to increases in demand due to other seeks comment on how to address the individual program caps in an factors? How should the Commission forecasting miscalculations and the upcoming year if demand is projected to account for future universal service

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expenditures that the Commission may benefits of the different programs with 24. Under this proposal, both the E- create? In past years, the Commission the costs of increased contributions by Rate and RHC programs would share a has established pilot programs designed ratepayers? The Commission seeks combined total cap of more than $4.64 to test the use of universal service concrete proposals that illustrate how billion in funding year 2018 and as long funding for new purposes and has also program effectiveness would be as total demand for both programs did dedicated discrete amounts of funding measured and how it would affect the not exceed the combined cap, all for emergency purposes. How should allocation of contributions between the funding requests for both programs those pilot program or emergency individual programs. Weighing the costs would be approved. To ensure that each expenditures be prioritized in of increased contributions against the program has a predictable level of comparison to the existing programs for estimated benefits of the programs could support, the Commission also proposes universal service funding? What other allow the Commission to better assess that if demand for either programs were factors should the Commission consider whether funds are allocated efficiently. to meet or exceed their individual when considering how best to prioritize The Commission seeks comment on this program funding caps, each program funding among the programs? idea and encourages commenters to would continue to be subject to its 19. Finally, the Commission seeks include data to support their individual program cap and the existing comment on how to account for conclusions. program rules would apply. For additional duties or obligations that the 22. The Commission also seeks example, if in funding year 2018 Commission might create in other comment on combining the E-Rate and demand for E-Rate support exceeded the proceedings that potentially would RHC program caps. Schools, libraries, E-Rate cap and demand for RHC support cause projected expenditures to exceed and healthcare facilities increasingly also exceeded that program’s existing the cap within the next five years. For offer important community resources cap, E-Rate requests would be example, if the Commission proposes to over their broadband networks. prioritized according to current E-rate create a new USF program or allocate Combining the program caps may be program rules, up to $4.062 billion, and additional funding to a program, that justifiable given that both programs RHC requests would be subject to the action would not occur unless the promote the use of advanced services to proration rules in effect in RHC, up to Commission either: (a) Cuts spending anchor institutions that have similar $581 million. The Commission also elsewhere to keep projected spending needs for high-quality broadband believes that rules pertaining to carrying below the cap or (b) raises the overall services. Additionally, many of these funds forward, inflationary adjustments, cap. The Commission seeks comment on institutions often operate through prioritization, and proration would this idea. consortia for the purpose of simplifying continue to apply within each of the 20. The Commission next seeks applications for program support and individual programs. The Commission comment on possible changes to the lowering the costs for participating seeks comment on this proposal. Is there budget structures of the individual any downside to such a proposal? The universal service programs in order to members. In other USF proceedings, Commission also seeks comment on the establish a maximum level of universal some stakeholders have asked the mechanics of how it would distribute service support that can be disbursed Commission to reexamine the rules to funding under a combined, annually, thus limiting contribution better harmonize the USF program prioritization scheme. burdens and providing predictability to rules. It is reasonable, therefore, to consider combining the caps to create contributors and ratepayers. First, the III. Procedural Matters Commission seeks comment on other additional implementation efficiencies changes to any of the universal service and flexibility. However, is A. Paperwork Reduction Act program rules that would assist the administrative simplicity a sufficient reason to combine the programs under 25. This document does not contain Commission in its efforts to achieve a proposed information collection more holistic and coherent approach to a single cap? Does combining the caps promote efficient use of limited funds if requirements subject to the Paperwork universal service support. For instance, Reduction Act of 1995, Public Law 104– consistent with previously-proposed the effectiveness of the two programs 13. In addition, therefore, it does not rule changes, would self-enforcing caps differ significantly? contain any proposed information on each of the programs provide more 23. The Commission seeks comment collection burden for small business predictability to universal service on the practical effect of combining the concerns with fewer than 25 employees, spending? Are there other changes that E-rate and Rural Health Care budgets. pursuant to the Small Business would better align the four programs to While the E-rate program has been Paperwork Relief Act of 2002, Public reduce duplicative work or simplify the substantially under its cap since its Law 107–198, see 44 U.S.C. 3506(c)(4). administration of the overall cap? budget was increased to approximately 21. Additionally, the Commission $4 billion per year indexed to inflation 26. Regulatory Flexibility Analysis. As seeks comment on how best to balance in 2014, there has been significant required by the Regulatory Flexibility program needs with the contribution pressure on the Rural Health Care Act of 1980, as amended (RFA), the burdens imposed on ratepayers. In budget in recent years, and the Commission has prepared this Initial particular, the Commission requests Commission in 2018 increased the Rural Regulatory Flexibility Analysis (IRFA) information and data related to the Health Care budget to $571 million of the possible significant economic economic efficiency costs associated indexed to inflation. Assuming current impact on a substantial number of small with increasing contributions above trends persist in future years, would a entities from the policies and rules current levels. Estimating the benefits of combined budget that allows support for proposed in this NPRM. The these programs could allow the participants in either program to come Commission requests written public Commission to prioritize them by their from a single fund improve the comment on this IRFA. Comments must cost effectiveness. Are there ways to efficiency with which these programs be identified as responses to the IRFA compare effectiveness across the could disburse funding? Would a and must be filed by the deadlines for programs more holistically in order to combined budget effectively increase comments on the NPRM. The measure program efficiency? How the budget on whichever program is Commission will send a copy of the should the Commission balance the closest to their cap? NPRM, including this IRFA, to the Chief

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Counsel for Advocacy of the Small 31. Programmatic Changes. The final conclusions and taking action in Business Administration (SBA). Commission does not expect that the this proceeding. The proposals and 27. This NPRM seeks comment on a proposed changes will result in questions laid out in the NPRM were proposal to adopt an overall cap on the disruption to the programs or services designed to ensure the Commission has Fund and to combine the caps for the provided by the programs. However, it a complete understanding of the schools and libraries and Rural Health is possible that proposed budget benefits and potential burdens Care programs in an effort to promote reduction mechanisms, if necessary, associated with the different actions and efficiency, fairness, and sustainability. could result in prioritization schemes or methods. This action is taken consistent with the budgetary cuts that could impact 35. Ex Parte Presentations. The Commission’s objective to preserve and program participants, including small proceeding shall be treated as a ‘‘permit- advance universal service, together with businesses. but-disclose’’ proceeding in accordance its obligation to protect against program 32. The RFA requires an agency to with the Commission’s ex parte rules. waste, fraud, and abuse, and to ensure describe any significant alternatives that Persons making ex parte presentations that programs are funded appropriately. it has considered in reaching its must file a copy of any written A cap will limit the overall contribution proposed approach, which may include presentation or a memorandum burden and will provide regulatory and (among others) the following four summarizing any oral presentation financial certainty to both recipients of alternatives: (1) The establishment of within two business days after the and contributors to the Fund, including differing compliance or reporting presentation (unless a different deadline small businesses. requirements or timetables that take into applicable to the Sunshine period 28. The RFA directs agencies to account the resources available to small applies). Persons making oral ex parte provide a description of, and where entities; (2) the clarification, presentations are reminded that feasible, an estimate of the number of consolidation, or simplification of memoranda summarizing the small entities that may be affected by compliance or reporting requirements presentation must (1) list all persons the proposed rules, if adopted. The RFA under the rule for small entities; (3) the attending or otherwise participating in generally defines the term ‘‘small use of performance, rather than design, the meeting at which the ex parte entity’’ as having the same meaning as standards; and (4) an exemption from presentation was made, and (2) the terms ‘‘small business,’’ ‘‘small coverage of the rule, or any part thereof, summarize all data presented and organization,’’ and ‘‘small governmental for small entities. The Commission arguments made during the jurisdiction.’’ In addition, the term expects to consider all of these factors presentation. If the presentation ‘‘small business’’ has the same meaning when it has received substantive consisted in whole or in part of the as the term ‘‘small-business concern’’ comment from the public and presentation of data or arguments under the Small Business Act. A small- potentially affected entities. already reflected in the presenter’s business concern’’ is one which: (1) Is 33. Largely, the proposals in the written comments, memoranda or other independently owned and operated; (2) NPRM, if adopted, would have no filings in the proceeding, the presenter is not dominant in its field of operation; impact on or would reduce the may provide citations to such data or and (3) satisfies any additional criteria economic impact of current regulations arguments in his or her prior comments, established by the Small Business on small entities. Certain proposals in memoranda, or other filings (specifying Administration (SBA). this NPRM could have a positive the relevant page and/or paragraph 29. The NPRM proposes changes to economic impact on small entities; for numbers where such data or arguments the Fund and the four universal service instance, the Commission seeks can be found) in lieu of summarizing support mechanisms in order to comment on some changes to the budget them in the memorandum. Documents promote efficiency, fairness, and structures of the four universal service shown or given to Commission staff sustainability. The proposals in this programs in order to establish a during ex parte meetings are deemed to NPRM are directed at enabling the maximum level of universal service be written ex parte presentations and Commission to meet its goals and support that can be collected. The must be filed consistent with objectives for the Fund, to preserve and Commission expects that this will § 1.1206(b). In proceedings governed by advance universal service, to meet its provide predictability to contributors § 1.49(f) or for which the Commission obligation to protect against Fund waste, and ratepayers, including small entities. has made available a method of and to ensure that the universal service In addition to proposing the budget electronic filing, written ex parte programs are funded appropriately. The changes to the individual USF presentations and memoranda NPRM seeks comment on some programs, the Commission proposes an summarizing oral ex parte potential changes that could increase overall USF budget cap as well as presentations, and all attachments economic burdens on small entities, as reduction mechanisms to correct a thereto, must be filed through the well as some potential changes that scenario when disbursements exceed or electronic comment filing system would decrease economic burdens on are projected to exceed the proposed available for that proceeding, and must small entities. overall USF budget. The Commission be filed in their native format (e.g., .doc, 30. Contributions. Universal Service expects that an overall cap will help to .xml, .ppt, searchable .pdf). Participants support is funded by ratepayers and reduce the contribution burden for all in this proceeding should familiarize continuing to increase Fund contributors, including small themselves with the Commission’s ex expenditures unchecked risks an businesses. In the NPRM, the parte rules. increased burden on consumers, Commission seeks comment on the including small businesses. Capping the burden this change would create for IV. Ordering Clauses Fund at $11.42 billion overall will strike carriers and will factor that into its 36. Accordingly, it is ordered that, the appropriate balance between decision. pursuant to the authority found in ensuring adequate funding for the 34. More generally, the Commission sections 1–5, 201–206, 214, 218–220, universal service programs while expects to consider the economic 251, 252, 254, 256, 303(r), 332, 403, and minimizing the burdens placed on impact on small entities, as identified in 405 of the Communications Act of 1934, ratepayers, including small businesses, comments filed in response to the as amended, 47 U.S.C. 151–155, 201– who contribute to the programs. NPRM and this IRFA, in reaching its 206, 214, 218–220, 251, 252, 254, 256,

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303(r), 403, and 405, this Notice of Federal e-Rulemaking Portal. Go to carry-out is not likely to jeopardize the Proposed Rulemaking is adopted. www.regulations.gov/ continued existence of endangered or Federal Communications Commission. #!docketDetail;D=NOAA-NMFS-2019- threatened species, or destroy or Katura Jackson, 0047, click the ‘‘Comment Now!’’ icon, adversely modify designated critical complete the required fields, and enter habitat. In June 2006, NMFS issued a Federal Register Liaison. or attach your comments. biological opinion (2006 BiOp), in [FR Doc. 2019–12162 Filed 6–12–19; 8:45 am] • Mail: Submit all written comments accordance with section 7 of the ESA, BILLING CODE 6712–01–P to Frank Helies, NMFS Southeast that evaluated the impact of the South Regional Office, 263 13th Avenue Atlantic snapper-grouper fishery on South, St. Petersburg, FL 33701. ESA-listed sea turtles and smalltooth DEPARTMENT OF COMMERCE Instructions: Comments sent by any sawfish. The 2006 BiOp concluded that other method, to any other address or the anticipated incidental take of sea National Oceanic and Atmospheric individual, or received after the end of turtles and smalltooth sawfish by the Administration the comment period, may not be South Atlantic snapper-grouper fishery considered by NMFS. All comments is not likely to jeopardize their 50 CFR Part 622 received are a part of the public record continued existence, or destroy or RIN 0648–BI98 and will generally be posted for public adversely modify designated critical viewing on www.regulations.gov habitat. However, the 2006 BiOp Fisheries of the Caribbean, Gulf of without change. All personal identifying required that within the fishery Mexico, and South Atlantic; Snapper- information (e.g., name, address, etc.), reasonable and prudent measures be Grouper Fishery of the South Atlantic confidential business information, or taken to minimize stress and increase Region; Amendment 42 otherwise sensitive information the survival rates of any sea turtles and AGENCY: National Marine Fisheries submitted voluntarily by the sender will smalltooth sawfish taken in the fishery. Service (NMFS), National Oceanic and be publicly accessible. NMFS will In response to the 2006 BiOp, the Atmospheric Administration (NOAA), accept anonymous comments (enter South Atlantic Council developed Commerce. ‘‘N/A’’ in the required fields if you wish measures in Amendment 15B to the FMP (Amendment 15B) to increase the ACTION: to remain anonymous). Notice of availability (NOA); likelihood of survival of released sea request for comments. Electronic copies of Amendment 42 may be obtained from turtles and smalltooth sawfish caught SUMMARY: The South Atlantic Fishery www.regulations.gov or from the incidentally in the South Atlantic Management Council (South Atlantic Southeast Regional Office website at snapper-grouper fishery. The final rule Council) has submitted Amendment 42 https://www.fisheries.noaa.gov/action/ for Amendment 15B required fishermen to the Fishery Management Plan (FMP) amendment-42-modifications-sea-turtle- on vessels with Federal commercial or for the Snapper-Grouper Fishery of the release-gear-and-framework-procedure- charter vessel/headboat permits for South Atlantic Region for review, snapper-grouper. Amendment 42 South Atlantic snapper-grouper to approval, and implementation by includes a fishery impact statement, a possess a specific set of release gear, and NMFS. If approved by the Secretary of regulatory impact review, and a comply with sea turtle and smalltooth Commerce, Amendment 42 would add Regulatory Flexibility Act (RFA) sawfish handling and release protocols three new devices as options for analysis. and guidelines (74 FR 58902, November fishermen with Federal commercial or 16, 2009). The final rule also required FOR FURTHER INFORMATION CONTACT: those fishermen to maintain a reference charter vessel/headboat permits for Frank Helies, NMFS Southeast Regional South Atlantic snapper-grouper to meet copy of the NMFS sea turtle handling Office, telephone: 727–824–5305; email: and release protocols document titled, existing requirements for sea turtle [email protected]. release gear, and would simplify and ‘‘Careful Release Protocols for Sea SUPPLEMENTARY INFORMATION: The clarify the requirements for other sea Turtle Release with Minimal Injury’’ Magnuson-Stevens Fishery turtle release gear. Amendment 42 (Release Protocols), in the event a sea Conservation and Management Act would also modify the FMP framework turtle is incidentally captured. These (Magnuson-Stevens Act) requires each procedure to allow for future changes to South Atlantic snapper-grouper permit regional fishery management council to release gear and handling requirements holders are also required to post a submit any FMP or FMP amendment to for sea turtles and other protected NMFS placard of sea turtle handling NMFS for review, and approval, partial resources. The purpose of Amendment and release guidelines inside their approval, or disapproval. The 42 is to allow the use of new devices to vessel wheelhouse, or in an easily Magnuson-Stevens Act also requires safely handle and release incidentally viewable area on the vessel if there is no that NMFS, upon receiving an FMP or captured sea turtles, clarify existing wheelhouse. amendment, publish an announcement The required gear for safe sea turtle requirements, and streamline the in the Federal Register notifying the handling and release was initially the process for making changes to the public that the FMP or amendment is same gear as required for vessels using release devices and handling procedures available for review and comment. pelagic longline gear for highly for sea turtles and other protected The Council prepared the FMP being migratory species. However, most effort species. revised by Amendment 42, and if in the snapper-grouper fishery in the DATES: Written comments on approved, Amendment 42 would be South Atlantic occurs on smaller vessels Amendment 42 must be received by implemented by NMFS through using lighter tackle than used when August 12, 2019. regulations at 50 CFR part 622 under the longline fishing for pelagic species. ADDRESSES: You may submit comments authority of the Magnuson-Stevens Act. Subsequent to Amendment 15B, on Amendment 42 identified by Comprehensive Ecosystem-Based ‘‘NOAA–NMFS–2019–0047’’ by either Background Amendment 2 modified sea turtle of the following methods: The Endangered Species Act (ESA) release gear requirements to allow • Electronic Submission: Submit all directs all Federal agencies to ensure smaller vessels to have fewer gear electronic public comments via the that any action they authorize, fund, or requirements than for pelagic longline

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vessels based on the freeboard height of a sea turtle hoist (net). Both of these grade of stainless steel is commonly the snapper-grouper fishing vessel (76 devices are more compact versions of available and is also corrosion resistant. FR 82183, December 30, 2011). the currently required long-handled dip Another required device to assist with Since implementation of Amendment net, and would be used for bringing an removing fishing gear from a sea turtle 15B, the Release Protocols have been incidentally captured sea turtle on is a pair of monofilament line cutters. revised twice, once in 2008, and again board the fishing vessel to remove Current regulations state that the in 2010. NMFS recently published a fishing gear from the sea turtle. For the monofilament line cutters must have 2019 revision to the Release Protocols collapsible hoop net, the net portion is cutting blades of 1-inch (2.5 cm) in that includes the sea turtle release attached to hoops made of flexible length (Appendix F to 50 CFR part 622). devices recently approved by the NMFS stainless steel cable; when the However, SEFSC has clarified that the Southeast Fisheries Science Center collapsible hoop net is folded over on blade length must be a minimum of 1 (SEFSC). Fishermen participating in the itself for storage, its size reduces to inch (2.5 cm) but could be longer. snapper-grouper fishery would be able about half of its original diameter. Another required gear type is mouth to use these new devices to meet sea Additionally, there are two versions of openers and gags, used to hold a sea turtle release gear requirements if they the sea turtle hoist. One version consists turtle’s mouth open to remove fishing are implemented via regulations. of the net portion securely fastened to gear. At least two of the seven types of In 2018, the Gulf of Mexico Fishery a frame, providing a relatively taut mouth openers and gags are required on Management Council took final action platform for the sea turtle to be brought board. Current regulations state that on similar management measures to on board. Another version creates a canine mouth gags, an option for this allow federally permitted fishermen in basket with the frame and net that holds gear requirement, must have the ends the commercial and charter vessel/ the sea turtle as it is brought on board. covered with clear vinyl tubing, friction headboat components of the reef fish Both the collapsible hoop net and the tape, or similar, to pad the surface. fishery to use the newly-approved sea turtle hoist use rope handles However, SEFSC determined that this devices to meet requirements for sea attached to either side of the frame, in was not necessary and could result in turtle release gear. The final rule for place of the rigid handle on the dip net. the canine mouth gags not functioning Amendment 49 to the FMP for Reef Fish Generally, the collapsible hoop net or properly. Amendment 42 would remove Resources in the Gulf of Mexico (Gulf) hoist would be used to bring sea turtles the requirement to cover the ends of the updated those fishery regulations to on board vessels with a high freeboard canine mouth gags with these materials. incorporate the new devices, and when it is not feasible to use a dip net. A life-saving device on a vessel, such simplified and clarified the The third new device is a dehooker as a personal flotation device or life ring requirements for other sea turtle release that can be used to remove an externally buoy, may currently be used as the gear (84 FR 22383, May 17, 2019). If embedded hook from a sea turtle. This required cushion or support device for NMFS implements a proposed rule for device has a squeeze handle that secures sea turtles brought aboard a vessel to Amendment 42, regulations for release the hook into notches at the end of the remove fishing gear. However, gear and handling requirements for sea shaft of the dehooker, so the hook can Amendment 42 would add language to turtles in the Gulf and South Atlantic be twisted out. This new device would clarify that any life-saving device used would be consistent, thereby benefiting provide another option for fishermen to to fulfill the sea turtle safe handling fishermen that fish in both areas. comply with the regulations for a short- requirements cannot also be used to handled dehooker for external hooks. meet U.S. Coast Guard safety Actions Contained in Amendment 42 requirements of one flotation device per Requirements for Existing Sea Turtle Amendment 42 would add three new person on board the vessel. Release Gear sea turtle handling and release devices, Lastly, fishermen are currently clarify the requirements for other Amendment 42 also would also required to maintain a paper copy of the currently required gear, and modify the update the requirements of some Release Protocols on each vessel for FMP framework procedure to include currently approved devices for clarity reference in the event a sea turtle is future changes to release gear and and simplicity, and to aid fishermen incidentally captured. Amendment 42 handling requirements for sea turtles and law enforcement with compliance would allow fishermen to use an and other protected resources. and enforcement efforts. These updates electronic copy of the document to would include more specific fulfill the requirement, as long as the New Sea Turtle Release Gear measurements for sea turtle release gear. electronic document is readily available For vessels with Federal commercial The revisions would provide for either for viewing and reference during a trip. and charter vessel/headboat permits for a minimum size dimension or a size South Atlantic snapper-grouper, range for the short-handled dehookers FMP Framework Procedure Amendment 42 would add three new for external and internal hooks, bite Currently, adding or changing careful devices that have been approved for use block on the short-handled internal use release devices and protocols for by SEFSC to safely handle and release dehooker, long-nose or needle-nose incidentally caught sea turtles and other sea turtles, and provide more options for pliers, bolt cutters, and the block of hard protected species requires an fishermen to fulfill existing wood and hank of rope when used as amendment to the FMP. This limits the requirements. Details for these new mouth openers and gags. Other South Atlantic Council and NMFS’ devices can be found in Amendment 42 proposed changes to the gear ability to implement new release and the Release Protocols. NMFS requirements follow. devices and handling requirements in a expects the proposed new release Current regulations specify that short- timely manner. The FMP amendment devices would increase flexibility for and long-handled dehookers must be and rulemaking process generally fishermen and regulatory compliance constructed of 316L stainless steel, involves more detailed analyses and a within the snapper-grouper fishery, which is resistant to corrosion from salt lengthier timeline prior to which may result in positive benefits to water. The SEFSC has also approved implementation than rulemaking done sea turtles. 304L stainless steel for the construction through a framework procedure. The Two of the new sea turtle handling of all short-handled and long-handled FMP contains a framework procedure to devices are a collapsible hoop net and dehookers. This proposed additional allow the South Atlantic Council to

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modify certain management measures for the public to comment on any future received by August 12, 2019. Comments via an expedited process (see 50 CFR proposed regulatory changes. received during the respective comment periods, whether specifically directed to 622.194). The FMP framework Proposed Rule for Amendment 42 procedure was last modified by the final Amendment 42 or the proposed rule, rule implementing Amendment 27 to A proposed rule that would will be considered by NMFS in the the FMP (78 FR 78770, December 27, implement Amendment 42 has been decision to approve, disapprove, or 2013). drafted. In accordance with the partially approve Amendment 42. Magnuson-Stevens Act, NMFS is Comments received after the comment Amendment 42 would allow changes evaluating the proposed rule to periods will not be considered by NMFS to the sea turtle release gear and determine whether it is consistent with in this decision. All comments received handling techniques under the the FMP, the Magnuson-Stevens Act, by NMFS on the amendment or the framework procedure. For example, the and other applicable laws. If that proposed rule during their respective South Atlantic Council could more determination is affirmative, NMFS will comment periods will be addressed in quickly add a new release device for sea publish the proposed rule in the Federal the final rule. turtles if approved by the SEFSC. The Register for public review and Authority: 16 U.S.C. 1801 et seq. South Atlantic Council decided that comment. making these changes through an Dated: June 10, 2019. expedited process may have beneficial Consideration of Public Comments Alan D. Risenhoover, biological and socio-economic impacts. The Council has submitted Director, Office of Sustainable Fisheries, The South Atlantic Council concluded Amendment 42 for Secretarial review, National Marine Fisheries Service. that the revised framework procedure approval, and implementation. [FR Doc. 2019–12513 Filed 6–12–19; 8:45 am] would still allow adequate opportunity Comments on Amendment 42 must be BILLING CODE 3510–22–P

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Notices Federal Register Vol. 84, No. 114

Thursday, June 13, 2019

This section of the FEDERAL REGISTER An agency may not conduct or 127). The initial legislation included a contains documents other than rules or sponsor a collection of information provision that privatized the NSIIC 10 proposed rules that are applicable to the unless the collection of information years after its ratification. Subsequently, public. Notices of hearings and investigations, displays a currently valid OMB control the NSIIC was privatized on September committee meetings, agency decisions and number and the agency informs 30, 1996. In 2008, the NSIIC was re- rulings, delegations of authority, filing of petitions and applications and agency potential persons who are to respond to established under Title XI of the Food, statements of organization and functions are the collection of information that such Conservation, and Energy Act of 2008 examples of documents appearing in this persons are not required to respond to also known as the 2008 Farm Bill. section. the collection of information unless it Section 11009 of the 2008 Farm Bill displays a currently valid OMB control repealed the requirement in section number. 375(e)(6) of the Act to privatize the DEPARTMENT OF AGRICULTURE NSIIC. The management of the NSIIC is Agricultural Marketing Service vested in a Board of Directors (Board) Submission for OMB Review; Title: Pecans Grown in the States of that is appointed by the Secretary of Comment Request Alabama, Arkansas, Arizona, California, Agriculture. The primary objective of Florida, Georgia, Kansas, Louisiana, June 10, 2019. the NSIIC is to assist U.S. sheep and Missouri, Mississippi, North Carolina, goat industries by strengthening and The Department of Agriculture will New Mexico, Oklahoma, South enhancing the production and submit the following information Carolina, and Texas. marketing of sheep, goats, and their collection requirement(s) to OMB for OMB Control Number: 0581–0291. products in the United States. review and clearance under the Summary of Collection: Under the Need and Use of the Information: Paperwork Reduction Act of 1995, Agricultural Marketing Agreement Act Information is collected using the forms Public Law 104–13 on or after the date of 1937 (7 U.S.C. 601 et seq.; Act), the ‘‘Nominations for Appointments;’’ of publication of this notice. Comments U.S. Department of Agriculture (USDA) ‘‘Background Information, AD–755;’’ are requested regarding: Whether the has authority to promulgate and oversee and ‘‘Nominee’s Agreement to Serve.’’ collection of information is necessary marketing orders to regulate the AMS accepts nominations for for the proper performance of the handling of an agricultural commodity membership on the Board from national functions of the agency, including placed in interstate or foreign organizations that (1) consist primarily whether the information will have commerce. Marketing orders are of active sheep or goat producers in the practical utility; the accuracy of the proposed and voted in by producers and United States and (2) have the primary agency’s estimate of burden including apply to handlers who place the product interest of sheep or goat production in the validity of the methodology and in commercial channels. the United States. The information assumptions used; ways to enhance the Need and Use of the Information: The collection requirements in the request quality, utility and clarity of the rules and regulations authorize USDA are essential to carry out the intent of information to be collected; and ways to and the Council to collect certain the enabling legislation. minimize the burden of the collection of information from producers and Description of Respondents: National information on those who are to handlers on the volume of pecans Organizations consisting primarily of respond, including through the use of moving through their operations and active sheep or goat producers in the appropriate automated, electronic, into commercial channels. Collection of U.S. mechanical, or other technological this information enables the Council to Number of Respondents: 10. collection techniques or other forms of calculate assessments owed by each Frequency of Responses: Reporting: information technology should be handler. Gaining the authority to collect Annually. addressed to: Desk Officer for nationwide data on pecan inventories, Total Burden Hours: 6. Agriculture, Office of Information and shipments and foreign deliveries and Regulatory Affairs, Office of acquisitions was the primary reason the Kimble Brown, Management and Budget (OMB), New U.S. pecan industry approached AMS Departmental Information Collection Executive Office Building, Washington, for a Federal marketing order. Clearance Officer. DC, New Executive Office Building, 725 Description of Respondents: Business [FR Doc. 2019–12485 Filed 6–12–19; 8:45 am] 17th Street NW, Washington, DC 20503. or other for profit. BILLING CODE 3410–02–P Commenters are encouraged to submit Number of Respondents: 2,750. their comments to OMB via email to: Frequency of Responses: Reporting: [email protected] or fax On occasion; Other (when forms are COMMISSION ON CIVIL RIGHTS (202) 395–5806 and to Departmental requested). Clearance Office, USDA, OCIO, Mail Total Burden Hours: 2,931. Notice of Public Meeting of the Wyoming Advisory Committee Stop 7602, Washington, DC 20250– Title: National Sheep Industry 7602. Improvement Center. AGENCY: U.S. Commission on Civil Comments regarding these OMB Control Number: 0581–0263. Rights. information collections are best assured Summary of Collection: The National ACTION: Announcement of meeting. of having their full effect if received by Sheep Industry Improvement Center July 15, 2019. Copies of the (NSIIC) was initially authorized under SUMMARY: Notice is hereby given, submission(s) may be obtained by the Consolidated Farm and Rural pursuant to the provisions of the rules calling (202) 720–8681. Development Act (Act) (Pub. L. 104– and regulations of the U.S. Commission

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on Civil Rights (Commission) and the are directed to the Commission’s expect to incur charges for calls they Federal Advisory Committee Act website, https://www.usccr.gov, or may initiate over wireless lines, and the (FACA) that the meeting of the contact the Regional Programs Unit at Commission will not refund any Wyoming Advisory Committee the above email or street address. incurred charges. Callers will incur no (Committee) to the Commission will be charge for calls they initiate over land- Agenda held at 1:00 p.m. (MDT) Thursday, June line connections to the toll-free 20, 2019. The purpose of this meeting is I. Welcome and Roll Call conference call-in number. for the Committee to continue planning II. Approval of Minutes From May 23, Persons with hearing impairments for their hearing on hate crimes. 2019 Meeting may also follow the discussion by first DATES: Thursday, June 20, 2019 at 1:00 III. Stakeholders To Invite To Provide calling the Federal Relay Service at 1– p.m. MDT. Testimony 800–877–8339 and providing the Public Call Information: Dial: 800– IV. Next Steps operator with the toll-free conference 682–0995, Conference ID: 7350581. V. Public Comment call-in number: 1–888–394–8218 and VI. Adjournment FOR FURTHER INFORMATION CONTACT: Ana conference call ID number: 8310490. Victoria Fortes (DFO) at afortes@ Exceptional Circumstance: Pursuant Members of the public are invited to usccr.gov or (213) 894–3437. to 41 CFR 102–3.150, the notice for this make statements during the open meeting is given less than 15 calendar comment period of the meeting or SUPPLEMENTARY INFORMATION: This days prior to the meeting because of the submit written comments. The written meeting is available to the public exceptional circumstances of the federal comments must be received in the through the following toll-free call-in government shutdown. regional office approximately 30 days number: 800–682–0995, conference ID after each scheduled meeting. Written number: 7350581. Any interested Dated: June 10, 2019. comments may be mailed to the Eastern member of the public may call this David Mussatt, Regional Office, U.S. Commission on number and listen to the meeting. Supervisory Chief, Regional Programs Unit. Civil Rights, 1331 Pennsylvania Callers can expect to incur charges for [FR Doc. 2019–12483 Filed 6–12–19; 8:45 am] Avenue, Suite 1150, Washington, DC calls they initiate over wireless lines, BILLING CODE P 20425, or emailed to Corrine Sanders at and the Commission will not refund any [email protected]. Persons who desire incurred charges. Callers will incur no additional information may contact the charge for calls they initiate over land- COMMISSION ON CIVIL RIGHTS Eastern Regional Office at (202) 376– line connections to the toll-free 7533. telephone number. Persons with hearing Notice of Public Meeting of the Virginia Records and documents discussed impairments may also follow the Advisory Committee during the meeting will be available for proceedings by first calling the Federal AGENCY: Commission on Civil Rights. public viewing as they become available Relay Service at 1–800–877–8339 and ACTION: Announcement of meeting. at: https://www.facadatabase.gov/ providing the Service with the FACA/FACAPublicViewCommittee conference call number and conference SUMMARY: Notice is hereby given, Details?id=a10t0000001gzjXAAQ, click ID number. pursuant to the provisions of the rules the ‘‘Meeting Details’’ and ‘‘Documents’’ Members of the public are entitled to and regulations of the U.S. Commission links. Records generated from this make comments during the open period on Civil Rights (Commission), and the meeting may also be inspected and at the end of the meeting. Members of Federal Advisory Committee Act reproduced at the Eastern Regional the public may also submit written (FACA) that a meeting of the Virginia Office, as they become available, both comments; the comments must be Advisory Committee to the Commission before and after the meetings. Persons received in the Regional Programs Unit will convene by conference call at 12:00 interested in the work of this advisory within 30 days following the meeting. p.m. (EST) on Wednesday, June 19, committee are advised to go to the Written comments may be mailed to the 2019. The purpose of the meeting is Commission’s website, www.usccr.gov, Western Regional Office, U.S. discuss and vote on the Committee’s or to contact the Eastern Regional Office Commission on Civil Rights, 300 North report on hate crimes in Virginia. at the above phone number, email or Los Angeles Street, Suite 2010, Los DATES: Wednesday, June 19, 2019 at street address. Angeles, CA 90012. They may be faxed 12:00 p.m. EST. to the Commission at (213) 894–0508, or Public Call-In Information: Agenda: Wednesday, June 19, 2019 emailed Ana Victoria Fortes at afortes@ Conference call-in number: 1–888–394– I. Rollcall usccr.gov. Persons who desire 8218 and conference call ID number: II. Welcome additional information may contact the 8310490. III. Discuss and Vote on Committee Report Regional Programs Unit at (213) 894– IV. Other Business 3437. FOR FURTHER INFORMATION CONTACT: Ivy V. Next Meeting Records and documents discussed Davis at [email protected] or by phone at VI. Open Comment during the meeting will be available for 202–376–7533. VII. Adjourn public viewing prior to and after the SUPPLEMENTARY INFORMATION: Interested Exceptional Circumstance: Pursuant meetings at https:// members of the public may listen to the to 41 CFR 102–3.150, the notice for this www.facadatabase.gov/FACA/ discussion by calling the following toll- meeting is given less than 15 calendar FACAPublicViewCommittee free conference call-in number: 1–888– days prior to the meeting because of the Details?id=a10t0000001gzliAAA. 394–8218 and conference call ID exceptional circumstances of the federal Please click on ‘‘Committee Meetings’’ number: 8310490. Please be advised that government shutdown. tab. Records generated from these before placing them into the conference meetings may also be inspected and call, the conference call operator will Dated: June 10, 2019. reproduced at the Regional Programs ask callers to provide their names, their David Mussatt, Unit, as they become available, both organizational affiliations (if any), and Supervisory Chief, Regional Programs Unit. before and after the meetings. Persons email addresses (so that callers may be [FR Doc. 2019–12496 Filed 6–12–19; 8:45 am] interested in the work of this Committee notified of future meetings). Callers can BILLING CODE P

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COMMISSION ON CIVIL RIGHTS Regional Office, U.S. Commission on Advisory Committee (Committee) to the Civil Rights, 1331 Pennsylvania Commission will be held at 2:00 p.m. Notice of Public Meeting of the Avenue, Suite 1150, Washington, DC (Pacific Time) Tuesday, July 9, 2019, the Pennsylvania Advisory Committee 20425, or emailed to Corrine Sanders at purpose of meeting is for the Committee [email protected]. Persons who desire to review a draft of their report on AGENCY: Commission on Civil Rights. additional information may phone the policing practices. ACTION: Announcement of meeting. Eastern Regional Office at (202) 376– DATES: The meeting will be held on SUMMARY: Notice is hereby given, 7533. Tuesday, July 9, 2019 at 2:00 p.m. PT. Records and documents discussed pursuant to the provisions of the rules Public Call Information: Dial: 855– during the meeting will be available for and regulations of the U.S. Commission 710–4183, Conference ID: 9604706. public viewing as they become available on Civil Rights (Commission), and the FOR FURTHER INFORMATION CONTACT: Ana at: https://www.facadatabase.gov/ Federal Advisory Committee Act Victoria Fortes (DFO) at afortes@ FACA/FACAPublic (FACA) that a meeting of the usccr.gov or (213) 894–3437. ViewCommitteeDetails Pennsylvania Advisory Committee to SUPPLEMENTARY INFORMATION: This ?id=a10t0000001gzjZAAQ; click the the Commission will convene by meeting is available to the public ‘‘Meeting Details’’ and ‘‘Documents’’ conference call at 11:30 a.m. (EST) on through the following toll-free call-in links. Records generated from this Tuesday, June, 18, 2019. The purpose of number: 855–710–4183, conference ID meeting may also be inspected and the meeting is to discuss plans for the number: 9604706. Any interested reproduced at the Eastern Regional briefing meeting on the Committee’s member of the public may call this Office, as they become available, both project titled, Disparate Discipline of number and listen to the meeting. before and after the meeting. Persons Students of Color, Students with Callers can expect to incur charges for interested in the work of this advisory Disabilities, and LGBTQ Students and to calls they initiate over wireless lines, committee are advised to go to the announce the members to the Planning and the Commission will not refund any Commission’s website, www.usccr.gov, Workgroup. incurred charges. Callers will incur no or to contact the Eastern Regional Office DATES: Tuesday, June 18, 2019, at 11:30 charge for calls they initiate over land- at the above phone number, email or line connections to the toll-free a.m. (EDT). street address. Public Call-In Information: telephone number. Persons with hearing Conference call-in number: 800–949– Agenda: Tuesday, June 18, 2019 impairments may also follow the 2175 and conference call ID number: I. Rollcall proceedings by first calling the Federal 8426059. II. Welcome Relay Service at 1–800–877–8339 and providing the Service with the FOR FURTHER INFORMATION CONTACT: Ivy III. Project Planning —Announce members of the Planning conference call number and conference Davis at [email protected] or by phone at ID number. 202–376–7533. Workgroup —Discuss Plans for the Briefing Members of the public are entitled to SUPPLEMENTARY INFORMATION: Interested Meeting on the Committee’s Civil make comments during the open period members of the public may listen to the Rights Project at the end of the meeting. Members of discussion by calling the following toll- IV. Other Business the public may also submit written free conference call-in number: 800– V. Next Meeting comments; the comments must be 949–2175 and conference call ID VI. Public Comments received in the Regional Programs Unit number: 8426059. Please be advised that VII. Adjourn within 30 days following the meeting. before placing them into the conference Exceptional Circumstance: Pursuant Written comments may be mailed to the call, the conference call operator will to 41 CFR 102–3.150, the notice for this Western Regional Office, U.S. ask callers to provide their names, their meeting is given less than 15 calendar Commission on Civil Rights, 300 North organizational affiliations (if any), and days prior to the meeting because of the Los Angeles Street, Suite 2010, Los email addresses (so that callers may be exceptional circumstances of the federal Angeles, CA 90012. They may be faxed notified of future meetings). Callers can government shutdown. to the Commission at (213) 894–0508, or expect to incur charges for calls they emailed Ana Victoria Fortes at afortes@ Dated: June 10, 2019. initiate over wireless lines, and the usccr.gov. Persons who desire Commission will not refund any David Mussatt, additional information may contact the incurred charges. Callers will incur no Supervisory Chief, Regional Programs Unit. Regional Programs Unit at (213) 894– charge for calls they initiate over land- [FR Doc. 2019–12498 Filed 6–12–19; 8:45 am] 3437. line connections to the toll-free BILLING CODE P Records and documents discussed conference call-in number. during the meeting will be available for Persons with hearing impairments public viewing prior to and after the may also follow the discussion by first COMMISSION ON CIVIL RIGHTS meeting at https:// calling the Federal Relay Service at 1– www.facadatabase.gov/FACA/ Notice of Public Meeting of the Nevada 800–877–8339 and providing the FACAPublicViewCommittee Advisory Committee operator with the toll-free conference Details?id=a10t0000001gzlJAAQ. call-in number: 800–949–2175 and AGENCY: U.S. Commission on Civil Records generated from this meeting conference call ID number: 8426059. Rights. may also be inspected and reproduced Members of the public are invited to ACTION: Announcement of meeting. at the Regional Programs Unit, as they make statements during the Public become available, both before and after Comment section of the meeting or to SUMMARY: Notice is hereby given, the meeting. Persons interested in the submit written comments. The pursuant to the provisions of the rules work of this Committee are directed to statements must be received in the and regulations of the U.S. Commission the Commission’s website, http:// regional office approximately 30 days on Civil Rights (Commission) and the www.usccr.gov, or may contact the after the scheduled meeting. Written Federal Advisory Committee Act Regional Programs Unit at the above comments may be mailed to the Eastern (FACA) that a meeting of the Nevada email or street address.

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Agenda interest in the relief provided by the AD (1) No sulfide inclusions greater than I. Welcome Order with respect to valve spring 5 microns; II. Approval of Minutes for May 30, quality (VSQ) wire rod from Korea. (2) No alumina inclusions greater than 2019 Meeting Commerce provided interested parties 10 microns; III. Review of draft report on policing with an opportunity to comment on our (3) No silicate inclusions greater than practices Preliminary Results. We received no 5 microns; and IV. Public Comment comments on our Preliminary Results. (4) No oxide inclusions greater than V. Next Steps 10 microns. VI. Adjournment Scope of the Order The size of an inclusion is its thickness perpendicular to the axis of Dated: June 10, 2019. The products covered by this AD Order are certain hot-rolled products of rolling. Max-T method is used to David Mussatt, carbon steel and alloy steel, in coils, of measure the maximum thickness of all Supervisory Chief, Regional Programs Unit. approximately round cross section, less inclusions observed in a longitudinal [FR Doc. 2019–12486 Filed 6–12–19; 8:45 am] than 19.00 mm in actual solid cross- cross-sectional sample with a minimum BILLING CODE P sectional diameter. Specifically surface area of 60 mm2, taken at the excluded are steel products possessing bottom of each coil of every heat. the above-noted physical characteristics The products under this AD Order are DEPARTMENT OF COMMERCE and meeting the Harmonized Tariff currently classifiable under subheadings Schedule of the United States (HTSUS) 7213.91.3011, 7213.91.3015, International Trade Administration definitions for (a) stainless steel; (b) tool 7213.91.3020, 7213.91.3093; [A–580–891] steel; (c) high-nickel steel; (d) ball 7213.91.4500, 7213.91.6000, bearing steel; or (e) concrete reinforcing 7213.99.0030, 7227.20.0030, Carbon and Alloy Steel Wire Rod From bars and rods. Also excluded are free 7227.20.0080, 7227.90.6010, the Republic of Korea: Final Results of cutting steel (also known as free 7227.90.6020, 7227.90.6030, and Antidumping Duty Changed machining steel) products (i.e., products 7227.90.6035 of the HTSUS. Products Circumstances Review that contain by weight one or more of entered under subheadings the following elements: 0.1 percent or 7213.99.0090 and 7227.90.6090 of the AGENCY: Enforcement and Compliance, more of lead, 0.05 percent or more of HTSUS also may be included in this International Trade Administration, bismuth, 0.08 percent or more of sulfur, scope if they meet the physical Department of Commerce. more than 0.04 percent of phosphorous, description of subject merchandise SUMMARY: The Department of Commerce more than 0.05 percent of selenium, or above. Although the HTSUS (Commerce) is revoking, in part, the more than 0.01 percent of tellurium). subheadings are provided for antidumping duty order on carbon and All products meeting the physical convenience and customs purposes, the alloy steel wire rod (wire rod) from the description of subject merchandise that written description of the scope of this Republic of Korea (Korea) with respect are not specifically excluded are AD Order is dispositive. to value spring quality (VSQ) wire rod. included in this scope. Final Results of Changed DATES: Applicable June 13, 2019. Also excluded are valve spring quality Circumstances Review FOR FURTHER INFORMATION CONTACT: (VSQ) steel products, which is defined For the reasons stated in the Thomas Dunne, AD/CVD Operations, as wire rod: Preliminary Results, and because we Office VII, Enforcement and (i) Measuring no more than 14 mm in received no comments from interested Compliance, International Trade cross-sectional diameter; parties to the contrary, Commerce Administration, U.S. Department of (ii) Containing by weight the continues to determine that domestic Commerce, 1401 Constitution Avenue following elements in the proportions producers accounting for substantially NW, Washington, DC 20230; telephone shown: all of the production of the domestic 202–482–2328. (1) 0.51 percent to 0.68 percent, like product have no further interest in SUPPLEMENTARY INFORMATION: inclusive, of carbon; (2) Not more than 0.020 percent of the AD Order with respect to VSQ wire Background phosphorus; rod from Korea. As a result of this determination and pursuant to section On March 15, 2019, Commerce (3) Not more than 0.020 percent of 751(d)(1) of the Tariff Act of 1930, as initiated and published the Preliminary sulfur; amended (the Act) and 19 CFR Results,1 determining that domestic (4) Not more than 0.05 percent of 351.222(g), we are revoking, in part, the producers 2 accounting for substantially copper; AD Order with respect to imports of all of the production of the domestic (5) Not more than 70 ppm of nitrogen; VSQ wire rod from Korea. The scope like product to which the antidumping (6) 0.5 percent to 0.8 percent, that appears in Scope of the Order duty order (AD Order) 3 pertains, lacked inclusive, of manganese; (7) Not more than 0.1 percent of section of this notice reflects this 1 See Carbon and Alloy Steel Wire Rod from the nickel; revocation, in part. (8) 1.3 percent to 1.6 percent, Republic of Korea: Initiation and Expedited Instructions to CBP Preliminary Results of Antidumping Duty Changed inclusive, of silicon; Circumstances Review, 84 FR 9491 (March 15, (9) Not more than 0.002 percent of Because we determine that there are 2019) (Preliminary Results). titanium; changed circumstances that warrant the 2 The domestic industry includes Nucor (10) Not more than 0.15 percent of revocation of the AD Order, in part, we Corporation, Optimus Steel LLC, Keystone Consolidated Industries, Inc., and Charter Steel. vanadium; and will instruct U.S. Customs and Border 3 See Carbon and Alloy Steel Wire Rod from Italy, (11) Not more than 20ppm of oxygen Protection to end the suspension of the Republic of Korea, Spain, the Republic of of product; liquidation for the merchandise covered Turkey, and the United Kingdom: Antidumping (iii) Having non-metallic inclusions by the revocation on the effective date Duty Orders and Amended Final Affirmative Antidumping Duty Determinations for Spain and not greater than 15 microns and meeting of this notice of revocation, in part, and the Republic of Turkey, 83 FR 23417 (May 21, 2018) all of the following specific inclusions to release any cash deposit or bond, (AD Order). requirements using the Max-T method: pursuant to 19 CFR 351.222(g)(4).

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Notification Regarding Administrative U.S. Department of Commerce, 1401 events that followed the initiation of Protective Order Constitution Avenue NW, Washington, this review, see the Preliminary 5 This notice serves as the only DC 20230; telephone: (202) 482–5041. Decision Memorandum. The reminder to parties subject to SUPPLEMENTARY INFORMATION: Preliminary Decision Memorandum is a public document and is on file administrative protective order (APO) of Background their responsibility concerning the electronically via Enforcement and disposition of proprietary information On July 6, 2018, based on timely Compliance’s Antidumping and disclosed under APO in accordance requests for review, in accordance with Countervailing Duty Centralized with 19 CFR 351.305(a)(3). Timely 19 CFR 351.221(c)(1)(i), we initiated an Electronic Service System (ACCESS). written notification of return/ antidumping duty administrative review ACCESS is available to registered users 1 destruction of APO materials or on CTL plate from Austria. This review at http://access.trade.gov and to all conversion to judicial protective order is covers two producers/exporters of the parties in the Central Records Unit, hereby requested. Failure to comply subject merchandise: Bohler Edelstahl Room B8024 of the main Department of with the regulations and the terms of an GmbH & Co KG (BEG) and Bohler Commerce building. In addition, a APO is a sanctionable violation. Bleche GmbH & Co KG (BBG), and their complete version of the Preliminary affiliated companies Bohler Decision Memorandum can be accessed Notification to Interested Parties International GmbH (BIG), voestalpine at http://enforcement.trade.gov/frn/. We are issuing and publishing these Grobblech GmbH (Grobblech), and The signed Preliminary Decision final results and revocation, in part, and voestalpine Steel & Service Center Memorandum and the electronic notice in accordance with sections GmbH (SSC) (collectively, voestalpine).2 version of the Preliminary Decision 751(b) and 777(i) of the Act and 19 CFR The POR is November 14, 2016, through Memorandum are identical in content. 351.216, 19 CFR 351.221(c)(3), and 19 April 30, 2018. A list of the topics discussed in the CFR 351.222. Commerce exercised its discretion to Preliminary Decision Memorandum is toll all deadlines affected by the partial Dated: June 6, 2019. attached as an Appendix to this notice. federal government closure from Jeffrey I. Kessler, December 22, 2018, through the Scope of the Order Assistant Secretary for Enforcement and resumption of operations on January 29, The product covered by the scope of Compliance. 2019.3 The revised deadline for the the order is CTL plate from Austria. For [FR Doc. 2019–12501 Filed 6–12–19; 8:45 am] preliminary results of this review was a complete description of the scope, see BILLING CODE 3510–DS–P then March 12, 2019. On March 4, 2019, Preliminary Decision Memorandum. we extended the preliminary results of this review to no later than June 7, Methodology DEPARTMENT OF COMMERCE 2019.4 For a complete description of the Commerce is conducting this review International Trade Administration in accordance with sections 751(a)(1)(B) 1 See Initiation of Antidumping and and (2) of the Tariff Act of 1930, as [A–433–812] Countervailing Duty Administrative Reviews, 83 FR 32270 (July 12, 2018). amended (the Act). Export price and, 2 We preliminarily find that voestalpine Bohler where appropriate, constructed export Certain Carbon and Alloy Steel Cut-to- price is calculated in accordance with Length Plate From Austria: Preliminary Edelstahl GmbH & Co KG (vaBEG), voestalpine Bohler Bleche GmbH & Co KG (vaBBG), and section 772 of the Act. NV is calculated Results of the Antidumping Duty voestalpine High Performance Metals International in accordance with section 773 of the Administrative Review; 2016–2018 GmbH (vaHPMI) are the successors-in-interest to BEG, BBG, and BIG, respectively. Additionally, we Act. For a full description of the AGENCY: Enforcement and Compliance, preliminarily collapsed vaBEG, vaBBG, and their methodology underlying our International Trade Administration, affiliated companies vaHPMI, Grobblech, and SSC conclusions, see the Preliminary Department of Commerce. (collectively, voestalpine). See Memorandum, Decision Memorandum. ‘‘Analysis Memorandum for voestalpine Companies SUMMARY: The Department of Commerce in the Preliminary Results of the 2016/2018 Preliminary Results of the Review (Commerce) preliminarily finds that Administrative Review of the Antidumping Duty sales of certain carbon and alloy steel Order on Certain Carbon and Alloy Steel Cut-to- As a result of this review, Commerce cut-to-length plate (CTL plate) from Length Plate from Austria,’’ dated concurrently preliminarily determines that the with and hereby adopted by this notice Austria have been made below normal following weighted-average dumping (Preliminary Analysis Memorandum). margin exists for the period November value (NV) during the period of review 3 See Memorandum to the Record from Gary 14, 2016, through April 30, 2018: (POR), November 14, 2016, through Taverman, Deputy Assistant Secretary for April 30, 2018. We invite interested Antidumping and Countervailing Duty Operations, parties to comment on these preliminary performing the non-exclusive functions and duties Deadline for Preliminary Results of Antidumping of the Assistant Secretary for Enforcement and Duty Administrative Review; 2016–2018,’’ dated results. Compliance, ‘‘Deadlines Affected by the Partial March 4, 2019. DATES: Applicable June 13, 2019. Shutdown of the Federal Government,’’ dated 5 See Memorandum, ‘‘Decision Memorandum for FOR FURTHER INFORMATION CONTACT: January 28, 2019. All deadlines in this segment of the Preliminary Results of the 2016–2018 the proceeding affected by the partial federal Administrative Review of the Antidumping Duty Preston Cox, AD/CVD Operations, government closure have been extended by 40 days. Order on Certain Carbon and Alloy Steel Cut-To- Office VI, Enforcement and Compliance, 4 See Memorandum, ‘‘Certain Carbon and Alloy Length Plate from Austria,’’ dated concurrently International Trade Administration, Steel Cut-to-Length Plate from Austria: Extension of with and hereby adopted by this notice.

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Weighted- average Exporter/manufacturer dumping margin (percent)

voestalpine Bohler Edelstahl GmbH & Co KG, voestalpine Bohler Bleche GmbH & Co KG, voestalpine High Performance Metals International GmbH, voestalpine Grobblech GmbH, voestalpine Steel & Service Center GmbH ...... 51.48

Disclosure and Public Comment include the results of our analysis of all be the all-others rate of 28.57 percent Commerce will disclose to parties to issues raised in the case briefs, within from the investigation. These cash the proceeding any calculations 120 days of publication of these deposit requirements, when imposed, performed in connection with these preliminary results in the Federal shall remain in effect until further preliminary results of review within five Register, pursuant to section notice. 751(a)(3)(A) of the Act. days after the date of publication of this Notification to Importers notice.6 Interested parties may submit Assessment Rates case briefs not later than 30 days after This notice also serves as a reminder Upon completion of the the date of publication of this notice in to importers of their responsibility administrative review, Commerce shall the Federal Register.7 Rebuttal briefs, under 19 CFR 351.402(f)(2) to file a determine, and U.S. Customs and limited to issues raised in the case certificate regarding the reimbursement Border Protection (CBP) shall assess, briefs, may be filed no later than five of antidumping duties prior to antidumping duties on all appropriate days after the deadline for filing case liquidation of the relevant entries entries covered by this review.14 The briefs.8 Parties who submit case or during this review period. Failure to final results of this review shall be the rebuttal briefs in this proceeding are comply with this requirement could basis for the assessment of antidumping requested to submit with each result in Commerce’s presumption that duties on entries of merchandise argument: (1) A statement of the issue; reimbursement of antidumping duties covered by the final results of this (2) a brief summary of the argument; occurred and the subsequent assessment review and for future deposits of and (3) a table of authorities.9 Case and of double antidumping duties. estimated duties, where applicable.15 rebuttal briefs should be filed using We intend to issue instructions to CBP Notification to Interested Parties ACCESS.10 15 days after the publication date of the Interested parties who wish to request We are issuing and publishing this final results of this review. a hearing must submit a written request notice in accordance with sections to the Assistant Secretary for Cash Deposit Requirements 751(a)(1) and 777(i)(1) of the Act and Enforcement and Compliance within 30 The following cash deposit sections 19 CFR 351.213(h)(1) and days of the date of publication of this 351.221(b)(4). 11 requirements will be effective upon notice. Requests should contain: (1) publication of the final results of this Dated: June 10, 2019. The party’s name, address and administrative review for all shipments Jeffrey I. Kessler, telephone number; (2) the number of of the subject merchandise entered, or participants; and (3) a list of issues Assistant Secretary for Antidumping and withdrawn from warehouse, for Countervailing Duty Operations. parties intend to discuss. Issues raised consumption on or after the publication in the hearing will be limited to those date of the final results of this Appendix raised in the respective case and 12 administrative review, as provided by List of Topics Discussed in the Preliminary rebuttal briefs. If a request for a section 751(a)(2)(C) of the Act: (1) The Decision Memorandum hearing is made, Commerce intends to cash deposit rate for voestalpine will be hold the hearing at the U.S. Department I. Summary equal to the weighted-average dumping II. Background of Commerce, 1401 Constitution Avenue margin established in the final results of III. Scope of the Order NW, Washington, DC 20230, at a date IV. Successor-in-Interest 13 this administrative review, except if the and time to be determined. Parties rate is zero or de minimis within the V. Affiliation and Collapsing of Affiliates should confirm by telephone the date, meaning of 19 CFR 351.106(c)(1), in VI. Discussion of the Methodology time, and location of the hearing two which case the cash deposit rate will be A. Comparisons to Normal Value days before the scheduled date. zero; (2) for previously reviewed or B. Determination of Comparison Method Parties are reminded that briefs and C. Results of the Differential Pricing investigated companies not listed above, hearing requests are to be filed Analysis the cash deposit rate will continue to be electronically using ACCESS and that VII. Product Comparisons the company-specific rate published for electronically filed documents must be VIII. Date of Sale the most recently completed segment of received successfully in their entirety by IX. Export Price and Constructed Export this proceeding in which they were Price 5:00 p.m. Eastern Time on the due date. reviewed; (3) if the exporter is not a firm X. Normal Value Unless extended, Commerce intends covered in this review, a prior review, A. Home Market Viability and Selection of to issue the final results of this or in the investigation but the producer Comparison Market administrative review, which will is, the cash deposit rate will be the rate B. Affiliated Party Transactions and Arm’s- established for the most recently Length Test 6 See 19 CFR 351.224(b). C. Level of Trade 7 See 19 CFR 351.309(c)(1)(ii). completed segment of this proceeding D. Cost of Production Analysis 8 See 19 CFR 351.309(d)(1). for the producer of the merchandise; 1. Calculation of Cost of Production 9 See 19 CFR 351.309(c)(2) and (d)(2). and (4) the cash deposit rate for all other 2. Test of Comparison Market Sales Prices 10 See 19 CFR 351.303. producers or exporters will continue to 3. Results of the COP Test 11 See 19 CFR 351.310(c). E. Calculation of Normal Value Based on 12 See 19 CFR 351.310(c). 14 See 19 CFR 351.212(b). Comparison Market Prices 13 See 19 CFR 351.310(d). 15 See section 751(a)(2)(C) of the Act. XI. Currency Conversion

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XII. Recommendation DEPARTMENT OF COMMERCE Commerce fully extended the deadline [FR Doc. 2019–12499 Filed 6–12–19; 8:45 am] for the preliminary results.4 The revised International Trade Administration BILLING CODE 3510–DS–P deadline for the preliminary results of [A–570–831] this review is now June 7, 2019. Scope of the Order DEPARTMENT OF COMMERCE Fresh Garlic From the People’s Republic of China: Preliminary Results The merchandise covered by this International Trade Administration of the Antidumping Duty New Shipper order is all grades of garlic, whether Review whole or separated into constituent Amendment to the Clean Energy and cloves.5 The subject merchandise is Zero Emission Vehicle Technologies AGENCY: Enforcement and Compliance, currently classifiable under the Trade Mission to Mexico November International Trade Administration, Harmonized Tariff Schedule of the 17–22, 2019 Department of Commerce. United States (‘‘HTSUS’’) subheadings: SUMMARY: The Department of Commerce 0703.20.0000, 0703.20.0005, AGENCY: International Trade (Commerce) is conducting a new 0703.20.0010, 0703.20.0015, Administration, U.S. Department of shipper review of Jinxiang Infang Fruit 0703.20.0020, 0703.20.0090, Commerce. & Vegetable Co., Ltd. (Infang) regarding 0710.80.7060, 0710.80.9750, the antidumping duty order on fresh 0711.90.6000, 0711.90.6500, ACTION: Notice. garlic from the People’s Republic of 2005.90.9500, 2005.90.9700, and China (China). The period of review 2005.99.9700. A full description of the SUMMARY: The United States Department (POR) is November 1, 2017, through scope of the order is contained in the of Commerce, International Trade May 31, 2018. We have preliminarily Preliminary Decision Memorandum. Administration, is amending the Notice determined that Infang’s sale was a bona Although the HTSUS subheadings are published in April 9, 2019, regarding fide transaction, and that the sale was provided for convenience and customs the Clean Energy and Zero Emission made below normal value (NV). purposes, the written product Vehicle Technologies Trade Mission to Interested parties are invited to description is dispositive. comment on these preliminary results. Mexico November 17–22, to modify the Separate Rate participation fee for the trade mission DATES: Applicable June 13, 2019. and the timeframe for recruitment and FOR FURTHER INFORMATION CONTACT: Alex Commerce preliminarily determines application. The participation fee for the Cipolla, AD/CVD Operations, Office VII, that Infang is eligible to receive a 6 Business Development Mission will be Enforcement and Compliance, separate rate in this review. $4,000.00 for SME and $5,500.00 for International Trade Administration, Methodology large firms. Recruitment for the mission U.S. Department of Commerce, 1401 Commerce is conducting this review will conclude no later than August 9, Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4956. in accordance with section 751(a)(2)(B) 2019. Applications received after of the Tariff Act of 1930, as amended SUPPLEMENTARY INFORMATION: August 9, 2019, will be considered only (the Act), and 19 CFR 351.214. if space and scheduling constraints Background Commerce calculated export price in permit. On July 9, 2018, at the request of accordance with section 772(c) of the FOR FURTHER INFORMATION CONTACT: Infang, Commerce published a notice of Act. Because China is a non-market initiation of a semiannual new shipper economy country within the meaning of Braeden Young, Commercial Officer, section 771(18) of the Act, Commerce U.S. Embassy-Mexico, U.S. review of fresh garlic from China for the period November 1, 2017, through May calculated normal value in accordance Department of Commerce, Tel: 55– 31, 2018.1 On December 18, 2018, we with section 773(c) of the Act. 5080–2182, Braeden.Young@ extended the deadline for the For a full description of the trade.gov. preliminary results to April 26, 2019.2 methodology underlying our Claudia Salgado, Commercial Specialist, Commerce exercised its discretion to conclusions, see the Preliminary U.S. Embassy-Mexico, U.S. toll all deadlines affected by the partial Decision Memorandum. The Department of Commerce, Tel: 55– federal government closure from Preliminary Decision Memorandum is a 5080–2000, x5224, Claudia.Salgado@ December 22, 2018, through the public document and is made available trade.gov. resumption of operations on January 29, to the public electronically via 2019.3 Accordingly, the revised Enforcement and Compliance’s Monica Martinez, Commercial Antidumping and Countervailing Duty Specialist, U.S. Embassy-Mexico, U.S. deadline for the preliminary results was June 5, 2019. On June 5, 2019, Centralized Electronic Service System Department of Commerce, Tel: 55– (ACCESS). ACCESS is available to 5080–2000, x 5218, 1 See Fresh Garlic from the People’s Republic of registered users at https:// [email protected]. China: Initiation of Semiannual Antidumping Duty New Shipper Review; 2017–2018, 83 FR 31734 (July 4 See Memorandum, ‘‘Fresh Garlic from the SUPPLEMENTARY INFORMATION: 9, 2018); see also Infang’s Letter, ‘‘Fresh Garlic from People’s Republic of China—Semiannual Amendments to revise the selection the People’s Republic of China—Request for a New Antidumping Duty New Shipper Review (2017– process. Shipper Review,’’ dated May 23, 2018. 2018): Extension of Deadline for the Preliminary 2 See Memorandum, ‘‘Fresh Garlic from the Results,’’ dated June 5, 2019. Tiara Hampton-Diggs, People’s Republic of China—Semiannual 5 See Memorandum, ‘‘Decision Memorandum for Antidumping Duty New Shipper Review (2017– the Preliminary Results of the Semiannual 2017– Program Specialist, Trade Promotion 2018): Extension of Deadline for the Preliminary 2018 Antidumping Duty New Shipper Review: Programs. Results,’’ dated December 18, 2018. Fresh Garlic from the People’s Republic of China,’’ [FR Doc. 2019–11198 Filed 6–12–19; 8:45 am] 3 See Memorandum, ‘‘Deadlines Affected by the dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum), BILLING CODE 3510–DR–P Partial Shutdown of the Federal Government,’’ dated January 28, 2019. All deadlines in this for a complete description of the Scope of the segment of the proceeding have been extended by Order. 40 days. 6 See Preliminary Decision Memorandum at 5–6.

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access.trade.gov and in Commerce’s the electronic versions of the Preliminary Results of New Shipper Central Records Unit, Room B8024 of Preliminary Decision Memorandum are Review the main Department of Commerce identical in content. A list of the topics As a result of the new shipper review, building. In addition, a complete discussed in the Preliminary Decision Commerce preliminarily determines version of the Preliminary Decision Memorandum is attached as an that the following weighted-average Memorandum can be accessed directly Appendix to this notice. dumping margin exists for the new on the internet at http:// shipper review covering the period enforcement.trade.gov/frn/. The signed November 1, 2017, through May 31, Preliminary Decision Memorandum and 2018:

Weighted- average margin Producer/exporter (dollars per kilogram)

Producer: Jinxiang Excelink Foodstuffs Co., Ltd.; Exporter: Jinxiang Infang Fruit & Vegetable Co., Ltd...... 4.31

Disclosure and Public Comment comments, within 90 days of Excelink Foodstuffs Co., Ltd., but not Commerce intends to disclose the publication of these preliminary results, exported by Infang, the cash deposit rate analysis performed for these pursuant to section 751(a)(2)(B)(iii) of will be the rate applicable to the preliminary results to interested parties the Act and 19 CFR 351.214(i)(1). exporter. These deposit requirements, when imposed, shall remain in effect within five days of the date of Assessment Rates publication of this notice in accordance until further notice. Upon completion of the final results, with 19 CFR 351.224(b). Case briefs or Verification other written comments may be pursuant to 19 CFR 351.212(b), submitted no later seven days after the Commerce will determine, and the U.S. Consistent with section 782(i) of the date on which the verification report is Customs and Border Protection (CBP) Act and 19 CFR 351.307(b)(1)(iv), we issued. Rebuttal briefs, limited to issues shall assess, antidumping duties on all intend to verify the information raised in case briefs, may be submitted appropriate entries. If Infang’s weighted- provided by Infang in the new shipper no later than five days after the deadline average dumping margin is above de review using standard verification date for case briefs.7 Pursuant to 19 CFR minimis (i.e., 0.50 percent) in the final procedures, including on-site inspection 351.309(c)(2) and (d)(2), parties who results of this new shipper review, of the producer’s and exporter’s submit case briefs or rebuttal briefs in Commerce intends to calculate an facilities, and examination of relevant this proceeding are encouraged to importer-specific assessment rate on the sales and financial records. Any submit with each argument: (1) A basis of the ratio of the total amount of verification results will be outlined in statement of the issues; (2) a brief dumping calculated for each importer’s the verification report for Infang after summary of the arguments; and (3) a examined sales and, where possible, the completion of the verification. total entered value of sales in table of authorities. Any electronically Notification to Importers filed document must be received accordance with 19 CFR 351.212(b)(1). successfully in its entirely by Where an importer- (or customer-) This notice serves as a preliminary Commerce’s electronic records system, specific ad valorem rate is zero or de reminder to importers of their ACCESS, by the date and time it is due. minimis, we will instruct CBP to responsibility under 19 CFR Any interested party may request a liquidate appropriate entries without 351.402(f)(2) to file a certificate 10 hearing within 30 days of publication of regard to antidumping duties. regarding the reimbursement of 8 antidumping duties prior to liquidation this notice. Hearing requests should Cash Deposit Requirements contain the following information: (1) of the relevant entries during this POR. The party’s name, address, and With regard to Infang, the respondent Failure to comply with this requirement telephone number; (2) the number of in this new shipper review, the could result in Commerce’s participants; and (3) a list of the issues following cash deposit requirements presumption that reimbursement of to be discussed. Oral presentations will will be effective upon publication of the antidumping duties occurred and the be limited to issues raised in the briefs. final results of this new shipper review subsequent assessment of double If a request for a hearing is made, (1) for subject merchandise produced antidumping duties. Commerce intends to notify parties of and exported by the producer and exporter combination listed in the Notification Regarding Administrative the time and date for the hearing to be Protective Order held at the U.S. Department of ‘‘Preliminary Results of New Shipper Commerce, 1401 Constitution Avenue Review’’ section above, the cash deposit This notice also serves as a reminder NW, Washington, DC 20230.9 rate will be that established in the final to parties subject to administrative Unless the deadline is extended, results of this new shipper review; (2) protective order (APO) of their Commerce intends to issue the final for subject merchandise exported by responsibility concerning the results of this new shipper review, Infang, but not produced by Jinxiang disposition of proprietary information which will include the results of its Excelink Foodstuffs Co., Ltd., the cash disclosed under APO in accordance analysis of issues raised in any such deposit rate will be the rate for the with 19 CFR 351.305(a)(3). Timely China-wide entity; and (3) for subject written notification of the return or 7 See 19 CFR 351.309(c)–(d). merchandise produced by Jinxiang destruction of APO materials or 8 See 19 CFR 351.310(c). conversion to judicial protective order is 9 See 19 CFR 351.310(d). 10 See 19 CFR 351.106(c)(2). hereby requested. Failure to comply

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with the regulations and the terms of an Background general, Commerce has found that APO is a sanctionable violation. Commerce has received timely determinations concerning whether particular companies should be Notification to Interested Parties requests, in accordance with 19 CFR 351.213(b), for administrative reviews of ‘‘collapsed’’ (e.g., treated as a single We are issuing and publishing these various antidumping and countervailing entity for purposes of calculating preliminary results of this new shipper duty orders and findings with April antidumping duty rates) require a review in accordance with sections anniversary dates. substantial amount of detailed 751(a)(2)(b) and 777(i) of the Act, and 19 All deadlines for the submission of information and analysis, which often CFR 351.214 and 351.221(b)(4). various types of information, require follow-up questions and Dated: June 7, 2019. certifications, or comments or actions by analysis. Accordingly, Commerce will Commerce discussed below refer to the not conduct collapsing analyses at the Jeffrey I. Kessler, respondent selection phase of this Assistant Secretary for Enforcement and number of calendar days from the applicable starting time. review and will not collapse companies Compliance. at the respondent selection phase unless Appendix Notice of No Sales there has been a determination to collapse certain companies in a List of Topics Discussed in the Preliminary If a producer or exporter named in Decision Memorandum this notice of initiation had no exports, previous segment of this antidumping sales, or entries during the period of proceeding (e.g., investigation, I. Summary administrative review, new shipper II. Background review (POR), it must notify Commerce III. Scope of the Order within 30 days of publication of this review or changed circumstances IV. Discussion of Methodology notice in the Federal Register. All review). For any company subject to this A. Bona Fides Analysis submissions must be filed electronically review, if Commerce determined, or B. Non-Market Economy Status at http://access.trade.gov in accordance continued to treat, that company as C. Separate Rate Determination with 19 CFR 351.303.1 Such collapsed with others, Commerce will D. Surrogate Country and Surrogate Value submissions are subject to verification assume that such companies continue to Data in accordance with section 782(i) of the operate in the same manner and will E. Surrogate Country Analysis collapse them for respondent selection F. Surrogate Country Selection Tariff Act of 1930, as amended (the Act). Further, in accordance with 19 CFR purposes. Otherwise, Commerce will G. Date of Sale not collapse companies for purposes of H. Comparisons to Normal Value 351.303(f)(1)(i), a copy must be served I. Export Price on every party on Commerce’s service respondent selection. Parties are J. Value-Added Tax list. requested to (a) identify which K. Normal Value companies subject to review previously L. Surrogate Values Respondent Selection were collapsed, and (b) provide a M. Currency Conversion In the event Commerce limits the citation to the proceeding in which they V. Recommendation number of respondents for individual were collapsed. Further, if companies [FR Doc. 2019–12495 Filed 6–12–19; 8:45 am] examination for administrative reviews are requested to complete the Quantity BILLING CODE 3510–DS–P initiated pursuant to requests made for and Value (Q&V) Questionnaire for the orders identified below, Commerce purposes of respondent selection, in intends to select respondents based on general each company must report DEPARTMENT OF COMMERCE U.S. Customs and Border Protection volume and value data separately for (CBP) data for U.S. imports during the itself. Parties should not include data International Trade Administration POR. We intend to place the CBP data for any other party, even if they believe they should be treated as a single entity Initiation of Antidumping and on the record within five days of publication of the initiation notice and with that other party. If a company was Countervailing Duty Administrative collapsed with another company or Reviews to make our decision regarding respondent selection within 30 days of companies in the most recently completed segment of this proceeding AGENCY: Enforcement and Compliance, publication of the initiation Federal where Commerce considered collapsing International Trade Administration, Register notice. Comments regarding the that entity, complete Q&V data for that Department of Commerce. CBP data and respondent selection collapsed entity must be submitted. SUMMARY: The Department of Commerce should be submitted within seven days (Commerce) has received requests to after the placement of the CBP data on Deadline for Withdrawal of Request for conduct administrative reviews of the record of this review. Parties Administrative Review wishing to submit rebuttal comments various antidumping and countervailing Pursuant to 19 CFR 351.213(d)(1), a should submit those comments within duty orders and findings with April party that has requested a review may five days after the deadline for the anniversary dates. In accordance with withdraw that request within 90 days of initial comments. Commerce’s regulations, we are the date of publication of the notice of In the event Commerce decides it is initiating those administrative reviews. initiation of the requested review. The necessary to limit individual regulation provides that Commerce may DATES: Applicable June 13, 2019. examination of respondents and extend this time if it is reasonable to do FOR FURTHER INFORMATION CONTACT: conduct respondent selection under so. Determinations by Commerce to Brenda E. Brown, Office of AD/CVD section 777A(c)(2) of the Act, the extend the 90-day deadline will be Operations, Customs Liaison Unit, following guidelines regarding made on a case-by-case basis. Enforcement and Compliance, collapsing of companies for purposes of International Trade Administration, respondent selection will apply. In Deadline for Particular Market U.S. Department of Commerce, 1401 Situation Allegation 1 Constitution Avenue NW, Washington, See Antidumping and Countervailing Duty Section 504 of the Trade Preferences DC 20230, telephone: (202) 482–4735. Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR Extension Act of 2015 amended the Act SUPPLEMENTARY INFORMATION: 39263 (July 6, 2011). by adding the concept of particular

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market situation (PMS) for purposes of sufficiently independent so as to be Separate Rate Application to constructed value under section 773(e) entitled to a separate rate. demonstrate eligibility for a separate of the Act.2 Section 773(e) of the Act To establish whether a firm is rate in this proceeding. In addition, states that ‘‘if a particular market sufficiently independent from companies that received a separate rate situation exists such that the cost of government control of its export in a completed segment of the materials and fabrication or other activities to be entitled to a separate proceeding that have subsequently processing of any kind does not rate, Commerce analyzes each entity made changes, including, but not accurately reflect the cost of production exporting the subject merchandise. In limited to, changes to corporate in the ordinary course of trade, the accordance with the separate rates structure, acquisitions of new administering authority may use criteria, Commerce assigns separate companies or facilities, or changes to another calculation methodology under rates to companies in NME cases only their official company name,4 should this subtitle or any other calculation if respondents can demonstrate the timely file a Separate Rate Application methodology.’’ When an interested absence of both de jure and de facto to demonstrate eligibility for a separate party submits a PMS allegation pursuant government control over export rate in this proceeding. The Separate to section 773(e) of the Act, Commerce activities. Rate Status Application will be will respond to such a submission All firms listed below that wish to available on Commerce’s website at consistent with 19 CFR 351.301(c)(2)(v). qualify for separate rate status in the http://enforcement.trade.gov/nme/nme- If Commerce finds that a PMS exists administrative reviews involving NME sep-rate.html on the date of publication under section 773(e) of the Act, then it countries must complete, as of this Federal Register notice. In will modify its dumping calculations appropriate, either a separate rate responding to the Separate Rate Status appropriately. application or certification, as described Application, refer to the instructions Neither section 773(e) of the Act nor below. For these administrative reviews, contained in the application. Separate 19 CFR 351.301(c)(2)(v) set a deadline in order to demonstrate separate rate Rate Status Applications are due to for the submission of PMS allegations eligibility, Commerce requires entities Commerce no later than 30 calendar and supporting factual information. for whom a review was requested, that days of publication of this Federal However, in order to administer section were assigned a separate rate in the Register notice. The deadline and 773(e) of the Act, Commerce must most recent segment of this proceeding requirement for submitting a Separate receive PMS allegations and supporting in which they participated, to certify Rate Status Application applies equally factual information with enough time to that they continue to meet the criteria to NME-owned firms, wholly foreign- consider the submission. Thus, should for obtaining a separate rate. The owned firms, and foreign sellers that an interested party wish to submit a Separate Rate Certification form will be purchase and export subject PMS allegation and supporting new available on Commerce’s website at merchandise to the United States. factual information pursuant to section http://enforcement.trade.gov/nme/nme- For exporters and producers who 773(e) of the Act, it must do so no later sep-rate.html on the date of publication submit a separate-rate status application than 20 days after submission of initial of this Federal Register notice. In or certification and subsequently are responses to section D of the responding to the certification, please selected as mandatory respondents, questionnaire. follow the ‘‘Instructions for Filing the Certification’’ in the Separate Rate these exporters and producers will no Separate Rates Certification. Separate Rate longer be eligible for separate rate status In proceedings involving non-market Certifications are due to Commerce no unless they respond to all parts of the economy (NME) countries, Commerce later than 30 calendar days after questionnaire as mandatory begins with a rebuttable presumption publication of this Federal Register respondents. that all companies within the country notice. The deadline and requirement Initiation of Reviews are subject to government control and, for submitting a Certification applies thus, should be assigned a single equally to NME-owned firms, wholly In accordance with 19 CFR antidumping duty deposit rate. It is foreign-owned firms, and foreign sellers 351.221(c)(1)(i), we are initiating Commerce’s policy to assign all who purchase and export subject administrative reviews of the following exporters of merchandise subject to an merchandise to the United States. antidumping and countervailing duty administrative review in an NME Entities that currently do not have a orders and findings. We intend to issue country this single rate unless an separate rate from a completed segment the final results of these reviews not exporter can demonstrate that it is of the proceeding 3 should timely file a later than April 30, 2020.

Period to be reviewed

Antidumping Duty Proceedings ARGENTINA: Biodiesel, A–357–820 ...... 10/31/17–3/31/19 Aceitera General Deheza S.A. Bio Nogoya S.A. Bunge Argentina S.A. Ca´mara Argentina de Biocombustibles Cargill S.A.C.I. COFCO Argentina S.A. Explora GEFCO Argentina

2 See Trade Preferences Extension Act of 2015, currently incomplete segment of the proceeding 4 Only changes to the official company name, Public Law 114–27, 129 Stat. 362 (2015). (e.g., an ongoing administrative review, new rather than trade names, need to be addressed via 3 Such entities include entities that have not shipper review, etc.) and entities that lost their a Separate Rate Application. Information regarding separate rate in the most recently completed participated in the proceeding, entities that were new trade names may be submitted via a Separate segment of the proceeding in which they Rate Certification. preliminarily granted a separate rate in any participated.

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Period to be reviewed

LDC Argentina S.A. Molinos Agro S.A. Noble Argentina Oleaginosa Moreno Hermanos S.A. Patagonia Bioenergia Renova S.A. T6 Industrial SA (EcoFuel) Unitec Bio S.A. Vicentin S.A.I.C. Viluco S.A. INDONESIA: Biodiesel, A–560–830 ...... 10/31/17–3/31/19 PT. Cermerlang Energi Perkasa (CEP) PT. Ciliandra Perkasa PT. Musim Mas, Medan (aka PT. Musim Mas) PT. Pelita Agung Agrindustri Wilmar International Ltd. (aka Wilmar Trading PTE Ltd.) REPUBLIC OF KOREA: Phosphor Copper, A–580–885 ...... 4/1/18–3/31/19 Bongsan Co., Ltd. THE PEOPLE’S REPUBLIC OF CHINA: Aluminum Foil, A–570–053 ...... 11/2/17–3/31/19 Alcha International Holdings Limited Baotou Alcha Aluminum Co., Ltd. Dingsheng Aluminum Industries (Hong Kong) Trading Co., Ltd. Granges Aluminum (Shanghai) Co., Ltd. Guangxi Baise Xinghe Aluminum Industry Co., Ltd. Hangzhou Dingsheng Import & Export Co. Ltd Hangzhou Five Star Aluminum Co., Ltd. Hangzhou Teemful Aluminum Co., Ltd. Huafon Nikkei Aluminium Corporation Hunan Suntown Marketing Limited Jiangsu Alcha Aluminum Co., Ltd. Jiangsu Dingsheng New Materials Joint-Stock Co., Ltd. Jiangsu Huafeng Aluminum Industry Co., Ltd. Jiangsu Zhongji Lamination Materials Co., (HK) Ltd. Jiangsu Zhongji Lamination Materials Co., Ltd. Jiangsu Zhongji Lamination Materials Stock Co., Ltd. Jiangyin Dolphin Pack Ltd. Co. Luoyang Longding Aluminium Industries Co., Ltd. Shandong Yuanrui Metal Material Co., Ltd. Shanghai Shenyan Packaging Materials Co., Ltd. SNTO International Trade Limited Suntown Technology Group Limited Suzhou Manakin Aluminum Processing Technology Co., Ltd. Walson (HK) Trading Co., Limited Xiamen Xiashun Aluminium Foil Co., Ltd. Yantai Donghai Aluminum Foil Co., Ltd. Yantai Jintai International Trade Co., Ltd. Yinbang Clad Material Co., Ltd. Zhejiang Zhongjin Aluminum Industry Co., Ltd. THE PEOPLE’S REPUBLIC OF CHINA: Certain Activated Carbon, A–570–904 ...... 4/1/18–3/31/19 AM Global Shipping Lines Co., Ltd. Apex Maritime (Tianjin) Co., Ltd. Beijing Pacific Activated Carbon Products Co., Ltd. Beijing Kang Jie Kong International Cargo Agent Co Ltd. Bengbu Modern Environmental Co., Ltd. Brilliant Logistics Group Inc. Carbon Activated Tianjin Co., Ltd. China Combi Works Oy Ltd China International Freight Co., Ltd. Cohesion Freight (HK) Ltd. Datong Juqiang Activated Carbon Co., Ltd. Datong Municipal Yunguang Datong Municipal Yunguang Activated Carbon Co., Ltd. De Well Container Shipping Corp. Derun Charcoal Carbon Co., Ltd. Endurance Cargo Management Co., Ltd. Envitek (China) Ltd. Excel Shipping Co., Ltd. Fujian Xinsen Carbon Co., Ltd. Fuzhou Yihuan Carbon Co., Ltd. Fuzhou Yuemengfeng Trade Co., Ltd. Gongyi City Bei Shan Kou Water Purification Materials Factory Guangdong Hanyan Activated Carbon Manufacturing Co., Ltd. Guangzhou Four E’S Scientific Co., Ltd. Hangzhou Hengxing Activated Carbon

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Period to be reviewed

Henan Dailygreen Trading Co., Ltd. Honour Lane Shipping Ltd. Ingevity Corp. Ingevity Performance Materials Jacobi Carbons AB Jacobi Carbons, Inc. Jacobi Carbons Industry (Tianjin) Co., Ltd. Jiangsu Kejing Carbon Fiber Co., Ltd. Jiangxi Yuanli Huaiyushan Active Carbon Jilin Bright Future Chemicals Co. Jilin Bright Future Chemicals Company, Ltd. King Freight International Corp. M Chemical Company, Inc. Meadwestvaco Trading (Shanghai) Muk Chi Trade Co., Ltd. Nanping Yuanli Active Carbon Co. Ningxia Guanghua Cherishmet Activated Carbon Co., Ltd. Ningxia Huahui Activated Carbon Co., Ltd. Ningxia Mineral & Chemical Ltd. Pacific Star Express (China) Company Ltd. Panalpina World Transport (Prc) Ltd. Pingdingshan Green Forest Activated Carbon Factory Pingdingshan Lvlin Activated Carbon Co., Ltd. Pudong Prime International Logistics Safround Logistics Co. Seatrade International Transportation Shanghai Caleb Industrial Co. Ltd. Shanghai Express Global International Shanghai Line Feng Int’l Transportation Shanghai Pudong International Transportation Shanghai Sunson Activated Carbon Shanghai Xinjinhu Activated Carbon Shanxi Dapu International Trade Co., Ltd. Shanxi DMD Corp. Shanxi Industry Technology Trading (ITT) Shanxi Industry Technology Trading Co., Ltd. Shanxi Sincere Industrial Co., Ltd. Shanxi Tianxi Purification Filter Shanxi Tianxi Purification Filter Co., Ltd. Shenzhen Calux Purification Shijiazhuang Tangju Trading Co. Sinoacarbon International Trading Co., Ltd. T.H.I. Group (Shanghai) Ltd. Tancarb Activated Carbon Co. Tancarb Activated Carbon Co., Ltd. The Ultimate Solid Logistics Ltd Tianjin Channel Filters Co., Ltd. Tianjin Jacobi International Trading Co., Ltd. Tianjin Maijin Industries Co., Ltd Translink Shipping Inc. Trans-Power International Logistics Co., Ltd. Triple Eagle Container Line U.S. United Logistics (Ningbo) Inc. Yusen Logistics Co., Ltd. Zhejiang Topc Chemical Industry Zhengzhou Zhulin Activated Carbon THE PEOPLE’S REPUBLIC OF CHINA: Certain Steel Threaded Rod, A–570–932 ...... 4/1/18–3/31/19 Aerospace Precision Corp. (Shanghai) Industry Co., Ltd Aihua Holding Group Co. Ltd. Autocraft Industry (Shanghai) Ltd. Autocraft Industry Ltd. Billion Land Ltd. Billion Technology Ltd Billiongold Hardware Co. Ltd BOLT Mfg. Trade Ltd. Brighton Best International (Taiwan) Inc. Brother Holding Group Co. Ltd. C and H International Corporation Catic Fujian Co., Ltd. Cci International Ltd. Century Distribution Systems Inc Certified Products International Inc. Changshu City Standard Parts Factory China Friendly Nation Hardware Technology Limited

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Period to be reviewed

D.M.D. International Co. Ltd. Da Cheng Hardware Products Co., Ltd. Dalian Xingxin Steel Fabrication Dongxiang Accuracy Hardware Co., Ltd. Ec International (Nantong) Co. Ltd. Fastco (Shanghai) Trading Co., Ltd. Fasten International Co., Ltd. Fastenal Canada Ltd. Fastwell Industry Co. Ltd. Fook Shing Bolts & Nuts Co. Ltd. Fuda Xiongzhen Machinery Co., Ltd. Fuller Shanghai Co. Ltd. Gem-Year Industrial Co. Ltd. Guangdong Honjinn Metal & Plastic Co., Ltd. Hainan Zhongyan United Development Co. Haining Hifasters Industrial Co. Haining Shende Imp. & Exp. Co. Ltd. Haining Zhongda Fastener Co., Ltd. Haiyan Ai&Lun Standard Fastener Co. Haiyan Chaoqiang Standard Fastener Haiyan Dayu Fasteners Co., Ltd. Haiyan Evergreen Standard Parts Co. Ltd. Haiyan Fuxin High Strength Fastener Haiyan Hatehui Machinery Hardware Haiyan Hurras Import & Export Co. Ltd. Haiyan Jianhe Hardware Co. Ltd. Haiyan Julong Standard Part Co. Ltd. Haiyan Shangchen Imp. & Exp. Co. Haiyan Yuxing Nuts Co. Ltd. Hangzhou Everbright Imp. & Exp. Co. Lt Hangzhou Grand Imp. & Exp. Co., Ltd. Hangzhou Great Imp. & Exp. Co. Ltd. Hangzhou Lizhan Hardware Co. Ltd. Hangzhou Prostar Enterprises Ltd. Hangzhou Tongwang Machinery Co., Ltd. Hilti (China) Ltd. Hong Kong Sunrise Fasteners Co. Ltd. Hong Kong Yichen Co. Ltd. Honoble Precision (China) Mfg. IFI & Morgan Ltd. Intech Industries Shanghai Co., Ltd. Jiangsu Innovo Precision Machinery Jiangsu Jinhuan Fastener Co., Ltd. Jiangsu Zhongweiyu Communication Equipment Co. Ltd. Jiashan Steelfit Trading Co. Ltd. Jiashan Zhongsheng Metal Products Co., Ltd. Jiaxing Allywin Mfg. Co., Ltd. Jiaxing Brother Standard Part Co., Ltd Jiaxing Chinafar Standard Jiaxing Jinhow Import & Export Co., Ltd. Jiaxing Sini Fastener Co., Ltd. Jiaxing Xinyue Standard Part Co. Ltd. Jiaxing Yaoliang Import & Export Co. Ltd. Jinan Banghe Industry & Trade Co., Ltd. Kinfast Hardware (Shenzhen) Ltd. King Socket Screw Company Ltd. L&W Fasteners Company Macropower Industrial Inc. Mai Seng International Trading Co., Ltd. MB Services Company Midas Union Co., Ltd. Nanjing Prosper Import & Export Corporation Ltd. Nantong Runyou Metal Products New Pole Power System Co. Ltd. Ningbiao Bolts & Nuts Manufacturing Co. Ningbo Abc Fasteners Co., Ltd. Ningbo Beilun Milfast Metalworks Co. Ltd. Ningbo Beilun Pingxin Hardware Co., Ltd. Ningbo Dexin Fastener Co. Ltd. Ningbo Dongxin High-Strength Nut Co., Ltd. Ningbo Exact Fasteners Co., Ltd. Ningbo Fastener Factory Ningbo Fengya Imp. and Exp. Co. Ltd. Ningbo Fourway Co., Ltd.

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Period to be reviewed

Ningbo Haishu Holy Hardware Import and Export Co. Ltd. Ningbo Haishu Wit Import & Export Co. Ltd. Ningbo Haishu Yixie Import & Export Co. Ltd. Ningbo Jinding Fastening Piece Co., Ltd. Ningbo MPF Manufacturing Co. Ltd. Ningbo Panxiang Imp. & Exp. Co. Ltd. Ningbo Qianjiu Instrument Case Factory Ningbo Seduno Imp. Exp. Co., Ltd. Ningbo Yili Import & Export Co., Ltd. Ningbo Yinzhou Dongxiang Accuracy Hardware Co., Ltd. Ningbo Yinzhou Foreign Trade Co., Ltd. Ningbo Yinzhou Woafan Industry & Trade Co., Ltd. Ningbo Zhenghai Yongding Fastener Co., Ltd. Ningbo Zhenhai Beisuda Equipment Co. Ningbo Zhenhai Dingli Fastener Screw Co., Ltd. Ningbo Zhenhai Jinhuan Fasteners Ningbo Zhongjiang High Strength Bolts Co. Ltd. Ningbo Zhongjiang Petroleum Pipes & Machinery Co. Ltd. Orient International Holding Shanghai Rongheng Intl Trading Co. Ltd. Orient Rider Corporation Ltd. Panxiang Imp. & Exp. Co., Ltd. Pol Shin Fastener (Zhejiang) Co. Prosper Business and Industry Co., Ltd. Qingdao Free Trade Zone Health Intl. Qingdao Top Steel Industrial Co. Ltd. RMB Fasteners Ltd. Sampulse Industrial Co., Ltd. Shaanxi Succeed Trading Co., Ltd. Shanghai Autocraft Co., Ltd. Shanghai Beitra Fasteners Co., Ltd. Shanghai East Best Foreign Trade Co. Shanghai East Best International Business Development Co., Ltd. Shanghai E-Heng Imp. & Exp. Co. Ltd. Shanghai Fortune International Co. Ltd. Shanghai Furen International Trading Shanghai Hunan Foreign Economic Co., Ltd. Shanghai Jiabao Trade Development Co. Ltd. Shanghai Nanshi Foreign Economic Co. Shanghai Overseas International Trading Co. Ltd. Shanghai Prime Machinery Co. Ltd. Shanghai Printing & Dyeing and Knitting Mill Shanghai Printing & Packaging Machinery Corp Shanghai Recky International Trading Co., Ltd. Shanghai Sinotex United Corp. Ltd. Shanghai Strong Hardware Co. Li Shanghai Wisechain Fasteners Ltd. Shenzhen Fenda Technology Co., Ltd. Shenzhen Haozhenghao Technology Co. Shijiazhuang Huitongxiang Li Trade Soyoung Industrial Co., Ltd. SRC Metal (Shanghai) Co. Ltd. Suntec Industries Co., Ltd. Suzhou Henry International Trading Co., Ltd. T and C Fastener Co. Ltd. T and L Industry Co. Ltd. Taizhou Maixing Machinery Co. Telsto Development Co., Ltd. The Hoffman Group International Tianjin Port Free Trade Zone Tianjin Star International Trade Co., Ltd. Tong Ming Enterprise Co., Ltd. Tong Win International Co., Ltd. Tri Steel Co., Ltd. Wisechain Trading Limited Wuxi Metec Metal Co. Ltd. Xiamen Hua Min Imp. and Exp. Co. Ltd. Xiamen Rongxinda Industry Co., Ltd. Xiamen Yuhui Import & Export Co., Ltd. Yogendra International Yuyao Hualun Imp. & Exp. Co., Ltd. Zhangjiagang Ever Faith Industry Co. Zhejiang Heirrmu Mechanical and Electrical Equipment Manufacturing Co Ltd. Zhejiang Heiter Industries Co., Ltd, Zhejiang Heiter Mfg & Trade Co. Ltd. Zhejiang Jin Zeen Fasteners Co. Ltd.

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Period to be reviewed

Zhejiang Junyue Standard Part Co., Ltd. Zhejiang Junyue Standard Parts Co., Ltd. Zhejiang Laibao Precision Technology Co. Ltd. Zhejiang Metals & Minerals Imp & Exp Co. Ltd. Zhejiang Morgan Brother Technology Co. Ltd. Zhejiang New Century Imp & Exp Co. Ltd. Zhejiang New Oriental Fastener Co., Ltd. Zhejiang Zhenglian Industry Development Co., Ltd. Zhongsheng Metal Co., Ltd. Zhoushan Zhengyuan Standard Parts Co., Ltd. THE PEOPLE’S REPUBLIC OF CHINA: Drawn Stainless Steel Sinks, A–570–983 ...... 4/1/18–3/31/19 B&R Industries Limited Feidong Import and Export Co., Ltd. Foshan Shunde MingHao Kitchen Utensils Co., Ltd. Foshan Zhaoshun Trade Co., Ltd Franke Asia Sourcing Ltd. Grand Hill Work Company Guangdong Dongyuan Kitchenware Industrial Co., Ltd. Guangdong G-Top Import & Export Co., Ltd. Guangdong New Shichu Import & Export Company Limited Guangdong Yingao Kitchen Utensils Co., Ltd. Hangzhou Heng’s Industries Co., Ltd. Hubei Foshan Success Imp & Exp Co. Ltd. J&C Industries Enterprise Limited Jiangmen Hongmao Trading Co., Ltd Jiangmen New Star Hi-Tech Enterprise Ltd. Jiangmen Pioneer Import & Export Co., Ltd. Jiangxi Zoje Kitchen & Bath Industry Co., Ltd. KaiPing Dawn Plumbing Products, Inc Ningbo Afa Kitchen and Bath Co., Ltd. Ningbo Oulin Kitchen Utensils Co., Ltd. Primy Cooperation Limited Shenzhen Kehuaxing Industrial Ltd. Shunde Foodstuffs Import & Export Company Limited of Guangdong Shunde Native Produce Import and Export Co., Ltd. of Guangdong Xinhe Stainless Steel Products Co., Ltd. Yuyao Afa Kitchenware Co., Ltd. Zhongshan Newecan Enterprise Development Corporation Zhongshan Silk Imp. & Exp. Group Co., Ltd. of Guangdong Zhongshan Superte Kitchenware Co., Ltd Zhuhai Kohler Kitchen & Bathroom Products Co. Ltd. THE PEOPLE’S REPUBLIC OF CHINA: Magnesium Metal, A–570–896 ...... 4/1/18–3/31/19 Tianjin Magnesium International Co., Ltd. Tianjin Magnesium Metal Co., Ltd. THE PEOPLE’S REPUBLIC OF CHINA: Multilayered Wood Flooring,5 A–570–970 ...... 12/1/17–11/30/18 THE PEOPLE’S REPUBLIC OF CHINA: Stainless Steel Sheet and Strip, A–570–042 ...... 4/1/18–3/31/19 Ahonest Changjiang Stainless Co., Ltd. Angang Hanyang Stainless Steel Corp. (LISCO) Angang Guangzhou Stainless Steel Corporation (LISCO) Anping Yuanjing Metal Products Co., Ltd. Apex Industries Corporation Baofeng Xianglong Stainless Steel (aka Baofeng Steel Group Co.) Baojing Steel Ltd. Baosteel Stainless Steel Co., Ltd. Baosteel Desheng Stainless Steel Co., Ltd. Baotou Huayong Stainless Steel Co., Ltd. Beihai Chengde Ferronickel Stainless Steel Beijing Dayang Metal Industry Co. Beijing Hengsheng Tongda Stainless Steel Beijing Jingnanfang Decoration Engineering Co., Ltd. Benxi Iron and Steel Chain Chon Metal (Kunshan) Chain Chon Metal (Foshan) Changhai Stainless Steel Changzhou General Import and Export Changzhou Taiye Sensing Technology Co., Ltd. Compart Precision Co. Dalian Yirui Import and Export Agent Co., Ltd. Daming International Import and Export Co., Ltd. Dongbei Special Steel Group Co., Ltd. Double Stone Steel Etco (China) International Trading Co., Ltd. FHY Corporation Foshan Foreign Economic Enterprise

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Period to be reviewed

Foshan Hermes Steel Co., Ltd. Foshan Jinfeifan Stainless Steel Co. Foshan Topson Stainless Steel Co. Fugang Group Fujian Fuxin Special Steel Co., Ltd. Fujian Kaixi Stainless Steel Fujian Wuhang STS Products Co., Ltd. Gangzhan Steel Developing Co., Ltd. Globe Express Services Co., Ltd. Golden Fund International Trading Co. Guangdong Forward Metal Supply Chain Co., Ltd. Guangdong Guangxin Suntec Metal Holdings Co., Ltd. Guanghan Tiancheng Stainless Steel Products Co., Ltd. Guangxi Beihai Chengde Group Guangxi Wuzhou Jinhai Stainless Steel Co. Guangzhou Eversunny Trading Co., Ltd. Haimen Senda Decoration Material Co. Hanyang Stainless Steel Co. (LISCO) Hebei Iron & Steel Henan Tianhong Metal (Subsidiary of Foshan Mellow Stainless Steel Company) Henan Xinjinhui Stainless Steel Co., Ltd. (aka Jinhui Group) Huadi Steel Group Co., Ltd. Ideal Products of Dongguan Ltd. Irestal Shanghai Stainless Pipe (ISSP) Jaway Metal Co., Ltd. Jiangdu Ao Jian Sports Apparatus Factory Jiangsu Daming Metal Products Co., Ltd. Jiangsu Jihongxin Stainless Steel Co., Ltd. Jiaxing Winner Import and Export Co., Ltd. Jiaxing Zhongda Import and Export Co., Ltd. Jieyang Baowei Stainless Steel Co., Ltd. Jinyun Xinyongmao Jiuquan Iron & Steel (JISCO) Kuehne & Nagel, Ltd. (Ningbo) Lianzhong Stainless Steel Corp. (LISCO) Lu Qin (Hong Kong) Co., Ltd. Maanshan Sungood Machinery Equipment Co., Ltd. Minmetals Steel Co., Ltd. Nanhi Tengshao Metal Manufacturing Co. NB (Ningbo) Rilson Export & Import Corp. Ningbo Baoxin Stainless Steel Co., Ltd. Ningbo Bestco Import & Export Co., Ltd. Ningbo Bingcheng Import & Export Co., Ltd. Ningbo Chinaworld Grand Import & Export Co., Ltd. Ningbo Dawon Resources Co., Ltd. Ningbo Economic and Technological Development Zone (Beilun Xiapu) Ningbo Hog Slat Trading Co., Ltd. Ningbo New Hailong Import & Export Co. Ningbo Polaris Metal Products Co. Ningbo Portec Sealing Component Ningbo Qiyi Precision Metals Co., Ltd. Ningbo Seduno Import & Export Co., Ltd. Ningbo Sunico International Ltd. Ningbo Swoop Import & Export Ningbo Yaoyi International Trading Co., Ltd. Onetouch Business Service, Ltd. Qianyuan Stainless Steel Qingdao-Pohang Stainless Steel (QPSS) Qingdao Rising Sun International Trading Co., Ltd. Qingdao Sincerely Steel Rihong Stainless Co., Ltd. Ruitian Steel Samsung Precision Stainless Steel (Pinghu) Co., Ltd. Sejung Sea & Air Co., Ltd. Shandong Huaye Stainless Steel Group Co., Ltd. Shandong Mengyin Huarun Imp and Exp Co., Ltd. Shandong Mingwei Stainless Steel Products Co., Ltd. Shanghai Dongjing Import & Export Co. Shanghai Fengye Industry Co., Ltd. Shanghai Ganglian E-Commerce Holdings Co., Ltd. Shanghai Krupp Stainless (SKS) Shanghai Metal Corporation Shanghai Tankii Alloy Material Co., Ltd. Shanxi Taigang Stainless Steel Co., Ltd. (TISCO)

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Period to be reviewed

Shaoxing Andrew Metal Manufactured Co., Ltd. Shenzhen Brilliant Sign Co., Ltd. Shaoxing Yuzhihang Import & Export Trade Co., Ltd. Shenzhen Wide International Trade Co., Ltd. Sichuan Southwest Stainless Steel Sichuan Tianhong Stainless Steel Sino Base Metal Co., Ltd. Suzhou Xinchen Precision Industrial Materials Co., Ltd. Taishan Steel Taiyuan Accu Point Technology, Co., Ltd. Taiyuan Iron & Steel (TISCO) Taiyuan Ridetaixing Precision Stainless Steel Incorporated Co., Ltd. Taizhou Durable Hardware Co., Ltd. Tiancheng Stainless Steel Products Tianjin Fulida Supply Co., Ltd. Tianjin Hongji Stainless Steel Products Co., Ltd. Tianjin Jiuyu Trade Co., Ltd. Tianjin Taigang Daming Metal Product Co., Ltd. Tianjin Teda Ganghua Trade Co., Ltd. Tianjin Tianchengjida Import & Export Trade Co., Ltd. Tianjin Tianguan Yuantong Stainless Steel TISCO Stainless Steel (HK), Ltd. Top Honest Stainless Steel Co., Ltd. TPCO Yuantong Stainless Steel Ware Tsingshan Qingyuan World Express Freight Co., Ltd. Wuxi Baochang Metal Products Co., Ltd. Wuxi Fangzhu Precision Materials Co. Wuxi Grand Tang Metal Co., Ltd. Wuxi Jinyate Steel Co., Ltd. Wuxi Joyray International Corp. Wuxi Shuoyang Stainless Steel Co., Ltd. Xiamen Lizhou Hardware Spring Co., Ltd. Xinwen Mining Henan Xuyuan Stainless Steel Co., Ltd. Yieh Corp., Ltd. Yongjin Metal Technology Yuyao Purenovo Stainless Steel Co., Ltd. Zhangjiagang Pohang Stainless Steel Co., Ltd. (ZPSS) Zhejiang Baohong Stainless Steel Co., Ltd. Zhejiang Huashun Metals Co., Ltd. Zhejiang Jaguar Import & Export Co., Ltd. Zhejiang New Vision Import & Export Zhejiang Yongjin Metal Technology Co., Ltd. Zhengzhou Mingtai Industry Co., Ltd. Zhenjiang Huaxin Import & Export Zhenjiang Yongyin Metal Tech Co. Zhenshi Group Eastern Special Steel Co., Ltd. Zun Hua City Transcend Ti-Gold Countervailing Duty Proceedings INDIA: Fine Denier Polyester Staple Fiber,6 C–533–876 ...... 11/6/17–12/31/18 THE PEOPLE’S REPUBLIC OF CHINA: Aluminum Foil, C–570–054 ...... 8/14/18–12/31/18 Alcha International Holdings Limited Baotou Alcha Aluminum Co., Ltd. Dingsheng Aluminum Industries (Hong Kong) Trading Co. Ltd. Granges Aluminum (Shanghai) Co., Ltd. Guangxi Baise Xinghe Aluminum Industry Co., Ltd. Hangzhou DingCheng Aluminum Co., Ltd. Hangzhou Dingsheng Import & Export Co. Ltd. Hangzhou Dingsheng Industrial Group Co., Ltd. Hangzhou Five Star Aluminum Co., Ltd. Hangzhou Teemful Aluminum Co., Ltd. Huafon Nikkei Aluminium Corporation Hunan Suntown Marketing Limited Inner Mongolia Liansheng New Energy Material Joint-Stock Co., Ltd. Jiangsu Alcha Aluminum Co., Ltd. Jiangsu Dingsheng New Materials Joint-Stock Co. Ltd. Jiangsu Huafeng Aluminum Industry Co., Ltd. Jiangsu Zhongii Lamination Materials Stock Co., Ltd. Jiangsu Zhongji Lamination Materials Co., Ltd. Jiangsu Zhongji Lamination Materials Co., (HK) Limited Jiangyin Dolphin Pack Ltd. Co. Luoyang Longding Aluminium Industries Co., Ltd. Manakin Industries, LLC

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Period to be reviewed

Shandong Yuanrui Metal Material Co., Ltd. Shanghai Shenyan Packaging Materials Co., Ltd. Shantou Wanshun Package Material Stock Co., Ltd. SNTO International Trade Limited Suntown Technology Group Limited Suzhou Manakin Aluminum Processing Technology Co., Ltd. Walson (HK) Trading Co., Limited Walson (HK) Trading Co., Ltd. Xiamen Xiashun Aluminium Foil Co., Ltd. Yantai Donghai Aluminum Foil Co., Ltd. Yantai Jintai International Trade Co., Ltd. Yinbang Clad Material Co., Ltd. Zhejiang Zhongjin Aluminum Industry Co., Ltd. THE PEOPLE’S REPUBLIC OF CHINA: Stainless Steel Sheet and Strip, C–570–043 ...... 1/1/18–12/31/18 Ahonest Changjiang Stainless Co., Ltd. Angang Hanyang Stainless Steel Corp. (LISCO) Angang Guangzhou Stainless Steel Corporation (LISCO) Anping Yuanjing Metal Products Co., Ltd. Apex Industries Corporation Baofeng Xianglong Stainless Steel (aka Baofeng Steel Group Co.) Baojing Steel Ltd. Baosteel Stainless Steel Co., Ltd. Baosteel Desheng Stainless Steel Co., Ltd. Baotou Huayong Stainless Steel Co., Ltd. Beihai Chengde Ferronickel Stainless Steel Beijing Dayang Metal Industry Co. Beijing Hengsheng Tongda Stainless Steel Beijing Jingnanfang Decoration Engineering Co., Ltd. Benxi Iron and Steel Chain Chon Metal (Kunshan) Chain Chon Metal (Foshan) Changhai Stainless Steel Changzhou General Import and Export Changzhou Taiye Sensing Technology Co., Ltd. Compart Precision Co. Dalian Yirui Import and Export Agent Co., Ltd. Daming International Import and Export Co., Ltd. Dongbei Special Steel Group Co., Ltd. Double Stone Steel Etco (China) International Trading Co., Ltd. FHY Corporation Foshan Foreign Economic Enterprise Foshan Hermes Steel Co., Ltd. Foshan Jinfeifan Stainless Steel Co. Foshan Topson Stainless Steel Co. Fugang Group Fujian Fuxin Special Steel Co., Ltd. Fujian Kaixi Stainless Steel Fujian Wuhang STS Products Co., Ltd. Gangzhan Steel Developing Co., Ltd. Globe Express Services Co., Ltd. Golden Fund International Trading Co. Guangdong Forward Metal Supply Chain Co., Ltd. Guangdong Guangxin Suntec Metal Holdings Co., Ltd. Guanghan Tiancheng Stainless Steel Products Co., Ltd. Guangxi Beihai Chengde Group Guangxi Wuzhou Jinhai Stainless Steel Co. Guangzhou Eversunny Trading Co., Ltd. Haimen Senda Decoration Material Co. Hanyang Stainless Steel Co. (LISCO) Hebei Iron & Steel Henan Tianhong Metal (Subsidiary of Foshan Mellow Stainless Steel Company) Henan Xinjinhui Stainless Steel Co., Ltd. (aka Jinhui Group) Huadi Steel Group Co., Ltd. Ideal Products of Dongguan Ltd. Irestal Shanghai Stainless Pipe (ISSP) Jaway Metal Co., Ltd. Jiangdu Ao Jian Sports Apparatus Factory Jiangsu Daming Metal Products Co., Ltd. Jiangsu Jihongxin Stainless Steel Co., Ltd. Jiaxing Winner Import and Export Co., Ltd. Jiaxing Zhongda Import and Export Co., Ltd. Jieyang Baowei Stainless Steel Co., Ltd. Jinyun Xinyongmao

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Period to be reviewed

Jiuquan Iron & Steel (JISCO) Kuehne & Nagel, Ltd. (Ningbo) Lianzhong Stainless Steel Corp. (LISCO) Lu Qin (Hong Kong) Co., Ltd. Maanshan Sungood Machinery Equipment Co., Ltd. Minmetals Steel Co., Ltd. Nanhi Tengshao Metal Manufacturing Co. NB (Ningbo) Rilson Export & Import Corp. Ningbo Baoxin Stainless Steel Co., Ltd. Ningbo Bestco Import & Export Co., Ltd. Ningbo Bingcheng Import & Export Co., Ltd. Ningbo Chinaworld Grand Import & Export Co., Ltd. Ningbo Dawon Resources Co., Ltd. Ningbo Economic and Technological Development Zone (Beilun Xiapu) Ningbo Hog Slat Trading Co., Ltd. Ningbo New Hailong Import & Export Co. Ningbo Polaris Metal Products Co. Ningbo Portec Sealing Component Ningbo Qiyi Precision Metals Co., Ltd. Ningbo Seduno Import & Export Co., Ltd. Ningbo Sunico International Ltd. Ningbo Swoop Import & Export Ningbo Yaoyi International Trading Co., Ltd. Onetouch Business Service, Ltd. Qianyuan Stainless Steel Qingdao-Pohang Stainless Steel (QPSS) Qingdao Rising Sun International Trading Co., Ltd. Qingdao Sincerely Steel Rihong Stainless Co., Ltd. Ruitian Steel Samsung Precision Stainless Steel (Pinghu) Co., Ltd. Sejung Sea & Air Co., Ltd. Shandong Huaye Stainless Steel Group Co., Ltd. Shandong Mengyin Huarun Imp and Exp Co., Ltd. Shandong Mingwei Stainless Steel Products Co., Ltd. Shanghai Dongjing Import & Export Co. Shanghai Fengye Industry Co., Ltd. Shanghai Ganglian E-Commerce Holdings Co., Ltd. Shanghai Krupp Stainless (SKS) Shanghai Metal Corporation Shanghai Tankii Alloy Material Co., Ltd. Shanxi Taigang Stainless Steel Co., Ltd. (TISCO) Shaoxing Andrew Metal Manufactured Co., Ltd. Shenzhen Brilliant Sign Co., Ltd. Shaoxing Yuzhihang Import & Export Trade Co., Ltd. Shenzhen Wide International Trade Co., Ltd. Sichuan Southwest Stainless Steel Sichuan Tianhong Stainless Steel Sino Base Metal Co., Ltd. Suzhou Xinchen Precision Industrial Materials Co., Ltd. Taishan Steel Taiyuan Accu Point Technology, Co., Ltd. Taiyuan Iron & Steel (TISCO) Taiyuan Ridetaixing Precision Stainless Steel Incorporated Co., Ltd. Taizhou Durable Hardware Co., Ltd. Tiancheng Stainless Steel Products Tianjin Fulida Supply Co., Ltd. Tianjin Hongji Stainless Steel Products Co., Ltd. Tianjin Jiuyu Trade Co., Ltd. Tianjin Taigang Daming Metal Product Co., Ltd. Tianjin Teda Ganghua Trade Co., Ltd. Tianjin Tianchengjida Import & Export Trade Co., Ltd. Tianjin Tianguan Yuantong Stainless Steel TISCO Stainless Steel (HK), Ltd. Top Honest Stainless Steel Co., Ltd. TPCO Yuantong Stainless Steel Ware Tsingshan Qingyuan World Express Freight Co., Ltd. Wuxi Baochang Metal Products Co., Ltd. Wuxi Fangzhu Precision Materials Co. Wuxi Grand Tang Metal Co., Ltd. Wuxi Jinyate Steel Co., Ltd. Wuxi Joyray International Corp. Wuxi Shuoyang Stainless Steel Co., Ltd.

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Period to be reviewed

Xiamen Lizhou Hardware Spring Co., Ltd. Xinwen Mining Henan Xuyuan Stainless Steel Co., Ltd. Yieh Corp., Ltd. Yongjin Metal Technology Yuyao Purenovo Stainless Steel Co., Ltd. Zhangjiagang Pohang Stainless Steel Co., Ltd. (ZPSS) Zhejiang Baohong Stainless Steel Co., Ltd. Zhejiang Huashun Metals Co., Ltd. Zhejiang Jaguar Import & Export Co., Ltd. Zhejiang New Vision Import & Export Zhejiang Yongjin Metal Technology Co., Ltd. Zhengzhou Mingtai Industry Co., Ltd. Zhenjiang Huaxin Import & Export Zhenjiang Yongyin Metal Tech Co. Zhenshi Group Eastern Special Steel Co., Ltd. Zun Hua City Transcend Ti-Gold Suspension Agreements None.

United States through an importer that evidence other than factual information is affiliated with such exporter or described in (i)–(iv). These regulations Duty Absorption Reviews producer. The request must include the require any party, when submitting During any administrative review name(s) of the exporter or producer for factual information, to specify under covering all or part of a period falling which the inquiry is requested. which subsection of 19 CFR between the first and second or third 351.102(b)(21) the information is being Gap Period Liquidation and fourth anniversary of the submitted and, if the information is publication of an antidumping duty For the first administrative review of submitted to rebut, clarify, or correct order under 19 CFR 351.211 or a any order, there will be no assessment factual information already on the determination under 19 CFR of antidumping or countervailing duties record, to provide an explanation 351.218(f)(4) to continue an order or on entries of subject merchandise identifying the information already on suspended investigation (after sunset entered, or withdrawn from warehouse, the record that the factual information review), the Secretary, if requested by a for consumption during the relevant seeks to rebut, clarify, or correct. The domestic interested party within 30 provisional-measures ‘‘gap’’ period, of regulations, at 19 CFR 351.301, also days of the date of publication of the the order, if such a gap period is provide specific time limits for such notice of initiation of the review, will applicable to the POR. factual submissions based on the type of determine whether antidumping duties factual information being submitted. have been absorbed by an exporter or Administrative Protective Orders and Letters of Appearance Please review the final rule, available at producer subject to the review if the http://enforcement.trade.gov/frn/2013/ subject merchandise is sold in the Interested parties must submit 1304frn/2013-08227.txt, prior to applications for disclosure under submitting factual information in this 5 Commerce initiated an administrative review of administrative protective orders in Baroque Timber Industries (Zhongshan) Co., Ltd. segment. See Initiation of Antidumping and Countervailing accordance with the procedures Any party submitting factual Duty Administrative Reviews, 84 FR 18777 (May 2, outlined in Commerce’s regulations at information in an antidumping duty or 2019). On April 23, 2014, the United States Court 19 CFR 351.305. Those procedures countervailing duty proceeding must of International Trade (CIT) entered its final apply to administrative reviews judgement in Baroque Timber Industries certify to the accuracy and completeness (Zhongshan) Company, Limited, et. al. v. United included in this notice of initiation. of that information.7 Parties are hereby States, affirming the final determination Parties wishing to participate in any of reminded that revised certification redetermination with respect to the Samling Group these administrative reviews should pursuant to court order by the Department of requirements are in effect for company/ Commerce pertaining to the less-than-fair-value ensure that they meet the requirements government officials as well as their investigation on multilayered wood flooring from of these procedures (e.g., the filing of representatives. All segments of any the People’s Republic of China. Pursuant to that CIT separate letters of appearance as antidumping duty or countervailing decision, effective May 2, 2014, Commerce discussed at 19 CFR 351.103(d)). excluded from the antidumping order multilayered duty proceedings initiated on or after wood flooring that is produced and exported by the Factual Information Requirements August 16, 2013, should use the formats Samling Group, which includes Baroque Timber for the revised certifications provided at Industries (Zhongshan) Co., Ltd. See Multilayered Commerce’s regulations identify five the end of the Final Rule.8 Commerce Wood Flooring from the People’s Republic of China: categories of factual information in 19 Notice of Court Decision Not in Harmony with the intends to reject factual submissions in Final Determination and Amended Final CFR 351.102(b)(21), which are any proceeding segments if the Determination of the Antidumping Duty summarized as follows: (i) Evidence submitting party does not comply with Investigation, 79 FR 25109 (May 2, 2014). Thus, submitted in response to questionnaires; Commerce is initiating an administrative review only on entries where Baroque Timber Industries (ii) evidence submitted in support of 7 See section 782(b) of the Act. (Zhongshan) Co., Ltd. was the exporter but not the allegations; (iii) publicly available 8 See Certification of Factual Information To producer of subject merchandise. information to value factors under 19 Import Administration During Antidumping and 6 In the initiation notice that published on May CFR 351.408(c) or to measure the Countervailing Duty Proceedings, 78 FR 42678 (July 29, 2019 (84 FR 24743) Commerce inadvertently adequacy of remuneration under 19 CFR 17, 2013) (Final Rule); see also the frequently asked listed the wrong case number for referenced case questions regarding the Final Rule, available at above. The correct case number is listed in this 351.511(a)(2); (iv) evidence placed on http://enforcement.trade.gov/tlei/notices/factual_ notice. the record by Commerce; and (v) info_final_rule_FAQ_07172013.pdf.

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applicable revised certification DEPARTMENT OF COMMERCE listening station will also be available at requirements. the Pacific Council office. National Oceanic and Atmospheric Council address: Pacific Fishery Extension of Time Limits Regulation Administration Management Council, 7700 NE Parties may request an extension of RIN 0648–XH061 Ambassador Place, Suite 101, Portland, time limits before a time limit OR 97220. The July 23–24 meeting will be held established under Part 351 expires, or as Pacific Fishery Management Council; in the Hemlock/Oak Room at the Hilton otherwise specified by the Secretary. Public Meeting Vancouver Hotel, 301 W Sixth Street, See 19 CFR 351.302. In general, an AGENCY: National Marine Fisheries Vancouver, Washington 98660; extension request will be considered Service (NMFS), National Oceanic and telephone: (360) 993–4500. untimely if it is filed after the time limit Atmospheric Administration (NOAA), FOR FURTHER INFORMATION CONTACT: established under Part 351 expires. For Commerce. Robin Ehlke, Pacific Council; telephone: submissions which are due from ACTION: Notice of public meetings. (503) 820–2410. multiple parties simultaneously, an SUPPLEMENTARY INFORMATION: extension request will be considered SUMMARY: The Pacific Fishery July 2 (webinar)—The purpose of the untimely if it is filed after 10:00 a.m. on Management Council’s (Pacific Council) webinar is to update all Workgroup the due date. Examples include, but are Southern Resident Killer Whale (SRKW) members on relevant proceedings from not limited to: (1) Case and rebuttal Workgroup (Workgroup) will convene the June 2019 Pacific Council meeting, briefs, filed pursuant to 19 CFR 351.309; two meetings, which are open to the public. and continue discussions on the data (2) factual information to value factors needs and progress in developing a draft under 19 CFR 351.408(c), or to measure DATES: The first meeting, to be held via risk analysis. The Workgroup may also the adequacy of remuneration under 19 webinar, will convene on Tuesday, July discuss their work plan and progress CFR 351.511(a)(2), filed pursuant to 19 2, 2019, from 1 p.m. to 3 p.m. Pacific made on assigned tasks related to the CFR 351.301(c)(3) and rebuttal, Daylight Time (PDT), or until business Workgroup’s prime objective of clarification and correction filed for the day has been completed. reassessing the effects of Pacific pursuant to 19 CFR 351.301(c)(3)(iv); (3) The second meeting, to be held in Council-area ocean salmon fisheries on comments concerning the selection of a person, will convene Tuesday, July 23, the Chinook salmon prey base of SRKW. surrogate country and surrogate values 2019, from 10 a.m. to 5 p.m. PDT, or This is a public meeting and not a and rebuttal; (4) comments concerning until business for the day has been public hearing. Public comments will be CBP data; and (5) Q&V questionnaires. completed. It will continue on taken at the discretion of the Workgroup Under certain circumstances, Commerce Wednesday, July 24, 2019, from 9 a.m. co-chairs as time allows. may elect to specify a different time to 2 p.m. PDT, or until business for the July 23–24 (in-person)—The purpose limit by which extension requests will day has been completed. of the meeting is to continue work on be considered untimely for submissions ADDRESSES: The July 2 meeting will be the draft risk analysis, and provide any which are due from multiple parties held via webinar. A public listening updates or additional status information simultaneously. In such a case, station is available at the Pacific Council that may address data gaps and Commerce will inform parties in the office (address below). To attend the questions identified at the May 23–24, letter or memorandum setting forth the webinar (1) join the webinar by visiting and the July 2, 2019 meetings. The deadline (including a specified time) by this link https://www.gotomeeting.com/ Workgroup may also discuss their work which extension requests must be filed webinar (click ‘‘Join a Webinar’’ in top plan and progress made on assigned to be considered timely. This right corner of page), (2) enter the tasks related to the Workgroup’s prime modification also requires that an Webinar ID: 526–133–259, and (3) enter objective of reassessing the effects of extension request must be made in a your name and email address (required). Pacific Council-area ocean salmon separate, stand-alone submission, and After logging in to the webinar, please fisheries on the Chinook salmon prey clarifies the circumstances under which (1) dial this TOLL number 1–914–614– base of SRKW. Additional topics of 3221 (not a toll-free number), (2) enter Commerce will grant untimely-filed discussion may include, but are not the attendee phone audio access code requests for the extension of time limits. limited to, the criteria and methodology 294–147–773, and (3) enter the provided These modifications are effective for all developed to evaluate risk, and scoping audio PIN after joining the webinar. You segments initiated on or after October of management/conservation tools may must enter this PIN for audio access. be included in the discussion if 21, 2013. Please review the final rule, NOTE: We have disabled Mic/Speakers warranted. This is a public meeting and available at http://www.gpo.gov/fdsys/ as an option and require all participants not a public hearing. Public comments pkg/FR-2013-09-20/html/2013- to use a telephone or cell phone to will be taken at the discretion of the 22853.htm, prior to submitting factual participate. Technical Information and Workgroup co-chairs as time allows. information in these segments. system requirements: PC-based These initiations and this notice are attendees are required to use Windows® Background in accordance with section 751(a) of the 10, 8, 7, Vista, or XP; Mac®-based At the March 2019 Pacific Council Act (19 U.S.C. 1675(a)) and 19 CFR attendees are required to use Mac OS® meeting, the National Marine Fisheries 351.221(c)(1)(i). X 10.5 or newer; Mobile attendees are Service (NMFS) announced plans to required to use iPhone®, iPad®, reinitiate Endangered Species Act (ESA) Dated: June 7, 2019. AndroidTM phone or Android tablet (See consultation on the effect of Pacific James Maeder, https://www.gotomeeting.com/webinar/ Council-area ocean salmon fisheries on Associate Deputy Assistant Secretary for ipad-iphone-android-webinar-apps.) SRKW. NMFS and the Pacific Council Antidumping and Countervailing Duty You may send an email to Ms. Sandra agreed on a collaborative approach and Operations. Krause at [email protected] or began establishing work plans and a [FR Doc. 2019–12502 Filed 6–12–19; 8:45 am] contact her at (503) 820–2280, extension tentative schedule. At the April 2019 BILLING CODE 3510–DS–P 419 for technical assistance. A public meeting, the Pacific Council formed the

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Workgroup to reassess the effects of require emergency action under section DEPARTMENT OF DEFENSE Pacific Council-area ocean salmon 305(c) of the Magnuson-Stevens Fishery fisheries on the Chinook salmon prey Conservation and Management Act, Office of the Secretary base of SRKW. A draft Terms of provided the public has been notified of [Transmittal No. 19–11] Reference was reviewed by the Pacific the intent to take final action to address Council which describes the purpose of the emergency. Arms Sales Notification the Workgroup, a proposed timeline to accomplish this task, and a list of Special Accommodations AGENCY: Defense Security Cooperation participants. Supporting documents can These meetings are physically Agency, Department of Defense. be found on the Pacific Council’s ACTION: Arms sales notice. website under the April 2019 Briefing accessible to people with disabilities. Requests for sign language Book (https://www.pcouncil.org/ SUMMARY: interpretation or other auxiliary aids The Department of Defense is resources/archives/briefing-books/april- publishing the unclassified text of an should be directed to Ms. Sandra 2019-briefing-book, Agenda Item F.3.a, arms sales notification. Supplemental NMFS Report 1, April Krause, (503) 820–2419, at least 10 FOR FURTHER INFORMATION CONTACT: 2019 and Agenda Item D.6.a, business days prior to the meeting date. Karma Job at [email protected] Supplemental NMFS Report 1, April Dated: June 10, 2019. or (703) 697–8976. 2019). Materials presented during past Tracey L. Thompson, Workgroup meetings may be found on SUPPLEMENTARY INFORMATION: This the NMFS West Coast Regional website Acting Deputy Director, Office of Sustainable 36(b)(1) arms sales notification is Fisheries, National Marine Fisheries Service. (https://www.fisheries.noaa.gov/west- published to fulfill the requirements of coast/southern-resident-killer-whales- [FR Doc. 2019–12516 Filed 6–12–19; 8:45 am] section 155 of Public Law 104–164 and-fisheries-interaction-workgroup). BILLING CODE 3510–22–P dated July 21, 1996. The following is a copy of a letter to the Speaker of the Although non-emergency issues not House of Representatives, Transmittal contained in the meeting agendas may 19–11 with attached Policy Justification. be discussed, those issues may not be the subject of formal action during these Dated: June 7, 2019. meetings. Action will be restricted to Aaron T. Siegel, those issues specifically listed in this Alternate OSD Federal Register Liaison document and any issues arising after Officer, Department of Defense. publication of this document that BILLING CODE 5001–06–P

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BILLING CODE 5001–06–C currently at Luke Air Force Base, (vii) Sensitivity of Technology Transmittal No. 19-11 Arizona, to include flight training; Contained in the Defense Article or participation in U.S. Government Defense Services Proposed to be Sold: Notice of Proposed Issuance of Letter of approved training exercises; inert/ None Offer Pursuant to Section 36(b)(1) of the dummy training munitions; supply and (viii) Date Report Delivered to Arms Export Control Act, as amended maintenance support; spares and repair Congress: April 15, 2019 (i) Prospective Purchaser: Taipei parts; support equipment; U.S. *As defined in Section 47(6) of the Economic and Cultural Representative Government program management; Arms Export Control Act. Office in the United States (TECRO) publications; documentation; personnel (ii) Total Estimated Value: training and training equipment; fuel POLICY JUSTIFICATION and fueling services; U.S. Government Taipei Economic and Cultural Major Defense Equipment * $ 0 million and contractor engineering, technical, Representative Office in the United Other ...... $500 million and logistics support services; and other States (TECRO)—CONUS Based F-16 related elements of program and Training TOTAL ...... $500 million logistical support necessary to sustain a (iii) Description and Quantity or long term CONUS training program. TECRO has requested a possible sale Quantities of Articles or Services under (iv) Military Department: Air Force for the continuation of a pilot training Consideration for Purchase: (TW-D-NHF) program and maintenance/logistics Major Defense Equipment (MDE): (v) Prior Related Cases, if any: TW-D- support for F-16 aircraft currently at None NHA, TW-D-NHC, TW-D-NHD, TW-D- Luke Air Force Base, Arizona, to Non-MDE: Continuation of a pilot NHE include flight training; participation in training program and maintenance/ (vi) Sales Commission, Fee, etc., Paid, U.S. Government approved training logistics support for F-16 aircraft Offered, or Agreed to be Paid: None exercises; inert/dummy training

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munitions; supply and maintenance Arizona. This program enables the DEPARTMENT OF DEFENSE support; spares and repair parts; support recipient to develop mission ready and equipment; U.S. Government program experienced pilots through CONUS Office of the Secretary management; publications; training. The training provides a documentation; personnel training and ‘‘capstone‘‘ course that takes [Transmittal No. 19–17] training equipment; fuel and fueling experienced pilots and significantly services; U.S. Government and improves their tactical proficiency. Arms Sales Notification contractor engineering, technical, and Training is a key component of combat logistics support services; and other effectiveness. AGENCY: Defense Security Cooperation related elements of program and The proposed sale of this equipment Agency, Department of Defense. logistical support necessary to sustain a and support will not alter the basic ACTION: Arms sales notice. long-term CONUS training program. The military balance in the region. total estimated program cost is $500 The prime contractors will be URS SUMMARY: The Department of Defense is million. Federal Services, Inc., Germantown, MD publishing the unclassified text of an This proposed sale is consistent with and L3, Greenville, Texas. At this time, arms sales notification. U.S. law and policy as expressed in there are no known offset agreements FOR FURTHER INFORMATION CONTACT: Public Law 96-8. proposed in connection with this Karma Job at [email protected] This proposed sale will support the potential sale. foreign policy and national security of or (703) 697–8976. Implementation of this proposed sale the United States by helping to improve will not require the assignment of any SUPPLEMENTARY INFORMATION: This the security and defensive capability of additional U.S. Government or 36(b)(1) arms sales notification is the recipient, which has been and published to fulfill the requirements of continues to be an important force for contractor representatives to the recipient. The USAF will provide section 155 of Public Law 104–164 political stability, military balance, and dated July 21, 1996. The following is a economic progress in the region. instruction, flight operations, maintenance support and facilities. copy of a letter to the Speaker of the The recipient and the United States House of Representatives, Transmittal Air Force (USAF) will have the Approximately 100 U.S. contractors will provide aircraft maintenance and 19–17 with attached Policy Justification opportunity to fly together, which will and Sensitivity of Technology. support disaster relief missions, non- logistics support for the F-16 aircraft. combatant evacuation operations, and There will be no adverse impact on Dated: June 10, 2019. other contingency situations. These U.S. defense readiness as a result of this Aaron T. Siegel, services and equipment are used in the proposed sale. Alternate OSD Federal Register Liaison continuing pilot training program [FR Doc. 2019–12431 Filed 6–12–19; 8:45 am] Officer, Department of Defense. currently at Luke Air Force Base, BILLING CODE 5001–06–P BILLING CODE 5001–06–P

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BILLING CODE 5001–06–C Twelve (12) UH-60M Black Hawk twelve (12) Federated Advanced Transmittal No. 19-17 Helicopters with Designated Unique Navigation System (FANS) with RNP/ Equipment RNAV, fifteen (15) AN/APX-123 IFF Notice of Proposed Issuance of Letter of Twenty-eight (28) T700-GE-701D with Mode 4/5 Transponder (12 Offer Pursuant to Section 36(b)(1) of the Engines (24 installed and 4 spares) installed and 3 spares), fifteen (15) AN/ Arms Export Control Act, as amended Twenty-nine (29) H-764GU Embedded ARN-147(V) (12 installed and 3 spares), (i) Prospective Purchaser: Government Global Positioning Systems with fifteen (15) AN/ARN-149(V) Automatic of the Czech Republic Inertial Navigation and Country Digital Frequency (12 installed and 3 Unique SAASM (24 installed and 5 (ii) Total Estimated Value: spares), fifteen (15) Tactical Airborne spares) Navigation System (TACAN) AN/ARN- Major Defense Equipment * .. $450 million Twenty-four (24) M240H Machine Guns 153 (12 installed and 3 spares), fifteen Other ...... $350 million One-hundred fourteen (114) Advanced (15) AN/APR-39C(V)l/4 Radar Warning Total ...... $800 million Precision Kill Weapon Systems Receiver, fifteen (15) AN/AVR-2B(V) (APKWS) Laser Warning System (12 installed and (iii) Description and Quantity or Fifteen (15) AN/AAR-57(V)3 Common 3 spares), sixty (60) Military Grade AN/ Quantities of Articles or Services under Missile Warning System (CMWS) (12 AVS-6 Night Vision Goggles (NVGs), Consideration for Purchase: The installed and 3 spares) four (4) EBC-406HM Emergency Locator Government of the Czech Republic has Non-MDE: Transmitter (ELT), Aircraft Wireless requested to buy twelve (12) UH-60M Also included are four (4) Aviation Intercom System (AWIS), forty-eight Black Hawk Helicopters in standard Mission Planning Systems (AMPS), (48) Machine Gun Mounts, twenty-four U.S. Government configuration with twenty-nine (29) AN/ARC-231 UHF/ (24) M134D Mini Gun, four thousand designated unique equipment and VHF Radios with RT-1808A, twenty- (4,000) M-134 Inert Training Rounds, Government Furnished Equipment nine (29) AN/ARC-201D SINCGARS twenty-four (24) M-134 Power Supply (GFE) Airborne Radios System with RT-1478D, Pack, twelve (12) GP-19 Machine Gun Major Defense Equipment (MDE): fifteen (15) AN/ARC-220(V)3 HF Radio, Pods, twelve (12) GAU-19B Machine

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Guns, twenty-four (24) M-134 Power Defense Services Proposed to be Sold: (501,000) Cartridge 7.62MM 4 Ball 1 Supply Pack, one hundred forty-four See Attached Annex Tracer, ten thousand (10,000) Cartridge (144) M-134 Spare Barrels, four (viii) Date Report Delivered to 50 Caliber Ball, ten thousand (10,000) thousand (4,000) M-134 Training Congress: May 3, 2019 50 Caliber 4 Ball 1 Tracer, ten thousand Rounds, twelve (12) M-134 Mount * As defined in Section 47(6) of the (10,000) Cartridge 50 Caliber 4 Armor Systems, twelve (12) Packaging Crating Arms Export Control Act. Piercing Incendiary 1 Armor Piercing Incendiary Tracer Linked, three and Handling Mount System in Support POLICY JUSTIFICATION of M-134, twelve (12) M261 Rocket Hundred (300) Cartridge 25.4 Millimeter Launchers, one hundred thousand Czech Republic—UH-60M Black Hawk Decoy M839, four (4) Cartridge Impulse (100,000) 7.62MM 4 Ball M80 1 Tracer Helicopters CCU-92/A, three hundred eighty-four M62 Linked, five hundred one thousand The Government of Czech Republic (384) Rocket 2.75 Inch High Explosive (501,000) Cartridge 7.62MM 4 Ball 1 has requested to buy (12) UH-60M Black Warhead M151 Fuze M423 Motor Tracer, ten thousand (10,000) Cartridge Hawk helicopters, with twenty-eight MK66-4, two hundred forty (240) 50 Caliber Ball, ten thousand (10,000) (28) T700-GE-701D engines (24 installed Warhead 2.75 Inch Rocket M151HE, one 50 Caliber 4 Ball 1 Tracer, ten thousand and 4 spares), twenty-nine (29) H- hundred eighty (180) Rocket Motor 2.75 (10,000) Cartridge 50 Caliber 4 Armor 764GU Embedded Global Positioning Inch MK66-4, four hundred (400) Flare Piercing Incendiary 1 Armor Piercing Systems with Inertial Navigation and Aircraft Countermeasure M206, Two (2) Incendiary Tracer Linked, three Country Unique SAASM (24 installed Airborne Command and Control Hundred (300) Cartridge 25.4 Millimeter and 5 spares), twenty-four (24) M240H Systems includes three (3) PRC-117s Decoy M839, four (4) Cartridge Impulse machine guns, one-hundred fourteen (two (2) as line-of-sight and one (1) as CCU-92/A, three hundred eighty-four (114) Advanced Precision Kill Weapon beyond line-of-sight, one (1) iridium (384) Rocket 2.75 Inch High Explosive Systems (APKWS), and fifteen (15) AN/ phone, one (1) ROVER 4 (to UAS), Warhead M151 Fuze M423 Motor AAR-57(V)3 Common Missile Warning DAGAR (GPS)), twelve (12) AN/APN- MK66-4, two hundred forty (240) System (CMWS) (12 installed and 3 209 Radar Altimeter, twenty-four (24) Warhead 2.75 Inch Rocket M151HE, one spares). Also included are four (4) Upturned Exhaust System, thirteen (13) MX-10D EO/IR Sensor with Laser hundred eighty (180) Rocket Motor 2.75 Aviation Mission Planning Systems Designator (12 and 1 spare), thirteen Inch MK66-4, four hundred (400) Flare (AMPS), twenty-nine (29) AN/ARC-231 (13) IZLED 200 PIR Laser (12 installed Aircraft Countermeasure M206, Two (2) UHF/VHF Radios with RT-1808A, and 1 spare), thirty (30) User Data Airborne Command and Control twenty-nine (29) AN/ARC-201D Modules (UDM) for Common Missile Systems includes three (3) PRC-117s SINCGARS Airborne Radios System Warning System (CMWS), Common (two (2) as line-of-sight and one (1) as with RT-1478D, fifteen (15) AN/ARC- Missile Warning System (CMWS) beyond line-of-sight, one (1) iridium 220(V)3 HF Radio, twelve (12) Classified Software Updates, Machine phone, one (1) ROVER 4 (to UAS), Federated Advanced Navigation System Gun Component Spare Parts, Operation DAGAR (GPS)), twelve (12) AN/APN- (FANS) with RNP/RNAV, fifteen (15) 209 Radar Altimeter, twenty-four (24) Mission Data Set (MDS) in support of AN/APX-123 IFF with Mode 4/5 the AN/APR-39C(V)l/4, twelve (12) AN/ Upturned Exhaust System, thirteen (13) Transponder (12 installed and 3 spares), MX-10D EO/IR Sensor with Laser AVS-7 Heads-Up Display, aircraft fifteen (15) AN/ARN-147(V) (12 warranty, air worthiness support, Designator (12 and 1 spare), thirteen installed and 3 spares), fifteen (15) AN/ (13) IZLED 200 PIR Laser (12 installed calibration services, spare and repair ARN-149(V) Automatic Digital parts, support equipment, and 1 spare), thirty (30) User Data Frequency (12 installed and 3 spares), Modules (UDM) for Common Missile communication equipment, weapons, fifteen (15) Tactical Airborne Navigation ammunition, night vision devices, Warning System (CMWS), Common System (TACAN) AN/ARN-153 (12 Missile Warning System (CMWS) publications and technical installed and 3 spares), fifteen (15) AN/ documentation, personnel training and Classified Software Updates, Machine APR-39C(V)l/4 Radar Warning Receiver, Gun Component Spare Parts, Operation training devices, site surveys, tool and fifteen (15) AN/AVR-2B(V) Laser test equipment, U.S. Government and Mission Data Set (MDS) in support of Warning System (12 installed and 3 contractor technical and logistics the AN/APR-39C(V)l/4, twelve (12) AN/ spares), sixty (60) Military Grade AN/ support services, and other related AVS-7 Heads-Up Display, aircraft AVS-6 Night Vision Goggles (NVGs), elements of logistical and program warranty, air worthiness support, four (4) EBC-406HM Emergency Locator support. The total estimated program calibration services, spare and repair Transmitter (ELT), Aircraft Wireless cost is $800 million. parts, support equipment, Intercom System (AWIS), forty-eight This proposed sale will support the communication equipment, weapons, (48) Machine Gun Mounts, twenty-four foreign policy and national security of ammunition, night vision devices, (24) M134D Mini Gun, four thousand the United States by helping to improve publications and technical (4,000) M-134 Inert Training Rounds, the security of a NATO partner that is documentation, personnel training and twenty-four (24) M-134 Power Supply an important force for ensuring peace training devices, site surveys, tool and Pack, twelve (12) GP-19 Machine Gun and stability in Europe. The proposed test equipment, U.S. Government and Pods, twelve (12) GAU-19B Machine sale will support the Czech Republic’s contractor technical and logistics Guns, twenty-four (24) M-134 Power need for its own self-defense and support services, and other related Supply Pack, one hundred forty-four support NATO defense goals. elements of logistical and program (144) M-134 Spare Barrels, four The Czech Republic is considering support. thousand (4,000) M-134 Training either the UH-60M or the UH-1Y/AH-1Z (iv) Military Department: Army (EZ-B- Rounds, twelve (12) M-134 Mount to replace its aging Mi-24 helicopters. UEK) Systems, twelve (12) Packaging Crating The Czech Republic intends to use these (v) Prior Related Cases, if any: None and Handling Mount System in Support helicopters to modernize its armed (vi) Sales Commission, Fee, etc., Paid, of M-134, twelve (12) M261 Rocket forces and strengthen its homeland Offered, or Agreed to be Paid: None Launchers, one hundred thousand defense and deter regional threats. This (vii) Sensitivity of Technology (100,000) 7.62MM 4 Ball M80 1 Tracer will contribute to the Czech Republic’s Contained in the Defense Article or M62 Linked, five hundred one thousand military goal of updating its capabilities

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while further enhancing interoperability a precision laser-guided rocket, aviator helmets. The binocular offers with the United States and NATO allies. classification up to SECRET. high reliability and performance and The Czech Republic will have no 4. The AAR-57A Common Missile enables rotary-wing aviators to conduct difficulty absorbing these helicopters Warning System (CMWS) detects energy and complete night operations during into its armed forces. emitted by threat missile in-flight, the darkest nights of the year. This item The proposed sale of this equipment evaluates potential false alarm emitters contains sensitive technology. will not alter the basic military balance in the environment, declares validity of 10. The AN/ARC-201D, Single in the region. threat and selects appropriate counter- Channel Ground to Air Radio System The principal contractors will be measures. The CMWS consists of an (SINCGARS), is a tactical airborne radio Sikorsky Aircraft Company, Stratford, Electronic Control Unit (ECU), Electro- subsystem that provides secure, anti-jam Connecticut; and General Electric Optic Missile Sensors (EOMSs), and voice and data communication. The Aircraft Company (GEAC), Lynn, Sequencer and Improved integration of COMSEC and the Data Massachusetts. There are no known Countermeasures Dispenser (ICMD). Rate Adapter (DRA) combines three offset agreements in connection with Reverse engineering is not a major Line Replaceable Units into one and this potential sale. concern. The ECU hardware is classified reduces overall weight of the aircraft. Implementation of this proposed sale CONFIDENTIAL; releasable technical Performance capabilities, ECM/ECCM may require the assignment of an manuals for operation and maintenance specification and Engineering Change additional three U.S. Government and are classified SECRET. Orders (ECOs) are classified SECRET. five contractor representatives in 5. The AN/ARC-231, Very High 11. The AN/ARC-220 is a fully digital country full-time to support the delivery Frequency/Ultra High Frequency (VHF/ signal processing (DSP) high-frequency and training for approximately two-five UHF), Line-of-Sight (LOS) Radio with radio that gives you two-way years. frequency agile modes, Electronic communication over the 2.0000 to There will be no adverse impact on counter-countermeasures (ECCM), UHF 29.9999 MHz high-frequency. The AN/ U.S. defense readiness as a result of this Satellite Communications (S ATCOM), ARC-220 also offers advanced proposed sale. Demand Assigned Multiple Access communications features such as Transmittal No. 19-17 (DAMA), Integrated Waveform (IW), Air embedded Automatic Link Traffic Control (ATC) channel spacing is Establishment (ALE), serial tone data Notice of Proposed Issuance of Letter of operator selectable in 5, 8.33,12.5, and modem and anti-jam (ECCM) functions Offer Pursuant to Section 36(b)(1) of the 25kHz steps. The antennas associated that can be used for tactical rotary wing Arms Export Control Act with this radio contain sensitive and fixed-wing applications. Annex technology. 12. The AN/ARN-149, Automatic 6. The AN/AVR-2B Laser Detecting Direction Finder (ADF) Receiver, is a Item No. vii Set is a passive laser warning system low frequency radio that provides (vii) Sensitivity of Technology: that receives, processes and displays automatic compass bearing on any radio 1. The UH-60M aircraft is a medium threat information resulting from signal within the frequency range of 100 lift four bladed aircraft which includes aircraft illumination by lasers on multi- to 2199.5 kHz as well as navigation two (2) T-701D Engines. The aircraft has functional display. The hardware is where a commercial AM broadcast four (4) Multifunction Displays (MFD), classified CONFIDENTIAL; releasable signal is the only available navigation which provides aircraft system, flight, technical manuals for operation and aid. mission, and communication maintenance are classified SECRET. 13. The AN/ARN-153, Tactical management systems. The 7. The AN/APR-39A Radar Signal Airborne Navigation (TACAN) System, instrumentation panel includes four (4) Detecting Set is a system that provides is a full featured navigational system Multifunction Displays (MFDs), two (2) warning of radar directed air defense that supports four modes of operation: Pilot and Co-Pilot Flight Director threat and allows appropriate receive mode; transmit receive mode; Panels, and two (2) Data Concentrator countermeasures. This is the 1553 air-to-air receive mode; and air-to-air Units (DCUs). The Navigation System databus compatible configuration. The transmit-receive mode. The TACAN will have Embedded GPS/INS (EGIs), hardware is classified CONFIDENTIAL provides a minimum 500-watt transmit and two (2) Advanced Flight Control when programmed with U.S. threat capability with selecting range ratios of Computer Systems (AFCC), which data; releasable technical manual for 30:1 or 4:1 which is accomplished provide 4 axis aircraft control. operation and maintenance are through the automatic gain control 2. The H764-G EGI provides GPS and classified CONFIDENTIAL; releasable (AGC) enable/disable switch, the 1553 INS capabilities to the aircraft. The EGI technical data (technical performance) bus, or the RNAV (ARINC) input bus. will include Selective Availability anti- is classified SECRET. 14. The AN/ARN-147, Very High Spoofing Module (SAASM) security 8. The AN/APX-123A, Identification Frequency (VHF) Omni Ranging/ modules to be used for secure GPS PPS Friend or Foe (IFF) Transponder, is a Instrument Landing System Receiver, if required. The Embedded GPS/INS space diversity transponder and is that provides internal MIL-STD-1553B within the SAASM contains sensitive installed on various military platforms. capability and is MIL-E-5400 class II technology. When installed in conjunction with qualified. It meets international 3. The Advanced Precision Kill platform antennas and the Remote operability requirements by providing Weapon Systems (APKWS) is a low cost Control Unit (or other appropriate 50-kHz channel spacing for 160-VOR semi-active laser guidance kit developed control unit), the transponder provides and 40-localizer/glideslope channels. by BAE Systems which is added to identification, altitude and surveillance 15. The KIV-77, a Common IFF current unguided 70 mm rocket motors reporting in response to interrogations Applique Crypto Computer and warheads similar to and including from airborne, ground-based and/or Identification, Friend or Foe (IFF) which the Hydra 70 rocket. It is a low collateral surface interrogators. This item is maintains the crypto in a separate 3.5 damage weapon that can effectively contains sensitive technology. in. x 4.25 in. x 1 in., 16-oz LRU allowing strike both soft and lightly armored 9. The AN/AVS-6 Aviator’s Night it to be removed and stored. This item targets. APKWS turns a standard Vision Goggle is a lightweight binocular is a Controlled Cryptographic Item unguided 2.75 inch (70 mm) rocket into that can be mounted to a variety of (CCI).

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16. The AN/PYQ-10(C) Simple Key Development. The MDS is a Country 23. All defense articles and services Loader (SKL) is a ruggedized, portable, Specific, customer defined software data listed in this transmittal have been handheld fill device, for securely set that defines the radar emitter authorized for release and export to receiving, storing, and transferring data specifications used by the APR-39C(V)l/ Czech Republic. between compatible cryptographic and 4 Radar Warning Receiver to examine [FR Doc. 2019–12507 Filed 6–12–19; 8:45 am] communications equipment. It supports signal received signal for potential BILLING CODE 5001–06–P both the DS-101 and DS-102 interfaces, threats. The Data Set includes data as well as the KSD-64 Crypto Ignition Electronic Warfare Integrated Key and is backward-compatible with Preprogramming Database (EWIRDB) DEPARTMENT OF DEFENSE existing End Cryptographic Units (ECU) emitter parametric information to and forward-compatible with future generate the MDS. The MDS is classified Office of the Secretary security equipment and systems. This SECRET. item is classified CONFIDENTIAL. 20. M1 (Z133) is a 25.4mm Decoy [Transmittal No. 19–10] 17. Common Missile Warning System Chaff Cartridge. Z133 is a component in (CMWS) User Data Module (UDM) to A965. All cartridge components Arms Sales Notification support Generation III Electronics including the cartridge case, piston, end Control Unit (ECU). The UDM is a AGENCY: Defense Security Cooperation cap and theoretical band coverage are Agency, Department of Defense. ruggedized, portable, hand-held data UNCLASSIFIED. The specification and ACTION: Arms sales notice. storage device for securely receiving, the drawings for this item are also storing, and transferring data between UNCLASSIFIED. Radar Cross Section CMWS ECUs (similar to a flash, or SUMMARY: The Department of Defense is (RCS) measurements of deployed chaff publishing the unclassified text of an ‘‘thumb‘‘ drive). The UDM itself is are CONFIDENTIAL. UNCLASSIFIED when initially received. arms sales notification. However, when loaded with data, it 21. If a technologically advanced FOR FURTHER INFORMATION CONTACT: becomes classified to the appropriate adversary were to obtain knowledge of Karma Job at [email protected] level of the data. In the case of CMWS the specific hardware and software or (703) 697–8976. Software, this raises the classification elements, the information could be used to develop countermeasures or SUPPLEMENTARY INFORMATION: This level to SECRET. 36(b)(1) arms sales notification is 18. Common Missile Warning System equivalent systems which might reduce weapon system effectiveness or be used published to fulfill the requirements of (CMWS) Classified Software is provided section 155 of Public Law 104–164 as Country Specific Software required in the development of a system with similar or advanced capabilities. dated July 21, 1996. The following is a for the operation and support of the copy of a letter to the Speaker of the 22. This sale is necessary in Common Missile Warning System House of Representatives, Transmittal furtherance of the U.S. foreign policy (CMWS) AN/AAR-57. The software, 19–10 with attached Policy Justification and national security objectives once developed and encrypted, is and Sensitivity of Technology. loaded on a User Data Module (UDM) outlined in the enclosed Policy for transfer and use by the Customer. Justification. A determination has been Dated: June 7, 2019. The software is classified SECRET. made that Czech Republic can provide Aaron T. Siegel, 19. Operational Mission Data Set the same degree of protection for the Alternate OSD Federal Register Liaison (MDS) in support of the AN/APR- sensitive technology being released as Officer, Department of Defense. 39C(V)l/4 including Software the U.S. Government. BILLING CODE 5001–06–P

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BILLING CODE 5001–06–C Twenty-six (26) Modular Mission Advanced Reconnaissance Systems; Transmittal No. 19–10 Computers (includes 3 spares) secure communications, cryptographic Twenty-six (26) Link-16 Multifunctional precision navigation equipment; spares Notice of Proposed Issuance of Letter of Information Distribution Systems— and repair parts; support equipment; Offer Pursuant to Section 36(b)(1) of the JTRS (MIDS-JTRS) with TACAN and personnel training and training Arms Export Control Act, as amended ESHI Terminals (includes 3 spares) equipment; publications and technical (i) Prospective Purchaser: Kingdom of Twenty-six (26) LN260 Embedded documentation; support and test Morocco Global Navigation Systems (EGI) equipment; simulators; integration and (ii) Total Estimated Value: (includes 3 spares) test; U.S. Government and contractor Twenty-six (26) Joint Helmet Mounted engineering, technical and logistical Major Defense Equip- $252.9 million Cueing Systems II (includes 3 spares) support services; and other related ment *. Twenty-six (26) Improved Other ...... $732.3 million elements of logistics and program Programmable Display Generators support. (iPDG) (includes 3 spares) TOTAL ...... $985.2 million (iv) Military Department: Air Force Fifty (50) LAU-129 Multi-Purpose (MO-D-QAL) (iii) Description and Quantity or Launchers Quantities of Articles or Services under Twenty-six (26) AN/AAQ-33 Sniper (v) Prior Related Cases, if any: MO– Consideration for Purchase: Morocco Pods D–SAY has requested to upgrade its existing 23 Non-MDE: Also included are twenty- (vi) Sales Commission, Fee, etc., Paid, F-16 aircraft to F-16V configuration. six (26) AN/ALQ-213 EW Management Offered, or Agreed to be Paid: None Major Defense Equipment (MDE): Systems; twenty-six (26) Advanced (vii) Sensitivity of Technology Twenty-six (26) APG-83 Active Identification Friend/Foe; Joint Mission Contained in the Defense Article or Electronically Scanned Array (AESA) Planning System; twenty-six (26) AN/ Defense Services Proposed to be Sold: Radars (includes 3 spares) ALQ-211 AIDEWS; six (6) DB-110 See Attached Annex.

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(viii) Date Report Delivered to The proposed sale of this equipment software, and data identified are Congress: March 22, 2019 will not alter the basic military balance classified to protect vulnerabilities, * As defined in Section 47(6) of the in the region. design and performance parameters and Arms Export Control Act. The prime contractor will be other similar critical information. Lockheed Corporation, Bethesda, 3. The AN/APG–83 is an Active POLICY JUSTIFICATION Maryland. The purchaser typically Electronically Scanned Array (AESA) Morocco—F–16 Block 52+ Upgrade to requests offsets. Any offset agreement radar upgrade for the F–16. It includes F–16V Configuration will be defined in negotiations between higher processor power, higher The Government of Morocco has the purchaser and the contractor. transmission power, more sensitive Implementation of this proposed sale requested to upgrade its existing twenty- receiver electronics, and Synthetic will require the assignment of 10 three F-16 aircraft to the F-16V Aperture Radar (SAR), which creates additional U.S. Government and configuration. The requested buy higher-resolution ground maps from a approximately 75 contract includes twenty-six (26) APG–83 Active greater distance than existing representatives to Morocco. mechanically scanned array radars (e.g., Electronically Scanned Array (AESA) There will be no adverse impact on APG–68). The upgrade features an Radars (includes 3 spares), twenty-six U.S. defense readiness as a result of this increase in detection range of air targets, (26) Modular Mission Computers proposed sale. increases in processing speed and (includes 3 spares), twenty-six (26) memory, as well as significant Link-16 Multifunctional Information Transmittal No. 19–10 improvements in all modes. The highest Distribution System—JTRS (MIDS– Notice of Proposed Issuance of Letter of classification of the radar is SECRET. JTRS) with TACAN and ESHI Terminals Offer Pursuant to Section 36(b)(1) of the 4. Modular Mission Computer (MMC) (includes 3 spares), twenty-six (26) Arms Export Control Act is the central aircraft computer of the F– LN260 Embedded Global Navigation Annex 16. It serves as the hub for all aircraft Systems (EGI) (includes 3 spares), subsystems and avionics data transfer. twenty-six (26) Joint Helmet Mounted Item No. vii The hardware and software are Cueing Systems II (includes 3 spares), (vii) Sensitivity of Technology: classified SECRET. twenty-six (26) Improved Programmable 1. This sale will involve the release of 5. The Improved Programmable Display Generators (iPDG) (includes 3 sensitive technology to Morocco. The Display Generator (iPDG) and color spares), fifty (50) LAU–129 Multi- F-16C/D Block 52 upgrade of Morocco’s multifunction displays utilize Purpose Launchers; and twenty-six (26) fleet to the ‘‘V’’ configuration of the ruggedized commercial liquid crystal AN/AAQ–33 Sniper Pods. Also weapon system is unclassified, except display technology that is designed to included are twenty-six (26) AN/ALQ– as noted below. The aircraft utilizes the withstand the harsh environment found 213 EW Management Systems; twenty- F–16 airframe and features advanced in modern fighter cockpits. The display six (26) Advanced Identification Friend/ avionics and systems. It contains the generator is the fifth generation graphics Foe; Joint Mission Planning System; existing Pratt & Whitney F100–PW–229 processor for the F–16. Through the use twenty-six (26) AN/ALQ-211 AIDEWS; EEP, and will be upgraded to include of state-of-the-art microprocessors and six (6) DB–110 Advanced the following: AN/APG–83 radar, digital graphics engines, it provided orders of Reconnaissance Systems; secure flight control system, internal and magnitude increases in throughput, communications, cryptographic external electronic warfare equipment, memory, and graphics capabilities. The precision navigation equipment; spares Advanced IFF, LINK–16 datalink, hardware and software are and repair parts; support equipment; operational flight trainer, and software UNCLASSIFIED. personnel training and training computer programs. 6. Multifunctional Information equipment; publications and technical 2. Sensitive and/or classified (up to Distribution System (MIDS) is an documentation; support and test SECRET) elements of the proposed F-16 advanced Link-16 command, control, equipment; simulators; integration and V include hardware, accessories, communications, and intelligence (C3I) test; U.S. Government and contractor components, and associated software: system incorporating high-capacity, engineering, technical and logistical APG–83 AESA Radars, Modular Mission jam-resistant, digital communication support services; and other related Computers, Improved Programmable links for exchange of near real-time elements of logistics and program Display Generator (iPDG), Link-16 tactical information, including both data support. The estimated cost is $985.2 MIDS–JTRS with TACAN and ESHI and voice, among air, ground, and sea million. terminals, Embedded GPS–INS (EGI) elements. The MIDS terminal hardware, This proposed sale will contribute to LN–260, Joint Helmet Mounted Cueing publications, performance the foreign policy and national security System II (JHMCS), Advanced specifications, operational capability, of the United States by helping to Identification Friend or Foe (AIFF), parameters, vulnerabilities to improve the security of a major Non- Joint Mission Planning System, AN/ countermeasures, and software NATO ally that continues to be an ALQ–211 AIDEWS, DB–110 Advanced documentation are classified important force for political stability Reconnaissance Systems, Multi-Purpose CONFIDENTIAL. The classified and economic progress in North Africa. Launchers LAU–129, Sniper (AN/AAQ– information to be provided consists of The proposed sale will contribute to 33) targeting pods, AN/ALQ–213 EW that which is necessary for the Morocco’s self-defense capabilities. The Management Systems, Secure operation, maintenance, and repair purchase will improve interoperability Communications, Cryptographic (through intermediate level) of the data with the United States and enhance Appliques, and Improved Programmable link terminal, installed systems, and Morocco’s ability to undertake coalition Display Generators. Additional sensitive related software. operations, as it has done in the past in items include operating manuals and 7. Embedded GPS-INS (EGI) LN–260 flying sorties against ISIS in Syria and maintenance technical orders is a sensor that combines GPS and Iraq. Morocco already operates an F-16 containing performance information, inertial sensor inputs to provide fleet and will have no difficulty operating and test procedures, and other accurate location information for absorbing this aircraft and services into information related to support navigation and targeting. The EGI LN– its armed forces. operations and repair. The hardware, 260 is UNCLASSIFIED. The GPS crypto

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variable keys needed for highest GPS classified SECRET when loaded with a be used in the development of a system accuracy are classified up to SECRET. US derived EW database. with similar or advanced capabilities. 8. Joint Helmet Mounted Cueing 12. DB–110 is a tactical airborne 17. A determination has been made System (JHMCS II) is a modified HGU– reconnaissance system. This capability that Morocco can provide substantially 55/P helmet that incorporates a visor- permits reconnaissance missions to be the same degree of protection for the projected Heads-Up Display (HUD) to conducted from very short range to long sensitive technology being released as cue weapons and aircraft sensors to air range by day or night. It is an under-the- the U.S. Government. This sale is and ground targets. This system projects weather, podded system that produces necessary in furtherance of the U.S. visual targeting and aircraft performance high resolution, dual-band electro- foreign policy and national security information on the back of the helmet’s optical and infrared imagery. The DB– objectives outlined in the Policy visor, enabling the pilot to monitor this 110 system is UNCLASSIFIED. Justification. information without interrupting his 13. The LAU–129 Guided Missile 18. All defense articles and services field of view through the cockpit Launcher is capable of launching a listed in this transmittal are authorized canopy. This provides improvement for single AIM–9 (Sidewinder) family of for release and export to the close combat targeting and engagement. missile or AIM–120 Advanced Medium Government of Morocco. Hardware is Unclassified; technical data Range Air-to-Air Missile (AMRAAM). [FR Doc. 2019–12445 Filed 6–12–19; 8:45 am] and documents are classified up to The LAU–129 launcher provides BILLING CODE 5001–06–P SECRET. mechanical and electrical interface 9. The AN/APX–126 Advanced between missile and aircraft. There are Identification Friend or Foe (AIFF) five versions produced strictly for DEPARTMENT OF DEFENSE Combined Interrogator Transponder foreign military sales. The only (CIT) is a system capable of transmitting difference between these launchers is Office of the Secretary and interrogating Mode V. It is the material they are coated with or the UNCLASSIFIED unless/until Mode IV color of the coating. This device is [Transmittal No. 19–15] and/or Mode V operational evaluator UNCLASSIFIED. Arms Sales Notification parameters are loaded into the 14. The SNIPER (AN/AAQ-33) equipment. Elements of the IFF system targeting system is UNCLASSIFIED and AGENCY: Defense Security Cooperation classified up to SECRET include contains technology representing the Agency, Department of Defense. software object code, operating latest state-of-the-art in electro-optical ACTION: Arms sales notice. characteristics, parameters, and clarity and haze, and low light targeting technical data. Mode IV and Mode V capability. Information on performance SUMMARY: The Department of Defense is anti-jam performance specifications/ and inherent vulnerabilities is classified publishing the unclassified text of an data, software source code, algorithms, SECRET. Software (object code) is arms sales notification. and tempest plans or reports will not be classified CONFIDENTIAL. Overall FOR FURTHER INFORMATION CONTACT: offered, released, discussed, or system classification is SECRET. Karma Job at [email protected] demonstrated. 15. This sale will involve the release or (703) 697–8976. 10. JMPS (Joint Mission Planning of sensitive and or classified SUPPLEMENTARY INFORMATION: This System) is a multi-platform PC based cryptographic elements for secure 36(b)(1) arms sales notification is mission planning system. JMPS communications radios, cryptographic published to fulfill the requirements of hardware is unclassified but the appliques and keying equipment, and section 155 of Public Law 104–164 software is classified up to SECRET. precision navigation equipment. The dated July 21, 1996. The following is a 11. The AN/ALQ–211 Airborne hardware is UNCLASSIFIED except copy of a letter to the Speaker of the Integrated Defensive Electronic Warfare where systems are loaded with House of Representatives, Transmittal Suite (AIDEWS) provides passive radar cryptographic software, which is 19–15 with attached Policy Justification warning, wide spectrum RF jamming, classified up to SECRET. and Sensitivity of Technology. and control and management of the 16. If a technologically advanced entire EW system. It is an externally adversary were to obtain knowledge of Dated: June 7, 2019. mounted Electronic Warfare (EW) pod. the specific hardware and software Aaron T. Siegel, The commercially developed system elements, the information could be used Alternate OSD Federal Register Liaison software and hardware is to develop countermeasures that might Officer, Department of Defense. UNCLASSIFIED. The system is reduce weapon system effectiveness or BILLING CODE 5001–06–P

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BILLING CODE 5001–06–C Twenty-four (24) Airborne Low Two (2) Naval Strike Missile Emulators Transmittal No. 19–15 Frequency System (ALFS) (20 Four (4) Naval Strike Missile Captive installed, 4 spares) Inert Training Missiles Notice of Proposed Issuance of Letter of Thirty (30) AN/AAS–44C(V) Multi- One (1) MH–60B/R Excess Defense Offer Pursuant to Section 36(b)(1) of the Spectral Targeting System (24 Article (EDA) USN legacy Aircraft Arms Export Control Act, as amended installed, 6 spares) Non-MDE: Also included are seventy (i) Prospective Purchaser: Government Fifty-four (54) Embedded Global (70) AN/AVS–9 Night Vision Devices; of India Positioning System/Inertial fifty-four (54) AN/ARC–210 RT– (ii) Total Estimated Value: Navigation Systems (EGI) with 1990A(C) radios with COMSEC (48 installed, 6 spares); thirty (30) AN/ARC– Major Defense Equipment* $1.6 billion Selective Availability/Anti-Spoofing Other ...... $1.0 billion Module (SAASM) (48 installed, 6 220 High Frequency radios (24 installed, spares) 6 spares); thirty (30) AN/APX–123 TOTAL ...... $2.6 billion One thousand (1,000) AN/SSQ–36/53/ Identification Friend or Foe (IFF) 62 Sonobuoys transponders (24 installed, 6 spares); (iii) Description and Quantity or Ten (10) AGM–114 Hellfire Missiles spare engine containers; facilities study, Quantities of Articles or Services under Five (5) AGM–114 M36–E9 Captive Air design, and construction; spare and Consideration for Purchase: Training Missiles (CATM) repair parts; support and test Major Defense Equipment (MDE): Four (4) AGM–114Q Hellfire Training equipment; communication equipment; Twenty-four (24) MH–60R Multi- Missiles ferry support; publications and Mission Helicopters, equipped with the Thirty-eight (38) Advanced Precision technical documentation; personnel following: Kill Weapon System (APKWS) training and training equipment; U.S. Thirty (30) APS–153(V) Multi-Mode Rockets Government and contractor engineering, Radars (24 installed, 6 spares) Thirty (30) MK 54 Torpedoes technical and logistics support services; Sixty (60) T700 GE–401C Engines (48 Twelve (12) M–240D Crew Served Guns and other related elements of logistical installed and 12 spares) Twelve (12) GAU–21 Crew Served Guns and program support.

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(iv) Military Department: Navy (IN–P– This proposed sale will support the AGM–114A/B/K/N Hellfire missiles, as SAY) foreign policy and national security of well as, MK 46/54 torpedoes to engage (v) Prior Related Cases, if any: None the United States by helping to surface and sub-surface targets. The (vi) Sales Commission, Fee, etc., Paid, strengthen the U.S.-Indian strategic Indian Navy MH–60R platform will Offered, or Agreed to be Paid: None relationship and to improve the security include provisions for the MK 54 light (vii) Sensitivity of Technology of a major defensive partner which weight torpedo. The MH–60R weapons Contained in the Defense Article or continues to be an important force for system is classified up to SECRET. Defense Services Proposed to be Sold: political stability, peace, and economic Unless otherwise noted below, MH–60R See Attached Annex. progress in the Indo-Pacific and South hardware and support equipment, test (viii) Date Report Delivered to Asia region. equipment and maintenance spares are Congress: April 2, 2019 The proposed sale will provide India unclassified except when electrical * As defined in Section 47(6) of the the capability to perform anti-surface power is applied to hardware containing Arms Export Control Act. and anti-submarine warfare missions volatile data storage. Technical data and POLICY JUSTIFICATION along with the ability to perform documentation for MH-60R weapons secondary missions including vertical systems (to include sub-systems and India—MH–60R Multi-Mission replenishment, search and rescue, and weapons listed below) are classified up Helicopters communications relay. India will use to SECRET. The sensitive technologies The Government of India has the enhanced capability as a deterrent to include: requested to buy twenty-four (24) MH– regional threats and to strengthen its a. The AGM-114 HELLFIRE missile is 60R Multi-Mission helicopters, homeland defense. India will have no an air-to-surface missile with a multi- equipped with the following: thirty (30) difficulty absorbing these helicopters mission, multi-target, precision strike APS–153(V) Multi-Mode radars (24 into its armed forces. capability. The HELLFIRE can be installed, 6 spares); sixty (60) T700–GE– The proposed sale of this equipment launched from multiple air platforms 401C engines (48 installed and 12 and support will not alter the basic and is the primary precision weapon for spares); twenty-four (24) Airborne Low military balance in the region. the United States Army. The highest Frequency System (ALFS) (20 installed, The principal contractor will be level for release of the AGM-114 4 spares); thirty (30) AN/AAS–44C(V) Lockheed Martin Rotary and Mission HELLFIRE is SECRET, based upon the Multi-Spectral Targeting System (24 Systems, Owego, New York. The software. The highest level of classified installed, 6 spares); fifty-four (54) purchaser typically requests offsets. Any information that could be disclosed by Embedded Global Positioning System/ offset agreement will be defined in a proposed sale or by testing of the end Inertial Navigation Systems (EGI) with negotiations between the purchaser and item is SECRET; the highest level that Selective Availability/Anti-Spoofing the contractor. must be disclosed for production, Module (SAASM) (48 installed, 6 Implementation of this proposed sale maintenance, or training is spares); one thousand (1,000) AN/SSQ– will require the assignment of 20–30 CONFIDENTIAL. Reverse engineering 36/53/62 sonobuoys; ten (10) AGM–114 U.S. Government and/or contractor could reveal CONFIDENTIAL Hellfire missiles; five (5) AGM–114 representatives to India. information. Vulnerability data, M36–E9 Captive Air Training Missiles There will be no adverse impact on counter-measures, vulnerability/ (CATM); four (4) AGM–114Q Hellfire U.S. defense readiness as a result of this susceptibility analyses, and threat Training missiles; thirty-eight (38) proposed sale. definitions are classified SECRET or Advanced Precision Kill Weapons Transmittal No. 19–15 CONFIDENTIAL. System (APKWS) rockets; thirty (30) MK b. Advanced Precision Kill Weapon 54 torpedoes; twelve (12) M–240D Crew Notice of Proposed Issuance of Letter of System (APKWS) laser guided rocket to Served guns; twelve (12) GAU–21 Crew Offer Pursuant to Section 36(b)(1) of the counter the fast attack craft and fast Served guns; two (2) Naval Strike Arms Export Control Act inshore attack craft threat. APKWS Missile Emulators; four (4) Naval Strike Annex hardware is UNCLASSIFIED. Missile Captive Inert Training missiles; c. The light weight air launched Item No. vii one (1) MH–60B/R Excess Defense torpedo (MK 54) for surface and Article (EDA) USN legacy aircraft. Also (vii) Sensitivity of Technology: subsurface targets. The acquisition of included are seventy (70) AN/AVS–9 1. The MH–60R Multi-Mission MK 54 will include ancillary equipment Night Vision Devices; fifty-four (54) AN/ Helicopter focuses primarily on anti- and publications. ARC–210 RT–1990A(C) radios with submarine and anti-surface warfare d. Communications security devices COMSEC (48 installed, 6 spares); thirty missions. The MH–60R carries several contain sensitive encryption algorithms (30) AN/ARC–220 High Frequency sensors and data links to enhance its and keying material. The purchasing radios (24 installed, 6 spares); thirty (30) ability to work in a network centric country has previously been released AN/APX–123 Identification Friend or battle group and as an extension of its and utilizes COMSEC devices in Foe (IFF) transponders (24 installed, 6 home ship/main operating base. The accordance with set procedures and spares); spare engine containers; mission equipment subsystem consists without issue. COMSEC devices will be facilities study, design, and of the following sensors and classified up to SECRET when keys are construction; spare and repair parts; subsystems: an acoustics systems loaded. support and test equipment; consisting of a dipping sonar and e. Identification Friend or Foe (IFF) communication equipment; ferry sonobuoys, Multi-Mode Radar (MMR) (KIV-78) contains embedded security support; publications and technical with integral Identification Friend or devices containing sensitive encryption documentation; personnel training and Foe (IFF) interrogator, Radios with algorithms and keying material. The training equipment; U.S. Government COMSEC, Electronic Support Measures purchasing country will utilize and contractor engineering, technical (ESM), Integrated Self-Defense (ISD), COMSEC devices in accordance with set and logistics support services; and other and Multi-Spectral Targeting System procedures. The AN/APX-123 is related elements of logistical and (MTS). Also, Night Vision Devices (AN/ classified up to SECRET. program support. The total estimated AVS–9) for CONOPS and f. GPS/PPS/SAASM - Global cost is $2.6 billion. interoperability with USN. It can carry Positioning System (GPS) provides a

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space-based Global Navigation Satellite conditions. Imagery is provided by a 4. A determination has been made System (GNSS) that has reliable location Forward Looking Infrared (FLIR) sensor, that the Government of India can and time information in all weather and a color/monochrome day television provide substantially the same degree of at all times and anywhere on or near the (DTV) camera, and a Low-Light TV protection for the sensitive technology earth when and where there is an (LLTV). The AN/AAS-44C(V) hardware being released as the U.S. Government. unobstructed line of sight to four or is UNCLASSIFIED. When electrical This sale is necessary in furtherance of more GPS satellites. Selective power is applied, the AN/AAS-44C(V) is the U.S. foreign policy and national Availability/Anti-Spoofing Module classified up to SECRET. security objectives outlined in the (SAASM) (AN/PSN-11) is used by k. Ultra High Frequency/Very High Policy Justification. military GPS receivers to allow Frequency (UHF/VHF) Radios (ARC- 5. All defense articles and services decryption of precision GPS 210) contain embedded sensitive listed in this transmittal have been coordinates. In addition, the GPS encryption algorithms and keying authorized for release and export to Antenna System (GAS-1) provides material. The purchasing country will India. protection from enemy manipulation of utilize COMSEC devices in accordance [FR Doc. 2019–12454 Filed 6–12–19; 8:45 am] the GPS system. The GPS hardware is with set procedures. The ARC-210 BILLING CODE 5001–06–P UNCLASSIFIED. When electrical power hardware is UNCLASSIFIED. When is applied, the system is classified up to electrical power is applied and mission SECRET. data loaded, the ARC-210 is classified DEPARTMENT OF DEFENSE g. Acoustics algorithms are used to up to SECRET. process dipping sonar and sonobuoy l. Advanced Data Transfer System Office of the Secretary data for target tracking and for the (ADTS) with Type 1 encryption for data Acoustics Mission Planner (AMP), at rest. [Transmittal No. 19–34] which is a tactical aid employed to m. Satellite Communications Demand optimize the deployment of sonobuoys Assigned Multiple Access (SATCOM Arms Sales Notification and the dipping sonar. Acoustics DAMA), which provides increased, hardware is UNCLASSIFIED. The interoperable communications AGENCY: Defense Security Cooperation acoustics system is classified up to capabilities with US forces. SATCOM Agency, Department of Defense. SECRET when environmental and threat DAMA hardware is UNCLASSIFIED. ACTION: Arms sales notice. databases are loaded and/or the system When electrical power is applied and is processing acoustic data. mission data loaded these systems are SUMMARY: The Department of Defense is h. The AN/APS-153 multi-mode radar classified up to SECRET. publishing the unclassified text of an with an integrated IFF and Inverse 2. All the mission data, including arms sales notification. Synthetic Aperture (ISAR) provides sensitive parameters, is loaded from an FOR FURTHER INFORMATION CONTACT: target surveillance/detection capability. off board station before each flight and Karma Job at [email protected] The AN/APS-153 hardware is does not stay with the aircraft after or (703) 697–8976. unclassified. When electrical power is electrical power has been removed. SUPPLEMENTARY INFORMATION: This applied and mission data loaded, the Sensitive technologies are protected as 36(b)(1) arms sales notification is AN/APS-153 is classified up to SECRET. defined in the program protection and published to fulfill the requirements of i. The AN/ALQ-210 (ESM) system anti-tamper plans. The mission data and section 155 of Public Law 104–164 identifies the location of an emitter. The off board station are classified up to dated July 21, 1996. The following is a ability of the system to identify specific SECRET. copy of a letter to the Speaker of the 3. If a technologically advanced emitters depends on the data provided House of Representatives, Transmittal adversary were to obtain knowledge of by Indian Navy. The AN/ALQ-210 19–34 with attached Policy Justification the hardware and software elements, the hardware is UNCLASSIFIED. When and Sensitivity of Technology. electrical power is applied and mission information could be used to develop data loaded, the AN/ALQ-210 system is countermeasures or equivalent systems Dated: June 10, 2019. classified up to SECRET. which might reduce system Aaron T. Siegel, j. The AN/AAS-44C(V) Multi-spectral effectiveness or be used in the Alternate OSD Federal Register Liaison Targeting System (MTS) operates in development of a system with similar or Officer, Department of Defense. day/night and adverse weather advanced capabilities. BILLING CODE 5001–06–P

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BILLING CODE 5001–06–C (EGI) and Precise Positioning Service (vi) Sales Commission, Fee, etc., Paid, Transmittal No. 19-34 (PPS) (installed) Offered, or Agreed to be Paid: None (vii) Sensitivity of Technology Notice of Proposed Issuance of Letter of Fourteen (14) AGM-114 Hellfire Contained in the Defense Article or Offer Pursuant to Section 36(b)(1) of the Missiles Defense Services Proposed to be Sold: Arms Export Control Act, as amended Non-MDE: See Attached Annex (i) Prospective Purchaser: Government Also included is communication (viii) Date Report Delivered to of the Czech Republic equipment, electronic warfare systems, Congress: May 3, 2019 (ii) Total Estimated Value: M197 20mm machine guns, Target Sight * As defined in Section 47(6) of the Major Defense Equipment * .. $180 million System, support equipment, spare Arms Export Control Act. Other ...... $ 25 million engine containers, spare and repair parts, tools and test equipment, POLICY JUSTIFICATION TOTAL ...... $205 million technical data and publications, Czech Republic—AH-1Z Attack (iii) Description and Quantity or personnel training and training Helicopters equipment, U.S. government and Quantities of Articles or Services under The Government of Czech Republic contractor engineering, technical, and Consideration for Purchase: has requested to buy four (4) AH-1Z logistics support services, and other Major Defense Equipment (MDE): attack helicopters, eight (8) T700-GE- related elements of logistics and Four (4) AH-1Z Attack Helicopters 701D engines (installed), eight (8) program support. Eight (8) T700-GE-701D Engines Honeywell Embedded Global (installed) (iv) Military Department: Navy (EZ-P- Positioning Systems with Inertial Eight (8) Honeywell Embedded Global SBF) Navigation (EGI) and Precise Positioning Positioning Systems with Navigation (v) Prior Related Cases, if any: None Service (PPS) (installed), and fourteen

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(14) AGM-114 Hellfire missiles. Also The principal contractors will be Bell which have an increased ballistic included is communication equipment, Helicopter, Textron, Fort Worth, Texas; survivability, and there is a semi- electronic warfare systems, M197 20mm and General Electric Company, Lynn, automatic folding system for stowage machine guns, Target Sight System, Massachusetts. There are no known aboard amphibious assault ships. support equipment, spare engine offset agreements in connection with 2. The Z-model has an integrated containers, spare and repair parts, tools this potential sale. avionics system (IAS) which includes and test equipment, technical data and Implementation of this proposed sale two (2) mission computers and an publications, personnel training and will require multiple trips by U.S. automatic flight control system. Each training equipment, U.S. government Government and contractor crew station has two (2) 8x6- inch and contractor engineering, technical, representatives to participate in program multifunction liquid crystal displays and logistics support services, and other and technical reviews plus training and (LCD) and one (1) 4.2x4.2-inch dual related elements of logistics and maintenance support in country, on a function LCD display. The program support. The total estimated temporary basis, for a period of twenty- communications suite will have NON- program cost is $205 million. four (24) months. It will also require COMSEC ARC 210 UHFNHF radios This proposed sale will support the three (3) contractor representatives to with associated communications foreign policy and national security of reside in country for a period of two (2) equipment. The navigation suite the United States by helping to improve years to support this program. includes a Precise Positioning System the security of a NATO partner that is There will be no adverse impact on (SPS) Honeywell embedded GPS inertial an important force for ensuring peace U.S. defense readiness as a result of this navigation system (EGI), a digital map and stability in Europe. The proposed proposed sale. system, and a low-airspeed air data sale will support the Czech Republic’s subsystem, which allows weapons Transmittal No. 19-34 need for its own self-defense and delivery when hovering. support NATO defense goals. Notice of Proposed Issuance of Letter of 3. The crew is equipped with the The Czech Republic is considering Offer Pursuant to Section 36(b)(1) of the Optimized Top Owl (OTO) helmet- either the UH-60M or the UH-1Y/AH-1Z Arms Export Control Act mounted sight and display system. The to replace its aging Mi-24 helicopters. Annex OTO has a Day Display Module (DDM) The Czech Republic intends to use these and a Night Display Module (NDM). The helicopters to modernize its armed Item No. vii AH-1Z has survivability equipment forces and strengthen its homeland (vii) Sensitivity of Technology: including the AN/AAR-47 Missile defense. This will contribute to the 1. The AH-1Z Helicopter is a twin- Warning and Laser Detection System, Czech Republic’s military goal of engine attack helicopter developed for AN/ALE-47 Counter Measure updating its capabilities while further the United States Marine Corps. The Dispensing System (CMOS) and the AN/ enhancing interoperability with the AH-1Z incorporates new rotor APR-39 Radar Warning Receiver to United States and NATO allies. The technology with upgraded military cover countermeasure dispensers, radar Czech Republic will have no difficulty avionics, weapons systems, and electro- warning, incoming/on-way missile absorbing these helicopters into its optical sensors in an integrated weapons warning and on-fuselage laser-spot armed forces. platform. It has improved survivability warning systems. The proposed sale of this equipment and can find targets at longer ranges and 4. The following performance data will not alter the basic military balance attack them with precision weapons. and technical characteristics are in the region. The four blades are made of composites, classified as annotated:

AH-1Z Airframe —Countermeasure capability ...... SECRET —Counter-countermeasures capability ...... SECRET —Vulnerability to countermeasures ...... SECRET —Vulnerability to electromagnetic pulse from nuclear environmental effects ...... SECRET —Radar signature ...... SECRET —Infrared signature ...... SECRET —Acoustic signature ...... CONFIDENTIAL —Ultraviolet signature ...... SECRET —Mission effectiveness against threats ...... CONFIDENTIAL Target Sight System (TSS) ...... Up to SECRET Other Systems — —Tactical Air Moving Map Capability (TAMMAC) ...... Up to SECRET — —Honeywell Embedded GPS & INS (EGI) w/SPS ...... Up to SECRET — —AN/ARC-210 RT 1939(A) ...... Up to SECRET — —APX-123A IFF Transponder ...... Up to SECRET — —VCR or DVR ...... Up to SECRET — —APR-39 Radar Warning System (RWS) ...... Up to SECRET — —AN/AAR-47 Missile/Laser Warning System (MLWS) ...... Up to SECRET — —AN/ALE-47 Countermeasures Dispenser Set (CMDS) ...... Up to SECRET

5. If a technologically advanced in the development of a system with made that Czech Republic can provide adversary were to obtain knowledge of similar or advanced capabilities. the same degree of protection for the the specific hardware and software 6. This sale is necessary in sensitive technology being released as elements, the information could be used furtherance of the U.S. foreign policy the U.S. Government. to develop countermeasures or and national security objectives 7. All defense articles and services equivalent systems which might reduce outlined in the enclosed Policy listed in this transmittal have been weapon system effectiveness or be used Justification. A determination has been

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authorized for release and export to ACTION: Arms sales notice. House of Representatives, Transmittal Czech Republic. 19–09 with attached Policy Justification [FR Doc. 2019–12510 Filed 6–12–19; 8:45 am] SUMMARY: The Department of Defense is and Sensitivity of Technology. BILLING CODE 5001–06–P publishing the unclassified text of an arms sales notification. Dated: June 7, 2019. Aaron T. Siegel, FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF DEFENSE Karma Job at [email protected] Alternate OSD Federal Register Liaison Officer, Department of Defense. or (703) 697–8976. Office of the Secretary BILLING CODE 5001–06–P SUPPLEMENTARY INFORMATION: This [Transmittal No. 19–09] 36(b)(1) arms sales notification is Arms Sales Notification published to fulfill the requirements of section 155 of Public Law 104–164 AGENCY: Defense Security Cooperation dated July 21, 1996. The following is a Agency, Department of Defense. copy of a letter to the Speaker of the

BILLING CODE 5001–06–C Transmittal No. 19-09 (ii) Total Estimated Value: Notice of Proposed Issuance of Letter of Major Defense Equipment * $2.987 billion Offer Pursuant to Section 36(b)(1) of the Other ...... $ .800 billion Arms Export Control Act, as amended (i) Prospective Purchaser: Kingdom of $3.787 billion Morocco

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(iii) Description and Quantity or contractor engineering, technical and six (26) AN/ALQ-211 AIDEWS; six (6) Quantities of Articles or Services under logistical support services; and other DB-110 Advanced Reconnaissance Consideration for Purchase: related elements of logistics and Systems; communications equipment; Major Defense Equipment (MDE): program support. spares and repair parts; support Twenty-five (25) F-16C/D Block 72 (iv) Military Department: Air Force equipment; personnel training and Aircraft (MO-D-SAH) training equipment; publications and Twenty-nine (29) Engines (Pratt & (v) Prior Related Cases, if any: MO-D- technical documentation; support and Whitney F100-229 (includes 4 spares) SAY test equipment, simulators; integration Twenty-six (26) APG-83 Active (vi) Sales Commission, Fee, etc., Paid, and test; U.S. Government and Electronically Scanned Array (AESA) Offered, or Agreed to be Paid: None contractor engineering, technical and Radars (includes 1 spare) (vii) Sensitivity of Technology logistical support services; and other Twenty-six (26) Modular Mission Contained in the Defense Article or related elements of logistics and Computers (includes 1 spare) Defense Services Proposed to be Sold: program support. The estimated cost is Twenty-six (26) Link-16 Multifunctional See Attached Annex. $3.787 billion. Information Distribution Systems – (viii) Date Report Delivered to This proposed sale will contribute to JTRS (MIDS-JTRS) with TACAN and Congress: March 22, 2019 the foreign policy and national security ESHI Terminals (includes 1 spare) *As defined in Section 47(6) of the of the United States by helping to Twenty-six (26) LN260 Embedded Arms Export Control Act. improve the security of a major Non- Global Navigation Systems (EGI) NATO ally that continues to be an (includes 1 spare) POLICY JUSTIFICATION important force for political stability Forty (40) Joint Helmet Mounted Cueing Morocco – F-16 Block 72 New Purchase and economic progress in North Africa. The proposed sale will contribute to Systems (JHMCS) (includes 5 spares) The Government of Morocco has Twenty-six (26) Improved Morocco’s self-defense capabilities. The requested to buy twenty-five (25) F-16C/ Programmable Display Generators purchase will improve interoperability D Block 72 aircraft; twenty-nine (29) (iPDG) (includes 1 spare) with the United States and other engines (Pratt & Whitney F100-229) Thirty (30) M61 Al Vulcan 20mm Guns regional allies and enhance Morocco’s (includes 4 spares); twenty-six (26) (includes 5 spares) ability to undertake coalition APG-83 Active Electronically Scanned Fifty (50) LAU-129 Multi-Purpose operations, as it has done in the past in Array (AESA) radars (includes 1 spare); Launchers flying sorties against ISIS in Syria and twenty-six (26) Modular Mission Forty (40) AIM-120C-7 Advanced Iraq. Morocco already operates an F-16 Computers (includes 1 spare); twenty- Medium Range Air-to-Air Missiles fleet and will have no difficulty six (26) Link-16 Multifunctional (AMRAAM) absorbing this aircraft and services into Information Distribution Systems — Forty (40) AIM-120C-7 Guidance its armed forces. Sections JTRS (MIDS-JTRS) with TACAN and The proposed sale of this equipment Three (3) GBU-38/54 JDAM Tail Kits ESHI Terminals (includes 1 spare); will not alter the basic military balance Fifty (50) MXU-650 Air Foil Group, twenty-six (26) LN260 Embedded Global in the region. GBU-49 Navigation Systems (EGI) (includes 1 The prime contractor will be Fifty (50) MAU-210 Enhanced Computer spare); forty (40) Joint Helmet Mounted Lockheed Corporation, Bethesda, Control Group (CCG), GBU-49,-50 Cueing Systems (JHMCS) (includes 5 Maryland. The purchaser typically Thirty-six (36) FMU-139 D/B Fuzes spares); twenty-six (26) Improved requests offsets. Any offset agreement Six (6) FMU-139 D/B (D-l) Inert Fuzes Programmable Display Generators will be defined in negotiations between Two (2) GBU-39 (T-l) GTVs (iPDG) (includes 1 spare); thirty (30) the purchaser and the contractor. Sixty (60) GBU-39/B Small Diameter M61 Al Vulcan 20mm Guns (includes 5 Implementation of this proposed sale Bombs (SDB I) spares); fifty (50) LAU-129 Multi- will require the assignment of 10 Ten (10) MAU-169L/B Computer Purpose Launchers; forty (40) AIM- additional U.S. Government and Control Group, GBU-10,-12,-16 120C-7 Advanced Medium Range Air- approximately 75 contract Ten (10) MXU-650C/B Air Foil Group, to-Air Missiles (AMRAAM); forty (40) representatives to Morocco. GBU-12 AIM-120C-7 Guidance Sections; three There will be no adverse impact on Twelve (12) MK82 Bombs, Filled Inert (3) GBU-38/54 JDAM Tail Kits; fifty (50) U.S. defense readiness as a result of this Four (4) BLU-109 Practice Bombs MXU-650 Air Foil Group, GBU-49; fifty proposed sale. Ten (10) MAU-169 CCG (D-2) (50) MAU-210 Enhanced Computer Twenty-six (26) AN/AAQ-33 Sniper Control Group (CCG), GBU-49,-50; Transmittal No. 19-09 Pods thirty-six (36) FMU-139 D/B Fuzes; six Notice of Proposed Issuance of Letter of Non-MDE: Also included are twenty- (6) FMU-139 D/B (D-l) Inert Fuzes; two Offer Pursuant to Section 36(b)(1) of the six (26) AN/ALQ-213 EW Management (2) GBU-39 (T-l) GTVs; sixty (60) GBU- Arms Export Control Act Systems; twenty-six (26) Advanced 39/B Small Diameter Bombs (SDB I); ten Annex Identification Friend/Foe; Secure (10) MAU-169L/B Computer Control Communications, Cryptographic Group, GBU-10,-12,-16; ten (10) MXU- Item No. vii Precision Navigation Equipment; one (1) 650C/B Air Foil Group, GBU-12; twelve (vii) Sensitivity of Technology: Joint Mission Planning System; twenty- (12) MK82 Bombs, Filled Inert; four (4) 1. This sale will involve the release of six (26) AN/ALQ-211 AIDEWS; six (6) BLU-109 Practice Bombs; ten (10) MAU- sensitive technology to Morocco. The F- DB-110 Advanced Reconnaissance 169 CCG (D-2); and twenty-six (26) AN/ 16C/D Block 72 weapon system is Systems; communications equipment; AAQ-33 Sniper Pods. Also included are unclassified, except as noted below. The spares and repair parts; support twenty-six (26) AN/ALQ-213 EW aircraft utilizes the F-16 airframe and equipment; personnel training and Management Systems; twenty-six (26) features advanced avionics and systems. training equipment; publications and Advanced Identification Friend/Foe; It will contain the Pratt & Whitney technical documentation; support and Secure Communications, Cryptographic F100-PW-229 EEP engine, AN/APG-83 test equipment, simulators; integration Precision Navigation Equipment; one (1) radar, digital flight control system, and test; U.S. Government and Joint Mission Planning System; twenty- embedded internal global navigation

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system, Joint Helmet Mounted Cueing information to be provided consists of Combined Interrogator Transponder Systems (JHMCS), internal and external that which is necessary for the (CIT) is a system capable of transmitting electronic warfare equipment, operation, maintenance, and repair and interrogating Mode V. It is Advanced IFF, LINK-16 datalink, (through intermediate level) of the data UNCLASSIFIED unless/until Mode IV operational flight trainer, and software link terminal, installed systems, and and/or Mode V operational evaluator computer programs. related software. parameters are loaded into the 2. Sensitive and/or classified (up to 5. Joint Helmet Mounted Cueing equipment. Elements of the IFF system SECRET) elements of the proposed F-16 System (JHMCS II) is a modified HGU- classified up to SECRET include V include hardware, accessories, 55/P helmet that incorporates a visor- software object code, operating components, and associated software: projected Heads-Up Display (HUD) to characteristics, parameters, and Link 16 (MIDS-JTRS) with TACAN and cue weapons and aircraft sensors to air technical data. Mode IV and Mode V ESHI Terminals, Multipurpose and ground targets. This system projects anti-jam performance specifications/ Launcher (LAU-129), AN/ALQ-213 EW visual targeting and aircraft performance data, software source code, algorithms, Management Systems, Advanced information on the back of the helmet’s and tempest plans or reports will not be Identification Friend or Foe (AIFF), visor, enabling the pilot to monitor this offered, released, discussed, or Cryptographic Appliques (KIV-78), information without interrupting his demonstrated. Dual-Band AN/ARC-238 UHF/VHF field of view through the cockpit 12. The Modular Mission Computer Radios, KY-58M COMSEC Secure Voice canopy. This provides improvement for (MMC) is the central aircraft computer Processors, Joint Mission Planning close combat targeting and engagement. of the F-16. It serves as the hub for all System, F-16V Simulator, AN/ALQ-211 Hardware is UNCLASSIFIED; technical aircraft subsystems and avionics data AIDEWS Pods, Avionics I-Level Test data and documents are classified up to transfer. The hardware and software are Station, DB-110 Advanced SECRET. classified SECRET. Reconnaissance Systems, F-110 engine 6. KY-58M is a lightweight terminal 13. The Improved Programmable infrared signature, Sniper (AN/AAQ-33- for secure voice and data Display Generator (iPDG) and color 33) targeting pods, and Advanced communications. The KY-58M provides multifunction displays utilize Interference Blanker Unit. Additional wideband/ narrowband half duplex ruggedized commercial liquid crystal sensitive areas include operating communication. The KY-58M provides display technology designed to manuals and maintenance technical flexible interface capability. Operating withstand the harsh environment found orders containing performance in tactical ground, marine and airborne in modern fighter cockpits. The display information, operating and test applications, the KY-58M enables generator is the fifth generation graphics procedures, and other information secure communication with a broad processor for the F-16. Through the use related to support operations and repair. range of radio and satellite equipment. of state-of-the-art microprocessors and The hardware, software, and data 7. Joint Mission Planning System graphics engines, it provides orders of identified are classified to protect (JMPS) is a multi-platform PC based magnitude increases in throughput, vulnerabilities, design and performance mission planning system. JMPS memory, and graphics capabilities. The parameters and other similar critical hardware is UNCLASSIFIED but the hardware and software are information. software is classified up to SECRET. UNCLASSIFIED. 3. The AN/APG-83 is an Active 8. AN/ALQ-211 Airborne Integrated 14. The KIV-78 is a crypto applique Electronically Scanned Array (AESA) Defensive Electronic Warfare Suite for Mode 5 IFF. The hardware is radar upgrade or the F-16. It includes (AIDEWS) provides passive radar UNCLASSIFIED unless loaded with higher processor power, higher warning, wide spectrum RF jamming, Mode 4 and/or Mode 5 classified transmission power, more sensitive and control and management of the elements. receiver electronics, and Synthetic entire EW system. It is an externally 15. The SNIPER (AN/AAQ-33) Aperture Radar (SAR), which creates mounted Electronic Warfare (EW) pod. targeting system is UNCLASSIFIED and higher-resolution ground maps from a The commercially developed system contains technology representing the greater distance than existing software and hardware is latest state-of-the-art in electro-optical mechanically scanned array radars (e.g., UNCLASSIFIED. The system is clarity and haze, and low light targeting APG-68). The upgrade features an classified SECRET when loaded with a capability. Information on performance increase in detection range of air targets, US derived EW database. and inherent vulnerabilities is classified increases in processing speed and 9. The DB-110 is a tactical airborne SECRET. Software (object code) is memory, as well as significant reconnaissance system. This capability classified CONFIDENTIAL. Overall improvements in all modes. The highest permits reconnaissance missions to be system classification is SECRET. classification of the radar is SECRET. conducted from very short range to long 16. The AN/ARC-238 radio with 4. The Multifunctional Information range by day or night. It is an under-the- HAVE QUICK II is a voice Distribution System (MIDS) is an weather, podded system that produces communications radio system and advanced Link-16 command, control, high resolution, dual-band electro- considered UNCLASSIFIED without communications, and intelligence (C3I) optical and infrared imagery. The DB- HAVE QUICK II. HAVE QUICK II system incorporating high-capacity, 110 system is UNCLASSIFIED. employs cryptographic technology that jam-resistant, digital communication 10. Embedded GPS-INS (EGI) LN-260 is classified SECRET. Classified links for exchange of near real-time is a sensor that combines GPS and elements include operating tactical information, including both data inertial sensor inputs to provide characteristics, parameters, technical and voice, among air, ground, and sea accurate location information for data, and keying material. elements. The MIDS terminal hardware, navigation and targeting. The EGI LN- 17. The LAU-129 Guided Missile publications, performance 260 is UNCLASSIFIED. The GPS Launcher is capable of launching a specifications, operational capability, cryptovariable keys needed for highest single AIM-9 (Sidewinder) family of parameters, vulnerabilities to GPS accuracy are classified up to missile or AIM-120 Advanced Medium countermeasures, and software SECRET. Range Air-to-Air Missile (AMRAAM). documentation are classified 11. The AN/APX-126 Advanced The LAU-129 launcher provides CONFIDENTIAL. The classified Identification Friend or Foe (AIFF) mechanical and electrical interface

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between missile and aircraft. There are SECRET; technical data for JDAM is by a variety of laser target markers or five versions produced strictly for classified up to SECRET. The GBU-31/ designators. A LGB consists of a foreign military sales. The only 38 contain a GPS Receiver Card with Computer Control Group (CCG) that is difference between these versions is the Selective Availability Anti-Spoofing not warhead specific, and a warhead material they are coated with or the Module (SAASM). specific Air Foil Group (AFG) that color of the coating. This device is 21. GBU-54/56 (LIDAM) are 500 attaches to the nose and tail of a GP UNCLASSIFIED. pound and 2,000 pound JDAM bomb body. The PWII can use either the 18. The AIM-120C-7 Advanced respectivelys, which incorporates all the FMU-152 or FMU-139D/B fuzes. The Medium Range Air-to-Air Missile capabilities of the JDAM and adds a overall weapon is CONFIDENTIAL. The (AMRAAM) is a supersonic, air precision laser guidance set. The Laser- GBU-10 is a 2,0001b (MK-84 or BLU-117 launched, aerial intercept, guided JDAM (LIDAM) gives the weapon B/B) GP bomb body fitted with the missile featuring digital technology and system an optional semi-active laser MXU-651 AFG, and MAU-209C/B or microminiature solid-state electronics. guidance in addition to the correct GPS/ MAU-169 L/B CCG to guide to its laser AMRAAM capabilities include INS guidance which allows for striking designated target. The GBU-12 is a lookdown/shootdown, multiple moving targets. The LJDAM AUR and all 5001b (MK-82 or BLU-111 B/B) GP launches against multiple targets, of its components are SECRET; resistance to electronic technical data for JDAM is classified up bomb body fitted with the MXU-650 countermeasures, and interception of to SECRET. The GBU-54/56 contain a AFG, and MAU-209C/B or MAU-168L/ high- and low-flying maneuvering GPS Receiver Card with Selective B CCGs to guide to its laser designated targets. The AMRAAM AUR is classified Availability Anti-Spoofing Module target. The GBU-16 is a 1,0001b (BLU- CONFIDENTIAL, major components (SAASM). 110 B/B or MK-83) GP bomb body fitted and subsystems range from 22. GBU-49 and GBU-50 Enhanced with the MXU-650 airfoil and MAU- UNCLASSIFIED to CONFIDENTIAL, Paveway II (EP II) are 5001bs/20001bs 209C/B or MAU-168L/B CCGs to guide and technical data and other dual mode laser and GPS guided to its laser designated target. The GBU- documentation are classified up to munitions respectively. Information 58 is a 2501b (BLU-110 B/B or MK-83) SECRET. revealing target designation tactics and GP bomb body fitted with the MXU-650 19. Joint Direct Attack Munitions associated aircraft maneuvers, the airfoil and MAU-209C/B or MAU-168L/ (JDAM) (General Overview) is a Joint probability of destroying specific/ B CCGs to guide to its laser designated Service weapon which uses an onboard peculiar targets, vulnerabilities target. GPS-aided Inertial Navigation System regarding countermeasures and the 25. M61 20mm Vulcan Cannon: The (INS) Guidance Set with a MK 82, MK electromagnetic environment is 20mm Vulcan cannon is a six barreled 83, MK 84, BLU-109, BLU-110, BLU- classified SECRET. Information 111, BLU-117, BLU-126 (Navy) or BLU- revealing the probability of destroying automatic cannon chambered in 129 warhead. The Guidance Set, when common/unspecified targets, the 20x120mm with a cyclic rate of fire combined with a warhead and number of simultaneous lasers the laser from 2,500-6,000 shots per minute. This appropriate fuze, and tailkit forms a seeker head can discriminate, and data weapon is a hydraulically powered air JDAM Guided Bomb Unit (GBU). The on the radar/infrared frequency is cooled Gatling gun used to damage/ JDAM Guidance Set gives these bombs classified CONFIDENTIAL. destroy aerial targets, suppress/ adverse weather capability with 23. GBU-39 (2501b) Small Diameter incapacitate personnel targets and improved accuracy. The tail kit contains Bomb (SDB-I) The Guided Bomb Unit- damage or destroy moving and an Inertial Navigation System (INS) 39 (GBU-39/B) small diameter bomb stationary light materiel targets. The guidance/Global Positioning System (SDB) is a 250-lb class precision guided M61 and its components are (GPS) guidance to provide highly munition that is intended to provide UNCLASSIFIED. accurate weapon delivery in any aircraft with an ability to carry a high 26. If a technologically advanced ‘‘flyable‘‘ weather. The INS, using number of bombs. The weapon offers adversary were to obtain knowledge of day or night, adverse weather, precision updates from the GPS, helps guide the the specific hardware and software bomb to the target via the use of engagement capability against pre- elements, the information could be used movable tail fins. The JDAM weapon planned fixed or stationary soft, non- to develop countermeasures that might can be delivered from modest standoff hardened, and hardened targets, and reduce weapon system effectiveness or ranges at high or low altitudes against provides greater than 50 NM standoff a variety of land and surface targets range. Aircraft are able to carry four be used in the development of a system during the day or night. After release, SDBs in place of one 2,000-lb bomb. The with similar or advanced capabilities. JDAM autonomously guides to a target, SDB is equipped with a GPS-aided 27. A determination has been made using the resident GPS-aided INS inertial navigation system to attack that Morocco can provide substantially guidance system. JDAM is capable of fixed, /stationary targets such as fuel the same degree of protection for the receiving target coordinates via depots and bunkers. The SDB and all of sensitive technology being released as preplanned mission data from the its components are SECRET; technical the U.S. Government. This sale is delivery aircraft, by onboard aircraft data is classified up to SECRET. necessary in furtherance of the U.S. sensors (i.e. FLIR, Radar, etc.) during 24. GBU-10/12/16/58 Paveway II foreign policy and national security captive carry, or from a third party (PWII), a Laser Guided Bomb (LGB), is objectives outlined in the Policy source via manual or automated aircrew a maneuverable, free-fall weapon that Justification. cockpit entry. The JDAM as an All Up guides to a spot of laser energy reflected Round is SECRET; technical data for off of the target. The LGB is delivered 28. All defense articles and services JDAM is classified up to SECRET. like a normal general purpose (GP) listed in this transmittal are authorized 20. GBU-31/38 (JDAM) are 2,000 warhead and the semi-active guidance for release and export to the pound and 500 pound JDAMs corrects for many of the normal errors Government of Morocco. respectively. The JDAM All Up Round inherent in any delivery system. Laser [FR Doc. 2019–12443 Filed 6–12–19; 8:45 am] (AUR) and all of its components are designation for the LGB can be provided BILLING CODE 5001–06–P

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DEPARTMENT OF EDUCATION Full Text of Announcement views inform OESE’s policy decisions I. Funding Opportunity Description related to the priorities, requirements, Applications for New Awards; State definitions, and selection criteria that Tribal Education Partnership (STEP)— Purpose of Program: The purposes of govern this competition. OIE will Tribal Education Agency Development the STEP program are to: (1) Promote respond to the Tribal Consultation in a Discretionary Grant Program (STEP Tribal self-determination in education; separate correspondence. At the Tribal Development) (2) improve the academic achievement Consultation there was significant of Indian children and youth; and (3) interest in providing opportunities for AGENCY: Office of Elementary and promote the coordination and Tribes that do not have a TEA to create Secondary Education, Department of collaboration of Tribal educational one. This notice respects this Tribal Education. agencies (TEAs) with State educational interest by is establishing an invitational agencies (SEAs) and local educational ACTION: Notice. priority, definitions, and requirements agencies (LEAs) to meet the unique consistent with supporting the creation education and culturally related SUMMARY: The Department of Education of new TEAs. academic needs of Indian students. In addition, the Department remains (Department) is issuing a notice inviting Background: applications for fiscal year (FY) 2019 for STEP was revised under section 6132 focused on supporting innovative State Tribal Education Partnership of the Elementary and Secondary strategies for improving delivery of (STEP), Catalog of Federal Domestic Education Act (ESEA) to include one- educational services to the Nation’s Assistance (CFDA) number 84.415A. year grants to Indian Tribes (as defined students, consistent with the Secretary’s This notice relates to the approved in this notice) that do not have a TEA, Supplemental Priority entitled information collection under OMB or Tribal organizations approved by an ‘‘Promoting Innovation and Efficiency, control number 1894–0006. Indian Tribe that do not have a TEA, to Streamlining Education with an Increased Focus on Improving Student DATES: develop a TEA. Outcomes, and Providing Increased Applications Available: June 13, 2019. Our intent for this competition is to provide one-year grants to support Value to Students and Taxpayers’’ (83 Deadline for Notice of Intent to Apply: Tribes’ creation of TEAs (as defined in FR 9096). In the context of the FY 2019 June 28, 2019. this notice) so that they will be eligible STEP competition, we are especially Deadline for Transmittal of to apply for a three-year STEP grant in interested in Tribes’ and Tribal Applications: August 12, 2019. future fiscal years. Therefore, we have organizations’ approaches to forming Deadline for Intergovernmental designed elements of this competition to TEAs that are well-positioned to deliver Review: October 11, 2019. maximize alignment between the one- services that will meet the specific needs of the Native students in their Pre-Application Webinar Information: and three-year programs. For example, communities, further promoting Tribal The Department will hold a pre- in order to receive funding, an applicant self-determination in education. We application meeting via webinar for must demonstrate that it has at least one believe that applicants may be better prospective applicants on a date to be full-time employee on staff who works positioned to create successful and determined. Individuals interested in exclusively on education issues. We sustainable TEAs if they work closely attending this meeting are encouraged to believe that it will be critically with other organizations in the pre-register by emailing their name, important for Indian Tribes receiving a community from the beginning. For organization, and contact information one-year STEP grant to have staff in example, we believe that engaging with the subject heading ‘‘STEP place from the beginning of their meaningfully with community GRANTS PRE-APPLICATION projects in order to successfully meet stakeholders may help Tribes lay the MEETING’’ to [email protected]. program outcomes and have a TEA in groundwork for how their TEAs will There is no registration fee for attending place by the end of the project period develop school improvement plans or this meeting. and, thus, be eligible to compete for a three-year grant in future fiscal years. native language assessments, or revise ADDRESSES: For the addresses for We also require that, at the end of the schoolwide project plans, under Title I, obtaining and submitting an one-year project, grantees be able to Part A of the ESEA. Therefore, we are application, please refer to our Common demonstrate that they meet the program including an invitational priority in this Instructions for Applicants to outcomes and have at least two other competition for applicants that propose Department of Education Discretionary characteristics of a successful TEA, in to engage with other stakeholders in the Grant Programs published in the addition to having at least one full-time community, such as nonprofit Federal Register on February 13, 2019 employee dedicated to education issues. organizations, private organizations, and (84 FR 3768), and available at In accordance with the Department’s local businesses, in designing their TEA. www.govinfo.gov/content/pkg/FR-2019- commitment to engage in regular and Priority: Under this competition we 02-13/pdf/2019-02206.pdf. meaningful consultation and are particularly interested in FOR FURTHER INFORMATION CONTACT: collaboration with Indian Tribes, the applications that address the following Shahla Ortega, U.S. Department of Office of Elementary and Secondary priority. Education, 400 Maryland Avenue SW, Education (OESE), Office of Indian Invitational Priority: For FY 2019 and Room 3W245, Washington, DC 20202– Education (OIE), and the White House any subsequent year in which we make 6450. Telephone: (202) 453–5602. Initiative on American Indian and awards from the list of unfunded Email: [email protected]. Alaska Native Education conducted a applications from this competition, this If you use a telecommunications Tribal Consultation regarding the priority is an invitational priority. device for the deaf (TDD) or a text reauthorized STEP program. Consistent Under 34 CFR 75.105(c)(1) we do not telephone (TTY), call the Federal Relay with the Department’s trust give an application that meets this Service (FRS), toll-free, at 1–800–877– responsibility to Tribes and its Tribal invitational priority a competitive or 8339. Consultation Policy, OESE consulted absolute preference over other with elected officials of federally applications. SUPPLEMENTARY INFORMATION: recognized Tribes to ensure that their This priority is:

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Promoting Sustainability through territorial jurisdiction of the applicant provisions of section 7(b) of the Indian Community Engagement. that will be affected by the activities to Self-Determination and Education This priority is for applicants who be conducted under the grant; Assistance Act (Pub. L. 93–638). That propose to develop their TEA in (i) describe the consultation with such section requires that, to the greatest coordination with local stakeholders, other education entities in the operation extent feasible, a grantee— such as nonprofit organizations, private and evaluation of the activities (1) give to Indians preferences and organizations, and local businesses, for conducted under the grant; and opportunities for training and the purposes of (1) improving alignment (j) demonstrate that there will be employment in connection with the of planned educational services to be adequate resources provided under this administration of the grant; and delivered by the TEA with the needs of program or from other sources to (2) give to Indian organizations and to Native students in the community and complete the activities for which Indian-owned economic enterprises, as (2) ensuring sustained community assistance is sought. defined in section 3 of the Indian engagement at the end of the 12-month Program Requirements: Applicants Financing Act of 1974 (25 U.S.C. project. that receive grants under this program 1452(e)), preference in the award of Requirements: We are establishing must meet the following requirements: contracts in connection with the these application and program (a) Each grantee must use program administration of the grant. requirements for the FY 2019 grant funds to create a TEA and meet the (b) For purposes of this section, an competition, and any subsequent year in program outcomes in paragraph (c). Indian is a member of any federally which we make awards from the list of (b) Grantees must engage in recognized Indian tribe. unfunded applications from this collaborative efforts that will allow the Definitions: The definitions of ‘‘Indian competition, in accordance with section TEA to build partnerships with SEAs Tribe’’ and ‘‘Tribal educational agency’’ 437(d)(1) of the General Education and LEAs. are from section 6132 of the ESEA. The Provisions Act (GEPA), 20 U.S.C. (c) Program outcomes: At the end of definition of ‘‘relevant outcome’’ is from 1232(d)(1). the project period, grantees must 34 CFR 77.1(c). We are establishing the Application Requirements: Each demonstrate that their TEA has at least definition of ‘‘Tribal Organization’’ for application must contain a plan that one full-time staff member dedicated to the FY 2019 grant competition, and any includes the following: education issues and at least two of the subsequent year in which we make (a) A description of the objectives to following: awards from the list of unfunded be achieved and the activities to be (1) A tribally sanctioned education applications from this competition, in conducted to develop a TEA and to code that is informed by available accordance with section 437(d)(1) of meet the program outcomes in program research on improving Indian student GEPA, 20 U.S.C. 1232(d)(1). The requirement (c) by the end of this grant outcomes. following definitions apply to this period; (2) Tribally sanctioned and culturally competition: (b) a timetable for accomplishing each relevant curricula and professional Indian Tribe means a federally- of the objectives and activities that the development strategies focused on recognized or a State-recognized Tribe. applicant will undertake to achieve the culturally relevant instruction. Relevant outcome means the student program outcomes in program (3) A partnership with an SEA or LEA outcome(s) or other outcome(s) the key requirement (c); that— project component is designed to (c) an assurance that the applicant (i) Promotes Tribal self-determination achieve, consistent with the specific does not have a TEA; in education; goals of the program. (d) a description of, and evidence of, (ii) Is designed to improve the Tribal educational agency (TEA) past collaboration with State and local academic achievement of Indian means the agency, department, or education entities; children and youth; instrumentality of an Indian Tribe that (e) evidence that demonstrates the (iii) Promotes coordination and is primarily responsible for supporting applicant has resources, including at collaboration with SEAs and LEAs to Tribal students’ elementary and least one full-time staff member meet the unique education and secondary education. assigned exclusively to support culturally related academic needs of Note: For purposes of this program, development of the expertise, staffing, Indian students; this term also includes an agency, and infrastructure needed to establish (iv) Builds capacity to administer and department, or instrumentality of more and sustain a TEA, and may include coordinate education programs, and to than one Tribe, if the Tribes are in close funding or in-kind resources from the improve the relationship and geographic proximity to each other. Tribe dedicated to supporting Tribal coordination with SEAs and LEAs that Tribal organization means an Indian students’ education; educate students from the Tribe; organization that— (f) a description of the method to be (v) Includes training and support from (1) Is legally established— used for evaluating the effectiveness of the SEA and LEA to the TEA, in areas (i) By Tribal or inter-Tribal charter or the activities for which assistance is such as data collection and analysis, in accordance with State or Tribal law; sought and for determining whether grants management and monitoring, and such objectives are achieved; and fiscal accountability, and other areas as (ii) With appropriate constitution, by- (g) for applicants that are Tribal needed; and laws, or articles of incorporation; organizations (as defined in this notice), (vi) Includes training and support (2) Includes in its purposes the evidence of Tribal approval from every from the TEA to the SEA and LEA in promotion of the education of Indians; Tribe for which it is applying to be the areas related to Tribal history, language, (3) Is controlled by a governing board, applicant on their behalf. or culture. the majority of which is Indian; Under ESEA section 6132(d)(3), in (4) Committed resources (e.g., (4) If located on an Indian reservation, their applications, applicants must funding, staff, office space) from the operates with the sanction of or by also— Tribe or Tribes. charter from the governing body of that (h) demonstrate that the eligible ISDEAA Hiring Preference: reservation; applicant has consulted with other (a) Awards that are primarily for the (5) Is neither an organization or education entities, if any, within the benefit of Indians are subject to the subdivision of, nor under the direct

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control of, any institution of higher Estimated Number of Awards: 3–10. application narrative, including titles, education; and Note: The Department is not bound by headings, footnotes, quotations, (6) Is not an agency of State or local any estimates in this notice. references, and captions, as well as all government. Project Period: Up to 12 months. text in charts, tables, figures, and Waiver of Proposed Rulemaking: III. Eligibility Information graphs. Under the Administrative Procedure Act • Use a font that is either 12 point or (5 U.S.C. 553) the Department generally 1. Eligible Applicants: Indian Tribes larger or no smaller than 10 pitch offers interested parties the opportunity that do not have a TEA, Tribal (characters per inch). to comment on proposed requirements organizations approved by an Indian • Use one of the following fonts: and definitions. Section 437(d)(1) of Tribe that do not have a TEA, or a Times New Roman, Courier, Courier GEPA, however, allows the Secretary to consortium of such entities. New, or Arial. exempt from rulemaking requirements 2. Cost Sharing or Matching: This The recommended page limit does not regulations governing the first grant program does not require cost sharing or apply to the cover sheet; the budget competition under a new or matching. section, including the narrative budget 3. Supplement-Not-Supplant: This substantially revised program authority. justification; the assurances and program involves supplement-not- This is the first grant competition for certifications; or the one-page abstract, supplant funding requirements. this program under section 6132 of the the resumes, the bibliography, or the 4. Subgrantees: A grantee under this ESEA (20 U.S.C. 7452), and, therefore, letters of support. However, the competition may not award subgrants to qualifies for this exemption. In order to recommended page limit does apply to entities to directly carry out project ensure timely grant awards, the all of the application narrative. activities described in its application. Secretary has decided to forgo public 5. Notice of Intent to Apply: The comment on the requirements and IV. Application and Submission Department will be able to review grant definitions under section 437(d)(1) of Information applications more efficiently if we know GEPA. These requirements and 1. Application Submission the approximate number of applicants definitions will apply to the FY 2019 that intend to apply. Therefore, we competition, and any subsequent year in Instructions: Applicants are required to follow the Common Instructions for strongly encourage each potential which we make awards from the list of applicant to notify us of their intent to unfunded applications from this Applicants to Department of Education Discretionary Grant Programs, submit an application. To do so, please competition. email the program contact person listed Program Authority: The program is published in the Federal Register on February 13, 2019 (84 FR 3768), under FOR FURTHER INFORMATION authorized under section 6132(c)(1) of CONTACT with the subject line ‘‘Intent to the ESEA, Grants To Tribes For available at www.govinfo.gov/content/ pkg/FR-2019-02-13/pdf/2019-02206.pdf, Apply,’’ and include the applicant’s Education, Administrative Planning, name and a contact person’s name and Development, And Coordination, 20 which contain information on how to submit an application. email address. Applicants that do not U.S.C. 7452. submit a notice of intent to apply may Applicable Regulations: (a) The 2. Intergovernmental Review: This program is subject to Executive Order still apply for funding; applicants that Education Department General do submit a notice of intent to apply are Administrative Regulations in 34 CFR 12372 and the regulations in 34 CFR part 79. Information about not bound to apply or bound by the parts 75, 77, 79, 81, 82, 84, 86, 97, 98, information provided. and 99. (b) The Office of Management Intergovernmental Review of Federal and Budget Guidelines to Agencies on Programs under Executive Order 12372 V. Application Review Information Government-wide Debarment and is in the application package for this program. 1. Selection Criteria: The selection Suspension (Non-procurement) in 2 criteria for this program are from 34 CFR CFR part 180, as adopted and amended 3. Funding Restrictions: Funding restrictions are outlined in section 6132 75.210. We will award up to 100 points as regulations of the Department in 2 to an application under the selection CFR part 3485. (c) The Uniform (20 U.S.C.7452(3)(e)): (1) An Indian Tribe may not receive funds under this criteria; the total possible points for Administrative Requirements, Cost each selection criterion are noted in Principles, and Audit Requirements for section if such Tribe receives funds under section 1140 of the Education parentheses. Federal Awards in 2 CFR part 200, as a. Quality of the Project Design adopted and amended in 2 CFR part Amendments of 1978 (20 U.S.C. 2020); and (2) no funds under this section may (Maximum 45 points). The Secretary 3474. considers the quality of the design of the Note: The regulations in 34 CFR part be used to provide direct services. proposed project. In determining the 79 apply to all applicants except We reference additional regulations quality of the design of the proposed federally recognized Indian Tribes. outlining funding restrictions in the Applicable Regulations section of this project, the Secretary considers the II. Award Information notice. following factors: Type of Award: Discretionary grants. 4. Recommended Page Limit: (i) The extent to which the goals, Estimated Available Funds: The application narrative is where objectives, and outcomes to be achieved $1,600,000. you, the applicant, address the selection by the proposed project are clearly Contingent upon the availability of criteria that reviewers use to evaluate specified and measurable. (up to 10 funds and the quality of applications, your application. We recommend that points) we may make additional awards in you (1) limit the application narrative to (ii) The extent to which the proposed subsequent years from the list of no more than 50 pages and (2) use the project will integrate with or build on unfunded applications from this following standards: similar or related efforts to improve competition. • A ‘‘page’’ is 8.5″ x 11″, on one side relevant outcomes (as defined in this Estimated Range of Awards: $150,000 only, with 1″ margins at the top, bottom, notice), using existing funding streams to $500,000. and both sides. from other programs or policies Estimated Average Size of Awards: • Double-space (no more than three supported by community, State, and $350,000. lines per vertical inch) all text in the Federal resources. (up to 10 points)

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(iii) The extent to which the proposed In addition, in making a competitive version of your GAN. We may notify project will establish linkages with grant award, the Secretary also requires you informally, also. other appropriate agencies and various assurances, including those If your application is not evaluated or organizations providing services to the applicable to Federal civil rights laws not selected for funding, we notify you. target population. (up to 10 points) that prohibit discrimination in programs 2. Administrative and National Policy (iv) The extent to which the proposed or activities receiving Federal financial Requirements: We identify project encourages parental assistance from the Department (34 CFR administrative and national policy involvement. (up to 10 points) 100.4, 104.5, 106.4, 108.8, and 110.23). requirements in the application package (v) The extent to which the methods 3. Risk Assessment and Specific and reference these and other of evaluation are appropriate to the Conditions: Consistent with 2 CFR requirements in the Applicable context within which the project 200.205, before awarding grants under Regulations section of this notice. operates. (up to 5 points) this program, the Department conducts We reference the regulations outlining b. Adequacy of Resources (Maximum a review of the risks posed by the terms and conditions of an award in 40 points). The Secretary considers the applicants. Under 2 CFR 3474.10, the the Applicable Regulations section of adequacy of resources for the proposed Secretary may impose specific this notice and include these and other project. In determining the adequacy of conditions and, in appropriate specific conditions in the GAN. The GAN also incorporates your approved resources for the proposed project, the circumstances, high-risk conditions on a application as part of your binding Secretary considers: grant if the applicant or grantee is not commitments under the grant. (i) The adequacy of support, including financially stable; has a history of 3. Open Licensing Requirements: facilities, equipment, supplies, and unsatisfactory performance; has a Unless an exception applies, if you are other resources, from the applicant financial or other management system awarded a grant under this competition, organization or the lead applicant that does not meet the standards in 2 you will be required to openly license organization. (up to 10 points) CFR part 200, subpart D; has not to the public grant deliverables created (ii) The qualifications, including fulfilled the conditions of a prior grant; in whole, or in part, with Department relevant training and experience, of the or is otherwise not responsible. grant funds. When the deliverable project director or principal 4. Integrity and Performance System: consists of modifications to pre-existing investigator. (up to 10 points) If you are selected under this works, the license extends only to those (iii) The qualifications, including competition to receive an award that modifications that can be separately relevant training and experience, of key over the course of the project period identified and only to the extent that project personnel. (up to 5 points) may exceed the simplified acquisition open licensing is permitted under the (iv) The qualifications, including threshold (currently $250,000), under 2 terms of any licenses or other legal relevant training and experience, of CFR 200.205(a)(2) we must make a restrictions on the use of pre-existing project consultants or subcontractors. judgment about your integrity, business works. Additionally, a grantee or (up to 5 points) ethics, and record of performance under subgrantee that is awarded competitive (v) The potential for continued Federal awards—that is, the risk posed grant funds must have a plan to support of the project after Federal by you as an applicant—before we make disseminate these public grant funding ends, including, as appropriate, an award. In doing so, we must consider deliverables. This dissemination plan the demonstrated commitment of any information about you that is in the can be developed and submitted after appropriate entities to such support. (up integrity and performance system your application has been reviewed and to 10 points) (currently referred to as the Federal selected for funding. For additional c. Quality of the Management Plan Awardee Performance and Integrity information on the open licensing (Maximum 15 points). The Secretary Information System (FAPIIS)), requirements please refer to 2 CFR considers the quality of the management accessible through the System for 3474.20. plan for the proposed project. In Award Management. You may review 4. Reporting: (a) If you apply for a determining the quality of the and comment on any information about grant under this competition, you must management plan for the proposed yourself that a Federal agency ensure that you have in place the project, the Secretary considers the previously entered and that is currently necessary processes and systems to extent to which the time commitments in FAPIIS. comply with the reporting requirements of the project director and principal Please note that, if the total value of in 2 CFR part 170 should you receive investigator and other key project your currently active grants, cooperative funding under the competition. This personnel are appropriate and adequate agreements, and procurement contracts does not apply if you have an exception to meet the objectives of the proposed from the Federal Government exceeds under 2 CFR 170.110(b). project. (up to 15 points) $10,000,000, the reporting requirements (b) At the end of your project period, 2. Review and Selection Process: We in 2 CFR part 200, Appendix XII, you must submit a final performance remind potential applicants that in require you to report certain integrity report, including financial information, reviewing applications in any information to FAPIIS semiannually. as directed by the Secretary. If you discretionary grant competition, the Please review the requirements in 2 CFR receive a multiyear award, you must Secretary may consider, under 34 CFR part 200, Appendix XII, if this grant submit an annual performance report 75.217(d)(3), the past performance of the plus all the other Federal funds you that provides the most current applicant in carrying out a previous receive exceed $10,000,000. performance and financial expenditure award, such as the applicant’s use of information as directed by the Secretary VI. Award Administration Information funds, achievement of project under 34 CFR 75.118. The Secretary objectives, and compliance with grant 1. Award Notices: If your application may also require more frequent conditions. The Secretary may also is successful, we notify your U.S. performance reports under 34 CFR consider whether the applicant failed to Representative and U.S. Senators and 75.720(c). For specific requirements on submit a timely performance report or send you a Grant Award Notification reporting, please go to www.ed.gov/ submitted a report of unacceptable (GAN); or we may send you an email fund/grant/apply/appforms/ quality. containing a link to access an electronic appforms.html.

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(c) Under 34 CFR 75.250(b), the applications for fiscal year (FY) 2019 for rehabilitation (VR) services, including Secretary may provide a grantee with American Indian Vocational culturally appropriate services, to additional funding for data collection Rehabilitation Services—Catalog of American Indians with disabilities who analysis and reporting. In this case, the Federal Domestic Assistance (CFDA) reside on or near Federal or State Secretary establishes a data collection Number 84.250M—to partner with reservations, consistent with such period. Indian Tribes in providing eligible eligible individual’s strengths, 5. Performance Measure: American Indians with disabilities with resources, priorities, concerns, abilities, The number of Tribes that create a vocational rehabilitation services. This capabilities, interests, and informed TEA by the end of the grant period. notice relates to the approved choice, so that such individual may VII. Other Information information collection under OMB prepare for, and engage in, high-quality control number 1820–0018. employment that will increase Accessible Format: Individuals with DATES: Applications Available: June 13, opportunities for economic self- disabilities can obtain this document 2019. sufficiency. and a copy of the application package in Deadline for Transmittal of Priority: In accordance with 34 CFR an accessible format (e.g., braille, large Applications: July 29, 2019. 75.105(b)(2)(iv), this priority is from print, audiotape, or compact disc) on Pre-Application Webinar Information: section 121(b)(4) of the Rehabilitation request to the program contact person No later than June 18, 2019, OSERS will Act of 1973, as amended (29 U.S.C. listed under FOR FURTHER INFORMATION post pre-recorded informational 741(b)(4)). CONTACT. webinars designed to provide technical Competitive Preference Priority: For Electronic Access to This Document: assistance to interested applicants. The FY 2019, and any subsequent year in The official version of this document is webinars will be available at which we make awards from the list of the document published in the Federal www2.ed.gov/fund/grant/apply/rsa/ unfunded applications from this Register. You may access the official new-rsa-grants.html. competition, this priority is a edition of the Federal Register and the Pre-Application Q & A Blog: No later competitive preference priority. Under Code of Federal Regulations at than June 18, 2019, OSERS will open a 34 CFR 75.105(c)(2)(i), we award an www.govinfo.gov. At this site you can blog where interested applicants may additional five points to an application view this document, as well as all other post questions about the application that meets this priority. documents of this Department requirements for this competition and This priority is: Continuation of published in the Federal Register, in where OSERS will post answers to the Previously Funded Tribal Programs. text or Portable Document Format questions received. OSERS will not In making new awards under this (PDF). To use PDF you must have respond to questions unrelated to the program, we give priority to Adobe Acrobat Reader, which is application requirements for this applications for the continuation of available free at the site. competition. The blog will be available programs that have been funded under You may also access documents of the the AIVRS program. Department published in the Federal at www2.ed.gov/fund/grant/apply/rsa/ Register by using the article search new-rsa-grants.html and will remain Program Authority: 29 U.S.C. 741. feature at www.federalregister.gov. open until July 2, 2019. After the blog Applicable Regulations: (a) The Specifically, through the advanced closes, applicants should direct Education Department General search feature at this site, you can limit questions to the person listed under FOR Administrative Regulations in 34 CFR your search to documents published by FURTHER INFORMATION CONTACT. parts 75, 77, 81, 82, and 84. (b) The the Department. ADDRESSES: For the addresses for Office of Management and Budget obtaining and submitting an Guidelines to Agencies on Frank T. Brogan, application, please refer to our Common Governmentwide Debarment and Assistant Secretary for Elementary and Instructions for Applicants to Suspension (Nonprocurement) in 2 CFR Secondary Education. Department of Education Discretionary part 180, as adopted and amended as [FR Doc. 2019–12500 Filed 6–12–19; 8:45 am] Grant Programs, published in the regulations of the Department in 2 CFR BILLING CODE 4000–01–P Federal Register on February 13, 2019 part 3485. (c) The Uniform (84 FR 3768), and available at Administrative Requirements, Cost www.govinfo.gov/content/pkg/FR-2019- Principles, and Audit Requirements for DEPARTMENT OF EDUCATION 02-13/pdf/2019-02206.pdf. Federal Awards in 2 CFR part 200, as adopted and amended as regulations of Applications for New Awards; FOR FURTHER INFORMATION CONTACT: the Department in 2 CFR part 3474. (d) American Indian Vocational August Martin, U.S. Department of The regulations for this program in 34 Rehabilitation Services (AIVRS) Education, 400 Maryland Avenue SW, Room 5064A, Potomac Center Plaza, CFR part 371. AGENCY: Office of Special Education and Washington, DC 20202–2800. II. Award Information Rehabilitative Services, Department of Telephone: (202) 245–7410. Email: Education. [email protected]. Type of Award: Discretionary grants. ACTION: Notice. If you use a telecommunications Estimated Available Funds: device for the deaf (TDD) or a text $21,265,000. SUMMARY: The mission of the Office of telephone (TTY), call the Federal Relay Contingent upon the availability of Special Education and Rehabilitative Service (FRS), toll free, at 1–800–877– funds and the quality of applications, Services (OSERS) is to improve early 8339. we may make additional awards in FY childhood, educational, and 2020 from the list of unfunded employment outcomes and raise SUPPLEMENTARY INFORMATION: applications from this competition. expectations for all people with Full Text of Announcement Estimated Range of Awards: disabilities, their families, their $365,000–$650,000. communities, and the Nation. As such, I. Funding Opportunity Description Estimated Average Size of Awards: the Department of Education Purpose of Program: The purpose of $510,000. (Department) is issuing a notice inviting this program is to provide vocational Estimated Number of Awards: 42.

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Note: The Department is not bound by 3. Subgrantees: A grantee under this (iv) The extent to which the proposed any estimates in this notice. competition may not award subgrants to project is likely to build local capacity Project Period: Up to 60 months. entities to directly carry out project to provide, improve, or expand services activities described in its application. that address the needs of the target III. Eligibility Information While subgrants are not permitted, population. 1. Eligible Applicants: Applications under 34 CFR 371.42(a), grantees are (b) Quality of the Project Design (20 may be made only by Indian Tribes (and permitted to provide the vocational Points): consortia of those Indian Tribes) located rehabilitation services by contract or The Secretary considers the quality of on Federal and State reservations. The otherwise enter into an agreement with the design of the proposed project. In definition of ‘‘Indian Tribe’’ in section a designated State unit (DSU), a determining the quality of the design of 7(19)(B) of the Rehabilitation Act of community rehabilitation program, or the proposed project, the Secretary 1973, as amended, is ‘‘any Federal or another agency to assist in the considers the following factors: State Indian tribe, band, rancheria, implementation of the Tribal vocational (i) The extent to which the goals, pueblo, colony, or community, rehabilitation program, as long as such objectives, and outcomes to be achieved including any Alaskan native village or arrangement is identified in the by the proposed project are clearly regional village corporation (as defined application. specified and measurable. in or established pursuant to the Alaska IV. Application and Submission (ii) The extent to which the design of Native Claims Settlement Act) and a Information the proposed project is appropriate to, tribal organization (as defined in section and will successfully address, the needs 4(1) of the Indian Self-Determination 1. Application Submission of the target population or other and Education Assistance Act (25 U.S.C. Instructions: Applicants are required to identified needs. 450b(1)).’’ follow the Common Instructions for (iii) The extent to which the proposed ‘‘Reservation’’ is defined in 34 CFR Applicants to Department of Education project will establish linkages with 371.6 as ‘‘a Federal or State Indian Discretionary Grant Programs, other appropriate agencies and reservation, public domain Indian published in the Federal Register on organizations providing services to the allotment, former Indian reservation in February 13, 2019 (84 FR 3768), and target population. Oklahoma, land held by incorporated available at www.govinfo.gov/content/ (c) Quality of Project Services (20 Native groups, regional corporations pkg/FR-2019-02-13/pdf/2019-02206.pdf, Points): and village corporations under the which contain requirements and The Secretary considers the quality of provisions of the Alaska Native Claims information on how to submit an the services to be provided by the Settlement Act; or a defined area of land application. proposed project. In determining the recognized by a State or the Federal 2. Intergovernmental Review: This quality of the services to be provided by Government where there is a competition is not subject to Executive the proposed project, the Secretary concentration of tribal members and on Order 12372 and the regulations in 34 considers the quality and sufficiency of which the tribal government is CFR part 79. strategies for ensuring equal access and providing structured activities and 3. Funding Restrictions: We reference treatment for eligible project services.’’ regulations outlining funding participants who are members of groups The applicant for an AIVRS grant restrictions in the Applicable that have traditionally been must be— Regulations section of this notice. underrepresented based on race, color, (1) The governing body of an Indian V. Application Review Information national origin, gender, age, or Tribe, either on behalf of the Indian 1. Selection Criteria: The selection disability. Tribe or on behalf of a consortium of criteria for this competition are from 34 In addition, the Secretary considers Indian Tribes; or CFR 75.210, have a maximum score of the following factors: (2) A Tribal organization that is a 100 points, and are as follows: (i) The extent to which the services to separate legal organization from an (a) Need for Project and Significance be provided by the proposed project are Indian Tribe. (10 Points): appropriate to the needs of the intended In order to receive an AIVRS grant, a The Secretary considers the need for recipients or beneficiaries of those Tribal organization that is not a and significance of the proposed project. services. governing body of an Indian Tribe In determining the need for and (ii) The likely impact of the services must— significance of the proposed project, the to be provided by the proposed project (1) Have as one of its functions the Secretary considers the following on the intended recipients of those vocational rehabilitation of American factors: services. Indians with disabilities; and (i) The magnitude of the need for the (iii) The extent to which the services (2) Have the approval of the Tribe to services to be provided or the activities to be provided by the proposed project be served by such organization. to be carried out by the proposed involve the collaboration of appropriate If a grant is made to the governing project. partners for maximizing the body of an Indian Tribe, either on its (ii) The extent to which specific gaps effectiveness of project services. own behalf or on behalf of a consortium, or weaknesses in services, (d) Quality of Project Personnel (15 or to a Tribal organization to perform infrastructure, or opportunities have Points): services benefiting more than one been identified and will be addressed by In determining the quality of project Indian Tribe, the approval of each such the proposed project, including the personnel, the Secretary considers the Indian Tribe shall be a prerequisite to nature and magnitude of those gaps or extent to which the applicant the making of such a grant. weaknesses. encourages applications for employment 2. Cost Sharing or Matching: Cost (iii) The potential contribution of the from persons who are members of sharing is required by section 121(a) of proposed project to increased groups that have traditionally been the Rehabilitation Act of 1973, as knowledge or understanding of underrepresented based on race, color, amended, and 34 CFR 371.40 at 10 rehabilitation problems, issues, or national origin, gender, age, or percent of the total cost of the project. effective strategies. disability.

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In addition, the Secretary considers assessment of progress toward achieving American Indian with disabilities being the qualifications, including relevant intended outcomes. served. training and experience, of key project 2. Review and Selection Process: We (f) American Indians with disabilities personnel. remind potential applicants that in living on or near Federal or State (e) Adequacy of Resources (10 Points): reviewing applications in any reservations where Tribal vocational The Secretary considers the adequacy discretionary grant competition, the rehabilitation service programs are of resources for the proposed project. In Secretary may consider, under 34 CFR being carried out under this part will determining the adequacy of resources 75.217(d)(3), the past performance of the have an opportunity to participate in for the proposed project, the Secretary applicant in carrying out a previous matters of general policy development considers the following factors: award, such as the applicant’s use of and implementation affecting vocational (i) The adequacy of support, including funds, achievement of project rehabilitation service delivery by the facilities, equipment, supplies, and objectives, and compliance with grant Tribal vocational rehabilitation other resources, from the applicant conditions. The Secretary may also program. organization or the lead applicant consider whether the applicant failed to (g) Cooperative working arrangements organization. submit a timely performance report or will be developed with the DSU, or (ii) The extent to which the costs are submitted a report of unacceptable DSUs, as appropriate, which are reasonable in relation to the objectives, quality. providing vocational rehabilitation design, and potential significance of the In addition, in making a competitive services to other individuals with proposed project. grant award, the Secretary requires disabilities who reside in the State or (iii) The extent to which the costs are various assurances, including those States being served. (h) Any comparable services and reasonable in relation to the number of applicable to Federal civil rights laws benefits available to American Indians persons to be served and to the that prohibit discrimination in programs or activities receiving Federal financial with disabilities under any other anticipated results and benefits. program, which might meet in whole or (f) Quality of the Management Plan assistance from the Department (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23). in part the cost of any vocational (15 Points): The Secretary considers the rehabilitation service, will be fully quality of the management plan for the The services and activities funded by grants under the AIVRS program must considered in the provision of proposed project. In determining the vocational rehabilitation services. quality of the management plan for the be operated in a manner consistent with nondiscrimination requirements (i) Any American Indian with proposed project, the Secretary disabilities who is an applicant or considers the following factors: contained in the U.S. Constitution and Federal civil rights laws. recipient of services, and who is (i) The adequacy of the management Special application requirements dissatisfied with a determination made plan to achieve the objectives of the related to the AIVRS program require by a representative of the Tribal proposed project on time and within each applicant to provide evidence vocational rehabilitation program and budget, including clearly defined separately for each of the following files a request for a review, will be responsibilities, timelines, and items in 34 CFR 371.21(a)–(k): afforded a review under procedures milestones for accomplishing project (a) Effort will be made to provide a developed by the grantee comparable to tasks. broad scope of vocational rehabilitation those under the provisions of section (ii) The adequacy of procedures for services in a manner and at a level of 102(c)(1)–(5) and (7) of the Act. ensuring feedback and continuous quality at least comparable to those (j) The Tribal vocational rehabilitation improvement in the operation of the services provided by the designated program funded under this part must proposed project. State unit. assure that any facility used in (iii) The extent to which the time (b) All decisions affecting eligibility connection with the delivery of commitments of the project director and for vocational rehabilitation services, vocational rehabilitation services meets principal investigator and other key the nature and scope of available facility and program accessibility project personnel are appropriate and vocational rehabilitation services and requirements consistent with the adequate to meet the objectives of the the provision of such services will be requirements, as applicable, of the proposed project. made by a representative of the Tribal Architectural Barriers Act of 1968, the (g) Quality of the Project Evaluation vocational rehabilitation program Americans with Disabilities Act of 1990, (10 Points): The Secretary considers the funded through this grant and such section 504 of the Act, and the quality of the evaluation to be decisions will not be delegated to regulations implementing these laws. conducted of the proposed project. In another agency or individual. (k) The Tribal vocational determining the quality of the (c) Priority in the delivery of rehabilitation program funded under evaluation, the Secretary considers the vocational rehabilitation services will be this part must ensure that providers of following factors: given to those American Indians with vocational rehabilitation services are (i) The extent to which the methods disabilities who are the most able to communicate in the native of evaluation are thorough, feasible, and significantly disabled. language of, or by using an appropriate appropriate to the goals, objectives, and (d) An order of selection of mode of communication with, outcomes of the proposed project. individuals with disabilities to be applicants and eligible individuals who (ii) The extent to which the methods served under the program will be have limited English proficiency, unless of evaluation include the use of specified if services cannot be provided it is clearly not feasible to do so. objective performance measures that are to all eligible American Indians with 3. Risk Assessment and Specific clearly related to the intended outcomes disabilities who apply. Conditions: Consistent with 2 CFR of the project and will produce (e) All vocational rehabilitation 200.205, before awarding grants under quantitative and qualitative data to the services will be provided according to this competition the Department extent possible. an individualized plan for employment conducts a review of the risks posed by (iii) The extent to which the methods which has been developed jointly by the applicants. Under 2 CFR 3474.10, the of evaluation will provide performance representative of the Tribal vocational Secretary may impose specific feedback and permit periodic rehabilitation program and each conditions and, in appropriate

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circumstances, high-risk conditions on a GAN also incorporates your approved satisfying the vocational outcome of grant if the applicant or grantee is not application as part of your binding customized employment, self- financially stable; has a history of commitments under the grant. employment, telecommuting, or unsatisfactory performance; has a 3. Reporting: (a) If you apply for a business ownership). (Section 7(11) of financial or other management system grant under this competition, you must the Rehabilitation Act of 1973, as that does not meet the standards in 2 ensure that you have in place the amended (29 U.S.C. 705(11)). CFR part 200, subpart D; has not necessary processes and systems to 5. Continuation Awards: In making a fulfilled the conditions of a prior grant; comply with the reporting requirements continuation award under 34 CFR or is otherwise not responsible. in 2 CFR part 170 should you receive 75.253, the Secretary considers, among 4. Integrity and Performance System: funding under the competition. This other things: Whether a grantee has If you are selected under this does not apply if you have an exception made substantial progress in achieving competition to receive an award that under 2 CFR 170.110(b). the goals and objectives of the project; over the course of the project period (b) At the end of your project period, whether the grantee has expended funds may exceed the simplified acquisition you must submit a final performance in a manner that is consistent with its threshold (currently $250,000), under 2 report, including financial information, approved application and budget; and, CFR 200.205(a)(2) we must make a as directed by the Secretary. If you if the Secretary has established judgment about your integrity, business receive a multiyear award, you must performance measurement ethics, and record of performance under submit an annual performance report requirements, the performance targets in Federal awards—that is, the risk posed that provides the most current the grantee’s approved application. performance and financial expenditure by you as an applicant—before we make In making a continuation award, the information as directed by the Secretary an award. In doing so, we must consider Secretary also considers whether the under 34 CFR 75.118. The Secretary any information about you that is in the grantee is operating in compliance with may also require more frequent integrity and performance system the assurances in its approved performance reports under 34 CFR (currently referred to as the Federal application, including those applicable 75.720(c). For specific requirements on Awardee Performance and Integrity to Federal civil rights laws that prohibit reporting, please go to www.ed.gov/ Information System (FAPIIS)), discrimination in programs or activities fund/grant/apply/appforms/ accessible through the System for receiving Federal financial assistance Award Management. You may review appforms.html. 4. Performance Measures: Under the from the Department (34 CFR 100.4, and comment on any information about 104.5, 106.4, 108.8, and 110.23). yourself that a Federal agency Government Performance and Results previously entered and that is currently Act of 1993 (GPRA), the Department has VII. Other Information established four performance measures in FAPIIS. Accessible Format: Individuals with Please note that, if the total value of for the AIVRS program. The measures disabilities can obtain this document your currently active grants, cooperative are: and a copy of the application package in agreements, and procurement contracts (1) The percentage of individuals who an accessible format (e.g., braille, large from the Federal Government exceeds leave the program with an employment print, audiotape, or compact disc) on $10,000,000, the reporting requirements outcome after receiving services under request to the program contact person in 2 CFR part 200, Appendix XII, an individualized plan for employment; listed under FOR FURTHER INFORMATION require you to report certain integrity (2) The percentage of individuals the CONTACT. If you use a TDD or a TTY, call information to FAPIIS semiannually. project proposed to serve under an the FRS, toll free, at 1–800–877–8339. Please review the requirements in 2 CFR Individualized Plan for Employment 200, Appendix XII, if this grant plus all (IPE) during this reporting period who Electronic Access to This Document: the other Federal funds you receive actually received VR services. The official version of this document is exceed $10,000,000. (3) The percentage of projects that the document published in the Federal demonstrate an average annual cost per Register. You may access the official VI. Award Administration Information employment outcome of no more than edition of the Federal Register and the 1. Award Notices: If your application $35,000; and Code of Federal Regulations at is successful, we notify your U.S. (4) The percentage of projects that www.govinfo.gov. At this site you can Representative and U.S. Senators and demonstrate an average annual cost of view this document, as well as all other send you a Grant Award Notification services per participant of no more than documents of this Department (GAN); or we may send you an email $10,000. published in the Federal Register, in containing a link to access an electronic Each grantee must annually report the text or Portable Document Format version of your GAN. We may notify data needed to measure its performance (PDF). To use PDF you must have you informally, also. on the GPRA measures through the Adobe Acrobat Reader, which is If your application is not evaluated or Annual Performance Reporting Form available free at the site. not selected for funding, we notify you. (APR Form) for the American Indian You may also access documents of the 2. Administrative and National Policy Vocational Rehabilitation Services Department published in the Federal Requirements: program. Register by using the article search We identify administrative and Note: For purposes of this section, the feature at: www.federalregister.gov. national policy requirements in the term ‘‘employment outcome’’ means, Specifically, through the advanced application package and reference these with respect to an individual, (A) search feature at this site, you can limit and other requirements in the entering or retaining full-time or, if your search to documents published by Applicable Regulations section of this appropriate, part-time competitive the Department. notice. employment in the integrated labor We reference the regulations outlining market; (B) satisfying the vocational Johnny W. Collett, the terms and conditions of an award in outcome of supported employment; or Assistant Secretary for Special Education and the Applicable Regulations section of (C) satisfying any other vocational Rehabilitative Services. this notice and include these and other outcome the Secretary of Education may [FR Doc. 2019–12471 Filed 6–12–19; 8:45 am] specific conditions in the GAN. The determine to be appropriate (including BILLING CODE 4000–01–P

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DEPARTMENT OF ENERGY state agencies of the timing for the As of the February 27, 2018 date of completion of all necessary reviews, and the Commission’s order in Docket No. Federal Energy Regulatory the subsequent need to complete all CP16–4–001, the Commission will Commission federal authorizations within 90 days of apply its revised practice concerning [Docket No. CP19–471–000] the date of issuance of the Commission out-of-time motions to intervene in any staff’s FEIS or EA. new Natural Gas Act section 3 or section Bluewater Gas Storage, LLC; Notice of There are two ways to become 7 proceeding.1 Persons desiring to Application involved in the Commission’s review of become a party to a certificate this project. First, any person wishing to proceeding are to intervene in a timely Take notice that on March 23, 2019, obtain legal status by becoming a party manner. If seeking to intervene out-of- Bluewater Gas Storage, LLC (Bluewater) to the proceedings for this project time, the movant is required to show 333 South Wales Center Road, should, on or before the comment date good cause why the time limitation Columbus, MI 48063, filed in Docket stated below, file with the Federal should be waived, and should provide No. CP19–471–000, an application Energy Regulatory Commission, 888 justification by reference to factors set pursuant to section 7(c) of the Natural First Street NE, Washington, DC 20426, forth in Rule 214(d)(1) of the Gas Act and Part 157 of the a motion to intervene in accordance Commission’s Rules and Regulations.2 Commission’s regulations to construct with the requirements of the The Commission strongly encourages and maintain a new compressor station Commission’s Rules of Practice and electronic filings of comments, protests in Macomb County, Michigan adjacent Procedure (18 CFR 385.214 or 385.211) and interventions in lieu of paper using to Bluewater’s existing 20-inch-diameter and the Regulations under the NGA (18 the eFiling link at http://www.ferc.gov. pipeline. The proposed compressor CFR 157.10). A person obtaining party Persons unable to file electronically station will deliver natural gas to Vector status will be placed on the service list should submit an original and 3 copies Pipeline L.P (Vector) using a single gas- maintained by the Secretary of the of the protest or intervention to the driven turbine with a centrifugal Commission and will receive copies of Federal Energy Regulatory Commission, compressor unit, which will provide all documents filed by the applicant and 888 First Street NE, Washington, DC approximately 11,150 nominal by all other parties. A party must submit 20426. horsepower of compression. Bluewater’s 3 copies of filings made with the Comment Date: 5:00 p.m. Eastern proposed Project is an operational Commission and must provide a copy to Time on June 28, 2019. upgrade that will restore the originally the applicant and to every other party in Dated: June 7, 2019. authorized 500,000 Mcf/d of firm the proceeding. Only parties to the Kimberly D. Bose, delivery capacity of natural gas at its proceeding can ask for court review of Secretary. interconnect with Vector, all as more Commission orders in the proceeding. fully set forth in the application, which However, a person does not have to [FR Doc. 2019–12458 Filed 6–12–19; 8:45 am] is on file with the Commission and open intervene in order to have comments BILLING CODE 6717–01–P to public inspection. considered. The second way to The filing may also be viewed on the participate is by filing with the DEPARTMENT OF ENERGY web at http://www.ferc.gov using the Secretary of the Commission, as soon as eLibrary link. Enter the docket number possible, an original and two copies of Federal Energy Regulatory excluding the last three digits in the comments in support of or in opposition Commission docket number field to access the to this project. The Commission will document. For assistance, contact FERC consider these comments in [Docket Nos. CP14–347–000, CP19–19–000] at [email protected] or call determining the appropriate action to be toll-free, (866) 208–3676 or TTY, (202) taken, but the filing of a comment alone Magnolia LNG, LLC; Notice of Intent To 502–8659. will not serve to make the filer a party Prepare a Supplemental Environmental Any questions regarding this to the proceeding. The Commission’s Impact Statement for the Proposed application should be directed to Conor rules require that persons filing Magnolia LNG Production Capacity Ward, WEC Business Services LLC, 231 comments in opposition to the project Amendment and Request for W Michigan Street, Milwaukee, WI provide copies of their protests only to Comments on Environmental Issues 53203 at (414) 221–2539 or by email at the party or parties directly involved in The staff of the Federal Energy [email protected]. the protest. Regulatory Commission (FERC or Pursuant to section 157.9 of the Persons who wish to comment only Commission) will prepare a Commission’s rules, 18 CFR 157.9, on the environmental review of this supplemental environmental impact within 90 days of this Notice the project should submit an original and statement (supplemental EIS) that will Commission staff will either: Complete two copies of their comments to the discuss the potential environmental its environmental assessment (EA) and Secretary of the Commission. impacts resulting from Magnolia LNG, place it into the Commission’s public Environmental commentors will be LLC’s (Magnolia LNG) proposal to record (eLibrary) for this proceeding; or placed on the Commission’s increase the liquefied natural gas (LNG) issue a Notice of Schedule for environmental mailing list and will be production capacity at its authorized Environmental Review. If a Notice of notified of any meetings associated with LNG facility in Calcasieu, Louisiana Schedule for Environmental Review is the Commission’s environmental review from that previously approved by the issued, it will indicate, among other process. Environmental commentors Commission in Docket No. CP14–347– milestones, the anticipated date for the will not be required to serve copies of 000 (Magnolia LNG Production Capacity Commission staff’s issuance of the final filed documents on all other parties. Amendment). The Commission will use environmental impact statement (FEIS) However, the non-party commentors this supplemental EIS in its decision- or EA for this proposal. The filing of the will not receive copies of all documents making process to determine whether EA in the Commission’s public record filed by other parties or issued by the for this proceeding or the issuance of a Commission and will not have the right 1 Tennessee Gas Pipeline Company, L.L.C., 162 Notice of Schedule for Environmental to seek court review of the FERC 61,167 at 50 (2018). Review will serve to notify federal and Commission’s final order. 2 18 CFR 385.214(d)(1).

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Magnolia LNG’s proposed amendment For your convenience, there are three Louisiana 1.) Magnolia LNG also affirms is in the public interest. methods you can use to submit your that the annual number of LNG takers This notice announces the opening of comments to the Commission. The (vessel traffic) would not change from the scoping process the Commission Commission encourages electronic filing that already reviewed and approved by will use to gather input from the public of comments and has staff available to the U.S. Coast Guard. and interested agencies about issues assist you at (866) 208–3676 or The Supplemental EIS Process and regarding the project amendment. The [email protected]. Please Identified Issues National Environmental Policy Act carefully follow these instructions so (NEPA) requires the Commission to take that your comments are properly The supplemental EIS will discuss into account the environmental impacts recorded. impacts that could occur as a result of that could result from its action the proposed increase in production (1) You can file your comments capacity described above. To date, we whenever it considers whether or not to electronically using the eComment authorize a project. NEPA also requires have identified potential environmental feature, which is located on the concerns related to the proposed the Commission to discover concerns Commission’s website (www.ferc.gov) the public may have about proposals. process conditions for LNG, anhydrous under the link to Documents and ammonia, and other process fluids. As This process is referred to as ‘‘scoping.’’ Filings. Using eComment is an easy The main goal of the scoping process is a result, Magnolia LNG indicated method for submitting brief, text-only revised hazard distances with increased to focus the analysis in the comments on a project; supplemental EIS on the important offsite impacts. Therefore, associated environmental issues. By this notice, the (2) You can file your comments hazard mitigation, such as Commission requests public comments electronically by using the eFiling impoundment designs and other fire protection systems need to be on the scope of issues to address in the feature, which is located on the reevaluated as a result of the higher supplemental EIS. Please note that your Commission’s website (www.ferc.gov) production rate. There may also be comments should be specific to the under the link to Documents and revisions to air emissions and noise Production Capacity Amendment, Filings. With eFiling, you can provide levels; if so, these will be evaluated and which is described further below. comments in a variety of formats by discussed in the supplemental EIS. Comments relating only to non-related attaching them as a file with your Commission staff will also evaluate aspects of the already approved submission. New eFiling users must reasonable alternatives to the proposed Magnolia LNG Project will not be first create an account by clicking on project amendment or portions of the considered in the supplemental EIS. To eRegister. You will be asked to select the type of filing you are making; a project amendment, and make ensure that your comments are timely recommendations on how to lessen or and properly recorded, please submit comment on a particular project is considered a Comment on a Filing; or avoid impacts on the various resource your comments so that the Commission areas. receives them in Washington, DC on or (3) You can file a paper copy of your The supplemental EIS will present before 5:00 p.m. Eastern Time on July 8, comments by mailing them to the Commission staffs’ independent 2019. following address. Be sure to reference analysis of the issues. The draft You can make a difference by the project amendment docket number supplemental EIS will be available in submitting your specific comments or (CP19–19–000) with your submission: electronic format in the public record concerns about the project amendment. Kimberly D. Bose, Secretary, Federal through eLibrary 2 and the Your comments should focus on the Energy Regulatory Commission, 888 Commission’s website (https:// potential environmental effects, First Street NE, Room 1A, Washington, www.ferc.gov/industries/gas/enviro/ reasonable alternatives, and measures to DC 20426. eis.asp). If eSubscribed, you will receive avoid or lessen environmental impacts. Please note this is not your only instant email notification when the draft Your input will help the Commission public input opportunity; a 45-day EIS is issued. The draft EIS will be staff determine what issues they need to public comment period will be issued for an allotted public comment evaluate in the supplemental EIS. established once the draft supplemental period. After the comment period on the This notice is being sent to the EIS is issued. draft EIS, Commission staff will Commission’s current environmental consider all timely comments and revise mailing list for this project amendment. Summary of the Proposed Project the document, as necessary, before State and local government Amendment issuing a final EIS. To ensure representatives should notify their Commission staff have the opportunity constituents of this proposed project Magnolia LNG requests authorization to address your comments, please amendment and encourage them to to increase the previously authorized carefully follow the instructions in the comment on their areas of concern. LNG production capacity of the Public Participation section, beginning Magnolia LNG Project (Docket No. Public Participation on page 2. CP14–347–000) from 8 million tons per With this notice, the Commission is The Commission offers a free service annum (MTPA) to 8.8 MTPA. Magnolia asking agencies with jurisdiction by law called eSubscription which makes it LNG states that the increased LNG easy to stay informed of all issuances production capacity would be realized 1 The LNG terminal site location and staff’s and submittals regarding the dockets/ through the optimization of its final evaluation of the original (approved) Magnolia LNG projects to which you subscribe. These design and would not require any Project are in the Commission’s final EIS for the increase in the authorized feed gas rates. project, issued on November 13, 2015. That EIS is instant email notifications are the fastest available at www.ferc.gov using the link called way to receive notification and provide Magnolia LNG does not propose any eLibrary or from the Commission’s Public Reference a link to the document files which can additional construction or new or Room, 888 First Street NE, Washington, DC 20426, reduce the amount of time you spend modified facilities already considered or call (202) 502–8371. For instructions on connecting to eLibrary, refer to the last page of this researching proceedings. To sign up go and approved in Docket No. CP14–347– 000 (i.e., the approved LNG terminal site notice. to www.ferc.gov/docs-filing/ 2 For instructions on connecting to eLibrary, refer esubscription.asp. in Lake Charles, Calcasieu Parish, to the last page of this notice.

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and/or special expertise with respect to website at www.ferc.gov using the discover concerns the public may have the environmental issues of this project eLibrary link. Click on the eLibrary link, about proposals. This process is referred amendment to formally cooperate in the click on General Search and enter the to as ‘‘scoping.’’ The main goal of the preparation of the supplemental EIS.3 docket number in the Docket Number scoping process is to focus the analysis Agencies that would like to request field, excluding the last three digits (i.e., in the EA on the important cooperating agency status should follow CP19–19). Be sure you have selected an environmental issues. By this notice, the the instructions for filing comments appropriate date range. For assistance, Commission requests public comments provided under the Public Participation please contact FERC Online Support at on the scope of the issues to address in section of this notice. The U.S. [email protected] or (866) the EA. To ensure that your comments Department of Transportation’s Pipeline 208–3676, or for TTY, contact (202) are timely and properly recorded, please and Hazardous Materials Safety 502–8659. The eLibrary link also submit your comments so that the Administration and the U.S. Coast provides access to the texts of all formal Commission receives them in Guard will participate as cooperating documents issued by the Commission, Washington, DC on or before 5:00 p.m. agencies in the preparation of the such as orders, notices, and Eastern Time on July 8, 2019. supplemental EIS. rulemakings. You can make a difference by Public sessions or site visits will be submitting your specific comments or Environmental Mailing List posted on the Commission’s calendar concerns about the project. Your The environmental mailing list located at www.ferc.gov/EventCalendar/ comments should focus on the potential includes federal, state, and local EventsList.aspx along with other related environmental effects, reasonable government representatives and information. alternatives, and measures to avoid or agencies; elected officials; lessen environmental impacts. Your Dated: June 7, 2019. environmental and public interest input will help the Commission staff groups; Native American Tribes; other Kimberly D. Bose, determine what issues they need to interested parties; and local libraries Secretary. evaluate in the EA. Commission staff and newspapers. This list also includes [FR Doc. 2019–12456 Filed 6–12–19; 8:45 am] will consider all filed comments during all affected landowners (as defined in BILLING CODE 6717–01–P the preparation of the EA. the Commission’s regulations) for the If you sent comments on this project original Magnolia LNG Project who are to the Commission before the opening of potential right-of-way grantors, whose DEPARTMENT OF ENERGY this docket on April 18, 2019, you will property may be used temporarily for need to file those comments in Docket Federal Energy Regulatory project purposes, or who own homes No. CP19–191–000 to ensure they are Commission within certain distances of aboveground considered as part of this proceeding. facilities (including the LNG terminal [Docket No. CP19–191–000] This notice is being sent to the site), and anyone who submits Commission’s current environmental comments on the project amendment. Texas Eastern Transmission, L.P.; mailing list for this project. State and Commission staff will update the Notice of Intent To Prepare an local government representatives should environmental mailing list as the Environmental Assessment for the notify their constituents of this analysis proceeds to ensure that Proposed Bernville Compressor Units proposed project and encourage them to Commission notices related to this Replacement Project and Request for comment on their areas of concern. If you are a landowner receiving this environmental review are sent to all Comments on Environmental Issues notice, a pipeline company individuals, organizations, and June 7, 2019. representative may contact you about government entities interested in and/or The staff of the Federal Energy the acquisition of an easement to potentially affected by the proposed Regulatory Commission (FERC or construct, operate, and maintain the project amendment. Commission) will prepare an proposed facilities. The company would A Notice of Availability of the draft environmental assessment (EA) that will seek to negotiate a mutually acceptable EIS will be sent to the environmental discuss the environmental impacts of easement agreement. You are not mailing list and will provide the Bernville Compressor Units required to enter into an agreement. instructions to access the electronic Replacement Project involving the However, if the Commission approves document on the FERC’s website replacement of two existing compressor the project, that approval conveys with (www.ferc.gov). If you need to make units at the Bernville Compressor it the right of eminent domain. changes to your name/address, or if you Station by Texas Eastern Transmission, Therefore, if you and the company do would like to remove your name from L.P. (Texas Eastern) in Berks County, not reach an easement agreement, the the mailing list, please return the Pennsylvania. The Commission will use pipeline company could initiate attached ‘‘Mailing List Update Form’’ this EA in its decision-making process condemnation proceedings in court. In (appendix).4 to determine whether the project is in such instances, compensation would be Additional Information the public convenience and necessity. determined by a judge in accordance Additional information about the This notice announces the opening of with state law. project amendment is available from the the scoping process the Commission Texas Eastern provided landowners Commission’s Office of External Affairs, will use to gather input from the public with a fact sheet prepared by the FERC at (866) 208–FERC, or on the FERC and interested agencies about issues entitled An Interstate Natural Gas regarding the project. The National Facility On My Land? What Do I Need 3 The Council on Environmental Quality Environmental Policy Act (NEPA) To Know? This fact sheet addresses a regulations addressing cooperating agency requires the Commission to take into number of typically asked questions, responsibilities are at Title 40, Code of Federal account the environmental impacts that including the use of eminent domain Regulations, Part 1501.6. could result from its action whenever it and how to participate in the 4 The return mailer appendix referenced in this notice will not appear in the Federal Register, but considers the issuance of a Certificate of Commission’s proceedings. It is also was sent to all those receiving this notice in the Public Convenience and Necessity. available for viewing on the FERC mail. NEPA also requires the Commission to website (www.ferc.gov) at https://

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www.ferc.gov/resources/guides/gas/ gas-fired centrifugal turbine compressor issues. The EA will be available in gas.pdf. units and associated auxiliary piping electronic format in the public record and equipment; through eLibrary 4 and the Public Participation • installation of related software Commission’s website (https:// The Commission offers a free service controls that would limit the total hp of www.ferc.gov/industries/gas/enviro/ called eSubscription which makes it the 26,000 hp compressor unit to 23,700 eis.asp). If eSubscribed, you will receive easy to stay informed of all issuances hp; instant email notification when the EA and submittals regarding the dockets/ • conversion of existing 3,070 square is issued. The EA may be issued for an projects to which you subscribe. These foot compressor unit building to a new allotted public comment period. instant email notifications are the fastest office building and other related Commission staff will consider all way to receive notification and provide appurtenances. comments on the EA before making a link to the document files which can The project would involve removing recommendations to the Commission. reduce the amount of time you spend one 22,000 horsepower (hp) and one To ensure Commission staff have the researching proceedings. To sign up go 19,800 hp natural gas-fired centrifugal opportunity to address your comments, to www.ferc.gov/docs-filing/ turbine compressor unit and the please carefully follow the instructions esubscription.asp. associated auxiliary piping and in the Public Participation section, For your convenience, there are three equipment. The Project would also beginning on page 2. methods you can use to submit your involve removing a 4,352 square-foot With this notice, the Commission is comments to the Commission. The building, which houses the existing asking agencies with jurisdiction by law Commission encourages electronic filing 22,000 hp compressor unit, to allow for and/or special expertise with respect to of comments and has staff available to the installation of an 11,780 square-foot the environmental issues of this project assist you at (866) 208–3676 or building to house the two new to formally cooperate in the preparation [email protected]. Please replacement compressor units. of the EA.1 Agencies that would like to carefully follow these instructions so The general location of the project request cooperating agency status that your comments are properly facilities is shown in appendix 1. should follow the instructions for filing recorded. comments provided under the Public (1) You can file your comments Land Requirements for Construction Participation section of this notice. electronically using the eComment The Project’s replacement activities Consultation Under Section 106 of the feature, which is located on the would require the use of land for National Historic Preservation Act Commission’s website (www.ferc.gov) temporary workspace beyond the under the link to Documents and existing compressor station boundary. In accordance with the Advisory Filings. Using eComment is an easy The existing station lies within a fenced Council on Historic Preservation’s implementing regulations for section method for submitting brief, text-only area encompassing approximately 13.4 106 of the National Historic comments on a project; acres. Construction of the project would Preservation Act, the Commission is (2) You can file your comments disturb about 7.6 acres within the using this notice to initiate consultation electronically by using the eFiling existing station fenceline and 10 acres with the applicable State Historic feature, which is located on the outside of the fenceline. Texas Eastern Preservation Office, and to solicit their Commission’s website (www.ferc.gov) would maintain 9.5 acres for permanent views and those of other government under the link to Documents and operation of the project’s facilities agencies, interested Indian tribes, and Filings. With eFiling, you can provide following construction (1.9 acres of the public on the project’s potential comments in a variety of formats by which would be outside of the existing effects on historic properties.2 The EA attaching them as a file with your fenceline on Texas Eastern property). for this project will document findings submission. New eFiling users must The remaining acreage would be on the impacts on historic properties first create an account by clicking on restored and revert to former uses. eRegister. You will be asked to select the and summarize the status of type of filing you are making; a The EA Process consultations under section 106. comment on a particular project is The EA will discuss impacts that Environmental Mailing List considered a ‘‘Comment on a Filing’’; or could occur as a result of the The environmental mailing list (3) You can file a paper copy of your construction and operation of the comments by mailing them to the includes: Federal, state, and local proposed project under these general government representatives and following address. Be sure to reference headings: the project docket number (CP19–191– agencies; elected officials; • Geology and soils; 000) with your submission: Kimberly D. environmental and public interest • water resources and wetlands; Bose, Secretary, Federal Energy groups; Native American Tribes; • vegetation and wildlife; Regulatory Commission, 888 First Street libraries; newspapers; and other • threatened and endangered species; NE, Room 1A, Washington, DC 20426 interested parties. This list also includes • cultural resources; all affected landowners (as defined in Summary of the Proposed Project • land use; the Commission’s regulations) who are • Texas Eastern proposes to replace two air quality and noise; potential right-of-way grantors, whose • existing compressor units at the public safety; and • Bernville Compressor Station in Berks, cumulative impacts 1 The Council on Environmental Quality Pennsylvania. The replacement Commission staff will also evaluate regulations addressing cooperating agency responsibilities are at Title 40, Code of Federal activities would require the use of reasonable alternatives to the proposed Regulations, Part 1501.6. additional temporary workspace beyond project or portions of the project, and 2 The Advisory Council on Historic Preservation’s the existing facility boundary. The make recommendations on how to regulations are at Title 36, Code of Federal project would consist of the following lessen or avoid impacts on the various Regulations, Part 800. Those regulations define new facilities: resource areas. historic properties as any prehistoric or historic • district, site, building, structure, or object included Installation one 26,000 horse-power The EA will present Commission in or eligible for inclusion in the National Register (hp) and one 18,100 hp solar natural staffs’ independent analysis of the of Historic Places.

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property may be used temporarily for Applicants: Talen Montana, LLC. Filed Date: 6/7/19. project purposes, or who own homes Description: Notice of Self- Accession Number: 20190607–5016. within certain distances of aboveground Certification of Exempt Wholesale Comments Due: 5 p.m. ET 6/28/19. facilities, and anyone who submits Generator Status of Talen Montana, Docket Numbers: ER19–2068–000. comments on the project. Commission LLC. Applicants: Duke Energy Carolinas, staff will update the environmental Filed Date: 6/7/19. LLC. mailing list as the analysis proceeds to Accession Number: 20190607–5055. Description: § 205(d) Rate Filing: ensure that Commission notices related Comments Due: 5 p.m. ET 6/28/19. DEC–8 Towns Dynamic Transfer to this environmental review are sent to Take notice that the Commission Agreements to be effective 6/8/2019. all individuals, organizations, and received the following electric rate Filed Date: 6/7/19. government entities interested in and/or filings: Accession Number: 20190607–5017. potentially affected by the proposed Docket Numbers: ER10–1789–007; Comments Due: 5 p.m. ET 6/28/19. project. ER10–1768 006; ER10–1770 006; ER10– Docket Numbers: ER19–2069–000. If the Commission issues the EA for 1771 006; ER10–1793 006; ER12–1250 Applicants: Northern States Power an allotted public comment period, a 006; ER16–1924 004; ER16–1925 004; Company, a Minnesota corporation. Notice of Availability of the EA will be ER16–1926 004; ER16–2725 004; ER17– Description: § 205(d) Rate Filing: sent to the environmental mailing list 2426 002; ER19–1738 001. 2019–06–07 NSP–MMPA–I&I Agrmt–3– and will provide instructions to access Applicants: PSEG Energy Resources & 0.1.0–NOC to be effective 6/8/2019. the electronic document on the FERC’s Trade LLC, PSEG Energy Solutions LLC, Filed Date: 6/7/19. website (www.ferc.gov). If you need to PSEG Fossil LLC, PSEG New Haven Accession Number: 20190607–5058. make changes to your name/address, or LLC, PSEG Nuclear LLC, PSEG Power Comments Due: 5 p.m. ET 6/28/19. if you would like to remove your name Connecticut LLC, Pavant Solar II LLC, from the mailing list, please return the Docket Numbers: ER19–2070–000. Bison Solar LLC, San Isabel Solar LLC, attached ‘‘Mailing List Update Form’’ Applicants: PacifiCorp. Public Service Electric and Gas (appendix 2). Description: § 205(d) Rate Filing: Company, PSEG Keys Energy Center Colstrip Trans System LGIA— Additional Information LLC, PSEG Fossil Sewaren Urban Concurrence Clearwater Energy to be Additional information about the Renewal LLC. effective 5/21/2019. project is available from the Description: Notice of Non-Material Filed Date: 6/7/19. Commission’s Office of External Affairs, Change in Status of the PSEG Affiliates. Accession Number: 20190607–5059. at (866) 208–FERC, or on the FERC Filed Date: 6/6/19. Comments Due: 5 p.m. ET 6/28/19. website at www.ferc.gov using the Accession Number: 20190606–5138. Docket Numbers: ER19–2071–000. eLibrary link. Click on the eLibrary link, Comments Due: 5 p.m. ET 6/27/19. Applicants: Southwest Power Pool, click on General Search and enter the Docket Numbers: ER10–2437–014. Inc. docket number in the Docket Number Applicants: Arizona Public Service Description: § 205(d) Rate Filing: field, excluding the last three digits (i.e., Company. 2198R27 Kansas Power Pool NITSA CP19–191). Be sure you have selected Description: Notice of Change in NOA to be effective 9/1/2019. an appropriate date range. For Status of Arizona Public Service Filed Date: 6/7/19. assistance, please contact FERC Online Company. Accession Number: 20190607–5061. Support at [email protected] Filed Date: 6/6/19. Comments Due: 5 p.m. ET 6/28/19. or (866) 208–3676, or for TTY, contact Accession Number: 20190606–5134. Docket Numbers: ER19–2072–000. (202) 502–8659. The eLibrary link also Comments Due: 5 p.m. ET 6/27/19. Applicants: PJM Interconnection, provides access to the texts of all formal Docket Numbers: ER19–1342–000; L.L.C. documents issued by the Commission, ER19–1343–000. Description: § 205(d) Rate Filing: such as orders, notices, and Applicants: NMRD Data Center III, Amendment to ISA Nos. 2639 & 3378, rulemakings. LLC. Queue Nos. T109_T110 & W2–010_ Public sessions or site visits will be Description: Second Supplement to W2011 (amend) to be effective 8/30/ posted on the Commission’s calendar March 18, 2019 NMRD Data Center III, 2010. located at www.ferc.gov/EventCalendar/ LLC, et al. tariff filings. Filed Date: 6/7/19. EventsList.aspx along with other related Filed Date: 6/6/19. Accession Number: 20190607–5072. information. Accession Number: 20190606–5133. Comments Due: 5 p.m. ET 6/28/19. Dated: June 7, 2019. Comments Due: 5 p.m. ET 6/17/19. Docket Numbers: ER19–2073–000 Kimberly D. Bose, Docket Numbers: ER19–2062–001. Applicants: California Independent Secretary. Applicants: AEP Texas Inc. System Operator Corporation. [FR Doc. 2019–12459 Filed 6–12–19; 8:45 am] Description: Tariff Amendment: Description: Tariff Cancellation: BILLING CODE 6717–01–P AEPTX-Callahan Wind GIA 1st Amend 2019–06–07 Gates-Gregg Project APSA & Restated Amendment to be effective Notice of Termination to be effective 6/ 5/22/2019. 1/2019. DEPARTMENT OF ENERGY Filed Date: 6/6/19. Filed Date: 6/7/19. Accession Number: 20190606–5095. Accession Number: 20190607–5073. Federal Energy Regulatory Comments Due: 5 p.m. ET 6/27/19. Comments Due: 5 p.m. ET 6/28/19. Commission Docket Numbers: ER19–2067–000. Docket Numbers: ER19–2074–000. Combined Notice of Filings #1 Applicants: Southwest Power Pool, Applicants: Idaho Power Company. Inc. Description: § 205(d) Rate Filing: EIM Take notice that the Commission Description: § 205(d) Rate Filing: Clarifications and Tariff Cleanup to be received the following exempt 2562R7 Kansas Municipal Energy effective 8/16/2019. wholesale generator filings: Agency NITSA and NOA to be effective Filed Date: 6/7/19. Docket Numbers: EG19–122–000. 9/1/2019. Accession Number: 20190607–5083.

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Comments Due: 5 p.m. ET 6/28/19. Accession Number: 20190607–5121. ENVIRONMENTAL PROTECTION Docket Numbers: ER19–2075–000. Comments Due: 5 p.m. ET 6/28/19. AGENCY Applicants: NorthWestern Docket Numbers: ER19–2082–000. [EPA–HQ–OAR–2019–0316; FRL–9995–04– Corporation. Applicants: Southwest Power Pool, OAR] Description: § 205(d) Rate Filing: Inc. SA591 8th Rev—NITSA with Benefis Description: § 205(d) Rate Filing: Request for Nominations: Scientific Health System to be effective 7/1/2019. 3211R1 North Iowa Municipal Electric Peer Reviewers; Potential Approaches Filed Date: 6/7/19. Cooperative Association NITSA and for Characterizing the Estimated Accession Number: 20190607–5084. NOA to be effective 6/1/2019. Benefits of Reducing PM2.5 at Low Comments Due: 5 p.m. ET 6/28/19. Filed Date: 6/7/19. Concentrations Docket Numbers: ER19–2076–000. Accession Number: 20190607–5129. AGENCY: Environmental Protection Applicants: NorthWestern Comments Due: 5 p.m. ET 6/28/19. Agency (EPA). Corporation. Description: § 205(d) Rate Filing: Docket Numbers: ER19–2083–000. ACTION: Notice. Applicants: Golden Spread Electric SA305 14th Rev—NITSA with SUMMARY: The Environmental Protection Stillwater Mining Company to be Cooperative, Inc. Description: § 205(d) Rate Filing: Agency (EPA) invites the public to effective 7/1/2019. nominate scientific experts to be Filed Date: 6/7/19. Amended and Restated WPC—Rider F and Rev Def to be effective 6/1/2019. considered as peer reviewers for the Accession Number: 20190607–5085. EPA-drafted report titled, ‘‘Potential Filed Date: 6/7/19. Comments Due: 5 p.m. ET 6/28/19. Approaches for Characterizing the Accession Number: 20190607–5130. Docket Numbers: ER19–2077–000. Estimated Benefits of Reducing PM2.5 at Applicants: Public Service Company Comments Due: 5 p.m. ET 6/28/19. Low Concentrations’’. A nominee, if of Colorado. Take notice that the Commission selected, will assess the accuracy, Description: § 205(d) Rate Filing: received the following electric securities content, and interpretation of findings OATT Att O–PSCo Deprec/TCJA filings: of the report, ensuring that they are Filing—DRAFT to be effective 1/1/2018. Docket Numbers: ES19–32–000. factual and scientifically sound. The Filed Date: 6/7/19. Applicants: New York State Electric & peer review will provide input to EPA Accession Number: 20190607–5086. Gas Corporation, Rochester Gas and regarding the merits of the technical Comments Due: 5 p.m. ET 6/28/19. Electric Corporation, Central Maine approaches. Docket Numbers: ER19–2078–000. Power Company, The United DATES: The nomination period begins on Applicants: PJM Interconnection, Illuminating Company. June 13, 2019 and ends on July 5, 2019. L.L.C. Description: Application under ADDRESSES: Submit the nominations, Description: § 205(d) Rate Filing: Section 204 of the Federal Power Act for Amendment to ISA SA No. 5034; Queue identified by docket ID number EPA– Authorization to Issue Securities, et al. HQ–OAR–2019–0316. In addition, the No. AC1–097 to be effective 3/7/2018. of Avangrid Service Company, on behalf Filed Date: 6/7/19. nomination must include the nominee’s of its affiliate companies. full name, address, affiliation, telephone Accession Number: 20190607–5095. Filed Date: 6/7/19. Comments Due: 5 p.m. ET 6/28/19. number, email address, and a statement Accession Number: 20190607–5018. on the nominee’s expertise. Use one of Docket Numbers: ER19–2079–000. Comments Due: 5 p.m. ET 6/28/19. the following submission methods: Applicants: Midcontinent • Federal eRulemaking Portal: Independent System Operator, Inc. The filings are accessible in the https://www.regulations.gov (our Description: § 205(d) Rate Filing: Commission’s eLibrary system by preferred method). Follow the online 2019–06–07_SA 3311 Indian Lakes clicking on the links or querying the instructions for submitting nominations. Upgrade MPFCA (J928 J849) to be docket number. Any person desiring to intervene or • Email: [email protected]. effective 5/23/2019. Include the Docket ID No. EPA–HQ– Filed Date: 6/7/19. protest in any of the above proceedings must file in accordance with Rules 211 OAR–2019–0316 in the subject line of Accession Number: 20190607–5096. the message. Comments Due: 5 p.m. ET 6/28/19. and 214 of the Commission’s Regulations (18 CFR 385.211 and • Fax: (202) 566–9744. Include the Docket Numbers: ER19–2080–000. 385.214) on or before 5:00 p.m. Eastern Docket ID No. EPA–HQ–OAR–2019– Applicants: Southwest Power Pool, time on the specified comment date. 0316 in the subject line of the message. Inc. Protests may be considered, but • Mail: U.S. Environmental Description: § 205(d) Rate Filing: East intervention is necessary to become a Protection Agency, EPA Docket Center, River Formula Rate Revisions to Modify party to the proceeding. Office of Air and Radiation Docket, Mail Depreciation Rates to be effective 1/1/ eFiling is encouraged. More detailed Code 28221T, 1200 Pennsylvania 2019. information relating to filing Avenue NW, Washington, DC 20460. Filed Date: 6/7/19. • requirements, interventions, protests, Hand Delivery/Courier: EPA Docket Accession Number: 20190607–5119. service, and qualifying facilities filings Center, WJC West Building, Room 3334, Comments Due: 5 p.m. ET 6/28/19. can be found at: http://www.ferc.gov/ 1301 Constitution Avenue NW, Docket Numbers: ER19–2081–000. docs-filing/efiling/filing-req.pdf. For Washington, DC 20004. The Docket Applicants: Midcontinent other information, call (866) 208–3676 Center’s hours of operations are 8:30 Independent System Operator, Inc., (toll free). For TTY, call (202) 502–8659. a.m.–4:30 p.m., Monday–Friday (except Troutman Sanders LLP. Federal Holidays). Description: § 205(d) Rate Filing: Dated: June 7, 2019. Instructions: All submissions received 2019–06–07_SA 1926 & SA 3315 Kimberly D. Bose, must include the Docket ID No. for this METC–CE DTIA and TSA to be effective Secretary. Notice. Submissions received may be 12/31/9998. [FR Doc. 2019–12457 Filed 6–12–19; 8:45 am] posted without change to https:// Filed Date: 6/7/19. BILLING CODE 6717–01–P www.regulations.gov, including any

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personal information provided. For associated with premature deaths or more manuscripts in one more detailed instructions on sending estimated at these lower levels has over relevant manuscripts in journals with an submissions, see the SUPPLEMENTARY time taken on greater prominence, due impact factor of 5 or greater; and (2) INFORMATION section of this document. in part to decreasing ambient PM2.5 demonstrated expertise in one or more FOR FURTHER INFORMATION CONTACT: Neal concentrations, the public health of the following areas: Fann, Health and Environmental importance of PM2.5-associated A. Air pollution epidemiology. Author Impacts, Office of Air Quality Planning mortality, and the magnitude of the or co-author of multiple studies that and Standards (C–439–02), economic value of the effect. As a means examined the relationship between Environmental Protection Agency, 109 of improving its methods for quantifying long-term air pollution exposure and T.W. Alexander Drive, Durham, NC and characterizing effects estimated at mortality or morbidity in a large cohort. 27711. Phone: (919) 541–0209, Fax: these lower PM2.5 levels, the Agency is B. Air pollution biostatistics. Intricate (919) 541–5315, Email: Fann.Neal@ developing and evaluating potential knowledge of the development of new epa.gov. alternative approaches for estimating and innovative statistical methods to these effects. Potential approaches will SUPPLEMENTARY INFORMATION: examine the relationship between air be described in a U.S. EPA report. This pollution and human health. This I. General Information report will: Detail new techniques for knowledge is reflected in the deriving information regarding Submit your nomination, identified individual’s publication record, and by uncertainty at low PM concentrations by Docket ID No. EPA–HQ–OAR–2019– 2.5 leading or co-leading the development using data available from the peer- 0316, at https://www.regulations.gov of statistical models used in reviewed published epidemiology (our preferred method), or the other epidemiologic studies examining the literature; demonstrate the application methods identified in the ADDRESSES health effects of either short- or long- of these techniques in an example PM2.5 term air pollution exposure. section. Once submitted, submissions air pollution benefits assessment; cannot be edited or removed from the C. Risk assessment and benefits discuss the strengths and weaknesses of analysis. Expertise in the best practices docket. The EPA may publish any each technique; and, compare these submission received to its public for expressing the probability of techniques against alternatives population-level adverse outcomes docket. Do not submit electronically any including the use of lowest measured information you consider to be expected to occur due to changes in level cut-points or the use of meta- environmental stressors. This Confidential Business Information (CBI) analytic approaches designed to or other information whose disclosure is knowledge will have been reflected by characterize the magnitude of the PM the individual having led studies restricted by statute. Multimedia mortality effect across a broader array of submissions (audio, video, etc.) must be interpreting and applying novel concentrations. This report will be approaches in the epidemiology accompanied by a written submission. subject to an independent, contractor- The written submission is considered literature to characterize population led peer review. risks. Expertise in the best practices for the official submission and should The EPA identified the ‘‘Potential estimating the economic value of include discussion of all points you Approaches for Characterizing the uncertain air pollution-related effects, wish to make. The EPA will generally Estimated Benefits of Reducing PM2.5 at not consider submissions or submission Low Concentrations’’ as a Highly including the risk of premature death. content located outside of the primary Influential Scientific Assessment, and Expertise in characterizing uncertainty submission (i.e., on the Web, Cloud, or according to the Agency’s Science and in the value of reducing the risk of other file sharing system). For Technology Policy Council, Peer Review adverse effects. additional submission methods, the full Handbook (Fourth Edition, EPA/100/B– D. Decision sciences and uncertainty EPA public comment policy, 15/001, 2015) (Agency’s Peer Review analysis. Expertise in using quantitative information about CBI or multimedia Handbook), is required to conduct an techniques to inform decision-making in submissions, and general guidance on external peer review of that report and a public health, public policy or making effective comments, please visit supplemental files. The reviewers are regulatory context. Expertise in both https://www.epa.gov/dockets/ asked to assess the accuracy, content, frequentist and Bayesian techniques of commenting-epa-dockets. and interpretation of findings ensuring uncertainty analysis. E. Economics. Expertise in II. Background that they are factual and scientifically sound. The review shall generate econometrics, particularly in using The EPA uses evidence from long- comments from the individual expert these techniques to analyze time series term exposure cohort studies to estimate reviewers. data and panel data. Expertise in the number of PM2.5-related premature A synopsis of the report may be found running survival models and in deaths and morbidity effects in its air on the project website: https:// performing large-scale quantitative pollution benefits analyses. Generally, www.epa.gov/economic-and-cost- meta-analyses. Expertise in welfare the U.S. EPA quantifies effects for the analysis-air-pollution-regulations/PM_ economics. full distribution of ambient PM 2.5 Uncertainty. The Agency will IV. Peer-Review Panel Selection concentrations, including at periodically update this website to Criteria concentrations below the lowest include the full technical report, public measured levels (LML) of these studies; comments on the selected peer Selection criteria for individuals this reflects the current scientific reviewers and peer reviewer comments nominated to serve as external peer evidence, which does not find a on the technical report. reviewers include the following: threshold in the concentration-response A. Demonstrated expertise through relationship. However, because of the III. Expertise Sought relevant peer reviewed publications. absence of data at such low Any interested person or organization B. Professional accomplishments and concentrations, there is greater may nominate him or herself or any recognition by professional societies. uncertainty about the likelihood of qualified individual in the areas of C. Demonstrated ability to work health effects, including premature expertise described below. Peer constructively and effectively in an death. The degree of uncertainty reviewers should have: (1) Published 5 advisory panel setting.

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D. Absence of financial conflicts of the Agency’s Conflict of Interest (COI) Highland, Illinois, File No. BR– interest. and appearance of bias guidance with 20120709AC0; KZQZ–AM, Facility ID E. No actual conflicts of interest or the the Agency’s Peer Review Handbook, No. 72391, St. Louis, Missouri, File No. appearance of lack of impartiality. available online at: https:// BR–20120921AAW; and KQQZ–AM F. Background and experiences that www.epa.gov/osa/peer-review- Facility ID No. 5281, DeSoto, Missouri, would contribute to the diversity of handbook-4th-edition-2015. Following File No. BR–20120921ABA. The hearing viewpoints on the panel, e.g., workforce the screening process, the EPA will also determine whether the sector; geographical location; social, contractor will narrow the list of stations’ respective assignment of cultural, and educational backgrounds; potential reviewers. Prior to selecting license applications, File Nos. BAL– and professional affiliations. the final peer reviewers, a second 20160919ADH, BAL–20160919ADI, G. Willingness to commit adequate Federal Register notice will be BAL–20160919ADJ, and BAL– time for the thorough review of the draft published to solicit comments on the 20160919ADK should be dismissed, and external peer review document in July– interim list of 7–10 candidates. The applications to construct a new FM August 2019 (exact date to be public will be requested to provide translator station W275CS, Highland, determined). relevant information or documentation Illinois, Facility ID No. 200438, File H. Availability to participate in- on the nominees that the EPA contractor Nos. BNPFT–20170726AEF and person in a 1-day peer review meeting should consider in evaluating the BNPFT–20180314AAO to retransmit in Research Triangle Park, NC in August candidates within 21 days following the one of the stations should be dismissed. or September 2019 (exact date will be announcement of the interim DATES: Each party to the proceeding published in the Federal Register at candidates. Once the public comments (except for the Chief, Enforcement least 30 days prior to the external peer on the interim list of candidates have Bureau), in person or by counsel, shall review meeting). been reviewed, the EPA contractor will file with the Commission, by June 25, Further information regarding the select the final peer reviewers who, 2019, a written appearance stating that external peer review meeting will be collectively, best provide expertise the party will appear on the date fixed announced at a later date on the project spanning the multiple areas listed in for hearing and present evidence on the website here: https://www.epa.gov/ Unit III and, to the extent feasible, best issues specified herein. economic-and-cost-analysis-air- provide a balance of perspectives. The ADDRESSES: Federal Communications pollution-regulations/PM_Uncertainty. EPA contractor will ultimately notify Commission, 445 12th Street SW, V. Peer-Review Panel Selection Process candidates of selection or non-selection. Washington, DC 20554. Compensation of non-Federal peer The EPA contractor will follow the FOR FURTHER INFORMATION CONTACT: reviewers will be provided by the EPA Agency’s Conflict of Interest Review Irene Bleiweiss, 202–418–2700. contractor. Process for Contractor-Managed Peer SUPPLEMENTARY INFORMATION: This is a Reviews of EPA Highly Influential Dated: June 7, 2019. synopsis of the Commission’s Hearing Scientific Assessment (HISA) and Panagiotis Tsirigotis, Designation Order and Notice of Influential Scientific Information (ISI) Director, Office of Air Quality Planning and Opportunity for Hearing (Order), MB documents (https://www.epa.gov/sites/ Standards. Docket No. 19–156, adopted June 5, production/files/2015-01/documents/ [FR Doc. 2019–12487 Filed 6–12–19; 8:45 am] 2019, and released June 5, 2019. The epa-process-for-contractor_0.pdf) and BILLING CODE 6560–50–P full text of this Commission decision is Peer Review Handbook (https:// available for inspection and copying www.epa.gov/osa/peer-review- during normal business hours in the handbook-4th-edition-2015) to select the FEDERAL COMMUNICATIONS FCC’s Reference Information Center at peer-review panel. After candidates are COMMISSION Portals II, CY–A257, 445 12th Street, nominated subsequent to this Federal SW, Washington, DC 20554. The full Register notice, the EPA contractor will [MB Docket No. 19–156; DA 19–506] text is also available online at http:// apps.fcc.gov/ecfs/. This document is follow-up with nominees and request Entertainment Media Trust, Dennis J. available in alternative formats additional information such as: Watkins, Trustee; Hearing A. The disciplinary and specific areas (computer diskette, large print, audio of expertise of the nominee. AGENCY: Federal Communications record, and Braille). Persons with B. The nominee’s curriculum vitae. Commission. disabilities who need documents in C. A biographical sketch of the ACTION: Notice. these formats may contact the FCC by nominee indicating current position; email: [email protected] or phone: 202– educational background; past and SUMMARY: This document commences a 418–0530 or TTY: 202–418–0432. current research activities; recent hearing to determine whether service on other advisory committees, Entertainment Media Trust, Dennis J. Synopsis peer review panels, editorial boards, or Watkins, Trustee (EMT or the Trust) has 1. In the Order, the Commission professional organizations; sources of committed violations of the commences a hearing proceeding before recent grant and/or contract support; Communications Act of 1934, as the Administrative Law Judge to and other comments on the relevance of amended and/or the rules and determine whether Entertainment the nominee’s expertise to this peer regulations of the Federal Media Trust, Dennis J. Watkins, Trustee review topic. Communications Commission. The (EMT or the Trust) has committed The EPA contractor may also conduct hearing will determine whether the violations of the Communications Act of an independent search for candidates to applications for license renewal should 1934, as amended (Act) and/or the rules assemble a balanced group representing be denied and licenses should be and regulations (Rules) of the Federal the expertise needed to fully evaluate cancelled for four AM radio stations: Communications Commission EPA’s draft report and supplemental KFTK–AM (formerly WQQX–AM), (Commission) and, as a consequence, materials. The EPA contractor will Facility ID No. 72815, East St. Louis, whether EMT’s captioned applications consider and screen all candidates Illinois, File No. BR–20120709ACP; for license renewal should be denied, against the criteria listed in Unit III and WQQW–AM, Facility ID No. 90598, those station licenses accordingly

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cancelled, and applications to construct and other communications with the application for consent to assignment of a new FM translator station to Commission; and the licenses of Stations KFTK(AM) retransmit one of the stations should be (c) the Trust shields Romanik or the (formerly WQQX(AM)), WQQW(AM), dismissed. Trust’s beneficiaries from holding KZQZ(AM), and KQQZ(AM) should be 2. Between 2006 and 2010, EMT attributable interests in the Stations granted, denied or dismissed. purchased four AM radio stations: under the Commission’s ownership (h) To determine, in light of the KFTK(AM) (formerly WQQX(AM)), attribution policies. foregoing issues, whether the captioned WQQW(AM), KZQZ(AM), and 5. Accordingly, it is ordered, pursuant applications for a permit to construct KQQZ(AM) (collectively, Stations) in to sections 309(d), 309(e), and 309(k) of FM translator Station W275CS should the St. Louis market. EMT filed renewal the Act, 47 U.S.C. 309(d), 47 U.S.C. be granted, denied or dismissed. applications for each of these Stations in 309(e), and 47 U.S.C. 309(k), that the 6. It is further ordered that, pursuant 2012. On November 1, 2012, Mark A. captioned Renewal Applications, to sections 309(d), 309(e) and 309(k) of Kern (Kern), a local resident and listener Assignment Applications, and the Act and section 1.221(c) of the of the Stations, filed a petition to deny Translator Applications are designated Commission’s rules, 47 U.S.C. 309(d), EMT’s renewal applications, in which for hearing in a consolidated proceeding 47 U.S.C. 309(e), U.S.C. 309(k), and 47 he asserted that EMT ‘‘is a straw party before an FCC Administrative Law CFR 1.221(c), to avail itself of the for Robert Romanik, a convicted felon, Judge, at a time and place to be opportunity to be heard and to present who exercises de facto control of the specified in a subsequent Order, upon evidence at a hearing in this proceeding, Stations.’’ A Commission investigation the following issues: Entertainment Media Trust, Dennis J. confirmed that Robert S. Romanik (a) To determine whether Watkins, Trustee, in person or by an (Romanik), who has been convicted of Entertainment Media Trust, Dennis J. attorney, shall file with the felony offenses (obstruction of justice Watkins, Trustee is (and/or has been, Commission, within 20 calendar days of and bank fraud), established EMT and during the most recent license term) the release of the Order, a written provided all of EMT’s funds for the exercising affirmative control of Stations appearance stating that it will appear at acquisition of the Stations, but was not KFTK(AM) (formerly WQQX(AM)), the hearing and present evidence on the listed as a party in any of EMT’s WQQW(AM), KZQZ(AM), and issues specified above. Commission applications. The KQQZ(AM). 7. It is further ordered that, pursuant investigation found additional evidence (b) To determine whether there has to section 1.221(c) of the Commission’s supporting Kern’s claim that Romanik been a de facto transfer of control of rules, 47 CFR 1.221(c), if Entertainment exercises de facto control over the Stations KFTK(AM) (formerly Media Trust, Dennis J. Watkins, Trustee Stations, including evidence that WQQX(AM)), WQQW(AM), KZQZ(AM), fails to file, within 20 calendar days of Romanik identified himself as a radio and KQQZ(AM) to Robert S. Romanik in the release of the Order, a written station owner on various forms violation of section 310(d) of the Act, appearance, a petition to dismiss disclosing his political contributions, either occurring in the most recent without prejudice, or a petition to purported to assign EMT’s beneficial license term or continuing during that accept for good cause shown an interest in the Stations to his longtime license term. untimely written appearance, the girlfriend, Katrina M. Sanders, and (c) To determine whether Robert S. captioned applications shall be participated in negotiations involving a Romanik is (and/or has been, during the dismissed with prejudice for failure to Local Programming and Marketing most recent license term) a real-party-in- prosecute. Agreement with Emmis Radio, LLC for interest to the captioned applications for 8. It is further ordered that the Chief, KFTK in 2016. In addition, the Stations KFTK(AM) (formerly Enforcement Bureau, shall be made a investigation showed that the document WQQX(AM)), WQQW(AM), KZQZ(AM), party to this proceeding without the that EMT now identifies as its trust KQQZ(AM), and W275CS, both before need to file a written appearance. instrument was executed on December and after Stephen Romanik’s death. 9. It is further ordered that Mark A. 19, 2012 (after Kern’s 2012 Petition to (d) To determine whether Kern shall be made a party to this Deny and well after EMT acquired the Entertainment Media Trust, Dennis J. proceeding in his capacity as a Stations) and does not contain Watkins, Trustee or Dennis J. Watkins petitioner to one or more of the provisions insulating Romanik from engaged in misrepresentation and/or captioned applications. attribution of EMT’s interests in the lack of candor in applications and 10. It is further ordered that, pursuant Stations under the Commission’s communications with the Commission to section 309(e) of the Act, 47 U.S.C. ownership attribution policies. or otherwise violated 47 CFR 1.17 309(e), and section 1.254 of the 3. The Commission’s investigation during the most recent license term with Commission’s rules, 47 CFR 1.254, the was impeded by EMT’s failure or respect to matters involving Stations burden of proceeding with the inability to provide responsive KFTK(AM) (formerly WQQX(AM)), introduction of evidence and the burden information. The Commission’s hearing WQQW(AM), KZQZ(AM), KQQZ(AM), of proof shall be upon Entertainment process provides a more complete set of and W275CS. Media Trust, Dennis J. Watkins, Trustee discovery tools to develop a fuller (e) To determine whether as to all the issues at Paragraph 5 above. factual record. Entertainment Media Trust, Dennis J. 11. It is further ordered that a copy of 4. Based on the totality of the Watkins, Trustee, shields the grantor or each document filed in this proceeding evidence before the Commission, we the beneficiary from the ownership subsequent to the date of adoption of find there are substantial and material attribution requirements under section this document shall be served on the questions of fact as to whether: 73.3555 of the Commission’s rules. counsel of record appearing on behalf of (a) There has been an undisclosed de (f) To determine, in light of the the Chief, Enforcement Bureau. Parties facto transfer of control of the Stations evidence adduced pursuant to the may inquire as to the identity of such to Romanik and thus whether he is a foregoing issues, whether the captioned counsel by calling the Investigations & real party-in-interest to the pending license renewal applications should be Hearings Division of the Enforcement applications; granted. Bureau at (202) 418–1420. Such service (b) EMT engaged in misrepresentation (g) To determine, in light of the copy shall be addressed to the named and/or lack of candor in its applications foregoing issues, whether the captioned counsel of record, Investigations &

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Hearings Division, Enforcement Bureau, PRA), federal agencies are required to Contents Federal Communications Commission, publish notice in the Federal Register This notice sets out a summary of the 445 12th Street SW, Washington, DC concerning each proposed collection of use and burden associated with the 20554. information (including each proposed following information collections. More 12. It is further ordered that extension or reinstatement of an existing detailed information can be found in Entertainment Media Trust, Dennis J. collection of information) and to allow each collection’s supporting statement Watkins, Trustee, pursuant to section 60 days for public comment on the and associated materials (see 311(a)(2) of the Act, 47 U.S.C. 311(a)(2), proposed action. Interested persons are ADDRESSES). and section 73.3594 of the invited to send comments regarding our Commission’s rules, 47 CFR 73.3594, burden estimates or any other aspect of CMS 10434 Medicaid and CHIP shall give notice of the hearing within this collection of information, including Program (MACPro) the time and in the manner prescribed the necessity and utility of the proposed Under the PRA (44 U.S.C. 3501– in such Rules, and shall advise the information collection for the proper 3520), federal agencies must obtain Commission of the publication of such performance of the agency’s functions, approval from the Office of Management notice as required by section 73.3594(g) the accuracy of the estimated burden, and Budget (OMB) for each collection of of the Commission’s rules, 47 CFR ways to enhance the quality, utility, and information they conduct or sponsor. 73.3594(g). clarity of the information to be The term ‘‘collection of information’’ is 13. It is further ordered that copies of collected, and the use of automated defined in 44 U.S.C. 3502(3) and 5 CFR the Hearing Designation Order and collection techniques or other forms of 1320.3(c) and includes agency requests Notice of Opportunity for Hearing shall information technology to minimize the or requirements that members of the be sent via Certified Mail, Return information collection burden. public submit reports, keep records, or Receipt Requested, and by regular first DATES: Comments must be received by provide information to a third party. class mail to the following: August 12, 2019. Section 3506(c)(2)(A) of the PRA Entertainment Media Trust, Dennis J. requires federal agencies to publish a ADDRESSES: When commenting, please Watkins, Trustee, 6500 West Main 60-day notice in the Federal Register reference the document identifier or Street, Suite 315, Belleville, IL 62223; concerning each proposed collection of OMB control number. To be assured Anthony Lepore, Esq., P.O. Box 823662, information, including each proposed consideration, comments and South Florida, FL 33082–3662; Davina extension or reinstatement of an existing recommendations must be submitted in S. Sashkin, Esq., Fletcher, Heald & collection of information, before any one of the following ways: Hildreth, 1300 North 17th Street, 11th submitting the collection to OMB for Floor, Arlington, VA 22209; Mark A. 1. Electronically. You may send your approval. To comply with this Kern, 111 South High Street, Belleville, comments electronically to http:// requirement, CMS is publishing this IL 62220; Richard A. Helmick, Esq., and www.regulations.gov. Follow the notice. Howard M. Liberman, Esq., 1800 M instructions for ‘‘Comment or Information Collection Street NW, Suite 800N, Washington, DC Submission’’ or ‘‘More Search Options’’ 20036. to find the information collection 1. Type of Information Collection 14. It is further ordered that a copy of document(s) that are accepting Request: Extension of a currently this document, or a summary thereof, comments. approved collection; Title of shall be published in the Federal Information Collection: Medicaid and Register. 2. By regular mail. You may mail written comments to the following CHIP Program (MACPro); Use: The Federal Communications Commission. address: CMS, Office of Strategic MACPro system is being transitioned to Thomas Horan, Operations and Regulatory Affairs, become the system of record that will be Chief of Staff, Media Bureau. Division of Regulations Development, used by both state and CMS officials to: [FR Doc. 2019–12479 Filed 6–12–19; 8:45 am] Attention: Document Identifier/OMB Improve the state application and federal review processes, improve BILLING CODE 6712–01–P Control Number ll , Room C4–26–05, 7500 Security Boulevard, Baltimore, federal program management of Maryland 21244–1850. Medicaid programs and CHIP, and standardize Medicaid program data. DEPARTMENT OF HEALTH AND To obtain copies of a supporting Specifically, it will be used by state HUMAN SERVICES statement and any related forms for the agencies to: Submit and amend proposed collection(s) summarized in Medicaid state plans, CHIP state plans Centers for Medicare & Medicaid this notice, you may make your request and ADPs (Information System Services using one of following: Advanced Planning Documents); submit [Document Identifier: CMS–10434] 1. Access CMS’ website address at applications and amendments for state website address at https://www.cms.gov/ waivers, demonstrations, and Agency Information Collection Regulations-and-Guidance/Legislation/ benchmark and grant programs; and Activities: Proposed Collection; PaperworkReductionActof1995/PRA- submit reporting data. Among the Comment Request Listing.html. collections submitted for approval AGENCY: Centers for Medicare & 2. Email your request, including your under MACPro will be relevant Medicaid Services, HHS. address, phone number, OMB number, collections that are currently approved ACTION: Notice. and CMS document identifier, to under our generic umbrella information [email protected]. collection request (CMS–10398; OMB SUMMARY: The Centers for Medicare & 3. Call the Reports Clearance Office at control number 0938–1148), certain Medicaid Services (CMS) is announcing (410) 786–1326. collections approved as a regular stand- an opportunity for the public to alone information collections, and FOR FURTHER INFORMATION CONTACT: comment on CMS’ intention to collect upcoming collections. A list of those information from the public. Under the William N. Parham at (410) 786–4669. collections is included in our PRA Paperwork Reduction Act of 1995 (the SUPPLEMENTARY INFORMATION: package. Form Number: CMS–10434

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(OMB control number: 0938–1188); solely responsible for ensuring that your contact information to be made publicly Frequency: Monthly, yearly, quarterly, comment does not include any available, you can provide this semi-annually, once, or occasionally; confidential information that you or a information on the cover sheet and not Affected Public: State, Local, or Tribal third party may not wish to be posted, in the body of your comments and you Governments; Number of Respondents: such as medical information, your or must identify this information as 56; Total Annual Responses: 3,360; anyone else’s Social Security number, or ‘‘confidential.’’ Any information marked Total Annual Hours: 96,844. (For policy confidential business information, such as ‘‘confidential’’ will not be disclosed questions regarding this collection as a manufacturing process. Please note except in accordance with 21 CFR 10.20 contact Annette Pearson at 410–786– that if you include your name, contact and other applicable disclosure law. For 6858). information, or other information that more information about FDA’s posting Dated: June 10, 2019. identifies you in the body of your of comments to public dockets, see 80 comments, that information will be William N. Parham, III, FR 56469, September 18, 2015, or access posted on https://www.regulations.gov. the information at: https://www.gpo.gov/ Director, Paperwork Reduction Staff, Office • If you want to submit a comment fdsys/pkg/FR-2015-09-18/pdf/2015- of Strategic Operations and Regulatory with confidential information that you Affairs. 23389.pdf. do not wish to be made available to the Docket: For access to the docket to [FR Doc. 2019–12489 Filed 6–12–19; 8:45 am] public, submit the comment as a read background documents or the BILLING CODE 4120–01–P written/paper submission and in the electronic and written/paper comments manner detailed (see ‘‘Written/Paper received, go to https:// Submissions’’ and ‘‘Instructions’’). DEPARTMENT OF HEALTH AND www.regulations.gov and insert the HUMAN SERVICES Written/Paper Submissions docket number, found in brackets in the heading of this document, into the Submit written/paper submissions as Food and Drug Administration ‘‘Search’’ box and follow the prompts follows: and/or go to the Dockets Management • Mail/Hand delivery/Courier (for [Docket No. FDA–2019–D–2105] Staff, 5630 Fishers Lane, Rm. 1061, written/paper submissions): Dockets Rockville, MD 20852. Mouse Embryo Assay for Assisted Management Staff (HFA–305), Food and You may submit comments on any Reproduction Technology Devices; Drug Administration, 5630 Fishers guidance at any time (see 21 CFR Draft Guidance for Industry and Food Lane, Rm. 1061, Rockville, MD 20852. and Drug Administration Staff; • For written/paper comments 10.115(g)(5)). Availability submitted to the Dockets Management An electronic copy of the guidance Staff, FDA will post your comment, as document is available for download AGENCY: Food and Drug Administration, well as any attachments, except for from the internet. See the HHS. information submitted, marked and SUPPLEMENTARY INFORMATION section for ACTION: Notice of availability. identified, as confidential, if submitted information on electronic access to the as detailed in ‘‘Instructions.’’ guidance. Submit written requests for a SUMMARY: The Food and Drug Instructions: All submissions received single hard copy of the draft guidance Administration (FDA or Agency) is must include the Docket No. FDA– document entitled ‘‘Mouse Embryo announcing the availability of the draft 2019–D–2105 for ‘‘Mouse Embryo Assay Assay for Assisted Reproduction guidance entitled ‘‘Mouse Embryo for Assisted Reproduction Technology Technology Devices’’ to the Office of Assay for Assisted Reproduction Devices.’’ Received comments will be Policy, Guidance and Policy Technology Devices.’’ This draft placed in the docket and, except for Development, Center for Devices and guidance document provides those submitted as ‘‘Confidential Radiological Health, Food and Drug recommendations on conducting the Submissions,’’ publicly viewable at Administration, 10903 New Hampshire Mouse Embryo Assay (MEA) to support https://www.regulations.gov or at the Ave., Bldg. 66, Rm. 5431, Silver Spring, premarket submissions and lot release Dockets Management Staff between 9 MD 20993–0002. Send one self- of assisted reproduction technology a.m. and 4 p.m., Monday through addressed adhesive label to assist that devices. This draft guidance is not final Friday. office in processing your request. nor is it in effect at this time. • Confidential Submissions—To FOR FURTHER INFORMATION CONTACT: DATES: Submit either electronic or submit a comment with confidential Yun-shang Piao, Center for Devices and written comments on the draft guidance information that you do not wish to be Radiological Health, Food and Drug by August 12, 2019 to ensure that the made publicly available, submit your Administration, 10903 New Hampshire Agency considers your comment on this comments only as a written/paper Ave., Bldg. 66, Rm. G119, Silver Spring, draft guidance before it begins work on submission. You should submit two MD 20993–0002, 301–796–5592. the final version of the guidance. copies total. One copy will include the SUPPLEMENTARY INFORMATION: ADDRESSES: You may submit comments information you claim to be confidential I. Background on any guidance at any time as follows: with a heading or cover note that states ‘‘THIS DOCUMENT CONTAINS Assisted Reproduction Technology Electronic Submissions CONFIDENTIAL INFORMATION.’’ The (ART) devices can directly or indirectly Submit electronic comments in the Agency will review this copy, including contact gametes and/or embryos during following way: the claimed confidential information, in use. ART devices are typically assessed • Federal eRulemaking Portal: its consideration of comments. The for their embryotoxic potential using the https://www.regulations.gov. Follow the second copy, which will have the MEA to determine whether they instructions for submitting comments. claimed confidential information negatively affect gametes and/or Comments submitted electronically, redacted/blacked out, will be available embryos. Several classification including attachments, to https:// for public viewing and posted on regulations under 21 CFR part 884 www.regulations.gov will be posted to https://www.regulations.gov. Submit include special controls that require the docket unchanged. Because your both copies to the Dockets Management MEA testing or information. MEA may comment will be made public, you are Staff. If you do not wish your name and also be used by sponsors to support

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premarket submissions for other devices does not establish any rights for any of ‘‘Mouse Embryo Assay for Assisted that are intended to contact gametes person and is not binding on FDA or the Reproduction Technology Devices’’ may and/or embryos during their use. public. You can use an alternative send an email request to CDRH- However, there are no voluntary approach if it satisfies the requirements [email protected] to receive an consensus standards that describe how of the applicable statutes and electronic copy of the document. Please to conduct the MEA. This draft regulations. This guidance is not subject use the document number 16015 to guidance provides recommendations for to Executive Order 12866. identify the guidance you are conducting the MEA to support III. Electronic Access requesting. premarket submissions for devices that are intended to contact gametes and/or Persons interested in obtaining a copy IV. Paperwork Reduction Act of 1995 embryos and to comply with the special of the draft guidance may do so by controls for those devices classified downloading an electronic copy from This draft guidance refers to under 21 CFR 884 that require MEA the internet. A search capability for all previously approved collections of testing or information. Center for Devices and Radiological information. These collections of Health guidance documents is available information are subject to review by the II. Significance of Guidance at https://www.fda.gov/medical-devices/ Office of Management and Budget This draft guidance is being issued device-advice-comprehensive- (OMB) under the Paperwork Reduction consistent with FDA’s good guidance regulatory-assistance/guidance- Act of 1995 (44 U.S.C. 3501–3520). The practices regulation (21 CFR 10.115). documents-medical-devices-and- collections of information in the The draft guidance, when finalized, will radiation-emitting-products. This following FDA regulations have been represent the current thinking of FDA guidance document is also available at approved by OMB as listed in the on ‘‘Mouse Embryo Assay for Assisted https://www.regulations.gov. Persons following table: Reproduction Technology Devices.’’ It unable to download an electronic copy

OMB Control 21 CFR Part Topic No.

807, subpart E ...... Premarket Notification ...... 0910–0120 800, 801, and 809 ...... Medical Device Labeling Regulations ...... 0910–0485

Dated: June 6, 2019. response to the notice. This notice comment does not include any Lowell J. Schiller, solicits comments on the information confidential information that you or a Principal Associate Commissioner for Policy. collection ‘‘Requirements Under the third party may not wish to be posted, [FR Doc. 2019–12430 Filed 6–12–19; 8:45 am] Comprehensive Smokeless Tobacco such as medical information, your or BILLING CODE 4164–01–P Health Education Act of 1986, as anyone else’s Social Security number, or Amended by the Family Smoking confidential business information, such Prevention and Tobacco Control Act.’’ as a manufacturing process. Please note DEPARTMENT OF HEALTH AND DATES: Submit either electronic or that if you include your name, contact HUMAN SERVICES written comments on the collection of information, or other information that information by August 12, 2019. identifies you in the body of your Food and Drug Administration ADDRESSES: You may submit comments comments, that information will be posted on https://www.regulations.gov. [Docket No. FDA–2013–N–0190] as follows. Please note that late, untimely filed comments will not be • If you want to submit a comment Agency Information Collection considered. Electronic comments must with confidential information that you Activities; Proposed Collection; be submitted on or before August 12, do not wish to be made available to the Comment Request; Requirements 2019. The https://www.regulations.gov public, submit the comment as a Under the Comprehensive Smokeless electronic filing system will accept written/paper submission and in the Tobacco Health Education Act of 1986, comments until 11:59 p.m. Eastern Time manner detailed (see ‘‘Written/Paper as Amended by the Family Smoking at the end of August 12, 2019. Submissions’’ and ‘‘Instructions’’). Prevention and Tobacco Control Act Comments received by mail/hand Written/Paper Submissions delivery/courier (for written/paper AGENCY: Food and Drug Administration, submissions) will be considered timely Submit written/paper submissions as HHS. if they are postmarked or the delivery follows: • ACTION: Notice. service acceptance receipt is on or Mail/Hand Delivery/Courier (for before that date. written/paper submissions): Dockets SUMMARY: The Food and Drug Management Staff (HFA–305), Food and Administration (FDA or Agency) is Electronic Submissions Drug Administration, 5630 Fishers announcing an opportunity for public Submit electronic comments in the Lane, Rm. 1061, Rockville, MD 20852. comment on the proposed collection of following way: • For written/paper comments certain information by the Agency. • Federal eRulemaking Portal: submitted to the Dockets Management Under the Paperwork Reduction Act of https://www.regulations.gov. Follow the Staff, FDA will post your comment, as 1995 (PRA), Federal Agencies are instructions for submitting comments. well as any attachments, except for required to publish notice in the Comments submitted electronically, information submitted, marked and Federal Register concerning each including attachments, to https:// identified, as confidential, if submitted proposed collection of information www.regulations.gov will be posted to as detailed in ‘‘Instructions.’’ including each proposed extension of an the docket unchanged. Because your Instructions: All submissions received existing collection of information and to comment will be made public, you are must include the Docket No. FDA– allow 60 days for public comment in solely responsible for ensuring that your 2013–N–0190 for ‘‘Requirements Under

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the Comprehensive Smokeless Tobacco FOR FURTHER INFORMATION CONTACT: Requirements Under the Health Education Act of 1986, as Amber Sanford, Office of Operations, Comprehensive Smokeless Tobacco Amended by the Family Smoking Food and Drug Administration, Three Health Education Act of 1986, as Prevention and Tobacco Control Act.’’ White Flint North, 10A–12M, 11601 Amended by the Family Smoking Received comments, those filed in a Landsdown St., North Bethesda, MD Prevention and Tobacco Control Act timely manner (see ADDRESSES), will be 20852, 301–796–8867, PRAStaff@ OMB Control Number 0910–0671— placed in the docket and, except for fda.hhs.gov. Extension those submitted as ‘‘Confidential Submissions,’’ publicly viewable at SUPPLEMENTARY INFORMATION: Under the The Family Smoking Prevention and https://www.regulations.gov or at the PRA (44 U.S.C. 3501–3520), Federal Tobacco Control Act (Tobacco Control Dockets Management Staff between 9 Agencies must obtain approval from the Act) was enacted on June 22, 2009, a.m. and 4 p.m., Monday through Office of Management and Budget amending the Federal Food, Drug, and Friday. (OMB) for each collection of Cosmetic Act and providing FDA with • Confidential Submissions—To information they conduct or sponsor. the authority to regulate tobacco submit a comment with confidential ‘‘Collection of information’’ is defined products (Pub. L. 111–31). Section 3 of information that you do not wish to be in 44 U.S.C. 3502(3) and 5 CFR the Comprehensive Smokeless Tobacco made publicly available, submit your 1320.3(c) and includes Agency requests Health Education Act of 1986 (the comments only as a written/paper or requirements that members of the Smokeless Tobacco Act) (15 U.S.C. submission. You should submit two public submit reports, keep records, or 4402), as amended by section 204 of the Tobacco Control Act, requires, among copies total. One copy will include the provide information to a third party. other things, that all smokeless tobacco information you claim to be confidential Section 3506(c)(2)(A) of the PRA (44 with a heading or cover note that states product packages and advertisements U.S.C. 3506(c)(2)(A)) requires Federal ‘‘THIS DOCUMENT CONTAINS bear one of four required warning Agencies to provide a 60-day notice in CONFIDENTIAL INFORMATION.’’ The statements. Section 3(b)(3)(A) of the Agency will review this copy, including the Federal Register concerning each Smokeless Tobacco Act requires that the the claimed confidential information, in proposed collection of information, warnings be displayed on packaging and its consideration of comments. The including each proposed extension of an advertising for each brand of smokeless second copy, which will have the existing collection of information, tobacco ‘‘in accordance with a plan claimed confidential information before submitting the collection to OMB submitted by the tobacco product redacted/blacked out, will be available for approval. To comply with this manufacturer, importer, distributor, or for public viewing and posted on requirement, FDA is publishing notice retailer’’ to, and approved by, FDA. https://www.regulations.gov. Submit of the proposed collection of This information collection, the both copies to the Dockets Management information set forth in this document. submission to FDA of warning plans for Staff. If you do not wish your name and With respect to the following smokeless tobacco products, is contact information to be made publicly collection of information, FDA invites statutorily mandated. The warning available, you can provide this comments on these topics: (1) Whether plans will be reviewed by FDA, as information on the cover sheet and not the proposed collection of information required by the Smokeless Tobacco Act, in the body of your comments and you is necessary for the proper performance to determine whether the companies’ must identify this information as of FDA’s functions, including whether plans for the equal distribution and ‘‘confidential.’’ Any information marked display of warning statements on the information will have practical as ‘‘confidential’’ will not be disclosed packaging and the quarterly rotation of utility; (2) the accuracy of FDA’s except in accordance with 21 CFR 10.20 warning statements in advertising for estimate of the burden of the proposed and other applicable disclosure law. For each brand of smokeless tobacco more information about FDA’s posting collection of information, including the products comply with section 3 of the of comments to public dockets, see 80 validity of the methodology and Smokeless Tobacco Act, as amended. FR 56469, September 18, 2015, or access assumptions used; (3) ways to enhance Additionally, FDA considers a the information at: https://www.gpo.gov/ the quality, utility, and clarity of the submission to be a supplement if the fdsys/pkg/FR-2015-09-18/pdf/2015- information to be collected; and (4) submitter is seeking approval of a 23389.pdf. ways to minimize the burden of the change to an FDA-approved warning Docket: For access to the docket to collection of information on plan. read background documents or the respondents, including through the use Based on FDA’s experience over the electronic and written/paper comments of automated collection techniques, past several years, FDA believes the received, go to https:// when appropriate, and other forms of estimate of 60 hours to complete an www.regulations.gov and insert the information technology. initial rotational plan continues to be docket number, found in brackets in the accurate. If a supplement to an heading of this document, into the approved plan is submitted, FDA ‘‘Search’’ box and follow the prompts estimates it will take half the time per and/or go to the Dockets Management response (30 hours). Staff, 5630 Fishers Lane, Rm. 1061, FDA estimates the burden of this Rockville, MD 20852. collection of information as follows: TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN

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

Submission of Initial rotational plans for health warning statements ...... 4 1 4 60 240 $48

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TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN—Continued

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

Supplement to approved plan ...... 10 1 10 30 300 120

Total ...... 540 168

FDA estimates a total of 4 respondents SUMMARY: The Office of the Assistant would constitute a clearly unwarranted will submit a new original warning plan Secretary for Health published a invasion of personal privacy. and take 60 hours to complete a document in the Federal Register of Name of Committee: Center for Scientific rotational warning plan for a total of 240 June 3, 2019, announcing the Pain Review Special Emphasis Panel; PAR17–094: burden hours. In addition, 10 Management Best Practices Inter- Maximizing Investigators’ Research Award respondents will submit a supplement Agency Task Force’s virtual public (R35). to an approved warning plan at 30 hours meeting. This document is announcing Date: July 9, 2019. per response for a total of 300 hours. a change in the meeting date. Time: 8:00 a.m. to 6:00 p.m. The total burden for this collection is Agenda: To review and evaluate grant FOR FURTHER INFORMATION CONTACT: Ms. applications. estimated to be 540 hours. Alicia Richmond Scott, 240–453–2816; Place: Bethesda North Marriott Hotel Capital costs are based on 14 [email protected]. Conference Center, Montgomery County respondents mailing in their submission SUPPLEMENTARY INFORMATION: Conference Center Facility, 5701 Marinelli at a postage rate of $12 for a 5-pound Road, North Bethesda, MD 20852. parcel (business parcel post mail Correction Contact Person: Baishali Maskeri, Ph.D., Scientific Review Officer, Center for delivered from the furthest delivery In the Federal Register of June 3, zone). Therefore, FDA estimates that the Scientific Review, National Institutes of 2019, in FR Doc. 2019–11473, on page Health, 6701 Rockledge Drive, Room 2022, total postage cost for mailing the 25548, in the first column, correct the rotational warning plans FDA to be Bethesda, MD 20892, 301–827–2864, DATES caption to read: [email protected] $168. We have adjusted our burden DATES: The Task Force meeting will be Name of Committee: Center for Scientific estimate, which has resulted in a held on Wednesday, June 26, 2019 from Review Special Emphasis Panel; RFA Panel: Healthy Brain and Child Development Study decrease of 5,460 hours and 86 5:00 p.m. to 6:30 p.m. Eastern Time (ET). The agenda will be posted on the (Healthy BCD). respondents to the currently approved Date: July 11, 2019. burden. We received a total number of Task Force website at https:// Time: 8:30 a.m. to 6:00 p.m. 44 original smokeless warning plans, www.hhs.gov/ash/advisory-committees/ Agenda: To review and evaluate grant and a total of 17 supplements. After pain/index.html. applications. receiving the initial influx of original Dated: June 6, 2019. Place: Residence Inn Capital View, 2850 South Potomac Avenue, Arlington, VA 22202 warnings plans, FDA does not expect to Vanila M. Singh, receive as many original warning plans Contact Person: Heidi B. Friedman, Ph.D., Chief Medical Officer, Chair, Pain Scientific Review Officer, Center for annually. We expect that a few Management Best Practices Inter-Agency Scientific Review, National Institutes of supplements will continue to be Task Force, Office of the Assistant Secretary Health, 6701 Rockledge Drive, Room 1012A, received as new products are marketed for Health. MSC 7770, Bethesda, MD 20892, 301–379– or as warning plans are revised. We [FR Doc. 2019–12482 Filed 6–12–19; 8:45 am] 5632, [email protected]. anticipate a total number of 10 BILLING CODE 4150–28–P Name of Committee: Center for Scientific supplements submitted annually and 4 Review Special Emphasis Panel; PAR Panel: original smokeless warning plans. Chronic Disease and the Reduction of Health Disparities. Dated: June 7, 2019. DEPARTMENT OF HEALTH AND HUMAN SERVICES Date: July 12, 2019. Lowell J. Schiller, Time: 10:30 a.m. to 3:30 p.m. Principal Associate Commissioner for Policy. National Institutes of Health Agenda: To review and evaluate grant [FR Doc. 2019–12472 Filed 6–12–19; 8:45 am] applications. Place: National Institutes of Health, 6701 BILLING CODE 4164–01–P Center for Scientific Review; Notice of Closed Meetings Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call). Contact Person: Karen Nieves Lugo, Ph.D., DEPARTMENT OF HEALTH AND Pursuant to section 10(d) of the Federal Advisory Committee Act, as Scientific Review Officer, Center for HUMAN SERVICES Scientific Review, National Institutes of amended, notice is hereby given of the Health, Bethesda, MD 20892, Office of the Assistant Secretary for following meetings. [email protected]. Health The meetings will be closed to the Name of Committee: AIDS and Related public in accordance with the Research Integrated Review Group; Meeting of the Pain Management Best provisions set forth in sections Population and Public Health Approaches to Practices Inter-Agency Task Force; 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., HIV/AIDS Study Section Correction as amended. The grant applications and Date: July 15–16, 2019. the discussions could disclose Time: 8:00 a.m. to 6:00 p.m. AGENCY: Office of the Assistant Agenda: To review and evaluate grant Secretary for Health, Office of the confidential trade secrets or commercial applications, Secretary, Department of Health and property such as patentable material, Place: Hotel Nikko San Francisco, 222 Human Services. and personal information concerning Mason Street, San Francisco, CA 94102 individuals associated with the grant Contact Person: Jose H. Guerrier, Ph.D., ACTION: Notice; correction. applications, the disclosure of which Scientific Review Officer, Center for

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Scientific Review, National Institutes of Place: National Institutes of Health, 6701 121: Early-Stage Preclinical Validation of Health, 6701 Rockledge Drive, Room 5222, Rockledge Drive, Bethesda, MD 20892 Therapeutic Leads for Diseases of Interest to MSC 7852, Bethesda, MD 20892, 301–435– (Virtual Meeting). the NIDDK. 1137, [email protected]. Contact Person: Andrea Keane-Myers, Date: July 16, 2019. Name of Committee: Center for Scientific Ph.D., Scientific Review Officer, Center for Time: 5:00 p.m. to 6:00 p.m. Review Special Emphasis Panel; Small Scientific Review, National Institutes of Agenda: To review and evaluate grant Business: Neuroscience Assay, Diagnostics Health, 6701 Rockledge Drive, Room 4218, applications. and Animal Model Development. Bethesda, MD 20892, 301–435–1221, Place: National Institutes of Health, 6701 Date: July 15–16, 2019. [email protected]. Rockledge Drive, Bethesda, MD 20892 Time: 8:00 a.m. to 5:00 p.m. Name of Committee: Center for Scientific (Virtual Meeting). Agenda: To review and evaluate grant Review Special Emphasis Panel; Lung Injury Contact Person: Elaine Sierra-Rivera, Ph.D., applications. and Fibrosis. Scientific Review Officer, EMNR IRG, Center Place: Sir Francis Drake Hotel, 450 Powell Date: July 16–17, 2019. for Scientific Review, National Institutes of Street at Kimpton Hotel, San Francisco, CA Time: 9:00 a.m. to 3:00 p.m. Health, 6701 Rockledge Drive, Room 6182 94102. Agenda: To review and evaluate grant MSC 7892, Bethesda, MD 20892, 301 435– Contact Person: Susan Gillmor, Ph.D., applications. 2514, [email protected]. Scientific Review Officer, National Institutes Place: National Institutes of Health, RKL II, (Catalogue of Federal Domestic Assistance of Health, Center for Scientific Review, 6701 6701 Rockledge Drive, Bethesda, MD 20892 Program Nos. 93.306, Comparative Medicine; Rockledge Drive, Bethesda, MD 20892, 240– (Virtual Meeting). 93.333, Clinical Research, 93.306, 93.333, 762–3076, [email protected]. Contact Person: George M. Barnas, Ph.D., 93.337, 93.393–93.396, 93.837–93.844, Name of Committee: Center for Scientific Scientific Review Officer, Center for 93.846–93.878, 93.892, 93.893, National Scientific Review, National Institutes of Review Special Emphasis Panel; PAR Panel: Institutes of Health, HHS) Human-Animal Interaction (HAI) Research. Health, 6701 Rockledge Drive, Room 4220, Date: July 15, 2019. MSC 7818, Bethesda, MD 20892, 301–435– Dated: June 7, 2019. Time: 11:00 a.m. to 5:00 p.m. 0696, [email protected]. Sylvia L. Neal, Agenda: To review and evaluate grant Name of Committee: Center for Scientific Program Analyst, Office of Federal Advisory applications. Review Special Emphasis Panel; Topics in Committee Policy. Place: National Institutes of Health, RKL II, Drug Discovery and Clinical Field Studies. [FR Doc. 2019–12474 Filed 6–12–19; 8:45 am] 6701 Rockledge Drive, Bethesda, MD 20892 Date: July 16, 2019. (Virtual Meeting). Time: 9:30 a.m. to 5:30 p.m. BILLING CODE 4140–01–P Contact Person: Biao Tian, Ph.D., Scientific Agenda: To review and evaluate grant Review Officer, Center for Scientific Review, applications. National Institutes of Health, 6701 Rockledge Place: National Institutes of Health, 6701 DEPARTMENT OF HOMELAND Drive, Room 3089B, MSC 7848, Bethesda, Rockledge Drive, Bethesda, MD 20892. SECURITY MD 20892, (301) 402–4411, tianbi@ Contact Person: Liangbiao Zheng, Ph.D., csr.nih.gov. Scientific Review Officer, Center for U.S. Customs and Border Protection Name of Committee: Center for Scientific Scientific Review, National Institutes of Review Special Emphasis Panel; Health, 6701 Rockledge Drive, Room 3202, [1651–0032] Fellowships: Cell Biology, Developmental MSC 7808, Bethesda, MD 20892, 301–996– Biology, and Bioengineering. 5819, [email protected]. Agency Information Collection Date: July 16–17, 2019. Name of Committee: Center for Scientific Activities: Importers of Merchandise Time: 8:00 a.m. to 6:00 p.m. Review Special Emphasis Panel; PAR 16– Subject to Actual Use Provisions Agenda: To review and evaluate grant 121: Early-Stage Preclinical Validation of applications. Therapeutic Leads for Diseases of Interest to AGENCY: U.S. Customs and Border Place: Doubletree Hotel Bethesda the NIDDK. Protection (CBP), Department of (Formerly Holiday Inn Select), 8120 Date: July 16, 2019. Homeland Security. Wisconsin Avenue, Bethesda, MD 20814. Time: 10:00 a.m. to 6:00 p.m. ACTION: 30-Day notice and request for Contact Person: Alexander Gubin, Ph.D., Agenda: To review and evaluate grant Scientific Review Officer, Center for applications. comments; extension of an existing Scientific Review, National Institutes of Place: National Institutes of Health, 6701 collection of information. Health, 6701 Rockledge Drive, Room 4196, Rockledge Drive, Bethesda, MD 20892 MSC 7812, Bethesda, MD 20892, 301–435– (Virtual Meeting). SUMMARY: The Department of Homeland 2902, [email protected]. Contact Person: Antonello Pileggi, MD, Security, U.S. Customs and Border Name of Committee: Center for Scientific Ph.D., Scientific Review Officer, Center for Protection will be submitting the Review Special Emphasis Panel; Topics in Scientific Review, National Institutes of following information collection request Bacterial Pathogenesis. Health, 6701 Rockledge Drive, Room 6166, to the Office of Management and Budget Date: July 16, 2019. Bethesda, MD 20892–7892, (301) 402–6297, (OMB) for review and approval in Time: 8:00 a.m. to 5:00 p.m. [email protected]. accordance with the Paperwork Agenda: To review and evaluate grant Name of Committee: Center for Scientific Reduction Act of 1995 (PRA). The applications. Review Special Emphasis Panel; Member information collection is published in Place: Drury Plaza Hotel by the Arch, 2nd Conflict: Topics in Virology. the Federal Register to obtain comments and 4th Street, St. Louis, MO 63102. Date: July 16, 2019. Contact Person: Richard G. Kostriken, Time: 10:00 a.m. to 6:00 p.m. from the public and affected agencies. Ph.D., Scientific Review Officer, Center for Agenda: To review and evaluate grant Comments are encouraged and must be Scientific Review, National Institutes of applications. submitted (no later than July 15, 2019 to Health, 6701 Rockledge Drive, Room 3192, Place: National Institutes of Health, 6701 be assured of consideration. MSC 7808, Bethesda, MD 20892, 240–519– Rockledge Drive, Bethesda, MD 20892 ADDRESSES: Interested persons are 7808, [email protected]. (Virtual Meeting). invited to submit written comments on Name of Committee: Center for Scientific Contact Person: Marci Scidmore, Ph.D., this proposed information collection to Review Special Emphasis Panel; RFA–AI– Scientific Review Officer, Center for Scientific Review, National Institutes of the Office of Information and Regulatory 18–054 U.S.-Brazil Collaborative Biomedical Affairs, Office of Management and Research Program. Health, 6701 Rockledge Drive, Room 3192, Date: July 16, 2019. MSC 7808, Bethesda, MD 20892, 301–435– Budget. Comments should be addressed Time: 9:00 a.m. to 5:00 p.m. 1149, [email protected]. to the OMB Desk Officer for Customs Agenda: To review and evaluate grant Name of Committee: Center for Scientific and Border Protection, Department of applications. Review Special Emphasis Panel; PAR 16– Homeland Security, and sent via

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electronic mail to dhsdeskofficer@ OMB Number: 1651–0032. Comments are encouraged and must be omb.eop.gov. Current Actions: CBP proposes to submitted no later than July 15, 2019 to FOR FURTHER INFORMATION CONTACT: extend the expiration date of this be assured of consideration. Requests for additional PRA information information collection with no change ADDRESSES: Interested persons are should be directed to Seth Renkema, to the burden hours or to the invited to submit written comments on Chief, Economic Impact Analysis information collected. this proposed information collection to Branch, U.S. Customs and Border Type of Review: Extension (without the Office of Information and Regulatory Protection, Office of Trade, Regulations change). Affairs, Office of Management and Affected Public: Businesses. and Rulings, 90 K Street NE, 10th Floor, Budget. Comments should be addressed Abstract: In accordance with 19 CFR to the OMB Desk Officer for Customs Washington, DC 20229–1177, 10.137, importers of goods subject to the Telephone number (202) 325–0056 or and Border Protection, Department of _ actual use provisions of the Harmonized Homeland Security, and sent via via email CBP [email protected]. Please Tariff Schedule of the United States note that the contact information electronic mail to dhsdeskofficer@ (HTSUS) are required to maintain omb.eop.gov. provided here is solely for questions detailed records to establish that these regarding this notice. Individuals goods were actually used as FOR FURTHER INFORMATION CONTACT: seeking information about other CBP contemplated by the law. The importer Requests for additional PRA information programs should contact the CBP shall maintain records of use or should be directed to Seth Renkema, National Customer Service Center at disposition for a period of three years Chief, Economic Impact Analysis 877–227–5511, (TTY) 1–800–877–8339, from the date of liquidation of the entry, Branch, U.S. Customs and Border or CBP website at https://www.cbp.gov/ and the records shall be available at all Protection, Office of Trade, Regulations and Rulings, 90 K Street NE, 10th Floor, . times for examination and inspection by Washington, DC 20229–1177, SUPPLEMENTARY INFORMATION: CBP CBP. invites the general public and other Telephone number (202) 325–0056 or Estimated Number of Respondents: _ Federal agencies to comment on the 12,000. via email CBP [email protected]. Please proposed and/or continuing information Estimated Number of Responses per note that the contact information collections pursuant to the Paperwork Respondent: 1. provided here is solely for questions Reduction Act of 1995 (44 U.S.C. 3501 Estimated Number of Total Annual regarding this notice. Individuals et seq.). This proposed information Responses: 12,000. seeking information about other CBP collection was previously published in Estimated Time per Response: 65 programs should contact the CBP the Federal Register (84 FR 6155) on minutes. National Customer Service Center at February 26, 2019, allowing for a 60-day Estimated Total Annual Burden 877–227–5511, (TTY) 1–800–877–8339, comment period. This notice allows for Hours: 13,000. or CBP website at https://www.cbp. gov/. an additional 30 days for public Dated: June 7, 2019. SUPPLEMENTARY INFORMATION: CBP comments. This process is conducted in Seth D. Renkema, accordance with 5 CFR 1320.8. Written invites the general public and other Branch Chief, Economic Impact Analysis Federal agencies to comment on the comments and suggestions from the Branch, U.S. Customs and Border Protection. public and affected agencies should proposed and/or continuing information [FR Doc. 2019–12426 Filed 6–12–19; 8:45 am] address one or more of the following collections pursuant to the Paperwork four points: (1) Whether the proposed BILLING CODE 9111–14–P Reduction Act of 1995 (44 U.S.C. 3501 collection of information is necessary et seq.). This proposed information for the proper performance of the collection was previously published in DEPARTMENT OF HOMELAND the Federal Register (84 FR 6017) on functions of the agency, including SECURITY whether the information will have February 25, 2019, allowing for a 60-day practical utility; (2) the accuracy of the U.S. Customs and Border Protection comment period. This notice allows for agency’s estimate of the burden of the an additional 30 days for public proposed collection of information, [1651–0054] comments. This process is conducted in accordance with 5 CFR 1320.8. Written including the validity of the Agency Information Collection methodology and assumptions used; (3) comments and suggestions from the Activities: Exportation of Used Self- public and affected agencies should suggestions to enhance the quality, Propelled Vehicles utility, and clarity of the information to address one or more of the following be collected; and (4) suggestions to AGENCY: U.S. Customs and Border four points: (1) Whether the proposed minimize the burden of the collection of Protection (CBP), Department of collection of information is necessary information on those who are to Homeland Security. for the proper performance of the respond, including through the use of ACTION: 30-Day notice and request for functions of the agency, including appropriate automated, electronic, comments; extension of an existing whether the information will have mechanical, or other technological collection of information. practical utility; (2) the accuracy of the collection techniques or other forms of agency’s estimate of the burden of the information technology, e.g., permitting SUMMARY: The Department of Homeland proposed collection of information, electronic submission of responses. The Security, U.S. Customs and Border including the validity of the comments that are submitted will be Protection will be submitting the methodology and assumptions used; (3) summarized and included in the request following information collection request suggestions to enhance the quality, for approval. All comments will become to the Office of Management and Budget utility, and clarity of the information to a matter of public record. (OMB) for review and approval in be collected; and (4) suggestions to accordance with the Paperwork minimize the burden of the collection of Overview of This Information Reduction Act of 1995 (PRA). The information on those who are to Collection information collection is published in respond, including through the use of Title: Importers of Merchandise the Federal Register to obtain comments appropriate automated, electronic, Subject to Actual Use Provisions. from the public and affected agencies. mechanical, or other technological

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collection techniques or other forms of Estimated Time per Response: 10 National Customer Service Center at information technology, e.g., permitting minutes. 877–227–5511, (TTY) 1–800–877–8339, electronic submission of responses. The Estimated Total Annual Burden or CBP website at https://www.cbp. comments that are submitted will be Hours: 125,000. gov/. summarized and included in the request Dated: June 7, 2019. SUPPLEMENTARY INFORMATION: CBP for approval. All comments will become Seth D. Renkema, invites the general public and other a matter of public record. Branch Chief, Economic Impact Analysis Federal agencies to comment on the Overview of This Information Branch, U.S. Customs and Border Protection. proposed and/or continuing information collections pursuant to the Paperwork Collection [FR Doc. 2019–12428 Filed 6–12–19; 8:45 am] Reduction Act of 1995 (44 U.S.C. 3501 BILLING CODE 9111–14–P Title: Exportation of Used Self- et seq.). This proposed information Propelled Vehicles. collection was previously published in OMB Number: 1651–0054. the Federal Register (84 FR 8734) on Action: CBP proposes to extend the DEPARTMENT OF HOMELAND SECURITY March 11, 2019, allowing for a 60-day expiration date of this information comment period. This notice allows for collection with no change to the burden U.S. Customs and Border Protection an additional 30 days for public hours or to the information collected. comments. This process is conducted in Type of Review: Extension (without [1651–0052] accordance with 5 CFR 1320.8. Written change). comments and suggestions from the Affected Public: Individuals and Agency Information Collection Activities: User Fees public and affected agencies should Businesses. address one or more of the following Abstract: CBP regulations require an AGENCY: U.S. Customs and Border four points: (1) Whether the proposed individual attempting to export a used Protection (CBP), Department of collection of information is necessary self-propelled vehicle to furnish to CBP, Homeland Security. for the proper performance of the at the port of export, the vehicle and ACTION: 30-Day notice and request for functions of the agency, including documentation describing the vehicle, whether the information will have which includes the Vehicle comments; extension of an existing collection of information. practical utility; (2) the accuracy of the Identification Number (VIN), or if the agency’s estimate of the burden of the vehicle does not have a VIN, the SUMMARY: The Department of Homeland proposed collection of information, product identification number. Security, U.S. Customs and Border including the validity of the Exportation of a vehicle will be Protection will be submitting the methodology and assumptions used; (3) permitted only upon compliance with following information collection request suggestions to enhance the quality, these requirements. This requirement to the Office of Management and Budget utility, and clarity of the information to does not apply to vehicles that were (OMB) for review and approval in be collected; and (4) suggestions to entered into the United States under an accordance with the Paperwork minimize the burden of the collection of in-bond procedure, a carnet, or Reduction Act of 1995 (PRA). The information on those who are to temporary importation bond. The information collection is published in respond, including through the use of required documentation includes, but is the Federal Register to obtain comments appropriate automated, electronic, not limited to, a Certificate of Title or from the public and affected agencies. mechanical, or other technological a Salvage Title, the VIN, a Comments are encouraged and must be collection techniques or other forms of Manufacture’s Statement of Origin, etc. submitted (no later than July 15, 2019) information technology, e.g., permitting CBP will accept originals or certified to be assured of consideration. electronic submission of responses. The copies of Certificate of Title. The ADDRESSES: Interested persons are comments that are submitted will be purpose of this information collection is invited to submit written comments on summarized and included in the request to help ensure that stolen vehicles or this proposed information collection to for approval. All comments will become vehicles associated with other criminal the Office of Information and Regulatory a matter of public record. activity are not exported. Affairs, Office of Management and Collection of this information is Overview of This Information Budget. Comments should be addressed authorized by 19 U.S.C.1627a, which Collection to the OMB Desk Officer for Customs provides CBP with authority to impose and Border Protection, Department of Title: User Fees. export reporting requirements on all Homeland Security, and sent via OMB Number: 1651–0052. used self-propelled vehicles, and by electronic mail to dhsdeskofficer@ Form Number: CBP Forms 339A, Title IV, Section 401 of the Anti-Car omb.eop.gov. 339C and 339V. Theft Act of 1992, 19 U.S.C. 1646c, Current Actions: This submission is which requires all persons exporting a FOR FURTHER INFORMATION CONTACT: being made to extend the expiration used self-propelled vehicle to provide to Requests for additional PRA information date with no change to the burden hours CBP, at least 72 hours prior to export, should be directed to Seth Renkema, or to the information collected. the VIN and proof of ownership of each Chief, Economic Impact Analysis Type of Review: Extension (without automobile. This information collection Branch, U.S. Customs and Border change). is provided for by 19 CFR part 192. Protection, Office of Trade, Regulations Affected Public: Carriers. Further guidance regarding these and Rulings, 90 K Street NE, 10th Floor, Abstract: The Consolidated Omnibus requirements is provided at: https:// Washington, DC 20229–1177, Budget Reconciliation Act of 1985 www.cbp.gov/trade/basic-import-export. Telephone number (202) 325–0056 or (COBRA–PL 99–272; 19 U.S.C. 58c) Estimated Number of Respondents: via email [email protected]. Please authorizes the collection of user fees by 750,000. note that the contact information Customs and Border Protection (CBP). Estimated Number of Responses per provided here is solely for questions The collection of these fees requires Respondent: 1. regarding this notice. Individuals submission of information from the Estimated Number of Total Annual seeking information about other CBP party remitting the fees to CBP. This Responses: 750,000. programs should contact the CBP information is submitted on three forms

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including the CBP Form 339A for ECCF Application and List of Couriers Washington, DC 20229–1177, aircraft, CBP Form 339C for commercial Telephone number (202) 325–0056 or Estimated Number of Respondents: 3. _ vehicles, and CBP Form 339V for Estimated Number of Annual Responses via email CBP [email protected]. Please vessels. These forms can be found at: per Respondent: 4. note that the contact information https://www.cbp.gov/newsroom/ Estimated Number of Annual provided here is solely for questions publications/forms?title=339. Responses: 12. regarding this notice. Individuals The information on these forms may Estimated Time per Response: 30 seeking information about other CBP also be filed electronically at: https:// minutes. programs should contact the CBP dtops.cbp.dhs.gov/. This collection of Estimated Total Annual Burden Hours: National Customer Service Center at information is provided for by 19 CFR 6. 877–227–5511, (TTY) 1–800–877–8339, 24.22. Dated: June 7, 2019. or CBP website at https://www.cbp. In addition, CBP requires express gov/. Seth D. Renkema, consignment carrier facilities (ECCFs) to SUPPLEMENTARY INFORMATION: CBP file lists of carriers or operators using Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border Protection. invites the general public and other the facility in accordance with 19 CFR Federal agencies to comment on the 128.11. In cases of overpayments, [FR Doc. 2019–12429 Filed 6–12–19; 8:45 am] proposed and/or continuing information carriers using the ECCFs may send a BILLING CODE 9111–14–P collections pursuant to the Paperwork request to CBP for a refund in Reduction Act of 1995 (44 U.S.C. 3501 accordance with 19 CFR 24.23(b). This DEPARTMENT OF HOMELAND et seq.). This proposed information request must specify the grounds for the SECURITY collection was previously published in refund. ECCFs are also required to file the Federal Register (84 FR 5102) on a quarterly report in accordance with 19 U.S. Customs and Border Protection February 20, 2019, allowing for a 60-day CFR 24.23(b)(4). comment period. This notice allows for [1651–0082] an additional 30 days for public CBP Form 339A—Aircraft comments. This process is conducted in Agency Information Collection Estimated Number of Respondents: accordance with 5 CFR 1320.8. Written 15,000. Activities: African Growth and comments and suggestions from the Estimated Number of Annual Responses Opportunity Act (AGOA) Textile public and affected agencies should per Respondent: 1. Certificate of Origin address one or more of the following Estimated Number of Annual AGENCY: U.S. Customs and Border four points: (1) Whether the proposed Responses: 15,000. Protection (CBP), Department of collection of information is necessary Estimated Time per Response: 16 Homeland Security. for the proper performance of the minutes. ACTION: 30-Day notice and request for functions of the agency, including Estimated Total Annual Burden Hours: comments; extension of an existing whether the information will have 4,000. collection of information. practical utility; (2) the accuracy of the agency’s estimate of the burden of the CBP Form 339C—Vehicles SUMMARY: The Department of Homeland proposed collection of information, Estimated Number of Respondents: Security, U.S. Customs and Border including the validity of the 90,000. Protection will be submitting the methodology and assumptions used; (3) Estimated Number of Annual Responses following information collection request suggestions to enhance the quality, per Respondent: 1. to the Office of Management and Budget utility, and clarity of the information to Estimated Number of Annual (OMB) for review and approval in be collected; and (4) suggestions to Responses: 90,000. accordance with the Paperwork minimize the burden of the collection of Estimated Time per Response: 20 Reduction Act of 1995 (PRA). The information on those who are to minutes. information collection is published in respond, including through the use of Estimated Total Annual Burden Hours: the Federal Register to obtain comments appropriate automated, electronic, 29,997. from the public and affected agencies. mechanical, or other technological CBP Form 339V—Vessels Comments are encouraged and must be collection techniques or other forms of submitted (no later than July 15, 2019) information technology, e.g., permitting Estimated Number of Respondents: to be assured of consideration. electronic submission of responses. The 10,000. ADDRESSES: Interested persons are comments that are submitted will be Estimated Number of Annual Responses invited to submit written comments on summarized and included in the request per Respondent: 1. this proposed information collection to for approval. All comments will become Estimated Number of Annual the Office of Information and Regulatory a matter of public record. Responses: 10,000. Affairs, Office of Management and Estimated Time per Response: 16 Overview of This Information Budget. Comments should be addressed minutes. Collection to the OMB Desk Officer for Customs Estimated Total Annual Burden Hours: and Border Protection, Department of Title: African Growth and 2,667. Homeland Security, and sent via Opportunity Act (AGOA) Textile ECCF Quarterly Report electronic mail to dhsdeskofficer@ Certificate of Origin. omb.eop.gov. OMB Number: 1651–0082. Estimated Number of Respondents: 18. Form Number: None. Estimated Number of Annual Responses FOR FURTHER INFORMATION CONTACT: Action: CBP proposes to extend the per Respondent: 4. Requests for additional PRA information expiration date of this information Estimated Number of Annual should be directed to Seth Renkema, collection without change to the Responses: 72. Chief, Economic Impact Analysis estimated burden hours or the Estimated Time per Response: 2 hours. Branch, U.S. Customs and Border information collected. Estimated Total Annual Burden Hours: Protection, Office of Trade, Regulations Type of Review: Extension (without 144. and Rulings, 90 K Street NE, 10th Floor, change).

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Affected Public: Businesses. DEPARTMENT OF THE INTERIOR information for 60 days, ending on April Abstract: The African Growth and 9, 2019 (84 FR 2902). We received no Fish and Wildlife Service Opportunity Act (AGOA) was adopted comments in response to the Federal by the United States with the enactment [FWS–R7–MB–2019–N043; Register notice. We are again soliciting comments on of the Trade and Development Act of FXMB12610700000–190–FF07M01000; OMB Control Number 1018–0124] the proposed ICR that is described 2000 (Pub. L. 106–200). The objectives below. We are especially interested in of AGOA are (1) to provide for extension Agency Information Collection public comment addressing the of duty-free treatment under the Activities; Submission to the Office of following issues: (1) Is the collection Generalized System of Preferences Management and Budget for Review necessary to the proper functions of the (GSP) to import sensitive articles and Approval; Alaska Subsistence Bird Service; (2) will this information be normally excluded from GSP duty Harvest Survey processed and used in a timely manner; treatment, and (2) to provide for the (3) is the estimate of burden accurate; entry of specific textile and apparel AGENCY: Fish and Wildlife Service, (4) how might the Service enhance the articles free of duty and free of any Interior. quality, utility, and clarity of the quantitative limits from the countries of ACTION: Notice of information collection; information to be collected; and (5) how sub-Saharan Africa. request for comment. might the Service minimize the burden For preferential treatment under of this collection on the respondents, SUMMARY: In accordance with the including through the use of AGOA, the exporter is required to Paperwork Reduction Act of 1995, we, information technology. prepare a certificate of origin and the U.S. Fish and Wildlife Service Comments that you submit in provide it to the importer. The (Service), are proposing to renew an response to this notice are a matter of certificate of origin includes information information collection with revisions. public record. Before including your such as contact information for the DATES: Interested persons are invited to address, phone number, email address, importer, exporter and producer; the submit comments on or before July 15, or other personal identifying basis for which preferential treatment is 2019. information in your comment, you claimed; and a description of the ADDRESSES: Send written comments on should be aware that your entire imported merchandise. The importers this information collection request (ICR) comment—including your personal are required to have the certificate in to the Office of Management and identifying information—may be their possession at the time of the claim, Budget’s Desk Officer for the publicly available at any time. While and to provide it to CBP upon request. Department of the Interior by email at you can ask us in your comment to The collection of this information is [email protected]; or via withhold your personal identifying provided for in 19 CFR 10.214, 10.215, facsimile to (202) 395–5806. Please information from public review, we and 10.216. provide a copy of your comments to the cannot guarantee that we will be able to do so. Instructions for complying with this Service Information Collection Clearance Officer, U.S. Fish and Abstract: The Migratory Bird Treaty regulation are posted on CBP.gov Wildlife Service, MS: AMAD–ARM– Act of 1918 (16 U.S.C. 703–712) and the website at: https://www.cbp.gov/sites/ PPM, 5275 Leesburg Pike, Falls Church, Fish and Wildlife Act of 1956 (16 U.S.C. default/files/assets/documents/2016- 742d) designate the Department of the _ VA 22041–3803 (mail); or by email to Apr/icp065 3.pdf. [email protected]. Please reference Interior as the key agency responsible Estimated Number of Respondents: OMB Control Number 1018–0124 in the for managing migratory bird populations 12. subject line of your comments. that frequent the United States and for setting harvest regulations that allow for FOR FURTHER INFORMATION CONTACT: To Estimated Number of Annual the conservation of those populations. request additional information about Responses per Respondent: 2. These responsibilities include gathering this ICR, contact Madonna L. Baucum, Estimated Number of Total Annual data on various aspects of migratory Service Information Collection Responses: 24. bird harvest. We use harvest data to Clearance Officer, by email at Info_ review regulation proposals and to issue Estimated Time per Response: 20 [email protected], or by telephone at (703) minutes. harvest regulations. 358–2503. You may also view the ICR The Migratory Bird Treaty Act Estimated Total Annual Burden at http://www.reginfo.gov/public/do/ Protocol Amendment (1995) Hours: 7.9992. PRAMain. (Amendment) provides for the Dated: June 7, 2019. SUPPLEMENTARY INFORMATION: In customary and traditional use of migratory birds and their eggs for Seth D. Renkema, accordance with the Paperwork Reduction Act of 1995, we provide the subsistence use by indigenous Branch Chief, Economic Impact Analysis general public and other Federal inhabitants of Alaska. The Amendment Branch, U.S. Customs and Border Protection. agencies with an opportunity to states that its intent is not to cause [FR Doc. 2019–12427 Filed 6–12–19; 8:45 am] comment on new, proposed, revised, significant increases in the take of BILLING CODE 9111–14–P and continuing collections of species of migratory birds relative to information. This helps us assess the their continental population sizes. A impact of our information collection submittal letter from the Department of requirements and minimize the public’s State to the White House (May 20, 1996) reporting burden. It also helps the accompanied the Amendment and public understand our information specified the need for harvest collection requirements and provide the monitoring. The submittal letter stated requested data in the desired format. that the Service, the Alaska Department On February 8, 2019, we published a of Fish and Game (ADF&G), and Alaska Federal Register notice soliciting Native organizations would collect comments on this collection of harvest information cooperatively

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within the subsistence eligible areas. minimize respondent burden. We use We modified the survey to make the Harvest data help to ensure that the following forms for household effort compatible with available customary and traditional subsistence participation: funding. We also adjusted the number of uses of migratory birds and their eggs by • FWS Form 3–2380 (Tracking Sheet communities and households to be indigenous inhabitants of Alaska do not and Household Consent). The surveyor surveyed each year based on statistical significantly increase the take of species visits each household selected to methods to maximize accuracy of of migratory birds relative to their participate in the survey to obtain harvest estimates given the survey continental population sizes. household consent to participate. The funding. We also reduced the number of We monitored subsistence harvest of surveyor uses this form to record household visits from seasonal (three migratory birds using household household consent. times per year) to annual (once a year). surveys in the Yukon-Kuskokwim Delta • FWS Forms 3–2381–1, 3–2381–2, These modifications much reduced the region in 1985–2002 and in the Bristol 3–2381–3, 3–2381–4, and 3–2381–5 estimated survey burden. Bay region in 1995–2002. Since 2004, (Harvest Report). The Harvest Report To fulfill priority information needs, the Alaska Migratory Bird Co- has drawings of bird species most we added the following question to the Management Council—Harvest commonly available for harvest in survey: ‘‘In the last 12 months, how Assessment Program (AMBCC–HAP) different regions of Alaska, with fields many permanent members of this conducts regular surveys across Alaska for recording numbers of birds and eggs household tried to harvest: Birds (ll) to document the subsistence harvest of taken. The forms have up to four sheets, and eggs (ll).’’ A similar question is birds and their eggs. The statewide one for each surveyed season. The often included in harvest surveys harvest assessment program helps to Western and Interior forms (3–2381–1 conducted in Alaska for resources such describe geographical and seasonal and 3–2381–3) have three sheets as fish, marine mammals, and terrestrial harvest patterns, and to track trends in (spring, summer, and fall). We now use mammals. We need such information to harvest levels. The program relies on the Southern Coastal form 3–2381–2 estimate and document participation in collaboration among the Service, the only in the Bristol Bay region, and thus harvesting activities and to answer a ADF&G, and diverse Alaska Native we renamed the form the Bristol Bay basic and recurrent question in harvest organizations. form. The North Slope form (3–2381–4) management: ‘‘How many people use We collect harvest data for about 60 has two sheets (spring and summer). this resource.’’ Adding this simple bird species/categories and their eggs The new Cordova form (3–2381–5) has question does not change the average (ducks, geese, swans, cranes, seabirds, only one sheet (spring). Each seasonal time needed to complete the survey. shorebirds, grebes and loons, and grouse sheet has black and white drawings of Title of Collection: Alaska Migratory and ptarmigan) in the subsistence bird species, next to which are fields to Bird Subsistence Harvest Household eligible areas of Alaska. The survey record the number of birds and eggs Survey. covers spring, summer, and fall harvest harvested. Because bird species OMB Control Number: 1018–0124. in most regions. available for harvest vary in different Form Number: FWS Forms 3–2380, 3– In collaboration with Alaska Native regions of Alaska, there are five versions 2381–1, 3–2381–2, 3–2381–3, 3–2381–4, organizations, we hire local resident of the harvest report form, each with a and 3–2381–5. surveyors to collect the harvest data. different set of species. This helps to The surveyors list all households in the prevent users from erroneously Type of Review: Revision of a communities, randomly select recording bird species as harvested in currently approved collection. households to be surveyed, and areas where they do not usually occur. Respondents/Affected Public: interview households that have agreed Following the most recent re- Households within subsistence eligible to participate. To ensure anonymity of evaluation of survey methods, the areas of Alaska. harvest information, we identify each sampling design was revised to include Respondent’s Obligation: Required to household by a numeric code. Since the only 5 of 12 management regions as an Obtain or Retain a Benefit. beginning of the survey in 2004, twice index to the statewide harvest, these 5 Frequency of Collection: Annually. we have re-evaluated and revised survey regions representing about 90 percent of Total Estimated Annual Nonhour methods to streamline procedures and the statewide subsistence bird harvest. Burden Cost: None.

Average Average Average Completion number of number of number of time per Total annual Activity/respondents annual submissions annual response burden hours* respondents each responses (minutes)

Tracking Sheet and Household Consent (FWS Form 3– 2380): Individual Households ...... 723 1 723 5 60 Migratory Bird Subsistence Harvest Household Survey (FWS Forms 3–2381–1, 3–2381–2, 3–2381–3, 3–2381– 4, 3–2381–5) Individual Households ...... 645 3 1,935 5 161

Totals ...... 1,368 ...... 2,658 ...... 221 * Rounded.

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An agency may not conduct or public understand our information amounts reported by States to reduce sponsor and a person is not required to collection requirements and provide the PILT payments to units of general local respond to a collection of information requested data in the desired format. governments from that which they unless it displays a currently valid OMB A Federal Register notice with a 60- might otherwise receive. If such listings control number. day public comment period soliciting were not furnished by the Governor of The authority for this action is the comments on this collection of each affected State, the Department Paperwork Reduction Act of 1995 (44 information was published on February would not be able to compute the PILT U.S.C. 3501 et seq.). 13, 2019 (84 FR 3814 Page 3814–3815), payments to units of general local by the Office of the Secretary, Office of Dated: June 9, 2019. government within the States in Budget, soliciting comments from the question. Madonna Baucum, public and other interested parties. No In fiscal year 2004, administrative Information Collection Clearance Officer, U.S. public comments were received. authority for the PILT program was Fish and Wildlife Service. We are soliciting comments on the transferred from the Bureau of Land [FR Doc. 2019–12460 Filed 6–12–19; 8:45 am] proposed ICR that is described below. Management to the Office of the BILLING CODE 4333–15–P We are especially interested in public Secretary of the Department of the comment addressing the following Interior. Applicable DOI regulations issues: (1) Is the collection necessary to pertaining to the PILT program to be DEPARTMENT OF THE INTERIOR the proper functions of the Office of administered by the Office of the Office of the Secretary Budget; (2) will this information be processed and used in a timely manner; Secretary were published as a final rule in the Federal Register on December 7, [199D1114PT DS62100000 (3) is the estimate of burden accurate; 2004 (69 FR 70557). The Office of the DPTA00000.000000; OMB Control Number (4) how might the Office of Budget 1093–0005] enhance the quality, utility, and clarity Secretary, Office of Budget, is now of the information to be collected; and planning to extend the information Agency Information Collection (5) how might the Office of Budget collection approval authority in order to Activities; Payments in Lieu of Taxes minimize the burden of this collection enable the Department of the Interior to (PILT) Act, Statement of Federal Lands on the respondents, including through continue to comply with the PILT Act. Payments the use of information technology. Title of Collection: Payments in Lieu Comments that you submit in of Taxes (PILT) Act, Statement of AGENCY: Office of the Secretary, Office response to this notice are a matter of of Budget. Federal Lands Payments. public record. We will include or OMB Control Number: 1093–0005. ACTION: Notice of information collection; summarize each comment in our request request for comment. to the Office of Management and Budget Form Number: None. (OMB) to approve this ICR. Before SUMMARY: In accordance with the Type of Review: Extension of a including your address, phone number, currently approved collection. Paperwork Reduction Act of 1995, the email address, or other personal Office of the Secretary, Office of Budget identifying information in your Respondents/Affected Public: State is proposing to renew an information comment, you should be aware that governments. collection. your entire comment—including your Total Estimated Number of Annual DATES: Interested persons are invited to personal identifying information—may Respondents: 49. be made publicly available at any time. submit comments on or before July 15, Total Estimated Number of Annual While you can ask us in your comment 2019. Responses: 49. to withhold your personal identifying ADDRESSES: Send your comments on Estimated Completion Time per this information collection request (ICR) information from public review, we Response: 40 hours. by mail to the U.S. Department of the cannot guarantee that we will be able to do so. Interior, Office of the Secretary, Office Total Estimated Number of Annual Abstract: ‘‘Payments in Lieu of Taxes’’ of Budget, Attn: Dionna Kiernan, 1849 Burden Hours: 1,960 hours. (PILT) are Federal payments to local C Street NW, MS 4106 MIB, governments that help offset losses in Respondent’s Obligation: Required to Washington, DC 20240 or by email to property taxes due to non-taxable Obtain or Retain a Benefit. [email protected]. Please reference Federal lands within their boundaries. OMB Control Number 1093–0005 in the Frequency of Collection: Annually. The original law is Public Law 94–565, subject line of your comments. Total Estimated Annual Nonhour dated October 20, 1976. This law was Burden Cost: None. FOR FURTHER INFORMATION CONTACT: rewritten and amended by Public Law _ Dionna Kiernan by email at doi pilt@ 97–258 on September 13, 1982 and An agency may not conduct or ios.doi.gov, or by telephone at 202–513– codified at Chapter 69, Title 31 of the sponsor and a person is not required to 7783. United States Code. The law recognizes respond to a collection of information SUPPLEMENTARY INFORMATION: In the financial impact of the inability of unless it displays a currently valid OMB accordance with the Paperwork local governments to collect property control number. Reduction Act of 1995, we provide the taxes on Federally-owned land. The authority for this action is the general public and other Federal The PILT Act requires the Governor of Paperwork Reduction Act of 1995 (44 agencies with an opportunity to each State to furnish the Department of U.S.C. 3501 et seq.). comment on new, proposed, revised, the Interior with a listing of payments and continuing collections of disbursed to local governments by the Scott J. Cameron, information. This helps us assess the States on behalf of the Federal Principal Deputy Assistant Secretary, Policy, impact of our information collection Government under 12 statutes described Management and Budget. requirements and minimize the public’s in Section 6903 of 31 U.S.C. The [FR Doc. 2019–12514 Filed 6–12–19; 8:45 am] reporting burden. It also helps the Department of the Interior uses the BILLING CODE 4334–63–P

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DEPARTMENT OF THE INTERIOR this notice are the sole responsibility of Keechi, Waco & Tawakonie), Oklahoma the museum, institution, or Federal may proceed. National Park Service agency that has control of the Native The Department of Anthropology, [NPS–WASO–NAGPRA–NPS0028045; American human remains. The National Southern Methodist University is PPWOCRADN0–PCU00RP14.R50000] Park Service is not responsible for the responsible for notifying the Wichita determinations in this notice. and Affiliated Tribes (Wichita, Keechi, Notice of Inventory Completion: Waco & Tawakonie), Oklahoma that this Consultation Department of Anthropology, Southern notice has been published. Methodist University, Dallas, TX A detailed assessment of the human Dated: May 28, 2019. remains was made by the Department of Melanie O’Brien, AGENCY: National Park Service, Interior. Anthropology, Southern Methodist Manager, National NAGPRA Program. ACTION: Notice. University professional staff in consultation with representatives of the [FR Doc. 2019–12466 Filed 6–12–19; 8:45 am] SUMMARY: The Department of Wichita and Affiliated Tribes (Wichita, BILLING CODE 4312–52–P Anthropology, Southern Methodist Keechi, Waco & Tawakonie), Oklahoma. University has completed an inventory of human remains, in consultation with History and Description of the Remains DEPARTMENT OF THE INTERIOR the appropriate Indian Tribes or Native In 1965, human remains representing, National Park Service Hawaiian organizations, and has at minimum, one individual were determined that there is a cultural removed from the Upper Tucker Site, in [NPS–WASO–NAGPRA–NPS0028042; affiliation between the human remains Montague County, TX, as part of the PPWOCRADN0–PCU00RP14.R50000] and present-day Indian Tribes or Native Wichita Project excavation. Although no Notice of Inventory Completion: Hawaiian organizations. Lineal burials or human remains were reported descendants or representatives of any Department of Anthropology, Southern for this site in any of the associated Methodist University, Dallas, TX Indian Tribe or Native Hawaiian documentation, including the official organization not identified in this notice published report, one human tooth is AGENCY: National Park Service, Interior. that wish to request transfer of control attributed to this site No known ACTION: Notice. of these human remains should submit individuals were identified. No a written request to the Department of associated funerary objects are present. SUMMARY: The Department of Anthropology, Southern Methodist The Upper Tucker Site is dated to the Anthropology, Southern Methodist University. If no additional requestors late 18th century. Cultural affiliation is University has completed an inventory come forward, transfer of control of the with the Wichita and Affiliated Tribes. of human remains, in consultation with human remains to the lineal the appropriate Indian Tribes or Native descendants, Indian Tribes, or Native Determinations Made by the Hawaiian organizations, and has Hawaiian organizations stated in this Department of Anthropology, Southern determined that there is a cultural notice may proceed. Methodist University affiliation between the human remains DATES: Lineal descendants or Officials of the Department of and present-day Indian Tribes or Native representatives of any Indian Tribe or Anthropology, Southern Methodist Hawaiian organizations. Lineal Native Hawaiian organization not University have determined that: descendants or representatives of any identified in this notice that wish to • Pursuant to 25 U.S.C. 3001(9), the Indian Tribe or Native Hawaiian request transfer of control of these human remains described in this notice organization not identified in this notice human remains should submit a written represent the physical remains of one that wish to request transfer of control request with information in support of individual of Native American ancestry. of these human remains should submit the request to the Department of • Pursuant to 25 U.S.C. 3001(2), there a written request to the Department of Anthropology, Southern Methodist is a relationship of shared group Anthropology, Southern Methodist University at the address in this notice identity that can be reasonably traced University. If no additional requestors by July 15, 2019. between the Native American human come forward, transfer of control of the ADDRESSES: B. Sunday Eiselt, remains and the Wichita and Affiliated human remains to the lineal Department of Anthropology, Southern Tribes (Wichita, Keechi, Waco & descendants, Indian Tribes, or Native Methodist University, 3225 Daniel Tawakonie), Oklahoma. Hawaiian organizations stated in this Avenue, Heroy Hall #450, Dallas, TX notice may proceed. 75205, telephone (214) 768–2915, email Additional Requestors and Disposition DATES: Lineal descendants or [email protected]. Lineal descendants or representatives representatives of any Indian Tribe or SUPPLEMENTARY INFORMATION: Notice is of any Indian Tribe or Native Hawaiian Native Hawaiian organization not here given in accordance with the organization not identified in this notice identified in this notice that wish to Native American Graves Protection and that wish to request transfer of control request transfer of control of these Repatriation Act (NAGPRA), 25 U.S.C. of these human remains should submit human remains should submit a written 3003, of the completion of an inventory a written request with information in request with information in support of of human remains under the control of support of the request to B. Sunday the request to the Department of the Department of Anthropology, Eiselt, Department of Anthropology, Anthropology, Southern Methodist Southern Methodist University, Dallas, Southern Methodist University, 3225 University at the address in this notice TX. The human remains were removed Daniel Avenue, Heroy Hall #450, Dallas, by July 15, 2019. from the Upper Tucker Site (X41MU17/ TX 75205, telephone (214) 768–2915, ADDRESSES: B. Sunday Eiselt, 41MU17), in Montague County, TX. email [email protected], by July 15, 2019. Department of Anthropology, Southern This notice is published as part of the After that date, if no additional Methodist University, 3225 Daniel National Park Service’s administrative requestors have come forward, transfer Avenue, Heroy Hall #450, Dallas, TX responsibilities under NAGPRA, 25 of control of the human remains to the 75205, telephone (214) 768–2915, email U.S.C. 3003(d)(3). The determinations in Wichita and Affiliated Tribes (Wichita, [email protected].

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SUPPLEMENTARY INFORMATION: Notice is identified. No associated funerary DEPARTMENT OF THE INTERIOR here given in accordance with the objects are present for either of these Native American Graves Protection and two burials. National Park Service Repatriation Act (NAGPRA), 25 U.S.C. Both sites are dated from A.D. 850 to [NPS–WASO–NAGPRA–NPS0027604; 3003, of the completion of an inventory 1000, and fit the Plains Woodland PPWOCRADN0–PCU00RP14.R50000] of human remains under the control of Pattern, but they also begin to approach the Department of Anthropology, Notice of Inventory Completion: The the Plains Village Pattern. Culturally, Southern Methodist University, Dallas, State Center Community College TX. The human remains and associated the people who occupied the sites were District—Fresno City College, Fresno, funerary objects were removed from an Caddoan. CA unnamed site (X41CO3/41CO153) and Determinations Made by the AGENCY: National Park Service, Interior. the Chicken House Site (X41CO6/ Department of Anthropology, Southern ACTION: Notice. 41CO156) in Cooke County, TX. Methodist University This notice is published as part of the SUMMARY: National Park Service’s administrative The State Center Community Officials of the Department of College District—Fresno City College responsibilities under NAGPRA, 25 Anthropology, Southern Methodist U.S.C. 3003(d)(3). The determinations in has completed an inventory of human University have determined that: remains and associated funerary objects, this notice are the sole responsibility of • the museum, institution, or Federal Pursuant to 25 U.S.C. 3001(9), the in consultation with the appropriate agency that has control of the Native human remains described in this notice Indian Tribes or Native Hawaiian American human remains and represent the physical remains of three organizations, and has determined that associated funerary objects The National individuals of Native American there is a cultural affiliation between the Park Service is not responsible for the ancestry. human remains and associated funerary objects and present-day Indian Tribes or determinations in this notice. • Pursuant to 25 U.S.C. 3001(2), there Native Hawaiian organizations. Lineal is a relationship of shared group Consultation descendants or representatives of any identity that can be reasonably traced A detailed assessment of the human Indian Tribe or Native Hawaiian between the Native American human remains was made by the Department of organization not identified in this notice remains and associated funerary objects Anthropology, Southern Methodist that wish to request transfer of control University professional staff in and the Caddo Nation of Oklahoma. of these human remains and associated consultation with representatives of the Additional Requestors and Disposition funerary objects should submit a written Caddo Nation of Oklahoma and the request to the State Center Community Wichita and Affiliated Tribes (Wichita, Lineal descendants or representatives College District—Fresno City College. If Keechi, Waco & Tawakonie), Oklahoma. of any Indian Tribe or Native Hawaiian no additional requestors come forward, organization not identified in this notice transfer of control of the human remains History and Description of the Remains that wish to request transfer of control and associated funerary objects to the During 1965 and 1966, human of these human remains should submit lineal descendants, Indian Tribes, or remains representing, at minimum, a written request with information in Native Hawaiian organizations stated in three individuals were removed from support of the request to B. Sunday this notice may proceed. the two sites in Cooke County, TX. Eiselt, Department of Anthropology, DATES: Lineal descendants or Burial 1 is from the Chicken House Site Southern Methodist University, 3225 representatives of any Indian Tribe or (X41CO6/41CO156). The one Daniel Avenue, Heroy Hall #450, Dallas, Native Hawaiian organization not individual, a female 18–25 years old, TX 75205, telephone (214) 768–2915, identified in this notice that wish to was found on the floor of a cache pit. email [email protected], by July 15, 2019. request transfer of control of these She had been placed in a semi-flexed After that date, if no additional human remains and associated funerary positon, and lay on her back, facing the objects should submit a written request northeast. The hips and knees were requestors have come forward, transfer of control of the human remains to the with information in support of the flexed, and the legs turned toward the request to the State Center Community Caddo Nation of Oklahoma may left. The arms were placed down at the College District—Fresno City College at proceed. side, and were bent at the elbows, with the address in this notice by July 15, ulnae and radii parallel to the humeri, The Department of Anthropology, 2019. and the hands next to the shoulders. Southern Methodist University is ADDRESSES: Mary Beth Miller, Interim The bones indicate signs of disease. The responsible for notifying the Caddo skull, left wrist, and left hand were Dean of Social Sciences, in care of Jill Nation of Oklahoma and the Wichita Minar, Ph.D., Fresno City College of The missing at the time of excavation. No and Affiliated Tribes (Wichita, Keechi, known individuals were identified. State Center Community College Waco & Tawakonie), Oklahoma that this District, 1101 East University Avenue, Although artifacts were found in the notice has been published. cache pit, there were no funerary objects Fresno, CA 93741, telephone (559) 442– associated with this burial. Dated: May 28, 2019. 8210, email jill.minar@ Two burials were recovered from Melanie O’Brien, fresnocitycollege.edu. unnamed site X41CO3 during a survey Manager, National NAGPRA Program. SUPPLEMENTARY INFORMATION: Notice is and soil profiling. The first burial was [FR Doc. 2019–12469 Filed 6–12–19; 8:45 am] here given in accordance with the located on the surface, and consists of BILLING CODE 4312–52–P Native American Graves Protection and two skull fragments and one charred Repatriation Act (NAGPRA), 25 U.S.C. unidentifiable bone fragment. The 3003, of the completion of an inventory second burial was also located on the of human remains and associated surface, and consists of a single human funerary objects under the control of the tooth and one unidentifiable bone State Center Community College fragment. No known individuals were District—Fresno City College, Fresno,

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CA. The human remains and associated Wukchumni Tribe, was invited to • Pursuant to 25 U.S.C. 3001(9), the funerary objects were removed from consult, but did not participate. human remains described in this notice CA–FRE–571 and CA–FRE–706, Fresno Hereafter, all the Indian Tribes and represent the physical remains of six County, CA. non-federally recognized Indian groups individuals of Native American ancestry This notice is published as part of the listed in this section are referred to as based on the archeological context. National Park Service’s administrative ‘‘The Consulted and Notified Tribes and • Pursuant to 25 U.S.C. 3001(3)(A), responsibilities under NAGPRA, 25 Groups.’’ the 452 objects described in this notice U.S.C. 3003(d)(3). The determinations in History and Description of the Remains are reasonably believed to have been this notice are the sole responsibility of placed with or near individual human the museum, institution, or Federal In 1977, human remains representing, remains at the time of death or later as agency that has control of the Native at minimum, one individual were part of the death rite or ceremony. American human remains and removed from CA–FRE–571 in Fresno • Pursuant to 25 U.S.C. 3001(2), there associated funerary objects. The County, CA. The site was excavated by is a relationship of shared group National Park Service is not responsible Don Wren as part of the Pacific Gas and identity that can be reasonably traced for the determinations in this notice. Electric Helms Project. Funded by a between the Native American human 2016 NAGPRA Consultation/ Consultation remains and associated funerary objects Documentation grant awarded to the and the Cold Springs Rancheria of Mono A detailed assessment of the human State Center Community College Indians of California, based on remains was made by the State Center District, in January 2017, an osteological geographical and oral traditional Community College District—Fresno examination of the faunal collections information. City College professional staff in was conducted to determine if human consultation with representatives of the remains were present. That examination Additional Requestors and Disposition Big Sandy Rancheria of Western Mono resulted in the identification of the Lineal descendants or representatives Indians of California (previously listed human remains described in this of any Indian Tribe or Native Hawaiian as the Big Sandy Rancheria of Mono inventory. The fragmentary human organization not identified in this notice Indians of California); Buena Vista remains belong to one sub-adult of that wish to request transfer of control Rancheria of Me-Wuk Indians of indeterminate sex. No known of these human remains and associated California; Cold Springs Rancheria of individuals were identified. No funerary objects should submit a written Mono Indians of California; Middletown associated funerary objects are present. request with information in support of In 1979, 1983, and 1984, human Rancheria of Pomo Indians of California; the request to Mary Beth Miller, Interim remains representing, at minimum, five Northfork Rancheria of Mono Indians of Dean of Social Sciences, in care of Jill individuals were removed from CA– California; Picayune Rancheria of Minar, Ph.D., Fresno City College of The FRE–706 in Fresno County, CA. This Chukchansi Indians of California; Santa State Center Community College Rosa Indian Community of the Santa site was excavated by Fresno City District, 1101 East University Avenue, Rosa Rancheria, California; Shingle College instructor Don Wren and his Fresno, CA 93741, telephone (559) 442– Springs Band of Miwok Indians, Shingle students for the Milne’s Project, which 8210, email jill.minar@ Springs Rancheria (Verona Tract), is located on private property. Funded fresnocitycollege.edu, by July 15, 2019. California; Table Mountain Rancheria by a 2016 NAGPRA Consultation/ After that date, if no additional (previously listed as the Table Mountain Documentation grant awarded to the requestors have come forward, transfer Rancheria of California); Tejon Indian State Center Community College of control of the human remains and Tribe; Tule River Indian Tribe of the District, in January 2017, an osteological associated funerary objects to the Cold Tule River Reservation, California; and examination of the faunal collections Springs Rancheria of Mono Indians of the Tuolumne Band of Me-Wuk Indians was conducted to determine if human California may proceed. of the Tuolumne Rancheria of remains were present. That examination The State Center Community College California. resulted in the identification of the District—Fresno City College is The California Valley Miwok Tribe, human remains described in this responsible for notifying The Consulted California; Chicken Ranch Rancheria of inventory. The fragmentary human and Notified Tribes and Groups that this Me-Wuk Indians of California; Fort remains belong to one adult female, one notice has been published. McDermitt Paiute and Shoshone Tribes adult of indeterminate sex, and three of the Fort McDermitt Indian sub-adults of indeterminate sex. No Dated: May 14, 2019. Reservation, Nevada and Oregon; Ione known individuals were identified. The Melanie O’Brien, Band of Miwok Indians of California; 452 associated funerary objects are one Manager, National NAGPRA Program. Jackson Band of Miwuk Indians bone bead, one lot of bone bead [FR Doc. 2019–12464 Filed 6–12–19; 8:45 am] (previously listed as the Jackson fragments, 180 glass trade beads, one lot BILLING CODE 4312–52–P Rancheria of Me-Wuk Indians of of glass trade bead fragments, 171 shell California); Pyramid Lake Paiute Tribe beads, one lot of shell bead fragments, of the Pyramid Lake Reservation, 90 steatite beads, one lot of steatite bead DEPARTMENT OF THE INTERIOR Nevada; Reno-Sparks Indian Colony, fragments, one steatite pendant Nevada; Walker River Paiute Tribe of fragment, one abalone shell pendant, National Park Service the Walker River Reservation, Nevada; one steatite nutting stone, one steatite and the Yerington Paiute Tribe of the shaft smoother, one lot ochre, one lot [NPS–WASO–NAGPRA–NPS0028041; Yerington Colony & Campbell Ranch, steatite sherds, flakes, and fragments. PPWOCRADN0–PCU00RP14.R50000] Nevada were invited to consult, but did not participate. Determinations Made by the State Notice of Inventory Completion: Two non-federally recognized groups, Center Community College District— Department of Anthropology, Southern the Dunlap Band of Mono Indians and Fresno City College Methodist University, Dallas, TX the Traditional Choinumni Tribe, Officials of the State Center AGENCY: National Park Service, Interior. participated in consultation. One non- Community College District—Fresno ACTION: Notice. federally recognized group, the City College have determined that:

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SUMMARY: The Department of National Park Service is not responsible remains at the time of death or later as Anthropology, Southern Methodist for the determinations in this notice. part of the death rite or ceremony. University has completed an inventory • Pursuant to 25 U.S.C. 3001(2), there Consultation of human remains and associated is a relationship of shared group funerary objects, in consultation with A detailed assessment of the human identity that can be reasonably traced the appropriate Indian Tribes or Native remains was made by the Department of between the Native American human Hawaiian organizations, and has Anthropology, Southern Methodist remains and associated funerary objects determined that there is a cultural University professional staff in and the Caddo Nation of Oklahoma. affiliation between the human remains consultation with representatives of the Additional Requestors and Disposition and associated funerary objects and Caddo Nation of Oklahoma. present-day Indian Tribes or Native Lineal descendants or representatives History and Description of the Remains Hawaiian organizations. Lineal of any Indian Tribe or Native Hawaiian descendants or representatives of any In 1968, human remains representing, organization not identified in this notice Indian Tribe or Native Hawaiian at minimum, one individual were that wish to request transfer of control organization not identified in this notice removed from the Lowden Site, in Hood of these human remains and associated that wish to request transfer of control County, TX. The site, located on private funerary objects should submit a written of these human remains and associated property was initially surveyed by E.B. request with information in support of funerary objects should submit a written Jelks and E.H. Moorman in 1953, for the the request to B. Sunday Eiselt, request to the Department of River Basin Surveys project. The site Department of Anthropology, Southern Anthropology, Southern Methodist was later excavated from March 7, 1968 Methodist University, 3225 Daniel University. If no additional requestors to August 28, 1968, prior to the Avenue, Heroy Hall #450, Dallas, TX come forward, transfer of control of the inundation of Lake Granbury. The burial 75205, telephone (214) 768–2915, email human remains and associated funerary was found in November 1968, while the [email protected], by July 15, 2019. After objects to the lineal descendants, Indian site was being destroyed for that date, if no additional requestors Tribes, or Native Hawaiian construction of a dam. The burial was have come forward, transfer of control organizations stated in this notice may uncovered outside of the original of the human remains and associated proceed. excavation area as a result of plowing by funerary objects to the Caddo Nation of a pay scraper. The well-preserved Oklahoma may proceed. DATES: Lineal descendants or The Department of Anthropology, representatives of any Indian Tribe or human remains belong to an adult male. When found, the backbones were Southern Methodist University is Native Hawaiian organization not responsible for notifying the Caddo identified in this notice that wish to oriented north and south, with the head facing south. Whether the individual Nation of Oklahoma that this notice has request transfer of control of these been published. human remains and associated funerary was in an extended or flexed position is objects should submit a written request unknown. The ribs were facing east, Dated: May 28, 2019. with information in support of the indicating that the individual was Melanie O’Brien, request to the Department of placed on their left side. The burial was Manager, National NAGPRA Program. Anthropology, Southern Methodist located six to eight feet below the [FR Doc. 2019–12463 Filed 6–12–19; 8:45 am] University at the address in this notice surface in sandy fill with a six to eight BILLING CODE 4312–52–P by July 15, 2019. inch layer of limestone fragments. No known individuals were identified. The ADDRESSES: B. Sunday Eiselt, three associated funerary objects are one DEPARTMENT OF THE INTERIOR Department of Anthropology, Southern point, one scraper, and one dart point. Methodist University, 3225 Daniel Because the burial was disturbed by a National Park Service Avenue, Heroy Hall #450, Dallas, TX scraper plow, the location of associated [NPS–WASO–NAGPRA–NPS0028044; 75205, telephone (214) 768–2915, email funerary objects in relation to the PPWOCRADN0–PCU00RP14.R50000] [email protected]. human remains is unknown. SUPPLEMENTARY INFORMATION: Notice is The site is dated to A.D. 1000 to 1200, Notice of Inventory Completion: here given in accordance with the based on the presence of Scallorn, and Department of Anthropology, Southern Native American Graves Protection and Perdiz points in the occupation area of Methodist University, Dallas, TX Repatriation Act (NAGPRA), 25 U.S.C. the site. The original excavators AGENCY: National Park Service, Interior. 3003, of the completion of an inventory determined that the people who ACTION: Notice. of human remains and associated occupied the Lowden site were funerary objects under the control of the Caddoan. SUMMARY: The Department of Department of Anthropology, Southern Determinations Made by the Anthropology, Southern Methodist Methodist University, Dallas, TX. The Department of Anthropology, Southern University has completed an inventory human remains and associated funerary Methodist University of human remains and associated objects were removed from 41HD5, funerary objects, in consultation with known as the Lowden Site, in Hood Officials of the Department of the appropriate Indian Tribes or Native County, TX. Anthropology, Southern Methodist Hawaiian organizations, and has This notice is published as part of the University have determined that: determined that there is a cultural National Park Service’s administrative • Pursuant to 25 U.S.C. 3001(9), the affiliation between the human remains responsibilities under NAGPRA, 25 human remains described in this notice and associated funerary objects and U.S.C. 3003(d)(3). The determinations in represent the physical remains of one present-day Indian Tribes or Native this notice are the sole responsibility of individual of Native American ancestry. Hawaiian organizations. Lineal the museum, institution, or Federal • Pursuant to 25 U.S.C. 3001(3)(A), descendants or representatives of any agency that has control of the Native the three objects described in this notice Indian Tribe or Native Hawaiian American human remains and are reasonably believed to have been organization not identified in this notice associated funerary objects. The placed with or near individual human that wish to request transfer of control

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of these human remains and associated rock shelter; caliche stones covered the the request to B. Sunday Eiselt, funerary objects should submit a written mouth of the burial. The individual Department of Anthropology, Southern request to the Department of appears to be a young female, 13–15 Methodist University, 3225 Daniel Anthropology, Southern Methodist years old. The human remains were Avenue, Heroy Hall #450, Dallas, TX University. If no additional requestors placed in a flexed position on the right 75205, telephone (214) 768–2915, email come forward, transfer of control of the side, facing southwest towards the [email protected], by July 15, 2019. After human remains and associated funerary entrance of the rock shelter. Portions of that date, if no additional requestors objects to the lineal descendants, Indian the skeleton were missing, including the have come forward, transfer of control Tribes, or Native Hawaiian pelvis and most of the vertebrae, due to of the human remains and associated organizations stated in this notice may rodent disturbance. No known funerary objects to the Comanche proceed. individuals were identified. The eight Nation, Oklahoma may proceed. DATES: Lineal descendants or associated funerary objects are one The Department of Anthropology, representatives of any Indian Tribe or whelk shell axe, three elk-tooth Southern Methodist University is Native Hawaiian organization not pendants, one brass buckle, one cinch responsible for notifying the Comanche identified in this notice that wish to buckle, one lump of blue-green pigment, Nation, Oklahoma that this notice has request transfer of control of these and one textile. (One iron axe and 3,638 been published. human remains and associated funerary glass beads (403 white seed beads, 3,100 Dated: May 28, 2019. light blue beads, 131 dark blue beads, objects should submit a written request Melanie O’Brien, two green beads, and two donut-shaped with information in support of the Manager, National NAGPRA Program. request to the Department of beads) associated with this burial are [FR Doc. 2019–12470 Filed 6–12–19; 8:45 am] Anthropology, Southern Methodist currently missing from the collection. University at the address in this notice These items were transferred to an BILLING CODE 4312–52–P by July 15, 2019. unknown location in Austin, TX, in March 1967, and efforts to find them ADDRESSES: B. Sunday Eiselt, DEPARTMENT OF THE INTERIOR Department of Anthropology, Southern have been unsuccessful.) The Morgan Jones site dates from A.D. Methodist University, 3225 Daniel National Park Service 1790 to the early 1800s, based on the Avenue, Heroy Hall #450, Dallas, TX brass cinch buckle found with the [NPS–WASO–NAGPRA–NPS0028040; 75205, telephone (214) 768–2915, email burial. According to correspondence PPWOCRADN0–PCU00RP14.R50000] [email protected]. from Curtis Tunnell (then the Texas SUPPLEMENTARY INFORMATION: Notice is State Archeologist), the brass cinch Notice of Inventory Completion: here given in accordance with the buckle is of Spanish-Mexican origin, Department of Anthropology, Southern Native American Graves Protection and and dates to the early 1800s. The plain Methodist University, Dallas, TX Repatriation Act (NAGPRA), 25 U.S.C. brass buckle and axe are English or AGENCY: National Park Service, Interior. 3003, of the completion of an inventory French. Based on the associated ACTION: Notice. of human remains and associated funerary objects, the cultural affiliation funerary objects under the control of the is definitively identified as Comanche. SUMMARY: The Department of Department of Anthropology, Southern Anthropology, Southern Methodist Methodist University, Dallas, TX. The Determinations Made by the University has completed an inventory human remains and associated funerary Department of Anthropology, Southern of human remains, in consultation with objects were removed from site 41CB53, Methodist University the appropriate Indian Tribes or Native known as the Morgan Jones Site, in Officials of the Department of Hawaiian organizations, and has Crosby County, TX. Anthropology, Southern Methodist determined that there is no cultural This notice is published as part of the University have determined that: affiliation between the human remains National Park Service’s administrative • Pursuant to 25 U.S.C. 3001(9), the and any present-day Indian Tribes or responsibilities under NAGPRA, 25 human remains described in this notice Native Hawaiian organizations. U.S.C. 3003(d)(3). The determinations in represent the physical remains of one Representatives of any Indian Tribe or this notice are the sole responsibility of individual of Native American ancestry. Native Hawaiian organization not the museum, institution, or Federal • Pursuant to 25 U.S.C. 3001(3)(A), identified in this notice that wish to agency that has control of the Native the eight objects described in this notice request transfer of control of these American human remains and are reasonably believed to have been human remains should submit a written associated funerary objects. The placed with or near individual human request to the Department of National Park Service is not responsible remains at the time of death or later as Anthropology, Southern Methodist for the determinations in this notice. part of the death rite or ceremony. • Pursuant to 25 U.S.C. 3001(2), there University. If no additional requestors Consultation is a relationship of shared group come forward, transfer of control of the A detailed assessment of the human identity that can be reasonably traced human remains to the Indian Tribes or remains was made by the Department of between the Native American human Native Hawaiian organizations stated in Anthropology, Southern Methodist remains and associated funerary objects this notice may proceed. University professional staff in and the Comanche Nation, Oklahoma. DATES: Representatives of any Indian consultation with representatives of the Tribe or Native Hawaiian organization Additional Requestors and Disposition Comanche Nation, Oklahoma. not identified in this notice that wish to Lineal descendants or representatives request transfer of control of these History and Description of the Remains of any Indian Tribe or Native Hawaiian human remains should submit a written In 1967, human remains representing, organization not identified in this notice request with information in support of at minimum, one individual were that wish to request transfer of control the request to the Department of removed from the Morgan Jones site of these human remains and associated Anthropology, Southern Methodist (41CB53), in Crosby County, TX. The funerary objects should submit a written University at the address in this notice human remains were found inside a request with information in support of by July 15, 2019.

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ADDRESSES: B. Sunday Eiselt, Determinations Made by the DEPARTMENT OF THE INTERIOR Department of Anthropology, Southern Department of Anthropology, Southern Methodist University, 3225 Daniel Methodist University National Park Service Avenue, Heroy Hall #450, Dallas, TX [NPS–WASO–VRP–USPP–NPS0027436; 75205, telephone (214) 768–2915, email Officials of the Department of PPWOUSPPS1, PPMPRPP02.Y00000 (199); [email protected]. Anthropology, Southern Methodist OMB Control Number 1024–0245] University have determined that: SUPPLEMENTARY INFORMATION: Notice is • Pursuant to 25 U.S.C. 3001(9), the Agency Information Collection here given in accordance with the human remains described in this notice Activities; United States Park Police Native American Graves Protection and are Native American based on burial Pre-Employment Suitability Repatriation Act (NAGPRA), 25 U.S.C. context and the surrounding cultural Determination Process 3003, of the completion of an inventory sites. AGENCY: of human remains under the control of National Park Service, Interior. • the Department of Anthropology, Pursuant to 25 U.S.C. 3001(9), the ACTION: Notice of information collection; Southern Methodist University, Dallas, human remains described in this notice request for comment. represent the physical remains of one TX. The human remains were removed SUMMARY: In accordance with the individual of Native American ancestry. from site X41CX10, known as the Paperwork Reduction Act of 1995, we, Chimney Shelter Site, in Crockett • Pursuant to 25 U.S.C. 3001(2), a the National Park Service (NPS) are County, TX. relationship of shared group identity proposing to renew an information This notice is published as part of the cannot be reasonably traced between the collection. National Park Service’s administrative Native American human remains and DATES: Interested persons are invited to responsibilities under NAGPRA, 25 any present-day Indian Tribe. submit comments on or before August U.S.C. 3003(d)(3) and 43 CFR 10.11(d). • According to final judgments of the 12, 2019. The determinations in this notice are Indian Claims Commission or the Court ADDRESSES: Send your comments on the sole responsibility of the museum, of Federal Claims, the land from which this information collection request (ICR) institution, or Federal agency that has the Native American human remains by mail to Phadrea Ponds, Acting NPS control of the Native American human were removed is the aboriginal land of Information Collection Clearance remains. The National Park Service is the Apache Tribe of Oklahoma; Officer, 1201 Oakridge Drive, Fort not responsible for the determinations Comanche Nation, Oklahoma; and the Collins, CO 80525; or by email at in this notice. Kiowa Indian Tribe of Oklahoma [email protected]; or by telephone at 970–267–7231. Please Consultation (hereafter, ‘‘The Tribes’’). reference OMB Control Number 1024– • Pursuant to 43 CFR 10.11(c)(1), the 0245 in the subject line of your A detailed assessment of the human disposition of the human remains may comments. remains was made by the Department of be to The Tribes. Anthropology, Southern Methodist FOR FURTHER INFORMATION CONTACT: To University professional staff in Additional Requestors and Disposition request additional information about consultation with representatives of the this ICR by mail, contact Captain Jerry Representatives of any Indian Tribe or Caddo Nation of Oklahoma and the Marshall, 1100 Ohio Dr. SW, Native Hawaiian organization not Wichita and Affiliated Tribes (Wichita, Washington, DC 2002; or by email at identified in this notice that wish to Keechi, Waco & Tawakonie), Oklahoma [email protected]; or by telephone request transfer of control of these (hereafter referred to as ‘‘The Consulted at 202–610–5591. Please reference OMB human remains should submit a written Tribes’’). Control Number 1024–0245 in the request with information in support of subject line of your comments. History and Description of the Remains the request to B. Sunday Eiselt, SUPPLEMENTARY INFORMATION: In Department of Anthropology, Southern On November 18, 1966, human accordance with the Paperwork Methodist University, 3225 Daniel Reduction Act of 1995, we provide the remains representing, at minimum, one Avenue, Heroy Hall #450, Dallas, TX individual were removed from the general public and other Federal 75205, telephone (214) 768–2915, email agencies with an opportunity to Chimney Shelter Site (X41CX10) in [email protected], by July 15, 2019. After Crockett County, TX. The Chimney comment on new, proposed, revised, that date, if no additional requestors and continuing collections of Shelter Site was one of several have come forward, transfer of control information. This helps us assess the rockshelter sites excavated during the of the human remains to The Tribes may impact of our information collection Crockett County Excavations project, a proceed. requirements and minimize the public’s highway salvage project conducted by reporting burden. It also helps the the State of Texas preceding the The Department of Anthropology, Southern Methodist University is public understand our information construction of Interstate Highway 10. collection requirements and provide the The partial remains of one adult responsible for notifying The Consulted Tribes and The Tribes that this notice requested data in the desired format. individual were found in the southern We are soliciting comments on the has been published. half of the rockshelter under a mound proposed ICR that is described below. of limestone rocks. Small patches of Dated: May 28, 2019. We are especially interested in public degraded plant material found under the Melanie O’Brien, comment addressing the following human remains were either matting or, Manager, National NAGPRA Program. issues: (1) Is the collection necessary to (more likely, based on excavation notes) [FR Doc. 2019–12462 Filed 6–12–19; 8:45 am] the proper functions of the NPS; (2) will grass. No known individuals were this information be processed and used identified. No associated funerary BILLING CODE 4312–52–P in a timely manner; (3) is the estimate objects are present (no other artifacts of burden accurate; (4) how might the were recovered from the rockshelter). NPS enhance the quality, utility, and

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clarity of the information to be required to complete and pass minimum efficiency score on the collected; and (5) how might the NPS competitive written examinations, oral Physical Efficiency Battery (PEB). minimize the burden of this collection interviews, medical examinations, Form 10–2201E, ‘‘Physician Consent on the respondents, including through psychological evaluations, and a battery Form’’—requires physician certification the use of information technology. of physical fitness and agility tests, as for the candidate to participate in the Comments that you submit in well as the forms listed below: PEB. response to this notice are a matter of Form 10–2201, ‘‘Personal Form 10–2201F, ‘‘Applicant public record. We will include or Qualifications Statement’’—provides Documentation Form’’—required to be summarize each comment in our request information on the personal history of completed by the applicant when to OMB to approve this ICR. Before the candidate. declining or deferring employment with including your address, phone number, Form 10–2201A, ‘‘Information Release the USPP. email address, or other personal Form’’—authorizes the release of all Title of Collection: United States Park identifying information in your personal and confidential records, to Police Pre-Employment Suitability include medical records concerning comment, you should be aware that Determination Process. physical and mental health. your entire comment—including your OMB Control Number: 1024–0245. Form 10–2201B, ‘‘Release to Obtain a personal identifying information—may Credit Report’’—authorizes the release Form Numbers: NPS Forms 10–2201, be made publicly available at any time. of information from consumer reporting 10–2201A through 10–2201F. While you can ask us in your comment agencies. Type of Review: Extension of a to withhold your personal identifying Form 10–2201C, ‘‘Lautenberg currently approved collection. information from public review, we Certification’’—requires information Respondents/Affected Public: cannot guarantee that we will be able to and certification by the applicant Candidates for employment as a United do so. regarding a conviction of a States Park Police Officer. Abstract: The United States Park misdemeanor crime of domestic Respondent’s Obligation: Required to Police (USPP) is authorized by Title 5, violence. obtain or retain a benefit. Code of Federal Regulations, Section Form 10–2201D, ‘‘Physical Efficiency Frequency of Collection: On occasion. 5.2, ‘‘Investigation and evaluations,’’ to Battery ‘‘Waiver’’ ’’—requires the Total Estimated Annual Nonhour collect this information as required in candidate to provide information Burden Cost: $238,752 (printing, the USPP Pre-employment Suitability regarding medical conditions which notarizing and to providing supporting Process. All USPP candidates are may impede their ability to meet the documentation).

Estimated Estimated number of completion Estimated Activity annual time per total annual responses response burden hours

Form 10–2201, ‘‘Personal Qualification Statement’’ ...... 2,500 7 hours 17,500 Form 10–2201A, ‘‘Information Release Form’’ ...... 2,500 15 minutes 625 Form 10–2201B, ‘‘Release to Obtain a Credit Report’’ ...... 2,500 10 minutes 417 Form 10–2201C, ‘‘Lautenberg Certification’’ ...... 2,500 5 minutes 208 Form 10–2201D, ‘‘Physical Efficiency Battery ‘‘Waiver’’ ’’ ...... 2,500 10 minutes 417 Form 10–2201E, ‘‘Physician Consent Form’’ ...... 2,500 15 minutes 625 Form 10–2201F, ‘‘Applicant Documentation Form’’ ...... 15 5 minutes 1

Totals ...... 15,015 ...... 19,793 * Rounded.

An agency may not conduct or DEPARTMENT OF THE INTERIOR organization not identified in this notice sponsor and a person is not required to that wish to request transfer of control respond to a collection of information National Park Service of these human remains and associated unless it displays a currently valid OMB [NPS–WASO–NAGPRA–NPS0028047; funerary objects should submit a written control number. PPWOCRADN0–PCU00RP14.R50000] request to Fort Lewis College. If no additional requestors come forward, The authority for this action is the Notice of Inventory Completion: Fort transfer of control of the human remains Paperwork Reduction Act of 1995 (44 Lewis College, Durango, CO to the lineal descendants, Indian Tribes, U.S.C. 3501 et seq.). or Native Hawaiian organizations stated AGENCY: National Park Service, Interior. Phadrea Ponds, in this notice may proceed. ACTION: Notice. Acting Information Collection Clearance DATES: Lineal descendants or Officer, National Park Service. SUMMARY: Fort Lewis College has representatives of any Indian Tribe or [FR Doc. 2019–12440 Filed 6–12–19; 8:45 am] completed an inventory of human Native Hawaiian organization not BILLING CODE 4312–52–P remains in consultation with the identified in this notice that wish to appropriate Indian Tribes or Native request transfer of control of these Hawaiian organizations and has human remains should submit a written determined that there is a cultural request with information in support of affiliation between the human remains the request to Fort Lewis College at the and present-day Indian Tribes or Native address in this notice by July 15, 2019. Hawaiian organizations. Lineal ADDRESSES: Dr. Kathleen Fine-Dare, descendants or representatives of any NAGPRA Tribal Liaison, Fort Lewis Indian Tribe or Native Hawaiian College, Office of the President, 1000

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Rim Drive, Durango, CO 81301 assigned catalog number FLC 500. The remains and the Southern Ute Indian telephone (970) 247–7438, email fine_ human remains consist of a cranium Tribe of the Southern Ute Reservation, [email protected]. with dentition and a partial postcranial Colorado and the Ute Mountain Ute SUPPLEMENTARY INFORMATION: Notice is skeleton (R scapula, pelvic girdle, L Tribe (previously listed as the Ute here given in accordance with the femur, L tibia, and several ribs), of an Mountain Tribe of the Ute Mountain Native American Graves Protection and adult male 40–55 years of age whose Reservation, Colorado, New Mexico & Repatriation Act (NAGPRA), 25 U.S.C. cranial and dental characteristics are Utah). highly consistent with Native American 3003, of the completion of an inventory Additional Requestors and Disposition of human remains under the control of ancestry. No known individuals were Fort Lewis College. The human remains identified. No associated funerary Lineal descendants or representatives were removed from three different objects are present. of any Indian Tribe or Native Hawaiian locations in the area of Durango, in La Sometime in the 1960s, human organization not identified in this notice Plata County, CO. remains representing, at minimum, one that wish to request transfer of control This notice is published as part of the individual were removed from the of these human remains should submit National Park Service’s administrative vicinity of Berndt Hall on the Fort Lewis a written request with information in responsibilities under NAGPRA, 25 College campus in Durango, CO. The support of the request to Dr. Kathleen U.S.C. 3003(d)(3). The determinations in human remains of the individual, Fine-Dare, NAGPRA Tribal Liaison, Fort this notice are the sole responsibility of assigned catalog number FLC 609, Lewis College, Office of the President, the museum, institution, or Federal consist of a cranium with dentition 1000 Rim Drive, Durango, CO 81301, agency that has control of the Native belonging to an adult male 35–45 years telephone (970) 247–7438, email fine_ American human remains. The National of age whose cranial characteristics are [email protected], by July 15, 2019. After Park Service is not responsible for the consistent with Native American that date, if no additional requestors determinations in this notice. ancestry. Based on other known have come forward, transfer of control archeological contexts from the of the human remains to the Southern Consultation immediate area, the notes Ute Indian Tribe of the Southern Ute A detailed assessment of the human accompanying the human remains state Reservation, Colorado and the Ute remains was made by Fort Lewis that they could plausibly be dated to Mountain Ute Tribe (previously listed as College professional staff in BMIII to PI. There is no additional the Ute Mountain Tribe of the Ute consultation with representatives of the information regarding the circumstances Mountain Reservation, Colorado, New Hopi Tribe of Arizona; Kewa Pueblo, under which the human remains arrived Mexico & Utah) may proceed. New Mexico (previously listed as the in the collection of the Department of Fort Lewis College is responsible for Pueblo of Santo Domingo); Ohkay Anthropology at Fort Lewis College. No notifying The Tribes that this notice has Owingeh, New Mexico (previously known individuals were identified. No been published. listed as the Pueblo of San Juan); Pueblo associated funerary objects are present. Dated: May 28, 2019. of Acoma, New Mexico; Pueblo of Sometime in the mid- to later Melanie O’Brien, Cochiti, New Mexico; Pueblo of Isleta, twentieth century a private landowner, Manager, National NAGPRA Program. New Mexico; Pueblo of Jemez, New Milo Dearien, came across the human Mexico; Pueblo of Laguna, New Mexico; remains of one individual during [FR Doc. 2019–12467 Filed 6–12–19; 8:45 am] Pueblo of Nambe, New Mexico; Pueblo construction on 6440 County Road 203, BILLING CODE 4312–52–P of Picuris, New Mexico; Pueblo of north of Durango, in the north Animas Pojoaque, New Mexico; Pueblo of San Valley. Dearien transferred the human DEPARTMENT OF THE INTERIOR Felipe, New Mexico; Pueblo of San remains to Fort Lewis College in the Ildefonso, New Mexico; Pueblo of mid-1980s. The human remains, consist National Park Service Sandia, New Mexico; Pueblo of Santa of a cranium lacking teeth, belong to an Ana, New Mexico; Pueblo of Santa adult female 30–45 years of age. No [NPS–WASO–NAGPRA–NPS0028043; PPWOCRADN0–PCU00RP14.R50000] Clara, New Mexico; Pueblo of Taos, known individuals were identified. No New Mexico; Pueblo of Tesuque, New associated funerary objects are present. Notice of Inventory Completion: Mexico; Pueblo of Zia, New Mexico; Based on the nature and location of Department of Anthropology, Southern Ysleta del Sur Pueblo (previously listed the sites, the manner of burial, the Methodist University, Dallas, TX as the Ysleta Del Sur Pueblo of Texas); treatment of the crania, the Native and the Zuni Tribe of the Zuni American biological characteristics of AGENCY: National Park Service, Interior. Reservation, New Mexico (hereafter the crania, and the oral histories of the ACTION: Notice. referred to as ‘‘The Tribes’’). Ute peoples regarding life and death in SUMMARY: The Department of History and Description of the Remains the Durango region, the human remains in this notice are identified as Ute. Anthropology, Southern Methodist In 1978, human remains representing, University has completed an inventory at minimum, one individual were Determinations Made by Fort Lewis of human remains, in consultation with removed from La Plata County, CO. College the appropriate Indian Tribes or Native Individuals were collecting antlers on Officials of Fort Lewis College have Hawaiian organizations, and has private land when they found the determined that: determined that there is a cultural human remains on the surface of the • Pursuant to 25 U.S.C. 3001(9), the affiliation between the human remains Animas Valley, along the western cliff human remains described in this notice and present-day Indian Tribes or Native edges. Some scattered fragments found represent the physical remains of three Hawaiian organizations. Lineal on the cliff suggest that the individual individuals of Native American descendants or representatives of any had originally been placed in a crevice ancestry. Indian Tribe or Native Hawaiian in the cliff face. La Plata County • Pursuant to 25 U.S.C. 3001(2), there organization not identified in this notice Sheriff’s deputies called to the scene is a relationship of shared group that wish to request transfer of control turned over the majority of the bones to identity that can be reasonably traced of these human remains should submit Fort Lewis College, where they were between the Native American human a written request to the Department of

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Anthropology, Southern Methodist Southern Methodist University TIME AND DATE: June 25, 2019 at 9:30 University. If no additional requestors Department of Geology. His initial a.m. come forward, transfer of control of the research (Schuler 1923) indicated that PLACE: Room 101, 500 E Street SW, human remains to the lineal the human remains were related to the Washington, DC 20436, Telephone: descendants, Indian Tribes, or Native Pleistocene bone bed in which they (202) 205–2000. Hawaiian organizations stated in this were found. Later research (Oakley and STATUS: Open to the public. notice may proceed. Howell, 1961; Crook, 1961), though, MATTERS TO BE CONSIDERED: DATES: Lineal descendants or found that the burial was intrusional, 1. Agendas for future meetings: None. representatives of any Indian Tribe or and dates to the early Archaic. Though 2. Minutes. Native Hawaiian organization not the burial was not complete when it was 3. Ratification List. identified in this notice that wish to uncovered, the human remains appear 4. Vote on Inv. Nos. 701–TA–452 and request transfer of control of these to be from a single individual. There are 731–TA–1129–1130 (Second Review) human remains should submit a written no known individuals. There are no (Raw Flexible Magnets from China and request with information in support of associated funerary objects. Taiwan). The Commission is currently scheduled to complete and file its the request to the Department of Determinations Made by the determinations and views of the Anthropology, Southern Methodist Department of Anthropology, Southern Commission by August 30, 2019. University at the address in this notice Methodist University by July 15, 2019. 5. Vote on Inv. No. 731–TA–1114 Officials of the Department of ADDRESSES: B. Sunday Eiselt, (Second Review) (Steel Nails from Anthropology, Southern Methodist Department of Anthropology, Southern China). The Commission is currently University have determined that: scheduled to complete and file its Methodist University, 3225 Daniel • Pursuant to 25 U.S.C. 3001(9), the Avenue, Heroy Hall #450, Dallas, TX determination and views of the human remains described in this notice Commission by August 30, 2019. 75205, telephone (214) 768–2915, email represent the physical remains of one [email protected]. 6. Outstanding action jackets: None. individual of Native American ancestry. In accordance with Commission SUPPLEMENTARY INFORMATION: Notice is • Pursuant to 25 U.S.C. 3001(2), there policy, subject matter listed above, not here given in accordance with the is a relationship of shared group disposed of at the scheduled meeting, Native American Graves Protection and identity that can be reasonably traced may be carried over to the agenda of the Repatriation Act (NAGPRA), 25 U.S.C. between the Native American human following meeting. 3003, of the completion of an inventory remains and The Tribes. of human remains and associated By order of the Commission. funerary objects under the control of the Additional Requestors and Disposition Issued: June 10, 2019. Department of Anthropology, Southern Lineal descendants or representatives William Bishop, Methodist University, Dallas, TX. The of any Indian Tribe or Native Hawaiian Supervisory Hearings and Information human remains were removed from the organization not identified in this notice Officer. Lagow Sand Pit Site (41DL179), in that wish to request transfer of control [FR Doc. 2019–12576 Filed 6–11–19; 11:15 am] Dallas County, TX. of these human remains should submit BILLING CODE 7020–02–P This notice is published as part of the a written request with information in National Park Service’s administrative support of the request to B. Sunday responsibilities under NAGPRA, 25 Eiselt, Department of Anthropology, INTERNATIONAL TRADE U.S.C. 3003(d)(3). The determinations in Southern Methodist University, 3225 COMMISSION this notice are the sole responsibility of Daniel Avenue, Heroy Hall #450, Dallas, [USITC SE–19–023] the museum, institution, or Federal TX 75205, telephone (214) 768–2915, agency that has control of the Native email [email protected], by July 15, 2019. Sunshine Act Meetings American human remains. The National After that date, if no additional Park Service is not responsible for the requestors have come forward, transfer AGENCY HOLDING THE MEETING: United determinations in this notice. of control of the human remains and States International Trade Commission. associated funerary objects to The TIME AND DATE: June 24, 2019 at 10:15 Consultation Tribes may proceed. a.m. A detailed assessment of the human The Department of Anthropology, PLACE: Room 101, 500 E Street SW, remains was made by the Department of Southern Methodist University is Washington, DC 20436, Telephone: Anthropology, Southern Methodist responsible for notifying The Tribes that (202) 205–2000. University professional staff in this notice has been published. STATUS: Open to the public. consultation with representatives of the Dated: May 28, 2019. MATTERS TO BE CONSIDERED: Caddo Nation of Oklahoma; Coushatta Melanie O’Brien, 1. Agendas for future meetings: None. Tribe of Louisiana; Tonkawa Tribe of Manager, National NAGPRA Program. 2. Minutes. Indians of Oklahoma; and the Wichita 3. Ratification List. and Affiliated Tribes (Wichita, Keechi, [FR Doc. 2019–12465 Filed 6–12–19; 8:45 am] 4. Vote on Inv. Nos. 701–TA–624–625 Waco & Tawakonie), Oklahoma BILLING CODE 4312–52–P and 731–TA–1450–1451 (Preliminary) (hereafter referred to as ‘‘The Tribes’’). (Quartz Surface Products from India and Turkey). The Commission is currently History and Description of the Remains INTERNATIONAL TRADE scheduled to complete and file its At an unknown date, human remains COMMISSION determinations on June 24, 2019; views representing, at minimum, one [USITC SE–19–024] of the Commission are currently individual were removed from the scheduled to be completed and filed on Lagow Sand Pit Site (41DL79), in Dallas Sunshine Act Meetings July 1, 2019. County, TX. The Lagow Sand Pit Site 5. Outstanding action jackets: None. was initially a geological survey AGENCY HOLDING THE MEETING: United In accordance with Commission completed by Dr. Ellis Shuler of the States International Trade Commission. policy, subject matter listed above, not

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disposed of at the scheduled meeting, youth and adult mattresses. The term mattresses), or as part of a set in may be carried over to the agenda of the ‘‘mattress’’ denotes an assembly of combination with a ‘‘mattress following meeting. materials that at a minimum includes a foundation.’’ ‘‘Mattress foundations’’ are By order of the Commission. ‘‘core,’’ which provides the main any base or support for a mattress. Issued: June 10, 2019. support system of the mattress, and may Mattress foundations are commonly consist of innersprings, foam, other referred to as ‘‘foundations,’’ William Bishop, resilient filling, or a combination of ‘‘boxsprings,’’ ‘‘platforms,’’ and/or Supervisory Hearings and Information these materials. Mattresses may also ‘‘bases.’’ Bases can be static, foldable, or Officer. contain (1) ‘‘upholstery,’’ the material adjustable. Only the mattress is covered [FR Doc. 2019–12575 Filed 6–11–19; 11:15 am] between the core and the top panel of by the scope if imported as part of BILLING CODE 7020–02–P the ticking on a single-sided mattress, or furniture, with furniture mechanisms, or between the core and the top and as part of a set in combination with a bottom panel of the ticking on a double- mattress foundation. INTERNATIONAL TRADE sided mattress; and/or (2) ‘‘ticking,’’ the Excluded from the scope of this COMMISSION outermost layer of fabric or other investigation are ‘‘futon’’ mattresses. A [Investigation No. 731–TA–1424 (Final)] material (e.g., vinyl) that encloses the ‘‘futon’’ is a bi-fold frame made of wood, core and any upholstery, also known as metal, or plastic material, or any Mattresses From China; Scheduling of a cover. combination thereof, that functions as the Final Phase of an Antidumping The scope of this investigation is both seating furniture (such as a couch, Duty Investigation restricted to only ‘‘adult mattresses’’ and love seat, or sofa) and a bed. A ‘‘futon ‘‘youth mattresses.’’ ‘‘Adult mattresses’’ mattress’’ is a tufted mattress, where the AGENCY: United States International Trade Commission. have a width exceeding 35 inches, a top covering is secured to the bottom length exceeding 72 inches, and a depth with thread that goes completely ACTION: Notice. exceeding 3 inches on a nominal basis. through the mattress from the top SUMMARY: The Commission hereby gives Such mattresses are frequently through to the bottom, and it does not notice of the scheduling of the final described as ‘‘twin,’’ ‘‘extra-long twin,’’ contain innersprings or foam. A futon phase of antidumping investigation No. ‘‘full,’’ ‘‘queen,’’ ‘‘king,’’ or ‘‘California mattress is both the bed and seating 731–TA–1424 (Final) pursuant to the king’’ mattresses. ‘‘Youth mattresses’’ surface for the futon. Tariff Act of 1930 (‘‘the Act’’) to have a width exceeding 27 inches, a Also excluded from the scope are determine whether an industry in the length exceeding 51 inches, and a depth airbeds (including inflatable mattresses) United States is materially injured or exceeding 1 inch (crib mattresses have and waterbeds, which consist of air- or threatened with material injury, or the a depth of 6 inches or less from edge to liquid-filled bladders as the core or establishment of an industry in the edge) on a nominal basis. Such main support system of the mattress. Further, also excluded from the scope United States is materially retarded, by mattresses are typically described as of this investigation are any products reason of imports of mattresses from ‘‘crib,’’ ‘‘toddler,’’ or ‘‘youth’’ covered by the existing antidumping China, provided for in subheadings mattresses. All adult and youth duty order on uncovered innerspring 9404.21.00, 9404.29.10, 9404.29.90, mattresses are included regardless of units. See Uncovered Innerspring Units 9401.40.00, and 9401.90.50 of the actual size description. from the People’s Republic of China: Harmonized Tariff Schedule of the The scope encompasses all types of Notice of Antidumping Duty Order, 74 United States, preliminarily determined ‘‘innerspring mattresses,’’ ‘‘non- innerspring mattresses,’’ and ‘‘hybrid FR 7661 (February 19, 2009). by the Department of Commerce mattresses.’’ ‘‘Innerspring mattresses’’ Additionally, also excluded from the (‘‘Commerce’’) to be sold at less-than- contain innersprings, a series of metal scope of this investigation are ‘‘mattress fair-value. springs joined together in sizes that toppers.’’ A ‘‘mattress topper’’ is a DATES: May 28, 2019. correspond to the dimensions of removable bedding accessory that FOR FURTHER INFORMATION CONTACT: mattresses. Mattresses that contain supplements a mattress by providing an Calvin Chang ((202) 205–3062), Office of innersprings are referred to as additional layer that is placed on top of Investigations, U.S. International Trade ‘‘innerspring mattresses’’ or ‘‘hybrid a mattress. Excluded mattress toppers Commission, 500 E Street SW, mattresses.’’ ‘‘Hybrid mattresses’’ have a height of four inches or less. Washington, DC 20436. Hearing- contain two or more support systems as The products subject to this impaired persons can obtain the core, such as layers of both memory investigation are currently properly information on this matter by contacting foam and innerspring units. classifiable under Harmonized Tariff the Commission’s TDD terminal on 202– ‘‘Non-innerspring mattresses’’ are Schedule for the United States (HTSUS) 205–1810. Persons with mobility those that do not contain any subheadings: 9404.21.0010, impairments who will need special innerspring units. They are generally 9404.21.0013, 9404.29.1005, assistance in gaining access to the produced from foams (e.g., 9404.29.1013, 9404.29.9085, and Commission should contact the Office polyurethane, memory (viscoelastic), 9404.29.9087. Products subject to this of the Secretary at 202–205–2000. latex foam, gel-infused viscoelastic (gel investigation may also enter under General information concerning the foam), thermobonded polyester, HTSUS subheadings: 9404.21.0095, Commission may also be obtained by polyethylene) or other resilient filling. 9404.29.1095, 9404.29.9095, accessing its internet server (https:// Mattresses covered by the scope of 9401.40.0000, and 9401.90.5081. www.usitc.gov). The public record for this investigation may be imported Although the HTSUS subheadings are this investigation may be viewed on the independently, as part of furniture or provided for convenience and customs Commission’s electronic docket (EDIS) furniture mechanisms (e.g., convertible purposes, the written description of the at https://edis.usitc.gov. sofa bed mattresses, sofa bed mattresses merchandise subject to this SUPPLEMENTARY INFORMATION: imported with sofa bed mechanisms, investigation is dispositive. Scope.—For purposes of this corner group mattresses, day-bed Background.—The final phase of this investigation, Commerce has defined mattresses, roll-away bed mattresses, investigation is being scheduled, the subject merchandise as all types of high risers, trundle bed mattresses, crib pursuant to section 735(b) of the Tariff

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Act of 1930 (19 U.S.C. 1673d(b)), as a service list will be maintained by the contain new factual information and result of an affirmative preliminary Secretary for those parties authorized to must otherwise comply with section determination by Commerce that receive BPI under the APO. 207.30 of the Commission’s rules. All imports of mattresses from China are Staff report.—The prehearing staff written submissions must conform with being sold in the United States at less report in the final phase of this the provisions of section 201.8 of the than fair value within the meaning of investigation will be placed in the Commission’s rules; any submissions section 733 of the Act (19 U.S.C. 1673b). nonpublic record on September 19, that contain BPI must also conform with The investigation was requested in a 2019, and a public version will be the requirements of sections 201.6, petition filed on September 18, 2018, by issued thereafter, pursuant to section 207.3, and 207.7 of the Commission’s Corsicana Mattress Company, Dallas, 207.22 of the Commission’s rules. rules. The Commission’s Handbook on Texas; Elite Comfort Solutions, Hearing.—The Commission will hold E-Filing, available on the Commission’s Newman, Georgia; Future Foam Inc., a hearing in connection with the final website at https://edis.usitc.gov, Council Bluffs, Iowa; FXI, Inc. Media, phase of this investigation beginning at elaborates upon the Commission’s rules Pennsylvania; Innocor, Inc., Red Bank, 9:30 a.m. on Thursday, October 10, with respect to electronic filing. New Jersey; Kolcraft Enterprises Inc., 2019, at the U.S. International Trade Additional written submissions to the Chicago, Illinois; Leggett & Platt, Commission Building. Requests to Commission, including requests Incorporated, Carthage, Missouri; Serta appear at the hearing should be filed in pursuant to section 201.12 of the Simmons Bedding, LLC, Atlanta, writing with the Secretary to the Commission’s rules, shall not be Georgia; and Tempur Sealy Commission on or before October 4, accepted unless good cause is shown for International, Inc., Lexington, Kentucky. 2019. A nonparty who has testimony accepting such submissions, or unless For further information concerning that may aid the Commission’s the submission is pursuant to a specific the conduct of this phase of the deliberations may request permission to request by a Commissioner or investigation, hearing procedures, and present a short statement at the hearing. Commission staff. rules of general application, consult the All parties and nonparties desiring to In accordance with sections 201.16(c) Commission’s Rules of Practice and appear at the hearing and make oral and 207.3 of the Commission’s rules, Procedure, part 201, subparts A and B presentations should participate in a each document filed by a party to the (19 CFR part 201), and part 207, prehearing conference to be held on investigation must be served on all other subparts A and C (19 CFR part 207). October 8, 2019, at the U.S. parties to the investigation (as identified Participation in the investigation and International Trade Commission by either the public or BPI service list), public service list.—Persons, including Building, if deemed necessary. Oral and a certificate of service must be industrial users of the subject testimony and written materials to be timely filed. The Secretary will not merchandise and, if the merchandise is submitted at the public hearing are accept a document for filing without a sold at the retail level, representative governed by sections 201.6(b)(2), certificate of service. consumer organizations, wishing to 201.13(f), and 207.24 of the participate in the final phase of this Commission’s rules. Parties must submit Authority: This investigation is being investigation as parties must file an any request to present a portion of their conducted under authority of title VII of the Tariff Act of 1930; this notice is published entry of appearance with the Secretary hearing testimony in camera no later pursuant to section 207.21 of the to the Commission, as provided in than 7 business days prior to the date of Commission’s rules. section 201.11 of the Commission’s the hearing. rules, no later than 21 days prior to the Written submissions.—Each party By order of the Commission. hearing date specified in this notice. A who is an interested party shall submit Issued: June 7, 2019. party that filed a notice of appearance a prehearing brief to the Commission. Katherine Hiner, during the preliminary phase of the Prehearing briefs must conform with the Supervisory Attorney. investigation need not file an additional provisions of section 207.23 of the [FR Doc. 2019–12434 Filed 6–12–19; 8:45 am] notice of appearance during this final Commission’s rules; the deadline for BILLING CODE 7020–02–P phase. The Secretary will maintain a filing is September 26, 2019. Parties public service list containing the names may also file written testimony in and addresses of all persons, or their connection with their presentation at DEPARTMENT OF JUSTICE representatives, who are parties to the the hearing, as provided in section investigation. 207.24 of the Commission’s rules, and Drug Enforcement Administration Limited disclosure of business posthearing briefs, which must conform proprietary information (BPI) under an with the provisions of section 207.25 of [Docket No. DEA–392] administrative protective order (APO) the Commission’s rules. The deadline Bulk Manufacturer of Controlled and BPI service list.—Pursuant to for filing posthearing briefs is October Substances Registration section 207.7(a) of the Commission’s 17, 2019. In addition, any person who rules, the Secretary will make BPI has not entered an appearance as a party ACTION: Notice of registration. gathered in the final phase of this to the investigation may submit a investigation available to authorized written statement of information SUMMARY: The registrant listed below applicants under the APO issued in the pertinent to the subject of the has applied for and been granted a investigation, provided that the investigation, including statements of registration by the Drug Enforcement application is made no later than 21 support or opposition to the petition, on Administration (DEA) as a bulk days prior to the hearing date specified or before October 17, 2019. On manufacturer of a basic class of in this notice. Authorized applicants November 5, 2019, the Commission will schedule II controlled substances. must represent interested parties, as make available to parties all information SUPPLEMENTARY INFORMATION: The defined by 19 U.S.C. 1677(9), who are on which they have not had an company listed below applied to be parties to the investigation. A party opportunity to comment. Parties may registered as a bulk manufacturer of a granted access to BPI in the preliminary submit final comments on this basic class of schedule II controlled phase of the investigation need not information on or before November 7, substances. Information on a previously reapply for such access. A separate 2019, but such final comments must not published notice is listed below. No

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comments or objections were submitted Therefore, pursuant to 21 U.S.C. DATES: Registered bulk manufacturers of for the notice. 823(a), and in accordance with 21 CFR the affected basic classes, and 1301.33, the DEA has granted a applicants therefore, may file written Company FR docket Published registration as a bulk manufacturer to comments on or objections to the Navinta, LLC ...... 84 FR 5498 February 21, 2019. the above listed company. issuance of the proposed registration on Dated: June 3, 2019. or before August 12, 2019. The DEA has considered the factors in John J. Martin, ADDRESSES: Written comments should 21 U.S.C. 823(a) and determined that Assistant Administrator. be sent to: Drug Enforcement the registration of this registrant to [FR Doc. 2019–12504 Filed 6–12–19; 8:45 am] Administration, Attention: DEA Federal manufacture the applicable basic class BILLING CODE 4410–09–P Register Representative/DPW, 8701 of controlled substances is consistent Morrissette Drive, Springfield, Virginia with the public interest and with United 22152. States obligations under international DEPARTMENT OF JUSTICE treaties, conventions, or protocols in SUPPLEMENTARY INFORMATION: In effect on May 1, 1971. The DEA Drug Enforcement Administration accordance with 21 CFR 1301.33(a), this investigated the company’s maintenance [Docket No. DEA–392] is notice that on March 7, 2019, Sigma of effective controls against diversion by Aldrich Research, Biochemicals, Inc., inspecting and testing the company’s Bulk Manufacturer of Controlled 400–600 Summit Drive, Burlington, physical security systems, verifying the Substances Application: Sigma Aldrich Massachusetts 01803 applied to be company’s compliance with state and Research registered as a bulk manufacturer of the local laws, and reviewing the company’s following basic classes of controlled ACTION: Notice of application. background and history. substances:

Controlled substance Drug code Schedule

Cathinone ...... 1235 I Mephedrone (4-Methyl-N-methylcathinone) ...... 1248 I Lysergic acid diethylamide ...... 7315 I Tetrahydrocannabinols ...... 7370 I 3,4-Methylenedioxymethamphetamine ...... 7405 I Alpha-methyltryptamine ...... 7432 I Dimethyltryptamine ...... 7435 I 5-Methoxy-N,N-diisopropyltryptamine ...... 7439 I N-Benzylpiperazine ...... 7493 I 2-(2,5-Dimethoxyphenyl) ethanamine (2C-H) ...... 7517 I MDPV (3,4-Methylenedioxypyrovalerone) ...... 7535 I Methylone (3,4-Methylenedioxy-N-methylcathinone) ...... 7540 I Heroin ...... 9200 I Normorphine ...... 9313 I Norlevorphanol ...... 9634 I Amphetamine ...... 1100 II Nabilone ...... 7379 II Phencyclidine ...... 7471 II Cocaine ...... 9041 II Codeine ...... 9050 II Ecgonine ...... 9180 II Levorphanol ...... 9220 II Meperidine ...... 9230 II Methadone ...... 9250 II Morphine ...... 9300 II Thebaine ...... 9333 II Levo-alphacetylmethadol ...... 9648 II Noroxymorphone ...... 9668 II Remifentanil ...... 9739 II Sufentanil ...... 9740 II Carfentanil ...... 9743 II Fentanyl ...... 9801 II

The company plans to manufacture DEPARTMENT OF JUSTICE Government), issued an Order to Show reference standards. Cause (hereinafter, OSC) to Elizabeth C. Drug Enforcement Administration Dated: June 3, 2019. Korcz, M.D. (hereinafter, Respondent), who is registered in Hoover, Alabama. John J. Martin, [Docket No. 18–29] The OSC proposed to revoke Assistant Administrator. Elizabeth C. Korcz, M.D.; Decision and Respondent’s DEA Certificate of [FR Doc. 2019–12503 Filed 6–12–19; 8:45 am] Order Registration (hereinafter, COR) No. BILLING CODE 4410–09–P On March 28, 2018, the Assistant FK0505428, pursuant to 21 U.S.C. Administrator, Diversion Control §§ 823(f) and 824(a)(3), on the ground Division, Drug Enforcement that she does not have authority to Administration (hereinafter, DEA or handle controlled substances in

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Alabama, the State in which she is to the revocation of her DEA Respondent did not file any response registered with the DEA. OSC, at 1. registration’’ and requested that the to the Government’s MSD or evidence. With respect to the DEA’s hearing ‘‘be stayed pending the outcome Order Granting the Government’s jurisdiction, the OSC alleged that of the investigation.’’ Id. Motion for Summary Disposition and Respondent is registered with the DEA The Office of Administrative Law Recommended Rulings, Findings of as a practitioner authorized to handle Judges put the matter on the docket and Fact, Conclusions of Law, and Decision controlled substances in schedules II assigned it to Administrative Law Judge of the Administrative Law Judge dated through V under DEA COR No. Mark M. Dowd (hereinafter, ALJ). On June 6, 2018 (hereinafter, R.D.), at 3. FK0505428 at the registered address of May 3, 2018, the ALJ issued an Order The ALJ granted the MSD and 3421 S. Shades Crest Road, Suite 111, Directing the Filing of Government recommended that Respondent’s Hoover, Alabama 35244. Id. The OSC Evidence of Lack of State Authority registration be revoked. Id. at 6. The ALJ stated that Respondent’s registration Allegation and Briefing Schedule. determined: ‘‘At this juncture, no was current and not due to expire until On May 17, 2018, the Government dispute exists over the fact that the December 31, 2019. Id. filed a timely Motion for Summary Respondent currently lacks state Regarding the substantive grounds for Disposition (hereinafter, MSD) based on authority to handle controlled the proceeding, the OSC specifically Respondent’s lack of State authority to substances in Alabama due to the alleged that Respondent agreed to handle controlled substances. MSD, at voluntary surrender of her . . . [CSC] on voluntarily surrender her Alabama 1. The Government attached five August 23, 2017, and the Alabama State Controlled Substance Certificate documents to its MSD. The Government Board of Medical Examiner’s acceptance (hereinafter, CSC) No. ACSC.28343 attached a Certification of Registration of the Respondent’s voluntary surrender pending the resolution of an Status, dated April 12, 2018, with a on August 25, 2017.’’ Id. at 5–6. The ALJ investigation undertaken by the copy of DEA COR No. FK0505428. Id. at continued: ‘‘Because the Respondent Alabama State Board of Medical Att. 1. In addition, the Government lacks state authority at the present time, Examiners (hereinafter, State Board) attached a copy of Respondent’s . . . [DEA] precedent dictates that she is alleging Respondent dispensed voluntary surrender of her Alabama CSC not entitled to maintain her DEA controlled substances for no legitimate (hereinafter, Voluntary Surrender), registration.’’ Id. at 6. The ALJ purpose. Id. Furthermore, the OSC which was dated August 23, 2017. Id. at concluded: ‘‘Simply put, there is no alleged that the status of Respondent’s Att. 2. Further, the Government attached contested factual matter that could be CSC was listed as ‘‘inactive-failed to a copy of the Medical Licensure introduced at a hearing that would, in renew.’’ Id. at 2. The OSC stated: ‘‘[T]he Commission of Alabama’s Order on the Agency’s view, provide authority to DEA must revoke . . . [her] COR based Motion to Stay, which was dated August allow Respondent to continue to hold upon . . . [her] lack of authority to 25, 2017. Id. at Att. 3. Furthermore, the her DEA COR.’’ Id. The ALJ handle controlled substances in the Government attached a copy of recommended that Respondent’s State of Alabama.’’ Id., citing 21 U.S.C. Respondent’s License Details from the registration be revoked and that pending §§ 823(f) and 824(a)(3). State Board, which was printed on May applications for renewal be denied. Id. The OSC then notified Respondent of 7, 2018. Id. at Att. 4. Finally, the By letter dated July 3, 2018, the ALJ her right to request a hearing on the Government attached the Declaration of certified and transmitted the record to allegations, or to submit a written a DEA Diversion Investigator, which me for final Agency action. In that letter, statement in lieu of a hearing, the was dated May 8, 2018. Id. at Att. 5. the ALJ stated that no exceptions were procedure for doing either, and the According to the MSD, ‘‘DEA’s filed by either party. consequence for failing to elect either investigation reveals that Respondent I issue this Decision and Order based option. Id. at 2, citing 21 CFR 1301.43. has agreed to the voluntary surrender of on the entire record before me. 21 CFR It also notified her of her right to submit her Alabama . . . [CSC] pending § 1301.43(e). I make the following a corrective action plan in accordance resolution of a current investigation by findings of fact. with 21 U.S.C. 824(c)(2)(C). Id. at 2–3. the [State Board].’’ MSD, at 3. Findings of Fact By letter dated May 2, 2018, Furthermore, according to the MSD, 1 Respondent timely requested a hearing. Respondent’s License Details shows that Respondent’s DEA Registration Hearing Request (hereinafter, HR), at 1. ‘‘the status of the Respondent’s [CSC] is Respondent holds DEA COR No. According to the HR, ‘‘[Respondent’s] listed as ‘Inactive-Failed to Renew,’ and FK0505428, pursuant to which she is license to practice medicine and that [the CSC] expired on December 31, authorized to handle controlled prescribe controlled substances was 2017.’’ Id. Citing 21 U.S.C. 802(21), substances in schedules II through V as under review [by the State Board] when 823(f), and 824(a)(3), the Government a practitioner, at the registered address the United States Government raided argues that the DEA ‘‘cannot register or of 3421 S. Shades Crest Road, Suite 111, her practice and served her with a target maintain the registration of a Hoover, Alabama 35244. MSD, at Att. 1. letter.’’ Id. The HR continued: ‘‘In light practitioner not duly authorized to This registration is in an active pending of the federal investigation, . . . handle controlled substances in the status and expires on December 31, [Respondent] requested a stay of the state in which . . . [the practitioner] 2019. Id. [State Board’s] scheduled hearing. In conducts business.’’ Id. Furthermore, order for the Board to agree to a stay, the Government contends: ‘‘Respondent The Status of Respondent’s State they requested she voluntarily surrender is currently not authorized to handle License her ability to prescribe controlled controlled substances in the state in On August 23, 2017, Respondent substances. On advice of counsel, she which she currently holds a DEA COR.’’ voluntarily surrendered her Alabama voluntarily agreed.’’ Id. Furthermore, Id. at 4. Thus, according to the CSC after the State Board filed an Order the HR stated that Respondent ‘‘objects Government, Respondent is not to Show Cause whose allegations authorized to possess a DEA COR in include excessive dispensing of 1 Based on the undisputed evidence in the record controlled substances, dispensing regarding the date the OSC was served on Alabama unless she is authorized to Respondent, April 2, 2018, I find that Respondent dispense controlled substances in the controlled substances for no legitimate timely requested a hearing. State of Alabama. Id. at 3. medical purpose, and dispensing

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controlled substances in amounts not Marsh Blanton, M.D., 43 FR 27,616, Order reasonably related to the proper medical 27,617 (1978). Pursuant to 28 CFR § 0.100(b) and the management of patients’ illnesses or This rule derives from the text of two authority vested in me by 21 U.S.C. conditions. Id. at Att. 2. In her provisions of the CSA. First, Congress § 824(a), I order that DEA COR No. Voluntary Surrender, Respondent defined the term ‘‘practitioner’’ to mean FK0505428 issued to Elizabeth C. Korcz, stated: ‘‘I understand and acknowledge ‘‘a physician . . . or other person M.D., be, and it hereby is, revoked. I will have no authority to order, licensed, registered, or otherwise Pursuant to 28 CFR § 0.100(b) and the dispense, distribute, administer or permitted, by . . . the jurisdiction in authority vested in me by 21 U.S.C. prescribe controlled substances in the which [s]he practices . . ., to distribute, § 823(f), I further order that any pending state of Alabama.’’ Id. Thus, there is no dispense, . . . [or] administer . . . a application of Elizabeth C. Korcz, M.D., dispute that Respondent voluntarily controlled substance in the course of to renew or modify this registration, as surrendered her authority to handle professional practice.’’ 21 U.S.C. controlled substances in Alabama. well as any other pending application § 802(21). Second, in setting the by her for registration in the State of Further, as recorded by the State Board, requirements for obtaining a the status of Respondent’s CSC is Alabama be, and it hereby is, denied. practitioner’s registration, Congress This Order is effective July 15, 2019. ‘‘Inactive-Failed to Renew.’’ Id. at Att. 4. directed that ‘‘[t]he Attorney General Based on my review of the website of shall register practitioners . . . if the Dated: May 22, 2019. the State Board and the Medical applicant is authorized to dispense . . . Uttam Dhillon, Licensure Commission of Alabama, the controlled substances under the laws of Acting Administrator. status of Respondent’s CSC has not the State in which [s]he practices.’’ 21 [FR Doc. 2019–12506 Filed 6–12–19; 8:45 am] 2 changed. Alabama Board of Medical U.S.C. § 823(f). Because Congress has BILLING CODE 4410–09–P Examiners and Medical Licensure clearly mandated that a practitioner Commission of Alabama Online License possess State authority in order to be Verification, https:// deemed a practitioner under the CSA, DEPARTMENT OF JUSTICE abme.igovsolution.com/online/Lookups/ _ the DEA has held repeatedly that Individual Lookup.aspx (last visited revocation of a practitioner’s registration Drug Enforcement Administration May 22, 2019). is the appropriate sanction whenever a Accordingly, I find that Respondent practitioner is no longer authorized to [Docket No. DEA–392] currently is without authority to dispense controlled substances under dispense controlled substances in the laws of the State in which she Bulk Manufacturer of Controlled Alabama, the State in which she is practices. See, e.g., Hooper, supra, 76 Substances Application: Eli-Elsohly registered. FR at 71,371–72; Sheran Arden Yeates, Laboratories Discussion M.D., 71 FR 39,130, 39,131 (2006); ACTION: Notice of application. Pursuant to 21 U.S.C. 824(a)(3), the Dominick A. Ricci, M.D., 58 FR 51,104, 51,105 (1993); Bobby Watts, M.D., 53 FR Attorney General is authorized to DATES: Registered bulk manufacturers of 11,919, 11,920 (1988), Blanton, supra, suspend or revoke a registration issued the affected basic classes, and 43 FR at 27,617. under section 823 of the Controlled applicants therefore, may file written Substances Act (hereinafter, CSA), Here, the undisputed evidence in the comments on or objections to the ‘‘upon a finding that the registrant . . . record is that Respondent voluntarily issuance of the proposed registration on has had [her] State license or surrendered her Alabama CSC. The fact or before August 12, 2019. registration suspended . . . [or] revoked that Respondent may, some day, regain ADDRESSES: Written comments should . . . by competent State authority and is her State registration to dispense be sent to: Drug Enforcement no longer authorized by State law to controlled substances does not change Administration, Attention: DEA Federal engage in the . . . dispensing of the salient fact that Respondent is not Register Representative/DPW, 8701 controlled substances.’’ With respect to currently authorized to handle Morrissette Drive, Springfield, Virginia a practitioner, the DEA has long held controlled substances in the State in that the possession of authority to which she is registered. Mehdi 22152. dispense controlled substances under Nikparvarfard, M.D., 83 FR 14,503, SUPPLEMENTARY INFORMATION: In the laws of the State in which a 14,504 (2018). Respondent, therefore, is accordance with 21 CFR 1301.33(a), this practitioner engages in professional not eligible for a DEA COR. is notice that on March 14, 2019, Eli- practice is a fundamental condition for Accordingly, I will order that Elsohly Laboratories, Mahmoud A. obtaining and maintaining a Respondent’s DEA COR be revoked and Elsohly Ph.D., 5 Industrial Park Drive, practitioner’s registration. See, e.g., that any pending application for the Oxford, Mississippi 38655 applied to be James L. Hooper, M.D., 76 FR 71,371 renewal or modification of that COR be registered as a bulk manufacturer of the (2011), pet. for rev. denied, 481 Fed. denied. 21 U.S.C. §§ 823(f) and following basic classes of controlled Appx. 826 (4th Cir. 2012); Frederick 824(a)(3). substances:

Controlled substance Drug code Schedule

Marihuana Extract ...... 7350 I Marihuana ...... 7360 I

2 Under the Administrative Procedure Act, an agency decision rests on official notice of a material Any such motion shall be filed with the Office of agency ‘‘may take official notice of facts at any stage fact not appearing in the evidence in the record, a the Administrator and a copy shall be served on the in a proceeding—even in the final decision.’’ party is entitled, on timely request, to an Government; in the event Respondent files a United States Department of Justice, Attorney opportunity to show the contrary.’’ Accordingly, motion, the Government shall have 15 calendar General’s Manual on the Administrative Procedure Respondent may dispute my finding by filing a days to file a response. Act 80 (1947) (Wm. W. Gaunt & Sons, Inc., Reprint properly supported motion for reconsideration 1979). Pursuant to 5 U.S.C. § 556(e), ‘‘[w]hen an within 15 calendar days of the date of this Order.

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Controlled substance Drug code Schedule

Tetrahydrocannabinols ...... 7370 I Dihydromorphine ...... 9145 I Amphetamine ...... 1100 II Methamphetamine ...... 1105 II Cocaine ...... 9041 II Codeine ...... 9050 II Dihydrocodeine ...... 9120 II Oxycodone ...... 9143 II Hydromorphone ...... 9150 II Ecgonine ...... 9180 II Hydrocodone ...... 9193 II Morphine ...... 9300 II Thebaine ...... 9333 II Oxymorphone ...... 9652 II

The company plans to manufacture process. ACRS reviews do not normally to allow time for reproduction and the listed controlled substances for encompass matters pertaining to distribution. product development and reference environmental impacts other than those (b) Persons desiring to make oral standards. In reference to drug codes related to radiological safety. statements at the meeting should make 7360 (marihuana) and 7370 (THC), the The ACRS meetings are not a request to do so to the DFO; if company plans to isolate these adjudicatory hearings such as those possible, the request should be made 5 controlled substances from procured conducted by the NRC’s Atomic Safety days before the meeting, identifying the 7350 (marihuana extract). In reference to and Licensing Board Panel as part of the topic(s) on which oral statements will drug code 7360, no cultivation activities Commission’s licensing process. be made and the amount of time needed are authorized for this registration. No for presentation so that orderly other activities for these drug codes are General Rules Regarding ACRS Full arrangements can be made. The authorized for this registration. Committee Meetings Committee will hear oral statements on topics being reviewed at an appropriate Dated: June 3, 2019. An agenda will be published in the Federal Register for each full time during the meeting as scheduled by John J. Martin, the Chairman. Assistant Administrator. Committee meeting. There may be a need to make changes to the agenda to (c) Information regarding topics to be [FR Doc. 2019–12505 Filed 6–12–19; 8:45 am] facilitate the conduct of the meeting. discussed, changes to the agenda, BILLING CODE 4410–09–P The Chairman of the Committee is whether the meeting has been canceled empowered to conduct the meeting in a or rescheduled, and the time allotted to manner that, in his/her judgment, will present oral statements can be obtained NUCLEAR REGULATORY facilitate the orderly conduct of by contacting the DFO. (d) The use of still, motion picture, COMMISSION business, including making provisions and television cameras will be to continue the discussion of matters Advisory Committee on Reactor permitted at the discretion of the Safeguards; Procedures for Meetings not completed on the scheduled day on Chairman and subject to the condition another day of the same meeting. that the use of such equipment will not Background Persons planning to attend the meeting interfere with the conduct of the This notice describes procedures to be may contact the Designated Federal meeting. The DFO will have to be followed with respect to meetings Officer (DFO) specified in the Federal notified prior to the meeting and will conducted by the U.S. Nuclear Register notice prior to the meeting to authorize the use of such equipment Regulatory Commission’s (NRC’s) be advised of any changes to the agenda after consultation with the Chairman. Advisory Committee on Reactor that may have occurred. The use of such equipment will be Safeguards (ACRS) pursuant to the The following requirements shall restricted as is necessary to protect Federal Advisory Committee Act apply to public participation in ACRS proprietary or privileged information (FACA). These procedures are set forth Full Committee meetings: that may be in documents, folders, etc., so that they may be incorporated by (a) Persons who plan to submit in the meeting room. Electronic reference in future notices for written comments at the meeting should recordings will be permitted only individual meetings. provide 35 copies to the DFO at the during those portions of the meeting The ACRS is a statutory advisory beginning of the meeting. Persons who that are open to the public. Committee established by Congress to cannot attend the meeting, but wish to (e) A transcript will be kept for certain review and report on nuclear safety submit written comments regarding the open portions of the meeting and will be matters and applications for the agenda items may do so by sending a available in the NRC Public Document licensing of nuclear facilities. The readily reproducible copy addressed to Room (PDR), One White Flint North, Committee’s reports become a part of the DFO specified in the Federal Room O–1F21, 11555 Rockville Pike, the public record. Register notice, care of the Advisory Rockville, Maryland 20852–2738. A The ACRS meetings are conducted in Committee on Reactor Safeguards, U.S. copy of the certified minutes of the accordance with FACA; they are Nuclear Regulatory Commission, meeting will be available at the same normally open to the public and provide Washington, DC 20555–0001. location three months following the opportunities for oral or written Comments should be limited to items meeting. Copies may be obtained upon statements from members of the public being considered by the Committee. payment of appropriate reproduction to be considered as part of the Comments should be in the possession charges. ACRS meeting agendas, Committee’s information gathering of the DFO 5 days prior to the meeting transcripts, and letter reports are

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available at [email protected], or by calling prior to the meeting, as practicable. identified as abnormal occurrences the PDR at 1–800–397–4209, or from When Subcommittee meetings are held (AOs) during fiscal year (FY) 2018, Agencywide Documents Access and at locations other than at NRC facilities, based on the criteria defined in the Management System (ADAMS) which is reproduction facilities may not be report. The report describes eight events accessible from the NRC website at available at a reasonable cost. at Agreement State-licensed facilities http://www.nrc.gov/reading-rm/ Accordingly, 50 copies of the materials and three events at an NRC-licensed adams.html or http://www.nrc.gov/ to be used during the meeting should be facilities. reading-rm/doc-collections/ACRS/ provided for distribution at such DATES: NUREG–0090, Volume 41, is agenda/. meetings. available June 13, 2019. (f) Video teleconferencing service may ADDRESSES: be available for observing open sessions Special Provisions When Proprietary Please refer to Docket ID of ACRS meetings. Those wishing to use Sessions Are To Be Held NRC–2019–0124 when contacting the NRC about the availability of this service for observing ACRS If it is necessary to hold closed information regarding this document. meetings should contact the ACRS sessions for the purpose of discussing You may obtain publicly-available Audio Visual Office, telephone: 301– matters involving proprietary information related to this document 415–6702, between 7:30 a.m. and 3:45 information, persons with agreements p.m. Eastern Time at least 10 days using any of the following methods: permitting access to such information • Federal Rulemaking Website: Go to before the meeting to ensure the may attend those portions of the ACRS availability of this service. Individuals http://www.regulations.gov and search meetings where this material is being for Docket ID NRC–2019–0124. Address or organizations requesting this service discussed upon confirmation that such will be responsible for telephone line questions about NRC dockets to Jennifer agreements are effective and related to Borges; telephone: 301–287–9127; charges and for providing the the material being discussed. equipment and facilities that they use to email: [email protected]. For The DFO should be informed of such technical questions, contact the establish the video teleconferencing an agreement at least five working days individual listed in the FOR FURTHER link. The availability of video prior to the meeting so that it can be INFORMATION CONTACT section of this teleconferencing services is not confirmed and a determination can be guaranteed. document. made regarding the applicability of the • NRC’s Agencywide Documents ACRS Subcommittee Meetings agreement to the material that will be Access and Management System discussed during the meeting. The (ADAMS): You may obtain publicly- In accordance with FACA, the agency minimum information provided should is not required to apply the FACA available documents online in the include information regarding the date ADAMS Public Documents collection at requirements to meetings conducted by of the agreement, the scope of material the Subcommittees of the NRC Advisory http://www.nrc.gov/reading-rm/ included in the agreement, the project Committees if the Subcommittee’s adams.html. To begin the search, select or projects involved, and the names and recommendations would be ‘‘ADAMS Public Documents’’ and then titles of the persons signing the independently reviewed by its parent select ‘‘Begin Web-based ADAMS agreement. Additional information may Committee. Most, if not all, Search.’’ For problems with ADAMS, be requested to identify the specific Subcommittee meetings are held to please contact the NRC’s Public agreement involved. A copy of the conduct preparatory activities and work Document Room (PDR) reference staff at executed agreement should be provided that will be the subject of deliberations 1–800–397–4209, 301–415–4737, or by to the DFO prior to the beginning of the at a full Committee meeting. email to [email protected]. The In an effort to maintain transparency meeting for admittance to the closed ADAMS accession number for each of Subcommittee activities, the ACRS session. document referenced (if it is available in has chosen to conduct its Subcommittee Dated: June 7, 2019. ADAMS) is provided the first time that meetings in accordance with the Russell E. Chazell, it is mentioned in this document. • procedures noted above for ACRS Full Federal Advisory Committee Management NRC’s PDR: You may examine and Committee meetings, as appropriate and Officer, Office of the Secretary. purchase copies of public documents at with the exception noted below, to [FR Doc. 2019–12425 Filed 6–12–19; 8:45 am] the NRC’s PDR, Room O1–F21, One facilitate public participation, and to BILLING CODE 7590–01–P White Flint North, 11555 Rockville provide a forum for stakeholders to Pike, Rockville, Maryland 20852. express their views on regulatory FOR FURTHER INFORMATION CONTACT: matters being considered by the ACRS. NUCLEAR REGULATORY Vered Shaffer, Office of Nuclear One specific exception is that for COMMISSION Regulatory Research, U.S. Nuclear Subcommittee meetings not subject to Regulatory Commission, Washington, FACA, rather than publish an agenda in [NRC–2019–0124] DC 20555–0001; telephone: 630–829– the Federal Register, the ACRS will Report to Congress on Abnormal 9862, email: [email protected]. publish agendas of Subcommittee Occurrences; Fiscal Year 2018 SUPPLEMENTARY INFORMATION: meetings on the NRC public meeting Dissemination of Information schedule website and the ACRS public I. Discussion meeting website, which may be found at AGENCY: Nuclear Regulatory Section 208 of the Energy www.nrc.gov/pmns/mtg and Commission. Reorganization Act of 1974, as amended www.nrc.gov/reading-rm/doc- ACTION: NUREG; issuance. (Pub. L. 93–438), defines an ‘‘abnormal collections/acrs/agenda. Consistent occurrence’’ (AO) as an unscheduled with past practice for full Committee SUMMARY: The U.S. Nuclear Regulatory incident or event that the NRC and Subcommittee meetings, members Commission (NRC) is issuing NUREG– determines to be significant from the of the public who desire to provide 0090, Volume 41, ‘‘Report to Congress standpoint of public health or safety. written or oral input to the on Abnormal Occurrences: Fiscal Year The AO report, NUREG–0090, Volume Subcommittee may continue to do so 2018.’’ The report describes those events 41, ‘‘Report to Congress on Abnormal and should contact the DFO five days that the NRC or an Agreement State Occurrences: Fiscal Year 2018’’

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(ADAMS Accession No. ML19157A308), POSTAL REGULATORY COMMISSION the Postal Service’s request(s), if any, describes those events that the NRC can be accessed through compliance identified as AOs during FY 2018, based [Docket Nos. CP2018–290; MC2019–149 and with the requirements of 39 CFR CP2019–166; MC2019–150 and CP2019–167] on the criteria defined in Appendix A 3007.301.1 of the report. New Postal Products The Commission invites comments on The report describes three events whether the Postal Service’s request(s) AGENCY: Postal Regulatory Commission. involving NRC licensees that the agency in the captioned docket(s) are consistent identified as AOs in fiscal year (FY) ACTION: Notice. with the policies of title 39. For 2018 based on the criteria defined in request(s) that the Postal Service states SUMMARY: The Commission is noticing a Appendix A, ‘‘Abnormal Occurrence recent Postal Service filing for the concern market dominant product(s), Criteria and Guidelines for Other Events Commission’s consideration concerning applicable statutory and regulatory of Interest,’’ to the report. Two AOs negotiated service agreements. This requirements include 39 U.S.C. 3622, 39 were medical events as defined in title notice informs the public of the filing, U.S.C. 3642, 39 CFR part 3010, and 39 10 of the Code of Federal Regulations invites public comment, and takes other CFR part 3020, subpart B. For request(s) (10 CFR) part 35, ‘‘Medical Use of administrative steps. that the Postal Service states concern Byproduct Material.’’ The third AO competitive product(s), applicable DATES: Comments are due: June 17, event involved a category 2 source, as 2019. statutory and regulatory requirements defined in 10 CFR part 37, ‘‘Physical include 39 U.S.C. 3632, 39 U.S.C. 3633, Protection of Category 1 and Category 2 ADDRESSES: Submit comments 39 U.S.C. 3642, 39 CFR part 3015, and Quantities of Radioactive Material.’’ electronically via the Commission’s 39 CFR part 3020, subpart B. Comment During this reporting period, the NRC Filing Online system at http:// deadline(s) for each request appear in did not identify any events at www.prc.gov. Those who cannot submit section II. commercial nuclear power plants in the comments electronically should contact II. Docketed Proceeding(s) United States as AOs. The report also the person identified in the FOR FURTHER describes eight AOs that occurred in INFORMATION CONTACT section by telephone for advice on filing 1. Docket No(s).: CP2018–290; Filing Agreement States (AS) and that were alternatives. Title: USPS Notice of Amendment to identified as AOs during FY 2018 based Priority Mail Contract 463, Filed Under on the criteria defined in Appendix A. FOR FURTHER INFORMATION CONTACT: Seal; Filing Acceptance Date: June 7, Seven were medical events, as defined David A. Trissell, General Counsel, at 2019; Filing Authority: 39 CFR 3015.5; in 10 CFR part 35, and one event 202–789–6820. Public Representative: Christopher C. involved radiography operations. Of the SUPPLEMENTARY INFORMATION: Mohr; Comments Due: June 17, 2019. 11 AOs discussed in the report, one Table of Contents 2. Docket No(s).: MC2019–149 and occurred in FY 2017 but is included in CP2019–166; Filing Title: USPS Request this report because the NRC completed I. Introduction to Add Priority Mail Contract 532 to its evaluation of the event during FY II. Docketed Proceeding(s) Competitive Product List and Notice of 2018 once relevant information became I. Introduction Filing Materials Under Seal; Filing available. The Commission gives notice that the Acceptance Date: June 7, 2019; Filing Agreement States are the 38 U.S. Postal Service filed request(s) for the Authority: 39 U.S.C. 3642, 39 CFR States that currently have entered into Commission to consider matters related 3020.30 et seq., and 39 CFR 3015.5; formal agreements with the NRC to negotiated service agreement(s). The Public Representative: Christopher C. pursuant to Section 274 of the Atomic request(s) may propose the addition or Mohr; Comments Due: June 17, 2019. Energy Act of 1954, as amended (AEA), removal of a negotiated service 3. Docket No(s).: MC2019–150 and to regulate certain quantities of AEA- agreement from the market dominant or CP2019–167; Filing Title: USPS Request licensed material at facilities located the competitive product list, or the to Add Priority Mail & First-Class within their borders. modification of an existing product Package Service Contract 103 to The Federal Reports Elimination and currently appearing on the market dominant or the competitive product Competitive Product List and Notice of Sunset Act of 1995 (Pub. L. 104–68) list. Filing Materials Under Seal; Filing requires that AOs be reported to Section II identifies the docket Acceptance Date: June 7, 2019; Filing Congress annually. The full report, number(s) associated with each Postal Authority: 39 U.S.C. 3642, 39 CFR NUREG–0090, Volume 41, ‘‘Report to Service request, the title of each Postal 3020.30 et seq., and 39 CFR 3015.5; Congress on Abnormal Occurrences: Service request, the request’s acceptance Public Representative: Christopher C. Fiscal Year 2018,’’ is also available date, and the authority cited by the Mohr; Comments Due: June 17, 2019. electronically at the NRC’s website at Postal Service for each request. For each This Notice will be published in the http://www.nrc.gov/reading-rm/doc- request, the Commission appoints an Federal Register. collections/nuregs/staff/. officer of the Commission to represent Dated at Rockville, Maryland, on June 10, the interests of the general public in the Stacy L. Ruble, 2019. proceeding, pursuant to 39 U.S.C. 505 Secretary. For the Nuclear Regulatory Commission. (Public Representative). Section II also [FR Doc. 2019–12497 Filed 6–12–19; 8:45 am] establishes comment deadline(s) Annette L. Vietti-Cook, BILLING CODE 7710–FW–P pertaining to each request. Secretary of the Commission. The public portions of the Postal [FR Doc. 2019–12494 Filed 6–12–19; 8:45 am] 1 See Docket No. RM2018–3, Order Adopting Service’s request(s) can be accessed via Final Rules Relating to Non-Public Information, BILLING CODE 7590–01–P the Commission’s website (http:// June 27, 2018, Attachment A at 19–22 (Order No. www.prc.gov). Non-public portions of 4679).

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POSTAL SERVICE are available at www.prc.gov, Docket and discussed any comments it received Nos. MC2019–149, CP2019–166. on the proposed rule change. The text Product Change—Priority Mail and of those statements may be examined at First-Class Package Service Elizabeth Reed, the places specified in Item IV below. Negotiated Service Agreement Attorney, Corporate and Postal Business Law. The Exchange has prepared summaries, [FR Doc. 2019–12432 Filed 6–12–19; 8:45 am] set forth in sections A, B, and C below, AGENCY: Postal ServiceTM. BILLING CODE 7710–12–P of the most significant parts of such ACTION: Notice. statements. SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s SUMMARY: The Postal Service gives COMMISSION Statement of the Purpose of, and the notice of filing a request with the Postal Statutory Basis for, the Proposed Rule Regulatory Commission to add a [Release No. 34–86061; File No. SR– Change domestic shipping services contract to NYSEAMER–2019–22] 1. Purpose the list of Negotiated Service Agreements in the Mail Classification Self-Regulatory Organizations; NYSE The Exchange hereby proposes to Schedule’s Competitive Products List. American LLC; Notice of Filing and amend Commentary .02 to Rule 960NY, Immediate Effectiveness of Proposed to extend the time period of the Pilot DATES: Date of required notice: June 13, Rule Change To Amend Commentary Program, which is currently scheduled 2019. .02 to Rule 960NY in Order To Extend to expire on June 30, 2019, through FOR FURTHER INFORMATION CONTACT: the Penny Pilot in Options Classes in December 31. 2019.4 The Exchange Elizabeth Reed, 202–268–3179. Certain Issues believes that the proposed extension June 7, 2019. would allow for further analysis of the SUPPLEMENTARY INFORMATION: The Pilot Program and a determination of ® Pursuant to Section 19(b)(1) 1 of the United States Postal Service hereby how the Pilot Program should be gives notice that, pursuant to 39 U.S.C. Securities Exchange Act of 1934 (the 2 3 structured in the future. 3642 and 3632(b)(3), on June 7, 2019, it ‘‘Act’’) and Rule 19b–4 thereunder, This filing does not propose any filed with the Postal Regulatory notice is hereby given that on May 30, substantive changes to the Pilot Commission a USPS Request to Add 2019, NYSE American LLC (‘‘NYSE Program: All classes currently Priority Mail & First-Class Package American’’ or the ‘‘Exchange’’) filed participating will remain the same and Service Contract 103 to Competitive with the Securities and Exchange all minimum increments will remain Product List. Documents are available at Commission (the ‘‘Commission’’) the unchanged. The Exchange believes the www.prc.gov, Docket Nos. MC2019–150, proposed rule change as described in benefits to public customers and other CP2019–167. Items I and II below, which Items have market participants who will be able to been prepared by the self-regulatory express their true prices to buy and sell Elizabeth Reed, organization. The Commission is Attorney, Corporate and Postal Business Law. options have been demonstrated to publishing this notice to solicit outweigh the increase in quote traffic. [FR Doc. 2019–12433 Filed 6–12–19; 8:45 am] comments on the proposed rule change BILLING CODE 7710–12–P from interested persons. 2. Statutory Basis I. Self-Regulatory Organization’s The proposed rule change is consistent with Section 6(b) 5 of Act, in POSTAL SERVICE Statement of the Terms of Substance of the Proposed Rule Change general, and furthers the objectives of Section 6(b)(5),6 in particular, in that it Product Change—Priority Mail The Exchange proposes to amend Negotiated Service Agreement is designed to prevent fraudulent and Commentary .02 to Rule 960NY in order manipulative acts and practices, to to extend the Penny Pilot in options AGENCY: Postal ServiceTM. promote just and equitable principles of classes in certain issues (‘‘Pilot trade, to foster cooperation and ACTION: Notice. Program’’) previously approved by the coordination with persons engaged in Securities and Exchange Commission facilitating transactions in securities, SUMMARY: The Postal Service gives (‘‘Commission’’) through December 31, and to remove impediments to and notice of filing a request with the Postal 2019. The Pilot Program is currently perfect the mechanisms of a free and Regulatory Commission to add a scheduled to expire on June 30, 2019. open market and a national market domestic shipping services contract to The proposed rule change is available system. the list of Negotiated Service on the Exchange’s website at In particular, the proposed rule Agreements in the Mail Classification www.nyse.com, at the principal office of change, which extends the Penny Pilot Schedule’s Competitive Products List. the Exchange, and at the Commission’s Program for six months, allows the Public Reference Room. DATES: Date of required notice: June 13, Exchange to continue to participate in a 2019. II. Self-Regulatory Organization’s program that has been viewed as Statement of the Purpose of, and beneficial to traders, investors and FOR FURTHER INFORMATION CONTACT: Statutory Basis for, the Proposed Rule public customers and viewed as Elizabeth Reed, 202–268–3179. Change successful by the other options exchanges participating in it. SUPPLEMENTARY INFORMATION: The In its filing with the Commission, the United States Postal Service® hereby Accordingly, the Exchange believes that self-regulatory organization included the proposal is consistent with the Act gives notice that, pursuant to 39 U.S.C. statements concerning the purpose of, 3642 and 3632(b)(3), on June 7, 2019, it and basis for, the proposed rule change 4 See Securities and Exchange Act Release No. filed with the Postal Regulatory 84871 (December 19, 2018) 83 FR 66789 (December Commission a USPS Request to Add 1 15 U.S.C.78s(b)(1). 27, 2018) (SR–NYSE AMER–2018–57). Priority Mail Contract 532 to 2 15 U.S.C. 78a. 5 15 U.S.C. 78f(b). Competitive Product List. Documents 3 17 CFR 240.19b–4. 6 15 U.S.C. 78f(b)(5).

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because it would allow the Exchange to C. Self-Regulatory Organization’s Electronic Comments extend the Pilot Program prior to its Statement on Comments on the • expiration on June 30, 2019. The Proposed Rule Change Received From Use the Commission’s internet Exchange notes that this proposal does Members, Participants, or Others comment form (http://www.sec.gov/ not propose any new policies or rules/sro.shtml); or provisions that are unique or unproven, No written comments were solicited • Send an email to rule-comments@ but instead relates to the continuation of or received with respect to the proposed sec.gov. Please include File Number SR– an existing program that operates on a rule change. NYSEAMER–2019–22 on the subject pilot basis. III. Date of Effectiveness of the line. The Exchange believes that the Pilot Proposed Rule Change and Timing for Paper Comments Program promotes just and equitable Commission Action principles of trade by enabling public • Send paper comments in triplicate customers and other market participants The Exchange has filed the proposed to: Secretary, Securities and Exchange to express their true prices to buy and rule change pursuant to Section Commission, 100 F Street, NE, 7 sell options to the benefit of all market 19(b)(3)(A)(iii) of the Act and Rule Washington, DC 20549–1090. 8 participants. 19b–4(f)(6) thereunder. Because the proposed rule change does not: (i) All submissions should refer to File The proposal to extend the Pilot Significantly affect the protection of Number SR–NYSEAMER–2019–22. This file number should be included on the Program is designed to promote just and investors or the public interest; (ii) subject line if email is used. To help the equitable principles of trade, to foster impose any significant burden on Commission process and review your cooperation and coordination with competition; and (iii) become operative comments more efficiently, please use persons engaged in facilitating prior to 30 days from the date on which only one method. The Commission will transactions in securities, and to remove it was filed, or such shorter time as the impediments to and perfect the post all comments on the Commission’s Commission may designate, if internet website (http://www.sec.gov/ mechanisms of a free and open market consistent with the protection of and a national market system, by rules/sro.shtml). Copies of the investors and the public interest, the submission, all subsequent allowing the Exchange and the proposed rule change has become Commission additional time to analyze amendments, all written statements effective pursuant to Section 19(b)(3)(A) with respect to the proposed rule the impact of the Pilot Program while of the Act and Rule 19b–4(f)(6)(iii) change that are filed with the also allowing the Exchange to continue 9 thereunder. Commission, and all written to compete for order flow with other communications relating to the exchanges in option issues trading as At any time within 60 days of the proposed rule change between the part of the Pilot Program. filing of such proposed rule change, the Commission summarily may Commission and any person, other than B. Self-Regulatory Organization’s temporarily suspend such rule change if those that may be withheld from the Statement on Burden on Competition it appears to the Commission that such public in accordance with the action is necessary or appropriate in the provisions of 5 U.S.C. 552, will be The Exchange does not believe that public interest, for the protection of available for website viewing and the proposed rule change will impose investors, or otherwise in furtherance of printing in the Commission’s Public any burden on competition that is not the purposes of the Act. If the Reference Room, 100 F Street NE, necessary or appropriate in furtherance Commission takes such action, the Washington, DC 20549 on official business days between the hours of of the purposes of the Act. Specifically, Commission shall institute proceedings 10:00 a.m. and 3:00 p.m. Copies of the the Exchange believes that, by extending under Section 19(b)(2)(B) 10 of the Act to filing also will be available for the expiration of the Pilot Program, the determine whether the proposed rule proposed rule change will allow for inspection and copying at the principal change should be approved or office of the Exchange. All comments further analysis of the Pilot Program and disapproved. a determination of how this Program received will be posted without change. should be structured in the future. In IV. Solicitation of Comments Persons submitting comments are doing so, the proposed rule change will cautioned that we do not redact or edit also serve to promote regulatory clarity Interested persons are invited to personal identifying information from and consistency, thereby reducing submit written data, views, and comment submissions. You should submit only information that you wish burdens on the marketplace and arguments concerning the foregoing, to make available publicly. All facilitating investor protection. The including whether the proposed rule submissions should refer to File Pilot Program is an industry-wide change is consistent with the Act. Number SR–NYSEAMER–2019–22 and initiative supported by all other option Comments may be submitted by any of the following methods: should be submitted on or before July 5, exchanges. The Exchange believes that 2019. extending the Pilot Program will allow 7 for continued competition between 15 U.S.C. 78s(b)(3)(A)(iii). For the Commission, by the Division of 8 17 CFR 240.19b–4(f)(6). Exchange market participants trading Trading and Markets, pursuant to delegated 9 17 CFR 240.19b–4(f)(6)(iii). Rule 19b–4(f)(6)(iii) authority.11 similar products as their counterparts requires a self-regulatory organization to give the on other exchanges, while at the same Commission written notice of its intent to file the Eduardo A. Aleman, time allowing the Exchange to continue proposed rule change at least five business days Deputy Secretary. to compete for order flow with other prior to the date of filing of the proposed rule [FR Doc. 2019–12446 Filed 6–12–19; 8:45 am] change, or such shorter time as designated by the exchanges in option issues trading as Commission. The Commission notes that the BILLING CODE 8011–01–P part of the Pilot Program. Exchange satisfied this requirement. 10 15 U.S.C. 78s(b)(2)(B). 11 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE forth in sections A, B, and C below, of TPH Orientation and Qualification COMMISSION the most significant aspects of such Examination statements. [Release No. 34–86065; File No. SR–CBOE– The Exchange proposes to amend its 2019–029] A. Self-Regulatory Organization’s rule governing the Exchange’s Trading Statement of the Purpose of, and Permit Holder Orientation Program and Self-Regulatory Organizations; Cboe Statutory Basis for, the Proposed Rule Trading Permit Holder Qualification Exchange, Inc.; Notice of Filing and Change Exam. Rule 3.9(e) currently provides Immediate Effectiveness of a Proposed that any person applying pursuant to 1. Purpose Rule Change To Amend Its Rules paragraph (a) of Rule 3.9 to have an Relating to Registration of Trading The Exchange proposes to amend authorized trading function 7 is required Permit Holders certain rules relating to the registration to complete the Exchange’s Trading of its Trading Permit Holders (‘‘TPHs’’). Permit Holder Orientation Program June 7, 2019. (‘‘TPH Orientation’’) and to pass an Pursuant to Section 19(b)(1) of the Qualifications of TPHs Exchange Trading Permit Holder Securities Exchange Act of 1934 (the The Exchange first proposes to amend Qualification Exam (‘‘TPH Exam’’). The ‘‘Act’’),1 and Rule 19b–4 thereunder,2 its rules that set forth the qualifications Exchange proposes to eliminate in its notice is hereby given that on June 6, required to be an individual TPH or entirety the requirement to complete the 2019, Cboe Exchange, Inc. (the TPH organization. Particularly, Rule TPH Orientation and take the TPH ‘‘Exchange’’ or ‘‘Cboe Options’’) filed 3.2(b) currently provides, among other Exam. Particularly, the Exchange with the Securities and Exchange things, that an individual must be believes that the qualification Commission (the ‘‘Commission’’) the approved to engage in one or more of requirements under Exchange Rule 3.6A proposed rule change as described in the following enumerated trading adequately test TPH applicants’ Items I, and II, below, which Items have functions: (i) Market-Maker, (ii) Floor knowledge of the securities industry. been prepared by the Exchange. The Broker, (iii) Proprietary Trading Permit For example, all representative-level Exchange filed the proposal as a ‘‘non- Holder, (iv) DPM Designee, (v) FLEX applicants are now required to take the controversial’’ proposed rule change Appointed Market-Maker and (vi) FLEX Securities Industry Essentials pursuant to Section 19(b)(3)(A)(iii) of Qualified Market-Maker. Similarly, Rule Examination (‘‘SIE’’) which assesses the Act 3 and Rule 19b–4(f)(6) 3.3(b) provides, in relevant part that a basic product knowledge; the structure thereunder.4 The Commission is TPH organization must be approved to and function of the securities industry publishing this notice to solicit engage in one or more of the following markets, regulatory agencies and their comments on the proposed rule change trading functions: (i) TPH organization functions; and regulated and prohibited from interested persons. approved to transact business with the public, (ii) Clearing Trading Permit practices in addition to passing the I. Self-Regulatory Organization’s Holder, (iii) order service firm, (iv) appropriate qualification examination Statement of the Terms of Substance of Market-Maker; (v) Lead Market-Maker, (e.g., Series 57). Additionally, the the Proposed Rule Change (vi) Designated Primary Market-Maker, Exchange notes that all TPHs are subject Cboe Exchange, Inc. (the ‘‘Exchange’’ and (vii) Proprietary Trading Permit to continuing education requirements or ‘‘Cboe Options’’) proposes to amend Holder. under Rule 9.3A, which, among other its rules relating to registration of The Exchange proposes to eliminate things, requires each TPH and TPH Trading Permit Holders. The text of the subparagraph (b) of Rules 3.2 and 3.3. organization to maintain a continuing proposed rule change is provided in The Exchange does not believe it is and current education program for its Exhibit 5. necessary to enumerate in the manner covered registered persons to enhance The text of the proposed rule change that it has the trading functions for their securities knowledge, skills and is also available on the Exchange’s which a TPH may be approved to professionalism. As such, the Exchange website (http://www.cboe.com/ engage in, nor is it required to do so. believes requiring such individuals to AboutCBOE/ Indeed, the Exchange notes that other also attend a TPH Orientation and take CBOELegalRegulatoryHome.aspx), at Exchanges with similar rules governing a TPH Exam in order to participate on the Exchange’s Office of the Secretary, member qualifications do not include the Exchange is unnecessary and and at the Commission’s Public such a list, including its affiliate duplicative. The Exchange therefore Reference Room. Exchanges.5 The Exchange believes seeks to eliminate these requirements. eliminating the enumerated categories 2. Statutory Basis II. Self-Regulatory Organization’s from its rules provides the Exchange Statement of the Purpose of, and more flexibility in the future should The Exchange believes the proposed Statutory Basis for, the Proposed Rule additional registration capacities be rule change is consistent with the Change added or removed. In connection with Securities Exchange Act of 1934 (the In its filing with the Commission, the the proposed change, the Exchange also ‘‘Act’’) and the rules and regulations Exchange included statements proposes to eliminate cross references to thereunder applicable to the Exchange concerning the purpose of and basis for Rules 3.2(b) and 3.3(b).6 and, in particular, the requirements of the proposed rule change and discussed Section 6(b) of the Act.8 Specifically, any comments it received on the 5 See Rules of Cboe C2, Exchange, Inc., Cboe BZX the Exchange believes the proposed rule proposed rule change. The text of these Exchange, Inc., Cboe BYX Exchange, Inc., Cboe change is consistent with the Section EDGX Exchange, Inc. and Cboe EDGX Exchange, 6(b)(5) 9 requirements that the rules of statements may be examined at the Inc. See also e.g., Nasdaq PHLX LLC Rule 910 and places specified in Item IV below. The Nasdaq PHLX Rulebook generally. See also, NYSE Exchange has prepared summaries, set Arca LLC Rules 2.2, 2.3 and NYSE Arca Rulebook 7 Currently, Floor Brokers, Market-Makers (which generally. includes DPM Designees, FLEX Appointed Market- 6 Makers and FLEX Qualified Market-Makers), and 1 The Exchange notes that Rule 3.10 references 15 U.S.C. 78s(b)(1). Rule 3.3(c) instead of Rule 3.3(b). The Exchange Proprietary Traders applying pursuant to Rule 3.9 2 17 CFR 240.19b–4. notes it inadvertently failed to update the reference are subject to the TPH Orientation and TPH Exam. 3 15 U.S.C. 78s(b)(3)(A)(iii). and that indeed, subparagraph (c) of Rule 3.3 no 8 15 U.S.C. 78f(b). 4 17 CFR 240.19b–4(f)(6). longer exists. 9 15 U.S.C. 78f(b)(5).

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an exchange be designed to prevent promote just and equitable principles of that it believes the proposed changes fraudulent and manipulative acts and trade. Moreover, the Exchange believes will reduce the regulatory burden practices, to promote just and equitable the prescribed qualification exams placed on market participants engaged principles of trade, to foster cooperation required under Rule 3.6A align with the in trading activities by eliminating a and coordination with persons engaged various trading functions and associated redundant and unnecessary exam. in regulating, clearing, settling, tasks that would be performed by a TPH Indeed, the proposed rule change will processing information with respect to, applicant currently subject to the TPH provide further harmonization of and facilitating transactions in Exam and tests knowledge of the most registration requirements across various securities, to remove impediments to current laws, rules, regulations and markets, including its affiliates, which and perfect the mechanism of a free and skills relevant to the respective will reduce burdens on competition by open market and a national market functions and associated tasks. The removing impediments to participation system, and, in general, to protect Exchange therefore believes that any in the national market system and investors and the public interest. In TPH applicant that can satisfy such promoting competition among addition, the Exchange believes that the requirements has demonstrated that he participants across the multiple national proposed rule change is consistent with or she has attained a sufficient level of securities exchanges. Section 6(c)(3)(B) of the Act,10 which competence and knowledge to authorizes exchanges to prescribe participate on the Exchange. In sum, the C. Self-Regulatory Organization’s standards of training, experience and Exchange has determined that the Statement on Comments on the competence for persons associated with requisite knowledge necessary to Proposed Rule Change Received From exchange members, and gives exchanges participate on the Exchange can be Members, Participants, or Others the authority to bar a natural person assessed adequately by the qualification The Exchange neither solicited nor from becoming a member or a person examinations prescribed under Rule received comments on the proposed associated with a member, if the person 3.6A and that a TPH Orientation and rule change. does not meet the standards of training, Exam requirement provides no material experience and competence prescribed improvements to the qualification III. Date of Effectiveness of the in the rules of the exchange. process. Accordingly, the Exchange Proposed Rule Change and Timing for In particular, the Exchange believes believes requiring such individuals to Commission Action eliminating from its rules a list of also complete the TPH Orientation and trading functions individual TPHs and take the TPH Exam is redundant and Because the foregoing proposed rule TPH organizations may be approved to unnecessary. Furthermore, the Exchange change does not: engage in is not a substantive change as believes that it is in the interests of all (i) Significantly affect the protection it does not affect any rights or market participants to provide of investors or the public interest; obligations of TPHs. Rather, the consistent qualification and registration (ii) impose any significant burden on Exchange merely no longer wishes to requirements across markets and notes competition; and maintain Rules 3.2(b) and 3.3(b) and that its affiliated markets do not have (iii) become operative for 30 days notes it is not required to do so. As any exchange-specific testing from the date on which it was filed, or noted above, several other Exchanges requirements. The Exchange lastly notes such shorter time as the Commission similarly do not maintain any that there is no requirement to develop may designate, it has become effective provisions similar to current Rules or maintain an exchange-developed test pursuant to Section 19(b)(3)(A) of the 3.2(b) and 3.3(b), including its affiliate for member applicants. 11 12 Exchanges. Accordingly, the proposed Act and Rule 19b–4(f)(6) rule change will also provide further B. Self-Regulatory Organization’s thereunder. At any time within 60 days harmonization across its affiliated Statement on Burden on Competition of the filing of the proposed rule change, exchanges with respect to its The Exchange does not believe that the Commission summarily may registration rules, which may alleviate the proposed rule change will impose temporarily suspend such rule change if potential confusion. any burden on competition that is not it appears to the Commission that such Next, the Exchange notes that under necessary or appropriate in furtherance action is necessary or appropriate in the Section 6(c)(3)(B) of the Act, the of the purposes of the Act. Particularly, public interest, for the protection of Exchange is authorized to prescribe the Exchange does not believe that the investors, or otherwise in furtherance of standards of training, experience and proposed rule change will impose any the purposes of the Act. If the competence for persons associated with burden on intramarket competition that Commission takes such action, the exchange members. The Exchange is not necessary or appropriate in Commission shall institute proceedings believes the standards of training, furtherance of the purposes of the Act under Section 19(b)(2)(B) 13 of the Act to experience and competence it has because the proposed changes apply to determine whether the proposed rule prescribed under its rules, not including all TPH applicants. The Exchange does change should be approved or the TPH Orientation and Exam are, on not believe that the proposed rule disapproved. their own, an adequate prescription of change will impose any burden on IV. Solicitation of Comments training, experience and competence. intermarket competition that is not Indeed, the Exchange believes the necessary or appropriate in furtherance Interested persons are invited to requirements related to training, of the purposes of the Act because the submit written data, views, and experience and competence currently proposed change only affects those arguments concerning the foregoing, set forth under rules 3.6A, along with applying for membership to Cboe including whether the proposed rule continuing education requirements set Options. To the extent that the proposed change is consistent with the Act. forth under Rule 9.3A, are designed to change makes Cboe Options a more Comments may be submitted by any of help ensure professionalism among attractive marketplace for market the following methods: market participants, prevent fraudulent participants at other exchanges, such and manipulative practices, and market participants are welcome to 11 15 U.S.C. 78s(b)(3)(A). become Cboe Options market 12 17 CFR 240.19b–4(f)(6). 10 15 U.S.C. 78f(c)(3)(B). participants. Lastly, the Exchange notes 13 15 U.S.C. 78s(b)(2)(B).

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Electronic Comments SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s Statement of the Purpose of, and the • COMMISSION Use the Commission’s internet Statutory Basis for, the Proposed Rule comment form (http://www.sec.gov/ [Release No. 34–86062; File No. SR– Change rules/sro.shtml); or NYSEARCA–2019–41] 1. Purpose • Send an email to rule-comments@ sec.gov. Please include File Number SR– Self-Regulatory Organizations; NYSE The Exchange hereby proposes to CBOE–2019–029 on the subject line. Arca, Inc.; Notice of Filing and amend Commentary .02 to Rule 6.72–O Immediate Effectiveness of Proposed to extend the time period of the Pilot Paper Comments Rule Change To Amend Commentary Program,4 which is currently scheduled .02 to Rule 6.72–O in Order To Extend to expire on June 30, 2019, through • Send paper comments in triplicate the Penny Pilot in Options Classes in December 31. 2019. The Exchange to the Secretary, Securities and Certain Issues believes that the proposed extension Exchange Commission, 100 F Street NE, would allow for further analysis of the Washington, DC 20549–1090. June 7, 2019. Pilot Program and a determination of how the Pilot Program should be All submissions should refer to File Pursuant to Section 19(b)(1) 1 of the structured in the future. Number SR–CBOE–2019–029. This file Securities Exchange Act of 1934 (the ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 This filing does not propose any number should be included on the substantive changes to the Pilot subject line if email is used. To help the notice is hereby given that, on May 30, 2019, NYSE Arca, Inc. (‘‘NYSE Arca’’ or Program: All classes currently Commission process and review your participating will remain the same and comments more efficiently, please use the ‘‘Exchange’’) filed with the Securities and Exchange Commission all minimum increments will remain only one method. The Commission will unchanged. The Exchange believes the (the ‘‘Commission’’) the proposed rule post all comments on the Commission’s benefits to public customers and other change as described in Items I and II internet website (http://www.sec.gov/ market participants who will be able to below, which Items have been prepared rules/sro.shtml). Copies of the express their true prices to buy and sell by the self-regulatory organization. The submission, all subsequent options have been demonstrated to Commission is publishing this notice to outweigh the increase in quote traffic. amendments, all written statements solicit comments on the proposed rule with respect to the proposed rule change from interested persons. 2. Statutory Basis change that are filed with the Commission, and all written I. Self-Regulatory Organization’s The proposed rule change is consistent with Section 6(b) 5 of the Act, communications relating to the Statement of the Terms of Substance of in general, and furthers the objectives of proposed rule change between the the Proposed Rule Change Section 6(b)(5),6 in particular, in that it Commission and any person, other than The Exchange proposes to amend is designed to prevent fraudulent and those that may be withheld from the Commentary .02 to Rule 6.72–O in order manipulative acts and practices, to public in accordance with the to extend the Penny Pilot in options promote just and equitable principles of provisions of 5 U.S.C. 552, will be classes in certain issues (‘‘Pilot trade, to foster cooperation and available for website viewing and Program’’) previously approved by the coordination with persons engaged in printing in the Commission’s Public Securities and Exchange Commission facilitating transactions in securities, Reference Room, 100 F Street NE, (‘‘Commission’’) through December 31, and to remove impediments to and Washington, DC 20549, on official 2019. The Pilot Program is currently perfect the mechanisms of a free and business days between the hours of scheduled to expire on June 30, 2019. open market and a national market 10:00 a.m. and 3:00 p.m. Copies of the The proposed rule change is available system. filing also will be available for on the Exchange’s website at In particular, the proposed rule inspection and copying at the principal www.nyse.com, at the principal office of change, which extends the Penny Pilot office of the Exchange. All comments the Exchange, and at the Commission’s Program for six months, allows the received will be posted without change. Public Reference Room. Exchange to continue to participate in a program that has been viewed as Persons submitting comments are II. Self-Regulatory Organization’s cautioned that we do not redact or edit beneficial to traders, investors and Statement of the Purpose of, and public customers and viewed as personal identifying information from Statutory Basis for, the Proposed Rule successful by the other options comment submissions. You should Change exchanges participating in it. submit only information that you wish In its filing with the Commission, the Accordingly, the Exchange believes that to make available publicly. All the proposal is consistent with the Act submissions should refer to File self-regulatory organization included statements concerning the purpose of, because it would allow the Exchange to Number SR–CBOE–2019–029 and extend the Pilot Program prior to its should be submitted on or before July 5, and basis for, the proposed rule change and discussed any comments it received expiration on June 30, 2019. The 2019. on the proposed rule change. The text Exchange notes that this proposal does For the Commission, by the Division of of those statements may be examined at not propose any new policies or Trading and Markets, pursuant to delegated the places specified in Item IV below. provisions that are unique or unproven, authority.14 The Exchange has prepared summaries, but instead relates to the continuation of Eduardo A. Aleman, set forth in sections A, B, and C below, an existing program that operates on a pilot basis. Deputy Secretary. of the most significant parts of such statements. [FR Doc. 2019–12450 Filed 6–12–19; 8:45 am] 4 See Exchange Act Release No. 84873 (December BILLING CODE 8011–01–P 19, 2018) 83 FR 66798 (December 27, 2018) (SR– 1 15 U.S.C.78s(b)(1). NYSEArca–2018–96). 2 15 U.S.C. 78a. 5 15 U.S.C. 78f(b). 14 17 CFR 200.30–3(a)(12). 3 17 CFR 240.19b–4. 6 15 U.S.C. 78f(b)(5).

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The Exchange believes that the Pilot 19(b)(3)(A)(iii) of the Act 7 and Rule Commission process and review your Program promotes just and equitable 19b–4(f)(6) thereunder.8 Because the comments more efficiently, please use principles of trade by enabling public proposed rule change does not: (i) only one method. The Commission will customers and other market participants Significantly affect the protection of post all comments on the Commission’s to express their true prices to buy and investors or the public interest; (ii) internet website (http://www.sec.gov/ sell options to the benefit of all market impose any significant burden on rules/sro.shtml). Copies of the participants. competition; and (iii) become operative submission, all subsequent The proposal to extend the Pilot prior to 30 days from the date on which amendments, all written statements Program is designed to promote just and it was filed, or such shorter time as the with respect to the proposed rule equitable principles of trade, to foster Commission may designate, if change that are filed with the cooperation and coordination with consistent with the protection of Commission, and all written persons engaged in facilitating investors and the public interest, the communications relating to the transactions in securities, and to remove proposed rule change has become proposed rule change between the impediments to and perfect the effective pursuant to Section 19(b)(3)(A) Commission and any person, other than mechanisms of a free and open market of the Act and Rule 19b–4(f)(6)(iii) those that may be withheld from the and a national market system, by thereunder.9 public in accordance with the allowing the Exchange and the At any time within 60 days of the provisions of 5 U.S.C. 552, will be Commission additional time to analyze filing of such proposed rule change, the available for website viewing and the impact of the Pilot Program while Commission summarily may printing in the Commission’s Public also allowing the Exchange to continue temporarily suspend such rule change if Reference Room, 100 F Street NE, to compete for order flow with other it appears to the Commission that such Washington, DC 20549 on official exchanges in option issues trading as action is necessary or appropriate in the business days between the hours of part of the Pilot Program. public interest, for the protection of 10:00 a.m. and 3:00 p.m. Copies of the investors, or otherwise in furtherance of filing also will be available for B. Self-Regulatory Organization’s the purposes of the Act. If the inspection and copying at the principal Statement on Burden on Competition Commission takes such action, the office of the Exchange. All comments Commission shall institute proceedings received will be posted without change. The Exchange does not believe that 10 the proposed rule change will impose under Section 19(b)(2)(B) of the Act to Persons submitting comments are any burden on competition that is not determine whether the proposed rule cautioned that we do not redact or edit necessary or appropriate in furtherance change should be approved or personal identifying information from of the purposes of the Act. Specifically, disapproved. comment submissions. You should the Exchange believes that, by extending IV. Solicitation of Comments submit only information that you wish the expiration of the Pilot Program, the Interested persons are invited to to make available publicly. All proposed rule change will allow for submit written data, views, and submissions should refer to File further analysis of the Pilot Program and arguments concerning the foregoing, Number SR–NYSEARCA–2019–41 and a determination of how this Program including whether the proposed rule should be submitted on or before July 5, should be structured in the future. In change is consistent with the Act. 2019. doing so, the proposed rule change will Comments may be submitted by any of For the Commission, by the Division of also serve to promote regulatory clarity the following methods: Trading and Markets, pursuant to delegated and consistency, thereby reducing authority.11 burdens on the marketplace and Electronic Comments Eduardo A. Aleman, facilitating investor protection. The • Use the Commission’s internet Deputy Secretary. Pilot Program is an industry-wide comment form (http://www.sec.gov/ [FR Doc. 2019–12447 Filed 6–12–19; 8:45 am] initiative supported by all other option rules/sro.shtml); or BILLING CODE 8011–01–P exchanges. The Exchange believes that • Send an email to rule-comments@ extending the Pilot Program will allow sec.gov. Please include File Number SR– for continued competition between NYSEARCA–2019–41 on the subject SECURITIES AND EXCHANGE Exchange market participants trading line. COMMISSION similar products as their counterparts Paper Comments on other exchanges, while at the same Proposed Collection; Comment • time allowing the Exchange to continue Send paper comments in triplicate Request to compete for order flow with other to: Secretary, Securities and Exchange exchanges in option issues trading as Commission, 100 F Street NE, Upon Written Request Copies Available part of the Pilot Program. Washington, DC 20549–1090. From: Securities and Exchange All submissions should refer to File Commission, Office of FOIA Services, C. Self-Regulatory Organization’s Number SR–NYSEARCA–2019–41. This 100 F Street NE, Washington, DC Statement on Comments on the file number should be included on the 20549–2736 Proposed Rule Change Received From subject line if email is used. To help the Ombudsman Matter Management System Members, Participants, or Others OMB Control No. 3235–0748, SEC File No. No written comments were solicited 7 15 U.S.C. 78s(b)(3)(A)(iii). 270–797 8 or received with respect to the proposed 17 CFR 240.19b–4(f)(6). Notice is hereby given that, pursuant rule change. 9 15 U.S.C. 78s(b)(3)(A)(iii). Rule 19b–4(f)(6)(iii) requires a self-regulatory organization to give the to the Paperwork Reduction Act of 1995 III. Date of Effectiveness of the Commission written notice of its intent to file the (44 U.S.C. 3501 et seq.), the Securities Proposed Rule Change and Timing for proposed rule change at least five business days and Exchange Commission prior to the date of filing of the proposed rule (‘‘Commission’’ or ‘‘SEC’’) is soliciting Commission Action change, or such shorter time as designated by the Commission. The Commission notes that the comments on the collection of The Exchange has filed the proposed Exchange satisfied this requirement. rule change pursuant to Section 10 15 U.S.C. 78s(b)(2)(B). 11 17 CFR 200.30–3(a)(12).

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information summarized below. The submission = 275 burden hours. The PLACE: The meeting will be held at the Commission plans to submit this estimates of average burden hours are Commission’s headquarters, 100 F renewal request for the collection of made solely for the purposes of the Street NE, Washington, DC 20549. information to the Office of Paperwork Reduction Act and are not STATUS: This meeting will be closed to Management and Budget for approval. derived from a comprehensive or even the public. In 2016, at the time of the original representative survey or study of the MATTERS TO BE CONSIDERED: request for the collection of information, cost of Commission rules and forms. Commissioners, Counsel to the members of the public who contacted The total estimated one-time cost to Commissioners, the Secretary to the the Ombudsman for assistance did so by the federal government of creating Commission, and recording secretaries traditional mail, electronic mail, OMMS and the OMMS Form was will attend the closed meeting. Certain telephone, and facsimile. To make it $400,000. During the three-year period staff members who have an interest in easier for retail investors and others to covered by our prior Paperwork the matters also may be present. contact the Ombudsman electronically, Reduction Act submission in 2016, the In the event that the time, date, or the Commission developed the startup costs were fully expensed and location of this meeting changes, an Ombudsman Matter Management are therefore not included in the announcement of the change, along with System (‘‘OMMS’’), a new, electronic calculation for this renewal. the new time, date, and/or place of the data collection system for the receipt, An agency may not conduct or meeting will be posted on the collection and analysis of inquiries, Commission’s website at https:// complaints, and recommendations from sponsor a collection of information unless it displays a currently valid www.sec.gov. retail investors directed to the SEC The General Counsel of the Ombudsman and the Office of the control number. No person shall be subject to any penalty for failing to Commission, or his designee, has Investor Advocate. The Commission certified that, in his opinion, one or invites comment on OMMS. comply with a collection of information subject to the PRA that does not display more of the exemptions set forth in 5 OMMS was launched for internal use U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) by SEC staff in 2017. Through OMMS, a valid Office of Management and and (10) and 17 CFR 200.402(a)(3), members of the public may request Budget control number. (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and assistance from the Ombudsman and Written comments are invited on all (a)(10), permit consideration of the staff using a web-based form (the aspects of this proposed information scheduled matters at the closed meeting. ‘‘OMMS Form’’) tailored to gather collection renewal request, in particular: The subject matter of the closed information about matters within the (a) Whether this collection of meeting will consist of the following scope of the Ombudsman’s function and information is necessary for the proper topic: streamline the inquiry and response performance of the functions of the Institution and settlement of process. The OMMS Form, which was agency, including whether the administrative proceedings. made available to the public for use in information will have practical utility; At times, changes in Commission September 2017, facilitates (b) the accuracy of the agency’s estimate priorities require alterations in the communication with the Ombudsman of the burden imposed by the collection scheduling of meeting agenda items that via an electronic series of basic of information; (c) ways to enhance the may consist of adjudicatory, questions with user-friendly and quality, utility, and clarity of the examination, litigation, or regulatory mobile-friendly response features such information collected; and (d) ways to matters. as radio buttons, drop-down menu minimize the burden of the collection of CONTACT PERSON FOR MORE INFORMATION: responses, pop-up explanation bubbles, information on users, including through For further information; please contact web page links, fillable narrative text the use of automated collection Vanessa A. Countryman from the Office fields, and document upload options. In techniques or other forms of information of the Secretary at (202) 551–5400. addition, the OMMS Form incorporates technology. Dated: June 10, 2019. functionality that, depending upon Consideration will be given to Vanessa A. Countryman, certain responses, pre-populates specific comments and suggestions submitted in fields, and prompts the user to provide writing within 60 days of this Acting Secretary. additional information. By eliciting publication. Please direct your written [FR Doc. 2019–12551 Filed 6–11–19; 11:15 am] specific information from the user, the comments to Charles Riddle, Acting BILLING CODE 8011–01–P OMMS Form facilitates communication Chief Information Officer, Securities between the user and the Ombudsman, and Exchange Commission, c/o Candace reduces response and resolution times, SECURITIES AND EXCHANGE Kenner, 100 F Street NE, Washington, and maximizes Ombudsman staff COMMISSION DC 20549; or send an email to: PRA_ resources available for recording, [email protected]. [Release No. 34–86068; File No. SR– processing, and responding to matters. CboeEDGX–2019–009] The requested information collection is Dated: June 10, 2019. voluntary and does not change the Eduardo A. Aleman, Self-Regulatory Organizations; Cboe contact methods currently available. Deputy Secretary. EDGX Exchange, Inc.; Notice of The OMMS Form is publicly available [FR Doc. 2019–12515 Filed 6–12–19; 8:45 am] Withdrawal of Proposed Rule Change, through the Commission’s website, BILLING CODE 8011–01–P as Modified by Amendment No. 1, To https://www.sec.gov. Adopt Rule 21.21 (Solicitation Auction The Commission estimates that the Mechanism) total reporting burden for using the SECURITIES AND EXCHANGE OMMS Form will be 275 hours. The COMMISSION June 7, 2019. calculation of this estimate depends on On February 21, 2019, Cboe EDGX how many members of the public use Sunshine Act Meetings Exchange, Inc. (the ‘‘Exchange’’) filed the form each year and the estimated with the Securities and Exchange time it takes to complete the form: 550 TIME AND DATE: 10:30 a.m. on Monday, Commission (‘‘Commission’’), pursuant respondents × 30 minutes per June 17, 2019. to Section 19(b)(1) of the Securities

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Exchange Act of 1934 1 and Rule 19b– ‘‘Exchange’’) filed with the Securities SECURITIES AND EXCHANGE 4 thereunder,2 a proposed rule change and Exchange Commission COMMISSION to adopt Rule 21.21, the Solicitation (‘‘Commission’’), pursuant to Section Auction Mechanism, a solicited order 19(b)(1) of the Securities Exchange Act [Release No. 34–86063; File No. SR–GEMX– 1 mechanism for larger-sized orders. The of 1934 (‘‘Act’’) and Rule 19b–4 2019–06] proposed rule change was published for thereunder,2 a proposed rule change to comment in the Federal Register on adopt a new initial listing requirement Self-Regulatory Organizations; Nasdaq March 12, 2019.3 On April 23, 2019, the for any company applying to list on the GEMX, LLC; Notice of Filing and Exchange filed Amendment No. 1 to the Exchange in connection with an offering Immediate Effectiveness of a Proposed 3 proposed rule change.4 On April 26, under Regulation A of the Securities Rule Change To Amend Its Rules 4 2019, pursuant to Section 19(b)(2) of the Act of 1933. The proposed rule change Governing the Give Up of a Clearing Act,5 the Commission designated a was published for comment in the 5 Member by a Member on Exchange longer period within which to approve Federal Register on April 24, 2019. Transactions the proposed rule change, disapprove The Commission received one comment the proposed rule change, or institute on the proposed rule change.6 June 7, 2019. Section 19(b)(2) of the Act 7 provides proceedings to determine whether to Pursuant to Section 19(b)(1) of the approve or disapprove the proposed that, within 45 days of the publication Securities Exchange Act of 1934 rule change.6 The Commission received of the notice of the filing of a proposed (‘‘Act’’),1 and Rule 19b–4 thereunder,2 no comments on the proposal. On June rule change, or within such longer notice is hereby given that on May 24, 7, 2019, the Exchange withdrew the period up to 90 days as the Commission 2019, Nasdaq GEMX, LLC (‘‘GEMX’’ or proposed rule change (SR–CboeEDGX– may designate if it finds such longer ‘‘Exchange’’) filed with the Securities 2019–009). period to be appropriate and publishes its reasons for so finding or as to which and Exchange Commission (‘‘SEC’’ or For the Commission, by the Division of the self-regulatory organization ‘‘Commission’’) the proposed rule Trading and Markets, pursuant to delegated change as described in Items I, II, and authority.7 consents, the Commission shall approve III, below, which Items have been Eduardo A. Aleman, the proposed rule change, disapprove the proposed rule change, or institute prepared by the Exchange. The Deputy Secretary. proceedings to determine whether the Commission is publishing this notice to [FR Doc. 2019–12453 Filed 6–12–19; 8:45 am] proposed rule change should be solicit comments on the proposed rule BILLING CODE 8011–01–P disapproved. The 45th day after change from interested persons. publication of the notice for this I. Self-Regulatory Organization’s proposed rule change is June 8, 2019. SECURITIES AND EXCHANGE Statement of the Terms of Substance of The Commission is extending this 45- COMMISSION day time period. the Proposed Rule Change [Release No. 34–86067; File No. SR– The Commission finds that it is The Exchange proposes to amend its NASDAQ–2019–017] appropriate to designate a longer period rules governing the give up of a Clearing within which to take action on the 3 Self-Regulatory Organizations; The Member by a Member on Exchange proposed rule change so that it has transactions. Nasdaq Stock Market LLC; Notice of sufficient time to consider the proposed Designation of Longer Period for rule change. Accordingly, the The text of the proposed rule change Commission Action on a Proposed Commission, pursuant to Section is available on the Exchange’s website at Rule Change To Adopt Additional 19(b)(2) of the Act,8 designates July 23, http://nasdaqgemx.cchwallstreet.com/, Requirements for Listings in 2019, as the date by which the at the principal office of the Exchange, Connection With an Offering Under Commission should approve, and at the Commission’s Public Regulation A of the Securities Act disapprove, or institute proceedings to Reference Room. June 7, 2019. determine whether to disapprove the II. Self-Regulatory Organization’s On April 5, 2019, The Nasdaq Stock proposed rule change (File No. SR– Statement of the Purpose of, and Market LLC (‘‘Nasdaq’’ or the NASDAQ–2019–017). Statutory Basis for, the Proposed Rule For the Commission, by the Division of Change 1 15 U.S.C. 78s(b)(1). Trading and Markets, pursuant to delegated 2 17 CFR 240.19b–4. authority.9 In its filing with the Commission, the 3 See Securities Exchange Act Release No. 85253 Eduardo A. Aleman, Exchange included statements (March 6, 2019), 84 FR 8921. Deputy Secretary. concerning the purpose of and basis for 4 Amendment No. 1 revised the proposal to (1) the proposed rule change and discussed correct minor technical errors in the description of [FR Doc. 2019–12452 Filed 6–12–19; 8:45 am] the proposed rule change; (2) remove an inadvertent BILLING CODE 8011–01–P any comments it received on the description of an amendment to Exchange Rule proposed rule change. The text of these 22.12, which the Exchange does not propose to 1 15 U.S.C. 78s(b)(1). statements may be examined at the amend in the proposal; and (3) update the 2 17 CFR 240.19b–4. places specified in Item IV below. The Exchange’s description of the proposed rule 3 change’s consistency with Section 11(a) of the Act. 17 CFR 230.251–230.263. Exchange has prepared summaries, set Amendment No. 1 is available at https:// 4 15 U.S.C. 77a et seq. forth in sections A, B, and C below, of www.sec.gov/comments/sr-cboeedgx-2019-009/ 5 See Securities Exchange Act Release No. 85687 the most significant aspects of such (April 18, 2019), 84 FR 17224 (April 24, 2019). srcboeedgx2019009-5405908-184490.pdf. statements. 5 15 U.S.C. 78s(b)(2). 6 See Letter from Jeffrey P. Mahoney, General 6 See Securities Exchange Act Release No. 85734, Counsel, Council of Institutional Investors, dated 1 15 U.S.C. 78s(b)(1). 84 FR 18907 (May 2, 2019). The Commission May 2, 2019, available at https://www.sec.gov/ designated June 10, 2019 as the date by which the comments/sr-nasdaq-2019-017/srnasdaq2019017- 2 17 CFR 240.19b–4. Commission shall approve or disapprove, or 5441017-184816.pdf. 3 The term ‘‘Clearing Member’’ means a Member institute proceedings to determine whether to 7 15 U.S.C. 78s(b)(2). that is self-clearing or an Electronic Access Member approve or disapprove, the proposed rule change. 8 Id. that clears Exchange Transactions for other 7 17 CFR 200.30–3(a)(12). 9 17 CFR 200.30–3(a)(31). Members of the Exchange. See Rule 100(a)(11).

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A. Self-Regulatory Organization’s designate or ‘give up’ a clearing firm for Members.9 A copy of the proposed form Statement of the Purpose of, and the purposes of clearing particular is attached in Exhibit 3[sic]. A Clearing Statutory Basis for, the Proposed Rule transactions. The SIFMA-affiliated Member may elect to restrict one or Change Clearing Members have recently more OCC clearing numbers that are identified the current give up process as registered in its name at OCC. The 1. Purpose a significant source of risk for clearing Clearing Member would be required to The Exchange proposes to amend its firms, and subsequently requested that submit the Clearing Member Restriction requirements in Rule 707 related to the the Exchanges alleviate this risk by Form to the Exchange’s Membership give up of a Clearing Member by a amending Exchange rules governing the Department as described on the form. Member on Exchange transactions. This give up process.8 Once submitted, the Exchange requires proposed rule change is substantially ninety days before a Restricted OCC Proposed Rule Change similar 4 to a recently-approved rule Number is effective within the System. change by the Exchange’s affiliate, Based on the above, the Exchange This time period is to provide adequate Nasdaq PHLX LLC (‘‘Phlx’’),5 and serves now seeks to amend its rules regarding time for the member users of that to align the rules of Phlx and the the current give up process in order to Restricted OCC Number who are not Exchange.6 allow a Clearing Member to opt in, at initially specified by the Clearing By way of background, to enter The Options Clearing Corporation Member as Authorized Members to transactions on the Exchange, a Member (‘‘OCC’’) clearing number level, to a obtain the required written must either be a Clearing Member or feature that, if enabled by the Clearing authorization from the Clearing Member must have a Clearing Member agree to Member, will allow the Clearing for that Restricted OCC Number. Such accept financial responsibility for all of Member to specify which Members are member users would still be able to its transactions. In particular, Rule 707 authorized to give up that OCC clearing Give Up that Restricted OCC Number currently provides that a Member must number. Accordingly, Rule 707 will be during this ninety day period (i.e., until give up the name of the Clearing retitled as ‘‘Authorization to Give Up,’’ the number becomes restricted within Member through whom the transaction and the current rule text will be the System). will be cleared. Rule 712(b) provides, in replaced by new language. Specifically, Proposed Rule 707(b)(ii) will set forth relevant part, that every Clearing proposed Rule 707 will provide that for the process for Members to Give Up a Member shall be responsible for the each transaction in which a Member Clearing Member’s Restricted OCC clearance of Exchange transactions of participates, the Member may indicate, Number. Specifically, a Member such Clearing Member and of each at the time of the trade or through post desiring to Give Up a Restricted OCC Member who gives up such Clearing trade allocation, any OCC number of a Number must become an Authorized Member’s name pursuant to a letter of Clearing Member through which a Member.10 The Clearing Member will be authorization, letter of guarantee or transaction will be cleared (‘‘Give Up’’), required to authorize a Member as other authorization given by such provided the Clearing Member has not described in subparagraph (i) or (iii) of Clearing Member to such Member, elected to ‘‘Opt In,’’ as defined in Rule 707(b) (i.e., through a Clearing which authorization must be submitted paragraph (b) of the proposed Rule, and Member Restriction Form), unless the to the Exchange. Additionally Rule restrict one or more of its OCC Restricted OCC Number is already 808(a) provides that no Market Maker number(s) (‘‘Restricted OCC Number’’). subject to a Letter of Guarantee that the (i.e., Primary Market Makers and A Member may Give Up a Restricted Member is a party to, as set forth in Rule Competitive Market Makers) shall make OCC Number provided the Member has 707(d). any transactions on the Exchange unless written authorization as described in Pursuant to proposed Rule 707(b)(iii), a Letter of Guarantee has been issued for paragraph (b)(ii) (‘‘Authorized a Clearing Member may amend the list such Member by a Clearing Member and Member’’). of its Authorized Members or Restricted filed with the Exchange.7 Proposed Rule 707(b) provides that OCC Numbers by submitting a new Recently, certain Clearing Members, Clearing Members may request the Clearing Member Restriction Form to in conjunction with the Securities Exchange restrict one or more of their the Exchange’s Membership Department Industry and Financial Markets OCC clearing numbers (‘‘Opt In’’) as indicating the amendment as described Association (‘‘SIFMA’’), expressed described in subparagraph (b)(i) of Rule on the form. Once a Restricted OCC concerns related to the process by 707. If a Clearing Member Opts In, the Number is effective within the System which executing brokers on U.S. options Exchange will require written pursuant to Rule 707(b)(i), the Exchange exchanges (‘‘Exchanges’’) are allowed to authorization from the Clearing Member may permit the Clearing Member to permitting a Member to Give Up a authorize, or remove authorization for, a 4 Specifically, GEMX is not adopting sections Clearing Member’s Restricted OCC (c)(i) and (c)(ii) of Phlx Rule 1037, which relate to Member to Give Up the Restricted OCC how the Phlx trading system will enforce Number. An Opt In would remain in Number intra-day only in unusual unauthorized Give Ups for floor trades and effect until the Clearing Member circumstances, and on the next business electronic trades, respectively. With respect to terminates the Opt In as described in day in all regular circumstances. The electronic trades, Phlx will block the order from the subparagraph (iii). If a Clearing Member outset whereas GEMX will automatically default to Exchange will promptly notify the the Member’s guarantor. See proposed GEMX Rule does not Opt In, that Clearing Member’s 707(c). OCC number may be subject to Give Up 9 This form will be available on the Exchange’s 5 See Securities Exchange Act Release No. 85136 by any Member. website. The Exchange will also maintain, on its (February 14, 2019) (SR–Phlx–2018–72) (Approval Proposed Rule 707(b)(i) will set forth website, a list of the Restricted OCC Numbers, Order). the process by which a Clearing Member which will be updated on a regular basis, and the 6 The other Nasdaq, Inc.-owned options markets, Clearing Member’s contact information to assist Nasdaq BX, Nasdaq ISE, Nasdaq MRX, and The may Opt In. Specifically, a Clearing Members (to the extent they are not already Nasdaq Options Market (collectively, ‘‘Nasdaq Member may Opt In by sending a Authorized Members) with requesting authorization HoldCo Exchanges’’), will file similar rule change completed ‘‘Clearing Member for a Restricted OCC Number. The Exchange may proposals based on the Phlx filing. Restriction Form’’ listing all Restricted utilize additional means to inform its members of 7 Furthermore, the Exchange previously issued such updates on a periodic basis. guidance on designating Give Ups in Regulatory OCC Numbers and Authorized 10 The Exchange will develop procedures for Information Circular 2013–02. This rule change notifying Members that they are authorized or supersedes the Exchange’s previous interpretation. 8 See note 5 above. unauthorized by Clearing Members.

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Members if they are no longer phrase ‘‘letter of clearing authorization uniform fashion, written and authorized to Give Up a Clearing or letter of guarantee’’ with transparent authorization from Clearing Member’s Restricted OCC Number. If a ‘‘authorization’’ to track the foregoing Members, which ensures seamless Clearing Member removes a Restricted changes. administration of the Rule. OCC Number, any Member may Give Up The Exchange believes that the Implementation that OCC clearing number once the proposed Opt In process strikes the right removal has become effective on or The Exchange proposes to implement balance between the various views and before the next business day. the proposed rule change no later than interests across the industry. For Proposed Rule 707(c) will provide by the end of Q3 2019. The Exchange example, although the proposed rule that the System will not allow an will announce the implementation date would require Members (other than unauthorized Member to Give Up a to its Members in an Options Trader Authorized Members) to seek Restricted OCC Number. Specifically, if Alert. authorization from Clearing Members in order to have the ability to give them an unauthorized Give Up with a 2. Statutory Basis Restricted OCC Number is submitted to up, each Member will still have the the System, the System will process that The Exchange believes that its ability to Give Up a Restricted OCC proposal is consistent with Section 6(b) Number that is subject to a Letter of transaction using the Member’s default 12 OCC clearing number. of the Act, in general, and furthers the Guarantee without obtaining any further objectives of Section 6(b)(5) of the Act,13 authorization if that Member is party to Furthermore, the Exchange proposes in particular, in that it is designed to that arrangement. The Exchange also to adopt paragraph (d) to Rule 707 to promote just and equitable principles of notes that to the extent the executing provide, as is the case today, that a trade, to foster cooperation and Member has a clearing arrangement clearing arrangement subject to a Letter coordination with persons engaged in with a Clearing Member (i.e., through a of Guarantee would immediately permit facilitating transactions in securities, to Letter of Guarantee), a trade can be the Give Up of a Restricted OCC remove impediments to and perfect the assigned to the executing Member’s Number by the Member that is party to mechanism of a free and open market guarantor. Accordingly, the Exchange the arrangement. Since there is an OCC and a national market system, and, in believes that the proposed rule change clearing arrangement already general to protect investors and the is reasonable and continues to provide established in this case, no further public interest. certainty that a Clearing Member would action is needed on the part of the Particularly, as discussed above, be responsible for a trade, which Clearing Member or the Member. several clearing firms affiliated with protects investors and the public The Exchange also proposes to adopt SIFMA have recently expressed interest. Finally, the Exchange believes paragraph (e) to Rule 707 to provide that concerns relating to the current give up that adopting paragraph (e) of Rule 707 an intentional misuse of this Rule is process, which permits Members to will make clear that an intentional impermissible, and may be treated as a identify any Clearing Member as a misuse of this Rule (e.g., sending orders violation of Rule 400, titled ‘‘Just and designated give up for purposes of to a Clearing Member’s OCC account Equitable Principles of Trade,’’ or Rule clearing particular transactions, and without the Clearing Member’s consent) 401, titled ‘‘Adherence to Law.’’ This have identified the current give up will be a violation of the Exchange’s language will make clear that the process (i.e., a process that lacks rules, and that such behavior would Exchange will regulate an intentional authorization) as a significant source of subject a Member to disciplinary action. misuse of this Rule (e.g., sending orders risk for clearing firms. to a Clearing Member’s OCC account B. Self-Regulatory Organization’s The Exchange believes that the Statement on Burden on Competition without the Clearing Member’s consent), proposed changes to Rule 707 help and that such behavior would be a alleviate this risk by enabling Clearing The Exchange does not believe that violation of Exchange rules. Members to ‘Opt In’ to restrict one or the proposed rule change will impose In light of the foregoing proposal, the more of its OCC clearing numbers (i.e., any burden on competition not Exchange also proposes to amend Rule Restricted OCC Numbers), and to necessary or appropriate in furtherance 712(b), which addresses the Clearing specify which Authorized Members may of the purposes of the Act. The Member’s financial responsibility for Give Up those Restricted OCC Numbers. Exchange does not believe that the the Exchange transactions of Members As described above, all other Members proposed rule change will impose an who give up the name of such Clearing would be required to receive written unnecessary burden on intramarket Member pursuant to, for example, a authorization from the Clearing Member competition because it would apply letter of guarantee. In particular, the before they can Give Up that Clearing equally to all similarly situated Exchange proposes to add that every Member’s Restricted OCC Number. The Members. The Exchange also notes that, Clearing Member shall be responsible Exchange believes that this should the proposed changes make for the clearance of the Exchange authorization provides proper GEMX more attractive for trading, transactions of each Member who gives safeguards and protections for Clearing market participants trading on other up such Clearing Member’s name Members as it provides controls for exchanges can always elect to become pursuant to a written authorization to Clearing Members to restrict access to Members on GEMX to take advantage of become an Authorized Member under their OCC clearing numbers, allowing the trading opportunities. Furthermore, the proposed rule Rule 707. Lastly, the Exchange proposes access only to those Authorized change does not address any the following technical changes in the Members upon their request. The competitive issues and ultimately, the same provision: (1) To capitalize Letter Exchange also believes that its proposed target of the Exchange’s proposal is to of Guarantee for consistency throughout Clearing Member Restriction Form reduce risk for Clearing Members under its Rulebook, (2) to delete obsolete allows the Exchange to receive in a references to the letter of clearing the current give up model. Clearing authorization,11 and (3) to replace the authorization and Market Maker guarantee into one firms make financial decisions based on Letter of Guarantee applicable to all Members. risk and reward, and while it is 11 GEMX recently updated its forms to combine 12 15 U.S.C. 78f(b). generally in their beneficial interest to the Electronic Access Member letter of clearing 13 15 U.S.C. 78f(b)(5). clear transactions for market

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participants in order to generate profit, the purposes of the Act. If the For the Commission, by the Division of it is the Exchange’s understanding from Commission takes such action, the Trading and Markets, pursuant to delegated SIFMA and clearing firms that the Commission shall institute proceedings authority.16 current process can create significant to determine whether the proposed rule Eduardo A. Aleman, risk when the clearing firm can be given should be approved or disapproved. Deputy Secretary. up on any market participant’s IV. Solicitation of Comments [FR Doc. 2019–12448 Filed 6–12–19; 8:45 am] transaction, even where there is no prior BILLING CODE 8011–01–P customer relationship or authorization Interested persons are invited to for that designated transaction. submit written data, views, and In the absence of a mechanism that arguments concerning the foregoing, SECURITIES AND EXCHANGE governs a market participant’s use of a including whether the proposed rule COMMISSION Clearing Member’s services, the change is consistent with the Act. Comments may be submitted by any of [Release No. 34–86066; File No. SR–C2– Exchange’s proposal may indirectly 2019–015] facilitate the ability of a Clearing the following methods: Member to manage their existing Electronic Comments Self-Regulatory Organizations; Cboe customer relationships while continuing C2 Exchange, Inc.; Notice of Filing and • Use the Commission’s internet to allow market participant choice in Immediate Effectiveness of a Proposed comment form (http://www.sec.gov/ broker execution services. While Rule Change Relating To Amend the rules/sro.shtml); or Clearing Members may compete with • Send an email to rule-comments@ Fat Finger Check for Simple Orders in executing brokers for order flow, the sec.gov. Please include File Number SR– Rule 6.14 Exchange does not believe this proposal GEMX–2019–06 on the subject line. imposes an undue burden on June 7, 2019. competition. Rather, the Exchange Paper Comments Pursuant to Section 19(b)(1) of the believes that the proposed rule change • Securities Exchange Act of 1934 Send paper comments in triplicate 1 2 balances the need for Clearing Members to Secretary, Securities and Exchange (‘‘Act’’), and Rule 19b–4 thereunder, to manage risks and allows them to Commission, 100 F Street NE, notice is hereby given that on June 6, address outlier behavior from executing Washington, DC 20549–1090. 2019, Cboe C2 Exchange, Inc. (the ‘‘Exchange’’ or ‘‘C2’’) filed with the brokers while still allowing freedom of All submissions should refer to File Securities and Exchange Commission choice to select an executing broker. Number SR–GEMX–2019–06. This file (the ‘‘Commission’’) the proposed rule number should be included on the C. Self-Regulatory Organization’s change as described in Items I, and II subject line if email is used. To help the Statement on Comments on the below, which Items have been prepared Commission process and review your Proposed Rule Change Received From by the Exchange. The Exchange filed the Members, Participants, or Others comments more efficiently, please use only one method. The Commission will proposal as a ‘‘non-controversial’’ No written comments were either proposed rule change pursuant to post all comments on the Commission’s 3 solicited or received. internet website (http://www.sec.gov/ Section 19(b)(3)(A)(iii) of the Act and Rule 19b–4(f)(6) thereunder.4 The III. Date of Effectiveness of the rules/sro.shtml). Copies of the submission, all subsequent Commission is publishing this notice to Proposed Rule Change and Timing for solicit comments on the proposed rule Commission Action amendments, all written statements with respect to the proposed rule change from interested persons. Because the foregoing proposed rule change that are filed with the I. Self-Regulatory Organization’s change does not: (i) Significantly affect Commission, and all written Statement of the Terms of Substance of the protection of investors or the public communications relating to the the Proposed Rule Change interest; (ii) impose any significant proposed rule change between the Cboe C2 Exchange, Inc. (the burden on competition; and (iii) become Commission and any person, other than ‘‘Exchange’’ or ‘‘C2’’) proposes to amend operative for 30 days from the date on those that may be withheld from the the fat finger check for with respect to which it was filed, or such shorter time public in accordance with the simple orders in Rule 6.14. The text of as the Commission may designate, it has provisions of 5 U.S.C. 552, will be the proposed rule change is provided become effective pursuant to Section available for website viewing and 14 below. 19(b)(3)(A)(iii) of the Act and printing in the Commission’s Public subparagraph (f)(6) of Rule 19b–4 (additions are italicized; deletions are 15 Reference Room, 100 F Street NE, thereunder. Washington, DC 20549, on official [bracketed]) At any time within 60 days of the business days between the hours of * * * * * filing of the proposed rule change, the 10:00 a.m. and 3:00 p.m. Copies of the Commission summarily may Rules of Cboe C2 Exchange, Inc. filing also will be available for * * * * * temporarily suspend such rule change if inspection and copying at the principal it appears to the Commission that such office of the Exchange. All comments Rule 6.14. Order and Quote Price Protection action is necessary or appropriate in the received will be posted without change. Mechanisms and Risk Controls public interest, for the protection of Persons submitting comments are (a)–(b) No change. investors, or otherwise in furtherance of cautioned that we do not redact or edit (c) All Orders. personal identifying information from (1) Limit Order Fat Finger Check. If a User 14 15 U.S.C. 78s(b)(3)(A)(iii). comment submissions. You should submits a buy (sell) limit order to the System 15 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– with a price that is more than a buffer 4(f)(6) requires a self-regulatory organization to give submit only information that you wish the Commission written notice of its intent to file to make available publicly. All 16 17 CFR 200.30–3(a)(12). the proposed rule change at least five business days submissions should refer to File 1 prior to the date of filing of the proposed rule 15 U.S.C. 78s(b)(1). change, or such shorter time as designated by the Number SR–GEMX–2019–06 and 2 17 CFR 240.19b–4. Commission. The Exchange has satisfied this should be submitted on or before July 5, 3 15 U.S.C. 78s(b)(3)(A)(iii). requirement. 2019. 4 17 CFR 240.19b–4(f)(6).

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amount above (below) the NBO (NBB) for (‘‘NBO’’) (national best bid (‘‘NBB’’)) for the midpoint of the prior trading day’s simple orders or the SNBO (SNBB) for simple orders, the System cancels or closing NBBO, if no NBBO has been complex orders, the System cancels or rejects rejects the order.5 Under current Rule disseminated during that trading day. the order. The Exchange determines a default 6.14(c)(1)(A) for simple orders, the The Exchange notes that it is deleting buffer amount; however, a User may establish Exchange may determine to apply this the language that refers to using the a higher or lower amount than the Exchange default. check on a class-by-class basis and not prior trading day’s closing NBBO if the (A) For simple buy (sell) orders, the apply it to limit orders entered prior to check applies prior to 9:30 a.m., as well Exchange may determine to apply this check the conclusion of the opening auction as language that refers to an NBBO after on a class-by-class basis and not apply it to process. If the check applies prior to the 9:30 a.m., to accommodate the new GTH limit orders entered prior to the conclusion conclusion of the opening auction session. For example, if it is 9:25 a.m. of the RTH [O]opening auction [P]process. If process, it uses the midpoint of the prior the check would use the last the check applies prior to the conclusion of trading day’s closing NBBO (prior to disseminated NBBO from the GTH the RTH [O]opening auction [P]process, it 9:30 a.m.) or the last disseminated session (i.e., on that trading day), and, uses [the midpoint of the prior trading day’s NBBO (if there is one, after 9:30 a.m.).6 if no NBBO has been disseminated on closing NBBO (prior to 9:30 a.m.) or](i) the The Exchange recently adopted a that trading day then the System would last disseminated NBBO on that trading day, or (ii) the midpoint of the prior trading day’s global trading hours (‘‘GTH’’) trading pull the midpoint of the prior trading closing NBBO, if no NBBO has been session, which will occur from 8:30 to day’s closing NBBO, as it currently does disseminated on that trading day[(if there is 9:15 a.m. Eastern Time, which the today. It also proposes to amend Rule one, after 9:30 a.m.)]. The Exchange or User, Exchange intends to implement on June 6.14(c)(1)(A) to state that if the check as applicable, may establish a different 17, 2019.7 For classes that trade during applies prior to the conclusion of the default amount prior to the conclusion of the the GTH trading session, there may be RTH opening auction process, it does RTH [O]opening auction [P]process than it an NBBO disseminated prior to 9:30 not apply to good-til-cancelled (‘‘GTC’’) does after trading is open. If the check a.m., as well as a GTH opening auction and good-til-date (‘‘GTD’’) orders that applies prior to the conclusion of the O]RTH process. Therefore, the Exchange reenter the Book from the prior trading opening auction [P]process, it does not apply proposes to update the fat finger check session. This proposed change accounts (i) if there is a corporate action impacting the corporate stock price, (ii) if there is no NBBO for simple orders to reflect a GTH for a prior trading session instead of the from the prior trading day, (iii) to orders with trading session. Because the GTH and trading day because the Exchange will origin code M or N, or (iv) to GTC and GTD regular trading hours (‘‘RTH’’) trading use the same Book for all trading orders that reenter the Book from the prior sessions will each have an opening sessions, and thus any GTC or GTD trading session [day]. auction process,8 the Exchange now orders that do not trade during GTH * * * * * proposes to amend Rule 6.14(c)(1)(A) to may become eligible for trading during The text of the proposed rule change specify that if the check applies prior to RTH. is also available on the Exchange’s the conclusion of the RTH opening The Exchange notes that the proposed auction process (therefore, from the change is substantially similar to the website (http://markets.cboe.com/us/ 9 options/regulation/rule_filings/ctwo/), beginning of the GTH opening process current rule, and merely proposes to at the Exchange’s Office of the through the RTH opening process), it update language in connection with the uses the last disseminated NBBO during implementation of the GTH trading Secretary, and at the Commission’s that trading day (which accounts for session, specifying to which opening Public Reference Room. NBBOs disseminated during GTH),10 or auction process the check under Rule II. Self-Regulatory Organization’s 6.14(c)(1)(A) will apply, and accounting Statement of the Purpose of, and 5 The Exchange determines a default buffer for the fact that there may be an NBBO Statutory Basis for, the Proposed Rule amount; however, a User may establish a higher or lower amount than the Exchange default. disseminated prior to 9:30 a.m. for Change 6 Current Rule 6.14(c)(1)(A) also states that the classes that will trade during the GTH In its filing with the Commission, the Exchange or User, as applicable, may establish a trading session. different default amount prior to the conclusion of Exchange included statements the opening auction process than it does after 2. Statutory Basis concerning the purpose of and basis for trading is open. If the check applies prior to the The Exchange believes the proposed the proposed rule change and discussed conclusion of the Opening Process, it does not rule change is consistent with the any comments it received on the apply (i) if there is a corporate action impacting the corporate stock price, (ii) if there is no NBBO from Securities Exchange Act of 1934 (the proposed rule change. The text of these the prior trading day, (iii) to orders with origin code ‘‘Act’’) and the rules and regulations statements may be examined at the M (Market-Maker) or N (away market-maker), or (iv) thereunder applicable to the Exchange places specified in Item IV below. The to good-til-cancelled (‘‘GTC’’) or good-til-day and, in particular, the requirements of Exchange has prepared summaries, set (‘‘GTD’’) orders that reenter the Book from the prior trading day. Section 6(b) of the Act.11 Specifically, forth in sections A, B, and C below, of 7 See Securities Exchange Act Release No. 85788 the Exchange believes the proposed rule the most significant aspects of such (May 6, 2019), 84 FR 20673 (May 10, 2019) (Notice change is consistent with the Section statements. of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Exchange’s Opening 6(b)(5) 12 requirements that the rules of A. Self-Regulatory Organization’s Process and Add a Global Trading Hours Session an exchange be designed to prevent Statement of the Purpose of, and for DJX Options) (SR–C2–2019–009). fraudulent and manipulative acts and 8 See Rule 6.11 which provides for the opening Statutory Basis for, the Proposed Rule auction processes for GTH and RTH. practices, to promote just and equitable Change 9 The Exchange notes this includes the queuing principles of trade, to foster cooperation period as defined under Rule 6.11 which provides and coordination with persons engaged 1. Purpose for the opening auction process. in regulating, clearing, settling, The proposed rule change amends the 10 See Rule 1.1 which states that a trading day includes both trading sessions on that day. The processing information with respect to, fat finger check with respect to simple Exchange also notes that it is amending the term and facilitating transactions in orders in Rule 6.14. Current Rule ‘‘orders’’ to state ‘‘buy (sell) orders’’ in Rule securities, to remove impediments to 6.14(c)(1) states if a User submits a buy 6.14(c)(1)(A) to mirror the same language used in and perfect the mechanism of a free and (sell) limit order to the System with a Rule 6.14(c)(1), as well as the term ‘‘Opening Process’’ to ‘‘opening auction process’’ which is price that is more than a buffer amount consistent with the verbiage used throughout Rule 11 15 U.S.C. 78f(b). above (below) the national best offer 6.11 (Opening Auction Process). 12 15 U.S.C. 78f(b)(5).

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open market and a national market may choose to establish a different Commission believes that waiver of the system, and, in general, to protect default amount prior to the conclusion 30-day operative delay is consistent investors and the public interest. of the RTH opening auction process. with the protection of investors and the Additionally, the Exchange believes the Furthermore, the Exchange does not public interest. Therefore, the proposed rule change is consistent with believe that the proposed change will Commission hereby waives the the Section 6(b)(5) 13 requirement that impose any burden on intermarket operative delay and designates the the rules of an exchange not be designed competition that that is not necessary or proposal as operative upon filing.18 to permit unfair discrimination between appropriate in furtherance of the At any time within 60 days of the customers, issuers, brokers, or dealers. purposes of the Act because the filing of the proposed rule change, the In particular, the Exchange believes proposed change merely updates a price Commission summarily may that by updating the fat finger check for protection mechanism already in place temporarily suspend such rule change if simple orders to account for the recently on the Exchange and applicable only to it appears to the Commission that such adopted GTH trading session, the trading on the Exchange. action is necessary or appropriate in the proposed rule change serves to remove public interest, for the protection of impediments to and perfect the C. Self-Regulatory Organization’s investors, or otherwise in furtherance of mechanism of a free and open market Statement on Comments on the the purposes of the Act. If the and a national market system. As Proposed Rule Change Received From Commission takes such action, the described above, the proposed change is Members, Participants, or Others Commission shall institute proceedings substantially similar to the way in The Exchange neither solicited nor to determine whether the proposed rule which the current fat finger check for received comments on the proposed change should be approved or simple orders functions, and merely rule change. disapproved. accounts for the fact that there will be IV. Solicitation of Comments two trading sessions on the Exchange, III. Date of Effectiveness of the each with an opening auction process Proposed Rule Change and Timing for Interested persons are invited to and one of which will occur, and may Commission Action submit written data, views, and disseminate an NBBO, before 9:30 a.m. The Exchange has designated this rule arguments concerning the foregoing, Therefore, the Exchange believes that by filing as non-controversial under including whether the proposed rule amending rule language to specify that Section 19(b)(3)(A) 14 of the Act and change is consistent with the Act. the fat finger check under Rule Rule 19b–4(f)(6) 15 thereunder. Because Comments may be submitted by any of 6.14(c)(1)(A) will apply prior to the the proposed rule change does not: (i) the following methods: conclusion of the RTH opening auction Significantly affect the protection of Electronic Comments process and by updating language to investors or the public interest; (ii) • reflect the earlier GTH session time and impose any significant burden on Use the Commission’s internet potential NBBO dissemination during competition; and (iii) become operative comment form (http://www.sec.gov/ that session in connection with the fat for 30 days from the date on which it rules/sro.shtml); or • Send an email to rule-comments@ finger check, it will remove was filed, or such shorter time as the sec.gov. Please include File Number SR– impediments to and perfect the Commission may designate, it has C2–2019–015 on the subject line. mechanism of a free and open market, become effective pursuant to Section thereby protecting investors, by 19(b)(3)(A) of the Act and Rule 19b– Paper Comments increasing transparency of the 4(f)(6) thereunder. • Send paper comments in triplicate Exchange’s fat finger price protection A proposed rule change filed to Secretary, Securities and Exchange mechanism as it relates to the earlier pursuant to Rule 19b–4(f)(6) under the Commission, 100 F Street NE, 16 GTH trading session. Act normally does not become Washington, DC 20549–1090. operative for 30 days after the date of its B. Self-Regulatory Organization’s All submissions should refer to File filing. However, Rule 19b–4(f)(6)(iii) 17 Statement on Burden on Competition Number SR–C2–2019–015. This file permits the Commission to designate a number should be included on the The Exchange does not believe that shorter time if such action is consistent subject line if email is used. To help the the proposed rule change will impose with the protection of investors and the Commission process and review your any burden on competition that is not public interest. The Exchange has asked comments more efficiently, please use necessary or appropriate in furtherance the Commission to waive the 30-day only one method. The Commission will of the purposes of the Act. The operative delay. The Exchange believes post all comments on the Commission’s proposed rule change is not intended to that waiver of the operative delay is internet website (http://www.sec.gov/ address competitive issues, but rather to consistent with the protection of rules/sro.shtml). Copies of the update a current price protection investors and the public interest submission, all subsequent mechanism in connection with the because it is substantially similar to the amendments, all written statements addition of a GTH trading session. The way in which the current fat finger with respect to the proposed rule Exchange does not believe that the check for simple orders functions, and change that are filed with the proposed rule change to update the fat merely accounts for the fact that there Commission, and all written finger check as it relates to the GTH will be two trading sessions on the communications relating to the trading session will impose any burden Exchange (each with an opening auction proposed rule change between the on intramarket competition that is not process and one of which will occur, Commission and any person, other than necessary or appropriate in furtherance and may disseminate an NBBO, before those that may be withheld from the of the purposes of the Act because it 9:30 a.m.), and does not raise any new public in accordance with the will apply in the same manner to all or novel issues. For this reason, the Users’ limit orders prior to the 18 For purposes only of waiving the 30-day conclusion of the RTH opening auction 14 15 U.S.C. 78s(b)(3)(A). operative delay, the Commission also has process. The Exchange notes that a User 15 17 CFR 240.19b–4(f)(6). considered the proposed rule’s impact on 16 17 CFR 240.19b–4(f)(6). efficiency, competition, and capital formation. See 13 Id. 17 17 CFR 240.19b–4(f)(6)(iii). 15 U.S.C. 78c(f).

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provisions of 5 U.S.C. 552, will be of a Clearing Member 3 by a Member on relevant part, that every Clearing available for website viewing and Exchange transactions. Member shall be responsible for the printing in the Commission’s Public The text of the proposed rule change clearance of Exchange transactions of Reference Room, 100 F Street NE, is available on the Exchange’s website at such Clearing Member and of each Washington, DC 20549, on official http://nasdaqmrx.cchwallstreet.com/, at Member who gives up such Clearing business days between the hours of the principal office of the Exchange, and Member’s name pursuant to a letter of 10:00 a.m. and 3:00 p.m. Copies of the at the Commission’s Public Reference authorization, letter of guarantee or filing also will be available for Room. other authorization given by such inspection and copying at the principal II. Self-Regulatory Organization’s Clearing Member to such Member, office of the Exchange. All comments Statement of the Purpose of, and which authorization must be submitted received will be posted without change. Statutory Basis for, the Proposed Rule to the Exchange. Additionally Rule Persons submitting comments are Change 808(a) provides that no Market Maker cautioned that we do not redact or edit (i.e., Primary Market Makers and In its filing with the Commission, the personal identifying information from Competitive Market Makers) shall make Exchange included statements comment submissions. You should any transactions on the Exchange unless concerning the purpose of and basis for submit only information that you wish a Letter of Guarantee has been issued for the proposed rule change and discussed to make available publicly. All such Member by a Clearing Member and any comments it received on the 7 submissions should refer to File filed with the Exchange. proposed rule change. The text of these Recently, certain Clearing Members, Number SR–C2–2019–015 and should statements may be examined at the be submitted on or before July 5, 2019. in conjunction with the Securities places specified in Item IV below. The Industry and Financial Markets For the Commission, by the Division of Exchange has prepared summaries, set Association (‘‘SIFMA’’), expressed Trading and Markets, pursuant to delegated forth in sections A, B, and C below, of 19 concerns related to the process by authority. the most significant aspects of such which executing brokers on U.S. options Eduardo A. Aleman, statements. exchanges (‘‘Exchanges’’) are allowed to Deputy Secretary. A. Self-Regulatory Organization’s designate or ‘give up’ a clearing firm for [FR Doc. 2019–12451 Filed 6–12–19; 8:45 am] Statement of the Purpose of, and the purposes of clearing particular BILLING CODE 8011–01–P Statutory Basis for, the Proposed Rule transactions. The SIFMA-affiliated Change Clearing Members have recently identified the current give up process as SECURITIES AND EXCHANGE 1. Purpose a significant source of risk for clearing COMMISSION The Exchange proposes to amend its firms, and subsequently requested that requirements in Rule 707 related to the the Exchanges alleviate this risk by [Release No. 34–86064; File No. SR–MRX– give up of a Clearing Member by a amending Exchange rules governing the 2019–10] Member on Exchange transactions. This give up process.8 proposed rule change is substantially Self-Regulatory Organizations; Nasdaq Proposed Rule Change similar 4 to a recently-approved rule MRX, LLC; Notice of Filing and change by the Exchange’s affiliate, Based on the above, the Exchange Immediate Effectiveness of a Proposed now seeks to amend its rules regarding Nasdaq PHLX LLC (‘‘Phlx’’),5 and serves Rule Change To Amend Its Rules the current give up process in order to to align the rules of Phlx and the Governing the Give Up of a Clearing allow a Clearing Member to opt in, at Exchange.6 Member by a Member on Exchange By way of background, to enter The Options Clearing Corporation Transactions transactions on the Exchange, a Member (‘‘OCC’’) clearing number level, to a feature that, if enabled by the Clearing June 7, 2019. must either be a Clearing Member or must have a Clearing Member agree to Member, will allow the Clearing Pursuant to Section 19(b)(1) of the accept financial responsibility for all of Member to specify which Members are Securities Exchange Act of 1934 its transactions. In particular, Rule 707 authorized to give up that OCC clearing (‘‘Act’’),1 and Rule 19b–4 thereunder,2 number. Accordingly, Rule 707 will be currently provides that a Member must notice is hereby given that on May 24, retitled as ‘‘Authorization to Give Up,’’ give up the name of the Clearing 2019, Nasdaq MRX, LLC (‘‘MRX’’ or and the current rule text will be Member through whom the transaction ‘‘Exchange’’) filed with the Securities replaced by new language. Specifically, will be cleared. Rule 712(b) provides, in and Exchange Commission (‘‘SEC’’ or proposed Rule 707 will provide that for ‘‘Commission’’) the proposed rule each transaction in which a Member 3 The term ‘‘Clearing Member’’ means a Member change as described in Items I, II, and that is self-clearing or an Electronic Access Member participates, the Member may indicate, III, below, which Items have been that clears Exchange Transactions for other at the time of the trade or through post prepared by the Exchange. The Members of the Exchange. See Rule 100(a)(11). trade allocation, any OCC number of a Commission is publishing this notice to 4 Specifically, MRX is not adopting sections (c)(i) Clearing Member through which a and (c)(ii) of Phlx Rule 1037, which relate to how solicit comments on the proposed rule the Phlx trading system will enforce unauthorized transaction will be cleared (‘‘Give Up’’), change from interested persons. Give Ups for floor trades and electronic trades, provided the Clearing Member has not respectively. With respect to electronic trades, Phlx elected to ‘‘Opt In,’’ as defined in I. Self-Regulatory Organization’s will block the order from the outset whereas MRX paragraph (b) of the proposed Rule, and Statement of the Terms of Substance of will automatically default to the Member’s restrict one or more of its OCC the Proposed Rule Change guarantor. See proposed MRX Rule 707(c). 5 See Securities Exchange Act Release No. 85136 number(s) (‘‘Restricted OCC Number’’). The Exchange proposes to a proposal (February 14, 2019) (SR–Phlx–2018–72) (Approval A Member may Give Up a Restricted to amend its rules governing the give up Order). 6 The other Nasdaq, Inc.-owned options markets, 7 Furthermore, the Exchange previously issued Nasdaq BX, Nasdaq ISE, Nasdaq GEMX, and The guidance on designating Give Ups in Regulatory 19 17 CFR 200.30–3(a)(12). Nasdaq Options Market (collectively, ‘‘Nasdaq Information Circular 2016–001. This rule change 1 15 U.S.C. 78s(b)(1). HoldCo Exchanges’’), will file similar rule change supersedes the Exchange’s previous interpretation. 2 17 CFR 240.19b–4. proposals based on the Phlx filing. 8 See note 5 above.

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OCC Number provided the Member has Member.10 The Clearing Member will be to a Clearing Member’s OCC account written authorization as described in required to authorize a Member as without the Clearing Member’s consent), paragraph (b)(ii) (‘‘Authorized described in subparagraph (i) or (iii) of and that such behavior would be a Member’’). Rule 707(b) (i.e., through a Clearing violation of Exchange rules. Proposed Rule 707(b) provides that Member Restriction Form), unless the In light of the foregoing proposal, the Clearing Members may request the Restricted OCC Number is already Exchange also proposes to amend Rule Exchange restrict one or more of their subject to a Letter of Guarantee that the 712(b), which addresses the Clearing OCC clearing numbers (‘‘Opt In’’) as Member is a party to, as set forth in Rule Member’s financial responsibility for described in subparagraph (b)(i) of Rule 707(d). the Exchange transactions of Members 707. If a Clearing Member Opts In, the Pursuant to proposed Rule 707(b)(iii), who give up the name of such Clearing Exchange will require written a Clearing Member may amend the list Member pursuant to, for example, a authorization from the Clearing Member of its Authorized Members or Restricted letter of guarantee. In particular, the permitting a Member to Give Up a OCC Numbers by submitting a new Exchange proposes to add that every Clearing Member’s Restricted OCC Clearing Member Restriction Form to Clearing Member shall be responsible Number. An Opt In would remain in the Exchange’s Membership Department for the clearance of the Exchange effect until the Clearing Member indicating the amendment as described transactions of each Member who gives terminates the Opt In as described in on the form. Once a Restricted OCC up such Clearing Member’s name subparagraph (iii). If a Clearing Member Number is effective within the System pursuant to a written authorization to does not Opt In, that Clearing Member’s pursuant to Rule 707(b)(i), the Exchange become an Authorized Member under OCC number may be subject to Give Up may permit the Clearing Member to Rule 707. Lastly, the Exchange proposes by any Member. authorize, or remove authorization for, a the following technical changes in the Proposed Rule 707(b)(i) will set forth Member to Give Up the Restricted OCC same provision: (1) To capitalize Letter the process by which a Clearing Member Number intra-day only in unusual of Guarantee for consistency throughout may Opt In. Specifically, a Clearing circumstances, and on the next business its Rulebook, (2) to delete obsolete Member may Opt In by sending a day in all regular circumstances. The references to the letter of clearing 11 completed ‘‘Clearing Member Exchange will promptly notify the authorization, and (3) to replace the Restriction Form’’ listing all Restricted Members if they are no longer phrase ‘‘letter of clearing authorization OCC Numbers and Authorized authorized to Give Up a Clearing or letter of guarantee’’ with Members.9 A copy of the proposed form Member’s Restricted OCC Number. If a ‘‘authorization’’ to track the foregoing is attached in Exhibit 3[sic]. A Clearing Clearing Member removes a Restricted changes. Member may elect to restrict one or OCC Number, any Member may Give Up Implementation more OCC clearing numbers that are that OCC clearing number once the removal has become effective on or The Exchange proposes to implement registered in its name at OCC. The the proposed rule change no later than Clearing Member would be required to before the next business day. Proposed Rule 707(c) will provide by the end of Q3 2019. The Exchange submit the Clearing Member Restriction will announce the implementation date Form to the Exchange’s Membership that the System will not allow an unauthorized Member to Give Up a to its Members in an Options Trader Department as described on the form. Alert. Once submitted, the Exchange requires Restricted OCC Number. Specifically, if ninety days before a Restricted OCC an unauthorized Give Up with a 2. Statutory Basis Number is effective within the System. Restricted OCC Number is submitted to The Exchange believes that its This time period is to provide adequate the System, the System will process that proposal is consistent with Section 6(b) time for the member users of that transaction using the Member’s default of the Act,12 in general, and furthers the Restricted OCC Number who are not OCC clearing number. objectives of Section 6(b)(5) of the Act,13 initially specified by the Clearing Furthermore, the Exchange proposes in particular, in that it is designed to Member as Authorized Members to to adopt paragraph (d) to Rule 707 to promote just and equitable principles of obtain the required written provide, as is the case today, that a trade, to foster cooperation and authorization from the Clearing Member clearing arrangement subject to a Letter coordination with persons engaged in for that Restricted OCC Number. Such of Guarantee would immediately permit facilitating transactions in securities, to member users would still be able to the Give Up of a Restricted OCC remove impediments to and perfect the Give Up that Restricted OCC Number Number by the Member that is party to mechanism of a free and open market during this ninety day period (i.e., until the arrangement. Since there is an OCC and a national market system, and, in the number becomes restricted within clearing arrangement already general to protect investors and the the System). established in this case, no further public interest. Proposed Rule 707(b)(ii) will set forth action is needed on the part of the Particularly, as discussed above, the process for Members to Give Up a Clearing Member or the Member. several clearing firms affiliated with Clearing Member’s Restricted OCC The Exchange also proposes to adopt SIFMA have recently expressed Number. Specifically, a Member paragraph (e) to Rule 707 to provide that concerns relating to the current give up desiring to Give Up a Restricted OCC an intentional misuse of this Rule is process, which permits Members to Number must become an Authorized impermissible, and may be treated as a identify any Clearing Member as a violation of Rule 400, titled ‘‘Just and designated give up for purposes of Equitable Principles of Trade,’’ or Rule 9 This form will be available on the Exchange’s clearing particular transactions, and website. The Exchange will also maintain, on its 401, titled ‘‘Adherence to Law.’’ This have identified the current give up website, a list of the Restricted OCC Numbers, language will make clear that the which will be updated on a regular basis, and the Exchange will regulate an intentional Clearing Member’s contact information to assist 11 MRX recently updated its forms to combine the Members (to the extent they are not already misuse of this Rule (e.g., sending orders Electronic Access Member letter of clearing Authorized Members) with requesting authorization authorization and Market Maker guarantee into one for a Restricted OCC Number. The Exchange may 10 The Exchange will develop procedures for Letter of Guarantee applicable to all Members. utilize additional means to inform its members of notifying Members that they are authorized or 12 15 U.S.C. 78f(b). such updates on a periodic basis. unauthorized by Clearing Members. 13 15 U.S.C. 78f(b)(5).

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process (i.e., a process that lacks B. Self-Regulatory Organization’s III. Date of Effectiveness of the authorization) as a significant source of Statement on Burden on Competition Proposed Rule Change and Timing for risk for clearing firms. Commission Action The Exchange does not believe that Because the foregoing proposed rule The Exchange believes that the the proposed rule change will impose change does not: (i) Significantly affect proposed changes to Rule 707 help any burden on competition not the protection of investors or the public alleviate this risk by enabling Clearing necessary or appropriate in furtherance interest; (ii) impose any significant Members to ‘Opt In’ to restrict one or of the purposes of the Act. The more of its OCC clearing numbers (i.e., burden on competition; and (iii) become Exchange does not believe that the operative for 30 days from the date on Restricted OCC Numbers), and to proposed rule change will impose an specify which Authorized Members may which it was filed, or such shorter time unnecessary burden on intramarket as the Commission may designate, it has Give Up those Restricted OCC Numbers. competition because it would apply As described above, all other Members become effective pursuant to Section equally to all similarly situated 19(b)(3)(A)(iii) of the Act 14 and would be required to receive written Members. The Exchange also notes that, authorization from the Clearing Member subparagraph (f)(6) of Rule 19b–4 should the proposed changes make 15 before they can Give Up that Clearing thereunder. MRX more attractive for trading, market At any time within 60 days of the Member’s Restricted OCC Number. The participants trading on other exchanges filing of the proposed rule change, the Exchange believes that this can always elect to become Members on Commission summarily may authorization provides proper MRX to take advantage of the trading temporarily suspend such rule change if safeguards and protections for Clearing opportunities. it appears to the Commission that such Members as it provides controls for action is necessary or appropriate in the Clearing Members to restrict access to Furthermore, the proposed rule change does not address any public interest, for the protection of their OCC clearing numbers, allowing investors, or otherwise in furtherance of access only to those Authorized competitive issues and ultimately, the target of the Exchange’s proposal is to the purposes of the Act. If the Members upon their request. The Commission takes such action, the Exchange also believes that its proposed reduce risk for Clearing Members under the current give up model. Clearing Commission shall institute proceedings Clearing Member Restriction Form to determine whether the proposed rule firms make financial decisions based on allows the Exchange to receive in a should be approved or disapproved. uniform fashion, written and risk and reward, and while it is transparent authorization from Clearing generally in their beneficial interest to IV. Solicitation of Comments Members, which ensures seamless clear transactions for market Interested persons are invited to administration of the Rule. participants in order to generate profit, submit written data, views, and it is the Exchange’s understanding from The Exchange believes that the arguments concerning the foregoing, SIFMA and clearing firms that the including whether the proposed rule proposed Opt In process strikes the right current process can create significant change is consistent with the Act. balance between the various views and risk when the clearing firm can be given Comments may be submitted by any of interests across the industry. For up on any market participant’s the following methods: example, although the proposed rule transaction, even where there is no prior Electronic Comments would require Members (other than customer relationship or authorization Authorized Members) to seek for that designated transaction. • Use the Commission’s internet authorization from Clearing Members in comment form (http://www.sec.gov/ In the absence of a mechanism that order to have the ability to give them rules/sro.shtml); or up, each Member will still have the governs a market participant’s use of a • Send an email to rule-comments@ ability to Give Up a Restricted OCC Clearing Member’s services, the sec.gov. Please include File Number SR– Number that is subject to a Letter of Exchange’s proposal may indirectly MRX–2019–10 on the subject line. Guarantee without obtaining any further facilitate the ability of a Clearing Paper Comments authorization if that Member is party to Member to manage their existing that arrangement. The Exchange also customer relationships while continuing • Send paper comments in triplicate notes that to the extent the executing to allow market participant choice in to Secretary, Securities and Exchange Member has a clearing arrangement broker execution services. While Commission, 100 F Street NE, with a Clearing Member (i.e., through a Clearing Members may compete with Washington, DC 20549–1090. Letter of Guarantee), a trade can be executing brokers for order flow, the All submissions should refer to File assigned to the executing Member’s Exchange does not believe this proposal Number SR–MRX–2019–10. This file guarantor. Accordingly, the Exchange imposes an undue burden on number should be included on the believes that the proposed rule change competition. Rather, the Exchange subject line if email is used. To help the is reasonable and continues to provide believes that the proposed rule change Commission process and review your certainty that a Clearing Member would balances the need for Clearing Members comments more efficiently, please use be responsible for a trade, which to manage risks and allows them to only one method. The Commission will protects investors and the public address outlier behavior from executing post all comments on the Commission’s interest. Finally, the Exchange believes brokers while still allowing freedom of internet website (http://www.sec.gov/ that adopting paragraph (e) of Rule 707 choice to select an executing broker. will make clear that an intentional 14 15 U.S.C. 78s(b)(3)(A)(iii). C. Self-Regulatory Organization’s 15 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– misuse of this Rule (e.g., sending orders Statement on Comments on the 4(f)(6) requires a self-regulatory organization to give to a Clearing Member’s OCC account Proposed Rule Change Received From the Commission written notice of its intent to file without the Clearing Member’s consent) Members, Participants, or Others the proposed rule change at least five business days will be a violation of the Exchange’s prior to the date of filing of the proposed rule change, or such shorter time as designated by the rules, and that such behavior would No written comments were either Commission. The Exchange has satisfied this subject a Member to disciplinary action. solicited or received. requirement.

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rules/sro.shtml). Copies of the Administration, Processing and • Email: [email protected]. submission, all subsequent Disbursement Center, 14925 Kingsport • Regular Mail: Send written amendments, all written statements Road, Fort Worth, TX 76155. comments to: PPT Forms Officer, U.S. with respect to the proposed rule FOR FURTHER INFORMATION CONTACT: A. Department of State, CA/PPT/S/PMO, change that are filed with the Escobar, Office of Disaster Assistance, 44132 Mercure Cir, P.O. Box 1199, Commission, and all written U.S. Small Business Administration, Sterling, VA 20166–1199. communications relating to the 409 3rd Street SW, Suite 6050, SUPPLEMENTARY INFORMATION: proposed rule change between the Washington, DC 20416, (202) 205–6734. • Title of Information Collection: Commission and any person, other than SUPPLEMENTARY INFORMATION: The notice Supplemental Questionnaire to those that may be withheld from the of the President’s major disaster Determine Identity for a U.S. Passport. public in accordance with the declaration for the State of Nebraska, • provisions of 5 U.S.C. 552, will be OMB Control Number: 1405–0215. dated 03/21/2019, is hereby amended to • Type of Request: Revision of a available for website viewing and include the following areas as adversely printing in the Commission’s Public Currently Approved Collection. affected by the disaster: • Reference Room, 100 F Street NE, Originating Office: Bureau of Primary Counties (Physical Damage and Washington, DC 20549, on official Consular Affairs, Passport Services (CA/ Economic Injury Loans): Holt business days between the hours of PPT). Contiguous Counties (Economic Injury • 10:00 a.m. and 3:00 p.m. Copies of the Form Number: DS–5520. Loans Only): • Respondents: United States Citizens filing also will be available for All counties contiguous to the county and Nationals. inspection and copying at the principal listed above have previously been • Estimated Number of Respondents: office of the Exchange. All comments declared. received will be posted without change. 21,891. Persons submitting comments are All other information in the original • Estimated Number of Responses: cautioned that we do not redact or edit declaration remains unchanged. 21,891. personal identifying information from (Catalog of Federal Domestic Assistance • Average Time per Response: 45 comment submissions. You should Number 59008) minutes. submit only information that you wish • Rafaela Monchek, Total Estimated Burden Time: to make available publicly. All 16,418 hours. submissions should refer to File Acting Associate Administrator for Disaster • Assistance. Frequency: On occasion. Number SR–MRX–2019–10 and should • [FR Doc. 2019–12473 Filed 6–12–19; 8:45 am] Obligation to Respond: Required to be submitted on or before July 5, 2019. Obtain a Benefit. BILLING CODE 8206–03–P For the Commission, by the Division of We are soliciting public comments to Trading and Markets, pursuant to delegated permit the Department to: authority.16 • DEPARTMENT OF STATE Evaluate whether the proposed Eduardo A. Aleman, information collection is necessary for Deputy Secretary. [Public Notice 10793] the proper functions of the Department. [FR Doc. 2019–12449 Filed 6–12–19; 8:45 am] • Evaluate the accuracy of our 60-Day Notice of Proposed Information BILLING CODE 8011–01–P estimate of the time and cost burden for Collection: Supplemental this proposed collection, including the Questionnaire To Determine Identity validity of the methodology and for a U.S. Passport SMALL BUSINESS ADMINISTRATION assumptions used. • [Disaster Declaration #15896 and #15897; ACTION: Notice of request for public Enhance the quality, utility, and NEBRASKA Disaster Number NE–00073] comment. clarity of the information to be collected. Presidential Declaration Amendment of SUMMARY: The Department of State has • Minimize the reporting burden on a Major Disaster for the State of submitted the information collection those who are to respond, including the Nebraska described below to the Office of use of automated collection techniques Management and Budget (OMB) for or other forms of information AGENCY: U.S. Small Business approval. In accordance with the technology. Administration. Paperwork Reduction Act of 1995, we Please note that comments submitted ACTION: Amendment 5. are requesting comments on this in response to this Notice are public collection from all interested SUMMARY: This is an amendment of the record. Before including any detailed Presidential declaration of a major individuals and organizations. The personal information, you should be disaster for the State of Nebraska purpose of this Notice is to allow 60 aware that your comments as submitted, (FEMA–4420–DR), dated 03/21/2019. days for public comment. including your personal information, Incident: Severe Winter Storm, DATES: The Department will accept will be available for public review. comments from the public up to August Straight-line Winds, and Flooding. Abstract of Proposed Collection Incident Period: 03/09/2019 through 12, 2019. 04/01/2019. ADDRESSES: You may submit comments The primary purpose for soliciting DATES: Issued on 06/04/2019. by any of the following methods: this information is to establish identity Physical Loan Application Deadline • Web: Persons with access to the for a U.S. Passport Book or Passport Date: 06/19/2019. internet may comment on this notice by Card. The information may also be used Economic Injury (EIDL) Loan going to www.Regulations.gov. You can in connection with issuing other travel Application Deadline Date: 12/23/2019. search for the document by entering documents or evidence of citizenship, ADDRESSES: Submit completed loan ‘‘Docket Number: DOS–2019–0020’’ in and in furtherance of the Secretary’s applications to: U.S. Small Business the Search field. Then click the responsibility for the protection of U.S. ‘‘Comment Now’’ button and complete nationals abroad and to administer the 16 17 CFR 200.30–3(a)(12). the comment form. passport program.

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Methodology (717) 238–0423, ext. 1312; fax: (717) 8. Repsol Oil & Gas USA, LLC; Pad ID: The supplemental Questionnaire to 238–2436; email: [email protected]. SHEDDEN (01 026/027) R; ABR– Determine Identity for a U.S. Passport is Regular mail inquiries may be sent to 20090507.R2; Troy Township, Bradford used to supplement an existing passport the above address. County, Pa.; Consumptive Use of Up to application and solicits information SUPPLEMENTARY INFORMATION: This 6.0000 mgd; Approval Date: May 13, relating to the respondent’s identity that notice lists the projects, described 2019. is needed prior to passport issuance. below, receiving approval for the 9. Repsol Oil & Gas USA, LLC; Pad ID: The form is only available from consumptive use of water pursuant to HARRIS (01 004) M; ABR–20090508.R2; Department facilities and is not the Commission’s approval by rule Armenia Township, Bradford County, available on the Department’s website. process set forth in 18 CFR 806.22(e) Pa.; Consumptive Use of Up to 6.0000 and § 806.22(f) for the time period mgd; Approval Date: May 13, 2019. Barry J. Conway, specified above: 10. Repsol Oil & Gas USA, LLC; Pad Acting Deputy Assistant Secretary for ID: BENSE (01 025/070) B; ABR– Passport Services. Approvals by Rule Issued Under 18 20090509.R2; Troy Township, Bradford [FR Doc. 2019–12438 Filed 6–12–19; 8:45 am] CFR 806.22(e) County, Pa.; Consumptive Use of Up to BILLING CODE 4710–06–P 1. Sunoco Pipeline, L.P.; Mariner East 6.0000 mgd; Approval Date: May 13, 2 Pipeline—Aughwick Creek; ABR– 2019. 201905007; Shirley Township, 11. Repsol Oil & Gas USA, LLC; Pad STATE JUSTICE INSTITUTE Huntingdon County, Pa.; Consumptive ID: PHINNEY (01 006) J; ABR– Use of Up to 0.200 mgd; Approval Date: 20090510.R2; Troy Township, Bradford SJI Board of Directors Meeting, Notice May 21, 2019. County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: May 13, AGENCY: State Justice Institute. 2. Sunoco Pipeline, L.P.; Mariner East 2 Pipeline—Appalachian Trail and 2019. ACTION: Notice of meeting. Norfolk Southern Railroad Crossing; 12. Chief Oil & Gas, LLC; Pad ID: Blanchard Drilling Pad; ABR– SUMMARY: The SJI Board of Directors ABR–201905008; Middlesex and Silver Spring Townships, Cumberland County, 201405002.R1; McNett Township, will be meeting on Monday, June 24, Lycoming County, Pa.; Consumptive 2019 at 1:00 p.m. The meeting will be Pa.; Consumptive Use of Up to 0.144 mgd; Approval Date: May 22, 2019. Use of Up to 2.5000 mgd; Approval held at the Hilton Burlington in Date: May 13, 2019. Burlington, Vermont. The purpose of Water Source Approvals Issued Under 13. Inflection Energy (PA), LLC; TLC this meeting is to consider grant 18 CFR 806.22(f)(13) Pad; ABR–201405004.R1; Eldred applications for the 3rd quarter of FY 1. Chesapeake Appalachia, L.L.C.; Pad Township, Lycoming County, Pa.; 2019, and other business. All portions of Consumptive Use of Up to 4.0000 mgd; this meeting are open to the public. ID: Molly J 2; ABR–201905001; Monroe Township, Bradford County, Pa.; Approval Date: May 13, 2019. ADDRESSES: Hilton Burlington, 60 14. Chief Oil & Gas, LLC; Pad ID: Consumptive Use of Up to 7.5000 mgd; Battery Street, Burlington, VT 05401. Harper Unit #1; ABR–20090515.R2; Approval Date: May 6, 2019. FOR FURTHER INFORMATION CONTACT: West Burlington Township, Bradford 2. Beech Resources, LLC.; Pad ID: Jonathan Mattiello, Executive Director, County, Pa.; Consumptive Use of Up to Premier Well Site; ABR–201905002; State Justice Institute, 11951 Freedom 5.0000 mgd; Approval Date: May 14, Lycoming Township, Lycoming County, Drive, Suite 1020, Reston, VA 20190, 2019. Pa.; Consumptive Use of Up to 3.0000 571–313–8843, [email protected]. 15. Chief Oil & Gas, LLC; Pad ID: mgd; Approval Date: May 6, 2019. Jennings Unit #1H; ABR–20090516.R2; Jonathan D. Mattiello, 3. Seneca Resources Company, LLC; West Burlington Township, Bradford Executive Director. Pad ID: PHC 4H; ABR–20090501.R2; County, Pa.; Consumptive Use of Up to [FR Doc. 2019–12435 Filed 6–12–19; 8:45 am] Lawrence Township, Clearfield County, 5.0000 mgd; Approval Date: May 14, BILLING CODE P Pa.; Consumptive Use of Up to 3.0000 2019. mgd; Approval Date: May 7, 2019. 16. Chief Oil & Gas, LLC; Pad ID: 4. Seneca Resources Company, LLC; Black Unit #1H; ABR–20090517.R2; SUSQUEHANNA RIVER BASIN Pad ID: PHC 5H; ABR–20090502.R2; Burlington Township, Bradford County, COMMISSION Lawrence Township, Clearfield County, Pa.; Consumptive Use of Up to 5.0000 Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: May 14, 2019. Projects Approved for Consumptive mgd; Approval Date: May 7, 2019. 17. ARD Operating, LLC; Pad ID: Uses of Water 5. Seneca Resources Company, LLC; Little Fawn Pad A; ABR–201905004; Pad ID: PHC 9H; ABR–20090503.R2; Cascade Township, Lycoming County, AGENCY: Susquehanna River Basin Lawrence Township, Clearfield County, Pa.; Consumptive Use of Up to 4.0000 Commission. Pa.; Consumptive Use of Up to 0.9990 mgd; Approval Date: May 20, 2019. ACTION: Notice. mgd; Approval Date: May 7, 2019. 18. ARD Operating, LLC; Pad ID: 6. Seneca Resources Company, LLC; David C Duncan Pad B; ABR– SUMMARY: This notice lists the projects Pad ID: Wilcox Pad F; ABR– approved by rule by the Susquehanna 201905005; Cascade Township, 20090505.R2; Covington Township, River Basin Commission during the Lycoming County, Pa.; Consumptive Tioga County, Pa.; Consumptive Use of Use of Up to 4.0000 mgd; Approval period set forth in DATES. Up to 2.0000 mgd; Approval Date: May Date: May 20, 2019. DATES: May 1–31, 2019. 13, 2019. 19. Chief Oil & Gas, LLC; Pad ID: ADDRESSES: Susquehanna River Basin 7. Repsol Oil & Gas USA, LLC; Pad ID: Corbett Unit Pad; ABR–201905006; Commission, 4423 North Front Street, CEASE (01 005/008) R; ABR– Overton Township, Bradford County, Harrisburg, PA 17110–1788. 20090506.R2; Troy Township, Bradford Pa.; Consumptive Use of Up to 2.5000 FOR FURTHER INFORMATION CONTACT: County, Pa.; Consumptive Use of Up to mgd; Approval Date: May 20, 2019. Jason E. Oyler, General Counsel and 6.0000 mgd; Approval Date: May 13, 20. BKV Operating, LLC; Pad ID: Secretary to the Commission, telephone: 2019. Cowfer—1; ABR–20090417.R2; Rush

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Township, Centre County, Pa.; Auburn Township, Susquehanna Authority: Pub. L. 91–575, 84 Stat. 1509 Consumptive Use of Up to 0.9990 mgd; County, Pa.; Consumptive Use of Up to et seq., 18 CFR parts 806 and 808. Approval Date: May 20, 2019. 7.5000 mgd; Approval Date: May 22, Dated: June 10, 2019. 21. Chesapeake Appalachia, L.L.C.; 2019. Jason E. Oyler, Pad ID: Ward; ABR–20090519.R2; West 34. Chesapeake Appalachia, L.L.C.; General Counsel and Secretary to the Burlington Township, Bradford County, Pad ID: Judd; ABR–20090534.R2; Commission. Pa.; Consumptive Use of Up to 7.5000 Monroe Township, Bradford County, [FR Doc. 2019–12512 Filed 6–12–19; 8:45 am] mgd; Approval Date: May 20, 2019. Pa.; Consumptive Use of Up to 7.5000 BILLING CODE 7040–01–P 22. Chesapeake Appalachia, L.L.C.; mgd; Approval Date: May 22, 2019. Pad ID: Hannan; ABR–20090520.R2; 35. Chesapeake Appalachia, L.L.C.; Troy Township, Bradford County, Pa.; Pad ID: VanNoy; ABR–20090535.R2; SUSQUEHANNA RIVER BASIN Consumptive Use of Up to 7.5000 mgd; Granville Township, Bradford County, COMMISSION Approval Date: May 20, 2019. Pa.; Consumptive Use of Up to 7.5000 23. Chesapeake Appalachia, L.L.C.; mgd; Approval Date: May 22, 2019. Grandfathering (GF) Registration Pad ID: Isbell; ABR–20090521.R2; 36. SWEPI LP; Pad ID: Tice 653; ABR– Notice Burlington Township, Bradford County, 201403002.R1; Richmond Township, Pa.; Consumptive Use of Up to 7.5000 Tioga County, Pa.; Consumptive Use of AGENCY: Susquehanna River Basin mgd; Approval Date: May 20, 2019. Up to 4.0000 mgd; Approval Date: May Commission. 24. Repsol Oil & Gas USA, LLC; Pad 28, 2019. ACTION: Notice. ID: KNIGHTS (01 044) L; ABR– 37. SWEPI LP; Pad ID: Shughart 534; 20090522.R2; Troy Township, Bradford ABR–201403003.R1; Richmond SUMMARY: This notice lists County, Pa.; Consumptive Use of Up to Township, Tioga County, Pa.; Grandfathering Registration for projects 6.0000 mgd; Approval Date: May 20, Consumptive Use of Up to 4.0000 mgd; by the Susquehanna River Basin 2019. Approval Date: May 28, 2019. Commission during the period set forth 25. Repsol Oil & Gas USA, LLC; Pad 38. SWEPI LP; Pad ID: Shughart 490; in DATES. ID: HARRIS (01 012) A; ABR– ABR–201403004.R1; Richmond DATES: May 1–31, 2019. Township, Tioga County, Pa.; 20090523.R2; Armenia Township, ADDRESSES: Susquehanna River Basin Bradford County, Pa.; Consumptive Use Consumptive Use of Up to 4.0000 mgd; Commission, 4423 North Front Street, of Up to 6.0000 mgd; Approval Date: Approval Date: May 28, 2019. Harrisburg, PA 17110–1788. May 20, 2019. 39. Chesapeake Appalachia, L.L.C.; 26. Repsol Oil & Gas USA, LLC; Pad Pad ID: Przybyszewski; ABR– FOR FURTHER INFORMATION CONTACT: ID: THOMAS (01 038) FT; ABR– 20090555.R2; Auburn Township, Jason E. Oyler, General Counsel and 20090524.R2; Troy Township, Bradford Susquehanna County, Pa.; Consumptive Secretary to the Commission, telephone: County, Pa.; Consumptive Use of Up to Use of Up to 7.5000 mgd; Approval (717) 238–0423, ext. 1312; fax: (717) 6.0000 mgd; Approval Date: May 21, Date: May 29, 2019. 238–2436; email: [email protected]. 2019. 40. Chief Oil & Gas, LLC.; Pad ID: Regular mail inquiries may be sent to 27. Chesapeake Appalachia, L.L.C.; Harris #1H; ABR–20090556.R2; the above address. Pad ID: Otten; ABR–20090526.R2; Burlington Township, Bradford County, SUPPLEMENTARY INFORMATION: This Asylum Township, Bradford County, Pa.; Consumptive Use of Up to 5.0000 notice lists GF Registration for projects, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: May 29, 2019. described below, pursuant to 18 CFR mgd; Approval Date: May 22, 2019. 41. Cabot Oil & Gas Corporation; Pad 806, Subpart E for the time period 28. Chesapeake Appalachia, L.L.C.; ID: HawkJ P1; ABR–201403013.R1; specified above: Pad ID: Mowry; ABR–20090527.R2; Auburn Township, Susquehanna Grandfathering Registration Under 18 Tuscarora Township, Bradford County, County, Pa.; Consumptive Use of Up to CFR Part 806, Subpart E Pa.; Consumptive Use of Up to 7.5000 5.0000 mgd; Approval Date: May 29, mgd; Approval Date: May 22, 2019. 2019. 1. Village of Cooperstown—Water 29. Chesapeake Appalachia, L.L.C.; 42. Cabot Oil & Gas Corporation; Pad Department, GF Certificate No. GF– Pad ID: May; ABR–20090528.R2; ID: GrasavageE P1; ABR–201403014.R1; 201905030, Village of Cooperstown, Granville Township, Bradford County, Jessup Township, Susquehanna County, Otsego County, N.Y.; Otsego Lake; Issue Pa.; Consumptive Use of Up to 7.5000 Pa.; Consumptive Use of Up to 5.0000 Date: May 7, 2019. mgd; Approval Date: May 22, 2019. mgd; Approval Date: May 29, 2019. 2. Corey Creek Golf Club, GF 30. Chesapeake Appalachia, L.L.C.; 43. Cabot Oil & Gas Corporation; Pad Certificate No. GF–201905031, Pad ID: John Barrett; ABR–20090529.R2; ID: SlocumS P1; ABR–201403015.R1; Richmond Township, Tioga County, Pa.; Asylum Township, Bradford County, Jackson Township, Susquehanna Irrigation Pond; Issue Date: May 7, 2019. Pa.; Consumptive Use of Up to 7.5000 County, Pa.; Consumptive Use of Up to 3. Huntsinger Farms, Inc., GF mgd; Approval Date: May 22, 2019. 5.0000 mgd; Approval Date: May 29, Certificate No. GF–201905032, Hegins 31. Chesapeake Appalachia, L.L.C.; 2019. and Hubley Townships, Schuylkill Pad ID: James Barrett; ABR– 44. SWN Production Company, LLC; County, Pa.; Deep Creek 1, Deep Creek 20090530.R2; Asylum Township, Pad ID: Powers Pad Site; ABR– 2, Pine Creek 1, Pine Creek 2, and Bradford County, Pa.; Consumptive Use 20090511.R2; Forest Lake Township, Monroes Pond; Issue Date: May 7, 2019. Susquehanna County, Pa.; Consumptive of Up to 7.5000 mgd; Approval Date: Authority: Pub. L. 91–575, 84 Stat. 1509 May 22, 2019. Use of Up to 3.0000 mgd; Approval et seq., 18 CFR parts 806 and 808. 32. Chesapeake Appalachia, L.L.C.; Date: May 31, 2019. Pad ID: Chancellor; ABR–20090532.R2; 45. SWN Production Company, LLC; Dated: June 10, 2019. Asylum Township, Bradford County, Pad ID: Lepley Pad—TI–04; ABR– Jason E. Oyler, Pa.; Consumptive Use of Up to 7.5000 201405006.R1; Liberty Township, Tioga General Counsel and Secretary to the mgd; Approval Date: May 22, 2019. County, Pa.; Consumptive Use of Up to Commission. 33. Chesapeake Appalachia, L.L.C.; 4.9990 mgd; Approval Date: May 31, [FR Doc. 2019–12511 Filed 6–12–19; 8:45 am] Pad ID: Clapper; ABR–20090533.R2; 2019. BILLING CODE 7040–01–P

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SUSQUEHANNA RIVER BASIN OFFICE OF THE UNITED STATES out the procedure to request product COMMISSION TRADE REPRESENTATIVE exclusions, and opened a public docket. See 83 FR 6670 (the February 14 notice). Projects Approved for Consumptive [Docket No. USTR–2018–0001] Under the February 14 notice, requests Uses of Water Exclusion of Particular Products From for exclusion were to identify the particular product in terms of its AGENCY: Susquehanna River Basin the Solar Products Safeguard Measure physical characteristics, such as Commission. AGENCY: Office of the United States dimensions, wattage, material ACTION: Notice. Trade Representative. composition, or other distinguishing SUMMARY: This notice lists the projects ACTION: Notice of product exclusions. characteristics, that differentiate it from approved by rule by the Susquehanna other products that are subject to the SUMMARY: On January 23, 2018, the River Basin Commission during the safeguard measure. The notice provided President imposed a safeguard measure period set forth in DATES. that the Trade Representative would not on imports of certain solar products consider requests identifying the DATES: April 1–30, 2019. pursuant to a Section 201 investigation. product at issue in terms of the identity ADDRESSES: Susquehanna River Basin On February 14, 2018, the United States of the producer, importer, or ultimate Commission, 4423 North Front Street, Trade Representative (Trade consumer; the country of origin; or Harrisburg, PA 17110–1788. Representative) established a procedure trademarks or tradenames. It also noted FOR FURTHER INFORMATION CONTACT: to request product-specific exclusions that the Trade Representative would Jason E. Oyler, General Counsel and from application of the safeguard only grant exclusions that did not Secretary to the Commission, telephone: measure. On September 19, 2018, the undermine the objectives of the (717) 238–0423, ext. 1312; fax: (717) Trade Representative granted certain of safeguard measure. 238–2436; email: [email protected]. those exclusion requests. This notice The February 14 notice provided for Regular mail inquiries may be sent to announces the Trade Representative’s consideration of submissions requesting the above address. determination to grant additional an exclusion that were filed no later SUPPLEMENTARY INFORMATION: This exclusion requests, as specified in the than March 16, 2018. The Office of the notice lists the projects, described Annex to this notice. The Trade U.S. Trade Representative (USTR) below, receiving approval for the Representative will not further consider received 48 product exclusion requests consumptive use of water pursuant to exclusion requests that were not granted and 213 subsequent comments the Commission’s approval by rule in this or the September 19 notices. This responding to various requests. The process set forth in 18 CFR 806.22(e) action is without prejudice to the Trade exclusion requests generally fell into and § 806.22(f) for the time period Representative’s authority to grant seven categories: (1) Products that specified above: exclusions if there is another round of consist of attachments or other parts requests for exclusion. that can be mounted to solar products; Approvals by Rule Issued Under 18 (2) products that constitute 72-cell or CFR 806.22(f) DATES: The product exclusions announced in this notice will apply as greater panels; (3) products with 1. SWN Production Company, LLC.; of June 13, 2019. particular configurations for additional Pad ID: Webster—1; ABR–20090401.R2; FOR FURTHER INFORMATION CONTACT: performance; (4) products with Franklin Township, Susquehanna Victor Mroczka, Office of WTO and specialized functions; (5) consumer and County, Pa.; Consumptive Use of Up to Multilateral Affairs, at vmroczka@ specialty products; (6) bifacial panels 2.9999 mgd; Approval Date: April 11, ustr.eop.gov or (202) 395–9450, or Dax and bifacial solar cells; and (7) solar 2019. Terrill, Office of General Counsel, at cells without busbars or gridlines and 2. SWN Production Company, LLC.; [email protected] or (202) 395– panels containing these solar cells. Pad ID: Holbrook #1; ABR– 4739. On September 19, 2018, the Trade 20090402.R2; Liberty Township, Representative granted certain product Susquehanna County, Pa.; Consumptive SUPPLEMENTARY INFORMATION: exclusion requests with a determination Use of Up to 3.9990 mgd; Approval A. Background in the Federal Register (83 FR 47393). Date: April 11, 2019. 3. SWN Production Company, LLC.; On January 23, 2018, the President, B. Determination To Grant Certain Pad ID: Turner—1; ABR–20090403.R2; issued Proclamation 9693 (83 FR 3541) Exclusions Middletown Township, Susquehanna to impose a safeguard measure with Based on an evaluation of the factors County, Pa.; Consumptive Use of Up to respect to certain crystalline silicon set out in the February 14 notice, which 3.9990 mgd; Approval Date: April 11, photovoltaic (CSPV) cells and other are summarized above, the Trade 2019. products (CSPV products) containing Representative has determined to grant 4. SWN Production Company, LLC; these cells. The Proclamation directed the product exclusions set out in the Pad ID: Fiondi—1; ABR–20090404.R2; the Trade Representative to establish Annex to this notice. Bridgewater Township, Susquehanna procedures for interested persons to C. Remaining Requests Not Addressed County, Pa.; Consumptive Use of Up to request the exclusion of particular in This Notice 3.0010 mgd; Approval Date: April 11, products from the safeguard measure. It 2019. also authorized the Trade USTR has completed review of all Representative, in consultation with the exclusion requests received in response Authority: Pub. L. 91–575, 84 Stat. 1509 et seq., 18 CFR parts 806 and 808. Secretaries of Commerce and Energy, to to the February 14 notice. The Trade exclude particular products and modify Representative will not further consider Dated: June 10, 2019. the Harmonized Tariff Schedule of the exclusion requests that were not granted Jason E. Oyler, United States (HTSUS) upon in this or the September 19 notices. This General Counsel and Secretary to the publication of a determination in the action is without prejudice to the Trade Commission. Federal Register. Representative’s authority to grant [FR Doc. 2019–12509 Filed 6–12–19; 8:45 am] On February 14, 2018, the Trade exclusions if USTR initiates another BILLING CODE 7040–01–P Representative issued a notice setting round of requests for exclusion.

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D. Future Exclusion Requests this notice is to improve the public’s Issued in Washington, DC, on June 7, 2019. The Trade Representative is not awareness of, and participation in, the James M. Crotty, entertaining additional exclusion FAA’s exemption process. Neither Acting Executive Director, Office of requests at this time. However, USTR publication of this notice nor the Rulemaking. inclusion or omission of information in will monitor developments in the U.S. Petition For Exemption market for CSPV products and, if the summary is intended to affect the warranted, provide an opportunity to legal status of the petition or its final Docket No.: FAA–2018–0864. submit additional requests for exclusion disposition. Petitioner: American Aerospace Technologies, Inc. at a future date. DATES: Comments on this petition must Section(s) of 14 CFR Affected: identify the petition docket number and Annex §§ 61.113(a) & (b); 61.133(a); 91.7(a); must be received on or before July 3, Effective with respect to articles 91.9(b)(2); 91.103(b)(1); 91.119(c); 2019. entered, or withdrawn from a 91.121; 91.151; 91.203(a) & (b); warehouse for consumption, on or after ADDRESSES: Send comments identified 91.405(a); 91.407(a)(1); 91.409(a)(2); 12:01 a.m. eastern daylight time on June by docket number FAA–2018–0864 91.417(a) & (b). 13, 2019, U.S. note 18 to subchapter III using any of the following methods: Description of Relief Sought: The of chapter 99 of the Harmonized Tariff • proposed exemption, if granted, would Schedule of the United States (HTSUS) Federal eRulemaking Portal: Go to http://www.regulations.gov and follow allow the commercial operation of the is modified by inserting the following HX8 XXL octocopter unmanned aircraft new subdivisions in numerical the online instructions for sending your comments electronically. system, manufactured by Harris Aerial, sequence at the end of subdivision weighing not more than 150 pounds for • (c)(iii): Mail: Send comments to Docket the purpose of conducting critical ‘‘(15) bifacial solar panels that absorb Operations, M–30; U.S. Department of infrastructure operations during routine light and generate electricity on each Transportation, 1200 New Jersey operations and in emergency support side of the panel and that consist of only Avenue SE, Room W12–140, West operations in conjunction with bifacial solar cells that absorb light and Building Ground Floor, Washington, DC emergency first responders. Routine generate electricity on each side of the 20590–0001. operations include asset inspection and cells; • Hand Delivery or Courier: Take mapping, construction support, and (16) flexible fiberglass solar panels comments to Docket Operations in custom sensor deployment. Emergency without glass components other than Room W12–140 of the West Building operations include locating and sensing fiberglass, such panels having power Ground Floor at 1200 New Jersey outages and disaster recovery support. outputs ranging from 250 to 900 watts; Avenue SE, Washington, DC 20590– The pilot in command will hold, at (17) solar panels consisting of solar 0001, between 9 a.m. and 5 p.m., minimum, a part 107 Operator’s cells arranged in rows that are Monday through Friday, except Federal Certificate, a Private Pilot Knowledge laminated in the panel and that are holidays. Test Certificate, a Third-Class Medical separated by more than 10 mm, with an • Fax: Fax comments to Docket Certificate, and will have completed the optical film spanning the gaps between Private Pilot Ground School. all rows that is designed to direct Operations at (202) 493–2251. sunlight onto the solar cells, and not Privacy: In accordance with 5 U.S.C. [FR Doc. 2019–12444 Filed 6–12–19; 8:45 am] including panels that lack said optical 553(c), DOT solicits comments from the BILLING CODE 4910–13–P film or only have a white or other public to better inform its rulemaking backing layer that absorbs or scatters process. DOT posts these comments, DEPARTMENT OF TRANSPORTATION sunlight.’’ without edit, including any personal information the commenter provides, to Jeffrey Gerrish, Federal Motor Carrier Safety http://www.regulations.gov, as Administration Deputy United States Trade Representative, described in the system of records Office of the U.S. Trade Representative. notice (DOT/ALL–14 FDMS), which can [Docket No. FMCSA–2019–0006] [FR Doc. 2019–12476 Filed 6–12–19; 8:45 am] be reviewed at http://www.dot.gov/ BILLING CODE 3290–F9–P privacy. Qualification of Drivers; Exemption Docket: Background documents or Applications; Vision DEPARTMENT OF TRANSPORTATION comments received may be read at http://www.regulations.gov at any time. AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. Federal Aviation Administration Follow the online instructions for accessing the docket or go to the Docket ACTION: Notice of final disposition. [Summary Notice No. 2018–80] Operations in Room W12–140 of the SUMMARY: FMCSA announces its Petition for Exemption; Summary of West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC decision to exempt nine individuals Petition Received; American from the vision requirement in the Aerospace Technologies, Inc. 20590–0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Federal Motor Carrier Safety AGENCY: Federal Aviation holidays. Regulations (FMCSRs) to operate a Administration (FAA), Department of commercial motor vehicle (CMV) in FOR FURTHER INFORMATION CONTACT: Jake Transportation (DOT). interstate commerce. They are unable to Troutman, (202) 683–7788, Office of ACTION: Notice. meet the vision requirement in one eye Rulemaking, Federal Aviation for various reasons. The exemptions SUMMARY: This notice contains a Administration, 800 Independence enable these individuals to operate summary of a petition seeking relief Avenue SW, Washington, DC 20591. CMVs in interstate commerce without from specified requirements of Federal This notice is published pursuant to meeting the vision requirement in one Aviation Regulations. The purpose of 14 CFR 11.85. eye.

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DATES: The exemptions were applicable complying with the current regulation detachment. In most cases, their eye on April 30, 2019. The exemptions 49 CFR 391.41(b)(10). conditions were not recently developed. expire on April 30, 2021. The physical qualification standard Five of the applicants were either born FOR FURTHER INFORMATION CONTACT: Ms. for drivers regarding vision found in 49 with their vision impairments or have Christine A. Hydock, Chief, Medical CFR 391.41(b)(10) states that a person is had them since childhood. The four Programs Division, (202) 366–4001, physically qualified to drive a CMV if individuals that sustained their vision [email protected], FMCSA, that person has distant visual acuity of conditions as adults have had it for a Department of Transportation, 1200 at least 20/40 (Snellen) in each eye range of 4 to 25 years. Although each without corrective lenses or visual New Jersey Avenue SE, Room W64–224, applicant has one eye that does not meet acuity separately corrected to 20/40 Washington, DC 20590–0001. Office the vision requirement in 49 CFR (Snellen) or better with corrective hours are from 8:30 a.m. to 5 p.m., ET, 391.41(b)(10), each has at least 20/40 lenses, distant binocular acuity of a least Monday through Friday, except Federal corrected vision in the other eye, and, 20/40 (Snellen) in both eyes with or holidays. If you have questions in a doctor’s opinion, has sufficient without corrective lenses, field of vision regarding viewing or submitting vision to perform all the tasks necessary of at least 70° in the horizontal meridian material to the docket, contact Docket to operate a CMV. in each eye, and the ability to recognize Services, telephone (202) 366–9826. the colors of traffic signals and devices Doctors’ opinions are supported by SUPPLEMENTARY INFORMATION: showing red, green, and amber. the applicants’ possession of a valid license to operate a CMV. By meeting I. Public Participation III. Discussion of Comments State licensing requirements, the A. Viewing Documents and Comments FMCSA received three comments in applicants demonstrated their ability to this proceeding. JT Sale submitted a To view comments, as well as any operate a CMV with their limited vision comment regarding the DOT Hours of documents mentioned in this notice as in intrastate commerce, even though Service (HOS) and Electronic Logging being available in the docket, go to their vision disqualified them from Device (ELD) rules, which are outside http://www.regulations.gov. Insert the driving in interstate commerce. We the scope of this notice. In addition, docket number, FMCSA–2019–0006, in believe that the applicants’ intrastate Maura Miller submitted two comments the keyword box, and click ‘‘Search.’’ driving experience and history provide regarding the DOT HOS and ELD rules, Next, click the ‘‘Open Docket Folder’’ an adequate basis for predicting their which are outside the scope of this button and choose the document to ability to drive safely in interstate notice. review. If you do not have access to the commerce. Intrastate driving, like internet, you may view the docket IV. Basis for Exemption Determination interstate operations, involves substantial driving on highways on the online by visiting the Docket Under 49 U.S.C. 31136(e) and 31315, interstate system and on other roads Management Facility in Room W12–140 FMCSA may grant an exemption for up on the ground floor of the DOT West to five years from the vision standard in built to interstate standards. Moreover, Building, 1200 New Jersey Avenue SE, 49 CFR 391.41(b)(10) if the exemption is driving in congested urban areas Washington, DC 20590, between 9 a.m. likely to achieve an equivalent or greater exposes the driver to more pedestrian and 5 p.m., ET, Monday through Friday, level of safety than would be achieved and vehicular traffic than exists on except Federal holidays. without the exemption. The exemption interstate highways. Faster reaction to traffic and traffic signals is generally B. Privacy Act allows applicants to operate CMVs in interstate commerce. FMCSA grants required because distances between In accordance with 5 U.S.C. 553(c), exemptions from the FMCSRs for a two- them are more compact. These DOT solicits comments from the public year period to align with the maximum conditions tax visual capacity and to better inform its rulemaking process. duration of a driver’s medical driver response just as intensely as DOT posts these comments, without certification. interstate driving conditions. edit, including any personal information The Agency’s decision regarding these The applicants in this notice have the commenter provides, to exemption applications is based on driven CMVs with their limited vision www.regulations.gov, as described in medical reports about the applicants’ in careers ranging for 3 to 65 years. In the system of records notice (DOT/ALL– vision, as well as their driving records the past three years, one driver was 14 FDMS), which can be reviewed at and experience driving with the vision involved in a crash, and two drivers www.dot.gov/privacy. deficiency. The qualifications, were convicted of moving violations in II. Background experience, and medical condition of CMVs. All the applicants achieved a each applicant were stated and record of safety while driving with their On March 28, 2019, FMCSA discussed in detail in the March 28, vision impairment that demonstrates the published a notice announcing receipt 2019, Federal Register notice (84 FR likelihood that they have adapted their of applications from nine individuals 11859) and will not be repeated in this driving skills to accommodate their requesting an exemption from vision notice. condition. As the applicants’ ample requirement in 49 CFR 391.41(b)(10) FMCSA recognizes that some drivers driving histories with their vision and requested comments from the do not meet the vision requirement but deficiencies are good predictors of public (84 FR 11859). The public have adapted their driving to future performance, FMCSA concludes comment period ended on April 29, accommodate their limitation and their ability to drive safely can be 2019, and three comments were demonstrated their ability to drive received. safely. The nine exemption applicants projected into the future. FMCSA has evaluated the eligibility listed in this notice are in this category. Consequently, FMCSA finds that in of these applicants and determined that They are unable to meet the vision each case exempting these applicants granting the exemptions to these requirement in one eye for various from the vision requirement in 49 CFR individuals would achieve a level of reasons, including amblyopia, complete 391.41(b)(10) is likely to achieve a level safety equivalent to, or greater than, the loss of vision, enucleation, macular scar, of safety equal to that existing without level that would be achieved by optic neuropathy, and retinal the exemption.

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V. Conditions and Requirements Issued on: June 7, 2019. on the ground floor of the DOT West Larry W. Minor, Building, 1200 New Jersey Avenue SE, The terms and conditions of the Washington, DC 20590, between 9 a.m. exemption are provided to the Associate Administrator for Policy. and 5 p.m., ET, Monday through Friday, applicants in the exemption document [FR Doc. 2019–12493 Filed 6–12–19; 8:45 am] except Federal holidays. and includes the following: (1) Each BILLING CODE 4910–EX–P driver must be physically examined B. Privacy Act every year (a) by an ophthalmologist or optometrist who attests that the vision DEPARTMENT OF TRANSPORTATION In accordance with 5 U.S.C. 553(c), in the better eye continues to meet the DOT solicits comments from the public Federal Motor Carrier Safety to better inform its rulemaking process. standard in 49 CFR 391.41(b)(10) and (b) Administration by a certified Medical Examiner who DOT posts these comments, without attests that the individual is otherwise [FMCSA Docket No. FMCSA–2019–0028] edit, including any personal information physically qualified under 49 CFR the commenter provides, to 391.41; (2) each driver must provide a Qualification of Drivers; Exemption www.regulations.gov, as described in copy of the ophthalmologist’s or Applications; Epilepsy and Seizure the system of records notice (DOT/ALL– optometrist’s report to the Medical Disorders 14 FDMS), which can be reviewed at www.dot.gov/privacy. Examiner at the time of the annual AGENCY: Federal Motor Carrier Safety medical examination; and (3) each Administration (FMCSA), DOT. II. Background driver must provide a copy of the ACTION: Notice of final disposition. annual medical certification to the On April 1, 2019, FMCSA published employer for retention in the driver’s SUMMARY: FMCSA announces its a notice announcing receipt of qualification file, or keep a copy in his/ decision to exempt nine individuals applications from nine individuals her driver’s qualification file if he/she is from the requirement in the Federal requesting an exemption from the self-employed. The driver must also Motor Carrier Safety Regulations epilepsy and seizure disorders have a copy of the exemption when (FMCSRs) that interstate commercial prohibition in 49 CFR 391.41(b)(8) and driving, for presentation to a duly motor vehicle (CMV) drivers have ‘‘no requested comments from the public (84 authorized Federal, State, or local established medical history or clinical FR 12317). The public comment period enforcement official. diagnosis of epilepsy or any other ended on May 1, 2019, and no condition which is likely to cause loss comments were received. VI. Preemption of consciousness or any loss of ability to FMCSA has evaluated the eligibility During the period the exemption is in control a CMV.’’ The exemptions enable of these applicants and determined that effect, no State shall enforce any law or these individuals who have had one or granting exemptions to these regulation that conflicts with this more seizures and are taking anti- individuals would achieve a level of exemption with respect to a person seizure medication to operate CMVs in safety equivalent to, or greater than, the operating under the exemption. interstate commerce. level that would be achieved by DATES: complying with the current regulation VII. Conclusion The exemptions were applicable on May 8, 2019. The exemptions expire 49 CFR 391.41(b)(8). Based upon its evaluation of the nine on May 8, 2021. The physical qualification standard exemption applications, FMCSA FOR FURTHER INFORMATION CONTACT: Ms. for drivers regarding epilepsy found in exempts the following drivers from the Christine A. Hydock, Chief, Medical 49 CFR 391.41(b)(8) states that a person vision requirement, 49 CFR Programs Division, (202) 366–4001, is physically qualified to drive a CMV 391.41(b)(10), subject to the [email protected], FMCSA, if that person has no established requirements cited above: Department of Transportation, 1200 medical history or clinical diagnosis of Clay A. Applegarth (CO), New Jersey Avenue SE, Room W64–224, epilepsy or any other condition which Anthony J. Cesternino (VA), Washington, DC 20590–0001. Office is likely to cause the loss of Steven S. Criss (FL), hours are from 8:30 a.m. to 5 p.m., ET, consciousness or any loss of ability to Monday through Friday, except Federal control a CMV. Terrence H. Flick II (IL), holidays. If you have questions Ismael Gonzalez (NJ), In addition to the regulations, FMCSA regarding viewing or submitting has published advisory criteria 1 to Philip E. Henderson (MO), material to the docket, contact Docket assist medical examiners in determining Brian S. Metheny (PA), Services, telephone (202) 366–9826. whether drivers with certain medical Roger L. Ridder (KS), SUPPLEMENTARY INFORMATION: conditions are qualified to operate a Cody R. Zeigler (PA). I. Public Participation CMV in interstate commerce. [49 CFR In accordance with 49 U.S.C. 31136(e) part 391, APPENDIX A TO PART 391— and 31315, each exemption will be valid A. Viewing Documents and Comments MEDICAL ADVISORY CRITERIA, for two years from the effective date To view comments, as well as any section H. Epilepsy: § 391.41(b)(8), unless revoked earlier by FMCSA. The documents mentioned in this notice as paragraphs 3, 4, and 5.] exemption will be revoked if the being available in the docket, go to III. Discussion of Comments following occurs: (1) The person fails to http://www.regulations.gov. Insert the comply with the terms and conditions docket number, FMCSA–2019–0028, in FMCSA received no comments in this of the exemption; (2) the exemption has the keyword box, and click ‘‘Search.’’ proceeding. resulted in a lower level of safety than Next, click the ‘‘Open Docket Folder’’ was maintained prior to being granted; button and choose the document to 1 See http://www.ecfr.gov/cgi-bin/text-idx or (3) continuation of the exemption review. If you do not have access to the ?SID=e47b48a9ea42dd67d999246e23d97970& mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_ would not be consistent with the goals internet, you may view the docket 171.a and https://www.gpo.gov/fdsys/pkg/CFR- and objectives of 49 U.S.C. 31136 and online by visiting the Docket 2015-title49-vol5/pdf/CFR-2015-title49-vol5- 31315. Management Facility in Room W12–140 part391-appA.pdf.

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IV. Basis for Exemption Determination drivers granted this exemption have was maintained prior to being granted; Under 49 U.S.C. 31136(e) and demonstrated that they are unlikely to or (3) continuation of the exemption 31315(b), FMCSA may grant an have a seizure and their medical would not be consistent with the goals exemption for up to five years from the condition does not pose a risk to public and objectives of 49 U.S.C. 31136 and epilepsy and seizure disorder safety. 31315. prohibition in 49 CFR 391.41(b)(8) if the Consequently, FMCSA finds that in Issued on: June 7, 2019. each case exempting these applicants exemption is likely to achieve an Larry W. Minor, from the epilepsy and seizure disorder equivalent or greater level of safety than Associate Administrator for Policy. would be achieved without the prohibition in 49 CFR 391.41(b)(8) is likely to achieve a level of safety equal [FR Doc. 2019–12492 Filed 6–12–19; 8:45 am] exemption. The exemption allows the BILLING CODE 4910–EX–P applicants to operate CMVs in interstate to that existing without the exemption. commerce. FMCSA grants exemptions V. Conditions and Requirements from the FMCSRs for a two-year period The terms and conditions of the DEPARTMENT OF TRANSPORTATION to align with the maximum duration of exemption are provided to the Federal Motor Carrier Safety a driver’s medical certification. applicants in the exemption document Administration In reaching the decision to grant these and includes the following: (1) Each exemption requests, FMCSA considered driver must remain seizure-free and [Docket No. FMCSA–2019–0008] the 2007 recommendations of the maintain a stable treatment during the Agency’s Medical Expert Panel (MEP). two-year exemption period; (2) each Qualification of Drivers; Exemption The January 15, 2013, Federal Register driver must submit annual reports from Applications; Vision notice (78 FR 3069) provides the current their treating physicians attesting to the AGENCY: Federal Motor Carrier Safety MEP recommendations which is the stability of treatment and that the driver Administration (FMCSA), DOT. criteria the Agency uses to grant seizure has remained seizure-free; (3) each exemptions. driver must undergo an annual medical ACTION: Notice of final disposition. The Agency’s decision regarding these examination by a certified Medical exemption applications is based on an SUMMARY: FMCSA announces its Examiner, as defined by 49 CFR 390.5; individualized assessment of each decision to exempt 12 individuals from and (4) each driver must provide a copy applicant’s medical information, the vision requirement in the Federal of the annual medical certification to including the root cause of the Motor Carrier Safety Regulations the employer for retention in the respective seizure(s) and medical (FMCSRs) to operate a commercial driver’s qualification file, or keep a copy information about the applicant’s motor vehicle (CMV) in interstate of his/her driver’s qualification file if seizure history, the length of time that commerce. They are unable to meet the he/she is self-employed. The driver has elapsed since the individual’s last vision requirement in one eye for must also have a copy of the exemption seizure, the stability of each individual’s various reasons. The exemptions enable when driving, for presentation to a duly treatment regimen and the duration of these individuals to operate CMVs in authorized Federal, State, or local time on or off of anti-seizure interstate commerce without meeting enforcement official. medication. In addition, the Agency the vision requirement in one eye. reviewed the treating clinician’s VI. Preemption DATES: The exemptions were applicable medical opinion related to the ability of During the period the exemption is in on May 21, 2019. The exemptions the driver to safely operate a CMV with effect, no State shall enforce any law or expire on May 21, 2021. a history of seizure and each applicant’s regulation that conflicts with this FOR FURTHER INFORMATION CONTACT: Ms. driving record found in the Commercial exemption with respect to a person Christine A. Hydock, Chief, Medical Driver’s License Information System operating under the exemption. Programs Division, (202) 366– (CDLIS) for commercial driver’s license 4001,[email protected], FMCSA, VII. Conclusion (CDL) holders, and interstate and Department of Transportation, 1200 intrastate inspections recorded in the Based upon its evaluation of the nine New Jersey Avenue SE, Room W64–224, Motor Carrier Management Information exemption applications, FMCSA Washington, DC 20590–0001. Office System (MCMIS). For non-CDL holders, exempts the following drivers from the hours are from 8:30 a.m. to 5 p.m., ET, the Agency reviewed the driving records epilepsy and seizure disorder Monday through Friday, except Federal from the State Driver’s Licensing prohibition, 49 CFR 391.41(b)(8), subject holidays. If you have questions Agency (SDLA). A summary of each to the requirements cited above: regarding viewing or submitting applicant’s seizure history was Darcy D. Baker (OH), material to the docket, contact Docket discussed in the April 1, 2019, Federal Kenneth R. Boglia (NC), Services, telephone (202) 366–9826. Register notice (84 FR 12317) and will David Consiglio (NY), SUPPLEMENTARY INFORMATION: not be repeated in this notice. Gary Cox (OR), These nine applicants have been Jim A. Hughes (WA), I. Public Participation seizure-free over a range of 31 years Brent L. Mapes (IL), while taking anti-seizure medication Enrico G. Mucci (PA), A. Viewing Documents and Comments and maintained a stable medication Charles R. Skelton (AL) To view comments, as well as any treatment regimen for the last two years. In accordance with 49 U.S.C. documents mentioned in this notice as In each case, the applicant’s treating 31315(b)(1), each exemption will be being available in the docket, go to physician verified his or her seizure valid for two years from the effective http://www.regulations.gov. Insert the history and supports the ability to drive date unless revoked earlier by FMCSA. docket number, FMCSA–2019–0008, in commercially. The exemption will be revoked if the the keyword box, and click ‘‘Search.’’ The Agency acknowledges the following occurs: (1) The person fails to Next, click the ‘‘Open Docket Folder’’ potential consequences of a driver comply with the terms and conditions button and choose the document to experiencing a seizure while operating a of the exemption; (2) the exemption has review. If you do not have access to the CMV. However, the Agency believes the resulted in a lower level of safety than internet, you may view the docket

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online by visiting the Docket Eric Garman, Evelyn Goris, Maricelis requirement in one eye for various Management Facility in Room W12–140 Guzman, Robert Moran, Anthony reasons, including amblyopia, aphakia, on the ground floor of the DOT West Sanchez, and Juana Sanchez submitted central serous chorioretinopathy, Building, 1200 New Jersey Avenue SE, comments in support of FMCSA’s glaucoma, macular scar, optic nerve Washington, DC 20590, between 9 a.m. decision to grant the exemptions. damage, optic neuropathy, prosthesis, and 5 p.m., ET, Monday through Friday, An anonymous individual submitted and retinal scar. In most cases, their eye except Federal holidays. a comment in support of FMCSA’s conditions were not recently developed. decision to grant an exemption to an Eight of the applicants were either born B. Privacy Act unspecified individual. with their vision impairments or have In accordance with 5 U.S.C. 553(c), Andrew Schave submitted a comment had them since childhood. The four DOT solicits comments from the public stating that individuals applying for an individuals that sustained their vision to better inform its rulemaking process. exemption from the vision standard at conditions as adults have had it for a DOT posts these comments, without 49 CFR 391.41(b)(10) should not be range of 5 to 30 years. Although each edit, including any personal information required to demonstrate three years of applicant has one eye that does not meet the commenter provides, to experience operating a CMV in the vision requirement in 49 CFR www.regulations.gov, as described in intrastate commerce. FMCSA requires a 391.41(b)(10), each has at least 20/40 the system of records notice (DOT/ALL– person to present verifiable evidence corrected vision in the other eye, and, 14 FDMS), which can be reviewed at that he/she has driven a commercial in a doctor’s opinion, has sufficient www.dot.gov/privacy. vehicle safely with the vision deficiency vision to perform all the tasks necessary for the past three years in order to to operate a CMV. II. Background qualify for an exemption from the vision Doctors’ opinions are supported by On April 18, 2019, FMCSA published standard. This evidence, and other the applicants’ possession of a valid a notice announcing receipt of factors, allow FMCSA to determine if license to operate a CMV. By meeting applications from 12 individuals granting an exemption is likely to State licensing requirements, the requesting an exemption from vision achieve a level of safety that is greater applicants demonstrated their ability to requirement in 49 CFR 391.41(b)(10) than, or equal to, the level that would operate a CMV with their limited vision and requested comments from the be achieved without the exemption. The in intrastate commerce, even though public (84 FR 16333). The public basis for this requirement is discussed at their vision disqualified them from comment period ended on May 20, length in Section IV of this notice. driving in interstate commerce. We 2019, and ten comments were received. Mr. Schave also suggested that the believe that the applicants’ intrastate FMCSA has evaluated the eligibility vision standard of 49 CFR 391.41(b)(10) driving experience and history provide of these applicants and determined that be changed, altering the requirements an adequate basis for predicting their granting the exemptions to these for distant visual acuity. This is outside ability to drive safely in interstate individuals would achieve a level of the scope of the current announcement. commerce. Intrastate driving, like safety equivalent to, or greater than, the interstate operations, involves IV. Basis for Exemption Determination level that would be achieved by substantial driving on highways on the complying with the current regulation Under 49 U.S.C. 31136(e) and 31315, interstate system and on other roads 49 CFR 391.41(b)(10). FMCSA may grant an exemption for up built to interstate standards. Moreover, The physical qualification standard to five years from the vision standard in driving in congested urban areas for drivers regarding vision found in 49 49 CFR 391.41(b)(10) if the exemption is exposes the driver to more pedestrian CFR 391.41(b)(10) states that a person is likely to achieve an equivalent or greater and vehicular traffic than exists on physically qualified to drive a CMV if level of safety than would be achieved interstate highways. Faster reaction to that person has distant visual acuity of without the exemption. The exemption traffic and traffic signals is generally at least 20/40 (Snellen) in each eye allows applicants to operate CMVs in required because distances between without corrective lenses or visual interstate commerce. FMCSA grants them are more compact. These acuity separately corrected to 20/40 exemptions from the FMCSRs for a two- conditions tax visual capacity and (Snellen) or better with corrective year period to align with the maximum driver response just as intensely as lenses, distant binocular acuity of a least duration of a driver’s medical interstate driving conditions. 20/40 (Snellen) in both eyes with or certification. The applicants in this notice have without corrective lenses, field of vision The Agency’s decision regarding these driven CMVs with their limited vision of at least 70° in the horizontal meridian exemption applications is based on in careers ranging for 3 to 66 years. In in each eye, and the ability to recognize medical reports about the applicants’ the past three years, one driver was the colors of traffic signals and devices vision, as well as their driving records involved in a crash, and one driver was showing red, green, and amber. and experience driving with the vision convicted of a moving violation in a deficiency. The qualifications, CMV. All the applicants achieved a III. Discussion of Comments experience, and medical condition of record of safety while driving with their FMCSA received ten comments in each applicant were stated and vision impairment that demonstrates the this proceeding. Merlon Cronkite discussed in detail in the April 18, likelihood that they have adapted their submitted a comment in support of 2019, Federal Register notice (84 FR driving skills to accommodate their FMCSA’s decision to exempt Bret 16333) and will not be repeated in this condition. As the applicants’ ample Graham from the vision requirement in notice. driving histories with their vision 49 CFR 391.41(b)(10). FMCSA recognizes that some drivers deficiencies are good predictors of Nicole Neft of the Minnesota do not meet the vision requirement but future performance, FMCSA concludes Department of Public Safety (MN DPS) have adapted their driving to their ability to drive safely can be submitted a comment stating that MN accommodate their limitation and projected into the future. DPS holds no objections to the decision demonstrated their ability to drive Consequently, FMCSA finds that in to grant exemptions to Vilas R. Adank, safely. The 12 exemption applicants each case exempting these applicants Lance S. Binner, and Stephen L. listed in this notice are in this category. from the vision requirement in 49 CFR Cornish. They are unable to meet the vision 391.41(b)(10) is likely to achieve a level

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of safety equal to that existing without would not be consistent with the goals ‘‘Search.’’ Next, click the ‘‘Open Docket the exemption. and objectives of 49 U.S.C. 31136 and Folder’’ button and choose the 31315. document to review. If you do not have V. Conditions and Requirements Issued on: June 7, 2019. access to the internet, you may view the The terms and conditions of the Larry W. Minor, docket online by visiting the Docket exemption are provided to the Associate Administrator for Policy. Management Facility in Room W12–140 applicants in the exemption document on the ground floor of the DOT West and includes the following: (1) Each [FR Doc. 2019–12490 Filed 6–12–19; 8:45 am] Building, 1200 New Jersey Avenue SE, driver must be physically examined BILLING CODE 4910–EX–P Washington, DC 20590, between 9 a.m. every year (a) by an ophthalmologist or and 5 p.m., ET, Monday through Friday, optometrist who attests that the vision DEPARTMENT OF TRANSPORTATION except Federal holidays. in the better eye continues to meet the B. Privacy Act standard in 49 CFR 391.41(b)(10) and (b) Federal Motor Carrier Safety by a certified Medical Examiner who Administration In accordance with 5 U.S.C. 553(c), attests that the individual is otherwise DOT solicits comments from the public physically qualified under 49 CFR [Docket No. FMCSA–2010–0203; FMCSA– 2016–0011; FMCSA–2016–0313] to better inform its rulemaking process. 391.41; (2) each driver must provide a DOT posts these comments, without copy of the ophthalmologist’s or Qualification of Drivers; Exemption edit, including any personal information optometrist’s report to the Medical Applications; Epilepsy and Seizure the commenter provides, to Examiner at the time of the annual Disorders www.regulations.gov, as described in medical examination; and (3) each the system of records notice (DOT/ALL– driver must provide a copy of the AGENCY: Federal Motor Carrier Safety 14 FDMS), which can be reviewed at annual medical certification to the Administration (FMCSA), DOT. www.dot.gov/privacy. employer for retention in the driver’s ACTION: Notice of final disposition. qualification file, or keep a copy in his/ II. Background her driver’s qualification file if he/she is SUMMARY: FMCSA announces its On April 1, 2019, FMCSA published self-employed. The driver must also decision to renew exemptions for nine a notice announcing its decision to have a copy of the exemption when individuals from the requirement in the renew exemptions for nine individuals driving, for presentation to a duly Federal Motor Carrier Safety from the epilepsy and seizure disorders authorized Federal, State, or local Regulations (FMCSRs) that interstate prohibition in 49 CFR 391.41(b)(8) to enforcement official. commercial motor vehicle (CMV) drivers have ‘‘no established medical operate a CMV in interstate commerce VI. Preemption history or clinical diagnosis of epilepsy and requested comments from the During the period the exemption is in or any other condition which is likely public (84 FR 12320). The public effect, no State shall enforce any law or to cause loss of consciousness or any comment period ended on May 1, 2019, regulation that conflicts with this loss of ability to control a CMV.’’ The and no comments were received. exemption with respect to a person exemptions enable these individuals As stated in the previous notice, operating under the exemption. who have had one or more seizures and FMCSA has evaluated the eligibility of are taking anti-seizure medication to these applicants and determined that VII. Conclusion continue to operate CMVs in interstate renewing these exemptions would Based upon its evaluation of the 12 commerce. achieve a level of safety equivalent to, exemption applications, FMCSA DATES: The exemptions were applicable or greater than, the level that would be exempts the following drivers from the on February 3, 2019. The exemptions achieved by complying with the current vision requirement, 49 CFR expire on February 3, 2021. regulation 49 CFR 391.41(b)(8). 391.41(b)(10), subject to the FOR FURTHER INFORMATION CONTACT: Ms. The physical qualification standard requirements cited above: Christine A. Hydock, Chief, Medical for drivers regarding epilepsy found in Vilas R. Adank (MN) Programs Division, (202) 366–4001, 49 CFR 391.41(b)(8) states that a person Lance S. Binner (MN) [email protected], FMCSA, is physically qualified to drive a CMV Jody E. Bondi (AZ) Department of Transportation, 1200 if that person has no established Stephen L. Cornish (MN) New Jersey Avenue SE, Room W64–224, medical history or clinical diagnosis of Dale A. Dodson (KS) Washington, DC 20590–0001. Office epilepsy or any other condition which Jorge Estol (FL) hours are from 8:30 a.m. to 5 p.m., ET, is likely to cause the loss of Bret S. Graham (ME) consciousness or any loss of ability to Daniel W. Hodge (TN) Monday through Friday, except Federal Russell P. Kosinko (PA) holidays. If you have questions control a CMV. Joe M. Perez (TX) regarding viewing or submitting In addition to the regulations, FMCSA Samuel Sanchez (NY) material to the docket, contact Docket has published advisory criteria to assist Curtis M. Tharpe (VA) Services, telephone (202) 366–9826. Medical Examiners in determining In accordance with 49 U.S.C. 31136(e) SUPPLEMENTARY INFORMATION: whether drivers with certain medical and 31315, each exemption will be valid I. Public Participation conditions are qualified to operate a for two years from the effective date CMV in interstate commerce. [49 CFR unless revoked earlier by FMCSA. The A. Viewing Documents and Comments part 391, APPENDIX A TO PART 391— exemption will be revoked if the To view comments, as well as any MEDICAL ADVISORY CRITERIA, following occurs: (1) The person fails to documents mentioned in this notice as section H. Epilepsy: § 391.41(b)(8), comply with the terms and conditions being available in the docket, go to paragraphs 3, 4, and 5.] of the exemption; (2) the exemption has http://www.regulations.gov. Insert the III. Discussion of Comments resulted in a lower level of safety than docket number, FMCSA–2010–0203; was maintained prior to being granted; FMCSA–2016–0011; FMCSA–2016– FMCSA received no comments in this or (3) continuation of the exemption 0313, in the keyword box, and click proceeding.

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IV. Conclusion ACTION: Notice and request for transportation. DOT’s final rule, Based on its evaluation of the nine comments. Transportation Priorities and Allocation System (TPAS), published October renewal exemption applications, SUMMARY: The Department of FMCSA announces its decision to 2012, requires this information Transportation (DOT) invites public collection. Form OST F 1254, Request exempt the following drivers from the comments about our intention to request epilepsy and seizure disorders for Special Priorities Assistance, would the Office of Management and Budget be filled out by private sector prohibition in 49 CFR 391.41(b)(8). (OMB) approval to renew an In accordance with 49 U.S.C. 31136(e) applicants, such as transportation information collection. The collection companies or organizations. The private and 31315, the following groups of involves information required in an drivers received renewed exemptions in sector applicant must submit company application to request Special Priorities information, the services or items for the month of February and are Assistance. The information to be discussed below. As of February 2019, which the assistance is requested, and collected is necessary to facilitate the specific information about those and in accordance with 49 U.S.C. supply of civil transportation resources 31136(e) and 31315, the following nine services or items. to promote the national defense. We are Respondents: Private sector individuals have satisfied the renewal required to publish this notice in the applicants, such as transportation conditions for obtaining an exemption Federal Register by the Paperwork companies or organizations. from the epilepsy and seizure disorders Reduction Act of 1995. A 60-day notice Number of Respondents: We estimate prohibition in the FMCSRs for interstate was published in the Federal Register 6 respondents. CMV drivers (84 FR 12320): on March 25, 2019. No comments were Total Annual Burden: We estimate an Ryan Babler (WI) received. average burden of 30 minutes per James Connelly (NJ) DATES: Written comments should be respondent for an estimated total annual Ricky Conway, Jr. (MO) submitted by July 15, 2019. burden of 3 hours. Bradley Hollister (PA) ADDRESSES: Your comments should be Public Comments Invited: You are Henrietta Ketcham (NY) identified by Docket No. DOT–OST– asked to comment on any aspect of this Michael Merical (NY) 2015–0271 and may be submitted information collection, including (a) Elvin P. Morgan (CA) through one of the following methods: Whether the proposed collection of Larry Nicholson (NC) • Office of Management and Budget, information is necessary for the Daniel Zielinski (OR) Attention: Desk Officer for U.S. Department’s performance; (b) the The drivers were included in docket Department of Transportation, Office of accuracy of the estimated burden; (c) numbers FMCSA–2010–0203; FMCSA– Information and Regulatory Affairs, ways for the Department to enhance the 2016–0011; FMCSA–2016–0313. Their Office of Management and Budget, quality, utility and clarity of the exemptions are applicable as of Docket Library, Room 10102, 725 17th information collection; and (d) ways February 3, 2019, and will expire on Street NW, Washington, DC 20503. that the burden could be minimized February 3, 2021. • Email: oira_submission@ without reducing the quality of the In accordance with 49 U.S.C. 31315, omb.eop.gov. collected information. The agency will each exemption will be valid for two • Fax: (202) 395–5806. Attention: summarize and/or include your years from the effective date unless DOT/OST Desk Officer. comments in the request for OMB’s clearance of this information collection. revoked earlier by FMCSA. The FOR FURTHER INFORMATION CONTACT: Authority: The Paperwork Reduction exemption will be revoked if the Anita Womack, 202–366–2250, Office of Act of 1995; 44 U.S.C. Chapter 35, as following occurs: (1) The person fails to Intelligence, Security and Emergency amended; and 49 CFR 1:48. comply with the terms and conditions Response, Office of the Secretary of of the exemption; (2) the exemption has Transportation, U.S. Department of Issued in Washington, DC, on June 7, 2019. resulted in a lower level of safety than Transportation, 1200 New Jersey Donna O’Berry, was maintained prior to being granted; Avenue SE, Washington, DC 20590. Deputy Director, Office of Intelligence, or (3) continuation of the exemption SUPPLEMENTARY INFORMATION: Security and Emergency Response. would not be consistent with the goals OMB Control Number: 2105–0567. [FR Doc. 2019–12488 Filed 6–12–19; 8:45 am] and objectives of 49 U.S.C. 31136 and Title: Prioritization and Allocation BILLING CODE 4910–9X–P 31315. Authority Exercised by the Secretary of Issued on: June 7, 2019. Transportation Under the Defense Larry W. Minor, Production Act. DEPARTMENT OF THE TREASURY Associate Administrator for Policy. Form Numbers: OST F 1254. [FR Doc. 2019–12491 Filed 6–12–19; 8:45 am] Type of Review: Renewal of a Internal Revenue Service BILLING CODE 4910–EX–P previously approved information collection. Proposed Collection; Comment Background: The Defense Production Request for Form 8824 DEPARTMENT OF TRANSPORTATION Act Reauthorization of 2009 (Pub. L. AGENCY: Internal Revenue Service (IRS), 111–67, September 30, 2009) requires [Docket No. DOT–OST–2015–0271] Treasury. each Federal agency with delegated ACTION: Notice and request for Agency Request for Renewal of a authority under section 101 of the comments. Previously Approved Information Defense Production Act of 1950, as Collection: Prioritization and amended (50 U.S.C. App. Sec. 2061 et SUMMARY: The Internal Revenue Service, Allocation Authority Exercised by the seq.) to issue final rules establishing as part of its continuing effort to reduce Secretary of Transportation Under the standards and procedures by which the paperwork and respondent burden, Defense Production Act priorities and allocations authority is invites the general public and other used to promote the national defense. Federal agencies to take this AGENCY: Office of the Secretary of The Secretary of Transportation has the opportunity to comment on information Transportation, DOT. delegated authority for all forms of civil collections, as required by the

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Paperwork Reduction Act of 1995. The section 1043 from conflict-of-interest tax return information are confidential, IRS is soliciting comments concerning sales by certain members of the as required by 26 U.S.C. 6103. Form 8824, Like-Kind Exchanges. executive branch of the Federal Request for Comments: Comments DATES: Written comments should be government. submitted in response to this notice will received on or before August 12, 2019 Current Actions: There is no changes be summarized and/or included in the to be assured of consideration. in the paperwork burden previously request for OMB approval. All ADDRESSES: Direct all written comments approved by OMB. comments will become a matter of to Laurie Brimmer, Internal Revenue Type of Review: Extension of a public record. Comments are invited on: Service, Room 6526, 1111 Constitution currently approved collection. (a) Whether the collection of Avenue NW, Washington, DC 20224. Affected Public: Individuals or information is necessary for the proper performance of the functions of the FOR FURTHER INFORMATION CONTACT: households and business or other for- agency, including whether the Requests for additional information or profit organizations. information shall have practical utility; copies of the form and instructions Estimated Number of Respondents: (b) the accuracy of the agency’s estimate should be directed to Sara Covington, 137,547. of the burden of the collection of (202)317–6038, at Internal Revenue Estimated Number of Respondent: 4 information; (c) ways to enhance the Service, Room 6526, 1111 Constitution hours, 50 minutes. quality, utility, and clarity of the Avenue NW, Washington, DC 20224, or Estimated Total Annual Burden information to be collected; (d) ways to through the internet at Hours: 665,269. minimize the burden of the collection of [email protected]. The following paragraph applies to all information on respondents, including SUPPLEMENTARY INFORMATION: of the collections of information covered through the use of automated collection Title: Like-Kind Exchanges. by this notice: techniques or other forms of information OMB Number: 1545–1190. An agency may not conduct or technology; and (e) estimates of capital Form Number: 8824. sponsor, and a person is not required to or start-up costs and costs of operation, Abstract: Form 8824 is used by respond to, a collection of information maintenance, and purchase of services individuals, corporations, partnerships, unless the collection of information to provide information. and other entities to report the exchange displays a valid OMB control number. of business or investment property, and Books or records relating to a collection Approved: May 28, 2019. the deferral of gains from such of information must be retained as long Laurie Brimmer, transactions under Internal Revenue as their contents may become material Senior Tax Analyst. Code section 1031. It is also used to in the administration of any internal [FR Doc. 2019–12477 Filed 6–12–19; 8:45 am] report the deferral of gain under Code revenue law. Generally, tax returns and BILLING CODE 4830–01–P

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Part II

The President

Memorandum of May 24, 2019—Delegation of Functions and Authorities Under the Nicaragua Human Rights and Anticorruption Act of 2018 Memorandum of May 24, 2019—Delegation of Functions and Authorities Under the Sanctioning the Use of Civilians as Defenseless Shields Act Proclamation 9905—Flag Day and National Flag Week, 2019 Presidential Determination No. 2019–13 of June 10, 2019—Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950, as Amended

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Federal Register Presidential Documents Vol. 84, No. 114

Thursday, June 13, 2019

Title 3— Memorandum of May 24, 2019

The President Delegation of Functions and Authorities Under the Nicaragua Human Rights and Anticorruption Act of 2018

Memorandum for the Secretary of State [and] the Secretary of the Treas- ury

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby: (a) delegate to the Secretary of the Treasury, in consultation with the Secretary of State, the functions and authorities vested in the President by section 5(a) of the Nicaragua Human Rights and Anticorruption Act of 2018 (Public Law 115–335) (the ‘‘Act’’), with respect to making a deter- mination under the standards set forth in sections 5(a)(1)–(4) of the Act; (b) delegate to the Secretary of the Treasury the functions and authorities vested in the President by section 5(a) of the Act, with respect to the imposition of the sanctions in section 5(c)(1)(A) of the Act following a determination by the Secretary of the Treasury under section 5(a); (c) delegate to the Secretary of the Treasury, in consultation with the Secretary of State, the functions and authorities vested in the President by section 5(d) of the Act; (d) delegate to the Secretary of State the functions and authorities vested in the President by section 5(a) of the Act, with respect to the imposition of the sanctions in section 5(c)(1)(B) of the Act following a determination by the Secretary of the Treasury under section 5(a); and (e) delegate to the Secretary of State, in consultation with the Secretary of the Treasury, the functions and authorities vested in the President by section 6(b) of the Act. The functions and authorities delegated by this memorandum shall be exer- cised in coordination with departments and agencies through the National Security Presidential Memorandum–4 process. Any reference in this memo- randum to the Act shall be deemed to be a reference to any future Act that is the same or substantially the same as such provision.

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The Secretary of State is authorized and directed to publish this memo- randum in the Federal Register.

THE WHITE HOUSE, Washington, May 24, 2019

[FR Doc. 2019–12695 Filed 6–12–19; 11:15 am] Billing code 4710–10–P

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Memorandum of May 24, 2019

Delegation of Functions and Authorities Under the Sanc- tioning the Use of Civilians as Defenseless Shields Act

Memorandum for the Secretary of State [and] the Secretary of the Treas- ury

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby: (a) delegate to the Secretary of State the functions and authorities vested in the President by section 3(g) of the Sanctioning the Use of Civilians as Defenseless Shields Act Public Law 115–348) (the ‘‘Act’’); and (b) delegate to the Secretary of the Treasury, in consultation with the Secretary of State, the functions and authorities vested in the President by sections 3(a), 3(b), 3(c), 3(d)(1), and 3(h) of the Act. The functions and authorities delegated by this memorandum shall be exer- cised in coordination with departments and agencies through the National Security Presidential Memorandum–4 process. Any reference in this memo- randum to the Act shall be deemed to be a reference to any future Act that is the same or substantially the same as such provision. The Secretary of State is authorized and directed to publish this memo- randum in the Federal Register.

THE WHITE HOUSE, Washington, May 24, 2019

[FR Doc. 2019–12696

Filed 6–12–19; 11:15 am] Billing code 4710–10–P

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Proclamation 9905 of June 7, 2019 Flag Day and National Flag Week, 2019

By the President of the United States of America

A Proclamation On Flag Day and during National Flag Week, we celebrate and honor our Nation’s lasting emblem, our great American flag. Since the Second Conti- nental Congress adopted its design more than 200 years ago, the Stars and Stripes has been a powerful symbol of freedom, hope, and opportunity. We fly Old Glory from government buildings, schools, city halls, police and fire stations, stores, offices, and our front porches. Wherever Americans are gathered—sporting events, places of worship, parades, and rallies—our flag waves proudly, representing the enduring spirit of our country. The American flag helps us to never forget the values of our Republic, and the valor of the men and women in uniform who have defended it. When we look at the red, white, and blue, we are filled with the same spirit of patriotism that stirred Francis Scott Key to pen the ‘‘Star Spangled Banner’’ during the withering bombardment of Fort McHenry in 1812. We are reminded of the blood spilled across generations to safeguard liberty. We are prompted to reflect with pride on the purity and righteousness of our cause—the same pride that swelled in the hearts of our boys as they took the beaches of Normandy, and as they raised the flag on Iwo Jima. And we are strengthened in our resolve to pursue justice and safeguard the rule of law, so that freedom can march on. Today, and all throughout the week, let us recommit ourselves to the prin- ciples upon which our country was founded. With grateful hearts, let us reflect upon the price of freedom, and the brave souls who gave their last full measure to preserve it. As we raise our flag, as we stand and salute or place our hands over our hearts, let us renew our sacred pledge that we will forever remain ‘‘one Nation under God, indivisible, with liberty and justice for all.’’ To commemorate the adoption of our flag, the Congress, by joint resolution approved August 3, 1949, as amended (63 Stat. 492), designated June 14 of each year as ‘‘Flag Day’’ and requested that the President issue an annual proclamation calling for its observance and for the display of the flag of the United States on all Federal Government buildings. The Congress also requested, by joint resolution approved June 9, 1966, as amended (80 Stat. 194), that the President issue annually a proclamation designating the week in which June 14 occurs as ‘‘National Flag Week’’ and calling upon all citizens of the United States to display the flag during that week. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, do hereby proclaim June 14, 2019, as Flag Day, and the week starting June 9, 2019, as National Flag Week. I direct the appropriate officials to display the flag on all Federal Government buildings during this week, and I urge all Americans to observe Flag Day and National Flag Week by displaying the flag. I also encourage the people of the United States to observe with pride and all due ceremony those days from Flag Day through Independence Day, set aside by the Congress (89 Stat. 211), as a time to honor America, to celebrate our heritage in public gatherings and activities, and to publicly recite the Pledge of Allegiance to the Flag of the United States of America.

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IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of June, in the year of our Lord two thousand nineteen, and of the Independ- ence of the United States of America the two hundred and forty-third.

[FR Doc. 2019–12697 Filed 6–12–19; 11:15 am] Billing code 3295–F9–P

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Presidential Determination No. 2019–13 of June 10, 2019

Presidential Determination Pursuant to Section 303 Defense Production Act of 1950, as Amended

Memorandum for the Secretary of Defense

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 303 of the Defense Production Act of 1950, as amended (the ‘‘Act’’) (50 U.S.C. 4533), I hereby determine, pursuant to section 303(a)(5) of the Act, that the domestic produc- tion capability for small unmanned aerial systems is essential to the national defense. Without Presidential action under section 303 of the Act, United States industry cannot reasonably be expected to provide the production capability for small unmanned aerial systems adequately and in a timely manner. Further, purchases, purchase commitments, or other action pursuant to sec- tion 303 of the Act are the most cost-effective, expedient, and practical alternative method for meeting the need for this critical capability. You are authorized and directed to publish this memorandum in the Federal Register.

THE WHITE HOUSE, Washington, June 10, 2019

[FR Doc. 2019–12698 Filed 6–12–19; 11:15 am] Billing code 5001–06–P

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Reader Aids Federal Register Vol. 84, No. 114 Thursday, June 13, 2019

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JUNE

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. 39 ...... 25982, 25984, 26331, Presidential Documents 3 CFR 26334, 26546, 26548, 26556, Executive orders and proclamations 741–6000 Proclamations: 26743, 27193, 27503, 27506, The United States Government Manual 741–6000 9897...... 26313 27508, 27511 9898...... 26315 Other Services 71 ...... 25679, 26341, 26342, 9899...... 26317 26343, 26558, 26746 741–6020 Electronic and on-line services (voice) 9900...... 26319 97...... 26748, 26749 Privacy Act Compilation 741–6050 9901...... 26321 Proposed Rules: 9902...... 26323 25...... 26593 9903...... 26737 ELECTRONIC RESEARCH 39 ...... 26023, 26025, 26027, 9904...... 27501 26373, 26598, 26601, 26775, World Wide Web 9905...... 27699 26778, 26781, 27042 Executive Orders: 71 ...... 25497, 26376, 26377, Full text of the daily Federal Register, CFR and other publications 11888 (Amended by 27044 is located at: www.govinfo.gov. Proc. 9902) ...... 26323 121...... 25499 Federal Register information and research tools, including Public Administrative Orders: 135...... 25499 Inspection List and electronic text are located at: Memorandums: www.federalregister.gov. Memorandum of May 15 CFR 24, 2019 ...... 27695 705...... 26751 E-mail Memorandum of May 740...... 25986 FEDREGTOC (Daily Federal Register Table of Contents Electronic 24, 2019 ...... 27697 746...... 25986 Mailing List) is an open e-mail service that provides subscribers Presidential 801...... 27197 with a digital form of the Federal Register Table of Contents. The Determinations: digital form of the Federal Register Table of Contents includes Presidential 18 CFR HTML and PDF links to the full text of each document. Determination 2019– 401...... 27035 13 ...... 27701 To join or leave, go to https://public.govdelivery.com/accounts/ 420...... 27035 USGPOOFR/subscriber/new, enter your email address, then 5 CFR 21 CFR follow the instructions to join, leave, or manage your 894...... 26543 subscription. 1100...... 27200 Proposed Rules: 1140...... 27200 PENS (Public Law Electronic Notification Service) is an e-mail 532...... 26767 1143...... 27200 service that notifies subscribers of recently enacted laws. 1650...... 26769 Proposed Rules: 1651...... 26769 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 16...... 27543 and select Join or leave the list (or change settings); then follow 6 CFR 1107...... 27543 the instructions. Proposed Rules: 22 CFR FEDREGTOC and PENS are mailing lists only. We cannot 31...... 25495 respond to specific inquiries. 42...... 25989 7 CFR Reference questions. Send questions and comments about the 25 CFR Federal Register system to: [email protected] 3434...... 26544 Proposed Rules: Proposed Rules: The Federal Register staff cannot interpret specific documents or 30...... 26785 regulations. 340...... 26514 372...... 26514 26 CFR FEDERAL REGISTER PAGES AND DATE, JUNE 10 CFR 1...... 26559, 27513 170...... 25679 Proposed Rules: 25493–25678...... 3 171...... 25679 1...... 26605 25679–25974...... 4 Proposed Rules: 30 CFR 25975–26330...... 5 50...... 27209 26331–26542...... 6 171...... 26774 Proposed Rules: 26543–26738...... 7 913...... 26802 12 CFR 26739–27026...... 10 31 CFR 27027–27192...... 11 50...... 25975 27193–27502...... 12 249...... 25975 515...... 25992 268...... 27027 27503–27702...... 13 32 CFR 329...... 25975 171...... 27201 13 CFR Proposed Rules: 33 CFR 115...... 25496 100 ...... 25680, 26565, 27036 117...... 26764, 27036 14 CFR 147...... 27036 25 ...... 25978, 26739, 26741 165 ...... 25993, 25995, 26567,

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26569, 26571, 26572, 26574, 40 CFR 498...... 26578 54...... 27570 27036, 27039, 27531 52 ...... 26019, 26347, 26349, Proposed Rules: 64...... 26379 Proposed Rules: 27039, 27202 Ch. IV...... 27070 96...... 26634 165 ...... 25506, 25721, 25723, 80...... 26980 482...... 27069 27210 180...... 26352 485...... 27069 48 CFR 271...... 26359 Ch.1 ...... 27494, 27497 44 CFR 34 CFR 300...... 26576 15...... 27494 Ch. II ...... 25682 355...... 27533 206...... 25685 225...... 25996 Proposed Rules: 45 CFR 49 CFR Proposed Rules: 52 ...... 26030, 26031, 26041, 541...... 27205 26047, 26049, 26053, 26057, 88...... 26580 Ch. III ...... 26623 Proposed Rules: 26379, 26804, 26806, 27046, 600...... 27404 46 CFR 270...... 27215 602...... 27404 27049, 27053, 27055, 27212, 10...... 26580 271...... 27215 603...... 27404 27559, 27566 11...... 26580 1152...... 26387 654...... 27404 63...... 25904 70...... 27055 15...... 26580 668...... 27404 50 CFR 674...... 27404 81...... 26627, 27566 180...... 26630 47 CFR 17...... 26393 239...... 26632 1...... 26363 300...... 25493 36 CFR 271...... 27057 2...... 25685 622...... 26022 Proposed Rules: 300...... 25509, 25725 5...... 25685 635...... 25707 220...... 27544 721...... 27061 15...... 25685 648...... 26766 27...... 26363 660...... 25708 42 CFR 38 CFR 64...... 25692, 26364 665...... 26394 412...... 26360 Proposed Rules: 679...... 25494 17...... 25998, 26278 422...... 26578 1 ...... 25514, 26234, 26634 Proposed Rules: 423...... 25610, 26578 2...... 25514 622...... 27576 39 CFR 438...... 26578 25...... 25514 648...... 26634 20...... 26345 460...... 25610 27...... 25514 660...... 27072

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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 June 11, 2019 Notification Service publaws-l.html (PENS) Note: No public bills which Note: This service is strictly have become law were for E-mail notification of new received by the Office of the PENS is a free electronic mail laws. The text of laws is not Federal Register for inclusion notification service of newly available through this service. PENS cannot respond to specific inquiries sent to this address.

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