Vol. 83 Wednesday, No. 211 October 31, 2018

Pages 54663–54860

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 83, No. 211

Wednesday, October 31, 2018

Agency for Healthcare Research and Quality Defense Acquisition Regulations System NOTICES RULES Patient Safety Organizations: Defense Federal Acquisition Regulation Supplement: Voluntary Relinquishment from Fides, LLC, 54754 Mentor-Protege Program Modifications, 54677–54679 Repeal of DFARS Clause Acquisition Streamlining, Agriculture Department 54676–54677 See Forest Service Repeal of DFARS Clause Option for Supervision and See Rural Business-Cooperative Service Inspection Services, 54680–54681 See Rural Utilities Service Repeal of DFARS Provision Bonds or Other Security, 54679–54680 Army Department Update of Clause on Section 8(a) Direct Award, 54681– NOTICES 54682 Performance Review Board Membership, 54726–54727 PROPOSED RULES Defense Federal Acquisition Regulation Supplement: Bureau of the Fiscal Service Amendments Related to General Solicitations, 54698– NOTICES 54700 Fee Schedule for the Transfer of U.S. Treasury Book-Entry Brand Name or Equal, 54696–54698 Securities Held on the National Book-Entry System, 54807–54808 Defense Department Rate to Be Used for Federal Debt Collection, and Discount See Army Department and Rebate Evaluation, 54808 See Defense Acquisition Regulations System See Engineers Corps Centers for Disease Control and Prevention See Navy Department NOTICES NOTICES Meetings: Charter Renewals: Vessel Sanitation Program; Annual Program Status, Federal Advisory Committees, 54727–54728 54754–54755 Delaware River Basin Commission Centers for Medicare & Medicaid Services NOTICES NOTICES Privacy Act; Matching Programs, 54755–54756 Hearings and Meetings, 54729

Civil Rights Commission Education Department NOTICES NOTICES Meetings: Agency Information Collection Activities; Proposals, Arkansas Advisory Committee, 54706–54707 Submissions, and Approvals: Missouri Advisory Committee, 54705–54706 Study of Reliability and Consequential Validity of Texas Advisory Committee, 54706 Mathematics Diagnostic Assessment System in Georgia, 54729–54730 Coast Guard Submission of Data by State Educational Agencies: NOTICES Submission Dates for State Revenue and Expenditure Agency Information Collection Activities; Proposals, Reports for Fiscal Year 2018, Revisions to Those Submissions, and Approvals, 54759–54760 Reports, and Revisions to Prior Fiscal Year Reports, 54730–54732 Commerce Department See Foreign-Trade Zones Board Energy Department See International Trade Administration See Federal Energy Regulatory Commission See National Oceanic and Atmospheric Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Commerce Alternative Personnel System, 54707–54708 Submissions, and Approvals, 54732–54733 Meetings: Comptroller of the Currency Hydrogen and Fuel Cell Technical Advisory Committee, NOTICES 54732 Agency Information Collection Activities; Proposals, Submissions, and Approvals; Company-Run Annual Stress Test Reporting Template Engineers Corps and Documentation for Covered Institutions with NOTICES Total Consolidated Assets of $100 Billion or More Environmental Impact Statements; Availability, etc.: under the Dodd-Frank Wall Street Reform and Nebraska Department of Transportation U.S. Highway Consumer Protection Act, 54805–54806 275 West Point to Scribner Project, 54728–54729

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Environmental Protection Agency Federal Deposit Insurance Corporation RULES NOTICES Expedited Approval of Alternative Test Procedures for the Agency Information Collection Activities; Proposals, Analysis of Contaminants under the Safe Drinking Submissions, and Approvals, 54753–54754 Water Act; Analysis and Sampling Procedures, 54676 PROPOSED RULES Federal Energy Regulatory Commission Air Quality Planning and Management: NOTICES Indian Country: Federal Implementation Plan for the Agency Information Collection Activities; Proposals, Kalispel Indian Community of the Kalispel Submissions, and Approvals, 54737–54740 Reservation, Washington; Redesignation to a PSD Combined Filings, 54733–54737 Class I Area, 54691–54696 Environmental Assessments; Availability, etc.: NOTICES McMahan Hydroelectric, LLC, 54737 Agency Information Collection Activities; Proposals, Filings: Submissions, and Approvals: Avista Corporation, 54735 Air Emissions Reporting Requirements, 54742–54743 PE Hydro Generation, LLC, 54735–54736 Contractor Cumulative Claim and Reconciliation, 54743– Initial Market-Based Rate Filings Including Requests for 54744 Blanket Section 204 Authorizations: National Emission Standards for Hazardous Air Gateway Energy Storage, LLC, 54740 Pollutants for Inorganic Arsenic Emissions from Pace Renewable Energy 1, LLC, 54734 Glass Manufacturing Plants, 54751 Preliminary Determinations of Qualifying Conduit National Emission Standards for Hazardous Air Hydropower Facilities: Pollutants for Inorganic Arsenic Emissions from Haights Creek Irrigation Company, 54740–54741 Primary Copper Smelters, 54744 National Emission Standards for Hazardous Air Federal Highway Administration Pollutants for Iron and Steel Foundries Area Sources, NOTICES 54741–54742 Federal Agency Actions: National Emission Standards for Hazardous Air Proposed Highway in California, 54804–54805 Pollutants for Rubber Tire Manufacturing, 54748– 54749 National Emission Standards for Hazardous Air Fiscal Service Pollutants for Vinyl Chloride, 54745–54746 NOTICES National Emission Standards for Hazardous Air Agency Information Collection Activities; Proposals, Pollutants for Wood Furniture Manufacturing Submissions, and Approvals: Operations, 54746–54747 Application for Disposition of Retirement Plan and/or New Source Performance Standards for Hot Mix Asphalt Individual Retirement Bonds without Administration Facilities, 54747–54748 of Deceased Owner’s Estate, 54809–54810 New Source Performance Standards for Lime Claims Against the United States for Amounts Due in the Manufacturing, 54748 Case of a Deceased Creditor, 54806–54807 New Source Performance Standards for Metal Coil Collateral Security Resolution and Collateral Pledge and Surface Coating, 54744–54745 Security Agreement, 54810 New Source Performance Standards for Primary and Notice of Reclamation—Electronic Funds Transfer, Secondary Emissions from Basic Oxygen Furnaces, Federal Recurring Payment, 54807 54751–54752 States Where Licensed for Surety, 54808–54809 Servicing of Motor Vehicle Air Conditioners, 54749– Voucher for Payment of Awards, 54809 54750 Fee Schedule for the Transfer of U.S. Treasury Book-Entry Trade Secrets Claims for Community Right-to-Know and Securities Held on the National Book-Entry System, Emergency Planning, 54750–54751 54807–54808 Rate to Be Used for Federal Debt Collection, and Discount and Rebate Evaluation, 54808 Federal Aviation Administration RULES Fish and Wildlife Service Airworthiness Directives: NOTICES Pratt and Whitney Division (PW) Turbofan Engines, Environmental Assessments; Availability, etc.: 54663–54665 Draft City of Rancho Palos Verdes Natural Community NOTICES Conservation Plan and Habitat Conservation Plan, Agency Information Collection Activities; Proposals, City of Rancho Palos Verdes, Los Angeles County, Submissions, and Approvals: CA, 54769–54771 Certification of Airmen for the Operation of Light-Sport Records of Decision: Aircraft, 54803–54804 Otay River Estuary Restoration Project, South San Diego Certification: Airmen Other Than Flight Crewmembers, Bay Unit of the San Diego Bay National Wildlife Subpart C, Aircraft Dispatchers and App. A Aircraft Refuge, CA, 54771–54772 Dispatcher, 54803 Food and Drug Administration Federal Communications Commission RULES NOTICES Termination of Listing of Color Additive Exempt From Meetings; Sunshine Act, 54752–54753 Certification; Lead Acetate, 54665–54674

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NOTICES Interior Department Meetings: See Fish and Wildlife Service Science Advisory Board to the National Center for See Geological Survey Toxicological Research Advisory Committee, 54756– See Land Management Bureau 54757 See National Park Service

Foreign-Trade Zones Board Internal Revenue Service NOTICES NOTICES Disapproval of Production Authority: Meetings: Kravet, Inc., Subzone 38G, Anderson, SC, 54712–54713 Taxpayer Advocacy Panel Joint Committee, 54810 PBR, Inc. d/b/a SKAPS Industries, Foreign-Trade Zone 26, Athens, GA, 54708–54709 Expansions under Alternative Site Framework: International Trade Administration Foreign-Trade Zone 15, Kansas City, MO, 54711–54712 NOTICES Production Activities: Antidumping or Countervailing Duty Investigations, Orders, AGRU America Charleston, LLC, Foreign-Trade Zone 21, or Reviews: Charleston, SC, 54712 Stainless Steel Bar from Brazil, 54715–54717 Flemish Master Weavers, Foreign-Trade Zone 186, Determinations of Sales at Less than Fair Value: Waterville, ME, 54709 Glycine from India, 54713–54715 ModusLink Corp., Foreign-Trade Zone 244, Riverside Glycine from Japan, 54718–54720 County, CA, 54709 Glycine from Thailand, 54717–54718 Production Authority Not Approved: CSI Calendering, Inc., Foreign-Trade Zone 39, Arlington, International Trade Commission TX, 54713 NOTICES Proposed Production Activities: Investigations; Determinations, Modifications, and Rulings, Calsonic Kansei North America, Shelbyville and etc.: Lewisburg, TN, 54710–54711 Certain Industrial Automation Systems and Components Reorganizations and Expansions under Alternative Site Thereof Including Control Systems, Controllers, Frameworks: Visualization Hardware, Motion and Motor Control Foreign-Trade Zone 198, Volusia and Flagler Counties, Systems, Networking Equipment, Safety Devices, and FL, 54710 Power Supplies, 54777–54778 Reorganizations under Alternative Site Frameworks: Magnesium from Israel, 54778–54779 Foreign-Trade Zone 25, Broward County, FL, 54712 Foreign-Trade Zone 29, Louisville, KY, 54709–54710 Justice Department NOTICES Forest Service Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, 2018–2020 Survey of State Criminal History Information Submissions, and Approvals: Systems, 54780–54781 Whole Enchilada Trail: Conditions, User Experience and Proposed Consent Decrees: Comment Survey 2019, 54701–54702 CERCLA, 54780 Environmental Impact Statements; Availability, etc.: Clean Air Act, et al., 54781 Granite Meadows Project, Payette National Forest, Idaho, Proposed Stipulations: 54702–54704 Clean Air Act, Emergency Planning and Community Right-to-Know Act, CERCLA, 54779 Geological Survey NOTICES Land Management Bureau Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, USA National Phenology Network—The Nature’s Submissions, and Approvals: Notebook Plant and Animal Observing Program, Protection, Management, and Control of Wild Horses and 54772–54773 Burros, 54773–54774 Filings of Plat Survey: Health and Human Services Department Eastern States, 54774–54775 See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services National Aeronautics and Space Administration See Food and Drug Administration NOTICES See National Institutes of Health Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 54782–54784 Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals, 54757–54758 NASA Advisory Council; Regulatory and Policy Committee, 54781–54782 Homeland Security Department See Coast Guard National Archives and Records Administration See Transportation Security Administration NOTICES See U.S. Citizenship and Immigration Services Records Schedules, 54784–54786

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National Institutes of Health Presidential Documents NOTICES PROCLAMATIONS Meetings: Camp Nelson National Monument; Establishment (Proc. Center for Scientific Review, 54758 9811), 54843–54849 National Institute of Diabetes and Digestive and Kidney Special Observances: Diseases, 54759 Honoring the Victims of the Tragedy in Pittsburgh, PA National Institute of Nursing Research, 54758–54759 (Proc. 9812), 54851 National Institute on Minority Health and Health Trade: Disparities, 54758 Generalized System of Preferences Duty-Free Treatment; Modifications (Proc. 9813), 54853–54860 National Oceanic and Atmospheric Administration ADMINISTRATIVE ORDERS NOTICES National Defense Authorization Act for Fiscal Year 2019; Agency Information Collection Activities; Proposals, Delegation of Authority (Memorandum of October 26, Submissions, and Approvals, 54722–54723 2018), 54837–54839, 54841 Atlantic Highly Migratory Species: Exempted Fishing, Scientific Research, Display, and Rural Business-Cooperative Service Shark Research Fishery Permits; Letters of NOTICES Acknowledgment, 54724–54726 Agency Information Collection Activities; Proposals, Endangered and Threatened Species: Submissions, and Approvals, 54704–54705 Take of Anadromous Fish, 54720–54722 Rural Utilities Service Meetings: National Sea Grant Advisory Board, 54723 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54705 National Park Service NOTICES Science and Technology Policy Office Environmental Impact Statements; Availability, etc.: PROPOSED RULES General Management Plan Amendment, Point Reyes Implementing the Freedom of Information Act, 54684– National Seashore and North District of Golden Gate 54691 National Recreation Area, Marin County, CA, 54775– 54777 Securities and Exchange Commission NOTICES National Science Foundation Self-Regulatory Organizations; Proposed Rule Changes: NOTICES Cboe Exchange, Inc., 54796–54800 Agency Information Collection Activities; Proposals, Nasdaq ISE, LLC, 54791–54793 Submissions, and Approvals: NYSE Arca, Inc., 54793–54796, 54800–54801 Education and Human Resources Program Monitoring The Nasdaq Stock Market, LLC, 54801–54803 Clearance, 54786–54787 Small Business Administration Navy Department PROPOSED RULES RULES Small Business HUBZone Program; Government Certifications and Exemptions Under the International Contracting Programs, 54812–54835 Regulations for Preventing Collisions at Sea, 1972, 54674–54676 Transportation Department See Federal Aviation Administration See Federal Highway Administration Nuclear Regulatory Commission See Pipeline and Hazardous Materials Safety PROPOSED RULES Administration List of Approved Spent Fuel Storage Casks: NAC International NAC-UMS Universal Storage System, Transportation Security Administration Certificate of Compliance No. 1015, Amendment No. NOTICES 6, 54684 Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Environmental Assessments; Availability, etc.: Department of Homeland Security Traveler Redress Honeywell, International, Inc.; Metropolis Works Inquiry Program, 54763–54764 Uranium Conversion Facility, 54787–54789 Enhanced Security Procedures at Ronald Reagan License Applications: Washington National Airport, 54760–54761 Perma-Fix Northwest Richland, Inc.; Correction, 54787 Flight Training for Aliens and Other Designated Individuals; Security Awareness Training for Flight Occupational Safety and Health Review Commission School Employees, 54761–54762 NOTICES Law Enforcement Officers Safety Act and Retired Badge/ Privacy Act; Systems of Records, 54789–54791 Credential, 54762–54763

Pipeline and Hazardous Materials Safety Administration Treasury Department RULES See Bureau of the Fiscal Service Hazardous Materials: See Comptroller of the Currency Pilot-in-Command and Response to Air Related Petitions See Fiscal Service for Rulemaking, 54683 See Internal Revenue Service

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U.S. Citizenship and Immigration Services Part IV NOTICES Presidential Documents, 54843–54849, 54851, 54853–54860 Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations for Sudan, Nicaragua, Haiti, and El Salvador, 54764–54769 Reader Aids Consult the Reader Aids section at the end of this issue for Separate Parts In This Issue phone numbers, online resources, finding aids, and notice of recently enacted public laws. Part II To subscribe to the Federal Register Table of Contents Small Business Administration, 54812–54835 electronic mailing list, go to https://public.govdelivery.com/ accounts/USGPOOFR/subscriber/new, enter your e-mail Part III address, then follow the instructions to join, leave, or Presidential Documents, 54837–54839, 54841 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: 9811...... 54845 9812...... 54851 9813...... 54853 Administrative Orders: Memorandums: Memorandum of October 26, 2018 ...... 54839 Memorandum of October 26, 2018 ...... 54841 10 CFR Proposed Rules: 72...... 54684 13 CFR Proposed Rules: 115...... 54812 121...... 54812 125...... 54812 126...... 54812 14 CFR 39...... 54663 21 CFR 73...... 54665 32 CFR 706...... 54674 Proposed Rules: 2402...... 54684 40 CFR 141...... 54676 Proposed Rules: 49...... 54691 52...... 54691 48 CFR 211...... 54676 219...... 54677 228...... 54679 236...... 54680 252 (4 documents) ...... 54676, 54679, 54680, 54681 Proposed Rules: 206 (2 documents) ...... 54696, 54698 211...... 54696 213...... 54696 215...... 54698 234...... 54698 235...... 54698 49 CFR 172...... 54683 175...... 54683

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Rules and Regulations Federal Register Vol. 83, No. 211

Wednesday, October 31, 2018

This section of the FEDERAL REGISTER availability of this material at the FAA, allowable life for the parts affected by contains regulatory documents having general call 781–238–7759. It is also available this AD, in addition to the prescribed applicability and legal effect, most of which on the internet at http:// inspection interval, to ensure that the are keyed to and codified in the Code of www.regulations.gov by searching for affected parts are not operated beyond a Federal Regulations, which is published under and locating Docket No. FAA–2018– life limit in which it is likely that fatigue 50 titles pursuant to 44 U.S.C. 1510. 0368. cracks will form. The Code of Federal Regulations is sold by Examining the AD Docket We disagree. This AD intends to the Superintendent of Documents. specify a new inspection interval to You may examine the AD docket on reduce the risk of a fan hub failure due the internet at http:// to potential low-cycle fatigue cracking. DEPARTMENT OF TRANSPORTATION www.regulations.gov by searching for We determined that repetitive and locating Docket No. FAA–2018– inspections, in conjunction with Federal Aviation Administration 0368; or in person at Docket Operations existing life limits for the small between 9 a.m. and 5 p.m., Monday population of affected parts, maintains 14 CFR Part 39 through Friday, except Federal holidays. an acceptable level of safety for the fleet. [Docket No. FAA–2018–0368; Product The AD docket contains this final rule, The life limits for the affected parts are Identifier 2018–NE–12–AD; Amendment the regulatory evaluation, any given in the appropriate Engine Manual, 39–19469; AD 2018–21–11] comments received, and other Chapter 5, Airworthiness Limitations information. The address for Docket RIN 2120–AA64 Section. Operators are responsible for Operations (phone: 800–647–5527) is complying with those life limits. We did Airworthiness Directives; Pratt & U.S. Department of Transportation, not change this AD. Whitney Division (PW) Turbofan Docket Operations, M–30, West Request To Clarify FPI Instructions Engines Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, All Nippon Airways requested AGENCY: Federal Aviation Washington, DC 20590. clarification for performing the FPIs Administration (FAA), DOT. FOR FURTHER INFORMATION CONTACT: Jo- required by this AD. The instructions ACTION: Final rule. Ann Theriault, Aerospace Engineer, for performing ECIs are specified in PW ECO Branch, FAA, 1200 District Alert Service Bulletin (ASB) PW4G– SUMMARY: We are adopting a new Avenue, Burlington, MA 01803; phone: 112–A72–351, dated February 22, 2018, airworthiness directive (AD) for all Pratt 781–238–7105; fax: 781–238–7199; which is incorporated by reference by & Whitney Division (PW) PW4074D, email: [email protected]. this AD; however, instructions for PW4077D, PW4084D, PW4090, and SUPPLEMENTARY INFORMATION: performing FPIs are not specified. PW4090–3 turbofan engines with a low- Discussion We disagree. FPI is an industry- pressure compressor (LPC) fan hub, part standard inspection. Operators are number (P/N) 51B821 or P/N 52B521, We issued a notice of proposed permitted to use an FPI process that is installed. This AD was prompted by rulemaking (NPRM) to amend 14 CFR equivalent to the FPI process conducted part 39 by adding an AD that would updated low-cycle fatigue analysis by the original equipment manufacturer. apply to all PW PW4074D, PW4077D, techniques that indicate certain LPC fan We are incorporating by reference the PW4084D, PW4090, and PW4090–3 hubs could crack before their published instructions for performing ECIs because turbofan engines with an LPC fan hub, life limit. This AD requires repetitive ECI is not an industry standard practice. P/N 51B821 or P/N 52B521, installed. eddy current inspections (ECIs) and ECI requires procedures, tooling, The NPRM published in the Federal fluorescent penetrant inspections (FPIs) acceptance, and rejection criteria that Register on July 19, 2018 (83 FR 34070). for cracks in certain LPC fan hubs and are specific to the part being inspected. The NPRM was prompted by updated removal of LPC fan hubs from service We did not change this AD. that fail inspection. We are issuing this low-cycle fatigue analysis techniques AD to address the unsafe condition on that indicate certain LPC fan hubs could Request To Review Applicability crack before their published life limit. these products. PW stated that this AD should apply The NPRM proposed to require DATES: This AD is effective December 5, to all PW PW4074D, PW4077D, repetitive ECIs and FPIs of the LPC fan 2018. PW4084D, PW4090, and PW4090–3 hub. We are issuing this AD to address The Director of the Federal Register turbofan engines with LPC fan hub, P/ the unsafe condition on these products. approved the incorporation by reference N 51B821 or P/N 52B521, installed as of of a certain publication listed in this AD Comments or after February 22, 2018. as of December 5, 2018. We gave the public the opportunity to We disagree. The unsafe condition is ADDRESSES: For service information participate in developing this final rule. present for any LPC fan hub, identified in this final rule, contact Pratt The following presents the comments P/N 51B521 or P/N 52B521, installed in & Whitney Division, 400 Main St., East received on the NPRM and the FAA’s PW PW4074D, PW4077D, PW4084D, Hartford, CT 06118; phone: 800–565– response to each comment. PW4090, and PW4090–3 turbofan 0140; fax: 860–565–5442. You may view engines regardless of the installation this service information at the FAA, Request To Add Maximum Allowable date. This AD requires inspections of all Engine and Propeller Standards Branch, Life applicable LPC fan hubs, P/N 51B521 or 1200 District Avenue, Burlington, MA The Air Line Pilots Association P/N 52B521, in service. We did not 01803. For information on the requested that we specify a maximum change this AD.

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Clarification to Costs of Compliance • Are consistent with the intent that Other Related Service Information was proposed in the NPRM for We determined that we were not clear We reviewed PW PW4000 Series 112 that only one LPC fan hub might need addressing the unsafe condition; and • Do not add any additional burden Inch Turbofan Engines Cleaning, replacing. We clarified this in our cost Inspection and Repair (CIR) Manual, estimate. upon the public than was already proposed in the NPRM. P/N 51A750, Chapter/Section 72–31–07, Support for the AD Inspection/Check-02, Revision No. 77, Related Service Information Under 1 dated July 15, 2018. The CIR Manual The Boeing Company expressed CFR Part 51 contains additional information support for the NPRM as written. We reviewed PW ASB PW4G–112– regarding FPI and ECI of the LPC fan Conclusion A72–351, dated February 22, 2018. The hub. We reviewed the relevant data, PW ASB describes procedures for Costs of Compliance considered the comments received, and performing LPC fan hub ECIs and FPIs. determined that air safety and the This service information is reasonably We estimate that this AD affects 32 public interest require adopting this available because the interested parties engines installed on airplanes of U.S. final rule as proposed except for minor have access to it through their normal registry. editorial changes. We have determined course of business or by the means We estimate the following costs to that these minor changes: identified in the ADDRESSES section. comply with this AD:

ESTIMATED COSTS

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

Inspection ...... 40 work-hours × $85 per hour = $3,400 ...... $0 $3,400 $108,800

We estimate the following costs to do proposed inspection. We estimate that prorated formula that takes the early any necessary replacements that would one engine will need this replacement removal of the life-limited part into be required based on the results of the and estimate the parts cost using a account.

ON-CONDITION COSTS

Cost per Action Labor cost Parts cost product

Replace the LPC fan hub (prorated part cost) ...... 0 work-hours × $85 per hour = $0 ...... $288,000 $288,000

Authority for This Rulemaking Compliance and Airworthiness on a substantial number of small entities Title 49 of the United States Code Division, but during this transition under the criteria of the Regulatory specifies the FAA’s authority to issue period, the Executive Director has Flexibility Act. delegated the authority to issue ADs rules on aviation safety. Subtitle I, List of Subjects in 14 CFR Part 39 section 106, describes the authority of applicable to engines, propellers, and the FAA Administrator. Subtitle VII: associated appliances to the Manager, Air transportation, Aircraft, Aviation Aviation Programs, describes in more Engine and Propeller Standards Branch, safety, Incorporation by reference, detail the scope of the Agency’s Policy and Innovation Division. Safety. authority. Regulatory Findings Adoption of the Amendment We are issuing this rulemaking under the authority described in Subtitle VII, This AD will not have federalism Accordingly, under the authority Part A, Subpart III, Section 44701: implications under Executive Order delegated to me by the Administrator, ‘‘General requirements.’’ Under that 13132. This AD will not have a the FAA amends 14 CFR part 39 as section, Congress charges the FAA with substantial direct effect on the States, on follows: promoting safe flight of civil aircraft in the relationship between the national air commerce by prescribing regulations government and the States, or on the PART 39—AIRWORTHINESS for practices, methods, and procedures distribution of power and DIRECTIVES the Administrator finds necessary for responsibilities among the various ■ 1. The authority citation for part 39 safety in air commerce. This regulation levels of government. continues to read as follows: is within the scope of that authority For the reasons discussed above, I because it addresses an unsafe condition certify that this AD: Authority: 49 U.S.C. 106(g), 40113, 44701. (1) Is not a ‘‘significant regulatory that is likely to exist or develop on § 39.13 [Amended] products identified in this rulemaking action’’ under Executive Order 12866, action. (2) Is not a ‘‘significant rule’’ under ■ 2. The FAA amends § 39.13 by adding This AD is issued in accordance with DOT Regulatory Policies and Procedures the following new airworthiness authority delegated by the Executive (44 FR 11034, February 26, 1979), directive (AD): Director, Aircraft Certification Service, (3) Will not affect intrastate aviation 2018–21–11 Pratt & Whitney Division: as authorized by FAA Order 8000.51C. in Alaska, and Amendment 39–19469; Docket No. In accordance with that order, issuance (4) Will not have a significant FAA–2018–0368; Product Identifier of ADs is normally a function of the economic impact, positive or negative, 2018–NE–12–AD.

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(a) Effective Date of the local flight standards district office/ data available since lead acetate was This AD is effective December 5, 2018. certificate holding district office. permanently listed demonstrate that there is no longer a reasonable certainty (b) Affected ADs (i) Related Information of no harm from the use of this color None. For more information about this AD, contact Jo-Ann Theriault, Aerospace additive. This action is in response to a (c) Applicability Engineer, ECO Branch, FAA, 1200 District color additive petition filed by the This AD applies to all Pratt & Whitney Avenue, Burlington, MA 01803; phone: 781– Environmental Defense Fund, Division (PW) PW4074D, PW4077D, 238–7105; fax: 781–238–7199; email: jo- Earthjustice, Environmental Working PW4084D, PW4090, and PW4090–3 turbofan [email protected]. Group, Center for Environmental engines with low-pressure compressor (LPC) (j) Material Incorporated by Reference Health, Healthy Homes Collaborative, fan hub, part number (P/N) 51B821 or P/N (1) The Director of the Federal Register Health Justice Project of Loyola 52B521, installed. approved the incorporation by reference University Chicago School of Law, (d) Subject (IBR) of the service information listed in this Breast Cancer Fund, Improving Kids’ paragraph under 5 U.S.C. 552(a) and 1 CFR Environment, Consumers Union, Joint Aircraft System Component (JASC) part 51. Natural Resources Defense Council, Code 7230, Turbine Engine Compressor (2) You must use this service information Section. Consumer Federation of America, as applicable to do the actions required by Learning Disabilities Association, (e) Unsafe Condition this AD, unless the AD specifies otherwise. Maricel Maffini, and Howard Mielke. (i) Pratt & Whitney Division Alert Service This AD was prompted by low-cycle Bulletin PW4G–112–A72–351, dated DATES: This rule is effective December 3, fatigue analysis techniques, updated by the February 22, 2018. 2018. See section XIII for further engine manufacturer, which indicated certain (ii) [Reserved.] information on the filing of objections. LPC fan hubs could crack before their (3) For service information identified in Submit either electronic or written published life limit. We are issuing this AD this AD, contact Pratt & Whitney Division, to prevent failure of the LPC fan hub. The objections and requests for a hearing on 400 Main St., East Hartford, CT 06118; the final rule by November 30, 2018. unsafe condition, if not addressed, could phone: 800–565–0140; fax: 860–565–5442. result in uncontained hub release, damage to (4) You may view this service information ADDRESSES: You may submit objections the engine, and damage to the airplane. at FAA, Engine and Propeller Standards and requests for a hearing as follows. (f) Compliance Branch, 1200 District Avenue, Burlington, Please note that late, untimely filed MA 01803. For information on the objections will not be considered. Comply with this AD within the availability of this material at the FAA, call Electronic objections must be submitted compliance times specified, unless already 781–238–7759. done. on or before November 30, 2018. The (5) You may view this service information https://www.regulations.gov electronic (g) Required Actions that is incorporated by reference at the National Archives and Records filing system will accept comments (1) After the effective date of this AD, Administration (NARA). For information on until 11:59 p.m. Eastern Time at the end perform a fluorescent penetrant inspection the availability of this material at NARA, call of November 30, 2018. Objections (FPI) and an eddy current inspection (ECI) of 202–741–6030, or go to: http:// received by mail/hand delivery/courier the LPC fan hub the next time the engine is www.archives.gov/federal-register/cfr/ibr- (for written/paper submissions) will be separated at the M-flange and the LPC fan locations.html. hub has accumulated 2,000 or more flight considered timely if they are cycles since the last FPI and ECI. Issued in Burlington, Massachusetts, on postmarked or the delivery service (2) Thereafter, perform an FPI and an ECI October 25, 2018. acceptance receipt is on or before that of the LPC fan hub every time the engine is Robert J. Ganley, date. separated at the M-flange and the LPC fan Manager, Engine and Propeller Standards Electronic Submissions hub has accumulated 2,000 or more flight Branch, Aircraft Certification Service. cycles since the last LPC fan hub ECI and Submit electronic objections in the [FR Doc. 2018–23712 Filed 10–30–18; 8:45 am] FPI. following way: (3) Use the Accomplishment Instructions, BILLING CODE 4910–13–P • Federal eRulemaking Portal: Step No. 11, in PW Alert Service Bulletin https://www.regulations.gov. Follow the PW4G–112–A72–351, dated February 22, 2018, to do the ECI. instructions for submitting comments. DEPARTMENT OF HEALTH AND Objections submitted electronically, (4) If a crack is found during the HUMAN SERVICES inspections required by paragraphs (g)(1) or including attachments, to https:// (2) of this AD, remove the LPC fan hub from Food and Drug Administration www.regulations.gov will be posted to service before further flight and replace with the docket unchanged. Because your a part eligible for installation. 21 CFR Part 73 objection will be made public, you are (h) Alternative Methods of Compliance solely responsible for ensuring that your (AMOCs) [Docket No. FDA–2017–C–1951] objection does not include any (1) The Manager, ECO Branch, FAA, has confidential information that you or a Termination of Listing of Color third party may not wish to be posted, the authority to approve AMOCs for this AD, Additive Exempt From Certification; if requested using the procedures found in 14 such as medical information, your or CFR 39.19. In accordance with 14 CFR 39.19, Lead Acetate anyone else’s Social Security number, or send your request to your principal inspector AGENCY: Food and Drug Administration, confidential business information, such or local flight standards district office, as HHS. as a manufacturing process. Please note appropriate. If sending information directly ACTION: Final rule. that if you include your name, contact to the manager of the certification office, information, or other information that send it to the attention of the person SUMMARY: The Food and Drug identifies you in the body of your identified in paragraph (i) of this AD. You may email your request to: ANE-AD-AMOC@ Administration (FDA or we) is objection, that information will be faa.gov. amending the color additive regulations posted on https://www.regulations.gov. (2) Before using any approved AMOC, to no longer provide for the use of lead • If you want to submit an objection notify your appropriate principal inspector, acetate in cosmetics intended for with confidential information that you or lacking a principal inspector, the manager coloring hair on the scalp because new do not wish to be made available to the

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public, submit the objection as a fdsys/pkg/FR-2015-09-18/pdf/2015- 1960, they were provisionally listed for written/paper submission and in the 23389.pdf. this use on an interim basis under the manner detailed (see ‘‘Written/Paper Docket: For access to the docket to transitional provisions of the Color Submissions’’ and ‘‘Instructions’’). read background documents or the Additive Amendments (38 FR 7006, electronic and written/paper comments March 15, 1973). Subsequently, FDA Written/Paper Submissions received, go to https:// gave interested persons until July 30, Submit written/paper submissions as www.regulations.gov and insert the 1973, to submit petitions proposing follows: docket number, found in brackets in the appropriate permanent listings of any • Mail/Hand delivery/Courier (for heading of this document, into the metallic salts as coloring components of written/paper submissions): Dockets ‘‘Search’’ box and follow the prompts hair dye not presently listed for such Management Staff (HFA–305), Food and and/or go to the Dockets Management use (38 FR 2996, January 31, 1973). On Drug Administration, 5630 Fishers Staff, 5630 Fishers Lane, Rm. 1061, May 18, 1973, FDA received a color Lane, Rm. 1061, Rockville, MD 20852. Rockville, MD 20852. additive petition (CAP 3C0107) from the • For written/paper objections FOR FURTHER INFORMATION CONTACT: Committee of the Progressive Hair Dye submitted to the Dockets Management Molly A. Harry, Center for Food Safety Industry requesting the permanent Staff, FDA will post your objection, as and Applied Nutrition, Food and Drug listing of lead acetate as a color additive well as any attachments, except for Administration, 5001 Campus Dr., in cosmetic hair dyes. FDA published a information submitted, marked and College Park, MD 20740–3835, 240– notice of filing of the petition in the identified, as confidential, if submitted 402–1075. Federal Register of June 29, 1973 (38 FR 17260). While the petition was under as detailed in ‘‘Instructions.’’ SUPPLEMENTARY INFORMATION: Instructions: All submissions received review, FDA added lead acetate to the must include the Docket No. FDA– I. Introduction codified provisional list for use as a color component in hair dye on March 2017–C–1951 for ‘‘Termination of In the Federal Register of April 4, 13, 1974 (39 FR 9657), with a closing Listing of Color Additive Exempt From 2017 (82 FR 16321), FDA announced Certification; Lead Acetate.’’ Received date of December 31, 1974. The closing that we filed a color additive petition date for the provisional listing of lead objections, those filed in a timely (CAP 7C0309) (the petition) submitted manner (see ADDRESSES), will be placed acetate was postponed periodically by the Environmental Defense Fund, pending the performance, completion, in the docket and, except for those Earthjustice, Environmental Working submitted as ‘‘Confidential and evaluation of toxicological and Group, Center for Environmental absorption studies. A final rule in the Submissions,’’ publicly viewable at Health, Healthy Homes Collaborative, https://www.regulations.gov or at the Federal Register of March 3, 1978 (43 Health Justice Project of Loyola FR 8790), details each postponement up Dockets Management Staff between 9 University Chicago School of Law, to that time, and subsequent a.m. and 4 p.m., Monday through Breast Cancer Fund, Improving Kids’ postponements of the closing date for Friday. Environment, Consumers Union, • the provisional listing of lead acetate Confidential Submissions—To Natural Resources Defense Council, were published in the Federal Register submit an objection with confidential Consumer Federation of America, on January 2, 1979 (44 FR 45), March 6, information that you do not wish to be Learning Disabilities Association, 1979 (44 FR 12169), August 31, 1979 (44 made publicly available, submit your Maricel Maffini, and Howard Mielke FR 51216), February 22, 1980 (45 FR objections only as a written/paper (petitioners), c/o Mr. Tom Neltner, 1875 11799), June 24, 1980 (45 FR 42255), submission. You should submit two Connecticut Ave. NW, Suite 600, and December 30, 1980 (45 FR 85725). copies total. One copy will include the Washington, DC 20009. The petition In evaluating the scientific data information you claim to be confidential requested that we repeal the regulation submitted in CAP 3C0107, FDA with a heading or cover note that states at § 73.2396 (21 CFR 73.2396) to no determined that the following issues ‘‘THIS DOCUMENT CONTAINS longer provide for the safe use of lead required resolution to enable FDA to CONFIDENTIAL INFORMATION.’’ We acetate in cosmetics intended for evaluate the petition and determine the will review this copy, including the coloring hair on the scalp. The notice of conditions of safe use of lead acetate: (1) claimed confidential information, in our petition gave interested parties until Whether absorption and systemic consideration of comments. The second June 5, 2017, to submit comments on distribution of lead acetate from hair copy, which will have the claimed the filed color additive petition. dyes would occur, because the available confidential information redacted/ scientific data did not establish blacked out, will be available for public II. Background and Regulatory History of Lead Acetate as a Color Additive conclusively that lead acetate from hair viewing and posted on https:// dyes was transdermally absorbed www.regulations.gov. Submit both The color additive lead acetate (the through the scalp; (2) whether lead copies to the Dockets Management Staff. trihydrate of lead (2+) salt of acetic acid; acetate is carcinogenic in humans, If you do not wish your name and CAS No. 6080–56–4) has been in use in because it had been established through contact information to be made publicly cosmetic hair dyes for many years. animal feeding studies that lead is a available, you can provide this Under the provisions of the Color carcinogen in rats and mice; (3) whether information on the cover sheet and not Additive Amendments of 1960 to the the human epidemiological data in the body of your comments and you Federal Food, Drug, and Cosmetic Act available are equivocal; and (4) which of must identify this information as (FD&C Act), FDA published a notice on the ‘‘Delaney’’ anticancer clauses in ‘‘confidential.’’ Any information marked December 10, 1963 (28 FR 13374), section 721(b)(5)(B) of the FD&C Act (21 as ‘‘confidential’’ will not be disclosed stating that metallic salts (including U.S.C. 379e(b)(5)(B)) is applicable to except in accordance with 21 CFR 10.20 lead acetate) used as hair colorings are this use of lead acetate (45 FR 72112, and other applicable disclosure law. For color additives within the meaning of October 31, 1980). more information about FDA’s posting the FD&C Act. Because metallic salts, To resolve the issue of whether lead of comments to public dockets, see 80 including lead acetate, were in use as acetate would be transdermally FR 56469, September 18, 2015, or access color components in hair dye prior to absorbed through the scalp, FDA the information at: https://www.gpo.gov/ the Color Additive Amendments of requested that the petitioner perform a

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definitive percutaneous absorption on the percutaneous absorption data after tests that are appropriate for the study (42 FR 62497 at 62499, December submitted in the CAP, one prepared by evaluation of the safety of additives for 13, 1977). Results from a 1978 Dr. Richard Wilson of Harvard use in food, to induce cancer in man or radioactive tracer skin lead absorption University (on behalf of the petitioner of animal. To determine whether a color study, using human volunteers, was CAP 3C0107) and the other prepared by additive is safe under the general safety submitted by the petitioner of CAP FDA personnel, which concluded a 1:18 clause, the FD&C Act requires FDA to 3C0107 for FDA review and later million and 1:12 million chance of consider, among other relevant factors: published by Moore et al. (Ref. 1). The developing cancer, respectively, by (1) Probable consumption of, or other results of the percutaneous absorption using lead acetate containing hair dye. relevant exposure from, the additive and study showed that lead acetate in hair FDA determined that these assessments of any substance formed in or on food, dye is absorbed through human skin supported the conclusion that any drugs or devices, or cosmetics because and that users who apply the hair dye carcinogenic risk likely to result from of the use of the additive; (2) cumulative as often as twice per week have an use of lead acetate-containing hair dye effect, if any, of such additive ‘‘in the estimated average daily lead absorption could not be considered significant in diet of man or animals,’’ taking into of 0.3 microgram (mg). FDA considered terms of public health protection (45 FR account the same or any chemically or the absorbed amount of lead acetate 72112 at 72116). pharmacologically related substance or from hair dye to be ‘‘miniscule’’ when Based on the evaluation of the substances in such diet; and (3) safety compared to the average person’s blood available data, FDA concluded that lead factors recognized by experts ‘‘as lead level from background sources and acetate was safe for use in hair dyes appropriate for the use of animal concluded that the resulting increase in intended for use on the scalp. On experimentation data’’ (see section exposure would have no discernible October 31, 1980, FDA approved the 721(b)(5)(A) of the FD&C Act). For FDA increase on the steady-state blood lead petition and permanently listed lead to grant a petition that seeks repeal of level reported to be approximately 17 mg acetate in § 73.2396 as a color additive a color additive regulation based upon per deciliter (mg/dL) (45 FR 72112 at for the safe use in cosmetics for coloring new data concerning the safety of the 72114). hair on the scalp at levels up to 0.6 color additive, such data must be percent (weight to volume) lead, subject FDA also considered the applicability adequate for FDA to conclude that there to certain restrictions and labeling of the Delaney Clause (section is no longer a reasonable certainty of no requirements (45 FR 72112). As a harm for the intended use of the color 721(b)(5)(B) of the FD&C Act) in condition of safe use, the regulation in determining whether lead acetate could additive or that it must be deemed § 73.2396 specifies that lead acetate hair unsafe under the Delaney Clause. be permanently listed, considering the dye must contain a cautionary evidence that lead was shown to be a statement. IV. Petitioners’ Argument for Repeal of carcinogen in animal feeding studies. § 73.2396 The Delaney Clause consists of two III. Regulation of Color Additives parts. The first part (section The FD&C Act provides a process In accordance with the procedure in 721(b)(5)(B)(i) of the FD&C Act) pertains through which any person who wishes section 721(d) of the FD&C Act for the specifically to ingested color additives. to use a color additive in or on food, issuance, amendment or repeal of The second part (section 721(b)(5)(B)(ii) drugs, devices, or cosmetics, may regulations, the current color additive of the FD&C Act) applies to non- submit a petition proposing the issuance petition (CAP 7C0309) requests that ingested color additives. FDA explained of a color additive regulation listing FDA repeal the regulation for lead in the 1980 final rule that because the such use with supporting information. acetate in § 73.2396. The petitioners first part of the Delaney Clause (section A color additive petition also may be assert the following in support of their 721(b)(5)(B)(i) of the FD&C Act) is submitted to propose the amendment or proposal (the petition, at pages 5 limited to uses that will or may result repeal of any existing color additive through 15): in ingestion, it does not apply to the use regulation (see section 721(b)(5)(C) and 1. ‘‘Toxicological evidence since 1980 of lead acetate in hair dye applied on (d) of the FD&C Act). In response to a shows there is no safe level of exposure the scalp. FDA then considered the color additive petition, FDA may issue to lead compounds,’’ and the ‘‘scientific applicability of the non-ingestion a regulation listing a color additive for evidence substantiating a direct clause, which states that a color additive use in or on food, drugs, devices, or correlation between lead exposure and shall be deemed unsafe, and shall not be cosmetics only if it determines that the human carcinogenicity is now listed, for any use that will not result in additive is suitable and safe for such use sufficiently strong for FDA to conclude ingestion or any part of such additive, (see section 721(b)(2)(A) of the FD&C that lead acetate is unsafe pursuant to if evaluation of the safety of additives Act). FDA’s determination that a color the Delaney Clause in 21 U.S.C. for such use or after other relevant additive is safe means that there is 379e(b)(5)(B).’’ exposure of man or animal to such convincing evidence that establishes 2. ‘‘FDA’s 1980 decision rested additive, it is found by the Secretary of with reasonable certainty that no harm primarily on a single industry study’’ Health and Human Services (Secretary) will result from the intended condition that had ‘‘serious flaws.’’ to induce cancer in man or animal. After of use of the color additive (21 CFR evaluation of the available relevant 170.3(i)). This is referred to as the 3. ‘‘Exposure evidence since 1980 scientific evidence, FDA concluded that ‘‘general safety clause’’ for color shows that skin absorption of lead the available animal feeding studies additives. In addition, the Delaney acetate may be more significant than were not relevant to the use of lead Clause, under section 721(b)(5)(B)(i) of FDA considered.’’ acetate in hair dye. FDA also concluded the FD&C Act, states that a color 4. ‘‘Overall exposure to lead in the that the scientific data submitted were additive shall be deemed unsafe for any United States has dropped since 1980 so not sufficient to substantiate a direct use that will or may result in ingestion FDA’s conclusion that the exposure was correlation between dermal exposure to of all or part of such additive, if the insignificant is no longer valid.’’ lead and human carcinogenicity. additive is found by the Secretary to 5. ‘‘Post-1980 evidence indicates that Additionally, FDA considered two induce cancer when ingested by man or lead acetate is likely to be ingested from carcinogenicity risk assessments based animal, or if it is found by the Secretary, typical use.’’

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6. ‘‘Canada and Europe found the use and its compounds includes reports and academic achievement (Ref. 4). As part of lead acetate as a color additive to be publications by government agencies of its program to prevent childhood lead unsafe.’’ and professional organizations, poisoning, CDC has recommended 5mg/ Based on these arguments, the including an NTP monograph on Health dL as the reference blood lead level to petitioners assert that the evidence Effects of Low-Level Lead (2012), identify children who have been available since lead acetate’s permanent Centers for Disease Control and exposed to lead and who require case listing in 1980 demonstrates that there Prevention (CDC) reports on lead (2009, management (Ref. 4). is no longer a reasonable certainty that 2015), Agency for Toxic Substances and Lead exposure also poses significant no harm would result from the use of Disease Registry (ATSDR) toxicology health risks to adults (Refs. 5 and 6). lead acetate in hair dyes, and, therefore, profile for lead (2007), an article on the These risks include hypertension, the regulation authorizing this use as a Prevention of Childhood Lead Toxicity peripheral nerve dysfunction, and red color additive should be repealed. The from the American Academy of blood cell protoporphyrin elevation (see petitioners submitted in vitro and in Pediatrics Council on Environmental 58 FR 33860 at 33864). A growing body vivo nonclinical and clinical peer- Health (2016), Environmental Protection of evidence indicates that adults, like reviewed publications, monographs, Agency’s Integrated Risk Information children, may experience adverse health and general reports from associations System Chemical Assessment Summary impacts from exposure to levels of lead and government agencies to support on lead and lead compounds, and an lower than those previously believed to their assertions. abstract of the risk assessment of lead be harmful. For example, in 2012, the In section V that follows, FDA acetate conducted by Health Canada NTP provided evidence of adverse provides assessments of the petitioners’ (2008). The petitioners also provide effects of exposure to low levels of lead assertions and their supporting abstracts to published in vivo and in (less than 10 mg/dL) in adult humans information. FDA’s review, assessment, vitro animal and human studies, and based on epidemiological evidence. The and evaluation of the petition are links to the 2014 NTP report on NTP concluded that there is sufficient detailed in our two review memoranda carcinogenicity from exposure to lead evidence for decreased glomerular (Refs. 2 and 3). In FDA’s review of the and its compounds, including lead filtration rate (in the kidney) in adults petition, we considered relevant studies acetate. and reduced fetal growth in pregnant and publications on lead and lead FDA Assessment: FDA reviewed the women at blood lead levels less than 5 compounds, including lead acetate. peer-reviewed publications and mg/dL; increased blood pressure, monographs provided in the petition hypertension, and essential tremor in V. Review of the Petition and other relevant information in our adults at blood lead levels less than 10 A. Petitioners’ Assertion No. 1 evaluation of the safety of the use of mg/dL; and adverse changes in sperm lead acetate in hair dyes (Ref. 2) and parameters in men, as well as increased ‘‘Toxicological evidence since 1980 agrees with the petitioners that there is time to achieve pregnancy, at blood lead shows there is no safe level of exposure no evidence available at this time to levels greater than or equal to 15–20 mg/ to lead compounds,’’ and ‘‘scientific determine a safe level of exposure to dL (Ref. 2). In 2011, the Joint Food and evidence substantiating a direct lead or lead compounds intentionally Agriculture/World Health Organization correlation between lead exposure and used as a color additive in hair dyes. (FAO/WHO) Expert Committee on Food human carcinogenicity is now The toxicologic effects of lead Additives (JECFA) withdrew the sufficiently strong for FDA to conclude exposure have been well-documented, previously established Provisional that lead acetate is unsafe pursuant to and FDA has taken several actions to Tolerable Weekly Intake (PTWI) for lead the Delaney Clause in 21 U.S.C. protect the public from exposure to lead and concluded that it was not possible 379e(b)(5)(B).’’ To support this in FDA regulated products, including to establish a new PTWI that would be assertion, the petition cites ‘‘evidence prohibiting the use of tin-coated lead considered health protective (Ref. 7). with respect to lead acetate as a foil capsules on wine bottles (61 FR Additionally, the U.S. Environmental carcinogen,’’ including that the National 4816, February 8, 1996 (now codified at Protection Agency has set the maximum Toxicology Program (NTP) has 21 CFR 189.301)) and prohibiting the contaminant level goal for lead in designated lead and lead compounds to use of lead-soldering in food cans (60 drinking water at zero (Ref. 8). be ‘‘reasonably anticipated to be a FR 33106, June 27, 1995 (now codified Regarding the information provided in human carcinogen’’ based on ‘‘limited at 21 CFR 189.240)) (see also 58 FR the petition on the carcinogenicity of evidence in humans, and sufficient 33860 at 33864 through 33866, June 21, lead, we discuss the relevance of this evidence of carcinogenicity in 1993 (discussing the health effects of information to FDA’s decision on this experimental animals.’’ The petition adult exposure to lead); and see petition in section VII. also cites ‘‘evidence of health effects generally https://www.fda.gov/Food/ other than cancer,’’ specifically that lead FoodborneIllnessContaminants/Metals/ B. Petitioners’ Assertion No. 2 (as elemental lead and lead compounds, ucm2006791.htm and https:// ‘‘FDA’s 1980 decision rested including lead acetate) ‘‘has other www.fda.gov/Cosmetics/Products primarily on a single industry study’’ by adverse effects across multiple systems Ingredients/PotentialContaminants/ Moore et al. (Ref. 1) that had ‘‘serious at low levels,’’ ‘‘is a potent neurotoxin ucm388820.htm (identifying other flaws.’’ The petitioners contended that with no safe level of exposure for actions by FDA’s Center for Food Safety results from test conditions with higher children,’’ and ‘‘is particularly harmful and Applied Nutrition concerning both absorption values, e.g., scratched skin, to pregnant women.’’ The petition also childhood and adult exposure to lead in were excluded in the final analysis, provides toxicological monographs, food, food containers, and cosmetics)). while those from test conditions that profiles, and reports on lead and lead The risks of lead exposure are resulted in lower absorption values e.g., compounds available since 1980 to particularly high in utero, infancy, and ‘‘wet’’ and ‘‘cream’’ applications, were support their view that lead acetate in early childhood; CDC has stated that all included. The petitioners also noted applied to the scalp is not safe. there is no safe blood lead level in that Moore et al. excluded all the results The information provided in the children, and that even low levels of of the 24-hour ‘‘whole body’’ count and petition to support their assertion that lead in blood have been shown to affect relied only on the 12-hour data after there is no safe level of exposure to lead IQ, ability to pay attention, and deciding that the increased absorption

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from the 12 to 24 hours’ measurements Regarding the assertion that some acetate-containing hair dye is intended reflected ‘‘mechanical damage’’ from assumptions made by Moore et al. are to be applied to the full scalp that has washing the test substance from the skin unsupported (e.g., that 6 ml of the lead a skin surface area of approximately 580 after 12 hours. The petitioners stated acetate formulation is normally applied, cm2. Applying the test formulation to a that the 24-hour ‘‘non-scratch’’ average of which 0.18 ml would reach the scalp, surface area substantially less than 580 absorption was two times greater than and 612 mg of lead would reach the cm2 is not representative of the the 12-hour average. Additionally, the scalp per hair dye application), we note intended condition of use. Therefore, petitioners stated that Moore et al. may that although these assumptions may using a surface area of 8 to 10 cm2 likely have only measured a proportion of the not reflect a worst-case use scenario, yielded results that underestimated the lead absorbed because in calculating the there is a study that was submitted in percentage of lead acetate that was ‘‘whole-body’’ count they assumed that support of the petition for permanently transdermally absorbed. Additionally, the transport and distribution of lead listing lead acetate (CAP 3C0107) that test results obtained from applying the acetate through the skin is the same evaluated the amount of lead acetate formulation to a small surface area on path as an intravenous solution of a that reached the scalp on human the forehead would also affect the known quantity of lead chloride used to subjects from application of a known accuracy of extrapolation to account for establish the relationship between volume of the hair dye that was the entire surface area of the scalp. radioactivity in the calf region and the characterized in the study as a typical (5) The test formulations applied to whole body, which the petitioners claim application volume. Results from that the forehead were removed by washing is an assumption that more recent study showed that the average amount with soap 12 hours after application. studies call into question. The of lead acetate that reaches the scalp FDA notes that the 12-hour application petitioners also questioned some from application of 7 ml of hair dye is period in the Moore et al. study may be assumptions made by Moore et al., approximately 3 percent of the amount too short to assess the full extent of claiming no references were cited to applied. percutaneous absorption of lead acetate support these assumptions (e.g., that 6 As stated, we also conducted our own under the intended conditions of use, milliliters (ml) of the lead acetate re-evaluation of the study by Moore et which in some cases could remain on formulation is normally applied, of al. and identified the following the scalp for 24 hours or longer thereby which 0.18 ml would reach the scalp, deficiencies that we believe may have increasing the amount of lead and 612 mg of lead would reach the resulted in underestimation of lead percutaneously absorbed. exposure (Ref. 2): scalp per hair dye application). The C. Petitioners’ Assertion No. 3 petitioners noted that instructions for (1) The study was conducted with use included in lead acetate hair dye formulations containing 6 millimole per ‘‘Exposure evidence since 1980 shows packages do not typically specify liter (mmol/L) or 9 mmol/L lead acetate that skin absorption of lead acetate may amount to be applied to hair and that (equivalent to 0.12 or 0.18 percent lead), be more significant than FDA the amount applied would vary respectively, which are three to five considered.’’ To support this assertion, depending on the amount of hair. times lower than the approved the petitioners provide several peer- FDA Assessment: We considered the maximum use level (0.6 percent lead) in reviewed studies published since 1980, deficiencies claimed by the petitioners hair dyes. which they claim demonstrate that the with the percutaneous absorption study (2) The ages of the eight male test capacity of the skin to absorb lead is conducted by Moore et al. and subjects ranged from 20 to 35 years. more significant than FDA estimated in conducted our own re-evaluation of that FDA notes that most people who use 1980. The studies included a wide- study (details in Ref. 2). We agree with lead acetate-containing hair dye ranging collection of occupational the petitioners that the study conducted products would typically be age 50 exposures to in vivo (human and by Moore et al. may not have fully years or older. The subjects were animal) and in vitro (using human or accounted for all the lead that may have therefore not considered representative animal skin) testing. been absorbed and localized in of the targeted older population. This is FDA Assessment: The petitioners did extracellular fluid compartments, such important because the skin in older not provide data on dermal absorption as saliva and sweat. Although the people is different from the skin in of lead acetate generated under the approach of estimating whole body younger people. intended use conditions for hair dye uptake of lead based on measured (3) The test formulation was applied products and did not provide an activity in the calf region may have to the skin on the forehead of subjects, updated estimated exposure that would partially captured lead in these whereas lead acetate-containing hair result from typical chronic use of lead extracellular fluids, newer data suggest dye is intended to be applied to hair on acetate-containing hair dyes. However, that looking at blood lead levels alone the scalp. FDA notes that there are well to support their assertion that skin underestimates exposure to lead that documented differences in the absorption of lead acetate may be greater would have localized in other composition and functionality of skin than FDA previously estimated, the compartments (Ref. 2). tissue from the scalp and skin tissue petitioners provided information that Regarding the assertion that Moore et from other regions of the body, raised valid scientific questions about al. did not use the ‘‘worst-case scenario’’ including the forehead (Ref. 2). For the adequacy of the study that FDA by excluding in its final analysis results example, scalp skin tissue is thicker and relied on to support the listing of lead from whole-body monitoring collected carries more blood than other skin acetate in § 73.2396. The petition cited from 12 to 24 hours, results from the 24- tissue. Thus, applying the test substance peer-reviewed publications describing hour ‘‘non-scratch’’ whole-body to the forehead and non-scalp skin, like nonclinical (in vitro and in vivo) and monitoring data, and results from the the forehead, to assess percutaneous clinical studies to demonstrate dermal scratched skin scenario, and including absorption, may not mimic absorption absorption of lead and lead compounds, results from test conditions that resulted through the scalp. including lead acetate. FDA reviewed in lower absorption values (e.g., ‘‘wet’’ (4) The test formulation(s) were these publications and other available and ‘‘cream’’ applications), we agree reportedly applied to a skin surface area pertinent publications and information that this may have resulted in limiting of 8 to 10 square centimeters (cm2) on on the dermal absorption of lead and the average absorption values. the forehead. FDA notes that lead lead acetate (Ref. 2). Following the

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review, FDA concluded that the forehead—for 24 hours. Assuming that and on other surfaces, including combs, submitted publications demonstrate that the hair dye would be applied two times hair dye containers, hair drier handles, dermally applied lead acetate and other per week, FDA estimated that the daily faucets, and telephone receivers, by lead-containing compounds penetrate exposure to lead would be significantly users after applying lead acetate hair human and animal skin, and report higher than what was previously dye to their hair. Mielke et al. reported absorption of dermally applied lead and thought in 1980 (see details in Ref. 3). a wide range of residual lead levels on lead compounds ranging from 0.018 to hands and surfaces touched by the hair D. Petitioners’ Assertion No. 4 29 percent (the latter being under dye user. FDA notes that the study conditions of occlusion). In addition, ‘‘Overall exposure to lead in the results show a potential for lead from some of the studies show that dermally United States has dropped since 1980 so the lead acetate-containing hair dye absorbed lead distributes to FDA’s conclusion that the exposure was product to transfer to other surfaces extracellular fluid compartments insignificant is no longer valid.’’ The from the hands that have been in including sweat and saliva, which the petitioners argue that, since 1980, ‘‘both contact with the lead acetate-containing petitioners argued may contribute to an exposures and blood lead levels have hair dye. However, the study by Mielke increase in lead exposure that was not dropped dramatically as a result of et al. did not evaluate ingestion of lead previously accounted for in the Moore Congressional action to limit lead in from these contaminated surfaces. et al. publication (Ref. 2). However, we consumer products and reduce exposure Therefore, this study does not note that not all studies evaluated lead to the legacy of lead uses.’’ The demonstrate that lead acetate is likely to acetate, and not all the study designs petitioners provide information to be ingested from its use in hair dye. were adequate. For example, the demonstrate that the average blood lead Deeb et al. reported on a case of a 52- number of test subjects used in some level of an adult in the United States has year old male patient who presented studies was not adequate to ensure decreased dramatically since 1980. with adverse effects attributed to sufficient statistical power of the study, FDA Assessment: In the 1980 final repeated application of lead acetate- while in many studies, the surface area, rule on lead acetate, FDA stated that the containing hair dye on his beard. We location of application of the test average U.S. adult steady-state blood note that this is a report on one person substance, and the amount applied did lead level was approximately 17 mg/dL. that applied the hair dye to facial hair not appropriately reflect the intended This amount was retained from the contrary to the required cautionary conditions of use of lead acetate to color initial 35 mg of lead that was absorbed statement on the product. The color hair on the scalp. These limitations and internalized per day following additive lead acetate is not approved for made interpretation of the combined normal human daily lead intakes of 100 use in coloring facial hair and this results from these studies difficult, and to 500 mg from all food and would be considered a misuse of the FDA was unable to reconcile all the environmental sources (45 FR 72112 at product. reported findings related to absorption 72113). Based on the National Health Therefore, FDA concludes that the percentages and the lead levels claimed and Nutrition Examination Survey information provided by the petitioners to be present in sweat and saliva (Ref. (NHANES) results for 2015–2016, the is not sufficient to support their 2). geometric mean and 50th percentile assertion that ingestion is likely to occur Given the deficiencies identified by (median) blood lead levels for U.S. from the approved use of lead acetate in FDA in the study by Moore et al. that adults 20 years and older were reported hair dye (Ref. 2). Furthermore, FDA has may have resulted in underestimation of to be 0.920 mg/dL (95 percent not identified any other relevant the amount of lead acetate that is confidence interval of 0.862–0.982 mg/ scientific publications that demonstrate transdermally absorbed, FDA chose to dL) and 0.880 mg/dL (95 percent ingestion resulting from the regulated conduct further research on potential confidence interval of 0.810–0.960 mg/ use of lead acetate in cosmetics absorption from this use. FDA used in dL), respectively (Ref. 10). Therefore, we intended for coloring hair on the scalp. silico modeling (ConsExpo, Netherlands agree with the petitioners that the F. Petitioners’ Assertion No. 6. (Ref. 9)) to predict the percentage of average adult blood lead level in the dermal absorption of lead that may United States has decreased ‘‘Canada and Europe found the use of result from application of lead acetate significantly since 1980 and our lead acetate as a color additive to be hair dye to hair on the full human scalp conclusion in 1980 that exposure to lead unsafe.’’ The petitioners make this based on empirically derived diffusion from the listed use of lead acetate hair assertion based on the decision of coefficients. Contrary to the 0 to 0.3 dye is insignificant is no longer valid. Health Canada and the European Union percent lead absorption reported by (EU) Scientific Committee on Cosmetic E. Petitioners’ Assertion No. 5 Moore et al. (Ref. 1), the results from our Products and Non-Food Products in silico modeling predicted higher ‘‘Post-1980 evidence indicates that (SCCNFP) to prohibit the use of lead levels of lead absorption from dermal lead acetate is likely to be ingested from acetate in cosmetic products sold in application of lead acetate hair dyes typical use.’’ The petitioners provide Canada and the EU, respectively. containing 0.6 percent lead to the entire publications by Mielke et al. (1997) (Ref. FDA Assessment: FDA has made its scalp under the intended conditions of 11) and Deeb et al. (2014) (Ref. 12) to own determination on this petition use (Ref. 2). support their assertion that lead acetate based on our authority under the FD&C To calculate the maximum amount of in hair dye is likely to be ingested from Act, independent of the actions taken by lead that could be absorbed, FDA typical use of lead acetate-containing Canada and Europe regarding the use of utilized its modeled percent absorption hair dye, by both users of the dye and lead acetate in hair dyes. However, we values and the estimated levels non-users (including children), from acknowledge that in 2004, the EU’s previously reported in CAP 3C0107 hand-to-mouth activity after contacting SCCNFP evaluated and issued an (0.18 ml of hair dye reaching the scalp), objects such as a faucet and comb opinion on the use of lead acetate as a considering an application of 6 ml of contaminated with the hair dye or from cosmetic ingredient, concluding that hair dye containing the maximum touching a user’s hair. lead acetate is classified as ‘‘toxic to permitted 0.6 percent lead to the surface FDA Assessment: The study by reproduction,’’ ‘‘may cause harm to the area of the full human scalp (580 cm2)— Mielke et al. measured the lead content unborn child,’’ and that lead acetate rather than only the 10 cm2 area on the of hair dyes and lead residues on hands should not be intentionally added to

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cosmetic products marketed in the EU. any increase in exposure to lead and that section 721(b)(5)(B) of the Based on this opinion, the EU resulting from use of lead acetate- FD&C Act should apply (Ref. 2). The prohibited the use of lead acetate in containing hair dye can no longer be petitioners argue that the first part of the cosmetic products in 2004 (Ref. 13). considered insignificant in terms of Delaney Clause should apply based on FDA also acknowledges that Health public health. their assertion that lead acetate in hair Canada found that lead exposure Considering: (1) The lack of evidence dye is likely to be ingested from typical resulting from regular use of lead acetate of a safe level of exposure for lead; (2) use of lead acetate-containing hair dye hair dyes when combined with other the reported adverse effects associated for both users of the dye and non-users sources of lead exposure would result in with low levels of lead exposure (including children), from hand-to- an increasing cumulative exposure for reported by NTP (discussed in section mouth activity after contacting objects lead that would potentially have V.A.); (3) the statements and current such as a faucet contaminated with the adverse effects, particularly in sensitive recommendations by CDC and JECFA on hair dye or a user’s hair with the dye— populations. In 2005, based on data lead exposure (discussed in section in other words, that there is incidental indicating skin absorption and possible V.A.); (4) the deficiencies of the ingestion resulting from the intended links to carcinogenicity and percutaneous absorption study by use of the lead acetate in hair dye. To reproductive toxicity, Health Canada Moore et al. that may have resulted in support this assertion, the petitioners prohibited the use of lead acetate in an underestimate of exposure to lead submit publications by Mielke et al. and cosmetic products. Lead acetate- from the use of lead-acetate containing Deeb et al. (discussed in section V.E.). containing hair dyes have not been sold hair dye (discussed in section V.B.); and FDA concluded that the petition does in the Canadian market since 2008 (Ref. (5) the significant reduction in median not provide sufficient scientific 2). blood lead levels since 1980 (discussed evidence to support the petitioners’ in section V.D.), FDA concludes that the VI. Updated Evaluation of Safety assertion of incidental ingestion original basis for listing lead acetate is resulting from typical use of lead During FDA’s review of the petition, no longer valid and that there is no acetate-containing hair dye. Because we evaluated the information provided longer a reasonable certainty that no FDA has determined that the petition by the petitioners and other information harm would result from the use of lead does not provide sufficient scientific that has become available since 1980 acetate as a color additive in cosmetics evidence to support the assertions of when we listed lead acetate for use in intended to color hair on the scalp. ingestion from the use of lead acetate- hair dye to determine if there is still a VII. Applicability of the Delaney Clause containing hair dye, FDA has not found reasonable certainty of no harm from the it necessary as part of its petition use of this color additive. FDA’s basis The Delaney Clause consists of two response to determine whether the first for listing lead acetate in 1980, as parts. The first part (section part of the Delaney Clause would apply previously stated, was that the absorbed 721(b)(5)(B)(i) of the FD&C Act) pertains to incidental ingestion of lead acetate amount of lead from hair dye containing specifically to ingested color additives. from its use in hair dye. lead acetate was ‘‘miniscule’’ when The second part (section 721(b)(5)(B)(ii) The petitioner did not submit any compared to the average person’s of the FD&C Act) pertains to non- information demonstrating background blood lead level and that ingested color additives. In the 1980 carcinogenicity via dermal exposure, the resulting increase in exposure from final rule, FDA explained that because and FDA is not aware of any such lead acetate-containing hair dye would the first part of the Delaney Clause information; FDA continues to find that have no discernible effect on the steady- (section 721(b)(5)(B)(i) of the FD&C Act) the available animal feeding studies are state blood lead level. Our most recent is limited to uses that will or may result not applicable or relevant to dermally review of the published literature (Ref. in ingestion, it does not apply to the use applied lead acetate hair dyes under 2), combined with the flaws identified of lead acetate in hair dye used on the section 721(b)(5)(B)(ii) of the FD&C Act. in the Moore study (see section V.B.), scalp (45 FR 72112 at 72115). In the suggest that exposure to lead from the final rule, FDA also determined, after VIII. Comments on the Notice of use of lead acetate-containing hair dyes evaluating scientific evidence relevant Petition is likely to be higher than was estimated to the carcinogenic effects in We provided 60 days for comments in 1980. Considering all the information experimental animals from feeding on the notice of petition. A total of 220 currently available, the data do not studies, that these studies are neither individual comments were submitted to support the safe use of lead acetate as ‘‘appropriate’’ nor ‘‘relevant’’ to lead the docket after the notice of petition a color additive in cosmetics intended acetate used in hair dye, and therefore published. One group submitted a for coloring hair on the scalp. there was no basis to find the use of lead comment on behalf of 61 organizations, In the 1980 final rule on lead acetate, acetate in hair dye used on the scalp to and another group submitted a comment FDA stated that the average person had be unsafe pursuant to the second part of supported by 26,198 signatures that they a steady-state blood lead level of the Delaney Clause (section collected that were all in support of the approximately 17 mg/dL (45 FR 72112 at 721(b)(5)(B)(ii) of the FD&C Act). petition. Overall, most of the comments 72113). This amount was retained from The petitioners argue that the 2004 did not contain any substantive new the initial 35 mg of lead that was NTP report designating lead and lead data or information that could inform absorbed and internalized per day compounds (including lead acetate) as FDA’s evaluation of the petition. The following normal human lead intakes of ‘‘reasonably anticipated to be human overwhelming majority of the 100 to 500 mg from all food and carcinogens based on limited evidence individual comments expressed support environmental sources. As discussed of carcinogenicity from studies in for granting the petition based on previously, the median blood lead level humans and sufficient evidence of reported adverse health effects of lead for U.S. adults 20 years and older based carcinogenicity from studies in and urged FDA to repeal the regulation. on 2015–2016 NHANES survey data was experimental animals,’’ other published (Comment 1) One comment, 0.88 mg/dL (Ref. 10). The NHANES data in vitro studies, and occupational submitted by Combe, Inc. (Combe) on blood lead levels indicates that lead exposure studies submitted in the urged FDA to deny the petition. Combe exposure has decreased significantly in petition are sufficient to make the states that, in the 1970s, it marketed a the U.S. general population. As a result, conclusion that lead acetate is unsafe cream-based hair dye product

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containing 0.6 percent lead acetate a small surface area on the forehead. ingredient to achieve a coloring effect, trihydrate (0.34 percent lead) and a Based on newer information available, these specification limits are for lead liquid formula containing 0.4 percent application of formulations containing that may be present as an impurity in an lead acetate trihydrate (0.23 percent lead acetate to small skin surface area approved additive. We also note that the lead). In 1998, Combe reformulated its significantly limits the percentage of specification limits for lead impurities liquid and foam lead acetate hair dye absorption, likely resulting in in the finished additives are products to reduce the lead content. underestimating the exposure. significantly lower than the 0.6 percent Combe states that the reformulated (Comment 2) Combe discusses the lead level (equivalent to 6,000 ppm) liquid product contains 0.28 percent petitioners’ reliance on the regulatory approved in § 73.2936 for use in hair lead acetate trihydrate (0.153 percent decisions by the EU and Canada to ban dye products and the levels in Combe’s lead acetate. Combe refers to these lead) and the foam product contains reformulated hair dye products of 0.153 decisions as grounded in 0.25 percent lead acetate trihydrate percent lead (equivalent to 1,530 ppm (0.138 percent lead), thereby reducing the‘‘precautionary principle,’’ and states lead) and 0.138 percent lead (equivalent the amount of lead absorbed daily to a that the decisions were nonscientific to 1,380 ppm lead). Typically, the levels level lower than the amount FDA resolutions of controversial issues that considered to be safe in 1980. In its resulted in regulatory actions. Combe specified for lead impurities in finished comment, Combe provides exposure argues that such an approach is not color additives and food additives are estimates based on these reformulation permitted under the risk-based science 20 ppm or lower. Such impurities might levels. standards required by the FD&C Act. result during the manufacture of the Combe funded the 1978 radioactive (Response) FDA is not relying on the additive (e.g., from impurities in starting tracer skin lead absorption study that decisions made by regulatory bodies of materials) or occur naturally and is not was required by FDA (published by other governments in this action. the additive itself. FDA generally sets Moore et al. in 1980 (Ref. 1)), and Rather, FDA’s determination is based on such specifications because it can be emphasized that this study remains the whether the available scientific difficult to completely eliminate the only human skin lead absorption study evidence shows that there is a presence of impurities such as lead. using a hair dye formulation. Combe reasonable certainty of no harm from the The FDA draft guidance that Combe maintains that the amount of lead use of this color additive. refers to recommends 10 ppm as the (Comment 3) Combe states that since resulting from the use of its lead acetate maximum level for lead as an impurity the 1960 Color Additive Amendments, hair dyes is trivial and considers the (not as an ingredient) in cosmetic lip exposure to be essentially zero. Combe FDA has issued several color additive products and externally applied considers the studies submitted by the (and food additive) regulations and that cosmetics that are marketed in the petitioners to be either inadequate or many of these regulations include not pertinent to evaluating the safety of specification limits for lead content that United States. The estimated exposure lead acetate under the intended FDA considers to be ‘‘safe.’’ Combe of 0.24 mg/d to lead from cosmetic lip conditions of use of the hair dye. urges that, in its administrative and products that Combe refers to was a (Response) FDA agrees with Combe enforcement actions, FDA must be maximum exposure estimated by FDA that some of the studies submitted in consistent in implementing the FD&C based on incidental ingestion of lipstick the petition had deficiencies in their Act with respect to similar matters. containing lead at 10 ppm. However, designs, and the study results were Combe also asserts that the 10 parts per contrary to Combe’s assertions, our draft inconsistent and difficult to interpret. million (ppm) maximum lead level that guidance is not an approval of this use, FDA also agrees with Combe that the FDA recommended for lead as an nor is it a safety determination. FDA 1978 radioactive tracer skin lead impurity in cosmetic lip products and considers the recommended maximum absorption study (published in 1980 by externally applied cosmetics products lead level of 10 ppm to be an achievable Moore et al. (Ref. 1)) is applicable for in the draft guidance document entitled impurity level, with good studying human skin lead absorption. ‘‘Lead in Cosmetic Lip Products and manufacturing practices, for a wide However, as discussed in section V, Externally Applied Cosmetics: range of cosmetics products. Unlike hair FDA identified several significant Recommended Maximum Level dyes where lead acetate is intentionally deficiencies in the Moore et al. study. In Guidance for Industry’’ is an ‘‘approval’’ added as an ingredient to achieve a particular, Moore et al. applied the and means that the exposure from its coloring effect, this recommended formulation to an 8 to 10 cm2 surface reformulated products should be maximum level is for lead that may be area on the forehead, which is not considered safe. Specifically, Combe present as an impurity in certain consistent with the intended conditions asserts that the ‘‘0.24 mg per day lead cosmetics. of use for the hair dye product, this may exposure that FDA determined is safe FDA disagrees that it is being have resulted in lowering absorption for adults from lipstick is 5 times more and underestimating the exposure to than the 0.046 mg per day lead exposure inconsistent in implementing the FD&C lead. for adults from lead acetate in the Act if it repeals the regulation regarding We acknowledge that the current post-1998 Grecian Formula the use of lead acetate in hair dye under reformulation of Combe’s hair dye product.’’ our color additive authority, while also products likely reduces exposure to lead (Response) FDA acknowledges that, establishing specifications for lead as an as compared to use at the maximum since 1960, we have issued several color impurity in certain additives and permitted level. However, the regulation additive and food additive regulations providing a recommended maximum allows for use up to 0.6 percent lead in that include maximum specification level for lead as an impurity in certain hair dyes; therefore, FDA must evaluate limits for lead (and other contaminants) cosmetics. These actions are consistent the safety of this maximum permitted that manufacturers are unable to avoid with FDA’s authority for color additives, use level. FDA also notes that Combe’s through good manufacturing practices food additives, and cosmetics, as well as updated estimated exposures for the and might be present as an impurity in our public health goal of reducing reformulated products still relied on the the finished additives. However, we consumer exposure to lead to the dermal absorption results from the 1978 note that, unlike hair dyes, in which greatest extent that is technically study that applied the test substance to lead acetate is intentionally added as an feasible.

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IX. Conclusion XI. Analysis of Environmental Impact Dockets Management Staff (see We previously considered the ADDRESSES) and are available for Following a full evaluation of the data viewing by interested persons between submitted in support of CAP 7C0309 environmental effects of this rule, as stated in the April 4, 2017, Federal 9 a.m. and 4 p.m., Monday through and other pertinent data and Register notice of petition for CAP Friday; they also are available information, FDA has concluded that 7C0309. We stated that we had electronically at https:// the data currently available no longer determined, under 21 CFR 25.32(m), www.regulations.gov. References demonstrate that there is a reasonable that this action is of a type that does not without asterisks are not on public certainty of no harm from the use of individually or cumulatively have a display at https://www.regulations.gov lead acetate as a color additive in hair significant effect on the human because they have copyright restriction. dyes authorized under § 73.2396. This environment such that neither an Some may be available at the website conclusion is based on the recognition environmental assessment nor an address, if listed. References without of the current consensus that there is no environmental impact statement is asterisks are available for viewing only safe exposure level for lead, deficiencies required. We have not received any new at the Dockets Management Staff. FDA identified from our re-evaluation of the information that would affect our has verified the website addresses, as of 1980 skin absorption study by Moore et previous determination. the date this document publishes in the al. that may have resulted in an Federal Register, but websites are underestimate of exposure to lead from XII. Paperwork Reduction Act of 1995 subject to change over time. its use in hair dye, and the fact that This final rule contains no collection 1. Moore, M.R., P.A. Meredith, W.S. Watson, blood lead levels in the United States of information. Therefore, clearance by et al., ‘‘The Percutaneous Absorption of have dropped significantly since 1980, the Office of Management and Budget Lead-203 in Humans From Cosmetic so we no longer can conclude that under the Paperwork Reduction Act of Preparations Containing Lead Acetate, as exposure to lead from lead acetate- 1995 is not required. Assessed by Whole-Body Counting and containing hair dye has no discernible Other Techniques,’’ Food and Cosmetics XIII. Objections Toxicology, 18:399–405, 1980. effect on the steady-state blood lead *2. Memorandum from M. K. Wyatt, level. Therefore, to protect the public This rule is effective as shown in the ‘‘DATES’’ section, except as to any Cosmetics Division, OCAC, CFSAN, FDA health, we are amending 21 CFR part 73 provisions that may be stayed by the to M. Harry, Division of Petition Review, as set forth in this document. Upon the OFAS, CFSAN, FDA, September 18, filing of proper objections. If you will be effective date (see DATES), use of lead 2018. adversely affected by one or more *3. Memorandum from H. Lee, Division of acetate as a color additive in cosmetics provisions of this regulation, you may intended for coloring hair on the scalp Petition Review, OFAS, CFSAN, FDA to file with the Dockets Management Staff M. Harry, Division of Petition Review, is no longer authorized. (see ADDRESSES) either electronic or OFAS, CFSAN, FDA, September 19, FDA is exercising enforcement written objections. You must separately 2018. discretion for a period of 12 months number each objection, and within each *4. Center for Disease Control and from the effective date of the final rule numbered objection you must specify Prevention, ‘‘What Do Parents Need to Know to Protect Their Children?’’ regarding marketed hair dye products with particularity the provision(s) to https://www.cdc.gov/nceh/lead/acclpp/ that contain the color additive lead which you object, and the grounds for blood_lead_levels.htm. acetate to provide an opportunity for your objection. Within each numbered *5. Agency for Toxic Substances and Disease industry to deplete the current stock of objection, you must specifically state Registry (ATSDR), ‘‘Toxicological Profile hair dye products with lead acetate and whether you are requesting a hearing on for Lead,’’ August 2007. https:// reformulate products prior to enforcing the particular provision that you specify www.atsdr.cdc.gov/toxprofiles/TP.asp? the requirements of this final rule. Such in that numbered objection. If you do id=96&tid=22. products must comply with the not request a hearing for any particular *6. U.S. Department of Health and Human objection, you waive the right to a Services, National Toxicology Program, requirements of § 73.2396, including the ‘‘NTP Monograph on Health Effects of specifications, uses and restrictions, and hearing on that objection. If you request Low-Level Lead.’’ https://ntp.niehs. labeling requirements. This period of a hearing, your objection must include nih.gov/ntp/ohat/lead/final/monograph enforcement discretion takes into a detailed description and analysis of healtheffectslowlevellead_newissn_ consideration the fact that bismuth the specific factual information you 508.pdf. citrate, which is listed in 21 CFR intend to present in support of the 7. ‘‘Evaluation of Certain Food Additives and 73.2110 for use in cosmetic hair dye objection in the event that a hearing is Contaminants: Seventy-Third Report of held. If you do not include such a the Joint FAO/WHO Expert Committee products at a level up to 2.0 percent on Food Additives,’’ WHO Tech Report weight/volume, is already being used as description and analysis for any particular objection, you waive the right Series No. 960. 2011. http:// an alternative for lead acetate in hair apps.who.int/iris/bitstream/10665/ dye products marketed both in the to a hearing on the objection. 44515/1/WHO_TRS_960_eng.pdf. United States and other countries. Any objections received in response *8. U.S. Environmental Protection Agency, to the regulation may be seen in the ‘‘Basic Information about Lead in X. Public Disclosure Dockets Management Staff office Drinking Water. Health Effects of between 9 a.m. and 4 p.m., Monday Exposures to Lead in Drinking Water. Is In accordance with § 71.15 (21 CFR through Friday, and will be posted to there a Safe Level of Lead in Drinking 71.15), the petition and the documents the docket at https:// Water?’’ https://www.epa.gov/ground- that we considered and relied upon in www.regulations.gov. We will publish water-and-drinking-water/basic- reaching our decision to approve the notice of the objections that we have information-about-lead-drinking-water. petition will be made available for 9. Delmaar, J.E., M.V. Park, and J.G. van received or lack thereof in the Federal Engelen, ‘‘ConsExpo–Consumer public disclosure (see FOR FURTHER Register. Exposure and Uptake Models,’’ RIVM INFORMATION CONTACT). As provided in XIV. References report no. 320104004, http:// § 71.15, we will delete from the www.rivm.nl/en/Topics/C/ConsExpo. documents any materials that are not The following references marked with *10. U.S. Department of Health and Human available for public disclosure. an asterisk (*) are on display at the Services, Centers for Disease Control and

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Prevention, ‘‘Fourth National Report on ACTION: Final rule. visibility of task lights. The DAJAG Human Exposure to Environmental (Admiralty and Maritime Law) has also Chemicals, Updated Tables, March 2018, SUMMARY: The Department of the Navy certified that the lights involved are Volume One.’’ https://www.cdc.gov/ (DoN) is amending its certifications and exposurereport/pdf/FourthReport_ located in closest possible compliance _ _ exemptions under the International with the applicable 72 COLREGS UpdatedTables Volume1 Mar2018.pdf. Regulations for Preventing Collisions at 11. Mielke, H.W., M.D. Taylor, C.R. Gonzales, requirements. Sea, 1972 (72 COLREGS), to reflect that et al., ‘‘Lead-Based Hair Coloring Moreover, it has been determined, in the Deputy Assistant Judge Advocate Products: Too Hazardous for Household accordance with 32 CFR parts 296 and General (DAJAG) (Admiralty and Use,’’ Journal of the American 701, that publication of this amendment Pharmaceutical Association, NS37:85– Maritime Law) has determined that USS for public comment prior to adoption is 89, 1997b. CINCINNATI (LCS 20) is a vessel of the impracticable, unnecessary, and 12. Deeb, W., D. Cachia, C. Quinn, et al., Navy which, due to its special contrary to public interest since it is ‘‘Peripheral Neuropathy After Hair Dye construction and purpose, cannot fully Exposure: A Case Report,’’ Journal of based on technical findings that the comply with certain provisions of the 72 Clinical Neuromuscular Disease, 15:161– placement of lights on this vessel in a COLREGS without interfering with its 163, 2014. manner differently from that prescribed special function as a naval ship. The *13. The Scientific Committee on Cosmetic herein will adversely affect the vessel’s Products and Non-Food Products intended effect of this rule is to warn ability to perform its military functions. Intended for Consumers. Opinion mariners in waters where 72 COLREGS Concerning Lead Acetate, SCCNFP/0832/ apply. List of Subjects in 32 CFR Part 706 04, July 1, 2004. http://ec.europa.eu/ DATES: health/ph_risk/committees/sccp/ This rule is effective October 31, Marine safety, Navigation (water). documents/out286_en.pdf. 2018 and is applicable beginning October 19, 2018. For the reasons set forth in the List of Subjects in 21 CFR Part 73 FOR FURTHER INFORMATION CONTACT: preamble, the DoN amends part 706 of Color additives, Cosmetics, Drugs, Lieutenant Commander Kyle Fralick, title 32 of the Code of Federal Medical devices. JAGC, U.S. Navy, Admiralty Attorney, Regulations as follows: Therefore, under the Federal Food, (Admiralty and Maritime Law), Office of PART 706—CERTIFICATIONS AND Drug, and Cosmetic Act and under the Judge Advocate General, Department EXEMPTIONS UNDER THE authority delegated to the Commissioner of the Navy, 1322 Patterson Ave. SE, INTERNATIONAL REGULATIONS FOR of Food and Drugs, 21 CFR part 73 is Suite 3000, Washington Navy Yard, DC PREVENTING COLLISIONS AT SEA, amended as follows: 20374–5066, telephone number: 202– 1972 685–5040. PART 73—LISTING OF COLOR SUPPLEMENTARY INFORMATION: ADDITIVES EXEMPT FROM Pursuant ■ 1. The authority citation for part 706 CERTIFICATION to the authority granted in 33 U.S.C. continues to read as follows: 1605, the DoN amends 32 CFR part 706. Authority: 33 U.S.C. 1605. ■ 1. The authority citation for part 73 This amendment provides notice that continues to read as follows: the DAJAG (Admiralty and Maritime ■ 2. Section 706.2 is amended by: Law), under authority delegated by the Authority: 21 U.S.C. 321, 341, 342, 343, ■ a. In Table One, adding, in alpha Secretary of the Navy, has certified that 348, 351, 352, 355, 361, 362, 371, 379e. numerical order, by vessel number, an USS CINCINNATI (LCS 20) is a vessel entry for USS CINCINNATI (LCS 20); § 73.2396 [Removed] of the Navy which, due to its special ■ b. In Table Four, under Paragraph 15, ■ 2. Remove § 73.2396. construction and purpose, cannot fully comply with the following specific adding, in alpha numerical order, by Dated: October 25, 2018. provisions of 72 COLREGS without vessel number, an entry for USS Leslie Kux, interfering with its special function as a CINCINNATI (LCS 20); Associate Commissioner for Policy. naval ship: Annex I, paragraph 2(a)(i), ■ c. In Table Four, under Paragraph 16, [FR Doc. 2018–23725 Filed 10–30–18; 8:45 am] pertaining to the height of the forward adding, in alpha numerical order, by BILLING CODE 4164–01–P masthead light above the hull; Annex I, vessel number, an entry for USS paragraph 3(a), pertaining to the CINCINNATI (LCS 20); location of the forward masthead light ■ d. In Table Four, under Paragraph 27, DEPARTMENT OF DEFENSE in the forward quarter of the ship and adding, in alpha numerical order, by the horizontal distance between the vessel number, an entry for USS Department of the Navy forward and after masthead light; Rule CINCINNATI (LCS 20); and 21(a) and Annex I, paragraph 2(f)(i), 32 CFR Part 706 ■ e. In Table Five, adding, in alpha requiring the masthead lights be above numerical order, by vessel number, an Certifications and Exemptions Under and clear of all other lights and entry for USS CINCINNATI (LCS 20). the International Regulations for obstructions; Annex I, paragraph 2(f)(ii) § 706.2 Certifications of the Secretary of Preventing Collisions at Sea, 1972 and Annex I, paragraph 3(c), pertaining to the horizontal and vertical spacing of the Navy under Executive Order 11964 and AGENCY: Department of the Navy (DoN), task lights; and Rule 27(b)(i) and Annex 33 U.S.C. 1605. DoD. I, paragraph 9(b), pertaining to the * * * * *

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TABLE ONE

Distance in meters of forward masthead Vessel No. light below minimum required height. § 2(a)(i) Annex I

******* USS CINCINNATI ...... (LCS 20) 4.2

*******

* * * * * 15. ** *

TABLE FOUR *******

Horizontal distances from the Vessel No. fore and aft centerline of the vessel in the athwartship direction

******* USS CINCINNATI ...... LCS 20 .. Upper—0.20 meters. Middle—1.3 meters. Lower—1.3 meters.

*******

16. * * *

Obstruction angle relative Vessel No. ship’s headings

******* USS CINCINNATI ...... LCS 20 .. 72° thru 74°. 286° thru 288°.

*******

* * * * * (restricted maneuverability), required by following angles relative to ship’s 27. On the following ships, the arc of the rule 27(b)(i) and Annex I, paragraph heading; visibility of the middle task light 9(b)(i), may be obstructed at the

Obstruction angle relative Vessel No. ship heading

USS CINCINNATI ...... LCS 20 .. 47° thru 59°. 301° thru 313°.

* * * * *

TABLE FIVE

Masthead Forward After masthead lights masthead light less than Percentage not over all light not in 1⁄2 ship’s length Vessel No. other lights and forward aft of forward horizontal obstructions. quarter of masthead light. separation Annex I, ship. Annex I, Annex I, sec. attained sec. 2(f) sec. 3(a) 3(a)

******* USS CINCINNATI ...... (LCS 20) ...... X X 15.2

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TABLE FIVE—Continued

Masthead Forward After masthead lights masthead light less than 1 Percentage not over all light not in ⁄2 ship’s length horizontal Vessel No. other lights and forward aft of forward separation obstructions. quarter of masthead light. attained Annex I, ship. Annex I, Annex I, sec. sec. 2(f) sec. 3(a) 3(a)

*******

Approved: October 19, 2018. Trihalomethanes’’ and the Methodology DATES: Effective October 31, 2018. A.S. Janin, ‘‘Purge &Trap/Gas Chromatography/ FOR FURTHER INFORMATION CONTACT: Ms. Captain, JAGC, U.S. Navy, Deputy Assistant Mass Spectrometry,’’ the EPA Method Carrie Moore, telephone 571–372–6093. Judge Advocate General (Admiralty and should read ‘‘524.3 9, 524.4 29’’ and the SUPPLEMENTARY INFORMATION: Maritime Law). SM 21st edition 1 should be blank. Dated: October 19, 2018. 4. On page 51649, in the table labelled I. Background ‘‘ALTERNATIVE TESTING METHODS Meredith Steingold Werner, DoD is amending the DFARS to FOR CONTAMINANTS LISTED AT 40 Lieutenant Commander, Judge Advocate remove DFARS clause 252.211–7000, CFR 141.131(b)(1)—Continued,’’ the General’s Corps, U.S. Navy, Federal Register Acquisition Streamlining, and the second Contaminant should read Liaison Officer. associated clause prescription at DFARS ‘‘Chlorite—daily monitoring as [FR Doc. 2018–23374 Filed 10–30–18; 8:45 am] 211.002–70. This clause is included in BILLING CODE 3810–FF–P prescribed in 40 CFR 141.132(b)(2)(i)(A)’’. all solicitations and contracts for 5. On the same page, in the same systems acquisition programs and table, on the same row, the Methodology requires contractors to: Prepare ENVIRONMENTAL PROTECTION should read ‘‘Amperometric Titration’’ acquisition streamlining AGENCY and the EPA Method should be blank. recommendations in accordance with 6. On page 51650, in the table labelled the performance work statement; format 40 CFR Part 141 ‘‘ALTERNATIVE TESTING METHODS and submit the recommendations in [EPA–HQ–OW–2018–0558; FRL–9985–19– FOR CONTAMINANTS LISTED AT 40 accordance with the contract data OW] CFR 143.4(b),’’ for the Contaminant requirements list of the contract; and ‘‘Chloride’’ and the Methodology include the clause in all subcontracts Expedited Approval of Alternative Test ‘‘Silver Nitrate Titration,’’ the SM 21st valued over $1.5 million that are Procedures for the Analysis of edition 1 should read ‘‘4500–Cl¥ B’’. awarded in the performance of the Contaminants Under the Safe Drinking 7. On the same page, in the same contract. DoD may accept, modify, or Water Act; Analysis and Sampling table, on the same row, the SM 22nd reject the contractor’s recommendations. Procedures edition,28 SM 23rd edition 49 should This clause was added to the DFARS read ‘‘4500–Cl¥ B’’. to implement a requirement of DoD Correction [FR Doc. C1–2018–22162 Filed 10–30–18; 8:45 am] Directive (DoDD) 5000.43, Acquisition In rule document 2018–22162, BILLING CODE 1301–00–D Streamlining. DoDD 5000.43 has been appearing on pages 51636 through cancelled and replaced by DoD 51652, in the issue of Friday, October Instruction 5000.02, Operation of the 12, 2018, make the following DEPARTMENT OF DEFENSE Defense Acquisition System, which corrections: requires contractors to submit 1. On page 51646, in the table labelled Defense Acquisition Regulations acquisition streamlining ‘‘ALTERNATIVE TESTING METHODS System recommendations. Additionally, Federal FOR CONTAMINANTS LISTED AT 40 Acquisition Regulation (FAR) subpart CFR 141.24(e)(1),’’ for the Contaminant 48 CFR Parts 211 and 252 7.1, Acquisition Plans, already includes ‘‘Atrazine’’ and the Methodology ‘‘Solid acquisition streamlining and industry Phase Extraction/Gas Chromatography/ [Docket DARS–2018–0048] engagement as considerations to be Mass Spectrometry (GC/MS),’’ the EPA RIN 0750–AJ95 made when preparing a written Method should read ‘‘525.3 24, 523 26’’ acquisition plan. As the implementing and the SM 21st edition 1 should be Defense Federal Acquisition DoDD has been cancelled and FAR blank. Regulation Supplement: Repeal of subpart 7.1 addresses acquisition 2. On page 51647, in the table labelled DFARS Clause ‘‘Acquisition streamlining, this DFARS clause is ‘‘ALTERNATIVE TESTING METHODS Streamlining’’ (DFARS Case 2018– unnecessary and can be removed. FOR CONTAMINANTS LISTED AT 40 D033) The removal of this DFARS text CFR 141.24(e)(1)—Continued,’’ for the AGENCY: Defense Acquisition supports a recommendation from the Contaminant ‘‘Simazine’’ and the Regulations System, Department of DoD Regulatory Reform Task Force. On Methodology ‘‘Solid Phase Extraction/ Defense (DoD). February 24, 2017, the President signed Gas Chromatography/Mass Executive Order (E.O.) 13777, ACTION: Final rule. Spectrometry (GC/MS),’’ the EPA ‘‘Enforcing the Regulatory Reform Method should read ‘‘525.3 24, 523 26’’ SUMMARY: DoD is issuing a final rule Agenda,’’ which established a Federal and the SM 21st edition 1 should be amending the Defense Federal policy ‘‘to alleviate unnecessary blank. Acquisition Regulation Supplement regulatory burdens’’ on the American 3. On the same page, in the same (DFARS) to remove a clause that is no people. In accordance with E.O. 13777, table, for the Contaminant ‘‘Total longer necessary. DoD established a Regulatory Reform

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Task Force to review and validate DoD contractors or offerors. This final rule is ■ 1. The authority citation for 48 CFR regulations, including the DFARS. A not required to be published for public parts 211 and 252 continues to read as public notice of the establishment of the comment, because DoD is not issuing a follows: DFARS Subgroup to the DoD Regulatory new regulation; rather, this rule merely Authority: 41 U.S.C. 1303 and 48 CFR Reform Task Force, for the purpose of removes an obsolete requirement from chapter 1. reviewing DFARS provisions and the DFARS. clauses, was published in the Federal PART 211—DESCRIBING AGENCY IV. Executive Orders 12866 and 13563 Register at 82 FR 35741 on August 1, NEEDS 2017, and requested public input. The E.O. 12866, Regulatory Planning and following public comment was received Review, and E.O. 13563, Improving 211.002–70 [Removed] on this clause: Regulation and Regulatory Review, ■ 2. Remove section 211.002–70. Comment: The respondent states that direct agencies to assess all costs and the clause is ineffective, because a benefits of available regulatory PART 252—SOLICITATION contractor who has already been alternatives and, if regulation is PROVISIONS AND CONTRACT awarded a contract may have a vested necessary, to select regulatory CLAUSES interest in preserving the contract, as approaches that maximize net benefits 252.211–7000 [Removed and Reserved] awarded, and may not be the best source (including potential economic, for innovation. Instead, the respondent environmental, public health and safety ■ 3. Remove and reserve section suggests that targeted surveys sent to effects, distributive impacts, and 252.211–7000. both successful and unsuccessful equity). E.O. 13563 emphasizes the [FR Doc. 2018–23678 Filed 10–30–18; 8:45 am] offerors after award may be more importance of quantifying both costs BILLING CODE 5001–06–P effective than a mandatory clause for a and benefits, of reducing costs, of single awardee. harmonizing rules, and of promoting Response: DoD will continue to flexibility. The Office of Management DEPARTMENT OF DEFENSE encourage industry participation during and Budget, Office of Information and the design and development of contract Regulatory Affairs, has determined that Defense Acquisition Regulations requirements and through other this is not a significant regulatory action System methods. as defined under section 3(f) of E.O. The DoD Task Force reviewed the 12866 and, therefore, was not subject to 48 CFR Part 219 and Appendix I to requirements of DFARS clause 252.211– review under section 6(b). This rule is Chapter 2 7000, Acquisition Streamlining, and not a major rule as defined at 5 U.S.C. [Docket DARS–2018–0019] determined that the DFARS coverage 804(2). was unnecessary and recommended RIN 0750–AJ25 removal. V. Executive Order 13771 Defense Federal Acquisition II. Applicability to Contracts at or This rule is not an E.O. 13771 Regulation Supplement: Mentor- Below the Simplified Acquisition regulatory action, because this rule is Protege Program Modifications Threshold and for Commercial Items, not significant under E.O. 12866. (DFARS Case 2017–D016) Including Commercially Available Off- VI. Regulatory Flexibility Act the-Shelf Items AGENCY: Defense Acquisition Regulations System, Department of This rule only removes obsolete Because a notice of proposed Defense (DoD). DFARS clause 252.211–7000, rulemaking and an opportunity for Acquisition Streamlining. Therefore, the public comment are not required to be ACTION: Final rule. given for this rule under 41 U.S.C. rule does not impose any new SUMMARY: DoD is issuing a final rule requirements on contracts at or below 1707(a)(1) (see section III. of this preamble), the analytical requirements amending the Defense Federal the simplified acquisition threshold and Acquisition Regulation Supplement for commercial items, including of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. (DFARS) to implement sections of the commercially available off-the-shelf National Defense Authorization Act for items. Accordingly, no regulatory flexibility analysis is required, and none has been Fiscal Year 2017 that provide III. Publication of This Final Rule for prepared. modifications to the DoD Pilot Mentor- Public Comment Is Not Required by Prote´ge´ Program. Statute VII. Paperwork Reduction Act DATES: Effective October 31, 2018. The statute that applies to the The rule does not contain any FOR FURTHER INFORMATION CONTACT: Ms. publication of the FAR is the Office of information collection requirements that Jennifer D. Johnson, telephone 571– Federal Procurement Policy statute require the approval of the Office of 372–6100. (codified at title 41 of the United States Management and Budget under the SUPPLEMENTARY INFORMATION: Code). Specifically, 41 U.S.C. 1707(a)(1) Paperwork Reduction Act (44 U.S.C. requires that a procurement policy, chapter 35). I. Background regulation, procedure, or form List of Subjects in 48 CFR Parts 211 and DoD published a proposed rule in the (including an amendment or 252 Federal Register at 83 FR 19677 on May modification thereof) must be published 4, 2018, to implement section 1823 and for public comment if it relates to the Government procurement. paragraph (b) of section 1813 of the expenditure of appropriated funds, and National Defense Authorization Act Jennifer Lee Hawes, has either a significant effect beyond the (NDAA) for Fiscal Year (FY) 2017. internal operating procedures of the Regulatory Control Officer, Defense Sections 1823 and 1813 provide Acquisition Regulations System. agency issuing the policy, regulation, modifications to the DoD Pilot Mentor- procedure, or form, or has a significant Therefore, 48 CFR parts 211 and 252 Prote´ge´ Program (‘‘the Program’’). cost or administrative impact on are amended as follows: Section 1823 revises the definition and

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requirements associated with affiliation IV. Executive Orders 12866 and 13563 VII. Paperwork Reduction Act between mentor firms and their prote´ge´ The rule does not contain any firms. Both sections add new types of Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs information collection requirements that assistance for mentor firms to provide to require the approval of the Office of their prote´ge´ firms. and benefits of available regulatory alternatives and, if regulation is Management and Budget under the II. Discussion and Analysis necessary, to select regulatory Paperwork Reduction Act (44 U.S.C. chapter 35). One respondent submitted a public approaches that maximize net benefits comment in response to the proposed (including potential economic, List of Subjects in 48 CFR Part 219 and rule. DoD reviewed the public comment environmental, public health and safety Appendix I to Chapter 2 effects, distributive impacts, and in the development of the final rule. Government procurement. equity). E.O. 13563 emphasizes the A. Summary of Significant Changes importance of quantifying both costs Jennifer Lee Hawes, From the Proposed Rule and benefits, of reducing costs, of Regulatory Control Officer, Defense There are no changes made to the harmonizing rules, and of promoting Acquisition Regulations System. final rule as a result of the public flexibility. This is not a significant Therefore, 48 CFR part 219 and comment. regulatory action and, therefore, was not appendix I to chapter 2 are amended as subject to review under section 6(b) of B. Analysis of Public Comments follows: E.O. 12866, Regulatory Planning and ■ 1. The authority citation for 48 CFR Comment: The respondent Review, dated September 30, 1993. This part 219 and appendix I to chapter 2 recommended a change to the proposed rule is not a major rule under 5 U.S.C. continues to read as follows: text in Appendix I, section I–107, 804. paragraph (h). Specifically, the Authority: 41 U.S.C. 1303 and 48 CFR respondent proposed limiting the V. Executive Order 13771 chapter 1. assistance to be provided by the mentor This rule is not subject to E.O. 13771, PART 219—SMALL BUSINESS firm regarding Federal contract because this rule is not a significant PROGRAMS regulations to ‘‘guidance in obtaining regulatory action under E.O. 12866. training to enable understanding 219.7100 [Amended] VI. Regulatory Flexibility Act Federal contract regulations’’ instead of ■ 2. Amend section 219.7100 by ‘‘assistance the mentor will provide to A final regulatory flexibility analysis removing ‘‘November 25, 2015’’ and ´ ´ the protege firm in understanding (FRFA) has been prepared consistent adding ‘‘December 23, 2016’’ in its Federal contract regulations’’ as stated with the Regulatory Flexibility Act, 5 place. in the proposed rule. The rationale was U.S.C. 601, et seq. The FRFA is ■ 3. Amend appendix I to chapter 2 as that the text in the proposed rule could summarized as follows: follows: potentially expose the mentor firm to This final rule is necessary to ■ a. In section I–101 by— liability when inevitable ■ implement statutory modifications to i. Redesignating sections I–101.1 misunderstandings occur due to the through I–101.6 as sections I–101.2 complexity of the regulations. the DoD Pilot Mentor-Prote´ge´ Program (‘‘the Program’’). This rule amends the through I–101.7, respectively; and Response: In drafting the text of I–107 ■ ii. Adding new section I–101.1. Defense Federal Acquisition Regulation paragraph (h), DoD used language that ■ b. In section I–102 by— was very close to the text of section Supplement (DFARS) to implement ■ i. Redesignating paragraphs (e) and (f) 1813 of the NDAA for FY 2017. The section 1823 and paragraph (b) of as paragraphs (f) and (g), respectively; statutory language and, consequently, section 1813 of the National Defense ■ ii. Adding new paragraph (e); and the draft DFARS text add to the mentor- Authorization Act (NDAA) for Fiscal ■ iii. In newly redesignated paragraph prote´ge´ agreement an element in which Year (FY) 2017, which provide (f), removing ‘‘Subpart 9.4’’ and adding the mentor will identify the assistance modifications to the Program. ‘‘subpart 9.4’’ in its place. it will provide to the prote´ge´ in an effort Specifically, section 1823 revises the ■ c. In section I–106 by adding to facilitate the prote´ge´’s understanding definition and requirements associated paragraph (d)(6)(v). of Federal contract regulations. Such with affiliation between mentor firms ■ d. In section I–107 by— assistance could include guidance in and their prote´ge´ firms. Both sections ■ i. Redesignating paragraphs (h) obtaining training on the regulations, add new types of assistance for mentors through (o) as paragraphs (i) through (p), but it also could include other forms of to provide to their prote´ge´s. respectively; and ■ There were no issues raised by the ii. Adding new paragraph (h). assistance. ■ public in response to the initial e. Amending section I–111 by C. Other Changes regulatory flexibility analysis provided removing ‘‘I–107(k) through (m)’’ from The final rule includes a minor in the proposed rule. paragraph (e) and adding ‘‘I–107(l) editorial change. In section I–111, through (n)’’ in its place. The rule will apply to small entities The additions read as follows: paragraph (e) is revised to update the that participate in the Program. There reference to renumbered paragraphs in are currently 72 small entities Appendix I to Chapter 2—Policy and I–107. participating in the Program as prote´ge´ Procedures for the DoD Pilot Mentor ´ ´ III. Applicability to Contracts at or firms and six small entities participating Protege Program Below the Simplified Acquisition as mentors. * * * * * Threshold and for Commercial Items, The rule does not impose any I–101.1 Affiliation. Including Commercially Available Off- reporting or recordkeeping requirements With respect to a relationship between a the-Shelf Items on any small entities. mentor firm and a prote´ge´ firm, a This final rule does not add any new DoD has not identified any relationship described under 13 CFR provisions or clauses or impact any alternatives that would meet the 121.103. existing provisions or clauses. requirements of the applicable statute. * * * * *

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I–102 Participant eligibility. associated clause prescription at DFARS The removal of this DFARS provision * * * * * 228.170. The Miller Act (40 U.S.C. 3131 supports a recommendation from the (e) A mentor firm may not enter into an to 3134) requires contractors on certain DoD Regulatory Reform Task Force. On agreement with a prote´ge´ firm if SBA has construction contracts to post bonds February 24, 2017, the President signed made a determination of affiliation. If SBA that guarantee performance of the Executive Order (E.O.) 13777, has not made such a determination and if the contract and payment to subcontractors ‘‘Enforcing the Regulatory Reform DoD Office of Small Business Programs and suppliers. Several Federal Agenda,’’ which established a Federal (OSBP) has reason to believe, based on SBA’s regulations regarding affiliation, that the Acquisition Regulation (FAR) clauses policy ‘‘to alleviate unnecessary mentor firm is affiliated with the prote´ge´ are available to implement these regulatory burdens’’ on the American firm, then DoD OSBP will request a requirements on construction contracts. people. In accordance with E.O. 13777, determination regarding affiliation from SBA. While the guarantees of the Miller Act DoD established a Regulatory Reform * * * * * do not apply to contracts for demolition, Task Force to review and validate DoD dismantling, or removal of regulations, including the DFARS. A I–106 Development of mentor-prote´ge´ improvements, FAR 37.302 permits the public notice of the establishment of the agreements. contracting officer to require a DFARS Subgroup to the DoD Regulatory * * * * * performance bond or other security, in Reform Task Force, for the purpose of (d) * * * accordance with FAR 28.103, on such reviewing DFARS provisions and (6) * * * contracts when it is necessary to ensure clauses, was published in the Federal (v) Women’s business centers described in section 29 of the Small Business Act (15 completion of the work or protect Register at 82 FR 35741 on August 1, U.S.C. 656). property or payment of suppliers. 2017, and requested public input. No public comments were received on this * * * * * For DoD, when performance bonds or other securities are necessary for provision. The DoD Task Force I–107 Elements of a mentor-prote´ge´ contracts that involve dismantling, reviewed the requirements of DFARS agreement. demolition, or removal of provision 252.228–7004, Bonds and * * * * * improvements, this DFARS provision is Other Security, and determined that the (h) The assistance the mentor will provide included in the solicitation. The DFARS coverage was unnecessary and to the prote´ge´ firm in understanding Federal provision requires offerors to furnish a recommended removal. contract regulations, including the FAR and bid guarantee with their offer; advises DFARS, after award of a subcontract under II. Applicability to Contracts at or the Program, if applicable; that, upon notice of award, the Below the Simplified Acquisition successful offeror shall provide the Threshold and for Commercial Items, * * * * * Government with the performance bond [FR Doc. 2018–23673 Filed 10–30–18; 8:45 am] Including Commercially Available Off- and any payment due within a set the-Shelf Items BILLING CODE 5001–06p–P timeframe; and, identifies the acceptable sureties that can be used to support the This rule only removes obsolete DEPARTMENT OF DEFENSE bond. DFARS provision 252.228–7004, Bonds In reviewing existing FAR provisions or Other Security. Therefore, the rule Defense Acquisition Regulations and clauses, it was determined that FAR does not impose any new requirements System clause 52.228–16, Performance and on contracts at or below the simplified Payment Bonds—Other than acquisition threshold and for 48 CFR Parts 228 and 252 Construction, and FAR provision commercial items, including 52.228–1, Bid Guarantee, provide the commercially available off-the-shelf [Docket DARS–2018–0049] information contained in the DFARS items. RIN 0750–AJ98 provision and can be included in III. Publication of This Final Rule for solicitations and contracts that involve Public Comment Is Not Required by Defense Federal Acquisition dismantling, demolition, or removal of Statute Regulation Supplement: Repeal of improvements. The FAR clause ensures DFARS Provision ‘‘Bonds or Other completion of the work; protects The statute that applies to the Security’’ (DFARS Case 2018–D036) property associated with the contract publication of the FAR is Office of effort; requires the offeror to furnish a Federal Procurement Policy statute AGENCY: Defense Acquisition performance bond within a set amount (codified at title 41 of the United States Regulations System, Department of of time after receiving a notice of award; Code). Specifically, 41 U.S.C. 1707(a)(1) Defense (DoD). and, specifies that bonds must be requires that a procurement policy, ACTION: Final rule. supported by specific sureties. The FAR regulation, procedure, or form provision requires offerors to provide a (including an amendment or SUMMARY: DoD is issuing a final rule bid guarantee prior to the opening of modification thereof) must be published amending the Defense Federal bids; includes the form and amount of for public comment if it relates to the Acquisition Regulation Supplement the guarantee to be provided; advises expenditure of appropriated funds, and (DFARS) to remove a provision that is that a resultant contract may be has either a significant effect beyond the no longer necessary. terminated for failure to provide an internal operating procedures of the DATES: Effective October 31, 2018. executed bond after contract award; agency issuing the policy, regulation, FOR FURTHER INFORMATION CONTACT: Ms. and, states that the bid guarantee will be procedure, or form, or has a significant Carrie Moore, telephone 571–372–6093. used to offset cost in the event of a cost or administrative impact on SUPPLEMENTARY INFORMATION: termination for default. Since the FAR contractors or offerors. This final rule is provision and clause can be used to not required to be published for public I. Background provide the same information included comment, because DoD is not issuing a DoD is amending the DFARS to in DFARS provision, this DFARS new regulation; rather, this rule merely remove DFARS provision 252.228–7004, provision is no longer necessary and can removes an obsolete requirement from Bonds or Other Security, and the be removed. the DFARS.

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IV. Executive Orders 12866 and 13563 PART 228—BONDS AND INSURANCE with the services upon receipt of the written notification. A description of the E.O. 12866, Regulatory Planning and 228.170 [Removed] scope of the supervision and inspection Review, and E.O. 13563, Improving ■ 2. Remove section 228.170. services is included as an appendix to Regulation and Regulatory Review, the contract. direct agencies to assess all costs and PART 252—SOLICITATION The need for architect-engineers to benefits of available regulatory PROVISIONS AND CONTRACT perform supervision and inspection alternatives and, if regulation is CLAUSES services during construction is necessary, to select regulatory uncommon. When it is necessary, an approaches that maximize net benefits 252.228–7004 [Removed and Reserved] option that accurately describes the (including potential economic, ■ 3. Remove and reserve section scope of services can be included in the environmental, public health and safety 252.228–7004. contract, pursuant to Federal effects, distributive impacts, and [FR Doc. 2018–23679 Filed 10–30–18; 8:45 am] Acquisition Regulation subpart 17.2, equity). E.O. 13563 emphasizes the BILLING CODE 5001–06p–P Options. Contracting activities can importance of quantifying both costs better address these services, to the and benefits, of reducing costs, of extent they are needed and the harmonizing rules, and of promoting DEPARTMENT OF DEFENSE procedures applicable to the flexibility. The Office of Management requirement, within the scope of a and Budget, Office of Information and Defense Acquisition Regulations contract. As such, this DFARS clause is Regulatory Affairs, has determined that System unnecessary and can be removed. this is not a significant regulatory action The removal of this DFARS clause as defined under section 3(f) of E.O. 48 CFR Parts 236 and 252 supports a recommendation from the 12866 and, therefore, was not subject to DoD Regulatory Reform Task Force. On [Docket DARS–2018–0050] review under section 6(b). This rule is February 24, 2017, the President signed not a major rule as defined at 5 U.S.C. RIN 0750–AK03 Executive Order (E.O.) 13777, 804(2). ‘‘Enforcing the Regulatory Reform Defense Federal Acquisition Agenda,’’ which established a Federal V. Executive Order 13771 Regulation Supplement: Repeal of policy ‘‘to alleviate unnecessary DFARS Clause ‘‘Option for Supervision This rule is not an E.O. 13771 regulatory burdens’’ on the American and Inspection Services’’ (DFARS Case regulatory action, because this rule is people. In accordance with E.O. 13777, 2018–D041) not significant under E.O. 12866. DoD established a Regulatory Reform Task Force to review and validate DoD VI. Regulatory Flexibility Act AGENCY: Defense Acquisition Regulations System, Department of regulations, including the DFARS. A Because a notice of proposed Defense (DoD). public notice of the establishment of the DFARS Subgroup to the DoD Regulatory rulemaking and an opportunity for ACTION: Final rule. public comment are not required to be Reform Task Force, for the purpose of given for this rule under 41 U.S.C. SUMMARY: DoD is issuing a final rule reviewing DFARS provisions and 1707(a)(1) (see section III. of this amending the Defense Federal clauses, was published in the Federal preamble), the analytical requirements Acquisition Regulation Supplement Register at 82 FR 35741 on August 1, of the Regulatory Flexibility Act (5 (DFARS) to remove a clause that is no 2017, and requested public input. No U.S.C. 601 et seq.) are not applicable. longer necessary. public comments were received on this clause. Subsequently, the DoD Task Accordingly, no regulatory flexibility DATES: Effective October 31, 2018. Force reviewed the requirements of analysis is required, and none has been FOR FURTHER INFORMATION CONTACT: Ms. prepared. DFARS clause 252.236–7009, Option for Carrie Moore, telephone 571–372–6093. Supervision and Inspection Services, VII. Paperwork Reduction Act SUPPLEMENTARY INFORMATION: and determined that the DFARS I. Background coverage was unnecessary and The rule does not contain any recommended removal. information collection requirements that DoD is amending the DFARS to require the approval of the Office of remove the DFARS clause 252.236– II. Applicability to Contracts at or Management and Budget under the 7009, Option for Supervision and Below the Simplified Acquisition Paperwork Reduction Act (44 U.S.C. Inspection Services, remove the Threshold and for Commercial Items, chapter 35). associated clause prescription at DFARS Including Commercially Available Off- 236.609–70(a)(1), and revise a cross the-Shelf Items List of Subjects in 48 CFR Parts 228 and reference in the introductory text to 252 This rule only removes obsolete DFARS clause 252.236–7011. DFARS DFARS clause 252.236–7009, Option for Government procurement. clause 252.236–7009 is used in fixed- Supervision and Inspection Services. price solicitations and contracts for Therefore, the rule does not impose any Jennifer Lee Hawes, architect-engineering services when the new requirements on contracts at or Regulatory Control Officer, Defense architect may also be required to below the simplified acquisition Acquisition Regulations System. provide supervision and inspection threshold and for commercial items, Therefore, 48 CFR parts 228 and 252 services during construction. The clause including commercially available off- are amended as follows: advises contractors that the Government the-shelf items. may, at its option, direct the contractor ■ 1. The authority citation for 48 CFR to perform supervision and inspection III. Publication of This Final Rule for parts 228 and 252 continues to read as services for the construction contract. If Public Comment Is Not Required by follows: the need for such services arises, the Statute Authority: 41 U.S.C. 1303 and 48 CFR Government will notify the contractor in The statute that applies to the chapter 1. writing and the contractor shall proceed publication of the FAR is Office of

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Federal Procurement Policy statute Management and Budget under the Regulation Supplement (DFARS) to (codified at title 41 of the United States Paperwork Reduction Act (44 U.S.C. remove an obsolete requirement from a Code). Specifically, 41 U.S.C. 1707(a)(1) chapter 35). DFARS clause. requires that a procurement policy, List of Subjects in 48 CFR Parts 236 and DATES: Effective October 31, 2018. regulation, procedure, or form 252 FOR FURTHER INFORMATION CONTACT: Ms. (including an amendment or Jennifer D. Johnson, telephone 571– Government procurement. modification thereof) must be published 372–6100. for public comment if it relates to the Jennifer Lee Hawes, SUPPLEMENTARY INFORMATION: expenditure of appropriated funds, and Regulatory Control Officer, Defense has either a significant effect beyond the Acquisition Regulations System. I. Background internal operating procedures of the Therefore, 48 CFR parts 236 and 252 DoD is amending the DFARS to agency issuing the policy, regulation, remove an obsolete requirement from procedure, or form, or has a significant are amended as follows: ■ 1. The authority citation for 48 CFR the clause at DFARS 252.219–7009, cost or administrative impact on Section 8(a) Direct Award. The clause contractors or offerors. This final rule is parts 236 and 252 continues to read as follows: currently requires 8(a) contractors to not required to be published for public obtain written approval from the Small comment, because DoD is not issuing a Authority: 41 U.S.C. 1303 and 48 CFR Business Administration (SBA) and the new regulation; rather, this rule merely chapter 1. contracting officer prior to removes an obsolete requirement from subcontracting the performance of any the DFARS. PART 236—CONSTRUCTION AND ARCHITECT—ENGINEER CONTRACTS contract requirements. This requirement IV. Executive Orders 12866 and 13563 no longer exists in SBA’s regulations on E.O. 12866, Regulatory Planning and 236.609–70 [Amended] the 8(a) Business Development Program Review, and E.O. 13563, Improving ■ 2. Amend section 236.609–70 by— at 13 CFR part 124. Regulation and Regulatory Review, ■ a. In the section heading, removing II. Discussion and Analysis direct agencies to assess all costs and ‘‘and clause’’; This rule deletes paragraph (c)(2) of benefits of available regulatory ■ b. Removing paragraph (a); and the clause at DFARS 252.219–7009. This alternatives and, if regulation is ■ c. Redesignating the introductory text paragraph contains the obsolete necessary, to select regulatory of paragraph (b) as introductory text to requirement for an 8(a) contractor to approaches that maximize net benefits the section. obtain written approval from SBA and (including potential economic, PART 252—SOLICITATION the contracting officer prior to environmental, public health and safety PROVISIONS AND CONTRACT subcontracting performance of contract effects, distributive impacts, and CLAUSES requirements. The remaining paragraphs equity). E.O. 13563 emphasizes the (c) and (c)(1) are combined into a single importance of quantifying both costs 252.236—7009 [Removed and Reserved] paragraph (c). This rule also updates an and benefits, of reducing costs, of ■ 3. Remove and reserve section outdated reference in paragraph (c)(1) harmonizing rules, and of promoting 252.236–7009. and makes other minor editorial flexibility. The Office of Management changes. and Budget, Office of Information and 252.236–7011 [Amended] Regulatory Affairs, has determined that ■ 4. Amend section 252.236–7011, in III. Applicability to Contracts at or this is not a significant regulatory action the introductory text, by removing Below the Simplified Acquisition as defined under section 3(f) of E.O. ‘‘236.609–70(b)’’ and adding ‘‘236.609– Threshold and for Commercial Items, 12866 and, therefore, was not subject to 70’’ in its place. Including Commercially Available Off- review under section 6(b). This rule is the-Shelf Items not a major rule as defined at 5 U.S.C. [FR Doc. 2018–23680 Filed 10–30–18; 8:45 am] BILLING CODE 5001–06–P This rule revises the clause at DFARS 804(2). 252.219–7009, Section 8(a) Direct V. Executive Order 13771 Award. This clause currently applies to This rule is not an E.O. 13771 DEPARTMENT OF DEFENSE solicitations and contracts below the regulatory action, because this rule is simplified acquisition threshold (SAT) Defense Acquisition Regulations not significant under E.O. 12866. and to the acquisition of commercial System items, including commercially available VI. Regulatory Flexibility Act off-the-shelf (COTS) items, as defined at Because a notice of proposed 48 CFR Part 252 Federal Acquisition Regulation (FAR) rulemaking and an opportunity for [Docket DARS–2018–0051] 2.101. public comment are not required to be DoD is continuing to apply this clause given for this rule under 41 U.S.C. RIN 0750–AK34 to solicitations and contracts below the 1707(a)(1) (see section III. of this SAT and to the acquisition of Defense Federal Acquisition commercial items, including COTS preamble), the analytical requirements Regulation Supplement: Update of of the Regulatory Flexibility Act (5 items. This rule merely removes an Clause on Section 8(a) Direct Award obsolete requirement to obtain approval U.S.C. 601 et seq.) are not applicable. (DFARS Case 2018–D052) Accordingly, no regulatory flexibility from the contracting officer and SBA analysis is required, and none has been AGENCY: Defense Acquisition prior to subcontracting work under an prepared. Regulations System, Department of 8(a) contract. Not applying this Defense (DoD). guidance to contracts below the SAT VII. Paperwork Reduction Act ACTION: Final rule. and to the acquisition of commercial The rule does not contain any items, including COTS items, would information collection requirements that SUMMARY: DoD is issuing a final rule to exclude contracts with 8(a) Program require the approval of the Office of amend the Defense Federal Acquisition participants that are intended to be

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covered by this rule and undermine the do business, with DoD. Currently, 8(a) expected to result in savings for DoD overarching purpose of the rule. Program participants who have DoD contractors who are 8(a) Program Consequently, DoD plans to apply the contracts must obtain written approval participants. rule to contracts below the SAT and to from SBA and the contracting officer The following is a summary of the the acquisition of commercial items, before subcontracting the performance estimated public and Government cost including COTS items. of any contract requirements in savings calculated in perpetuity in 2016 IV. Expected Cost Savings accordance with DFARS clause dollars at a 7-percent discount rate: 252.219–7009. Removal of the This rule impacts only 8(a) Program requirement to obtain this approval is participants who do business, or want to

Summary Public Government Total

Present Value ...... ($9,713,886) ($4,856,943) ($14,570,829) Annualized Costs ...... (679,972) (339,986) (1,019,958) Annualized Value Costs (as of 2016 if Year 1 is 2019) ...... (555,060) (277,530) (832,590)

To access the full Regulatory Cost expenditure of appropriated funds, and Authority: 41 U.S.C. 1303 and 48 CFR Analysis for this rule, go to the Federal has either a significant effect beyond the chapter 1. eRulemaking Portal at internal operating procedures of the ■ www.regulations.gov, search for agency issuing the policy, regulation, 2. Amend section 252.219–7009 by— ‘‘DFARS Case 2018–D052,’’ click ‘‘Open procedure, or form, or has a significant ■ a. Removing the clause date of ‘‘(SEP Docket,’’ and view ‘‘Supporting cost or administrative impact on 2007)’’ and adding ‘‘(OCT 2018)’’ in its Documents.’’ contractors or offerors. This final rule is place; not required to be published for public V. Executive Orders 12866 and 13563 ■ b. In paragraph (a), removing comment, because DoD is not issuing a ‘‘Partnership Agreement dated’’ and Executive Orders (E.O.s) 12866 and new regulation; rather, this rule merely adding ‘‘Partnership Agreement’’ in its 13563 direct agencies to assess all costs removes an obsolete requirement from place; and and benefits of available regulatory the DFARS, updates an outdated alternatives and, if regulation is reference and makes minor editorial ■ c. Revising paragraph (c) to read as necessary, to select regulatory changes. follows: approaches that maximize net benefits (including potential economic, VIII. Regulatory Flexibility Act 252.219–7009 Section 8(a) direct award. environmental, public health and safety Because a notice of proposed * * * * * effects, distributive impacts, and rulemaking and an opportunity for (c.) The 8(a) Contractor agrees that it equity). E.O. 13563 emphasizes the public comment are not required to be will notify the Contracting Officer, importance of quantifying both costs given for this rule under 41 U.S.C. simultaneous with its notification to the and benefits, of reducing costs, of 1707(a)(1) (see section VII. of this SBA (as required by SBA’s 8(a) harmonizing rules, and of promoting preamble), the analytical requirements regulations at 13 CFR 124.515), when flexibility. This is not a significant of the Regulatory Flexibility Act (5 the owner or owners upon whom 8(a) regulatory action and, therefore, was not U.S.C. 601 et seq.) are not applicable. eligibility is based plan to relinquish subject to review under section 6(b) of Accordingly, no regulatory flexibility ownership or control of the concern. E.O. 12866, Regulatory Planning and analysis is required, and none has been Consistent with section 407 of Public Review, dated September 30, 1993. This prepared. rule is not a major rule under 5 U.S.C. Law 100–656, transfer of ownership or 804. IX. Paperwork Reduction Act control shall result in termination of the contract for convenience, unless the VI. Executive Order 13771 The rule does not contain any information collection requirements that SBA waives the requirement for This final rule is considered to be an require the approval of the Office of termination prior to the actual E.O. 13771 deregulatory action. The Management and Budget under the relinquishing of ownership and control. total annualized value of the cost Paperwork Reduction Act (44 U.S.C. * * * * * savings is $832,590. Details on the chapter 35). [FR Doc. 2018–23681 Filed 10–30–18; 8:45 am] estimated cost savings can be found in BILLING CODE 5001–06–P section IV. of this preamble. List of Subjects in 48 CFR Part 252 VII. Publication of This Final Rule for Government procurement. Public Comment Is Not Required by Jennifer Lee Hawes, Statute Regulatory Control Officer, Defense The statute that applies to the Acquisition Regulations System. publication of the FAR is Office of Therefore, 48 CFR part 252 is Federal Procurement Policy statute amended as follows: (codified at title 41 of the United States Code). Specifically, 41 U.S.C. 1707(a)(1) PART 252—SOLICITATION requires that a procurement policy, PROVISIONS AND CONTRACT regulation, procedure, or form CLAUSES (including an amendment or modification thereof) must be published ■ 1. The authority citation for part 252 for public comment if it relates to the continues to read as follows:

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DEPARTMENT OF TRANSPORTATION 52900 in the issue of Thursday, October 18, 2017, make the following correction: Pipeline and Hazardous Materials On page 52895, between row four and Safety Administration row five, the table is corrected by 49 CFR Parts 172 and 175 inserting following the row as set forth below. [Docket No. PHMSA–2015–0100 (HM–259)] RIN 2137–AF10

Hazardous Materials: Notification of the Pilot-in-Command and Response to Air Related Petitions for Rulemaking Correction In rule document 2018–22114, appearing on pages 52878 through

Hexafluorophosphoric acid ...... 8 UN1782 II 8 A7, B2, IB2, N3, N34, T8, TP2 .. None ..... 202 242 1 L 30 L A ......

[FR Doc. C1–2018–22114 Filed 10–30–18; 8:45 am] BILLING CODE 1301–00–D

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Proposed Rules Federal Register Vol. 83, No. 211

Wednesday, October 31, 2018

This section of the FEDERAL REGISTER OFFICE OF SCIENCE AND implementation of the Freedom of contains notices to the public of the proposed TECHNOLOGY POLICY Information Act (FOIA). In 2013, OSTP issuance of rules and regulations. The implemented its FOIA regulations, purpose of these notices is to give interested 32 CFR Part 2402 currently codified at 32 CFR part 2402. persons an opportunity to participate in the The FOIA Improvement Act of 2016, rule making prior to the adoption of the final Implementing the Freedom of rules. Pub. L. 114–185, requires each agency to Information Act review and update their FOIA AGENCY: Office of Science and regulations in accordance with its NUCLEAR REGULATORY Technology Policy. provisions. Among other things, the Act makes changes that require agencies to COMMISSION ACTION: Notice of proposed rulemaking (1) withhold information only when it is and request for public comment. 10 CFR Part 72 reasonably foreseeable that disclosure SUMMARY: The White House Office of would harm to an interest protected by an exemption; (2) allow a minimum of [NRC–2018–0075] Science and Technology Policy (OSTP) is amending its regulations to 90 days to file an appeal following an adverse determination; and (3) inform RIN 3150–AK12 implement the FOIA Improvement Act of 2016. The regulations reflect OSTP’s requesters of their right to seek dispute policy and practices and reaffirm its resolution services. List of Approved Spent Fuel Storage In connection with OSTP’s review of ® commitment to provide the fullest Casks: NAC International NAC–UMS ; its FOIA regulations, OSTP proposes the Universal Storage System, Certificate possible disclosure of records to the public. following rule to update its FOIA of Compliance No. 1015, Amendment regulations, clarifying OSTP’s process No. 6 DATES: Comments will be received for responding to requests for through November 30, 2018. information, incorporating new Correction ADDRESSES: Comments of approximately language on partial disclosures of In proposed rule document 2018– one page or less in length (4000 information, increasing the period of 22913 beginning on page 53191 in the characters) are requested. All time for a requester to appeal an adverse issue of Monday, October 22, 2018, submissions must be in English. determination from 30 days to 90 days, Comments may be submitted by any of make the following correction: and requiring OSTP to notify requesters the following methods: of their right to seek dispute resolution On page 53192 the table should read Email: [email protected]. Include services. Due to the scope of the as follows: ‘‘FOIA PROPOSED RULEMAKING’’ in proposed revisions, the proposed rule the subject line of the message. OSTP would replace OSTP’s current FOIA ADAMS accession does not currently accept attachments regulations in their entirety. This No./web link/ sent to the FOIA mailbox. Please paste proposed rule will update OSTP’s Document Federal Register the text of your comment into the regulations to reflect the statutory citation message body of your email. changes to FOIA and improve FOIA- Mail: Office of Science and related service and performance, Request to Amend Certificate of ML17145A380 Technology Policy, Eisenhower thereby strengthening OSTP’s Compliance No. 1015 for the NAC–UMS® Cask System, Executive Office Building, 1650 compliance with FOIA. Accordingly, dated May 23, 2017. Pennsylvania Avenue NW, Washington, OSTP proposes these regulations Revision of Request to Amend ML18018A893 DC 20502. Attention: ‘‘FOIA PROPOSED implementing FOIA and submits them Certificate of Compliance No. ® RULEMAKING.’’ for public comment. 1015 for the NAC–UMS Cask Fax: (202) 395–1224. Please clearly System, dated January 16, 2018. Statutory and Executive Order Reviews Revision 11 to NAC–UMS® Final ML16341B102 label all submissions as ‘‘FOIA Safety Analysis Report for the PROPOSED RULEMAKING.’’ Executive Order 12866 and 13563 UMS Universal Storage System. FOR FURTHER INFORMATION CONTACT: Proposed CoC No. 1015, Amend- ML18088A174 These regulations have been drafted ment No. 6. Andrew Mendoza, 202–456–4444. and reviewed in accordance with Proposed Technical Specifications ML18088A176 Questions about the content of this Executive Order 12866, ‘‘Regulatory Appendix A—Proposed Technical ML18088A178 document should be sent to ostpfoia@ Planning and Review,’’ section 1(b), Specifications. ostp.eop.gov. Include ‘‘FOIA Principles of Regulation, and in Appendix B—Preliminary Safety ML18088A181 PROPOSED RULEMAKING’’ in the accordance with Executive Order 13563, Evaluation Report. subject line of the message. Questions ‘‘Improving Regulation and Regulatory [FR Doc. C1–2018–22913 Filed 10–30–18; 8:45 am] may also be sent by mail (please allow Review,’’ section 1(b), General additional time for processing) to: Office BILLING CODE 1301–00–D Principles of Regulation. These of Science and Technology Policy, regulations are not a significant Eisenhower Executive Office Building, regulatory action under section 3(f) of 1650 Pennsylvania Avenue NW, Executive Order 12866; accordingly, Washington, DC 20502. Attention: this rule has not been reviewed by the ‘‘FOIA PROPOSED RULEMAKING.’’ Office of Management and Budget SUPPLEMENTARY INFORMATION: OSTP is (OMB). Further, both Executive Orders proposing new regulations to govern its 12866 and 13563 direct agencies to

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assess all costs and benefits of available Small Business Regulatory Enforcement provides information about access to regulatory alternatives and, if regulation Fairness Act of 1996 records. All requests for access to is necessary, to select regulatory These regulations are not major rules information contained within a system approaches that maximize net benefits as defined by the Small Business of records pursuant to the Privacy Act (including potential economic, Regulatory Enforcement Fairness Act of of 1974, 5 U.S.C. 552a, shall be environmental, public health and safety 1996, 5 U.S.C. 804. They will not result processed in accordance with these effects, distributive impacts, and in an annual effect on the economy of regulations as well as those contained in equity). Executive Order 13563 $100 million or more, a major increase 32 CFR part 2403. emphasizes the importance of in costs or prices, or significant adverse § 2402.2 Delegation of authority and quantifying both costs and benefits, of effects on competition, employment, responsibilities. reducing costs, of harmonizing rules, investment, productivity, innovation, or (a) The Director of OSTP designates and of promoting flexibility. OSTP has the ability of United States-based the OSTP General Counsel as the Chief assessed the costs and benefits of this enterprises to compete with foreign- FOIA Officer, and hereby delegates to regulation and believes that the based enterprises in domestic and the Chief FOIA Officer the authority to regulatory approach selected maximizes export markets. act upon all requests for agency records net benefits. National Environmental Policy Act of and to re-delegate such authority at his Paperwork Reduction Act 1969 or her discretion. (b) The Chief FOIA Officer shall OSTP has determined that the OSTP has reviewed this action for designate a FOIA Public Liaison, who Paperwork Reduction Act, 44 U.S.C. purposes of the National Environmental shall serve as the supervisory official to 3501 et seq., does not apply because Policy Act of 1969 (NEPA), 42 U.S.C. whom a FOIA requester can raise these regulations do not contain any 4321–4347, and has determined that concerns about the service the FOIA this action will not have a significant information collection requirements requester has received following an effect on the human environment. subject to OMB’s approval. initial response. The FOIA Public List of Subjects in 32 CFR Part 2402 Liaison will be listed on the OSTP Executive Order 12988 website (https://www.whitehouse.gov/ Administrative practice and ostp/foia) and may re-delegate the FOIA These regulations meet the applicable procedure, Freedom of information. Public Liaison’s authority at his or her standards set forth in Executive Order ■ For the reasons set forth in the 12988, Civil Justice Reform. discretion. preamble, OSTP proposes to amend (c) The Director establishes a FOIA Executive Order 13132 Chapter XXIV by revising 32 CFR part Requester Service Center that shall be 2402 to read as follows: staffed by the Chief FOIA Officer and These regulations will not have PART 2402—REGULATIONS the FOIA Public Liaison. The contact substantial direct effects on the States, information for the FOIA Requester on the relationship between the national IMPLEMENTING THE FREEDOM OF INFORMATION ACT Service Center is Office of Science and government and the States, or on the Technology Policy, Eisenhower distribution of power and Sec. Executive Office Building, 1650 responsibilities among the various 2402.1 Purpose and scope. Pennsylvania Avenue NW, Washington, levels of government. Therefore, in 2402.2 Delegation of authority and DC 20504; Telephone: (202) 456–4444; accordance with Executive Order 13132, responsibilities. Fax: (202) 395–1224; Email: ostpfoia@ OSTP has determined that these 2402.3 General policy and definitions. ostp.eop.gov. Updates to this contact regulations do not have sufficient 2402.4 Procedure for requesting records. information will be made on the OSTP federalism implications to warrant the 2402.5 Responses to requests. 2402.6 Timing of Responses to Requests. website. preparation of a federalism summary 2402.7 Confidential commercial § 2402.3 General policy and definitions. impact statement. information. (a) Non-exempt records available to Regulatory Flexibility Act 2402.8 Appeal of denials. 2402.9 Fees. public. Except for records exempt from OSTP, in accordance with the 2402.10 Waiver of fees. disclosure by 5 U.S.C. 552(b) or Regulatory Flexibility Act, 5 U.S.C. 2402.11 Maintenance of statistics. published in the Federal Register under 2402.12 Disclaimer. 605(b), has reviewed these proposed 5 U.S.C. 552(a)(1), OSTP’s agency regulations and certifies that they will Authority: 5 U.S.C. 552; E.O. 13392, 70 FR records subject to FOIA are available to any requester who requests them in not have a significant economic impact 75373, 3 CFR, 2005 Comp., p. 216. accordance with these regulations. on a substantial number of small entities § 2402.1 Purpose and scope. (b) Record availability on the OSTP because they pertain to administrative The regulations in this part prescribe website. OSTP shall make records matters affecting the agency. procedures by which individuals may available on its website in accordance Unfunded Mandates Reform Act of 1995 obtain access to the Office of Science with 5 U.S.C. 552(a)(2), as amended, and Technology Policy (OSTP) agency and other documents that, because of These regulations will not result in records under the Freedom of the nature of their subject matter, are the expenditure by State, local, and Information Act, 5 U.S.C. 552, as likely to be the subject of FOIA requests. tribal governments, in the aggregate, or amended (FOIA), as well as the To save both time and money, OSTP by the private sector, of $100 million or procedures OSTP must follow in strongly urges requesters to review more in any one year, and it will not response to requests for records under documents available on the OSTP significantly or uniquely affect small FOIA. The regulations should be read website before submitting a request. governments. Therefore, no actions are together with the FOIA and the Office (c) Definitions. For purposes of this necessary under the provisions of the of Management and Budget’s (OMB) part: Unfunded Mandates Reform Act of ‘‘Uniform Freedom of Information Fee (1) All of the terms defined in the 1995, 2 U.S.C. 1501, et seq. Schedule and Guidelines,’’ which Freedom of Information Act, and the

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definitions included in OMB’s this category, a requester must show actually employed by the entity. A ‘‘Uniform Freedom of Information Act that the request is authorized by and is publication contract would present a Fee Schedule and Guidelines’’ apply, made under the auspices of a qualifying solid basis for such an expectation; the unless otherwise defined in this institution and that the records are not Government may also consider the past subpart. sought for a commercial use, but are publication record of the requester in (2) The term ‘‘agency record’’ means sought to further scholarly research. making such a determination. records that are: (8) The term ‘‘fee waiver’’ means the (13) The term ‘‘requester’’ means any (i) Either created or obtained by waiver or reduction of processing fees if person, including an individual, OSTP; and a requester can demonstrate that certain partnership, corporation, association, (ii) Under OSTP control at the time of statutory standards are satisfied. Native American tribe, or other public the FOIA request. (9) The term ‘‘FOIA Public Liaison’’ or private organization other than a (3) The term ‘‘commercial use means an agency official who is Federal agency that requests access to request’’ means a request from or on responsible for assisting requesters in records. behalf of a person who seeks defining the scope of their request to (14) The term ‘‘review’’ means the information for a use or purpose that reduce processing time, increasing process of examining documents located furthers his or her commercial, trade, or transparency and understanding of the in response to a request that is for a profit interests, which can include status of requests, as well as assisting in commercial use to determine whether furthering those interests through the resolution of disputes. any portion of any document located is litigation. OSTP shall determine, (10) The term ‘‘noncommercial permitted to be withheld. It includes whenever reasonably possible, the use scientific institution’’ means an processing of any documents for to which a requester will put the institution that is not operated on a disclosure, e.g., doing all that is requested records. When it appears that ‘‘commercial’’ basis, as that term is necessary to excise exempt information the requester will put the records to a defined in these regulations, and that is and otherwise prepare them for release. commercial use, either because of the operated solely for the purpose of Review does not include time spent nature of the request itself or because conducting scientific research, the resolving general legal or policy issues OSTP has reasonable cause to doubt a results of which are not intended to regarding the application of exemptions. requester’s stated use, OSTP shall promote any particular product or (15) The term ‘‘search’’ refers to the provide the requester a reasonable industry. To be in this category, a process of looking for and retrieving opportunity to submit further requester must show that the request is records or information responsive to a clarification. authorized by and is made under the request. It includes page-by-page or line- (4) The terms ‘‘disclose’’ or auspices of a qualifying institution and by-line identification of information ‘‘disclosure’’ refer to making records that the records are not sought for a within records and also includes available, upon request, for examination commercial use but are sought to further reasonable efforts to locate and retrieve and copying, or furnishing a copy of scientific research. information from records maintained in records. (11) The term ‘‘perfected request’’ electronic form or format. (5) The term ‘‘direct cost’’ means means a FOIA request for records that (16) The term ‘‘working day’’ means a those expenditures by OSTP actually reasonably describes the records sought, regular Federal working day between incurred in searching for and that has been received by OSTP in the hours of 9:00AM and 5:00PM. It duplicating (and, in the case of accordance with the requirements set does not include Saturdays, Sundays, or commercial use requests, reviewing) forth in § 2402.4. legal Federal holidays. Any requests records in response to the FOIA request. (12) The terms ‘‘representative of the received after 5:00PM on any given Direct costs include the salary of the news media’’ or ‘‘news media requester’’ working day will be considered received employee or employees performing the mean any person or entity that gathers on the next working day. work (i.e., the basic rate of pay for the information of potential interest to a employee plus 16 percent of that rate to segment of the public, uses its editorial § 2402.4 Procedure for requesting records. cover benefits) and the cost of operating skills to turn the raw materials into a (a) Format of requests—(1) In general. computers and other electronic distinct work, and distributes that work Requests for information must be made equipment, such as photocopiers and to an audience. In this clause, the term in writing and may be delivered by scanners. Direct costs do not include ‘‘news’’ means information that is about mail, fax, or electronic mail, as specified overhead expenses, such as the cost of current events or that would be of in § 2402.2(c). All requests must be space, heating, or lighting of the facility current interest to the public. Examples made in English. Requests for in which the records are stored. of news media entities are television or information may specify the preferred (6) The term ‘‘duplication’’ means the radio stations broadcasting to the public format (including electronic formats) of making of a copy of a record, or of the at large and publishers of periodicals the response. When requesters do not information contained in it, necessary to (but only if such entities qualify as specify the preferred format of the respond to a FOIA request. Copies can disseminators of news) who make their response, OSTP shall produce scanned take the form of paper, microform, products available for purchase by or records to be delivered electronically. audiovisual materials, or electronic subscription by or free distribution to (2) Electronic format records. (i) OSTP records (for example, magnetic tape or the general public. These examples are shall provide the responsive records in disk), among others. not all-inclusive. Moreover, as methods the format requested if the record or (7) The term ‘‘educational institution’’ of news delivery evolve, such as records are readily reproducible by means a preschool, a public or private through electronic or digital means, OSTP in that format. OSTP shall make elementary or secondary school, an such news sources shall be considered reasonable efforts to maintain its records institution of undergraduate higher to be news media entities. A freelance in formats that are reproducible for the education, an institution of graduate journalist shall be regarded as working purpose of disclosure. For purposes of higher education, an institution of for a news-media entity if the journalist this paragraph, the term readily professional education, or an institution can demonstrate a solid basis for reproducible means, with respect to of vocational education that operates a expecting publication through that electronic format, a record that can be program of scholarly research. To be in entity, whether or not the journalist is downloaded or transferred intact to an

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electronic medium using equipment sufficient information to perfect the requested is not a record subject to the currently in use by the office processing request is actually received by OSTP. FOIA; the requested record does not the request. Even though some records (d) Contact information. Requesters exist, cannot be located, or has been may initially be readily reproducible, must provide contact information, such destroyed; or the requested record is not the need to segregate exempt from as the requester’s phone number, email readily reproducible in the form or nonexempt records may cause the address, or mailing address, to enable format sought by the requester; denials releasable material to be not readily OSTP to communicate with the involving fees or fee waiver matters; and reproducible. requester about the request and provide denials of requests for expedited (ii) In responding to a request for released records. If OSTP cannot contact processing. records, OSTP shall make reasonable the requester, or the requester does not (e) Content of adverse determinations. efforts to search for the records in respond within 30 calendar days to Any adverse determination issued by electronic format, except where such OSTP’s requests for clarification, OSTP OSTP must include: efforts would interfere with the will administratively close the request. (1) A brief statement of the reasons for operation of the agency’s automated (e) Types of records not available. The the adverse determination, including information system(s). For purposes of FOIA does not require OSTP to: any FOIA exemption applied by the this paragraph, the term ‘‘search’’ means (1) Compile or create records solely agency in denying access to a record to locate, manually or by automated for the purpose of satisfying a request unless to do so would harm the interest means, agency records for the purpose for records; protected by an applicable exemption; of identifying those records that are (2) Provide records not yet in (2) An estimate of the volume of any responsive to a request. existence, even if such records may be records or information withheld, such (iii) Searches for records maintained expected to come into existence at some as the number of pages or other in electronic format may require the future time; reasonable form of estimation, although application of codes, queries, or other (3) Restore records destroyed or such an estimate is not required if the minor forms of programming to retrieve otherwise disposed of, except that OSTP volume is otherwise indicated by the requested records. must notify the requester that the deletions marked on records that are (3) Attachment restrictions. To protect requested records have been destroyed disclosed in part or if providing an OSTP’s computer systems, OSTP will or disposed. estimate would harm an interest not accept files sent as email protected by an applicable exemption; attachments or as web links. Requesters § 2402.5 Responses to requests. (3) A statement that the adverse can submit requests by postal mail, by (a) In general. In determining which determination may be appealed under fax, or in the body of the email text. records are responsive to a request, § 2402.8 and a description of the appeal (b) Contents. A request must describe OSTP will ordinarily include only requirements. the records sought in sufficient detail to records in its possession as of the date (4) A statement notifying the requester enable OSTP personnel to locate the it begins its search for records. If any of the assistance available from OSTP’s records with a reasonable amount of other date is used, the OSTP shall FOIA Public Liaison and the dispute effort. To the extent possible, requesters inform the requester of that date. resolution services offered by the Office should include specific information that (b) Authority to grant or deny of Government Information Services. may assist OSTP personnel in requests. OSTP shall make initial (f) Consultations, referrals, and identifying the requested records, such determinations to grant or deny in coordinations. When OSTP receives a as the date, title or name, author, whole or in part a request for records. request for a record in its possession, it recipient, and subject matter of the (c) Granting of Requests. When OSTP shall determine whether another agency record. In general, requesters should determines that any responsive records of the Federal Government is better able include as much detail as possible about shall be made available, OSTP shall to determine whether the record is the specific records or the types of notify the requester in writing and exempt from disclosure under FOIA records he or she is seeking. Before provide copies of the requested records and, if so, whether it should be submitting a request, requesters may in whole or in part. Records disclosed disclosed as a matter of administrative contact the OSTP FOIA Public Liaison in part shall be marked or annotated to discretion. If OSTP determines that it is to discuss the records they are seeking show the exemption applied to the best able to process the record in and to receive assistance in describing withheld information and the amount of response to the request, then it shall do the records. If, after receiving a request, information withheld unless to do so so. If OSTP determines that it is not best OSTP determines that it does not would harm the interest protected by an able to process the record, then it shall reasonably describe the records sought applicable exemption. If a requested proceed in one of the following ways: or that the request will be unduly record contains exempted material (1) Consultation. When records burdensome to process, OSTP shall along with nonexempt material, all originating with OSTP contain inform the requester what additional reasonable segregable material shall be information of interest to another information is needed or how the disclosed. Federal agency, OSTP should typically request may be modified. Requesters (d) Adverse determinations. If OSTP consult with that Federal agency prior who are attempting to reformulate or makes an adverse determination to making a release determination. modify such a request may discuss their denying a request in any respect, it must (2) Referral. (i) When OSTP believes request with OSTP’s FOIA Public notify the requester of that adverse that a different Federal agency is best Liaison, who is available to assist. determination in writing. Adverse able to determine whether to disclose (c) Date of receipt. A request that determinations include decisions that: the record, OSTP should typically refer complies with paragraphs (a) and (b) of The requested record is exempt from the responsibility for responding to the this section is deemed a ‘‘perfected disclosure, in whole or in part; the request regarding that record to that request.’’ A perfected request is deemed request does not reasonably describe the agency. Ordinarily, the agency that received on the actual date it is received records sought, but only if, after originated the record is presumed to be by OSTP. A request that does not discussion with the FOIA Public the best agency to make the disclosure comply with paragraphs (a) and (b) of Liaison, the requester refuses to modify determination. If OSTP and another this section is deemed received when the terms of the request; the information Federal agency jointly agree that the

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agency processing the request is in the paragraph (b) of this section may be certified to be true and correct, best position to respond regarding the extended if unusual circumstances explaining in detail the basis for making record, then the record may be handled arise. If an extension is necessary, OSTP the request for expedited processing. As as a consultation. shall promptly notify the requester of a matter of administrative discretion, (ii) Whenever OSTP refers any part of the extension, briefly stating the reasons OSTP may waive the formal the responsibility for responding to a for the extension, and estimating when certification requirement. request to another agency, OSTP must a response will be issued. Unusual (4) Administrative appeals of denials document the referral, maintain a copy circumstances warranting extension are: of expedited processing will be given of the record that it refers, and notify the (i) The need to search for and collect expeditious consideration. If the FOIA requester of the referral. the requested records from field Appeals Officer upholds the denial of (iii) After OSTP refers a record to facilities or other establishments that are expedited processing, that decision is another Federal agency, the agency separate from the office processing the immediately subject to judicial review receiving the referral shall make a request; in the appropriate Federal district court. disclosure determination and respond (ii) The need to search for, collect, (e) Multi-track processing. (1) OSTP directly to the requester. The referral of and appropriately examine a may use multi-track processing in a record is not an adverse determination voluminous amount of separate and responding to requests. Multi-track and no appeal rights accrue to the distinct records which are demanded in processing means placing simple requester. a single request; or requests that require limited review in (3) Coordination. The standard (iii) The need for consultation, which one processing track and placing more referral procedure is not appropriate shall be conducted with all practicable voluminous and complex requests in where disclosure of the identity of the speed, with another agency having a one or more other tracks. Requests in Federal agency to which the referral substantial interest in the determination each track are processed on a first-in/ would be made could harm an interest of the request or among two or more first-out basis. protected by an applicable exemption, components of the agency having a (i) Track one—expedited requests. such as the exemptions that protect substantial subject-matter interest Track one is made up of requests that personal privacy or national security therein. sought and received expedited interests. For example, if a non-law (2) After OSTP notifies the requester processing as provided for in paragraph enforcement agency responding to a of the reasons for the delay, the (d)(2) of this section. request for records on a living third requester will have an opportunity to (ii) Track two—simple requests. Track party locates within its files records modify the request or arrange for an two is for requests of simple to moderate originating with a law enforcement alternative time frame for completion of complexity that do not require agency, and if the existence of that law the request. To assist in this process, consultations with other entities and do enforcement interest in the third party OSTP shall advise the requester of the not involve voluminous records. availability of OSTP’s FOIA Public was not publicly known, then to (iii) Track three—complex requests. Liaison to aid in the resolution of any disclose that law enforcement interest Track three is for complex requests that disputes between the requester and could cause an unwarranted invasion of involve voluminous records, require OSTP, and notify the requester of his or the personal privacy of the third party. lengthy or numerous consultations, her right to seek dispute resolution Similarly, if an agency locates within its raise unique or novel legal questions, or services from the Office of Government files material originating with an require submitter review under § 2402.7. Intelligence Community agency, and the Information Services. (3) If no initial determination is made (2) OSTP may provide requesters with involvement of that agency in the matter requests in slower track(s) with an is classified and not publicly at the end of the 20 day period provided for in paragraph (b) of this section, opportunity to limit the scope of their acknowledged, then to disclose or give requests in order to qualify for faster attribution to the involvement of that including any extension, the requester may appeal the action to the FOIA processing within the specified limits of Intelligence Community agency could faster track(s). OSTP will do so by cause national security harms. In such Appeals Officer. (d) Expedited processing of request. contracting the requester by letter, instances, in order to avoid harm to an telephone, email, or facsimile, interest protected by an applicable (1) A requester may make a request for expedited processing at any time. whichever is more efficient in each case. exemption, OSTP will coordinate with When providing a requester with the the originating agency to seek its views (2) When a request for expedited processing is received, OSTP must opportunity to limit the scope of a on disclosure of the record. OSTP will request, OSTP shall also advise the then notify the requester of the release determine whether to grant the request for expedited processing within ten (10) requester of OSTP’s FOIA Public determination for the record that is the Liaison to aid in the resolution of any subject of the coordination. calendar days of its receipt. Requests will receive expedited processing if one dispute arising between the requester § 2402.6 Timing of Responses to of the following compelling needs is and OSTP as well as the requester’s Requests. met: right to seek dispute resolution services (a) In general. OSTP shall ordinarily (i) The requester can establish that from the Office of Government respond to requests according to their failure to receive the records quickly Information Services. order of receipt. could reasonably be expected to pose an (f) Aggregating requests. OSTP may (b) Initial determinations. OSTP will imminent threat to the life or physical aggregate requests if it reasonably exercise all reasonable efforts to make safety of an individual; or appears that multiple requests an initial determination acknowledging, (ii) The requester is primarily engaged submitted either by a single requester, granting, partially granting, or denying a in disseminating information and can or by a group of requesters acting in request for records within 20 working demonstrate that an urgency to inform concert, involve related matters and days after receiving a perfected request. the public concerning actual or alleged constitute a single request that (c) Extensions of response time in federal government activity exists. otherwise would involve unusual ‘‘unusual circumstances.’’ (1) The 20 (3) A requester who seeks expedited circumstances. For example, OSTP may working day period provided in processing must submit a statement, aggregate multiple requests for similar

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information filed by a single requester within the notice. If a submitter has any specified disclosure date, but no within a short period of time. objection to disclosure, the submitter is opportunity to object will be offered; or required to provide a detailed written (5) The information requested was not § 2402.7 Confidential commercial statement of objections. The statement designated by the submitter as exempt information. must specify all grounds for from disclosure in accordance with this (a) In general. Business information withholding any portion of the part, when the submitter had an obtained by OSTP from a submitter will information under any exemption of opportunity to do so at the time of be disclosed under FOIA only under FOIA and, in the case of information submission of the information or a this section. withheld under 5 U.S.C. 552(b)(4), the reasonable time thereafter, unless OSTP (b) Definitions. For purposes of this submitter must demonstrate the reasons has substantial reason to believe that section: the submitter believes the information is disclosure of the information would (1) Confidential commercial a trade secret or commercial or financial result in competitive harm. information means records provided to information that is privileged or (i) Notice of FOIA lawsuit. Whenever the government by a submitter that confidential. In the event that a a requester files a lawsuit seeking to arguably contain material exempt from submitter fails to adequately respond to compel the disclosure of business release under 5 U.S.C. 552(b)(4). the notice within the time specified, the information, OSTP shall promptly (2) Submitter means any person or submitter will be considered to have no notify the submitter. entity from whom OSTP obtains objection to disclosure of the (j) Notice to requesters. Whenever confidential commercial information, information. Information provided by OSTP provides a submitter with notice directly or indirectly. The term includes the submitter that OSTP does not and an opportunity to object to corporations; state, local, and tribal receive within the time specified shall disclosure under paragraph (d) of this governments; universities; non-profit not be considered by OSTP. Information section, OSTP shall also notify the organizations; associations; and foreign provided by a submitter under this requester(s). Whenever OSTP notifies a governments. paragraph may itself be subject to submitter of its intent to disclose (c) Designation of business disclosure under FOIA. requested information under paragraph information. A submitter of business (g) Notice of intent to disclose. OSTP (g) of this section, OSTP shall also information will use good-faith efforts to notify the requester(s). Whenever a designate, by appropriate markings, shall consider a submitter’s objections and specific grounds for nondisclosure submitter files a lawsuit seeking to either at the time of submission or at a prevent the disclosure of business reasonable time thereafter, any portions in deciding whether to disclose business information. Whenever OSTP information, OSTP shall notify the of its submission that it considers to be requester(s). protected from disclosure under 5 determines that disclosure is U.S.C. 552(b)(4). These designations appropriate over the objection of a § 2402.8 Appeal of denials. will expire ten years after the date of the submitter, OSTP shall, within a (a) Right to administrative appeal. submission unless the submitter reasonable number of days prior to The requester has the right to appeal to requests, and provides justification for, disclosure, provide the submitter with the FOIA Appeals Officer any adverse a longer designation period. written notice of the intent to disclose, determination. (d) Notice to submitters. OSTP shall which shall include: (b) Notice of appeal—(1) Time for provide a submitter with prompt written (1) A statement of the reason(s) why appeal. To be considered timely, an notice of a FOIA request or each of the submitter’s disclosure appeal must be postmarked, or in the administrative appeal that seeks its objections was not sustained; case of electronic submissions, business information, in order to give (2) A description of the business transmitted no later than ninety (90) the submitter an opportunity to object to information to be disclosed; and calendar days after the date of the initial disclosure of any specified portion of (3) A specified disclosure date, which adverse determination or after the time that information. The notice shall either shall be a reasonable time subsequent to limit for response by OSTP has expired. describe the business information the notice. Prior to submitting an appeal, the requested or include copies of the (h) Exceptions to notice requirements. requester must pay in full any requested records or record portions The notice requirements of paragraphs outstanding fess associated with the containing the information. When (d) and (g) of this section shall not apply request. notification of a voluminous number of if: (2) Form of appeal. An appeal shall be submitters is required, notification may (1) OSTP determines that the initiated by filing a written notice of be made by posting or publishing the information should not be disclosed; appeal. The notice shall specify the notice in a place reasonably likely to (2) The information lawfully has been internal control number assigned to the accomplish it. published or has been officially made FOIA request by OSTP and be (e) Where notice is required. Notice available to the public; accompanied by copies of the original shall be given to a submitter wherever: (3) Disclosure of the information is request and adverse determination. To (1) The information has been required by statute (other than FOIA) or expedite the appellate process and give designated in good faith by the by a regulation issued in accordance the requester an opportunity to present submitter as information considered with the requirements of Executive his or her arguments, the notice should protected from disclosure under Order 12600 of June 23, 1987. contain a brief statement of the reasons Exemption 4; or (4) The designation made by the why the requester believes the adverse (2) OSTP has reason to believe that submitter under paragraph (c) of this determination to be in error. Requesters the information may be protected from section appears obviously frivolous. In may submit appeals by mail or disclosure under Exemption 4. such a case, OSTP shall, within a electronically. Appeals sent via (f) Opportunity to object to disclosure. reasonable time prior to a specified electronic mail shall be submitted to OSTP will allow a submitter a disclosure date, give the submitter [email protected]. If sent by regular reasonable time to respond to the notice written notice of any final decision to mail, appeals shall be sent to: Chief described in paragraph (d) of this disclose the information within a FOIA Officer, Office of Science and section and will specify that time period reasonable number of days prior to the Technology Policy, Eisenhower

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Executive Office Building, 1650 (1) Search fee. Search fees may be a lower cost. OSTP may Pennsylvania Ave NW, Washington, DC charged even if responsive documents administratively close a submitted FOIA 20504. Updates to this contact are not located or if they are located but request if the requester does not respond information will be made on the OSTP withheld on the basis of an exemption. in writing within 30 calendar days after website. To facilitate handling, the However, search fees shall be limited or the date on which OSTP notifies the requester should mark both the appeal not charged as follows: requester of the fee estimate. letter and envelop or subject line of the (i) Educational, scientific or news (e) Advance payments. Fees may be electronic transmission ‘‘Freedom of media requests. No search fee shall be paid upon provision of the requested Information Act Appeal.’’ charged if the request is not sought for records, except that payment may be (c) Decisions on Appeals. The Chief a commercial use and is made by an required prior to that time if the FOIA Officer (or designee) shall make a educational or scientific institution, requester has previously failed to pay determination in writing on the appeal whose purpose is scholarly or scientific fees or if OSTP determines that the total under 5 U.S.C. 552(a)(6)(A)(ii) within 20 research, or by a representative of the fee will exceed $250.00. When payment working days after the receipt of the news media. is required in advance of the processing appeal. If the denial is wholly or (ii) Other non-commercial requests. of a request, the time limits prescribed partially upheld, the Chief FOIA Officer No search fee shall be charged for the in § 2402.6 shall not be deemed to begin shall: first two hours of searching if the until OSTP has received payment of the (1) Notify the requester that judicial request is not for a commercial use and assessed fee. If the requester has review is available pursuant to 5 U.S.C. is submitted by an entity that is not an previously failed to pay fees or charges educational or scientific institution, or a 552(a)(4)(B)–(G); and are likely to exceed $250, OSTP shall representative of the news media. notify the requester of the estimated cost (2) Notify the requester that the Office (iii) Requests for records about self. of Government Information Services and: No search fee shall be charged to search (1) Obtain satisfactory assurance from (OGIS) offers mediation services to for records performed under the terms resolve disputes between FOIA the requester, in writing, of full of the Privacy Act, 5 U.S.C. 552a(f)(5). payment; or requesters and federal agencies as a non- (2) Review fee. Review fees shall be exclusive alternative to litigation. (2) OSTP may require the requester to assessed only with respect to those pay the full amount of any fees owed Contact information for OGIS is: Office requesters who seek records for a of Government Information Services, and/or make an advance payment of the commercial use. A review fee shall be full amount of OSTP’s estimated National Archives and Records charged for the initial examination of Administration, 8601 Adelphi Road- charges. documents located in response to a (3) If OSTP does not receive an OGIS, College Park, MD 20740, Email: request to determine whether the [email protected], Telephone: 202–741– adequate response, assurance, or documents may be withheld from advanced payment within 30 calendar 5770, Facsimile: 202–741–5769, Toll- disclosure and for the redaction of free: 1–877–684–6448. days of a fee determination or document portions exempt from notification issued under the authority (d) Dispute resolution services. disclosure. Records or portions of of this section, OSTP will Dispute resolution is a voluntary records withheld in full under an administratively close the process. If OSTP agrees to participate in exemption that is subsequently corresponding request. the dispute resolution services provided determined not to apply may be (f) Other charges. OSTP will recover by the Office of Government reviewed again to determine the the full costs of providing services such Information Services, it will actively applicability of other exemptions not as those enumerated below when it engage as a partner to the process in an previously considered. The costs for elects to provide them: attempt to resolve the dispute. such a subsequent review are also (1) Certifying that records are true (e) When appeal is required. Before assessable. copies; seeking judicial review by a court of (3) Duplication fee. Records will be (2) Sending records by special OSTP’s adverse determination, a photocopied at a rate of $0.10 per page. methods such as express mail. requester generally must first submit a For other methods of reproduction or (g) Remittances. Remittances shall be timely administrative appeal. duplication, OSTP will charge the in the form either of a personal check actual direct costs of producing the § 2402.9 Fees. or bank draft drawn on a bank in the document(s). Duplication fees shall not United States, or a postal money order. (a) Fees generally required. OSTP be charged for the first 100 pages of Remittances shall be made payable to shall use the most efficient and least copies unless the copies are requested the Treasury of the United States and costly methods to comply with requests for a commercial use. mailed to the Chief FOIA Officer, Office for documents made under FOIA. OSTP (c) Aggregation of requests. When of Science and Technology Policy, shall charge fees in accordance with OSTP determines that a requester, or a Eisenhower Executive Office Building, paragraph (b) of this section unless fees group of requesters acting in concert, is 1650 Pennsylvania Avenue NW, are waived or reduced in accordance attempting to evade the assessment of Washington, DC 20504. Updates to this with § 2402.10. fees by submitting multiple requests in contact information will be made on the (b) Calculation of fees. In general, fees the place of a single more complex OSTP website. for searching, reviewing, and request, OSTP may aggregate any such (h) Receipts and refunds. A receipt for duplication will be based on the direct requests and assess fees accordingly. fees paid will be given upon request. A costs of these services, including the (d) Fees likely to exceed $25. If the refund of fees paid for services actually average hourly salary (basic pay plus total fee charges are likely to exceed rendered will not be made. 16% for benefits) for the employee(s) $25, OSTP shall notify the requester of conducting the search, reviewing the the estimated amount of the charges. § 2402.10 Waiver of fees. records for exemption, or duplicating The notification shall offer the requester (a) In general. OSTP shall waive part the records. Charges for time less than an opportunity to confer with the FOIA or all of the fees assessed under § 2402.9 a full hour will be in increments of Public Liaison to reformulate the if, based upon information provided by quarter hours. request to meet the requester’s needs at a requester or otherwise made known to

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OSTP, the disclosure of the requested factors in paragraphs (a)(1) and (2) of could effectively limit the scope of the information is in the public interest. this section, the request is not primarily request in accordance with 5 U.S.C. Disclosure is in the public interest if it in the commercial interest of the 552(a)(6)(B)(ii). is likely to contribute significantly to requester. Data brokers or others who (3) If a court determines that public understanding of government merely compile and market government exceptional circumstances exist, as operations and is not primarily for information for direct economic return defined by the FOIA, then a failure to commercial purposes. Requests for a will not be presumed to primarily serve comply with the time limits shall be waiver or reduction of fees shall be the public interest. excused for the length of time provided considered on a case by case basis. To (b) Timing of fee waivers. Requests for by the court order. determine whether a fee waiver a waiver or reduction of fees should be requirement is met, OSTP shall consider made when the request is first § 2402.11 Maintenance of statistics. the following factors: submitted to the agency and should (a) OSTP shall maintain records that (1) Disclosure of the requested address the criteria referenced in are sufficient to allow accurate reporting information would shed light on the paragraph (a) of this section. A requester of FOIA processing statistics, as operations or activities of the may submit a fee waiver request at a required under 5 U.S.C. 552(e) and all government. The subject of the request later time so long as the underlying guidelines for the preparation of annual must concern identifiable operations or record request is pending or on FOIA reports issued by the Department activities of the Federal Government administrative appeal. When a requester of Justice. with a connection that is direct and who has committed to pay fees (b) OSTP shall annually, on or before clear, not remote or attenuated. subsequently asks for a waiver of those February 1 of each year, prepare and (2) Disclosure of the requested fees and that waiver is denied, the submit to the Attorney General an information is likely to contribute requester must pay any costs incurred annual report compiling the statistics significantly to public understanding of up to the date of the fee waiver request maintained in accordance with those operations or activities. This was received. paragraph (a) of this section for the factor is satisfied when the following (b) Clarification. Where OSTP has previous fiscal year. A copy of the criteria are met: reasonable cause to doubt the use to report will be available for public (i) Disclosure of the requested records which a requester will put the records inspection at the OSTP website. must be meaningfully informative about sought, or where that use is not clear § 2402.12 Disclaimer. government operations or activities. The from the request itself, OSTP may seek disclosure of information that already is clarification from the requester before Nothing in this part shall be in the public domain, in either the same assigning the request to a specific construed to entitle any person, as a or a substantially identical form, would category for fee assessment purposes. right, to any service or to the disclosure not be meaningfully informative if (c) Restrictions on charging fees. of any record to which such person is nothing new would be added to the Except as described in paragraphs (c)(1) not entitled under FOIA. public’s understanding. through (3) of this section, if OSTP fails Ted Wackler, (ii) The disclosure must contribute to to comply with the FOIA’s time limits Deputy Chief of Staff and Assistant Director. the understanding of a reasonably broad for responding to a request, it may not [FR Doc. 2018–23606 Filed 10–30–18; 8:45 am] audience of persons interested in the charge search fees. In addition, subject subject, as opposed to the individual to the exceptions set forth in (c)(1) BILLING CODE 3270–F9–P understanding of the requester. A through (3) of this section, if OSTP does requester’s expertise in the subject area not comply with the FOIA’s time limits as well as the requester’s ability and for responding to a request, it may not ENVIRONMENTAL PROTECTION intention to effectively convey charge duplication fees when records AGENCY information to the public must be are not sought for a commercial use and 40 CFR Parts 49 and 52 considered. OSTP will presume that a the request is made by an educational representative of the news media will institution, non-commercial scientific [EPA–R10–OAR–2017–0347; FRL–9985–78– satisfy this consideration. institution, or representative of the news Region 10] (3) The disclosure must not be media. Indian Country: Air Quality Planning primarily in the commercial interest of (1) If OSTP determines that unusual and Management; Federal the requester. To determine whether circumstances, as defined by the FOIA, Implementation Plan for the Kalispel disclosure of the requested information apply and provides timely written Indian Community of the Kalispel is primarily in the commercial interest notice to the requester in accordance Reservation, Washington; of the requester, OSTP will consider the with the FOIA, then a failure to comply Redesignation to a PSD Class I Area following criteria: with the statutory time limit shall be (i) OSTP will identify whether the excused for an additional 10 days. AGENCY: Environmental Protection requester has any commercial interest (2) If OSTP determines that unusual Agency (EPA). that would be furthered by the circumstances, as defined by the FOIA, ACTION: Proposed rule. requested disclosure. A commercial apply and more than 5,000 pages are interest includes any commercial, trade, necessary to respond to the request, SUMMARY: The Environmental Protection or profit interest. Requesters are then OSTP may charge search fees and Agency (EPA) is proposing to approve encouraged to provide explanatory duplication fees, where applicable, if and seek public comment on the May information regarding this the following steps are taken. OSTP 11, 2017, proposal by the Kalispel consideration. must (1) provide timely written notice Indian Community of the Kalispel (ii) If there is an identified of unusual circumstances to the Reservation (herein referred to as the commercial interest, OSTP will requester in accordance with the FOIA; Kalispel Tribe of Indians or Kalispel determine whether that is the primary and (2) discuss with the requester via Tribe) to redesignate lands within the interest furthered by the request. OSTP written mail, email, or telephone (or exterior boundaries of the Kalispel will ordinarily presume that when a made not less than three good-faith Indian Reservation located in the State news media requester has satisfied attempts to do so) how the requester of Washington to Class I under the

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Clean Air Act (Act or CAA) program for www.regulations.gov. Follow the online and Indian governing bodies to the prevention of significant instructions for submitting comments. redesignate areas under their deterioration (PSD) of air quality. Once submitted, comments cannot be jurisdiction to PSD Class I or PSD Class Redesignation to Class I will result in edited or removed from Regulations.gov. III to accommodate the social, lowering the allowable increases in The EPA may publish any comment economic, and environmental needs and ambient concentrations of particulate received to its public docket. Do not desires of the local population. matter (PM), sulfur dioxide (SO2), and submit electronically any information On May 11, 2017, the Kalispel Tribe nitrogen oxides (NOX) on the Kalispel you consider to be Confidential submitted to the EPA an official Indian Reservation. The EPA is Business Information (CBI) or other proposal to redesignate the original proposing to codify the redesignation information, the disclosure of which is Kalispel Reservation from Class II to through a revision to the Federal restricted by statute. Multimedia Class I. The original Kalispel Implementation Plan (FIP) currently in submissions (audio, video, etc.) must be Reservation was established by place for the Kalispel Indian accompanied by a written comment. Executive Order No. 1904, signed by Reservation. This FIP will be The written comment is considered the President Woodrow Wilson on March implemented by the EPA unless or until official comment and should include 23, 1914. A copy of this Executive Order it is replaced by a Tribal discussion of all points you wish to is included in the docket for this Implementation Plan (TIP). make. The EPA will generally not proposed action. The Kalispel Tribe DATES: Comments: Written comments consider comments or comment submitted a supplement to the official must be received on or before December contents located outside of the primary proposal on July 13, 2017. The Kalispel 14, 2018. submission (i.e. on the web, cloud, or Reservation is located in the State of Public hearing: A public hearing is other file sharing system). For Washington. With their proposal and offered to provide interested parties the additional submission methods, the full supplement, the Kalispel Tribe opportunity to present information and EPA public comment policy, submitted an analysis of the impacts of opinions to the EPA concerning our information about CBI or multimedia the redesignation within and outside of proposal. Interested parties may also submissions, and general guidance on the proposed Class I area, submit written comments, as discussed making effective comments, please visit documentation of the delivery and below. A public hearing on this matter https://www.epa.gov/dockets/ publication of appropriate notices, a will be held on December 6, 2018, commenting-epa-dockets. record of the public hearing held on between 6:00 p.m. and 9:00 p.m. Pacific FOR FURTHER INFORMATION CONTACT: April 10, 2017, and comments received Standard Time in the Newport Sandra Brozusky at (206) 553–5317, or by the Kalispel Tribe on the proposed Conference Room located in the Pend [email protected]. redesignation. The following discusses Oreille Public Utility District Building, SUPPLEMENTARY INFORMATION: the requirements for a redesignation and how the Kalispel Tribe complied with 130 North Washington Street, Newport, Throughout this document, wherever those requirements. Washington 83822. At the hearing, the ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is hearing officer may limit oral testimony intended to refer to the EPA. A. Statutory and Regulatory to 5 minutes per person. The hearing Table of Contents Requirements for Redesignation will be limited to the subject matter of I. Background Section 164 of the CAA and 40 CFR this proposal, the scope of which is 52.21(g) outline the requirements for discussed below. Written comments II. Proposed Action III. Statutory and Executive Order Reviews redesignation of areas under the PSD may also be submitted at the hearing or IV. Statutory Authority program. Section 164(c) of the CAA by following the process described provides that the lands within the below. The EPA will not respond to I. Background exterior boundaries of the reservations comments during the public hearing. Part C of the CAA contains the PSD of Federally-recognized Indian tribes When we publish our final action, we program. The intent of this part is to may be redesignated only by the will provide a written response to all prevent deterioration of existing air appropriate Indian governing body. relevant written or oral comments quality in areas having relatively clean Under section 164(b)(2) of the CAA, received on the proposal. The EPA will air, i.e. areas meeting the National Congress generally established a narrow not be providing equipment for Ambient Air Quality Standards role for the EPA in reviewing state and commenters to show overhead slides or (NAAQS). The Act provides for three tribal PSD redesignations. Congress make computerized slide presentations. basic classifications applicable to all explained that the EPA may disapprove A transcript of the hearing and written lands of the United States. Associated a redesignation only if it finds, after comments will be made available for with each classification are increments notice and opportunity for hearing, that copying during normal working hours at which represent the increase in air the redesignation does not meet the the address listed for inspection of pollutant concentrations that would be procedural requirements of section 164 documents, and also included in the considered significant. PSD Class I of the Act or it is inconsistent with docket for this proposed action. Any allows the least amount of deterioration section 162(a) or 164(a) of the CAA. See member of the public may provide of existing air quality. PSD Class II 42 U.S.C. 7474(b)(2). Section 162(a) of written or oral comments and data allows a moderate amount of the Act establishes mandatory Class I pertaining to our proposal at the deterioration, while PSD Class III allows areas and section 164(a) of the CAA hearing. Note that any written the greatest amount of deterioration. identifies areas that may not be comments and supporting information Under the 1977 Amendments to the redesignated to Class III. See 42 U.S.C. submitted during the comment period Clean Air Act, all areas of the country 7472(a) & 7474(a). Because of the nature will be considered with the same weight that met the NAAQS were initially of the area proposed for redesignation to as any oral comments presented at the designated as Class II, except for certain Class I, neither of these sections prohibit public hearing. international parks, wilderness areas, the proposed redesignation. ADDRESSES: Submit your comments, national memorial parks and national The EPA is proposing this action in identified by Docket ID No. EPA–R10– parks, and any other areas previously accordance with the requirements of OAR–2017–0347 at https:// designated Class I. The Act allows states section 164 of the CAA. In section 164

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of the Act, Congress provides states and within the exterior boundaries of the redesignation. In addition, on March 6, tribes the ultimate authority to reclassify Reservation are proposed for 2017, the Kalispel Tribe sent similar any lands within their borders as Class redesignation. The EPA proposes to find letters to the Federal Land Managers for I based on the following statutory and that the Tribe’s submittal demonstrates the Little Pend Oreille National Forest, regulatory requirements: that the Tribe met the requirements for Idaho Panhandle National Forest, (1) At least one public hearing must redesignation discussed above, as Colville National Forest, as well as the be held in accordance with procedures follows: Spokane Office of the Bureau of Land established in 40 CFR 51.102. See 40 (1) At least one public hearing must Management. None of the letter CFR 52.21(g)(2)(i). be held in accordance with procedures recipients requested consultation with (2) Other States, Indian Governing established in 40 CFR 51.102. See 40 the Kalispel Tribe regarding the Bodies, and Federal Land Managers CFR 52.21(g)(2)(i). proposal. As discussed in section I.B(1), whose lands may be affected by the The Kalispel Tribe conducted a public the Kalispel Tribe also ran public proposed redesignation must be notified hearing on April 10, 2017, at the service notices in the area newspaper on at least 30 days prior to the public Kalispel Tribe’s Camas Center for March 8, 2017 and March 15, 2017, hearing. See 40 CFR 52.21(g)(2)(ii). Community Wellness in Cusik, announcing the public hearing. Based (3) At least 30 days prior to the Tribe’s Washington. Notice of the hearing on the outreach to states, Indian public hearing, a discussion of the appeared in the area newspaper on governing bodies, and the Federal Land reasons for the proposed redesignation March 8, 2017, at least 30 days prior to Managers whose lands may be affected including a satisfactory description and the hearing. The notice appeared again by the proposed redesignation, the EPA analysis of the health, environmental, in the same area newspaper on March proposes to determine that the Kalispel economic, social, and energy effects of 15, 2017. The newspaper notices Tribe complied with the notice the proposed redesignation must be contained the date, time, and place of requirements of 40 CFR 52.21(g)(2)(ii). prepared and made available for public the hearing. The notices also included (3) At least 30 days prior to the Tribe’s inspection. See 40 CFR 52.21(g)(2)(iii). instructions for submitting comments public hearing, a discussion of the (4) Prior to the issuance of the public on the proposal. In addition, the reasons for the proposed redesignation notice for a proposed redesignation of newspaper notices informed the public including a satisfactory description and an area that includes Federal lands, the of the availability of a report entitled analysis of the health, environmental, Tribe must provide written notice to the ‘‘Kalispel Indian Reservation Prevention economic, social and energy effects of appropriate Federal Land Manager and of Significant Deterioration Program the proposed redesignation must be afford an adequate opportunity for the Class I Redesignation Technical Report, prepared and made available for public Federal Land Manager to confer with Usk, Washington’’ (Technical Report). inspection. See 40 CFR 52.21(g)(2)(iii). the Tribe and submit written comments The contents of the Technical Report are In accordance with the requirement and recommendations. See 40 CFR discussed further in section I.B(3). The above, the Kalispel Tribe completed the 52.21(g)(2)(iv). Kalispel Tribe provided notice of the Technical Report in February 2017. The (5) The proposal to redesignate has hearing to the State of Washington Technical Report includes a description been made after consultation with the Department of Ecology on March 6, and analysis of the health, elected leadership of local and other 2017, and EPA Region 10 on March 8, environmental, economic, social, and substate general purpose governments 2017. The Kalispel Tribe’s submittal energy effects of the proposed in the area covered by the proposed includes a certification that the hearing redesignation. At least 30 days prior to redesignation. See 40 CFR 52.21(g)(2)(v). was held in compliance with 40 CFR the public hearing, the Kalispel Tribe (6) Prior to proposing the 51.102, as well as a transcript of the made the Technical Report available on redesignation, the Indian Governing hearing, notices, invitations to consult, its website, as well as in hard copy form Body must consult with the State(s) in and copies of comments received. These at the Kalispel Tribal Headquarters in which the Indian Reservation is located documents are included in the docket Cusick, Washington.2 In addition, the and that border the Indian Reservation. for this proposed action. Accordingly, Kalispel Tribe’s May 11, 2017, proposal See 40 CFR 52.21(g)(4)(ii). the EPA proposes to determine that the included documentation that (7) Following completion of the hearing held by the Kalispel Tribe availability of the Technical Report was procedural steps and consultation, the satisfied the public hearing requirement sent to appropriate state, local, and Tribe must submit to the Administrator in 40 CFR 52.21(g)(2)(i). Federal officials at least 30 days prior to a proposal to redesignate the area. See (2) Other States, Indian Governing the hearing. 40 CFR 52.21(g)(4). Bodies, and Federal Land Managers The Technical Report includes whose lands may be affected by the analyses of the health, environmental, B. Kalispel Tribe of Indians’ Submittal proposed redesignation must be notified economic, social, and energy effects of The May 11, 2017, proposal for at least 30 days prior to the public the proposed redesignation. The redesignation and the July 13, 2017, hearing. See 40 CFR 52.21(g)(2)(ii). Technical Report contains a detailed supplement, submitted by Mr. Glen The Kalispel Tribe’s submittal comparison of baseline conditions, Nenema, Chairman of the Kalispel includes copies of letters sent to several including climate, air quality, fish and Business Council, include evidence that entities potentially affected by the wildlife, human health, and all statutory and regulatory proposed redesignation. Specifically, on socioeconomics, to anticipated requirements for redesignation of an March 4, 2017, the Tribe sent letters to conditions following the redesignation. Indian Reservation from Class II to Class Jay Inslee, the Governor of Washington, Information sources used to derive I have been met by the Kalispel Tribe of Clement ‘‘Butch’’ Otter, the Governor of baseline conditions in the Technical Indians. The Kalispel Tribe of Indians is Idaho, Mike Marchand, Chair of the a Federally-recognized Indian Tribe.1 Confederated Tribes of the Colville 2 https://www.kalispeltribe.com/kalispel-natural- The Kalispel Business Council is the Reservation Tribal Government, and resources-department/air-quality/airshed- Indian governing body for the Kalispel Carol Evans, Chair of the Spokane Tribe redesignation. The Tribe’s website also contains an Airshed FAQ and Class I Fact Sheet, which explain Indian Reservation and only lands of Indians Tribal Government. These the basics of the PSD program, the reasons for the letters invited the entities to consult Tribe’s proposal, as well as the potential effects if 1 82 FR 4915, 4917 (Jan. 17, 2017). with the Kalispel Tribe on the proposed the Reservation is redesignated to Class I.

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Report include ambient air quality energy effects of the proposed that border the Reservation. See 40 CFR monitoring data, potential emissions redesignation. 52.21(g)(4)(ii). from sources located in or near the (4) Prior to the issuance of the public The Kalispel Indian Reservation is Reservation, wildlife surveys, census notice for a proposed redesignation of located in the State of Washington. On data, and commuting patterns. an area that includes Federal lands, the March 4, 2017, the Kalispel Tribe sent The Technical Report analyzes how Tribe must provide written notice to the a letter to the Governor of Washington the proposed redesignation will impact appropriate Federal Land Manager inviting the State to consult with the the baseline conditions by addressing (FLM) and afford an adequate Tribe on the proposal to redesignate the the anticipated health, environmental, opportunity for the FLM to confer with Kalispel Reservation to a Class I area. economic, social, and energy effects. the Tribe and submit written comments On the same date, the Tribe sent a Specifically, the Technical Report and recommendations. See 40 CFR similar letter to the Governor of Idaho, discusses the health and environmental 52.21(g)(2)(iv). despite the fact that the Reservation benefits of preserving the existing air The Kalispel Tribe proposed to does not border the State of Idaho. quality in and around the Kalispel redesignate from Class II to Class I only Neither the State of Washington, nor the Reservation by assessing the adverse those lands within the exterior State of Idaho requested consultation. health effects of increased boundaries of the Kalispel Indian Therefore, we are proposing to concentrations of criteria pollutants Reservation. Therefore, the Kalispel determine that the Kalispel Tribe such as oxides of nitrogen and oxides of Tribe is the Federal Land Manager for satisfied this requirement. sulfur. The Technical Report also the lands subject to redesignation. Even (7) Following completion of the includes a discussion of the impact of so, as discussed in section I.B(2), the procedural requirements, the Tribe must redesignation on the current and Kalispel Tribe offered several Forest submit to the Administrator a proposal anticipated future economic trends in Supervisors for neighboring National to redesignate the area. See 40 CFR the area. The Technical Report Forests the opportunity to confer prior 52.21(g)(4). On May 11, 2017, Glen Nenema, additionally describes the importance of to issuing the public notice. Therefore, Chairman of the Kalispel Business maintaining good air quality to the we propose to determine that the Tribe social and cultural values and health of Council, submitted to the EPA Region has satisfied this requirement. 10 Regional Administrator the Kalispel the Kalispel people. (5) The proposal to redesignate has The Kalispel Tribe also commissioned Tribe’s proposal to redesignate the lands been made after consultation with the two supplemental analyses to address within the exterior boundaries of the elected leadership of local and other the energy and socioeconomic impacts Kalispel Indian Reservation to a Class I of reclassification. The supplemental substate general purpose governments area under the CAA PSD program.3 energy impact analysis employed air in the area covered by the proposed Chairman Nenema supplemented the dispersion modeling to simulate the redesignation. See 40 CFR 52.21(g)(2)(v). initial proposal on July 13, 2017. The impacts of redesignating the area to The regulation at 40 CFR Kalispel Business Council is the official Class I on two hypothetical energy 52.21(g)(2)(v) requires consultation with governing body of the Kalispel Tribe. projects. According to the supplemental the elected leadership of the local and Therefore, the EPA proposes to analysis, the expected emissions from other substate general purpose determine that the Kalispel Tribe either project would not interfere with government ‘‘in the area covered by the complied with the requirement that the maintaining the Class I PSD increments. proposed redesignation.’’ The lands Tribe submit to the Administrator a Our analysis found that the air covered by the proposed redesignation proposal to redesignate the area. lie wholly within the exterior dispersion modeling was performed in II. Proposed Action compliance with the EPA Guideline on boundaries of the Kalispel Indian Air Quality Modeling codified at 40 CFR Reservation. The Kalispel Business The EPA’s review has not found any part 51, Appendix W. The EPA’s Council is the exclusive governing procedural deficiencies associated with analysis of the modeling conducted for authority in the Kalispel Indian the Kalispel Tribe’s proposal. the Technical Report is included the Reservation. There is no requirement for Accordingly, pursuant to section 164 of docket for this proposed action. These a finding on what areas may be affected the CAA and 40 CFR 52.21(g), the supplemental analyses were included as by a proposed redesignation or notice to redesignation is hereby proposed for appendices to the Technical Report. The such government in such areas. approval. The EPA is proposing to Technical Report and supplemental Nevertheless, on March 6, 2017, the codify the redesignation through a analyses are included in the docket for Kalispel Tribe sent a courtesy notice of revision to the FIP currently in place for this proposed action. the Tribe’s intent to propose the Kalispel Indian Reservation. See 40 Based on the analyses discussed redesignation, as well as the date, time, CFR 49.10191–49.10220. This FIP will above, the Technical Report concludes and location for the public hearing and be implemented by the EPA unless or that the redesignation will result in a the availability of the Technical Report until it is replaced by a TIP. To ensure reduction in future health problems for to several Pend Oreille County officials. transparency, the EPA is also proposing those residing in and around the The notice solicited the County’s input a clarifying revision to the Washington Kalispel Reservation, enhanced on the proposed redesignation. The EPA State Implementation Plan at 40 CFR protection for the health and cultural is proposing to determine that the part 52 subpart WW, which would use of natural resources, and overall Kalispel Tribe satisfied the requirement inform any party interested in improved economic well-being with to consult with the elected leadership of Washington’s significant deterioration minimal damage to local economic local and other substate general purpose of air quality provisions that the vitality. Accordingly, we propose to governments in the area covered by the Kalispel Reservation is a Class I area for determine that the Kalispel Tribe proposed redesignation prior to purposes of prevention of significant satisfied the requirement to make submitting the proposal. publicly available 30 days in advance of (6) Prior to proposing the 3 EPA Delegation of Authority 7–164 authorizes the Regional Administrator of EPA Region 10 to the public hearing a satisfactory redesignation, the Indian Governing propose or take final action on a FIP under Section description and analysis of the health, Body must consult with the State(s) in 301(d) of the Clean Air Act that applies only in environmental, economic, social, and which the Reservation is located and Indian Country in Region 10.

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deterioration of air quality. The public a substantial number of small entities. action does not change the relationship is invited to comment on whether the Small entities include small businesses, between the states and the EPA Kalispel Tribe has met all procedural small organizations, and small regarding implementation of the PSD requirements of section 164 of the CAA governmental jurisdictions. permitting requirements in the area. The and 40 CFR 52.21(g), as well as the For the purposes of assessing the EPA administers the PSD permitting EPA’s proposal to codify the impacts of this final action on small requirements within the Kalispel redesignation through a revision to the entities, small entity is defined as: (1) A Reservation. The States of Washington FIP currently in place for the Kalispel small business as defined by the Small and Idaho administer the permitting Indian Reservation and proposed Business Administration’s (SBA) requirements in the nearby areas. revision to the Washington State regulations at 13 CFR 121.201; (2) a G. Executive Order 13175: Consultation Implementation Plan. small governmental jurisdiction that is a government of a city, county, town, and Coordination With Indian Tribal III. Statutory and Executive Order school district, or special district with a Governments Reviews population of less than 50,000; or (3) a This proposed action has tribal A. Executive Order 12866: Regulatory small organization that is any not-for- implications. However, it will neither Planning and Review and Executive profit enterprise that is independently impose substantial direct compliance Order 13563: Improving Regulation and owned and operated and is not cost on Federally-recognized tribal Regulatory Review dominant in its field. I certify that this governments, nor preempt tribal law. The EPA is proposing this action in This action is not a ‘‘significant action will not have a significant response to the Kalispel Tribe’s regulatory action’’ under the terms of economic impact on a substantial proposal to redesignate the Kalispel the Executive Order (E.O.) 12866 (58 FR number of small entities under the RFA. Reservation from a Class II to a Class I 51735, October 4, 1993) and is therefore This proposed action will not impose area. If this proposed action is finalized, not subject to review under the E.O., any new requirements on small entities. then major stationary sources proposed and was not submitted to the Office of If finalized, this proposed action would to be constructed within the boundaries Management and Budget (OMB) for redesignate to Class I only those lands of the Kalispel Reservation will be review. within the exterior boundaries of the Kalispel Indian Reservation under the required to demonstrate that the source B. Executive Order 13771: Reducing CAA’s PSD program. The PSD does not contribute to an exceedance of Regulation and Controlling Regulatory permitting requirements already apply the lower PSD increments for Class I Costs on the Reservation as well as the areas. Nonetheless, pursuant to the EPA This action is not expected to be an surrounding area. In addition, the PSD Policy on Consultation and Executive Order 13771 regulatory action permitting requirements only apply to Coordination with Indian Tribes, the because this action is not significant the construction of new major stationary EPA consulted with tribal officials early under Executive Order 12866. sources or major modifications to in the process of developing this existing major stationary sources. proposed action so that they could have C. Paperwork Reduction Act Therefore, the EPA does not anticipate meaningful and timely input into its This action does not impose an this proposed action having a significant development. The Kalispel Tribe information collection burden under the economic impact on a substantial submitted its proposal on May 11, 2017. provisions of the Paperwork Reduction number of small entities. Subsequent to receiving the submission, Act, 44 U.S.C. 3501 et seq. We are not the EPA communicated and E. Unfunded Mandates Reform Act proposing to promulgate any new corresponded with the Tribe numerous paperwork requirements (e.g., Title II of the Unfunded Mandates times throughout the review process. Reform Act of 1995 (UMRA), Public monitoring, reporting, record keeping) H. Executive Order 13045: Protection of Law 104–4, establishes requirements for as part of this proposed action. The Children From Environmental Health & Federal agencies to assess the effects of regulation at 40 CFR 49.10198 Safety Risks incorporates by reference the Federal their regulatory actions on state, local, PSD program promulgated at 40 CFR and tribal governments and the private The EPA interprets Executive Order 52.21. The Office of Management and sector. This proposed action does not 13045 as applying only to those Budget (OMB) has previously approved contain any unfunded mandate as regulatory actions that concern the information collection requirements described in UMRA, 2 U.S.C. 1531– environmental health or safety risks that contained in the existing regulations (40 1538, and does not significantly or the EPA has reason to believe may CFR 52.21) under the provisions of the uniquely affect small governments. The disproportionately affect children, per Paperwork Reduction Act, 44 U.S.C. proposed action imposes no enforceable the definition of ‘‘covered regulatory 3501 et seq., and has assigned OMB duty on any state, local, or tribal action’’ in section 2–202 of the control number 2060–0003, EPA ICR governments or the private sector. Nor Executive Order. Redesignation of the number 1230.32. does this action create additional Kalispel Indian Reservation to Class I requirements beyond those already from Class II will reduce the allowable D. Regulatory Flexibility Act (RFA), as applicable under the existing PSD increase in ambient concentrations of Amended by the Small Business permitting requirements. various types of pollutants. The Regulatory Enforcement Fairness Act of reduction of allowable increases in 1996 (SBREFA), 5 U.S.C. 601 et seq. F. Executive Order 13132: Federalism these pollutants can only be expected to The RFA generally requires an agency This proposed action does not have better protect the health of tribal to prepare a regulatory flexibility Federalism implications. It will not members, members of the surrounding analysis of any rule subject to notice have substantial direct effects on the communities, and especially children and comment rulemaking requirements states, on the relationship between the and asthmatics. See 78 FR 3086 under the Administrative Procedures national government and the states, or (regarding the specific human health Act or any other statute unless the on the distribution of power and consequences of exposure to elevated agency certifies that the rule will not responsibilities among the various levels of coarse and fine particles); 82 have a significant economic impact on levels of government. This proposed FR 34,792 (regarding the specific human

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health consequences of exposure to IV. Statutory Authority Subpart WW—Washington elevated levels of nitrogen dioxide); 75 The statutory authority for this ■ FR 35,520 (regarding the specific human 4. In § 52.2497, add paragraph (d) to proposed action is provided by sections read as follows: health consequences of exposure to 110, 301 and 164 of the CAA as elevated levels of sulfur dioxide). amended (42 U.S.C. 7410, 7601, and § 52.2497 Significant deterioration of air quality. I. Executive Order 13211: Actions That 7474) and 40 CFR part 52. * * * * * Significantly Affect Energy Supply, List of Subjects Distribution, or Use (d) The regulations at 40 CFR 40 CFR Part 49 49.10191 through 49.10220 contain the This proposed action is not subject to Environmental protection, Federal Implementation Plan for the Executive Order 13211, because it is not Administrative practice and procedure, Kalispel Indian Community of the a significant regulatory action under Air pollution control, Incorporation by Kalispel Reservation, Washington. The Executive Order 12866. reference, Indians, Intergovernmental regulation at 40 CFR 49.10198(b) designates the original Kalispel J. National Technology Transfer and relations, Particulate matter, Reporting and recordkeeping requirements. Reservation, as established by Executive Advancement Act Order No. 1904, signed by President 40 CFR Part 52 Woodrow Wilson on March 23, 1914, as This proposed action does not involve a Class I area for purposes of prevention technical standards. This action merely Environmental protection, Air of significant deterioration of air quality. proposes to redesignate the Kalispel pollution control, Incorporation by Reservation as a Class I area for the reference, Intergovernmental relations, [FR Doc. 2018–23474 Filed 10–30–18; 8:45 am] purposes of the PSD permitting Lead, Nitrogen dioxide, Ozone, BILLING CODE 6560–50–P requirements. Particulate matter, Reporting and recordkeeping requirements, Sulfur K. Executive Order 12898: Federal oxides, Volatile organic compounds. DEPARTMENT OF DEFENSE Actions To Address Environmental Dated: October 17, 2018. Justice in Minority Populations and Defense Acquisition Regulations Chris Hladick, Low-Income Populations System Regional Administrator, Region 10. The EPA believes that this proposed For the reasons stated in the 48 CFR Parts 206, 211, and 213 action does not have disproportionately preamble, 40 CFR parts 49 and 52 are [Docket DARS–2018–0052] high and adverse human health or proposed to be amended as follows: environmental effects on minority RIN 0750–AJ50 populations, low-income populations PART 49—INDIAN COUNTRY: AIR and/or indigenous peoples, as specified QUALITY PLANNING AND Defense Federal Acquisition in Executive Order 12898 (59 FR 7629, MANAGEMENT Regulation Supplement: Brand Name February 16, 1994). Prior to this or Equal (DFARS Case 2017–D040) ■ proposal, the EPA reviewed population 1. The authority citation for part 49 continues to read as follows: AGENCY: Defense Acquisition centers within and around the Kalispel Regulations System, Department of Indian Reservation to identify areas Authority: 42 U.S.C. 7401, et seq. Defense (DoD). with environmental justice concerns. ACTION: Proposed rule. The results of this review are included Subpart M—Implementation Plans for Tribes—Region X in the docket for this proposed action. SUMMARY: DoD is proposing to amend Redesignating the Kalispel Indian ■ 2. Revise § 49.10198 to read as the Defense Federal Acquisition Reservation will not have an adverse follows: Regulation Supplement (DFARS) to human health or environmental effect implement a section of the National § 49.10198 Permits to construct. on residents within the Reservation or Defense Authorization Act for Fiscal in the surrounding community. On the (a) Permits to construct are required Year 2017 that requires the use of brand contrary, by lowering the applicable for new major stationary sources and name or equivalent descriptions or PSD increments, the redesignation will major modifications to existing proprietary specifications or standards be more protective of air quality. The stationary sources pursuant to 40 CFR in solicitations to be justified and following pollutants are subject to the 52.21. approved. (b) In accordance with section 164 of increment requirement: Fine Particulate DATES: Comments on the proposed rule the Clean Air Act and the provisions of Matter (PM ), Coarse Particulate Matter should be submitted in writing to the 2.5 40 CFR 52.21(g), the original Kalispel (PM ), Sulfur Dioxide (SO ), and address shown below on or before 10 2 Reservation, as established by Executive December 31, 2018, to be considered in Nitrogen Dioxide (NO2). Exposure to Order No. 1904, signed by President the formation of a final rule. these pollutants is known to have a Woodrow Wilson on March 23, 1914, is causal relationship with adverse health designated as a Class I area for the ADDRESSES: Submit comments effects, such as premature mortality purposes of prevention of significant identified by DFARS Case 2017–D040, (PM2.5, PM10, SO2), exacerbation of deterioration of air quality. using any of the following methods: asthma (NO2 and SO2), and other Æ Federal eRulemaking Portal: http:// respiratory effects (NO2 and SO2). See PART 52—APPROVAL AND www.regulations.gov. Search for 78 FR 3086, 82 FR 34,792, and 75 FR PROMULGATION OF ‘‘DFARS Case 2017–D040.’’ Select 35,520. Therefore, a reduction of the IMPLEMENTATION PLANS ‘‘Comment Now’’ and follow the allowable emissions of these pollutants instructions provided to submit a in this area lowers the risk to the ■ 3. The authority citation for part 52 comment. Please include ‘‘DFARS Case surrounding communities of adverse continues to read as follows: 2017–D040’’ on any attached health effects. Authority: 42 U.S.C. 7401 et seq. documents.

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Æ Email: [email protected]. Include source (including brand name) Regulatory Flexibility Act, 5 U.S.C. 601, DFARS Case 2017–D040 in the subject acquisitions. The content and approval et seq., because the rule is only line of the message. requirements for these justifications are implementing changes to internal Æ Fax: 571–372–6094. similar to those required under FAR Government procedures. However, an Æ Mail: Defense Acquisition 6.303, but cite to a different authority. initial regulatory flexibility analysis Regulations System, Attn: Ms. Carrie This rule proposes to amend DFARS (IRFA) has been performed and is Moore, OUSD(A&S)DPC/DARS, Room 213.501 to advise contracting officers summarized as follows: 3B941, 3060 Defense Pentagon, that a justification and approval for DoD is proposing to amend the Washington, DC 20301–3060. brand name or equal descriptions or Defense Federal Acquisition Regulation Comments received generally will be proprietary specifications or standards Supplement (DFARS) to implement posted without change to http:// is required when using FAR subpart section 888(a) of the National Defense www.regulations.gov, including any 13.5 simplified procedures for the Authorization Act for Fiscal Year 2017. personal information provided. To acquisition of certain commercial items. Section 888(a) requires that competition confirm receipt of your comment(s), In addition, FAR section 11.104 in DoD contracts not be limited through please check www.regulations.gov, addresses requirements for the use of the use of brand name or equivalent approximately two to three days after brand name or equal purchase descriptions, or proprietary submission to verify posting (except descriptions. As such, this rule proposes specifications or standards, in allow 30 days for posting of comments to add DFARS section 211.104 to direct solicitations unless a justification for submitted by mail). contracting officers to the new such specification is provided and approved in accordance with 10 U.S.C. FOR FURTHER INFORMATION CONTACT: Ms. requirements at 206.302–1 and 213.501 2304(f). Carrie Moore, telephone 571–372–6093. to complete a justification and approval prior to using brand name or equal The objective of this proposed rule is SUPPLEMENTARY INFORMATION: purchase descriptions. Similar direction to ensure that contracting officers I. Background for use of proprietary specifications and execute a justification and approval in accordance with FAR 6.302–1 when DoD is proposing to revise the DFARS standards is also provided in new DFARS section 211.170. including brand name or equal to implement section 888(a) of the descriptions, or proprietary National Defense Authorization Act III. Applicability to Contracts at or specifications or standards in a (NDAA) for Fiscal Year (FY) 2017 (Pub. Below the Simplified Acquisition solicitation. L. 114–328). Section 888(a) requires that Threshold and for Commercial Items, DoD does not expect this rule to have competition on DoD contracts not be Including Commercially Available Off- a significant economic impact on a limited through the use of brand name the-Shelf Items substantial number of small entities or equivalent descriptions, or This rule does not propose to create within the meaning of the Regulatory proprietary specifications or standards, any new DFARS clauses or amend any Flexibility Act, 5 U.S.C. 601, et seq. The in solicitations, unless a justification for existing DFARS clauses. Federal Procurement Data System such specification is provided and (FPDS) does not collect data on approved in accordance with 10 U.S.C. IV. Executive Orders 12866 and 13563 contracts awarded using brand name or 2304(f). The requirements of 10 U.S.C. Executive Orders (E.O.s) 12866 and equal descriptions or contracts that were 2304(f) are implemented in Federal 13563 direct agencies to assess all costs competed and included proprietary Acquisition Regulation (FAR) sections and benefits of available regulatory specifications or standards. Currently, 6.303 and 6.304, which address the alternatives and, if regulation is brand name or equal descriptions are content, format, and approval necessary, to select regulatory procured through competitive authorities for justifications for other approaches that maximize net benefits procedures, but FPDS does not identify than full and open competition. (including potential economic, the subset of contracts that were II. Discussion and Analysis environmental, public health and safety awarded competitively using such effects, distributive impacts, and descriptions. Currently, FAR 6.302–1(c)(2) states equity). E.O. 13563 emphasizes the FPDS can provide the number of that brand name or equal descriptions, importance of quantifying both costs offers received in response to a and other purchase descriptions that and benefits, of reducing costs, of solicitation. This subset can help DoD permit prospective contractors to offer harmonizing rules, and of promoting better identify the number of products other than those specifically flexibility. This is not a significant competitive requirements that may have referenced by brand-name, provide for regulatory action and, therefore, was not used such descriptions, specifications, full and open competition and do not subject to review under section 6(b) of or standards, but only received one offer require justifications and approvals to E.O. 12866, Regulatory Planning and for various reasons. According to FPDS, support their use. This rule proposes to Review, dated September 30, 1993. This there were 127,536 contracts and orders amend DFARS 206.302–1 to add a new rule is not a major rule under 5 U.S.C. competed and awarded in FY 2017 that paragraph (c)(2) to advise contracting 804. only received one offer. Of the 127,536 officers that, notwithstanding FAR new awards, 76,179 (60%) of these 6.302–1(c)(2), a justification and V. Executive Order 13771 actions were awarded to 9,823 unique approval described at FAR 6.303 is This rule is not anticipated to be small business entities. The proposed required when using brand name or subject to E.O. 13771, because this rule rule applies to all entities who do equal descriptions. A new paragraph (S– is not a significant regulatory action business with the Federal Government 70) is also added to provide a similar under E.O. 12866. and is not expected to have a significant instruction for proprietary specifications impact on these entities, regardless of or standards. VI. Regulatory Flexibility Act business size. FAR subpart 13.5 provides simplified DoD does not expect this proposed This proposed rule does not include procedures for certain commercial rule to have a significant economic any new reporting, recordkeeping, or items. FAR 13.501(a) requires a impact on a substantial number of small other compliance requirements for small justification and approval for sole entities within the meaning of the businesses. The proposed rule does not

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duplicate, overlap, or conflict with any proprietary specifications and DEPARTMENT OF DEFENSE other Federal rules. There are no known standards. Defense Acquisition Regulations significant alternative approaches to the * * * * * proposed rule that would meet the System proposed objectives. PART 211—DESCRIBING AGENCY DoD invites comments from small NEEDS 48 CFR Parts 206, 215, 234, and 235 business concerns and other interested [Docket DARS–2018–0053] parties on the expected impact of this ■ 3. Section 211.104 is added to subpart rule on small entities. 211.1 to read as follows: RIN 0750–AJ83 DoD will also consider comments Defense Federal Acquisition from small entities concerning the 211.104 Use of brand name or equal purchase descriptions. Regulation Supplement: Amendments existing regulations in subparts affected Related to General Solicitations by this rule in accordance with 5 U.S.C. A justification and approval is (DFARS Case 2018–D021) 610. Interested parties must submit such required to use brand name or equal comments separately and should cite 5 purchase descriptions. AGENCY: Defense Acquisition U.S.C. 610 (DFARS Case 2017–D040), in Regulations System, Department of (1) See 206.302–1(c)(2) for correspondence. Defense (DoD). justification requirements when using ACTION: Proposed rule. VII. Paperwork Reduction Act sealed bidding or negotiated acquisition The rule does not contain any procedures. SUMMARY: DoD is proposing to amend information collection requirements that (2) See 213.501(a)(ii) for justification the Defense Federal Acquisition require the approval of the Office of requirement when using simplified Regulation Supplement (DFARS) to Management and Budget under the procedures for certain commercial implement sections of the National Paperwork Reduction Act (44 U.S.C. items. Defense Authorization Act for Fiscal Year 2018 by expanding the definition chapter 35). ■ 4. Section 211.170 is added to subpart of other competitive procedures, and List of Subjects in 48 CFR Parts 206, 211.1 to read as follows: extending the term and increasing the 211, and 213 211.170 Use of proprietary specifications dollar value under the contract Government procurement. or standards. authority for advanced development of initial or additional prototype units. Jennifer Lee Hawes, A justification and approval is DATES: Comments on the proposed rule Regulatory Control Officer, Defense required to use proprietary should be submitted in writing to the Acquisition Regulations System. specifications and standards. address shown below on or before Therefore, 48 CFR parts 206, 211, and (1) See 206.302–1(S–70) for December 31, 2018, to be considered in 213 are proposed to be amended as justification requirements when using the formation of a final rule. follows: sealed bidding or negotiated acquisition ADDRESSES: Submit comments ■ 1. The authority citation for 48 CFR procedures. identified by DFARS Case 2018–D021, parts 206, 211, and 213 continues to (2) See 213.501(a)(ii) for justification using any of the following methods: Æ Federal eRulemaking Portal: http:// read as follows: requirements when using simplified www.regulations.gov. Search for procedures for certain commercial Authority: 41 U.S.C. 1303 and 48 CFR ‘‘DFARS Case 2018–D021.’’ Select chapter 1. items. ‘‘Comment Now’’ and follow the PART 206—COMPETITION PART 213—SIMPLIFIED ACQUISITION instructions provided to submit a REQUIREMENTS PROCEDURES comment. Please include ‘‘DFARS Case 2018–D021’’ on any attached ■ 2. In section 206.302–1, paragraph (c) ■ 5. Section 213.501 is amended by— documents. is added to read as follows: Email: [email protected]. Include ■ a. Designating paragraph (a) as DFARS Case 2018–D021 in the subject 206.302–1 Only one responsible source paragraph (i); and line of the message. and no other supplies or services will ■ b. Adding new paragraph (ii) to read Æ Fax: 571–372–6094. satisfy agency requirements. Æ as follows: Mail: Defense Acquisition * * * * * Regulations System, Attn: Ms. Heather (c) Application for brand-name 213.501 Special documentation Kitchens, OUSD (A&S) DPC/DARS, descriptions. (2) Notwithstanding FAR requirements. Room 3B941, 3060 Defense Pentagon, 6.302–1(c)(2), in accordance with * * * * * Washington, DC 20301–3060. section 888(a) of the National Defense Comments received generally will be (ii) In accordance with section 888(a) Authorization Act for Fiscal Year 2017 posted without change to http:// of the National Defense Authorization (Pub. L. 114–328), the justification and www.regulations.gov, including any Act for Fiscal Year 2017 (Pub. L. 114– approval addressed in FAR 6.303 is personal information provided. To required in order to use brand name or 328), the justification and approval confirm receipt of your comment(s), equal descriptions. addressed in FAR 13.501(a) is required please check www.regulations.gov, in order to use brand name or equal (S–70) Application for proprietary approximately two to three days after specifications or standards. In descriptions or proprietary submission to verify posting (except accordance with section 888(a) of the specifications and standards. allow 30 days for posting of comments National Defense Authorization Act for [FR Doc. 2018–23676 Filed 10–30–18; 8:45 am] submitted by mail). Fiscal Year 2017 (Pub. L. 114–328), the BILLING CODE 5001–06–P FOR FURTHER INFORMATION CONTACT: Ms. justification and approval addressed in Heather Kitchens, telephone 571–372– FAR 6.303 is required in order to use 6104.

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SUPPLEMENTARY INFORMATION: • DFARS section 206.102, Use of III. Applicability to Contracts at or Competitive Procedures, is added with Below the Simplified Acquisition I. Background a statement at paragraph (d)(2) that, for Threshold and for Commercial Items, DoD is proposing to revise the DFARS DoD, the competitive selection of Including Commercially Available Off- to implement sections 221 and 861 of science and technology proposals the-Shelf Items the National Defense Authorization Act resulting from a broad agency This rule does not propose to create (NDAA) for Fiscal Year (FY) 2018 (Pub. announcement with peer or scientific any new provisions or clauses or impact L. 115–91). review, as described in 235.016(a), any existing provisions or clauses. Section 221 amends 10 U.S.C. satisfies the requirement for full and 2302(2)(B) to allow for an expanded open competition. This DFARS section IV. Executive Orders 12866 and 13563 application of other competitive is added, notwithstanding FAR Executive Order (E.O.s) 12866, procedures by replacing the words 6.102(d)(2), which limits other Regulatory Planning and Review; and ‘‘basic research’’ with ‘‘science and competitive procedures to basic and E.O. 13563, Improving Regulation and technology’’. Competitive procedures applied research proposals. Regulatory Review, direct agencies to are defined in 10 U.S.C. 2302(2) as ‘‘. . . • assess all costs and benefits of available procedures under which the head of an DFARS 215.371–4(a)(4) is revised to provide an only-one-offer exception for regulatory alternatives and, if regulation agency enters into a contract pursuant to is necessary, to select regulatory full and open competition.’’ Changing the acquisition of science and technology, as described in DFARS approaches that maximize net benefits the words ‘‘basic research’’ to ‘‘science (including potential economic, and technology’’ expands the authority 235.016(a), instead of basic or applied research or development, as specified in environmental, public health and safety to use other competitive procedures for effects, distributive impacts, and ‘‘advanced technology development’’ FAR 35.016(a). • equity). E.O. 13563 emphasizes the and ‘‘advanced component development DFARS 235.006–71 is added to importance of quantifying both costs and prototypes’’ research proposals, in direct contracting officers who are and benefits, of reducing costs, of addition to the previously authorized conducting acquisitions for research and harmonizing rules, and of promoting ‘‘basic research’’ and ‘‘applied research’’ development in accordance with FAR flexibility. This is not a significant proposals. One of the solicitation part 35 to DFARS 206.102(d)(2) regulatory action and, therefore, was not methods for research and development regarding competitive procedures for subject to review under section 6(b) of proposals, a broad agency science and technology proposals; and E.O. 12866, Regulatory Planning and announcement (BAA), is defined in the • DFARS section 235.016, Broad Review, dated September 30, 1993. This Federal Acquisition Regulation (FAR) as Agency Announcement, is revised to is not a major rule under 5 U.S.C. 804. ‘‘a general announcement of an agency’s provide that broad agency research interest including criteria for announcements with peer or scientific V. Executive Order 13771 selecting proposals and soliciting the review may be used for science and This rule is not anticipated to be an participation of all offerors capable of technology proposals, including four E.O. 13771 regulatory action, because satisfying the Government’s needs.’’ categories of science and technology this rule is not significant under E.O. Section 221 permits the use of BAAs for proposals and their corresponding 12866. competitive selection of science and budget activity codes. technology proposals by authorizing the VI. Regulatory Flexibility Act The proposed changes to DFARS use of the competitive procedures at 10 DoD does not expect this proposed 234.005–1, Competition, for the contract U.S.C. 2302(2)(B) that result from a rule to have a significant economic authority for advanced development of general solicitation and peer or impact on a substantial number of small initial or additional prototype units, scientific review of such proposals—a entities within the meaning of the authorized by section 861 and key element of the BAA process. Regulatory Flexibility Act, 5 U.S.C. 601, Section 861 amends 10 U.S.C. 2302e implemented at 10 U.S.C. 2302e, are as et seq. This rule impact internal to allow for an extended term limit and follows: Government procedures by expanding increased dollar threshold under the • The term ‘‘general solicitation’’ is the use of other competitive procedures contract authority for advanced replaced with ‘‘broad agency to include the competitive selection of development of initial or additional announcement.’’ science and technology proposals and prototype units awarded from a • The term limit is changed from 12 expands the contract authority for competitive selection, as specified in 10 months to 2 years. advanced development of initial or U.S.C. 2302(2)(B). The statutory term • The dollar threshold is increased additional prototype units. However, an limit extends from 12 months to 2 years from $20 million to $100 million in initial regulatory flexibility analysis has and the dollar threshold increases from fiscal year 2017 constant dollars. been performed and is summarized as $20 million to $100 million in fiscal • follows: year 2017 constant dollars (10 U.S.C. The expiration date of September This rule proposes to amend the 2302e). Section 861 also amends 10 30, 2019, is deleted. DFARS to implement sections 221 and U.S.C. 2302e to repeal the obsolete In summary, this proposed rule 861 of the National Defense authority implemented by section 819 of expands the application of other Authorization Act (NDAA) for Fiscal the NDAA for FY 2010 (Pub. L. 111–84), competitive procedures to include the Year (FY) 2018. thereby eliminating the expiration date competitive selection of science and Section 221 expands the definition of of the authority. technology proposals beyond ‘‘basic ‘‘competitive procedures’’ at 10 U.S.C. research’’ proposals. This proposed rule 2302(2)(B) by removing the term ‘‘basic II. Discussion and Analysis also expands the contract authority for research’’ and adding ‘‘science and The proposed DFARS changes for the advanced development of initial or technology’’ in its place. Section 861 other competitive procedures additional prototype units. These implements a statutory modification to authorized by section 221 and procedures are internal to the 10 U.S.C. 2302e to extend the term limit implemented at 10 U.S.C. 2302(2)(B) are Government with minimal impact to the and dollar threshold for the contract as follows: public. authority for advanced development of

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initial or additional prototype units VII. Paperwork Reduction Act ■ c. In the newly redesignated from 12 months to 2 years and from $20 The rule does not contain any introductory text, removing ‘‘general million to $100 million in fiscal year information collection requirements that solicitation’’ and adding ‘‘broad agency 2017 constant dollars (10 U.S.C. 2302e), require the approval of the Office of announcement’’ in its place; respectively. The modification also Management and Budget under the ■ d. Redesignating paragraphs (i), (ii), repeals the obsolete authority of section Paperwork Reduction Act (44 U.S.C. and (iii) as paragraphs (1), (2), and (3), 819 of the NDAA for FY 2010 (Pub. L. chapter 35). respectively; 111–84), thereby eliminating the ■ e. In the newly redesignated expiration date of September 30, 2019, List of Subjects in 48 CFR Parts 206, paragraph (2), removing ‘‘12 months’’ for the contract authority for advanced 215, 234 and 235 and adding ‘‘2 years’’ in its place; and development of initial or additional Government procurement. ■ f. Revising the newly redesignated prototype units. paragraph (3) to read as follows: Jennifer Lee Hawes, The objective of this rule is to Regulatory Control Officer, Defense 234.005–1 Competition. implement sections 221 and 861 to Acquisition Regulations System. establish broad agency announcements * * * * * as a competitive procedure that may be Therefore, 48 CFR parts 206, 215, 234, (3) The dollar value of the work to be used to select science and technology and 235 are proposed to be amended as performed pursuant to the contract line proposals and to expand the term limit follows: item or contract option shall not exceed and dollar threshold for the contract ■ 1. The authority citation for 48 CFR $100 million in fiscal year 2017 authority for advanced development of parts 206, 215, 234, and 235 continues constant dollars. (10 U.S.C. 2302e). to read as follows: initial or additional prototype units. PART 235—RESEARCH AND In FY 2017, DoD awarded 1,853 Authority: 41 U.S.C. 1303 and 48 CFR DEVELOPMENT CONTRACTING contracts for research and development, chapter 1. excluding Small Business Innovation ■ 5. Section 235.006–71 is amended Research (SBIR) and Small Technology PART 206—COMPETITION by— Transfer Research (STTR) program REQUIREMENTS ■ a. Designating the text as paragraph requirements. Approximately 53% of ■ 2. Subpart 206.1 is added to read as (b); and those new contract actions were follows: ■ b. Adding a new paragraph (a) to read awarded to 1,005 of unique small as follows: Subpart 206.1—Full and Open business and nontraditional DoD 235.006–71 Competition. entities. There were 2,858 new contract Competition awards for SBIR and STTR program (a) Use of a broad agency 206.102 Use of competitive procedures. requirements for DoD. Approximately announcement with peer or scientific 66% of those new contract actions were (d) Other competitive procedures. (2) review for the award of science and awarded to 1,891 of unique small In lieu of FAR 6.102(d)(2), competitive technology proposals in accordance business and nontraditional DoD selection of science and technology with 235.016(a) fulfills the requirement entities. proposals resulting from a broad agency for full and open competition (see announcement with peer or scientific 206.102(d)(2)). This proposed rule does not include review, as described in 235.016(a) (10 any new reporting or recordkeeping * * * * * U.S.C. 2302(2)(B)). ■ requirements for small entities. 6. Section 235.016 is added to read as follows: The rule does not duplicate, overlap, PART 215—CONTRACTING BY or conflict with any other Federal rules. NEGOTIATION 235.016 Broad agency announcement. There are no known significant ■ 3. In section 215.371–4, paragraph (a) General. A broad agency alternative approaches to the proposed (a)(4) is revised to read as follows: announcement with peer or scientific rule that would meet the requirements review may be used for the award of of the applicable statute. 215.371–4 Exceptions. science and technology proposals. DoD invites comments from small (a) * * * Science and technology proposals business concerns and other interested (4) Acquisitions of science and include proposals for the following: parties on the expected impact of this technology, as specified in 235.016(a); (i) Basic research (budget activity 6.1). rule on small entities. or (ii) Applied research (budget activity DoD will also consider comments * * * * * 6.2). from small entities concerning the (iii) Advanced technology existing regulations in subparts affected PART 234—MAJOR SYSTEM development (budget activity 6.3). by this rule in accordance with 5 U.S.C. ACQUISITION (iv) Advanced component development and prototypes (budget 610. Interested parties must submit such ■ 4. Section 234.005–1 is amended by— comments separately and should cite 5 ■ a. Removing paragraph (2); activity 6.4). U.S.C. 610 (DFARS Case 2018–D021), in ■ b. Redesignating paragraph (1) as [FR Doc. 2018–23677 Filed 10–30–18; 8:45 am] correspondence. introductory text; BILLING CODE 5001–06–P

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Notices Federal Register Vol. 83, No. 211

Wednesday, October 31, 2018

This section of the FEDERAL REGISTER OMB Number: 0596–New. only in 2019 and not for subsequent contains documents other than rules or Expiration Date of Approval: N/A. years nor on any other trails on National proposed rules that are applicable to the Type of Request: New. Forest System (NFS) or BLM lands. public. Notices of hearings and investigations, Abstract: The Moab Ranger District of The survey seeks public input, committee meetings, agency decisions and the Manti-La Sal National Forest, in specifically trial users, about the Whole rulings, delegations of authority, filing of petitions and applications and agency southeastern Utah (Region 4) is looking Enchilada trail on NFS lands. The 20 statements of organization and functions are to amend a 2013 Needs Assessment for questions have several formats such as examples of documents appearing in this Recreation Special Uses. In order to multiple choice, binary (yes/no), open- section. increase commercial use on the Whole ended, and likert scales (i.e.,1–5 Enchilada trail, the 2013 Needs satisfaction scale). The survey is Assessment requires the Moab Ranger intended for any user of the group DEPARTMENT OF AGRICULTURE District to conduct a recreational willing to take the survey. The targeted carrying capacity study, of which the user groups include: Individuals, Forest Service Whole Enchilada: Conditions, User commercially-guided individuals, Experience & Comment Survey 2019, is special use permittees (i.e., outfitters Information Collection; Request for an integral part of that study. and guides, shuttle companies), non- Comment; Whole Enchilada Trail: Furthermore, the requested information governmental entities (i.e., trail work Conditions, User Experience & collection will provide baseline data of organizations, user-group organizations, Comment Survey 2019 use and public perception that will help and/or environmental groups), and AGENCY: Forest Service, USDA. with future management on this other non-Forest Service and Bureau of ACTION: Notice, request for comment. increasingly popular trail. The Forest Land Management (BLM) affiliated and Rangeland Renewable Resources individuals or groups (i.e., other SUMMARY: In accordance with the Planning Act of 1974 (Pub. L. 93–278 stakeholders and partners). Paperwork Reduction Act of 1995, the Sec. 3), et al., authorizes the collection. The survey asks for user type (hiker, Forest Service is seeking comments The Whole Enchilada is a multi-trail biker, et al.), user experience levels from all interested individuals and system that spans over 30 miles, (beginner, intermediate, et al.), user age organizations on the new information descends more than 7000’ in elevation, and user sex. Access information— collection; Whole Enchilada Trail: and traverses diverse ecosystems which specific trailhead, mode of transport to Conditions, User Experience & are managed by two separate, yet trail heads, access road conditions, Comment Survey 2019. cooperating governmental agencies— quantity of access—is also asked. DATES: Comments must be received in U.S. Department of Agriculture, Forest Survey takers are asked to describe writing on or before December 31, 2018 Service, and the U.S. Department of conditions of Forest Service trails and to be assured of consideration. Interior, Bureau of Land Management facilities as well as describe their Comments received after that date will (BLM). The popularity and subsequent experience and satisfaction on the be considered to the extent practicable. use of this trail has dramatically Whole Enchilada. These questions ask ADDRESSES: Comments concerning this increased on all sections of the trail. users to rate the acceptability of the notice should be addressed to Zachary Thus, natural resource protection and trail, facilities, overall use and Lowe, Forest Service, USDA, P.O. Box maintaining positive user experiences management of trails, other user groups, 386, Moab, Utah 84532. Comments also needs to be, not only assessed, but user encounters and/or conflicts, may be submitted via facsimile to 435– become a priority management perceptions of crowding. Several 636–7737 or by email to: zklowe@ objective, especially for the Moab questions ask about acceptance of fs.fed.us. Ranger District of the Manti-La Sal potential Forest Service actions to The public may inspect comments National Forest. protect resources and provide the best received at Moab Ranger District, 62 E The data will be collected via user experience such as additional fees, 100 North, Moab, Utah 84532 during traditional paper survey to be conducted increased Forest Service presence/ normal business hours. Visitors are at certain trail heads and exit points patrols, increased trail work, restricted encouraged to call ahead to 435–259– along the Whole Enchilada trail system. commercial use, increased commercial 7155 to facilitate an appointment and The survey is designed to be completed use, limitations on user type, and other entry to the building. on site. However, there will be a mail- use related issues. FOR FURTHER INFORMATION CONTACT: in option available for those willing but The data and information will be Zachary Lowe: Natural Resource unable to complete the survey on site. complied and analyzed by the author of Specialist—Recreation. Moab Ranger The survey consists of 5 pages with 20 the survey. All collected data will be District, 62 E 100 North, Moab, Utah questions. There will be tables and run through different statistical analyses 435–636–3335. Individuals who use chairs set up at trailheads and exits to by the author and volunteer statisticians TDD may call the Federal Relay Service aid in survey completion. The surveys to acquire useful and beneficial (FRS) at 1–800–877–8339, 24 hours a will be administered by the survey information about the trail. This data day, every day of the year, including author, Zachary Lowe, by other USFS will be used in and presented as part of holidays. employees, and volunteers. The survey a recreational carrying capacity study SUPPLEMENTARY INFORMATION: is scheduled to take place during the for the Whole Enchilada trail system. Title: The Whole Enchilada Trail: peak season of use on the trail system The survey will help gauge the public’s Conditions, User Experience & which is mid-September to mid-October perception of conditions of trails, Comment Survey 2019. of 2019. This survey is intended for use facilities, usage and Forest Service

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managerial actions. The data collected request for Office of Management and (FIRS) at 1–800–877–8339 between 8 from the public, in concert with the Budget approval. a.m. and 8 p.m., Eastern Time, Monday carrying capacity study, will help Dated: October 18, 2018. through Friday. Additional project determine future management objectives Gregory C. Smith, information is available on the project and actions related to the Whole page of the Payette National Forest Acting Associate Deputy Chief, National Enchilada trail system. Forest System. website at: http://www.fs.usda.gov/ If the survey were not to occur, vital project/?project=54029. [FR Doc. 2018–23827 Filed 10–30–18; 8:45 am] stakeholder information would be SUPPLEMENTARY INFORMATION BILLING CODE 3411–15–P : The absent from the recreation carrying Granite Meadows Project area totals capacity study and would be incomplete approximately 83,000 acres, and for all intents and purposes. Without the DEPARTMENT OF AGRICULTURE includes approximately 70,000 acres of survey, the subsequent carrying capacity National Forest System (NFS) lands study would be incomplete and lacking Forest Service within the New Meadows and McCall baseline data including public Ranger Districts on the Payette National perceptions about use and conditions. Payette National Forest; Idaho; Granite Forest. Additionally, the project area The aforementioned 2013 Needs Meadows Project includes approximately 7,000 acres of Assessment that requires the Manti-La AGENCY: Forest Service, USDA. state land and 6,000 acres of private Sal National Forest to conduct a land, where proposed treatments would ACTION: Notice of intent to prepare an carrying capacity study, and by proxy, be covered under the Wyden Authority environmental impact statement. a public survey, would be unmet and (Wyden Amendment, Section 323(A) of the Forest Service could not potentially SUMMARY: The Payette National Forest the Department of Interior and Related increase commercial use on the Whole will prepare an environmental impact Agencies Appropriations Act, 1999 as Enchilada trail system. This trail has statement (EIS) to document the included in Pub. L. 105–277, Div. A, seen increased use and popularity in the potential effects of the Granite Meadows Section 101(e) as amended by Pub. L. last decade and current management Project. The Granite Meadows Project is 111–11, Section 3001). Actions standards may be inadequate for natural located north of New Meadows, Idaho proposed for use under the Wyden resource protection and public demand/ and north and west of McCall, Idaho on Authority would meet the intent and access to this trail system. the Boise Meridian, within Adams, requirements of state and federal laws Estimate of Annual Burden: Each Valley and Idaho Counties. The analysis for actions on private and/or state lands. survey will take anywhere from 15–20 will evaluate and disclose the effects of The project is located in the Hard Creek, minutes to complete fully. implementing treatments on the Hartsell Creek-North Fork Payette River, Type of Respondents: Public National Forest to meet the purpose and Elk Creek-Little Salmon River, Lower individuals: Trail users (hikers, bikers, need for the project. Proposed Meadows Valley-Little Salmon River, etc.), outfitter and guides (commercially treatments include timber harvest, Round Valley Creek-Little Salmon using the trail), and local business thinning, prescribed fire, road River, Sixmile Creek-Little Salmon owners (whom use the trail). treatments and road decommissioning, River, Box Creek-North Fork Payette Estimated Annual Number of watershed improvement and restoration River, Fisher Creek, and Payette Lake Respondents: 1,000 Maximum for one treatments, and recreation subwatersheds with the Little Salmon year in 2019. improvements. Coordination with and North Fork of the Payette subbasins. Estimated Annual Number of existing permittees on grazing schedules Purpose and Need for Action Responses per Respondent: 1. would also be included to meet the Estimated Total Annual Burden on purpose and need related to fuels The Granite Meadows project is a Respondents: 20,000 minutes. reduction. landscape-scale effort to improve Comment is invited on: (1) Whether conditions across multiple resource this collection of information is DATES: Comments concerning the scope areas. The need for the project is based necessary for the stated purposes and of the analysis must be received by on the difference between the existing the proper performance of the functions December 17, 2018. The draft EIS is and desired conditions. The desired of the Agency, including whether the expected in late July 2019, and the final conditions for this project are based information will have practical or EIS is expected in December 2019. upon the Payette Forest Plan (USDA scientific utility; (2) the accuracy of the ADDRESSES: Send written comments to: Forest Service 2003), and the Watershed Agency’s estimate of the burden of the Keith Lannom, Forest Supervisor, 500 N Condition Framework (USDA Forest collection of information, including the Mission Street, Building 2, McCall, Service 2011). validity of the methodology and Idaho 83638. Comments may also be There is a need to increase the assumptions used; (3) ways to enhance sent via facsimile to 208–634–0744. diversity and resilience of the landscape the quality, utility, and clarity of the Comments may also be submitted with an emphasis on promoting early information to be collected; and (4) through the Granite Meadows Project seral and fire resistent species (e.g., ways to minimize the burden of the web page at http://www.fs.usda.gov/ ponderosa pine and western larch), and collection of information on project/?project=54029. To submit improving watershed function and respondents, including the use of comments using the web form select integrity. There is also a need to reduce automated, electronic, mechanical, or ‘‘Comment/Object on Project’’ under the threat of unnaturally high wildfire other technological collection ‘‘Get Connected’’ on the right panel of intensity, especially in areas adjacent to techniques or other forms of information the project’s web page. communities. Additionally, there is a technology. FOR FURTHER INFORMATION CONTACT: Erin need to address the potential for user All comments received in response to Phelps, New Meadows District Ranger, conflict and improve forest user safety, this notice, including names and 208–347–0300, [email protected]. and effectively manage areas addresses when provided, will be a Individuals who use telecommunication experiencing detrimental impacts from matter of public record. Comments will devices for the deaf (TDD) may call the dispersed or unauthorized recreation. be summarized and included in the Federal Information Relay Service There is also a need for economic

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stimulation for the communities Vegetative Treatments undesirable; and/or roadside treatments adjacent to and within the project area. to improve ingress and egress routes. The purpose of the Granite Meadows The Forest Service proposes a Prescribed Fire Treatments: Project is to: combination of commercial treatments, Prescribed fire treatments would occur A. Move vegetation toward desired non-commerical treatments (NCT) and on approximately 83,000 acres. Nearly conditions defined in the Forest Plan prescribed burning across the project all of the project area (excluding the with an emphasis on improving wildlife area. Treatments would be designed to Bruin Mountain Reasearch Natural Area habitat; reducing the risk of improve wildlife habitat conditions, and additional areas deemed unsuited uncharacteristic and undesirable increase growth rates and tree vigor, or critical) would be considered for wildland fire; returning fire to the improve stand resiliency to natural prescribed fire over the next 20 years. ecosystem; promoting the development disturbance, reduce density-related Commercial activities would generally of large tree forest structures mixed with competition, reduce the likelihood of be completed prior to the application of a mosaic of size classes; improving extreme fire behavior in thinned tree fire, except where the application of fire growth, maintaining and promoting stands, and increase potential for prior to thinning does not affect seral species composition (e.g., quaking firefighter and public safety through commercial activities. Approximately aspen, whitebark pine, western larch, reduced fire intensity, if a wildfire 500 to 10,000 acres of prescribed fire ponderosa pine, and Douglas-fir), and should occur. Treatments could occur would be applied annually. increasing resiliency to insects, disease, within the outer portions of some Associated Actions: Activities and fire. riparian conservation areas (RCAs) associated with implementing the above where necessary to meet the purpose vegetative treaments include road B. Support the development of fire- and need. Treatments would maintenance and use; temporary roads, adapted rural communities. incorporate mitigation measures to road relocation, rock pits, brush C. Provide for a safe, sustainable and address potential effects to soil, water, disposal, site preparation, and planting. efficient NFS transportation network for riparian and aquatic resources. administration, utilization, and Treatments on Private and State Lands Recurrent application of the necessary protection of NFS lands, and reduce Within the Project Area treatments (primarily prescribed fire) road-related negative effects to every 5 to 20 years would maintain the Through agreements between the resources. desired condition. USDA Forest Service, willing private D. Move subwatersheds within the landowners, county governments, and Commercial Vegetative Treatments: project area toward the desired Idaho Department of Lands (i.e., those Treatments would occur on conditions for soil, water, riparian, and identified within the project area approximately 25,000 acres and would aquatic resources. boundary), treatments would seek to a incorporate a variety of silvicultural E. Implement site-specific streambank meet the purpose and need for the systems, including both intermediate and wetland restoration activities where project and could include non- and regneration treatments, depending stream channels, wetlands, or riparian commercial thinning, prescribed fire, on stand conditions and species areas are in a degraded condition. brush disposal, planting and seeding of composition. The primary target for F. Manage recreation use by native vegetation, watershed commercial treatments are accessible improving trails, addressing improvements (e.g., culvert stands where removal of commercial unauthorized trails, improving other replacements and stream stabilization), sized trees would aid in achieving one recreation infrastructure, and thus and road repair. Actions proposed as or more of the following: Maintaining or improve soil and water conditions while part of this project would comply with restoring the desired vegetative also minmizing the potential for all laws applicable to management of conditions at the landscape scale; conflicts between users, and addressing state and private land. Agreements meeting wildland urban interface (WUI) the risk to forest users. under the Wyden Authority would not objectives (e.g., supports the G. Contribute to the economic vitality restrict or preclude these land owners development of fire-adapted rural of the communities adjacent to the from managing or implementing other communities and/or reduces the risk of Payette National Forest through additional activities on their lands. uncharacteristic and undesirable improvements to recreational Funding for activities outside the scope wildland fire); and/or meeting opportunities, timber sales, and other or purpose authorized under the Wyden recreation objectives, such as improving removals of forest products, which also Authority would have to be funded by skier experience and safety at Brundage fosters a resilient, adaptive ecosystem to other sources. mitigate wildfire risk and strengthen Ski Resort. communities. Non-Commercial Treatments: Non- Watershed Improvement and commercial thinning (NCT) would Restoration Treatments Proposed Action occur on approximately 75,000 acres These activities would include NFS The Proposed Action for the Granite and would be completed in areas of road treatments, unauthorized route Meadows project includes vegetative commercial harvest as well as outside of treatments, streambank and wetland treatments (commerical, non- commercial harvest. This would consist restoration activities, and fish passage commerical, prescribed burning, and of trees generally less than ten inches improvements. Road management associated actions); watershed diameter at breast height (DBH). Primary actions for this project would utilize the improvement and restoration target acres for NCT consist of stands McCall and New Meadows Ranger treatments; and recreation within 1⁄2 mile of structures; plantations; District Travel Analysis improvements. Additionally, high-use recreation areas where recommendations (completed in 2014 coordination with existing permittees vegetation management would maintain and 2015, respectively). Unauthorized on grazing programs would occur or enhance recreation objectives; areas routes not needed for future within the project area to meet the with forest health concerns due to insect management would also be evaluated purpose and need of reducing the risk and disease; areas with with undesirable for some level of restoration treatment of uncharacteristic and undesirable competition to early seral species; areas as required by Forest Service Manual wildland fire. where density related stress/mortality is 7734.01. and 7734.02. Site-specific

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streambank and wetland restoration Nature of Decision To Be Made of Agriculture’s (USDA), invites actions would occur in Sater Meadows, The Responsible Official will decide comments on this information Mud Creek, or other areas across the whether or not, and in what manner, collection for which the Agency intends project area where stream channels, lands within the Granite Meadows to request approval from the Office of wetlands, or riparian areas are in a project area would be treated to best Management and Budget (OMB). degraded condition. Actions to improve meet the purpose and need. The DATES: Comments on this notice must be stream channels, riparian habitat, and decision will be based on a received by December 31, 2018. wetlands may include: Streambank consideration of the environmental Development Innovation Center— stabilization, minor channel re- effects of implementing the proposed Regulatory Team, USDA, 1400 alignment, fence reconstruction, and action or alternatives. The Responsible Independence Ave. SW, STOP 1522, planting native vegetation. These Official may select the proposed action, Room 5162 South Building, actions may also include placement of any alternative analyzed in detail, a Washington, DC 20250–1522. instream or streambank structures such modified proposed action or alternative, Telephone: (202) 690–1078. Email: as, but not limited to, rock, large woody or no action. If an action alternative is [email protected]. debris, beaver dam analogs (BDAs), and selected, the Responsible Official will SUPPLEMENTARY INFORMATION: The Office barriers to prevent unauthorized determine what design features, of Management and Budget’s (OMB) motorized travel in sensitive areas. mitigation measures and monitoring regulation (5 CFR 1320) implementing Road-crossing improvements have been requirements are included in the provisions of the Paperwork Reduction identified in the project area to improve decision. Act of 1995 (Pub. L. 104–13) requires fish passage and hydrologic that interested members of the public Scoping Process connectivity, including crossings in the and affected agencies have an Round Valley Creek Little Salmon River This notice of intent initiates the opportunity to comment on information subwatershed, the Sixmile Creek Little scoping process, which helps guide the collection and recordkeeping activities Salmon River subwatershed, and in the development of the environmental (see 5 CFR 1320.8(d)). This notice Upper Goose Creek subwatershed. impact statement. It is important that identifies an information collection that Recreation Improvements reviewers provide their comments at the Agency is submitting to OMB for such times and in such a manner that revision. To meet the purpose and need for the they are useful to the Agency’s Comments are invited on (a) whether project, recreation improvements would preparation of the environmental impact the collection of information is include: statement. Therefore, comments should necessary for the proper performance of (A) Improving the existing trail be provided prior to the close of the the functions of the agency, including system by establishing user-created comment period and should clearly whether the information will have (unauthorized) trails as system trails articulate the reviewer’s concerns and practical utility; (b) the accuracy of the where appropriate, converting some contentions. agency’s estimate of burden including Comments received in response to roads to trails, and removing user- the validity of the methodology and this solicitation, including names and created trails that negetatively impact assumption used; (c) ways to enhance addresses of those who comment, will watershed and soil health; the quality, utility, and clarity of the be part of the public record for this information to be collected; and (d) (B) replacing or repairing existing project. Comments submitted ways to minimize the burden of the facilities, including restrooms and lake anonymously however will also be collection of information on those who amenities; accepted and considered; however, are to respond, including through the (C) addressing dispersed recreation anonymous comments will not provide use of appropriate automated, issues by enhancing sites, hardening the Agency with the ability to provide electronic, mechanical, or other sites, closing some sites, and/or sign the respondent with subsequent technological collection techniques on installation; information concerning the project. other forms and information technology. (D) managing roads (including Dated October 11, 2018. Comments may be sent to Michele relocation), posting signage and/or Allen Rowley, Brooks, Team Lead, Rural Development considering closure orders (temporary Acting Associate Deputy Chief, National Innovation Center—Regulatory Team, and/or permanent) to address public Forest System. USDA, 1400 Independence Ave. SW, safety in areas where conflicting use [FR Doc. 2018–23826 Filed 10–30–18; 8:45 am] STOP 1522, Room 5162 South Building, occurs; and BILLING CODE 3411–15–P Washington, DC 20250–1522. (E) improving skier experience and Telephone: (202) 690–1078. Email: safety through vegetative treatments [email protected]. within the Brundage Mountain Resort’s DEPARTMENT OF AGRICULTURE Title: 7 CFR Part 4280–E, Rural ski area. Business Development Grants. Rural Business—Cooperative Service OMB Control Number: 0570–0070. More detailed information on the Type of Request: Extension of purpose and need for the project as well Information Collection Activity; currently approved package. as the Proposed Action can be found on Comment Request Abstract: The Agricultural Act of the project page of the Payette National AGENCY: Rural Business—Cooperative 2014, Public Law 113–79 (2014 Farm Forest website at: http:// Service, USDA. Bill) (7 U.S.C. 1932(c)), authorizes the www.fs.usda.gov/project/ ACTION: Rural Business Development Grant ?project=54029. Notice and request for comments. (RBDG) program to facilitate the Responsible Official development of small and emerging SUMMARY: In accordance with the private businesses, industries, and The Forest Supervisor of the Payette Paperwork Reduction Act of 1995, the related employment as well as National Forest is the Responsible Rural Business—Cooperative Service, an identifying and analyzing business Official. agency of the United States Department opportunities, establishing business

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support centers, and providing training, Act of 1995 (Pub. L. 104–13) requires security, and to reduce the cost to technical assistance, and planning for that interested members of the public borrowers, in terms of time, expenses improving the economy in rural and affected agencies have an and paperwork, of obtaining lien communities. opportunity to comment on information accommodations and subordinations. Estimate of Burden: Public reporting collection and recordkeeping activities The information required to be burden for this collection of information (see 5 CFR 1320.8(d)). This notice submitted is limited to necessary is estimated to average 22.3 hours per identifies an information collection that information that would allow the responses. RUS is submitting to OMB for Agency to make a determination on the Estimated Number of Respondents: reinstatement. borrower’s request to subordinate and 920. Comments are invited on: (a) Whether accommodate their lien with other Estimated Number of Total Annual the proposed collection of information lenders. Responses per Respondents: 20,517. is necessary for the proper performance Estimate of Burden: Public Reporting Estimated Total Annual Burden on of the functions of the Agency, burden for this collection of information Respondents: 64,773. including whether the information will is estimated to average 19 hours per Copies of this information collection have practical utility; (b) the accuracy of response. can be obtained from MaryPat Daskal, the Agency’s estimate of the burden of Respondents: Not-for-profit Rural Development Innovation Center— the proposed collection of information institutions; Business or other for profit. Regulatory Team, at (202) 720–7853. including the validity of the Estimated Number of Respondents: 1. Email: [email protected]. methodology and assumptions used; (c) Estimated Number of Responses per All responses to this information ways to enhance the quality, utility and Respondent: 1. Estimated Total Annual Burden on collection and recordkeeping notice will clarity of the information to be Respondents: 19.25 hours. be summarized and included in the collected; and (d) ways to minimize the Copies of this information collection request for OMB approval. All burden of the collection of information on those who are to respond, including can be obtained from Kimble Brown, comments will also become a matter of Regulations Team, Innovation Center, at public record. through the use of appropriate automated, electronic, mechanical, or (202) 692–0043 or email: Dated: October 25, 2018. other technological collection [email protected]. Bette Brand, techniques or other forms of information All responses to this notice will be Administrator, Rural Business—Cooperative technology. Comments may be sent to: summarized and included in the request Service. Michele Brooks, Team Lead, Rural for OMB approval. All comments will [FR Doc. 2018–23835 Filed 10–30–18; 8:45 am] Development Innovation Center— also become a matter of public record. BILLING CODE P Regulatory Team, U.S. Department of Dated: October 18, 2018. Agriculture, STOP 1522, 1400 Christopher A. McLean, Independence Ave. SW, Washington, Acting Administrator, Rural Utilities Service. DEPARTMENT OF AGRICULTURE DC 20250–1522. Telephone: (202) 690– [FR Doc. 2018–23728 Filed 10–30–18; 8:45 am] 1078. FAX: (202) 720–8435. Email: Rural Utilities Service BILLING CODE 3410–15–P [email protected]. Information Collection Activity; Title: Lien Accommodations and Comment Request Subordinations, 7 CFR 1717, Subparts R COMMISSION ON CIVIL RIGHTS & S. AGENCY: Rural Utilities Service, USDA. OMB Control Number: 0572–0100. Notice of Public Meeting of the ACTION: Notice and request for Type of Request: Revision of a Missouri Advisory Committee To comments. currently approved collection. Discuss Civil Rights Topics in the Abstract: The Rural Electrification State SUMMARY: In accordance with the (RE) Act of 1936, as amended (7 U.S.C. Paperwork Reduction Act of 1995, the 901 et seq.), authorizes and empowers AGENCY: U.S. Commission on Civil United States Department of Agriculture the Administrator of RUS to make loans Rights. (USDA) Rural Utilities Service (RUS) in the several United States and ACTION: Announcement of meeting. invites comments on this information Territories of the United States for rural SUMMARY: Notice is hereby given, collection for which RUS intends to Electrification and the furnishing of pursuant to the provisions of the rules request approval from the Office of electric energy to persons in rural areas and regulations of the U.S. Commission Management and Budget (OMB). who are not receiving central station service. The RE Act also authorizes and on Civil Rights (Commission) and the DATES: Comments on this notice must be Federal Advisory Committee Act that received by December 31, 2018. empowers the Administrator of RUS to provide financial assistance to the Missouri Advisory Committee FOR FURTHER INFORMATION CONTACT: borrowers for purposes provided in the (Committee) will hold a meeting on Michele Brooks, Team Lead, Rural RE Act by accommodating or Friday, November 9, 2018, at 3:00 p.m. Development Innovation Center— subordinating loans made by the (Central) for the purpose discussing Regulatory Team, USDA, 1400 national Rural Utilities Cooperative civil rights topics in the state. Independence Ave. SW, STOP 1522, Finance Corporation, the Federal DATES: The meeting will be held on Room 5162, South Building, Financing Bank, and other lending Friday, November 9, 2018, at 3:00 p.m. Washington, DC 20250–1522. agencies. Title 7 CFR part 1717, (Central). Telephone: (202) 690–1078. FAX: (202) subparts R & S sets forth policy and Public Call Information: Dial: 888– 720–4120. Email: michele.brooks@ procedures to facilitate and support 256–1007, Conference ID: 4021474. wdc.usda.gov. borrowers’ efforts to obtain private FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: The Office sector financing of their capital needs, David Barreras, DFO, at dbarreras@ of Management and Budget’s (OMB) to allow borrowers greater flexibility in usccr.gov or 312–353–8311. regulation (5 CFR 1320) implementing the management of their business affairs SUPPLEMENTARY INFORMATION: Members provisions of the Paperwork Reduction without compromising RUS loan of the public can listen to the

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discussion. This meeting is available to Dated: October 25, 2018. Angeles, CA 90012. They may be faxed the public through the following toll- David Mussatt, to the Commission at (213) 894–0508, or free call-in number: 888–256–1007, Supervisory Chief, Regional Programs Unit. emailed Ana Victoria Fortes at afortes@ conference ID: 4021474. Any interested [FR Doc. 2018–23727 Filed 10–30–18; 8:45 am] usccr.gov. Persons who desire member of the public may call this BILLING CODE P additional information may contact the number and listen to the meeting. An Regional Programs Unit at (213) 894– open comment period will be provided 3437. to allow members of the public to make COMMISSION ON CIVIL RIGHTS Records and documents discussed a statement as time allows. The during the meeting will be available for conference call operator will ask callers Notice of Public Meeting of the Texas public viewing prior to and after the to identify themselves, the organization Advisory Committee meeting at https://facadatabase.gov/ committee/meetings.aspx?cid=276. they are affiliated with (if any), and an AGENCY: U.S. Commission on Civil email address prior to placing callers Rights. Please click on the ‘‘Meeting Details’’ into the conference room. Callers can and ‘‘Documents’’ links. Records ACTION: Announcement of meeting. expect to incur regular charges for calls generated from this meeting may also be they initiate over wireless lines, SUMMARY: Notice is hereby given, inspected and reproduced at the according to their wireless plan. The pursuant to the provisions of the rules Regional Programs Unit, as they become Commission will not refund any and regulations of the U.S. Commission available, both before and after the incurred charges. Callers will incur no on Civil Rights (Commission) and the meeting. Persons interested in the work charge for calls they initiate over land- Federal Advisory Committee Act of this Committee are directed to the line connections to the toll-free (FACA) that a teleconference meeting of Commission’s website, https:// telephone number. Persons with hearing the Texas Advisory Committee www.usccr.gov, or may contact the impairments may also follow the (Committee) to the Commission will be Regional Programs Unit at the above proceedings by first calling the Federal held at 1:00 p.m. (CDT) Monday, email or street address. Relay Service at 1–800–977–8339 and November 19, 2018. The purpose of the Agenda providing the Service with the meeting is to discuss the post-advisory conference call number and conference memo activity and elect committee vice I. Welcome ID number. chair. II. Elect Vice Chair III. Discussion Regarding Post-Advisory Members of the public are also DATES: The meeting will be held on Memo Activity entitled to submit written comments; Monday, November 19, 2018, at 1:00 IV. Public Comment the comments must be received in the p.m. CDT. V. Next Steps regional office within 30 days following Public Call Information: VI. Adjournment the meeting. Written comments may be Dial: 877–260–1479. mailed to the Midwestern Regional Conference ID: 6060733. Dated: October 26, 2018. Office, U.S. Commission on Civil Rights, FOR FURTHER INFORMATION CONTACT: Ana David Mussatt, 230 S Dearborn Street, Suite 2120, Victoria Fortes (DFO) at afortes@ Supervisory Chief, Regional Programs Unit. Chicago, IL 60604. They may also be usccr.gov or (213) 894–3437. [FR Doc. 2018–23838 Filed 10–30–18; 8:45 am] faxed to the Commission at (312) 353– SUPPLEMENTARY INFORMATION: This BILLING CODE 6335–01–P 8324 or emailed to David Barreras at meeting is available to the public [email protected]. Persons who through the following toll-free call-in desire additional information may number: 877–260–1479, conference ID COMMISSION ON CIVIL RIGHTS contact the Midwestern Regional Office number: 6060733. Any interested at (312) 353–8311. member of the public may call this Notice of Public Meetings of the number and listen to the meeting. Arkansas Advisory Committee to the Records generated from this meeting U.S. Commission on Civil Rights may be inspected and reproduced at the Callers can expect to incur charges for calls they initiate over wireless lines, Midwestern Regional Office, as they AGENCY: U.S. Commission on Civil become available, both before and after and the Commission will not refund any Rights. incurred charges. Callers will incur no the meeting. Records of the meeting will ACTION: Announcement of meeting. be available via www.facadatabase.gov charge for calls they initiate over land- under the Commission on Civil Rights, line connections to the toll-free SUMMARY: Notice is hereby given, Missouri Advisory Committee link telephone number. Persons with hearing pursuant to the provisions of the rules (https://facadatabase.gov/committee/ impairments may also follow the and regulations of the U.S. Commission committee.aspx?cid=258&aid=17). proceedings by first calling the Federal on Civil Rights (Commission) and the Persons interested in the work of this Relay Service at 1–800–877–8339 and Federal Advisory Committee Act that Committee are directed to the providing the Service with the the Arkansas Advisory Committee Commission’s website, http:// conference call number and conference (Committee) will hold a meeting on www.usccr.gov, or may contact the ID number. Wednesday November 14, 2018 at 2:30 Midwestern Regional Office at the above Members of the public are entitled to p.m. Central time. The Committee will email or street address. make comments during the open period discuss next steps in their study of civil at the end of the meeting. Members of rights and criminal justice in the state. Agenda the public may also submit written comments; the comments must be DATES: The meeting will take place on Welcome and Roll Call received in the Regional Programs Unit Wednesday November 14, 2018 at Discussion of Topics for Study within 30 days following the meeting. 2:30pm Central. Public Call Information: Dial: 877–260–1479, Conference ID: Next Steps Written comments may be mailed to the Western Regional Office, U.S. 9012436. Public Comment Commission on Civil Rights, 300 North FOR FURTHER INFORMATION CONTACT: Adjournment Los Angeles Street, Suite 2010, Los Melissa Wojnaroski, DFO, at

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[email protected] or 312–353– Dated: October 25, 2018. purpose of the project was to strengthen 8311. David Mussatt, the contribution of human resources SUPPLEMENTARY INFORMATION: Members Supervisory Chief, Regional Programs Unit. management and test whether the same of the public can listen to these [FR Doc. 2018–23726 Filed 10–30–18; 8:45 am] innovations conducted under the discussions. These meetings are BILLING CODE P National Institute of Standards and available to the public through the Technology alternative personnel above call in numbers. Any interested management system would produce member of the public may call this DEPARTMENT OF COMMERCE similarly successful results in other DoC environments. The project was number and listen to the meeting. An [Docket No.: 180928902–8902–01 open comment period will be provided implemented on March 29, 1998. The to allow members of the public to make project plan has been modified twelve Commerce Alternative Personnel times to clarify certain DoC a statement as time allows. The System conference call operator will ask callers Demonstration Project authorities, and to identify themselves, the organization AGENCY: Office of Administration, Office to extend and expand the project: 64 FR they are affiliated with (if any), and an of Human Resources Management, 52810 (September 30, 1999); 68 FR email address prior to placing callers Department of Commerce. 47948 (August 12, 2003); 68 FR 54505 into the conference room. Callers can ACTION: Notice. (September 17, 2003); 70 FR 38732 (July expect to incur regular charges for calls 5, 2005); 71 FR 25615 (May 1, 2006); 71 SUMMARY: they initiate over wireless lines, This notice announces the FR 50950 (August 28, 2006); 74 FR according to their wireless plan. The expansion of employee coverage under 22728 (May 14, 2009); 80 FR 25 (January Commission will not refund any the Commerce Alternative Personnel 2, 2015); 81 FR 20322 (April 7, 2016); incurred charges. Callers will incur no System (CAPS), formerly the 81 FR 40653 (June 22, 2016); 81 FR charge for calls they initiate over land- Department of Commerce Personnel 54787 (August 17, 2016); and 82 FR line connections to the toll-free Management Demonstration Project, 1688 (January 6, 2017). With the passage telephone number. Persons with hearing published in the Federal Register on of the Consolidated Appropriations Act, impairments may also follow the December 24, 1997. This coverage is 2008, Public Law 110–161, on December proceedings by first calling the Federal extended to include employees of the 26, 2007, the project was made Relay Service at 1–800–877–8339 and National Oceanic and Atmospheric permanent (extended indefinitely) and providing the Service with the Administration (NOAA), Office of renamed the Commerce Alternative conference call number and conference Atmospheric Research (OAR) located in Personnel System (CAPS). ID number. the Earth Systems Research Laboratory, CAPS provides for modifications to be Members of the public are also the Great Lakes Environmental Research made as experience is gained, results are entitled to submit written comments; Laboratory, and the Pacific Marine analyzed, and conclusions are reached the comments must be received in the Environmental Research Laboratory. on how the system is working. This regional office within 30 days following This notice also serves to modify the notice announces that the DoC expands the meeting. Written comments may be plan to add the Investigative Analysis CAPS to include additional bargaining mailed to the Regional Programs Unit, Series, 1805 to the Administrative (ZA) unit and non-bargaining unit employees U.S. Commission on Civil Rights, 230 S. career path. in the OAR, located in the Earth Dearborn, Suite 2120, Chicago, IL DATES: The amended Commerce Systems Research Laboratory (ESRL), 60604. They may also be faxed to the Alternative Personnel System is the Great Lakes Environmental Research Commission at (312) 353–8324, or effective October 31, 2018. Laboratory (GLERL), and the Pacific emailed to Corrine Sanders at csanders@ FOR FURTHER INFORMATION CONTACT: Marine Environmental Research usccr.gov. Persons who desire Department of Commerce—Sandra Laboratory (PMEL); and adds the additional information may contact the Thompson, U.S. Department of Investigative Analysis Series, 1805 to Regional Programs Unit at (312) 353– Commerce, 1401 Constitution Avenue the Administrative (ZA) career path. 8311. NW, Room 51020, Washington, DC The DoC will follow the CAPS plan as Records generated from this meeting 20230, (202) 482–0056 or Valerie Smith published in the Federal Register on may be inspected and reproduced at the at (202) 482–0272. December 24, 1997, and subsequent modifications as listed in the Regional Programs Unit Office, as they SUPPLEMENTARY INFORMATION: become available, both before and after Background Section of this notice. 1. Background the meeting. Records of the meeting will Kevin E. Mahoney, be available via www.facadatabase.gov The Office of Personnel Management Director for Human Resources Management under the Commission on Civil Rights, (OPM) approved the Department of and Chief Human Capital Officer. Arkansas Advisory Committee link. Commerce (DoC) demonstration project Persons interested in the work of this for an alternative personnel Table of Contents Committee are directed to the management system, and published the I. Executive Summary Commission’s website, http:// final plan in the Federal Register on II. Basis for CAPS Expansion www.usccr.gov, or may contact the Wednesday, December 24, 1997 (62 FR III. Changes to the Project Plan Regional Programs Unit at the above 67434). The demonstration project was I. Executive Summary email or street address. designed to simplify current classification systems for greater CAPS is designed to (1) improve Agenda flexibility in classifying work and hiring and allow DoC to compete more Welcome and Roll Call paying employees; establish a effectively for high-quality candidates Civil Rights in Arkansas: Mass performance management and rewards through direct hiring, selective use of Incarceration system for improving individual and higher entry salaries, and selective use Future Plans and Actions organizational performance; and of recruitment incentives; (2) motivate Public Comment improve recruiting and examining to and retain staff through higher pay Adjournment attract highly-qualified candidates. The potential, pay-for-performance, more

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responsive personnel systems, and programs in coastal, marine, to the implementation date of the selective use of retention incentives; (3) atmospheric, and space sciences expansion. strengthen the manager’s role in through its own laboratories and offices, C. Labor Participation personnel management through as well as through networks of delegation of personnel authorities; and university-based programs. The work Labor organizations were notified (4) increase the efficiency of personnel consists of research, modeling, and about the CAPS expansion pertaining to systems through the installation of a environmental observations relating to their bargaining unit membership. simpler and more flexible classification weather and air quality, climate, and Bargaining-unit employees are covered system based on pay banding through ocean and coastal resources. Since the by AFGE Local 2186, Boulder, Colorado, reduction of guidelines, steps, and inception of the demonstration project and AFGE Local 3908, Ann Arbor, paperwork in classification, hiring, and in 1997, and subsequent modification/ Michigan. expansion notices, units of OAR have other personnel systems, and through III. Changes to the Project Plan automation. participated in CAPS, with the The current participating exception of the GLERL, and the PMEL. The CAPS at DoC, published in the organizations include 1 office of the In October 2005, the ESRL was formed, Federal Register on December 24, 1997 Deputy Secretary in the Office of the which absorbed the following former (62 FR 67434), is amended as follows: Secretary, 6 offices of the Chief demonstration project covered units: 1. The following organization will be Financial Officer/Assistant Secretary for Aeronomy Laboratory, Air Resources added to the project plan, Section II D— Administration in the Office of the Laboratory—Surface Radiation Research Participating Organizations Secretary; the Bureau of Economic Branch, Climate Diagnostics Center, Within the National Oceanic and Analysis; 2 units of the National Climate Monitoring and Diagnostics Atmospheric Administration (NOAA), Telecommunications and Information Laboratory, Environmental Technology Office of Oceanic and Atmospheric Administration (NTIA): the Institute for Laboratory, and the Forecast Systems Research, (OAR), Telecommunication Sciences and the Laboratory. Subsequent reorganizations Great Lakes Environmental Research First Responder Network Authority (an have occurred within OAR, resulting in Laboratory (GLERL) independent authority within NTIA); the alignment of additional bargaining Pacific Marine Environmental and 12 units of the National Oceanic and non-bargaining unit General Research Laboratory (PMEL) and Atmospheric Administration: Office Schedule (GS) employees under ESRL. Additional employees in the of Oceanic and Atmospheric Research, With the majority of ESRL employees following: National Marine Fisheries Service, the being covered by an alternative Earth Science Research Laboratory National Environmental Satellite, Data, personnel management system, a (ESRL) and Information Service, National determination was made to have one 2. The following bargaining units are Weather Service—Space Environment uniform pay system and to convert the added to the project plan, Section II F— Center, National Ocean Service, remaining GS ESRL workforce under Labor Participation Table 4—Bargaining Program Planning and Integration CAPS. Unit Coverage. Office, Office of the Under Secretary, The expansion of CAPS coverage to ESRL . . . Boulder, CO AFGE Local Marine and Aviation Operations, Office include the remaining OAR laboratories 2186 of the Chief Administrative Officer, and the bargaining unit and non- GLERL . . . Ann Arbor, MI AFGE Office of the Chief Financial Officer, the bargaining unit GS employees of ESRL Local 3908 Workforce Management Office, and the will allow OAR to continue to benefit from the flexibilities provided by CAPS 3. The following series is added to the Office of the Chief Information Officer. project plan, Section II E. Participating This amendment modifies the and should improve the organization’s ability to recruit and retain a high- Employees—Table 2.—Occupational December 24, 1997, Federal Register Series by Career Path notice. Specifically, it expands DoC quality workforce by offering one Administrative (ZA) career path, 1805, CAPS to include additional OAR uniform pay system throughout OAR. DoC’s CAPS allows for modifications Investigative Analysis bargaining unit and non-bargaining unit of procedures if no new waiver from law employees located in the ESRL, GLERL, [FR Doc. 2018–23832 Filed 10–30–18; 8:45 am] or regulation is added. Given that this and the PMEL; and adds the BILLING CODE 3510–EA–P expansion and modification is in Investigative Analysis Series, 1805 to accordance with existing law and the Administrative (ZA) career path regulation and CAPS is a permanent DEPARTMENT OF COMMERCE II. Basis for CAPS Expansion alternative personnel system, the DoC is authorized to make the changes Foreign-Trade Zones Board A. Purpose described in this notice. [Order No. 2065] CAPS is designed to provide B. Participating Employees supervisors/managers at the lowest Production Authority Not Approved; organizational level the authority, Employee notification of this PBR, Inc. d/b/a SKAPS Industries; control, and flexibility to recruit, retain, expansion will be accomplished by Foreign-Trade Zone 26; (Non-Woven develop, recognize, and motivate its providing a full set of briefings to Geotextiles); Athens, Georgia workforce, while ensuring adequate employees and managers and providing accountability and oversight. them electronic access to all CAPS Pursuant to its authority under the Foreign- OAR is the primary research and policies and procedures, including the Trade Zones Act of June 18, 1934, as development organization within twelve previous Federal Register amended (19 U.S.C. 81a–81u), the Foreign- NOAA. OAR research results allow Notices. A copy of this Federal Register Trade Zones Board (the Board) adopts the decision makers to make effective notice will also be accessible following Order: judgements in order to prevent the loss electronically upon approval. Whereas, the Foreign-Trade Zones of human life and conserve and manage Subsequent supervisor training and (FTZ) Act provides for ‘‘. . . the natural resources while maintaining a informational briefings for all establishment . . . of foreign-trade strong economy. OAR conducts research employees will be accomplished prior zones in ports of entry of the United

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States, to expedite and encourage Trade Zones Board to grant to qualified DEPARTMENT OF COMMERCE foreign commerce, and for other corporations the privilege of purposes,’’ and authorizes the Foreign- establishing foreign-trade zones in or Foreign-Trade Zones Board Trade Zones Board to grant to qualified adjacent to U.S. Customs and Border [B–42–2018] corporations the privilege of Protection ports of entry; establishing foreign-trade zones in or Whereas, the City of Waterville, Foreign-Trade Zone (FTZ) 244— adjacent to U.S. Customs and Border Maine, grantee of Foreign-Trade Zone Riverside County, California; Protection ports of entry; 186, has requested production authority Authorization of Production Activity; Whereas, the Georgia Foreign-Trade ModusLink Corporation (Camera and Zone, Inc., grantee of FTZ 26, has on behalf of Flemish Master Weavers (FMW), within Subzone 186A in Accessories Kitting), Riverside, requested production authority on California behalf of PBR, Inc. d/b/a SKAPS Sanford, Maine (B–28–2017, docketed Industries, located in Athens, Georgia April 18, 2017); On June 28, 2018, ModusLink (B–22–2014, docketed March 12, 2014); Whereas, notice inviting public Corporation submitted a notification of Whereas, notice inviting public comment has been given in the Federal proposed production activity to the FTZ comment has been given in the Federal Register (82 FR 26434, June 7, 2017; 83 Board for its facility within FTZ 244— Register (79 FR 15725–15726, March 21, FR 1608, January 12, 2018) and the Site 11, in Riverside, California. 2014; 79 FR 17500, March 28, 2014) and application has been processed The notification was processed in the application has been processed pursuant to the FTZ Act and the Board’s accordance with the regulations of the pursuant to the FTZ Act and the Board’s regulations; and, FTZ Board (15 CFR part 400), including regulations; and, notice in the Federal Register inviting Whereas, the Board adopts the Whereas, the Board adopts the public comment (83 FR 31526–31527, findings and recommendations of the findings and recommendations of the July 6, 2018). On October 26, 2018, the examiner’s report, and finds that the examiner’s report, and finds that the applicant was notified of the FTZ requirements of the FTZ Act and the requirements of the FTZ Act and the Board’s decision that no further review Board’s regulations have not been Board’s regulations would be satisfied, of the activity is warranted at this time. satisfied; and that the proposal would be in the The authorization is for the foreign- Now, therefore, the Board hereby does public interest, if subject to the status components and finished not approve the application requesting restrictions listed below; products described in the notification, production authority under zone Now, therefore, the Board hereby subject to a restriction requiring that procedures within FTZ 26 at the facility orders: textile bag packs; textile chest mount of PBR, Inc. d/b/a SKAPS Industries, harnesses; bags, microfibers, and dive located in Athens, Georgia, as described The application for production filters; camera cases; men’s knitted in the application and Federal Register authority under zone procedures within shirts; men’s t-shirts; women’s t-shirts; notice. Subzone 186A on behalf of FMW, as men’s sweatshirts; lithium-ion storage Dated: October 25, 2018. described in the application and batteries; women’s sweatshirts; and, Gary Taverman, Federal Register notice, is approved, men’s jackets be admitted to the zone in Deputy Assistant Secretary for Antidumping subject to the FTZ Act and the Board’s privileged foreign status (19 CFR and Countervailing Duty Operations, regulations, including Section 400.13, 146.41), with no further review by the performing the non-exclusive functions and and further subject to the following FTZ Board. duties of the Assistant Secretary for restrictions: Dated: October 26, 2018. Enforcement and Compliance Alternate 1. The annual quantitative volume of Chairman, Foreign-Trade Zones Board. Elizabeth Whiteman, continuous filament polypropylene yarn [FR Doc. 2018–23796 Filed 10–30–18; 8:45 am] Acting Executive Secretary. that FMW may admit into Subzone [FR Doc. 2018–23799 Filed 10–30–18; 8:45 am] BILLING CODE 3510–DS–P 186A under nonprivileged foreign status BILLING CODE 3510–DS–P (19 CFR 146.42) is limited to 3 million DEPARTMENT OF COMMERCE kilograms; and, 2. Approval is limited to an initial DEPARTMENT OF COMMERCE Foreign-Trade Zones Board period of five years, subject to extension Foreign-Trade Zones Board [Order No. 2071] upon review. [Order No. 2070] Restricted Approval for Production Dated: October 25, 2018. Authority; Foreign-Trade Zone 186; Gary Taverman, Reorganization of Foreign-Trade Zone Flemish Master Weavers (Machine- Deputy Assistant Secretary for Antidumping 29 Under Alternative Site Framework; Woven Area Rugs); Waterville, Maine and Countervailing Duty Operations, Louisville, Kentucky performing the non-exclusive functions and Pursuant to its authority under the Foreign- duties of the Assistant Secretary for Pursuant to its authority under the Foreign- Trade Zones Act of June 18, 1934, as Enforcement and Compliance Alternate Trade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a–81u), the Foreign- Chairman, Foreign-Trade Zones Board. amended (19 U.S.C. 81a-81u), the Foreign- Trade Zones Board (the Board) adopts the Trade Zones Board (the Board) adopts the [FR Doc. 2018–23803 Filed 10–30–18; 8:45 am] following Order: following Order: BILLING CODE 3510–DS–P Whereas, the Foreign-Trade Zones Whereas, the Foreign-Trade Zones (FTZ) Act provides for ‘‘. . . the (FTZ) Act provides for ‘‘. . . the establishment . . . of foreign-trade establishment .... of foreign-trade zones in ports of entry of the United zones in ports of entry of the United States, to expedite and encourage States, to expedite and encourage foreign commerce, and for other foreign commerce, and for other purposes,’’ and authorizes the Foreign- purposes,’’ and authorizes the Foreign-

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Trade Zones Board to grant to qualified Dated: October 25, 2018. Now, therefore, the Board hereby corporations the privilege of Gary Taverman, orders: establishing foreign-trade zones in or Deputy Assistant Secretary for Antidumping The application to reorganize and adjacent to U.S. Customs and Border and Countervailing Duty Operations, expand FTZ 198 under the ASF is Protection ports of entry; performing the non-exclusive functions and approved, subject to the FTZ Act and duties of the Assistant Secretary for the Board’s regulations, including Whereas, the Board adopted the Enforcement and Compliance Alternate Section 400.13, and to the Board’s alternative site framework (ASF) (15 Chairman, Foreign-Trade Zones Board. standard 2,000-acre activation limit for CFR Sec. 400.2(c)) as an option for the [FR Doc. 2018–23795 Filed 10–30–18; 8:45 am] the zone. establishment or reorganization of BILLING CODE 3510–DS–P zones; Dated: October 25, 2018. Gary Taverman, Whereas, the Louisville & Jefferson DEPARTMENT OF COMMERCE Deputy Assistant Secretary for Antidumping County Riverport Authority, grantee of and Countervailing Duty Operations, Foreign-Trade Zone 29, submitted an Foreign-Trade Zones Board performing the non-exclusive functions and application to the Board (FTZ Docket B– duties of the Assistant Secretary for 23–2018, docketed April 11, 2018, [Order No. 2064] Enforcement and Compliance, Alternate amended June 15, 2018) for authority to Chairman, Foreign-Trade Zones Board. Reorganization and Expansion of reorganize under the ASF with a service [FR Doc. 2018–23797 Filed 10–30–18; 8:45 am] Foreign-Trade Zone 198 Under BILLING CODE 3510–DS–P area of Anderson, Breckinridge, Bullitt, Alternative Site Framework, Volusia Butler, Carroll, Crittenden, Daviess, and Flagler Counties, Florida Franklin, Hancock, Henderson, Henry, DEPARTMENT OF COMMERCE Hopkins, Jefferson, McLean, Meade, Pursuant to its authority under the Foreign- Muhlenberg, Nelson, Ohio, Oldham, Trade Zones Act of June 18, 1934, as Foreign-Trade Zones Board Shelby, Spencer, Trimble, Union, amended (19 U.S.C. 81a–81u), the Foreign- Trade Zones Board (the Board) adopts the [B–65–2018] Webster, and Woodford Counties, in following Order: and adjacent to the Louisville, Kentucky Foreign-Trade Zone (FTZ) 78— Whereas, the Foreign-Trade Zones and Evansville, Indiana Customs and Nashville, Tennessee; Notification of (FTZ) Act provides for ‘‘. . . the Border Protection ports of entry, FTZ Proposed Production Activity; establishment . . . of foreign-trade 29’s existing Sites 1, 4, 7, 9, 11 and 15 Calsonic Kansei North America; zones in ports of entry of the United would be categorized as magnet sites, (Automotive Parts); Shelbyville and States, to expedite and encourage and existing Sites 5, 6, 8, 13 and 14 as Lewisburg, Tennessee foreign commerce, and for other usage-driven sites; purposes,’’ and authorizes the Foreign- Calsonic Kansei North America Whereas, notice inviting public Trade Zones Board to grant to qualified (CKNA) submitted a notification of comment was given in the Federal corporations the privilege of proposed production activity to the FTZ Register (83 FR 17142–17143, April 18, establishing foreign-trade zones in or Board for its facilities in Shelbyville and 2018) and the application has been adjacent to U.S. Customs and Border Lewisburg, Tennessee. The notification processed pursuant to the FTZ Act and Protection ports of entry; conforming to the requirements of the the Board’s regulations; and, Whereas, the Board adopted the regulations of the FTZ Board (15 CFR Whereas, the Board adopts the alternative site framework (ASF) (15 400.22) was received on October 23, findings and recommendations of the CFR Sec. 400.2(c)) as an option for the 2018. examiner’s report, and finds that the establishment or reorganization of The applicant indicates that it will be zones; requirements of the FTZ Act and the submitting a separate application for Whereas, Volusia County, grantee of FTZ designation at the CKNA facilities Board’s regulations are satisfied; Foreign-Trade Zone 198, submitted an under FTZ 78. The facilities will be Now, therefore, the Board hereby application to the Board (FTZ Docket used to produce a variety of automotive orders: B–29–2018, docketed May 7, 2018) for parts and subassemblies for use in the The application to reorganize FTZ 29 authority to reorganize and expand automotive industry. Pursuant to 15 under the ASF is approved, subject to under the ASF with a service area of CFR 400.14(b), FTZ activity would be the FTZ Act and the Board’s regulations, Volusia County, Florida, in and adjacent limited to the specific foreign-status including Section 400.13, to the Board’s to the Daytona Beach International materials and components and specific standard 2,000-acre activation limit for Airport Customs and Border Protection finished products described in the the zone, to an ASF sunset provision for user-fee airport, and FTZ 198’s existing submitted notification (as described Site 1 (as modified) would be magnet sites that would terminate below) and subsequently authorized by categorized as a magnet site and Sites 2, authority for Sites 4, 7, 9, 11 and 15 if the FTZ Board. 3, 4 and 5 would be removed from the Production under FTZ procedures not activated within five years from the zone; could exempt CKNA from customs duty month of approval, and to an ASF Whereas, notice inviting public payments on the foreign-status sunset provision for usage-driven sites comment was given in the Federal components used in export production. that would terminate authority for Sites Register (83 FR 22005, May 11, 2018) On its domestic sales, for the foreign- 5, 6, 8, 13 and 14 if no foreign-status and the application has been processed status materials/components noted merchandise is admitted for a bona fide pursuant to the FTZ Act and the Board’s below, CKNA would be able to choose customs purpose within three years regulations; and, the duty rates during customs entry from the month of approval. Whereas, the Board adopts the procedures that apply to: Safety, findings and recommendations of the warning, and identification labels; glove examiner’s report, and finds that the box dampers; rubber grommets, mounts requirements of the FTZ Act and the and seals; air filters; steel hex screws; Board’s regulations are satisfied; polypropylene+talc plastic fuse covers;

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steel brackets; air vents; motor fan module unit circuits; advanced driver Public comment is invited from housings; air conditioner (a/c) blower assistance systems; electronic control interested parties. Submissions shall be fans; a/c evaporators with seals; a/c unit occupant detection systems; addressed to the Board’s Executive heater cores with seals; catalytic integrated circuit-central processing Secretary at the address below. The converters; evaporator expansion valves; units; airbag occupant electronic control closing period for their receipt is electronic body control modules; plastic units; sensors and diagnosis air bag December 10, 2018. switch retaining brackets; airbag service kits; air bag unit sensors; A copy of the notification will be electronic control units; bumper steering wire harnesses; a/c unit available for public inspection at the brackets; center console boxes; plastic insulators; rear console finishers; Office of the Executive Secretary, switch brackets; plastic covers; cover instrument panel finishers; lid-fuse Foreign-Trade Zones Board, Room instruments; air duct center vents; blocks; plastic instrument panel covers; 21013, U.S. Department of Commerce, dashboard speaker covers; cup holders; door vents; a/c slide doors; steel radiator 1401 Constitution Avenue NW, plastic lids; hinge plastic covers; caps; aluminum radiator header plates; Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the Board’s console removable liners; air filter aluminum radiator core reinforcements; website, which is accessible via covers; windshield defrost ducts; radiator with transmission oil coolers; www.trade.gov/ftz. dashboard pads; instrument panels; aluminum radiator tubes; steel inlets plastic center console pockets; motor For further information, contact and outlet diffuser exhaust tubes; Christopher Wedderburn at fan splash guards; plastic radiator flanges; steel insulators; steel exhaust mount supports; radiator tank reserves; [email protected] or (202) pipes; aluminum condenser adapters; 482–1963. center console trays; air vents; plastic polypropulene+talc center duct air intake doors; mechanical links and adapters; steel boss oxygen exhaust Dated: October 25, 2018. levers for intake doors; radiator with manifolds; steel exhaust cap convertors; Andrew McGilvray, seals; steel mufflers end plates; steel polypropulene+talc front cases; plastic Executive Secretary. exhaust tubes; steering column covers; air conditioner unit clips; stainless steel [FR Doc. 2018–23801 Filed 10–30–18; 8:45 am] steering members; radiator caps; air motor fan clips; zinc plated steel BILLING CODE 3510–DS–P intake ducts; transmission oil coolers radiator support mounting collars; body with seals; instrument cluster control control module connectors; ignition switches; and, instrument cluster DEPARTMENT OF COMMERCE switch covers; connector covers; low finishers (duty rate ranges from duty- density polyethylene duct aspirators; free to 6%). CKNA would be able to Foreign-Trade Zones Board fan control modules; urethane foam avoid duty on foreign-status [Order No. 2069] components which become scrap/waste. grommet heater pipes; polyacetal hinge pins; nylon antenna holders; Customs duties also could possibly be Expansion of Foreign-Trade Zone 15; deferred or reduced on foreign-status acrylonitrile ethylene styrene glove box Under Alternative Site Framework production equipment. lamp housings; automatic transmission Kansas City, Missouri controls; exhaust manifold steel joints; The components and materials polycarbonate/acrylonitrile butadiene Pursuant to its authority under the Foreign- sourced from abroad include: styrene and polyvinyl chloride Trade Zones Act of June 18, 1934, as Polypropylene+talc; blank labels; instrument cluster skin lids; glove box amended (19 U.S.C. 81a–81u), the Foreign- aluminum condensor seals; rubber lids; a/c motor/actuators; Trade Zones Board (the Board) adopts the radiator seals; vibration control rubber following Order: polypropulene+talc connector covers; bumpers, mounting, and stoppers; steel Whereas, the Foreign-Trade Zones flanges; zinc plated screw-taps; zinc acrylonitrile butadiene styrene switch covers; instrument clusters; (FTZ) Act provides for ‘‘. . . the plated bolts; steel screws; steel clips; establishment . . . of foreign-trade steel brackets; flux cored wires; steel polycarbonate/acrylonitrile butadiene styrene dashboard finishers; zones in ports of entry of the United tubes; a/c blower fans; aluminum fan States, to expedite and encourage inserts; a/c blower fans with motors; air acrylonitrile butadiene styrene + polyethylene furanoate +polyvinyl foreign commerce, and for other conditioner units; a/c amplifiers; purposes,’’ and authorizes the Foreign- chloride console panel covers; connector liquid-tanks; heater cores Trade Zones Board to grant to qualified thermistor-type power temperature with seals; evaporators; aluminum corporations the privilege of coefficient circuit breakers; instrument condensor pipe flanges; aluminum establishing foreign-trade zones in or condensor header plates; condensor cluster pointer supports; a/c unit soft adjacent to U.S. Customs and Border aluminum pipes; air filters; catalytic vinyl drain tubes; transmission oil Protection ports of entry; converters; steel catalytic converter cooler adapters; transmission oil Whereas, the Board adopted the housings; injection molds; muffler coolers; intake sensor with clips; alternative site framework (ASF) (15 valves; evaporator expansion valves; ambient in-car sensors; sun sensors; CFR S. 400.2(c)) as an option for the electric fan motors; warning buzzers and and, electronic a/c fan controls (duty establishment or reorganization of speakers; radio units; antenna digital rate ranges from duty-free to 7. The zones; control modules; smart keyless request indicates that certain materials/ Whereas, the Greater Kansas City antennae; air bag cut off indicators; components are subject to special duties Foreign-Trade Zone, Inc., grantee of capacitor-chips; resistors; printed circuit under Section 232 of the Trade Foreign-Trade Zone 15, submitted an boards; instrument cluster switches; Expansion Act of 1962 (Section 232) application to the Board (FTZ Docket B– battery charging status warning and Section 301 of the Trade Act of 70–2017, docketed November 8, 2017) indicators; audio control switches; 1974 (Section 301), depending on the for authority to modify the boundaries manual a/c control units; automatic a/c country of origin. The applicable of existing Site 3 at the Kansas City control units; manual a/c controls; Section 232 and Section 301 decisions International Airport facility by vehicle area network bridge controls; require subject merchandise to be removing and adding acreage under the diodes; electronic frequency crystal- admitted to FTZs in privileged foreign ASF, in the Kansas City Customs and quartz; a/c controllers; body control status (19 CFR 146.41). Border Protection port of entry;

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Whereas, notice inviting public DEPARTMENT OF COMMERCE Dated: October 25, 2018. comment was given in the Federal Gary Taverman, Register (82 FR 52878, November 15, Foreign-Trade Zones Board Deputy Assistant Secretary for Antidumping 2017) and the application has been [Order No. 2068] and Countervailing Duty Operations, processed pursuant to the FTZ Act and performing the non-exclusive functions and the Board’s regulations; and, Reorganization and Expansion of duties of the Assistant Secretary for Whereas, the Board adopts the Foreign-Trade Zone 25 Under Enforcement and Compliance, Alternate Chairman, Foreign-Trade Zones Board. findings and recommendations of the Alternative Site Framework, Broward examiner’s report, and finds that the County, Florida [FR Doc. 2018–23798 Filed 10–30–18; 8:45 am] requirements of the FTZ Act and the BILLING CODE 3510–DS–P Board’s regulations are satisfied; Pursuant to its authority under the Foreign- Now, therefore, the Board hereby Trade Zones Act of June 18, 1934, as orders: amended (19 U.S.C. 81a–81u), the Foreign- DEPARTMENT OF COMMERCE Trade Zones Board (the Board) adopts the The application to expand FTZ 15— Foreign-Trade Zones Board Site 3 under the ASF is approved, following Order: subject to the FTZ Act and the Board’s Whereas, the Foreign-Trade Zones [Order No. 2067] regulations, including Section 400.13, (FTZ) Act provides for ‘‘. . . the and to the Board’s standard 2,000-acre establishment . . . of foreign-trade Production Authority Not Approved; activation limit for the zone. zones in ports of entry of the United Kravet, Inc.; Subzone 38G; Dated: October 25, 2018. States, to expedite and encourage (Commercial Samples); Anderson, Gary Taverman, foreign commerce, and for other South Carolina Deputy Assistant Secretary for Antidumping purposes,’’ and authorizes the Foreign- and Countervailing Duty Operations, Trade Zones Board to grant to qualified Pursuant to its authority under the Foreign- performing the non-exclusive functions and corporations the privilege of Trade Zones Act of June 18, 1934, as duties of the Assistant Secretary for establishing foreign-trade zones in or amended (19 U.S.C. 81a–81u), the Foreign- Enforcement and Compliance Alternate adjacent to U.S. Customs and Border Trade Zones Board (the Board) adopts the Chairman Foreign-Trade Zones Board. Protection ports of entry; following Order: [FR Doc. 2018–23794 Filed 10–30–18; 8:45 am] Whereas, the Board adopted the BILLING CODE 3510–DS–P alternative site framework (ASF) (15 Whereas, the Foreign-Trade Zones CFR Sec. 400.2(c)) as an option for the (FTZ) Act provides for ‘‘. . . the establishment or reorganization of establishment . . . of foreign-trade DEPARTMENT OF COMMERCE zones; zones in ports of entry of the United Whereas, Broward County, grantee of States, to expedite and encourage Foreign-Trade Zones Board Foreign-Trade Zone 25, submitted an foreign commerce, and for other application to the Board (FTZ Docket B– purposes,’’ and authorizes the Foreign- [B–43–2018] 36–2018, docketed May 30, 2018) for Trade Zones Board to grant to qualified authority to reorganize and expand corporations the privilege of Foreign-Trade Zone (FTZ) 21— under the ASF with a service area of establishing foreign-trade zones in or Charleston, South Carolina; Broward County, in and adjacent to the adjacent to U.S. Customs and Border Authorization of Production Activity; Port Everglades Customs and Border Protection ports of entry; AGRU America Charleston, LLC; Protection port of entry, and FTZ 25’s Whereas, the South Carolina State (Polyethylene Fittings and Floaters); existing Sites 1 (as modified), 2 through Ports Authority, grantee of FTZ 38, has North Charleston, South Carolina 11, and 13 through 20 would be requested production authority on On June 27, 2018, AGRU America categorized as magnet sites; behalf of Kravet, Inc., for its facility Charleston, LLC, submitted a Whereas, notice inviting public located in Anderson, South Carolina (B– notification of proposed production comment was given in the Federal 40–2014, docketed May 20, 2014); activity to the FTZ Board for its facility Register (83 FR 26256, June 6, 2018) and Whereas, notice inviting public within FTZ 21, Site 38, in North the application has been processed comment has been given in the Federal Charleston, South Carolina. pursuant to the FTZ Act and the Board’s Register (79 FR 30078–30079, May 27, The notification was processed in regulations; and, 2014; 80 FR 15755, March 25, 2015) and accordance with the regulations of the Whereas, the Board adopts the the application has been processed FTZ Board (15 CFR part 400), including findings and recommendations of the pursuant to the FTZ Act and the Board’s notice in the Federal Register inviting examiner’s report, and finds that the regulations; and, public comment (83 FR 31725, July 9, requirements of the FTZ Act and the Board’s regulations are satisfied; Whereas, the Board adopts the 2018). On October 25, 2018, the findings and recommendations of the applicant was notified of the FTZ Now, therefore, the Board hereby orders: examiner’s report, and finds that the Board’s decision that no further review requirements of the FTZ Act and the of the activity is warranted at this time. The application to reorganize and expand FTZ 25 under the ASF is Board’s regulations have not been The production activity described in the satisfied; notification was authorized, subject to approved, subject to the FTZ Act and the FTZ Act and the FTZ Board’s the Board’s regulations, including Now, therefore, the Board hereby does regulations, including Section 400.14. Section 400.13, to the Board’s standard not approve the application requesting 2,000-acre activation limit for the zone, production authority under zone Dated: October 25, 2018. and to an ASF sunset provision for procedures within Subzone 38G at the Andrew McGilvray, magnet sites that would terminate facility of Kravet, Inc., located in Executive Secretary. authority for Sites 2 through 11 and 13 Anderson, South Carolina, as described [FR Doc. 2018–23802 Filed 10–30–18; 8:45 am] through 20 if not activated within five in the application and Federal Register BILLING CODE 3510–DS–P years from the month of approval. notice.

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Dated: October 25, 2018. Dated: October 25, 2018. Decision Memorandum.3 A list of topics Gary Taverman, Gary Taverman, included in the Preliminary Decision Deputy Assistant Secretary for Antidumping Deputy Assistant Secretary for Antidumping Memorandum is included as Appendix and Countervailing Duty Operations, and Countervailing Duty Operations, II to this notice. The Preliminary performing the non-exclusive functions and performing the non-exclusive functions and Decision Memorandum is a public duties of the Assistant Secretary for duties of the Assistant Secretary for document and is on file electronically Enforcement and Compliance Alternate Enforcement and Compliance, Alternate via Enforcement and Compliance’s Chairman, Foreign-Trade Zones Board. Chairman, Foreign-Trade Zones Board. Antidumping and Countervailing Duty [FR Doc. 2018–23793 Filed 10–30–18; 8:45 am] [FR Doc. 2018–23800 Filed 10–30–18; 8:45 am] Centralized Electronic Service System BILLING CODE 3510–DS–P BILLING CODE 3510–DS–P (ACCESS). ACCESS is available to registered users at https:// access.trade.gov, and to all parties in the DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE Central Records Unit, room B8024 of the Foreign-Trade Zones Board International Trade Administration main Department of Commerce building. In addition, a complete [A–533–883] version of the Preliminary Decision [Order No. 2066] Memorandum can be accessed directly Glycine From India: Preliminary at http://enforcement.trade.gov/frn/. Production Authority Not Approved; Affirmative Determination of Sales at The signed and the electronic versions CSI Calendering, Inc., Foreign-Trade Less Than Fair Value, Postponement of the Preliminary Decision Zone 39, (Rubber Coated Textile of Final Determination, and Extension Memorandum are identical in content. Fabric), Arlington, Texas of Provisional Measures Scope of the Investigation Pursuant to its authority under the Foreign- AGENCY: Enforcement and Compliance, The product covered by this Trade Zones Act of June 18, 1934, as International Trade Administration, investigation is glycine from India. For amended (19 U.S.C. 81a–81u), the Foreign- Department of Commerce. Trade Zones Board (the Board) adopts the a complete description of the scope of following Order: SUMMARY: The Department of Commerce this investigation, see Appendix I. (Commerce) preliminarily determines Whereas, the Foreign-Trade Zones that glycine from India is being, or is Scope Comments (FTZ) Act provides for ‘‘. . . the likely to be, sold in the United States at In accordance with the preamble to establishment . . . of foreign-trade less than fair value (LTFV) for the Commerce’s regulations,4 the Initiation zones in ports of entry of the United period of investigation (POI) January 1, Notice set aside a period of time for States, to expedite and encourage 2017, through December 31, 2017. parties to raise issues regarding product foreign commerce, and for other Interested parties are invited to coverage (i.e., scope).5 Certain interested purposes,’’ and authorizes the Foreign- comment on this preliminary parties commented on the scope of the Trade Zones Board to grant to qualified determination. investigation as it appeared in the corporations the privilege of DATES: Applicable October 31, 2018. Initiation Notice. For a summary of the establishing foreign-trade zones in or product coverage comments and FOR FURTHER INFORMATION CONTACT: Kent adjacent to U.S. Customs and Border rebuttal responses submitted to the Boydston or Edythe Artman, AD/CVD Protection ports of entry; record for this preliminary Operations, Office VI, Enforcement and Whereas, the Dallas/Fort Worth determination, and accompanying Compliance, International Trade International Airport Board, grantee of discussion and analysis of all comments Administration, U.S. Department of FTZ 39, has requested production timely received, see the Preliminary Commerce, 1401 Constitution Avenue authority on behalf of CSI Calendering, Scope Decision Memorandum.6 NW, Washington, DC 20230; telephone: Inc. for its facility located in Arlington, Commerce is not preliminarily (202) 482–5649 or (202) 482–3931, Texas (B–26–2014, docketed March 18, modifying the scope language as it respectively. 2014); appeared in the Initiation Notice. SUPPLEMENTARY INFORMATION: Whereas, notice inviting public Methodology comment has been given in the Federal Background Register (79 FR 16278–16279, March 25, Commerce is conducting this 2014; 79 FR 34285, June 16, 2014; 79 FR This preliminary determination is investigation in accordance with section 41959, July 18, 2014) and the made in accordance with section 733(b) 731 of the Act. Export price was application has been processed of the Tariff Act of 1930, as amended calculated in accordance with section pursuant to the FTZ Act and the Board’s (the Act). Commerce published the 772(a) of the Act. Normal value (NV) regulations; and, notice of initiation of this investigation was calculated in accordance with on April 25, 2018.1 On August 21, 2018, section 773 of the Act for Paras Whereas, the Board adopts the Commerce postponed the preliminary Intermediates Private Limited (Paras). findings and recommendations of the determination of this investigation and examiner’s report, and finds that the the revised deadline is now October 24, 3 See Memorandum, ‘‘Decision Memorandum for requirements of the FTZ Act and the 2018.2 For a complete description of the the Preliminary Determination in the Less-Than- Board’s regulations have not been events that followed the initiation of Fair-Value Investigation of Glycine from India’’ satisfied; dated concurrently with, and hereby adopted by, this investigation, see the Preliminary this notice (Preliminary Decision Memorandum). Now, therefore, the Board hereby does 4 See Antidumping Duties; Countervailing Duties, not approve the application requesting 1 See Glycine from India, Japan, and Thailand: Final Rule, 62 FR 27296, 27323 (May 19, 1997). production authority under zone Initiation of Less-Than-Fair-Value Investigations, 83 5 See Initiation Notice. procedures within FTZ 39 at the facility FR 17995 (April 25, 2018) (Initiation Notice). 6 See Memorandum, ‘‘Glycine from India, Japan, 2 See Glycine from India, Japan, and Thailand: the People’s Republic of China and Thailand: Scope of CSI Calendering, Inc., located in Postponement of Preliminary Determinations of Comments Decision Memorandum for the Arlington, Texas, as described in the Antidumping Duty Investigations, 83 FR 42259 Preliminary Determinations’’ (Preliminary Scope application and Federal Register notice. (August 21, 2018). Decision Memorandum), dated August 27, 2018.

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Furthermore, pursuant to section 776(a) merchandise, as described in Appendix Verification and (b) of the Act, Commerce has I, entered, or withdrawn from As provided in section 782(i) of the preliminarily relied upon facts warehouse, for consumption on or after Act, Commerce intends to verify the otherwise available, with adverse the date of publication of this notice in information relied upon in making its inferences for Kumar Industries, India the Federal Register. Further, pursuant final determination. Thus Commerce (Kumar). For a full description of the to section 733(d)(1)(B) of the Act and 19 intends to verify the information methodology underlying the CFR 351.205(d), Commerce will instruct provided by Paras. Furthermore, we are preliminary determination, see the CBP to require a cash deposit equal to affording Kumar an opportunity to Preliminary Decision Memorandum. the estimated weighted-average remedy deficiencies in its reporting for All-Others Rate dumping margin or the estimated all- this preliminary determination. In the others rate, adjusted for export event we find Kumar’s information to be Sections 733(d)(1)(ii) and 735(c)(5)(A) subsidies, as follows: (1) The cash satisfactory, then, as provided in section of the Act provide that in the deposit rate for the respondents listed 782(i) of the Act, we intend to verify preliminary determination Commerce above will be equal to the company- this information for our final shall determine an estimated all-others specific estimated weighted-average determination. rate for all exporters and producers not dumping margins, adjusted for export Public Comment individually examined. This rate shall subsidies, determined in this be an amount equal to the weighted preliminary determination; (2) if the Case briefs or other written comments average of the estimated weighted- exporter is not a respondent identified may be submitted to the Assistant average dumping margins established above, but the producer is, then the cash Secretary for Enforcement and for exporters and producers deposit rate will be equal to the Compliance no later than seven days individually investigated, excluding any company-specific estimated weighted- after the date on which the last zero and de minimis margins, and any average dumping margin, adjusted for verification report is issued in this margins determined entirely under export subsidies, established for that investigation. Rebuttal briefs, limited to section 776 of the Act. producer of the subject merchandise; issues raised in case briefs, may be In this investigation, Commerce and (3) the cash deposit rate for all other submitted no later than five days after preliminary assigned a rate based 9 producers and exporters will be equal to the deadline date for case briefs. entirely on adverse facts available to the all-others estimated weighted- Pursuant to 19 CFR 351.309(c)(2) and Kumar. Therefore, the only rate that is average dumping margin, adjusted for (d)(2), parties who submit case briefs or not zero, de minimis or based entirely export subsidies. rebuttal briefs in this investigation are on facts otherwise available is the rate encouraged to submit with each calculated for Paras. Consequently, the Commerce normally adjusts the argument: (1) A statement of the issue; rate calculated for Paras is also assigned estimated weighted-average dumping (2) a brief summary of the argument; as the rate for all-other producers and margin by the amount of export and (3) a table of authorities. exporters. subsidies countervailed in a companion Pursuant to 19 CFR 351.310(c), countervailing duty (CVD) proceeding, interested parties who wish to request a Preliminary Determination when CVD provisional measures are in hearing, limited to issues raised in the Commerce preliminarily determines effect. Accordingly, where Commerce case and rebuttal briefs, must submit a that the following estimated weighted- preliminarily made an affirmative written request to the Assistant average dumping margins exist: determination for countervailable export Secretary for Enforcement and subsidies, Commerce has offset the Compliance, U.S. Department of Cash estimated weighted-average dumping Commerce, within 30 days after the date Estimated deposit margin by the appropriate CVD rate. weighted- rate of publication of this notice. Requests average (adjusted Any such adjusted rates may be found should contain the party’s name, Exporter/producer dumping for in the ‘‘Preliminary Determination’’ address, and telephone number, the margin subsidy section above. number of participants, whether any (percent) offset(s)) (percent) Should provisional measures in the participant is a foreign national, and a companion CVD investigation expire list of the issues to be discussed. If a Kumar Industries, prior to the expiration of provisional request for a hearing is made, Commerce India ...... 7 80.49 77.87 measures in this LTFV investigation, intends to hold the hearing at the U.S. Paras Intermedi- Commerce will direct CBP to begin Department of Commerce, 1401 ates Private Lim- collecting estimated antidumping duty Constitution Avenue NW, Washington, ited ...... 8 10.86 8.24 DC 20230, at a time and date to be All-Others ...... 10.86 8.24 cash deposits unadjusted for countervailed export subsidies at the determined. Parties should confirm by time that the provisional CVD measures telephone the date, time, and location of Suspension of Liquidation expire. These suspension of liquidation the hearing two days before the In accordance with section 733(d)(2) instructions will remain in effect until scheduled date. of the Act, Commerce will direct U.S. further notice. Postponement of Final Determination Customs and Border Protection (CBP) to and Extension of Provisional Measures suspend liquidation of entries of subject Disclosure Section 735(a)(2) of the Act provides Commerce intends to disclose its 7 See ‘‘Less-Than-Fair-Value Investigation of that a final determination may be Glycine from India: Additional Analysis Regarding calculations and analysis performed to postponed until not later than 135 days Preliminary Determination to Apply Adverse Facts interested parties in this preliminary after the date of the publication of the Available to Kumar Industries, India’’ dated determination within five days of any preliminary determination if, in the concurrently with this memorandum. public announcement or, if there is no 8 See Analysis Memorandum for Paras, event of an affirmative preliminary ‘‘Preliminary Determination Margin Calculation for public announcement, within five days Paras Intermediates Private Limited,’’ dated of the date of publication of this notice 9 See 19 CFR 351.309; see also 19 CFR 351.303 concurrently with this memorandum. in accordance with 19 CFR 351.224(b). (for general filing requirements).

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determination, a request for such Dated: October 24, 2018. XV. Conclusion postponement is made by exporters who Gary Taverman, [FR Doc. 2018–23718 Filed 10–30–18; 8:45 am] account for a significant proportion of Deputy Assistant Secretary for Antidumping BILLING CODE 3510–DS–P exports of the subject merchandise, or in and Countervailing Duty Operations, the event of a negative preliminary performing the non-exclusive functions and determination, a request for such duties of the Assistant Secretary for DEPARTMENT OF COMMERCE postponement is made by the petitioner. Enforcement and Compliance. International Trade Administration Section 351.210(e)(2) of Commerce’s Appendix I regulations requires that a request by [A–351–825] exporters for postponement of the final Scope of the Investigation determination be accompanied by a The merchandise covered by this Stainless Steel Bar From Brazil: request for extension of provisional investigation is glycine at any purity level or Preliminary Results of Antidumping measures from a four-month period to a grade. This includes glycine of all purity Duty Administrative Review; 2017– period not more than six months in levels, which covers all forms of crude or 2018 duration. technical glycine including, but not limited to, sodium glycinate, glycine slurry and any AGENCY: Enforcement and Compliance, On September 19, 2018, pursuant to other forms of amino acetic acid or glycine. International Trade Administration, 19 CFR 351.210(e), Paras requested that Subject merchandise also includes glycine Department of Commerce. Commerce postpone the final and precursors of dried crystalline glycine SUMMARY: determination and that provisional that are processed in a third country, The Department of Commerce measures be extended to a period not to including, but not limited to, refining or any (Commerce) preliminarily finds that the exceed six months.10 On September 21, other processing that would not otherwise sole exporter subject to this 2018, Commerce received a like request remove the merchandise from the scope of administrative review has made sales of from Kumar.11 In accordance with this investigation if performed in the country subject merchandise at less than normal section 735(a)(2)(A) of the Act and 19 of manufacture of the in-scope glycine or value during the period of review (POR) precursors of dried crystalline glycine. February 1, 2017, through August 8, CFR 351.210(b)(2)(ii), because: (1) The Glycine has the Chemical Abstracts Service preliminary determination is 2017. We invite interested parties to (CAS) registry number of 56–40–6. Glycine comment on these preliminary results. affirmative; (2) the requesting exporters and glycine slurry are classified under DATES: account for a significant proportion of Harmonized Tariff Schedule of the United Applicable October 31, 2018. exports of the subject merchandise; and States (HTSUS) subheading 2922.49.43.00. FOR FURTHER INFORMATION CONTACT: (3) no compelling reasons for denial Sodium glycinate is classified in the HTSUS Hermes Pinilla, AD/CVD Operations, exist, Commerce is postponing the final under 2922.49.80.00. While the HTSUS Office I, Enforcement and Compliance, determination and extending the subheadings and CAS registry number are International Trade Administration, provisional measures from a four-month provided for convenience and customs U.S. Department of Commerce, 1401 period to a period not greater than six purposes, the written description of the Constitution Avenue NW, Washington, months. Accordingly, Commerce will scope of this investigation is dispositive. DC 20230; telephone: (202) 482–3477. make its final determination no later Appendix II SUPPLEMENTARY INFORMATION: than 135 days after the date of publication of this preliminary List of Topics Discussed in the Preliminary Background Decision Memorandum determination. This review covers one producer/ I. Summary exporter of the subject merchandise, International Trade Commission II. Background Villares Metals S.A. (Villares). When the Notification III. Period of Investigation review was initiated, the period of IV. Postponement of Final Determination and In accordance with section 733(f) of Extension of Provisional Measures review (POR) was February 1, 2017 the Act, Commerce will notify the V. Scope Comments through January 31, 2018. However, on International Trade Commission (ITC) of VI. Application of Facts Available and Use of October 3, 2018, as a result of a five-year its preliminary determination. If the Adverse Inference (sunset) review, Commerce revoked the final determination is affirmative, the A. Application of Facts Available antidumping duty order on imports of ITC will determine before the later of B. Use of Adverse Inference stainless steel bar (SSB) from Brazil, 120 days after the date of this C. Selection and Corroboration of the AFA effective August 9, 2017. As a result, the preliminary determination or 45 days Rate POR was revised to February 1, 2017, after the final determination whether VII. All-Others Rate through August 8, 2017.1 VIII. Discussion of the Methodology these imports are materially injuring, or A. Determination of the Comparison Scope of the Order threaten material injury to, the U.S. Method The merchandise subject to the order industry. B. Results of the Differential Pricing is SSB. The SSB subject to the order is Notification to Interested Parties Analysis IX. Date of Sale currently classifiable under subheadings This determination is issued and X. Product Comparisons 7222.10.00, 7222.11.00, 7222.19.00, published in accordance with sections XI. Export Price 7222.20.00, 7222.30.00 of the 733(f) and 777(i)(1) of the Act and 19 XII. Normal Value Harmonized Tariff Schedule of the CFR 351.205(c). A. Home Market Viability United States (HTSUS). While the B. Level of Trade HTSUS subheadings are provided for C. Cost of Production Analysis convenience and customs purposes, the 10 See Letter from Paras, ‘‘Glycine from India: 1. Calculation of COP written description is dispositive. A full Request for Postponement of Final Determination 2. Test of Comparison Market Sales Prices and Extension of Provisional Measures,’’ dated 3. Results of the COP Test September 19, 2018. 1 See Stainless Steel Bar from Brazil, India, Japan, 11 See Letter from Kumar, ‘‘Certain Glycine from D. Calculation of NV Based on Comparison and Spain: Continuation of Antidumping Duty India: Request for Postponement of Final Market Prices Order (India) and Revocation of Antidumping Duty Determination and Extension of Provisional XIII. Currency Conversion Orders (Brazil, Japan, and Spain), 83 FR 49910 Measures,’’ dated September 21, 2018. XIV. Verification (October 3, 2018) (Revocation Notice).

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description of the scope of the order is publication of this notice. Rebuttal zero or de minimis in the final results contained in the Preliminary Decision briefs, limited to issues raised in the of this review, we will instruct CBP not Memorandum.2 case briefs, may be filed not later than to assess duties on any of its entries in five days after the date for filing case accordance with the Final Modification Methodology briefs.4 Parties who submit case briefs or for Reviews.8 Commerce is conducting this review rebuttal briefs in this proceeding are For entries of subject merchandise in accordance with section 751(a)(2) of encouraged to submit with each during the POR produced by Villares for the Tariff Act of 1930, as amended (the argument: (1) A statement of the issue; which it did not know its merchandise Act). Constructed export price and (2) a brief summary of the argument; was destined for the United States, we export price were calculated in and (3) a table of authorities.5 will instruct CBP to liquidate accordance with section 772 of the Act. Pursuant to 19 CFR 351.310(c), unreviewed entries at the all-others rate Normal value was calculated in interested parties who wish to request a if there is no rate for the intermediate accordance with section 773 of the Act. hearing, or to participate if one is company or companies involved in the For a full description of the requested, must submit a written transaction. methodology underlying our request to the Assistant Secretary for We intend to issue instructions to conclusions, see Preliminary Decision Enforcement and Compliance. All CBP 15 days after publication of the Memorandum. The Preliminary documents must be filed electronically final results of this review. Decision Memorandum is a public using ACCESS, which is available to document and is made available to the registered users at http:// Cash Deposit Requirements public via Enforcement and access.trade.gov. An electronically filed In the Revocation Notice, Commerce Compliance’s Antidumping and request must be received successfully in stated that it intends to issue Countervailing Duty Centralized its entirety by ACCESS by 5:00 p.m. instructions to CBP to terminate the Electronic Service System (ACCESS). Eastern Time, within 30 days after the suspension of liquidation and to ACCESS is available to registered users date of publication of this notice.6 discontinue the collection of cash at http://access.trade.gov and to all Requests should contain: (1) The party’s deposits on entries of subject parties in Commerce’s Central Records name, address and telephone number; merchandise, entered or withdrawn Unit, located at Room B8024 of the main (2) the number of participants; and (3) from warehouse, on or after August 9, Department of Commerce building. In a list of issues to be discussed. Issues 2017.9 Furthermore, because the addition, a complete version of the raised in the hearing will be limited to antidumping duty order on SSB from Preliminary Decision Memorandum can those raised in the respective case Brazil has been revoked as a result of be found at http:// briefs. the Revocation Notice, Commerce will enforcement.trade.gov/frn/index.html. Commerce intends to issue the final not issue cash deposit instructions at A list of the topics discussed in the results of this administrative review, the conclusion of this administrative Preliminary Decision Memorandum is including the results of its analysis of review. attached at the Appendix to this notice. the issues raised in any written briefs, not later than 120 days after the date of Notification to Importers Preliminary Results of Review publication of this notice, unless This notice serves as a preliminary As a result of this review, we extended, pursuant to section reminder to importers of their preliminarily determine that the 751(a)(3)(A) of the Act and 19 CFR responsibility under 19 CFR following weighted-average dumping 351.213(h)(1) and (2). 351.402(f)(2) to file a certificate margin exists for Villares for the period Assessment Rates regarding the reimbursement of February 1, 2017, through August 8, antidumping duties prior to liquidation 2017. Upon issuance of the final results, of the relevant entries during this period Commerce shall determine and U.S. of review. Failure to comply with this Weighted- Customs and Border Protection (CBP) requirement could result in the average shall assess antidumping duties on all Producer/exporter dumping Secretary’s presumption that margin appropriate entries covered by this reimbursement of antidumping duties (percent) revised POR. If Villares’ weighted- occurred and the subsequent assessment average dumping margin continues to be of double antidumping duties. Villares Metals S.A ...... 1.67 above de minimis in the final results of We are issuing and publishing these this review, we will calculate importer- results in accordance with sections Disclosure specific assessment rates based on the 751(a)(1) and 777(i)(1) of the Act and 19 We intend to disclose the calculations ratio of the total amount of antidumping CFR 351.213(h)(1) and 351.221(b)(4). performed to parties in this proceeding duties calculated for each importers’ examined sales and the total entered Dated: October 25, 2018. within five days after public Gary Taverman, announcement of the preliminary value of the sales in accordance with 19 7 Deputy Assistant Secretary for Antidumping results.3 CFR 351.212(b)(1). If Villares’ weighted-average dumping margin is and Countervailing Duty Operations, Public Comment performing the non-exclusive functions and duties of the Assistant Secretary for 4 See 19 CFR 351.309(d). Pursuant to 19 CFR 351.309(c), Enforcement and Compliance. interested parties may submit case briefs 5 See 19 CFR 351.303 (for general filing requirements). Appendix not later than 30 days after the date of 6 See 19 CFR 351.310(c). 7 In these preliminary results, Commerce applied List of Topics Discussed in the Preliminary 2 See the Memorandum, ‘‘Stainless Steel Bar from the assessment rate calculation method adopted in Decision Memorandum Brazil: Decision Memorandum for Preliminary Antidumping Proceedings: Calculation of the I. Summary Results of Antidumping Duty Administrative Weighted-Average Dumping Margin and Review; 2017–2018,’’ dated concurrently with, and Assessment Rate in Certain Antidumping Duty hereby adopted by this notice (Preliminary Decision Proceedings; Final Modification, 77 FR 8101 8 See Final Modification for Reviews, 77 FR at Memorandum). (February 14, 2012) (Final Modification for 8102. 3 See 19 CFR 351.224(b). Reviews). 9 See Revocation Notice, 83 FR 49911.

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II. Background notice of initiation of this investigation Commerce is not preliminarily III. Period of Review on April 25, 2018.1 On August 21, 2018, modifying the scope language as it IV. Scope of the Order Commerce postponed the preliminary appeared in the Initiation Notice. V. Discussion of the Methodology determination of this investigation to (1) Comparisons to Normal Value Methodology October 24, 2018.2 For a complete A. Determination of Comparison Method Commerce is conducting this B. Results of the Differential Pricing description of the events that followed Analysis the initiation of this investigation, see investigation in accordance with section (2) Product Comparisons the Preliminary Decision 731 of the Act. Constructed export price (3) Date of Sale Memorandum.3 A list of topics included was calculated in accordance with (4) Level of Trade/CEP Offset in the Preliminary Decision section 772(b) of the Act. Normal value (5) Export Price and Constructed Export Memorandum is included as Appendix was calculated in accordance with Price II to this notice. The Preliminary section 773 of the Act. For a full (6) Normal Value Decision Memorandum is a public description of the methodology A. Home Market Viability and Comparison document and is on file electronically underlying the preliminary Market determination, see the Preliminary B. Cost of Production via Enforcement and Compliance’s 1. Calculation of Cost of Production Antidumping and Countervailing Duty Decision Memorandum. 2. Test of Comparison Market Sales Prices Centralized Electronic Service System Preliminary Negative Determination of 3. Results of the COP Test (ACCESS). ACCESS is available to Critical Circumstances C. Calculation of Normal Value Based on registered users at https:// Comparison Market Prices access.trade.gov, and it is available to In accordance with section 733(e) of VI. Currency Conversion all parties in the Central Records Unit, the Act and 19 CFR 351.206, we VII. Recommendation Room B8024 of the main Department of preliminarily determine that critical [FR Doc. 2018–23792 Filed 10–30–18; 8:45 am] Commerce building. In addition, a circumstances do not exist with regard BILLING CODE 3510–DS–P complete version of the Preliminary to imports of glycine from Thailand. For Decision Memorandum can be accessed a full discussion, see the Preliminary directly at http://enforcement.trade.gov/ Decision Memorandum. DEPARTMENT OF COMMERCE frn/. The signed and the electronic Preliminary Determination versions of the Preliminary Decision International Trade Administration For this preliminary determination, Memorandum are identical in content. Commerce calculated a zero estimated [A–549–837] Scope of the Investigation weighted-average dumping margin for Glycine From Thailand: Preliminary Newtrend Food Ingredient (Thailand) The product covered by this Co., Ltd. (Newtrend), the only Determination of Sales at Not Less investigation is glycine from Thailand. Than Fair Value, Preliminary Negative mandatory respondent in this For a complete description of the scope investigation. Determination of Critical of this investigation, see Appendix I. Circumstances, Postponement of Final Scope Comments Estimated Determination weighted- average AGENCY: Enforcement and Compliance, In accordance with the preamble to Exporter or producer 4 dumping International Trade Administration, Commerce’s regulations, the Initiation margin Department of Commerce. Notice set aside a period of time for (percent) SUMMARY: The Department of Commerce parties to raise issues regarding product coverage (i.e., scope).5 Certain interested Newtrend Food Ingredient (Thai- (Commerce) preliminarily determines land) Co., Ltd ...... 0.00 that glycine from Thailand is not being, parties commented on the scope of the or is not likely to be, sold in the United investigation as it appeared in the Initiation Notice. For a summary of the Consistent with section 733(d) of the States at less than fair value (LTFV) for Act, Commerce has not calculated an the period of investigation (POI) January product coverage comments and rebuttal responses submitted to the estimated weighted-average dumping 1, 2017, through December 31, 2017. margin for all-other producers and Interested parties are invited to record for this preliminary determination, and accompanying exporters because it has not made an comment on this preliminary affirmative preliminary determination of determination. discussion and analysis of all comments timely received, see the Preliminary sales at LTFV. DATES: Applicable October 31, 2018. Scope Decision Memorandum.6 Suspension of Liquidation FOR FURTHER INFORMATION CONTACT: Because Commerce has made a Brian Smith or Jesus Saenz, AD/CVD 1 See Glycine from India, Japan, and Thailand: Operations, Office VIII, Enforcement Initiation of Less-Than-Fair-Value Investigations, 83 negative preliminary determination of and Compliance, International Trade FR 17995 (April 25, 2018) (Initiation Notice). sales at LTFV with regard to subject 2 Administration, U.S. Department of See Glycine from India, Japan, and Thailand: merchandise, U.S. Customs and Border Postponement of Preliminary Determinations of Commerce, 1401 Constitution Avenue Protection will not be directed to Antidumping Duty Investigations, 83 FR 42259 suspend liquidation on entries of NW, Washington, DC 20230; telephone: (August 21, 2018). (202) 482–1766 or (202) 482–8184, 3 See Memorandum, ‘‘Decision Memorandum for glycine from Thailand. respectively. the Preliminary Determination in the Less-Than- Fair-Value Investigation of Glycine from Thailand’’ Disclosure SUPPLEMENTARY INFORMATION: dated concurrently with, and hereby adopted by, Commerce intends to disclose its this notice (Preliminary Decision Memorandum). calculations and analysis to interested Background 4 See Antidumping Duties; Countervailing Duties, parties in this preliminary This preliminary determination is Final Rule, 62 FR 27296, 27323 (May 19, 1997). 5 See Initiation Notice. determination within five days of any made in accordance with section 733(b) 6 See Memorandum, ‘‘Glycine from India, Japan, of the Tariff Act of 1930, as amended the People’s Republic of China and Thailand: Scope Preliminary Determinations’’ (Preliminary Scope (the Act). Commerce published the Comments Decision Memorandum for the Decision Memorandum), dated August 27, 2018.

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public announcement or, if there is no petitioners requested that Commerce provided for convenience and customs public announcement, within five days postpone the final determination.9 In purposes, the written description of the of the date of publication of this notice accordance with section 735(a)(2)(B) of scope of this investigation is dispositive. in accordance with 19 CFR 351.224(b). the Act, because the preliminary Appendix II determination is negative, and the Verification petitioners have requested the List of Topics Discussed in the Preliminary Decision Memorandum As provided in section 782(i)(1) of the postponement of the final Act, Commerce intends to verify the determination, Commerce is postponing I. Summary information relied upon in making its the final determination. Accordingly, II. Background final determination. III. Period of Investigation Commerce will make its final IV. Postponement of Final Determination Public Comment determination by no later than 135 days V. Scope Comments after the date of publication of this Case briefs or other written comments VI. Discussion of the Methodology preliminary determination, pursuant to A. Determination of the Comparison may be submitted to the Assistant section 735(a)(2) of the Act. Method Secretary for Enforcement and B. Results of the Differential Pricing Compliance no later than seven days International Trade Commission Analysis after the date on which the last Notification VII. Date of Sale verification report is issued in this In accordance with section 733(f) of VIII. Product Comparisons investigation, unless otherwise the Act, Commerce will notify the IX. Constructed Export Price indicated. Rebuttal briefs, limited to International Trade Commission (ITC) of X. Normal Value issues raised in case briefs, may be A. Particular Market Situation its preliminary determination. If the B. Home Market Viability submitted no later than five days after final determination is affirmative, the the deadline date for case briefs.7 C. Level of Trade ITC will determine 75 days after the D. Cost of Production (COP) Analysis Pursuant to 19 CFR 351.309(c)(2) and final determination whether these 1. Calculation of COP (d)(2), parties who submit case briefs or imports are materially injuring, or 2. Test of Comparison Market Sales Prices rebuttal briefs in this investigation are threaten material injury to, the U.S. 3. Results of the COP Test encouraged to submit with each industry. E. Calculation of NV Based on Comparison argument: (1) A statement of the issue; Market Prices (2) a brief summary of the argument; Notification to Interested Parties XI. Currency Conversion and (3) a table of authorities. This determination is issued and XII. Preliminary Negative Determination of Pursuant to 19 CFR 351.310(c), published in accordance with sections Critical Circumstances XIII. Conclusion interested parties who wish to request a 733(f) and 777(i)(1) of the Act and 19 hearing, limited to issues raised in the CFR 351.205(c). [FR Doc. 2018–23719 Filed 10–30–18; 8:45 am] case and rebuttal briefs, must submit a BILLING CODE 3510–DS–P written request to the Assistant Dated: October 24, 2018. Secretary for Enforcement and Gary Taverman, Compliance, U.S. Department of Deputy Assistant Secretary for Antidumping DEPARTMENT OF COMMERCE Commerce, within 30 days after the date and Countervailing Duty Operations, of publication of this notice. Requests performing the non-exclusive functions and International Trade Administration duties of the Assistant Secretary for should contain the party’s name, Enforcement and Compliance. [A–588–878] address, and telephone number, the number of participants, whether any Appendix I Glycine From Japan: Preliminary participant is a foreign national, and a Scope of the Investigation Determination of Sales at Less Than list of the issues to be discussed. If a Fair Value and Postponement of Final The merchandise covered by this request for a hearing is made, Commerce investigation is glycine at any purity level or Determination intends to hold the hearing at the U.S. grade. This includes glycine of all purity AGENCY: Enforcement and Compliance, Department of Commerce, 1401 levels, which covers all forms of crude or Constitution Avenue NW, Washington, technical glycine including, but not limited International Trade Administration, DC 20230, at a time and date to be to, sodium glycinate, glycine slurry and any Department of Commerce. determined. Parties should confirm by other forms of amino acetic acid or glycine. SUMMARY: The Department of Commerce telephone the date, time, and location of Subject merchandise also includes glycine (Commerce) preliminarily determines the hearing two days before the and precursors of dried crystalline glycine that glycine from Japan is being, or is that are processed in a third country, scheduled date. likely to be, sold in the United States at including, but not limited to, refining or any less than fair value (LTFV). The period other processing that would not otherwise Postponement of Final Determination of investigation (POI) is January 1, 2017, for Negative Preliminary Determination remove the merchandise from the scope of this investigation if performed in the country through December 31, 2017. Interested Section 735(a)(2)(B) of the Act of manufacture of the in-scope glycine or parties are invited to comment on this provides that a final determination may precursors of dried crystalline glycine. preliminary determination. be postponed until not later than 135 Glycine has the Chemical Abstracts Service DATES: Applicable October 31, 2018. (CAS) registry number of 56–40–6. Glycine days after the date of the publication of FOR FURTHER INFORMATION CONTACT: the preliminary determination if, in the and glycine slurry are classified under Harmonized Tariff Schedule of the United Madeline Heeren or John McGowan, event of a negative preliminary States (HTSUS) subheading 2922.49.43.00. AD/CVD Operations, Office VI, determination, a request for such Sodium glycinate is classified in the HTSUS Enforcement and Compliance, postponement is made by the under 2922.49.80.00. While the HTSUS International Trade Administration, 8 petitioners. On September 14, 2018, the subheadings and CAS registry number are U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 7 See 19 CFR 351.309; see also 19 CFR 351.303 9 See Letter from the petitioners, ‘‘Glycine from DC 20230; telephone: (202) 482–9179 or (for general filing requirements). Thailand, Japan, and India: Request to Extend the 8 The petitioners are GEO Specialty Chemicals, Final Determinations in Glycine from Thailand, (202) 482–3019, respectively. Inc. and Chattem Chemicals, Inc. Japan and India,’’ dated September 14, 2018. SUPPLEMENTARY INFORMATION:

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Background timely received, see the Preliminary Estimated 6 This preliminary determination is Scope Decision Memorandum. weighted- Commerce is not preliminarily average made in accordance with section 733(b) Exporter/producer dumping of the Tariff Act of 1930, as amended modifying the scope language as it margin (the Act). Commerce published the appeared in the Initiation Notice. (percent) notice of initiation of this investigation Methodology 8 on April 25, 2018.1 On August 21, 2018, Yuki Gosei Kogyo Co., Ltd ...... 53.66 Commerce is conducting this Showa Denko K.K ...... 86.22 Commerce postponed the preliminary All-Others ...... 53.66 determination of this investigation and investigation in accordance with section the revised deadline is now October 24, 731 of the Act. Export price was Suspension of Liquidation 2018.2 For a complete description of the calculated in accordance with section events that followed the initiation of 772(a) of the Act. Normal value (NV) In accordance with section 733(d)(2) this investigation, see the Preliminary was calculated in accordance with of the Act, Commerce will direct U.S. Decision Memorandum.3 A list of topics section 773 of the Act for Yuki Gosei Customs and Border Protection (CBP) to included in the Preliminary Decision Kogyo Co., Ltd. (Yuki Gosei). suspend liquidation of entries of subject Memorandum is included as Appendix Furthermore, pursuant to section 776(a) merchandise, as described in Appendix II to this notice. The Preliminary and (b) of the Act, Commerce has I, entered, or withdrawn from Decision Memorandum is a public preliminarily relied upon facts warehouse, for consumption on or after document and is on file electronically otherwise available, with adverse the date of publication of this notice in via Enforcement and Compliance’s inferences for Showa Denko K.K. the Federal Register. Further, pursuant Antidumping and Countervailing Duty (Showa Denko). For a full description of to section 733(d)(1)(B) of the Act and 19 Centralized Electronic Service System the methodology underlying the CFR 351.205(d), Commerce will instruct (ACCESS). ACCESS is available to preliminary determination, see the CBP to require a cash deposit equal to registered users at https:// Preliminary Decision Memorandum. the estimated weighted-average access.trade.gov, and to all parties in the All-Others Rate dumping margin or the estimated all- Central Records Unit, room B8024 of the others rate, as follows: (1) The cash main Department of Commerce Sections 733(d)(1)(ii) and 735(c)(5)(A) deposit rate for the respondents listed building. In addition, a complete of the Act provide that in the above will be equal to the company- version of the Preliminary Decision preliminary determination Commerce specific estimated weighted-average Memorandum can be accessed directly shall determine an estimated all-others dumping margins determined in this at http://enforcement.trade.gov/frn/. rate for all exporters and producers not preliminary determination; (2) if the The signed and the electronic versions individually examined. This rate shall exporter is not a respondent identified of the Preliminary Decision be an amount equal to the weighted above, but the producer is, then the cash Memorandum are identical in content. average of the estimated weighted- deposit rate will be equal to the average dumping margins established Scope of the Investigation company-specific estimated weighted- for exporters and producers average dumping margin established for The product covered by this individually investigated, excluding any that producer of the subject investigation is glycine from Japan. For zero and de minimis margins, and any merchandise; and (3) the cash deposit a complete description of the scope of margins determined entirely under rate for all other producers and this investigation, see Appendix I. section 776 of the Act. exporters will be equal to the all-others Scope Comments In this investigation, Commerce estimated weighted-average dumping preliminarily assigned a rate based margin. In accordance with the preamble to entirely on adverse facts available to Commerce’s regulations,4 the Initiation Disclosure Showa Denko. We did not calculate a Notice set aside a period of time for company-specific rate for Nagase & Co., Commerce intends to disclose its parties to raise issues regarding product Ltd. (Nagase).7 The cash deposit rate calculations and analysis performed to coverage (i.e., scope).5 Certain interested requirements for Nagase will be interested parties in this preliminary parties commented on the scope of the determined consistent with the determination within five days of any investigation as it appeared in the Suspension of Liquidation section of public announcement or, if there is no Initiation Notice. For a summary of the this notice. Therefore, the only rate that public announcement, within five days product coverage comments and is not zero, de minimis or based entirely of the date of publication of this notice rebuttal responses submitted to the on facts otherwise available is the rate in accordance with 19 CFR 351.224(b). record for this preliminary calculated for Yuki Gosei. determination, and accompanying Verification Consequently, the rate calculated for discussion and analysis of all comments Yuki Gosei is also assigned as the rate As provided in section 782(i)(1) of the for all-other producers and exporters. Act, Commerce intends to verify the 1 See Glycine from India, Japan, and Thailand: information relied upon in making its Initiation of Less-Than-Fair-Value Investigations, 83 Preliminary Determination final determination. FR 17995 (April 25, 2018) (Initiation Notice). 2 See Glycine from India, Japan, and Thailand: Commerce preliminarily determines Public Comment Postponement of Preliminary Determinations of that the following estimated weighted- Antidumping Duty Investigations, 83 FR 42259 Case briefs or other written comments (August 21, 2018). average dumping margins exist: may be submitted to the Assistant 3 See Memorandum, ‘‘Decision Memorandum for Secretary for Enforcement and the Preliminary Determination in the Less-Than- 6 See Memorandum, ‘‘Glycine from India, Japan, Compliance no later than seven days Fair-Value Investigation of Glycine from Japan’’ the People’s Republic of China and Thailand: Scope dated concurrently with, and hereby adopted by, Comments Decision Memorandum for the after the date on which the last this notice (Preliminary Decision Memorandum). Preliminary Determination,’’ dated August 27, 2018 4 See Antidumping Duties; Countervailing Duties, (Preliminary Scope Decision Memorandum). 8 See Memorandum, ‘‘Preliminary Determination Final Rule, 62 FR 27296, 27323 (May 19, 1997). 7 See Preliminary Decision Memorandum at 4–5, Margin Calculation for Yuki Gosei Kogyo Co., Ltd.’’ 5 See Initiation Notice, 83 FR at 17996. and 13–14. dated concurrently with this memorandum.

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verification report is issued in this to a period not to exceed six months.10 (CAS) registry number of 56–40–6. Glycine investigation. Rebuttal briefs, limited to In accordance with section 735(a)(2)(A) and glycine slurry are classified under issues raised in case briefs, may be of the Act and 19 CFR 351.210(b)(2)(ii), Harmonized Tariff Schedule of the United submitted no later than five days after because: (1) The preliminary States (HTSUS) subheading 2922.49.43.00. 9 Sodium glycinate is classified in the HTSUS the deadline date for case briefs. determination is affirmative; (2) the under 2922.49.80.00. While the HTSUS Pursuant to 19 CFR 351.309(c)(2) and requesting exporters account for a subheadings and CAS registry number are (d)(2), parties who submit case briefs or significant proportion of exports of the provided for convenience and customs rebuttal briefs in this investigation are subject merchandise; and (3) no purposes, the written description of the encouraged to submit with each compelling reasons for denial exist, scope of this investigation is dispositive. Commerce is postponing the final argument: (1) A statement of the issue; Appendix II (2) a brief summary of the argument; determination and extending the and (3) a table of authorities. provisional measures from a four-month List of Topics Discussed in the Preliminary Decision Memorandum Pursuant to 19 CFR 351.310(c), period to a period not greater than six interested parties who wish to request a months. Accordingly, Commerce will I. Summary II. Background hearing, limited to issues raised in the make its final determination no later than 135 days after the date of III. Period of Investigation case and rebuttal briefs, must submit a publication of this preliminary IV. Postponement of Final Determination and written request to the Assistant determination. Extension of Provisional Measures Secretary for Enforcement and V. Scope Comments Compliance, U.S. Department of International Trade Commission VI. Application of Facts Available and Use of Commerce, within 30 days after the date Notification Adverse Inference VII. All-Others Rate of publication of this notice. Requests In accordance with section 733(f) of should contain the party’s name, VIII. Discussion of the Methodology the Act, Commerce will notify the A. Determination of Comparison Method address, and telephone number, the International Trade Commission (ITC) of B. Results of the Differential Pricing number of participants, whether any its preliminary determination. If the Analysis participant is a foreign national, and a final determination is affirmative, the IX. Date of Sale list of the issues to be discussed. If a ITC will determine before the later of X. Product Comparisons request for a hearing is made, Commerce 120 days after the date of this XI. Export Price intends to hold the hearing at the U.S. preliminary determination or 45 days XII. Normal Value A. Home Market Viability Department of Commerce, 1401 after the final determination whether Constitution Avenue NW, Washington, B. Level of Trade these imports are materially injuring, or C. Cost of Production (COP) Analysis DC 20230, at a time and date to be threaten material injury to, the U.S. 1. Calculation of COP determined. Parties should confirm by industry. 2. Test of Comparison Market Sales Prices telephone the date, time, and location of 3. Results of the COP Test the hearing two days before the Notification to Interested Parties D. Calculation of NV Based on Comparison scheduled date. This determination is issued and Market Prices published in accordance with sections XIII. Currency Conversion Postponement of Final Determination 733(f) and 777(i)(1) of the Act and 19 XIV. Conclusion and Extension of Provisional Measures CFR 351.205(c). [FR Doc. 2018–23720 Filed 10–30–18; 8:45 am] Section 735(a)(2) of the Act provides Dated: October 24, 2018. BILLING CODE 3510–DS–P that a final determination may be Gary Taverman, postponed until not later than 135 days Deputy Assistant Secretary for Antidumping DEPARTMENT OF COMMERCE after the date of the publication of the and Countervailing Duty Operations, preliminary determination if, in the performing the non-exclusive functions and National Oceanic and Atmospheric duties of the Assistant Secretary for event of an affirmative preliminary Administration determination, a request for such Enforcement and Compliance. postponement is made by exporters who Appendix I RIN 0648–XG423 account for a significant proportion of exports of the subject merchandise, or in Scope of the Investigation Endangered and Threatened Species: the event of a negative preliminary The merchandise covered by this Take of Anadromous Fish determination, a request for such investigation is glycine at any purity level or grade. This includes glycine of all purity AGENCY: National Marine Fisheries postponement is made by the petitioner. levels, which covers all forms of crude or Service (NMFS), National Oceanic and Section 351.210(e)(2) of Commerce’s technical glycine including, but not limited Atmospheric Administration (NOAA), regulations requires that a request by to, sodium glycinate, glycine slurry and any Commerce. exporters for postponement of the final other forms of amino acetic acid or glycine. ACTION: Notice. determination be accompanied by a Subject merchandise also includes glycine and precursors of dried crystalline glycine request for extension of provisional SUMMARY: that are processed in a third country, NMFS has received an measures from a four-month period to a application for a new Enhancement of period not more than six months in including, but not limited to, refining or any other processing that would not otherwise Survival Permit and a request for entry duration. remove the merchandise from the scope of into an associated proposed Safe Harbor On September 18, 2018, pursuant to this investigation if performed in the country Agreement (Agreement) between the 19 CFR 351.210(e), Yuki Gosei and of manufacture of the in-scope glycine or applicant and NMFS. The proposed Nagase requested that Commerce precursors of dried crystalline glycine. Enhancement of Survival Permit and postpone the final determination and Glycine has the Chemical Abstracts Service Agreement are intended to promote the that provisional measures be extended survival and recovery of Central 10 See Letter from Yuki Gosei and Nagase, ‘‘Glycine from Japan: Request to Postpone the Due California Coast (CCC) Coho Salmon 9 See 19 CFR 351.309; see also 19 CFR 351.303 Date for the Final Determination,’’ dated September (Oncorhynchus kisutch) and CCC (for general filing requirements). 18, 2018. Steelhead (O. mykiss) listed as

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endangered and threatened, recovery of endangered CCC Coho Applications Received respectively, under the Endangered Salmon and threatened CCC Steelhead. Permit 22362 Species Act (ESA). Information NMFS received as a part of the application is Authority E. & J. Gallo Winery, (Applicant) is requesting that NMFS issue it an available upon request by contacting the Enhancement of Survival Permits are NMFS West Coast Region (WCR) at its Enhancement of Survival Permit and issued in accordance with section approve an associated proposed California Coastal Office in Santa Rosa, 10(a)(1)(A) of the ESA (16 U.S.C. 1531 FOR FURTHER INFORMATION Agreement that it developed with California (see et seq.) and regulations governing ESA- CONTACT). NMFS. The Enhancement of Survival listed fish and wildlife permits (50 CFR Permit will facilitate implementation of DATES: Comments or requests for a parts 222–227). NMFS issues permits the Agreement that is expected to public hearing on the action proposed based on findings that such permits: (1) promote the recovery of CCC Coho in the application or related matters Were applied for in good faith; (2) if Salmon and CCC Steelhead on non- must be received at the appropriate granted and exercised would not Federal property within Porter Creek on address or fax number (see ADDRESSES) operate to the disadvantage of the listed the Applicant’s MacMurray Ranch. no later than 5 p.m. Pacific standard species that are the subject of the Porter Creek is a tributary to the Russian time on November 30, 2018. permit; and (3) are consistent with the River in Sonoma County, California. ADDRESSES: You may submit comments purposes and policy set forth in section The proposed duration of the on this document and requests for a 2 of the ESA. The authority to take ESA- Agreement and the associated public hearing by any of the following listed species is subject to conditions set Enhancement of Survival Permit is three methods. Please identify comments as forth in the permits. years. The proposed Enhancement of relating to the ‘‘MacMurray Ranch Safe Under a Safe Harbor Agreement, Survival Permit would authorize the Harbor Agreement.’’ participating landowners voluntarily incidental taking of CCC Coho Salmon Electronic Submissions: Submit all undertake management activities on and CCC Steelhead that may be electronic comments via the Federal associated with covered activities their property to enhance, restore, or Rulemaking Portal. Go to http:// including beneficial management maintain habitat benefiting species www.regulations.gov/, click the activities (i.e., reservoir releases) and listed under the ESA (16 U.S.C. 1531 et ‘‘Comment Now!’’ icon, complete the the return of the enrolled property to required fields, and enter, or attach your seq.). Safe Harbor Agreements, and the baseline conditions at the end of the comments. subsequent Enhancement of Survival Agreement, as defined in the Mail, Email, Fax: Submit written Permits that are issued pursuant to Agreement. The Agreement specifies the comments and requests for a public section 10(a)(1)(A) of the ESA, beneficial management activities to be hearing to California Coastal Office, encourage private and other non-Federal carried out on the enrolled property and NMFS WCR, 777 Sonoma Avenue, property owners to implement the schedule for implementing those Room 325, Santa Rosa, CA 95404. conservation efforts for listed species by activities. Comments and requests may also be assuring property owners that they will The Agreement requires that the submitted via fax to 707–578–3435 or by not be subjected to increased property- Applicant maintain baseline condition email to WCRMacMurraySHA. use restrictions as a result of their efforts for the covered species habitat on the [email protected]. to attract listed species to their property enrolled property. NMFS has reviewed Instructions: Comments sent by any and increase the numbers or the baseline condition for the enrolled other methods, to any other address or distribution of these species already on property as it is defined in the individual, or received after the end of their property. Application Agreement. The Agreement also the comment period, may not be requirements and issuance criteria for contains a monitoring component that considered by NMFS. All comments Enhancement of Survival Permits requires the Applicant to ensure received are part of the public record through Safe Harbor Agreements are compliance with the terms and and will generally be posted for public found in 50 CFR 222.308(b), 222.308(c), conditions of the Agreement, and that viewing on http://www.regulations.gov and the Announcement of Final Safe the baseline levels of habitat for the without change. All personally Harbor Policy published on June 17, covered species occurs on the enrolled identifying information (e.g., name, 1999 (64 FR 32717). These permits property. Results of the monitoring address, etc.), confidential business allow any necessary future incidental efforts will be provided to NMFS by the information, or otherwise sensitive take of covered species above the Applicant in an annual report for the information submitted voluntarily by mutually agreed-upon baseline duration of the three-year permit term. the sender will be publicly accessible. conditions for those species in Upon all parties’ execution of this NMFS will accept anonymous accordance with the terms and Agreement, and consistent with the comments (enter ‘‘N/A’’ in the required conditions of the permits and NMFS’ Safe Harbor Policy (64 FR fields if you wish to remain accompanying agreements. 32717), NMFS will issue an anonymous). Enhancement of Survival Permit to the An interested party may submit data, Applicant. The Enhancement of FOR FURTHER INFORMATION CONTACT: Dan views, arguments, or a request for a Survival Permit will authorize the Wilson, Santa Rosa, CA, Telephone: hearing with respect to the action Applicant to take CCC Coho Salmon and 707–578–8555, Fax: 707–578–3435, proposed in the application or related CCC Steelhead incidental to the email: WCRMacMurrrayRanchSHA. matters. Anyone requesting a hearing on implementation of the covered activities [email protected]. a matter pursuant to this notice should specified in the Agreement, incidental SUPPLEMENTARY INFORMATION: set out the specific reasons why a to other lawful uses of the enrolled hearing on that matter would be property, and to return to baseline Species Covered in This Notice appropriate (see ADDRESSES). Such conditions if desired at the end of the The proposed Enhancement of hearings are held at the discretion of the Agreement. In addition to meeting other Survival Permit and Agreement are Assistant Administrator for Fisheries, criteria, actions to be performed under intended to promote the survival and NMFS. the Enhancement of Survival Permit

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must not jeopardize the existence of reef ecosystem regulatory area, to obtain Burden Hours: 27,238. Federally listed species. and carry a permit. A receiving vessel Needs and Uses: The National This notice is provided pursuant to owner must also have a transshipment Oceanic and Atmospheric section 10(c) of the ESA. NMFS will permit for at-sea transshipment of coral Administration (NOAA), National evaluate the application, associated reef ecosystem management unit Marine Fisheries Service (NMFS) documents, and comments submitted to species. The permit application form deploys fishery observers on United determine whether the application provides basic information about the States (U.S.) commercial fishing vessels meets the applicable requirements of permit applicant, vessel, fishing gear and to fish processing plants in order to section 10(a) of the ESA and Federal and method, target species, projected collect biological and economic data. regulations. NMFS’ decision on whether fishing effort, etc., for use by NMFS and NMFS has at least one observer program to issue the permit will not be made the Western Pacific Fishery in each of its five Regions. These until after the end of the 30-day Management Council in determining observer programs provide the most comment period. eligibility for permit issuance. The reliable and effective method for NMFS will publish notice of its final information is important for obtaining information that is critical for action in the Federal Register. understanding the nature of the fishery the conservation and management of living marine resources. Observer Dated: October 26, 2018. and provides a link to participants. It programs primarily obtain information Angela Somma, also aids in the enforcement of Fishery Ecosystem Plan measures. through direct observations by Chief, Endangered Species Division, Office Affected Public: Business or other for- employees or agents of NMFS; and such of Protected Resources, National Marine observations are not subject to the Fisheries Service. profit organizations and individuals or Paperwork Reduction Act (PRA). [FR Doc. 2018–23812 Filed 10–30–18; 8:45 am] households. Frequency: Annually. However, observer programs also collect BILLING CODE 3510–22–P Respondent’s Obligation: Mandatory. the following information that requires This information collection request clearance under the PRA: (1) Standardized questions of fishing vessel DEPARTMENT OF COMMERCE may be viewed at reginfo.gov. Follow the instructions to view Department of captains/crew or fish processing plant National Oceanic and Atmospheric Commerce collections currently under managers/staff, which include gear and Administration review by OMB. performance questions, safety questions, Written comments and and trip costs, crew size and other Submission for OMB Review; recommendations for the proposed economic questions; (2) questions asked Comment Request information collection should be sent by observer program staff/contractors to within 30 days of publication of this plan observer deployments; (3) forms The Department of Commerce will notice to OIRA_Submission@ that are completed by observers and that submit to the Office of Management and omb.eop.gov or fax to (202) 395–5806. fishing vessel captains are asked to Budget (OMB) for clearance the review and sign; (4) questionnaires to Dated: October 25, 2018. following proposal for collection of evaluate observer performance; and (5) information under the provisions of the Sarah Brabson, a form to certify that a fisherman is the Paperwork Reduction Act (44 U.S.C. NOAA PRA Clearance Officer. permit holder when requesting observer Chapter 35). [FR Doc. 2018–23830 Filed 10–30–18; 8:45 am] data from the observer on the vessel. Agency: National Oceanic and BILLING CODE 3510–22–P NMFS seeks to renew OMB PRA Atmospheric Administration (NOAA). clearance for these information Title: Pacific Islands Region Coral collections. Reef Ecosystems Permit Form. DEPARTMENT OF COMMERCE The information collected will be OMB Control Number: 0648–0463. used to: (1) Monitor catch and bycatch Form Number(s): None. National Oceanic and Atmospheric in federally managed commercial Type of Request: Regular (extension of Administration fisheries; (2) understand the population a currently approved information status and trends of fish stocks and Submission for OMB Review; collection). protected species, as well as the Comment Request Number of Respondents: 12. interactions between them; (3) Average Hours per Response: 2 hours The Department of Commerce will determine the quantity and distribution per special permit application; 10 submit to the Office of Management and of net benefits derived from living minutes per transhipment permit Budget (OMB) for clearance the marine resources; (4) predict the application. following proposal for collection of biological, ecological, and economic Burden Hours: 31. information under the provisions of the impacts of existing management action Needs and Uses: This request is for Paperwork Reduction Act (44 U.S.C. and proposed management options; and extension of a current information Chapter 35). (5) ensure that the observer programs collection. Agency: National Oceanic and can safely and efficiently collect the The National Marine Fisheries Service Atmospheric Administration (NOAA). information required for the previous (NMFS) requires, as codified under 50 Title: Observer Programs’ Information four uses. In particular, these biological CFR part 665, any person (1) fishing for, That Can Be Gathered Only Through and economic data collection programs taking, retaining, or using a vessel to Questions. contribute to legally mandated analyses fish for Western Pacific coral reef OMB Control Number: 0648–0593. required under the Magnuson-Stevens ecosystem management unit species in Form Number(s): None. Fishery Conservation and Management the designated low-use Marine Type of Request: Regular (extension of Act (MSA), the Endangered Species Act Protected Areas, (2) fishing for any of a currently approved information (ESA), the Marine Mammal Protection these species using gear not specifically collection). Act (MMPA), the National allowed in the regulations, or (3) fishing Number of Respondents: 3,711. Environmental Policy Act (NEPA), the for, taking, or retaining any Potentially Average Hours per Response: 75 Regulatory Flexibility Act (RFA), Harvested Coral Reef Taxa in the coral minutes. Executive Order 12866 (E.O. 12866), as

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well as a variety of state statutes. The FOR FURTHER INFORMATION CONTACT: Ms. advice on the National Sea Grant confidentiality of the data will be Donna Brown, National Sea Grant College Program (NSGCP) in the areas of protected as required by the MSA, College Program, National Oceanic and program evaluation, strategic planning, Section 402(b). Atmospheric Administration, 1315 East- education and extension, science and Affected Public: Business or other for- West Highway, SSMC 3, Room 11717, technology programs, and other matters profit organizations. Silver Spring, Maryland 20910. (Phone: as described in the agenda found on the Frequency: On occasion. 301–734–1088, Fax: 301–713–1031, NSGCP website at http:// Respondent’s Obligation: Mandatory. Email: [email protected]) or to seagrant.noaa.gov/WhoWeAre/ This information collection request attend in person or via conference call/ Leadership/NationalSeaGrant may be viewed at reginfo.gov. Follow webinar, please R.S.V.P. to Donna AdvisoryBoard/Upcoming the instructions to view Department of Brown (contact information above) by AdvisoryBoardMeetings.aspx. Commerce collections currently under Wednesday, December 5, 2018. review by OMB. Nominations should be sent to the (2) This notice also responds to the Written comments and attention of Ms. Donna Brown, National Sea Grant Program Improvement Act of recommendations for the proposed Sea Grant College Program, National 1976, which requires the Secretary of information collection should be sent Oceanic and Atmospheric Commerce to solicit nominations at within 30 days of publication of this Administration, 1315 East-West least once a year for membership on the notice to OIRA_Submission@ Highway, SSMC 3, Room 11717, Silver National Sea Grant Advisory Board. To omb.eop.gov or fax to (202) 395–5806. Spring, Maryland 20910 or apply for membership to the Board Dated: October 25, 2018. [email protected]. applicants should submit a current resume. A cover letter highlighting Sarah Brabson, SUPPLEMENTARY INFORMATION: The specific areas of expertise relevant to the NOAA PRA Clearance Officer. Board, which consists of a balanced representation from academia, industry, purpose of the Board is helpful, but not [FR Doc. 2018–23829 Filed 10–30–18; 8:45 am] state government and citizens groups, required. Nominations will be accepted BILLING CODE 3510–22–P was established in 1976 by Section 209 by email or U.S. mail (see ADDRESSES or of the Sea Grant Improvement Act (Pub. Contact Information sections). NOAA is DEPARTMENT OF COMMERCE L. 94–461, 33 U.S.C. 1128). The Board an equal opportunity employer. advises the Secretary of Commerce and Status: The meeting will be open to National Oceanic and Atmospheric the Director of the NSGCP with respect public participation with a 15-minute to operations under the Act, and such Administration public comment period on December other matters as the Secretary refers to 10th at 4:45–5:00 p.m. ET. (check National Sea Grant Advisory Board them for review and advice. Individuals (NSGAB); Public Meeting of the Selected for Federal Advisory agenda using link in the Matters to be National Sea Grant Advisory Board Committee Membership: Upon selection Considered section to confirm time.) and agreement to serve on the National The Board expects that public AGENCY: National Oceanic and Sea Grant Advisory Board, you become statements presented at its meetings will Atmospheric Administration (NOAA), a Special Government Employee (SGE) not be repetitive of previously Office of Oceanic and Atmospheric of the United States Government. submitted verbal or written statements. Research (OAR), Department of According to 18 U.S.C. 202(a), an SGE In general, each individual or group Commerce (DOC). is an officer or employee of an agency making a verbal presentation will be ACTION: Notice of public meeting and who is retained, designated, appointed, limited to a total time of three (3) notice of solicitation for nominations for or employed to perform temporary minutes. Written comments should be the National Sea Grant Advisory Board. duties, with or without compensation, received by Ms. Donna Brown by not to exceed 130 days during any Wednesday, December 5, 2018 to SUMMARY: This notice sets forth the period of 365 consecutive days, either provide sufficient time for Board schedule and proposed agenda of a on a full time or intermittent basis. review. Written comments received after forthcoming meeting of the National Sea Please be aware that after the selection the deadline will be distributed to the Grant Advisory Board (Board). Board process is complete, applicants selected members will discuss and provide Board, but may not be reviewed prior to to serve on the Board must complete the the meeting date. Seats for the meeting advice on the National Sea Grant following actions before they can be College Program (Sea Grant) in the areas will be available on a first-come, first- appointed as a Board member: serve basis. of program evaluation, strategic (a) Security Clearance (online planning, education and extension, Background Security Check process and Special Accommodations: The Board science and technology programs, and fingerprinting), and other applicable meeting is physically accessible to other matters as described in the agenda forms, both conducted through NOAA people with disabilities. Requests for found on the Sea Grant website. Workforce Management; and (b) sign language interpretation or other DATES: The meeting will be held Confidential Financial Disclosure auxiliary aids should be directed to Ms. Monday, December 10, 2018 from 4:00 Report as an SGE, you are required to Donna Brown by Friday, November 30, p.m. ET to 5:30 p.m. ET. There is no due file a Confidential Financial Disclosure 2018. date for nominations. Applications will Report annually to avoid involvement in Dated: October 16, 2018. be kept on file for consideration of any a real or apparent conflict of interest. Eric Locklear, Board vacancy for a period of three You may find the Confidential Financial years from January 1, 2019. Disclosure Form at the following Deputy Chief Financial Officer/ Administrative Officer, Office of Oceanic and ADDRESSES: The meeting will be held website. https://www2.oge.gov/web/ Atmospheric Research, National Oceanic and via conference call. Public access is oge.nsf/Confidential%20Financial% Atmospheric Administration. available at 1315 East-West Highway, 20Disclosure. [FR Doc. 2018–23810 Filed 10–30–18; 8:45 am] Bldg. 3, Room #01215, Silver Spring, Matters to be Considered: Board MD 20910. members will discuss and provide BILLING CODE 3510–KA–P

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DEPARTMENT OF COMMERCE Instructions: The public webinar/ et seq.). Regulations at 50 CFR 600.745 conference call information is phone and 635.32 govern scientific research National Oceanic and Atmospheric number (888) 942–8612; participant activity, exempted fishing, and Administration passcode 6276326. Participants are exempted public display and RIN 0648–XG583 strongly encouraged to log/dial in 15 educational activities with respect to minutes prior to the meeting. NMFS Atlantic HMS. Because the Magnuson- Atlantic Highly Migratory Species; will show a brief overview presentation Stevens Act states that scientific Exempted Fishing, Scientific Research, via webinar followed by a question and research activity which is conducted on Display, and Shark Research Fishery answer session: https:// a scientific research vessel is not Permits; Letters of Acknowledgment noaaevents2.webex.com/noaaevents2/ fishing, NMFS issues LOAs and not onstage/g.php?MTID= EFPs for bona fide research activities AGENCY: National Marine Fisheries ee7c953be8b128d064d6557dbb5e5423b; (e.g., scientific research being conducted Service (NMFS), National Oceanic and password: NOAA. from a research vessel and not a Atmospheric Administration (NOAA), FOR FURTHER INFORMATION CONTACT: commercial or recreational fishing Commerce. Craig Cockrell, phone: (301) 427–8503 vessel) involving species that are only ACTION: Notice of intent; request for regulated under the Magnuson-Stevens comments; public webinar. SUPPLEMENTARY INFORMATION: Issuance of EFPs and related permits are Act (e.g., most species of sharks) and not under ATCA. NMFS generally does not SUMMARY: NMFS announces its intent to necessary because HMS regulations consider recreational or commercial issue exempted fishing permits (EFPs), (e.g., regarding fishing seasons, vessels to be bona fide research vessels. scientific research permits (SRPs), prohibited species, authorized gear, However, if the vessels have been display permits, letters of closed areas, and minimum sizes) may contracted only to conduct research and acknowledgment (LOAs), and shark otherwise prohibit the collection of live not participate in any commercial or research fishery permits for Atlantic animals and/or biological samples for recreational fishing activities during highly migratory species (HMS) in 2019. data collection and public display that research, NMFS may consider those EFPs and related permits would purposes or may otherwise prohibit vessels as bona fide research platforms authorize collection of a limited number certain fishing activity that NMFS has while conducting the specified research. of HMS, including tunas, swordfish, an interest in permitting or For example, in the past, NMFS has billfishes, and sharks, from Federal acknowledging. Pursuant to 50 CFR determined that commercial pelagic waters in the Atlantic Ocean, Caribbean parts 600 and 635, a NMFS Regional longline vessels assisting with Sea, and Gulf of Mexico for the Administrator or Director may population surveys for sharks may be purposes of scientific research, data authorize, for limited testing, public considered ‘‘bona fide research vessels’’ collection, the investigation of bycatch, display, data collection, exploratory while engaged only in the specified and public display, among other things. fishing, compensation fishing, research. For such activities, NMFS LOAs acknowledge that scientific conservation engineering, health and reviews scientific research plans and research activity aboard a scientific safety surveys, environmental cleanup, may issue an LOA acknowledging that research vessel is being conducted. and/or hazard removal purposes, the the proposed activity is scientific Generally, EFPs and related permits target or incidental harvest of species research under the Magnuson-Stevens would be valid from the date of issuance managed under an FMP or fishery Act. Examples of research through December 31, 2019, unless regulations that would otherwise be acknowledged by LOAs include tagging otherwise specified, subject to the terms prohibited. These permits exempt and releasing sharks during bottom and conditions of individual permits. permit holders from the specific longline surveys to understand the This notice also schedules a public portions of the regulations that may distribution and seasonal abundance of webinar/conference call for applicants, otherwise prohibit the collection of different shark species, and collecting during which NMFS will provide a HMS for public education, public and sampling sharks caught during general overview of the EFP program display, or scientific research. Permit trawl surveys for life history and and hold a question and answer session. holders are not exempted from the bycatch studies. DATES: Written comments received in regulations in their entirety. Collection While scientific research is not response to this notice will be of HMS under EFPs, SRPs, display, and defined as ‘‘fishing’’ subject to the MSA, considered by NMFS when issuing EFPs shark research fishery permits scientific research is not exempt from and related permits and must be represents a small portion of the overall regulation under ATCA. Therefore, received on or before November 30, fishing mortality for HMS, and this NMFS issues SRPs that authorize 2018. NMFS also will host an operator- mortality is counted against the quota of researchers to collect HMS from bona assisted public webinar/conference call the species harvested, as appropriate fide research vessels for collection of on November 14, 2018, from 2 p.m. to and applicable. The terms and species managed under this statute (e.g., 4 p.m. EDT, providing an opportunity conditions of individual permits are tunas, swordfish, and billfish). One for applicants to listen to a general unique; however, all permits will example of research conducted under overview of the EFP program and hold include reporting requirements, limit SRPs consists of scientific surveys of a question and answer session. the number and/or species of HMS to be tunas, swordfish and billfish conducted ADDRESSES: Comments may be collected, and only authorize collection from NOAA research vessels. submitted by any of the following in Federal waters of the Atlantic Ocean, EFPs are issued for activities methods: Gulf of Mexico, and Caribbean Sea. conducted from commercial or • Email: nmfs.hms.efp2019@ EFPs and related permits are issued recreational fishing vessels. Examples of noaa.gov. Include in the subject line the under the authority of the Magnuson- activities conducted under EFPs include following identifier: 0648–XG583. Stevens Fishery Conservation and collection of young-of-year bluefin tuna • Mail: Craig Cockrell, Highly Management Reauthorization Act for genetic research; conducting billfish Migratory Species Management Division (Magnuson-Stevens Act) (16 U.S.C. 1801 larval tows from private vessels to (F/SF1), NMFS, 1315 East-West et seq.) and/or the Atlantic Tunas determine billfish habitat use, life Highway, Silver Spring, MD 20910. Convention Act (ATCA) (16 U.S.C. 971 history, and population structure, and

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tagging sharks caught on commercial or authorized gear (e.g., rod and reel and species brought back to the vessel dead recreational fishing gear to determine harpoon gear) and not on the must be retained and will count against post-release mortality rates. unauthorized gear onboard the vessel the appropriate quotas of the shark NMFS is also seeking public comment (e.g., benthic longline, jigging machines, research fishery participant. In recent on its intent to issue display permits for handgear, demersal gillnet, or otter years, all participants of the shark the collection of sharks and other HMS trawl). An EFP was issued to the CCCFA research fishery were limited to a very for public display in 2019. Collection of on October 2, 2017 and exempted 5 small number of dusky shark mortalities sharks and other HMS sought for public vessels from 50 CFR 635.19(b). The on a regional basis. Once the designated display in aquaria often involves permit was amended twice, to extend number of dusky shark mortalities collection when the commercial fishing the expiration date to December 31, occurs in a specific region certain terms seasons are closed, collection of 2018 and add an additional vessel. To and conditions are applied (e.g., soak otherwise prohibited species (e.g., sand date no fishing has occurred under this time limits). If subsequent interactions tiger sharks), and collection of fish permit. NMFS expects to receive an occur in the region all shark research below the regulatory minimum size. application to renew this EFP for 2019. fishery activities must stop within that Under Amendment 2 to the 2006 Comments are invited specifically on region. Participants would continue to Consolidated Atlantic HMS Fishery these issues related to issuance of a be limited to two sets per trip, with one Management Plan, NMFS determined similar permit to the CCCFA this year. set limited to 150 hooks and the second that dusky sharks cannot be collected In addition, Amendment 2 to the 2006 set limited to 300 hooks. All for public display. Consolidated HMS Fishery Management participants are also limited to a The majority of EFPs and related Plan (FMP) implemented a shark maximum of 500 hooks onboard the permits described in this annual notice research fishery. This research fishery is vessel while on a shark research fishery relate to scientific sampling and tagging conducted under the auspices of the trip. A Federal Register notice of Atlantic HMS within existing quotas exempted fishing permit program. Shark describing the specific objectives for the and the impacts of the activities to be research fishery permit holders assist shark research fishery in 2019 and conducted usually have been previously NMFS in collecting valuable shark life requesting applications from interested analyzed in various environmental history and other scientific data and eligible shark fishermen is expected assessments and environmental impact required in shark stock assessments. to publish in the near future. NMFS statements for Atlantic HMS Since the shark research fishery was requests public comment regarding management. In most such cases, NMFS established in 2008, the research fishery NMFS’ intent to issue shark research intends to issue these permits without has allowed for: The collection of fishery permits in 2019 during the additional opportunity for public fishery dependent data for current and comment period of this notice. comment beyond what is provided in future stock assessments; the operation this notice. Occasionally, NMFS of cooperative research to meet NMFS’ The authorized number of specimens receives applications for research ongoing research objectives; the that have been authorized thus far under activities that were not anticipated, or collection of updated life-history EFPs and other related permits for 2018, for research that is outside the scope of information used in the sandbar shark as well as the number of specimens general scientific sampling and tagging (and other species) stock assessment; collected in 2017, is summarized in of Atlantic HMS, or rarely, for research the collection of data on habitat Table 1. The number of specimens that is particularly controversial. Should preferences that might help reduce collected in 2018 will be available when NMFS receive such applications, NMFS fishery interactions through bycatch all 2018 interim and annual reports are will provide additional opportunity for mitigation; the evaluation of the utility submitted to NMFS. In 2017, the public comment, consistent with the of the mid-Atlantic closed area on the number of specimens collected was less regulations at 50 CFR 600.745. recovery of dusky sharks; the collection than the number of authorized On June 19, 2017, NMFS received an of hook-timer and pop-up satellite specimens for all permit types, other application for an EFP requesting an archival tag information to determine at- than SRPs issued for shark research. exemption from the regulations that vessel and post-release mortality of In all cases, mortalities associated prohibit the retention of bluefin tuna dusky sharks; and the collection of with EFPs, SRPs, or display permits with unauthorized gear onboard. See 50 sharks to update the weight conversion (except for larvae) are counted against CFR 635.19(b). This application was factor from dressed weight to whole the appropriate quota. NMFS issued a submitted by the Cape Cod Commercial weight. Fishermen who wish to total of 33 EFPs, SRPs, display permits, Fishermen’s Alliance (CCCFA). The participate must fill out an application and LOAs in 2017 for the collection of applicants suggested that with the use of for a shark research fishery permit HMS and 5 shark research fishery electronic monitoring (EM) and through under the exempted fishing program. permits. As of October 3, 2018, NMFS issuance of an EFP, there would be Shark research fishery participants are has issued a total of 39 EFPs, SRPs, sufficient at-sea monitoring to verify the subject to 100-percent observer display permits, and LOAs and 6 shark catch of bluefin tuna occurred with coverage. All non-prohibited shark research fishery permits. TABLE 1—SUMMARY OF HMS EXEMPTED FISHING PERMITS ISSUED IN 2017 AND 2018, OTHER THAN SHARK RESEARCH FISHERY PERMITS [‘‘HMS’’ refers to multiple species being collected under a given permit type]

2017 2018 Fish kept/ Permit type Permits Authorized Authorized discarded Larvae kept Permits Authorized issued ** fish larvae dead (No.) Issued ** fish (No.) (No.) (No.) (No.) **

EFP: HMS ...... 4 357 0 17 0 2 162 Shark ...... 4 57 0 85 0 4 0

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TABLE 1—SUMMARY OF HMS EXEMPTED FISHING PERMITS ISSUED IN 2017 AND 2018, OTHER THAN SHARK RESEARCH FISHERY PERMITS—Continued [‘‘HMS’’ refers to multiple species being collected under a given permit type]

2017 2018 Fish kept/ Permit type Permits Authorized Authorized discarded Larvae kept Permits Authorized issued ** fish larvae dead (No.) Issued ** fish (No.) (No.) (No.) (No.) **

Tuna ...... 2 350 0 2 0 2 750 SRP: HMS ...... 3 260 0 70 0 6 2,030 Shark ...... 1 720 0 300 0 1 487 Tuna ...... 0 0 0 0 0 1 0 Display: HMS ...... 2 88 0 6 0 2 84 Shark ...... 5 109 0 38 0 6 185

Total ...... 21 1,941 0 518 0 24 3,698 LOA: * Shark ...... 12 2,275 0 513 0 15 185 * LOAs acknowledge scientific research activity but do not authorize activity. Thus, the number of sharks in the authorized fish column are estimates of harvest under LOAs. Permittees are encouraged to report all fishing activities in a timely manner. **Atlantic HMS larvae were authorized in one permit for collection but no limit on the number of larvae were set. Some shark EFPs and LOAs were issued for the purposes of tagging and the opportunistic sampling of sharks and were not expected to result in large amounts of mortality. Given this some mortality may occur throughout 2018 and will be accounted for under the 60 metric ton shark research and display quota.

Final decisions on the issuance of any Craig Cockrell at 301–427–8503, at least shall review and evaluate the initial EFPs, SRPs, display permits, and shark 7 days prior to the meeting. A NMFS appraisal of senior executives’ research fishery permits will depend on representative will attempt to structure performance by supervisors and make the submission of all required the meeting so that all attending recommendations to the appointing information about the proposed members of the public will be able to authority or rating official relative to the activities, NMFS’ review of public comment if they so choose. If attendees performance of these executives. comments received on this notice, an do not respect the ground rules they The Department of the Army applicant’s reporting history on past will be asked to leave the public Performance Review Board will be permits, if vessels or applicants were webinar/conference call. composed of a subset of the following issued any prior violations of marine Authority: 16 U.S.C. 971 et seq. and 16 individuals: resource laws administered by NOAA, U.S.C. 1801 et seq. 1. Ms. Delia A. Adams, Senior Contracting consistency with relevant NEPA Dated: October 26, 2018. Executive, U.S. Army Installation documents, and any consultations with Management Command, San Antonio, TX. appropriate Regional Fishery Karen H. Abrams, 2. Ms. Lisha H. Adams, Executive Deputy Management Councils, states, or Federal Acting Director, Office of Sustainable to the Commanding General, U.S. Army agencies. NMFS does not anticipate any Fisheries, National Marine Fisheries Service. Materiel Command, Redstone Arsenal, AL. significant environmental impacts from [FR Doc. 2018–23791 Filed 10–30–18; 8:45 am] 3. Mr. Stephen D. Austin, Assistant Chief the issuance of these EFPs, consistent BILLING CODE 3510–22–P of the Army Reserve, Office of the Chief with the assessment of such activities Army Reserve, Washington, DC. within the environmental impacts 4. Mr. Mark F. Averill, Deputy Administrative Assistant to the Secretary of analyses in existing HMS actions, DEPARTMENT OF DEFENSE the Army/Director Resources & Program including the 1999 FMP, the 2006 Agency, Office of the Administrative Consolidated HMS FMP and its Department of the Army Assistant, Washington, DC. amendments, the Environmental 5. Mr. Stephen G. Barth, Deputy Assistant Assessment for the 2012 Swordfish Performance Review Board Secretary of the Army (Cost And Economics), Specifications, and the Environmental Membership Office of the Assistant Secretary of the Army (Financial Management & Comptroller), Assessment for the 2015 Final Bluefin AGENCY: Department of the Army, DoD. Tuna Quota and Atlantic Tuna Fisheries Washington, DC. ACTION: Management Measures. Notice. 6. LTG Scott D. Berrier, Deputy Chief of NMFS is also planning to hold a Staff, Office of the Deputy Chief of Staff SUMMARY: Notice is given of the names G–2, Washington, DC. public webinar/conference call for of members of a Performance Review 7. LTG Gwendolyn Bingham, Assistant potential applicants to the EFP program Board for the Department of the Army. Chief of Staff for Installation Management, due to requests for additional Office of the Assistant Chief of Staff, DATES: Effective Date: October 26, 2018. information from some of the current Installation Management, Washington, DC. applicants and a need to clarify some FOR FURTHER INFORMATION CONTACT: 8. Ms. Carla Kay Coulson, Director, terms and conditions and agency Barbara Smith, Civilian Senior Leader Installation Services, Assistant Chief of Staff expectations. NMFS will present a brief Management Office, 111 Army for Installation Management, Washington, overview of the program, clarify a Pentagon, Washington, DC 20310–0111. DC. 9. LTG Bruce T. Crawford, Chief number of issues we have encountered SUPPLEMENTARY INFORMATION: Section Information Officer/G–6, Office of the Chief from applicants when they are applying 4314(c)(1) through (5) of Title 5, U.S.C., Information Officer/G–6, Washington, DC. for these permits, and conduct a requires each agency to establish, in 10. LTG Edward M. Daly, Deputy question and answer session. Requests accordance with regulations, one or Commanding General/Chief of Staff, U.S. for language interpretation or other more Senior Executive Service Army Materiel Command, Redstone Arsenal, auxiliary aids should be directed to performance review boards. The boards AL.

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11. Mr. John J. Daniels, Deputy Assistant 31. Mr. Phillip E. Mcghee, Deputy Chief of 53. Ms. Tanya M. Skeen, Executive Secretary for Plans, Programs and Resources, Staff for Resource Management, G–8, U.S. Director, Rapid Capabilities Office, Office of Office of the Assistant Secretary of the Army Army Forces Command, Fort Bragg, NC. the Assistant Secretary of the Army (Acquisition, Logistics & Technology), 32. HON James E. McPherson, General (Acquisition, Logistics & Technology), Washington, DC. Counsel, Office of the General Counsel, Washington, DC. 12. Ms. Karen L. Durhamaguilera, Washington, DC. 54. Ms. Cherie A. Smith, Program Executive Director of the Army National 33. Ms. Kathleen S. Miller, Assistant Executive Officer, Enterprise Information Cemeteries Program, Office of the Secretary Deputy Chief of Staff for Operations, Office Systems, Office of the Secretary of the Army, of the Army, Arlington, VA. of the Deputy Chief of Staff, G–3/5/7, Washington, DC. 13. Ms. Monique Y. Ferrell, Principal Washington, DC. 55. Mr. Robin P. Swan, Deputy Director, Deputy Auditor General, U.S. Army Audit 34. Mr. William F. Moore, Assistant Office of Business Transformation, Office of Agency, Fort Belvoir, VA. Deputy Chief of Staff, G–4, Office of the the Secretary of the Army, Washington, DC. 14. Mr. Gregory L. Garcia, Deputy Chief Deputy Chief of Staff, G–4, Washington, DC. 56. Dr. Mark B. Tischler, Senior Research Information Officer, Office of the Chief 35. Mr. Levator Norsworthy, Jr., Deputy Scientist (Rotorcraft Flight Dynamics and Information Officer/G–6, Washington, DC. General Counsel (Acquisition), Office of the Control), U.S. Army Aviation And Missile 15. Mr. Larry D. Gottardi, Director, Civilian General Counsel, Washington, DC. Command, Moffett Field, CA. Senior Leader Management Office, Office of 36. LTG Paul A. Ostrowski, Military 57. MG Kirk F. Vollmecke, Program the Deputy Under Secretary, Washington, Deputy/Director, Acquisition and Executive Officer, Intelligence, Electronic DC. Contracting, Office of the Assistant Secretary Warfare, and Sensors, Office of the Secretary 16. Ms. Patricia A. Guitard, Special of the Army (Acquisition, Logistics & of the Army, Washington, DC. Advisor for Open Source Intelligence, U.S. Technology), Washington, DC. 58. Mr. Roy A. Wallace, Assistant Deputy Army Intelligence Security Command, Fort 37. Ms. Karen W. Pane, Director of Human Chief of Staff, Office of the Deputy Chief of Belvoir, VA. Resources, U.S. Army Corps of Engineers, Staff, G–1, Washington, DC. 17. Mr. John E. Hall, Deputy to the Washington, DC. 59. HON Casey Wardynski, Jr., Assistant Commanding General, U.S. Army Combined 38. LTG Aundre F. Piggee, Deputy Chief of Secretary of the Army (Manpower and Arms Support Command, Fort Lee, VA. Staff, Office of the Deputy Chief of Staff, G– Reserve Affairs), Office of the Assistant 18. Mr. Stuart A. Hazlett, Deputy Assistant 4, Washington, DC. Secretary of the Army (Manpower and Secretary of the Army (Procurement), Office 39. Mr. Ronald William Pontius, Deputy to Reserve Affairs), Washington, DC. of the Assistant Secretary of the Army Commanding General, Army Cyber 60. MG Michael C. Wehr, Deputy Chief of (Acquisition, Logistics & Technology), Command, U.S. Army Cyber Command, Fort Engineers/Deputy Commanding General, U.S. Washington, DC. Belvoir, VA. Army Corps of Engineers, Washington, DC. 40. Mr. Michael T. Powers, Principal 19. Dr. David A. Horner, Director, 61. LTG Eric J. Wesley, Deputy Deputy Assistant Secretary of the Army Information Technology Laboratory, U.S. Commanding General, Futures/Director, (Controls), Office of the Assistant Secretary of Army Engineer Research and Development Army Capabilities Integration Center, U.S. the Army (Financial Management & Center, Vicksburg, MS. Army Training and Doctrine Command, Fort Comptroller), Washington, DC. 20. HON R. D. James, Assistant Secretary Eustis, VA. 41. Mr. Jeffrey N. Rapp, Assistant Deputy 62. Dr. Bruce J. West, Senior Research of the Army (Civil Works), Office of the Chief of Staff, G–2, Office of the Deputy Chief Assistant Secretary of the Army (Civil Scientist (Mathematical Sciences), U.S. Army of Staff, G–2, Washington, DC. Research Laboratory, Durham, NC. Works), Washington, DC. 42. Dr. Peter J. Reynolds, Senior Research 21. HON Bruce D. Jette, Assistant Secretary 63. Mr. Jeffrey S. White, Principal Deputy Scientist (Physical Sciences), U.S. Army Assistant Secretary of the Army of the Army (Acquisition, Logistics & Research Laboratory, Durham, NC. Technology), Office of the Assistant Secretary (Acquisitions, Logistics & Technology), 43. Ms. Anne L. Richards, The Auditor Office of the Assistant Secretary of the Army of the Army (Acquisition, Logistics & General, U.S. Army Audit Agency, Fort (Acquisition, Logistics & Technology), Technology), Washington, DC. Belvoir, VA. Washington, DC. 22. Dr. Marti Jett-Tilton, Senior Research 44. LTG Laura J. Richardson, Deputy 64. Mr. Marshall M. Williams, Principal Scientist (Systems Biology), U.S. Army Commanding General/Chief of Staff, U.S. Deputy Assistant Secretary of the Army Medical Command, Fort Detrick, MD. Army Forces Command, Fort Bragg, NC. (Manpower & Reserve Affairs), Office of the 23. Mr. Thomas E. Kelly III, Deputy Under 45. Mr. J. Randall Robinson, Executive Assistant Secretary of the Army (Manpower Secretary of the Army, Office of the Deputy Deputy to the Commanding General, U.S. & Reserve Affairs), Washington, DC. Under Secretary, Washington, DC. Army Installation Management Command, 65. Mr. John S. Willison, Deputy to the 24. Ms. Krystyna M.A. Kolesar, Deputy Fort Sam Houston, TX. Commanding General, U.S. Army Reseearch Director, Program Analysis & Evaluation 46. Dr. Paul D. Rogers, Director, U.S. Army Development and Engineering Command, Directorate, Office of the Deputy Chief Of Tank-Automotive Research, Development, U.S. Army Materiel Command, Redstone Staff, G–8, Washington, DC. and Engineering Center, Warren, MI. Arsenal, AL. 25. Mr. Jeffrey L. Langhout, Director for 47. Ms. Alexis Lasselle Ross, Deputy 66. Mr. Max R. Wyche, Deputy Chief of Systems Simulation, Software, and Assistant Secretary of the Army (Strategy and Staff for Personnel, U.S. Army Materiel Integration, U.S. Army Research, Acquisition Reform), Office of the Secretary Command, Redstone Arsenal, AL. Development, and Engineering Command, of the Army, Washington, DC. Redstone, AL. 48. Dr. Thomas P. Russell, Deputy Brenda S. Bowen, 26. Mr. Mark R. Lewis, Special Assistant to Assistant Secretary for Research and Army Federal Register Liaison Officer. the Administrative Assistant to the Secretary Technology/Chief Scientist, Office of the of the Army, Office of the Secretary of the Assistant Secretary of the Army (Acquisition, [FR Doc. 2018–23806 Filed 10–30–18; 8:45 am] Army, Washington, DC. Logistics & Technology), Washington, DC. BILLING CODE 5001–03–P 27. Dr. George V. Ludwig, Principal 49. Mr. Bryan R. Samson, Deputy to the Assistant for Research and Technology, U.S. Commander, Surface Deployment and Army Medical Command, Fort Detrick, MD. Distribution Command, U.S. Army Materiel DEPARTMENT OF DEFENSE 28. Dr. David Markowitz, Assistant Deputy Command, Scott Air Force Base, IL. Chief of Staff for Programs, G–8, Office of the 50. Mr. Robert J. Sander, Principal Deputy Office of the Secretary Deputy Chief of Staff, G–8, Washington, DC. General Counsel, Office of the General 29. LTG Joseph M. Martin, Director of the Counsel, Washington, DC. Charter Renewal of Department of Army Staff, Office of the Director of the Army 51. LTG Thomas C. Seamands, Deputy Defense Federal Advisory Committees Staff, Washington, DC. Chief of Staff, Office of the Deputy Chief of 30. LTG Theodore D. Martin, Deputy Staff, G–1, Washington, DC. AGENCY: Department of Defense. Commanding General/Chief of Staff, U.S. 52. LTG Todd T. Semonite, Chief of ACTION: Renewal of Federal Advisory Army Training and Doctrine Command, Fort Engineers/Commanding General, U.S. Army Committee. Eustis, VA. Corps of Engineers, Washington, DC.

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SUMMARY: The Department of Defense Board members serve without provisions of Executive Order 13807 (DoD) is publishing this notice to compensation. (‘‘One Federal Decision’’) apply to this announce that it is renewing the charter The public or interested organizations Project. One Federal Decision is for the United States Military Academy may submit written statements to the intended to streamline federal Board of Visitors (‘‘the Board’’). Board membership about the Board’s permitting processes, including FOR FURTHER INFORMATION CONTACT: Jim mission and functions. Written environmental reviews and Freeman, Advisory Committee statements may be submitted at any authorization decisions, for major Management Officer for the Department time or in response to the stated agenda infrastructure projects. of Defense, 703–692–5952. of planned meeting of the Board. All DATES: A public scoping meeting will be SUPPLEMENTARY INFORMATION: The written statements shall be submitted to held on Thursday, November 8, 2018 Board’s charter is being renewed, the DFO for the Board, and this from 5:30 p.m.–7:30 p.m. pursuant to 10 U.S.C. 4355 and in individual will ensure that the written ADDRESSES: The public scoping meeting accordance with the Federal Advisory statements are provided to the will be held at Mohr Auditorium Committee Act (FACA) of 1972 (5 membership for their consideration. located at 650 County Road 13 U.S.C., Appendix, as amended) and 41 Dated: October 26, 2018. Boulevard, Scribner, NE 68057. CFR 102–3.50(a). The Board’s charter Aaron T. Siegel, FOR FURTHER INFORMATION CONTACT: and contact information for the Board’s Alternate OSD Federal Register Liaison Questions regarding the Project and the Designated Federal Officer (DFO) can be Officer, Department of Defense. EIS should be addressed to Phil Rezac, found at https://gsageo.force.com/ [FR Doc. 2018–23833 Filed 10–30–18; 8:45 am] Project Manager, U.S. Army Corps of FACA/apex/ BILLING CODE 5001–06–P Engineers, Nebraska Regulatory Office, FACAPublicAgencyNavigation. Wehrspann Field Office, 8901 S 154th The Board provides the President of Street, Omaha, NE 68138–3621 or at the United States independent advice DEPARTMENT OF DEFENSE (402) 896–0896; Phil.M.Rezac@ and recommendations on morale and usace.army.mil. discipline, the curriculum, instruction, Department of the Army, Corps of SUPPLEMENTARY INFORMATION: NDOT’s physical equipment, fiscal affairs, Engineers stated Project purpose is to advance the academic methods, and any other Intent To Prepare an Environmental Scribner to West Point segment of the matters relating to the Academy (the Norfolk to Fremont Expressway, Impact Statement for Nebraska Academy) that the Board decides to maximize utilization of existing Department of Transportation U.S. consider. Pursuant to 10 U.S.C. 4355(d) transportation infrastructure and right- Highway 275 West Point to Scribner and (f), the Board shall visit the of-way, including connecting highways Project Academy annually. With the approval (N–9, N–32, and N–91), improve the of the Secretary of the Army, the Board AGENCY: Department of the Army, U.S. safety and reliability of the roadway, or its members may make other visits to Army Corps of Engineers, DoD. provide a more efficient roadway that the Academy in connection with the ACTION: Notice of intent. improves regional connectivity for the duties of the Board or to consult with traveling public, including commercial the Superintendent of the Academy. SUMMARY: The U.S. Army Corps of traffic, in northeast Nebraska, and to The Board shall submit a written report Engineers (Corps) is preparing an fulfill the Nebraska Legislature to the President within 60 days after its Environmental Impact Statement (EIS) mandates contained in Legislative Bill annual visit to the Academy, to include in accordance with the National [LB] 632 and LB 84. The necessity for the Board’s views and recommendations Environmental Policy Act (NEPA) for the expansion of this portion of US–275 pertaining to the Academy. Any report U.S. Highway 275 (US–275) West Point arises from legislation, lack of of a visit, other than the annual visit, to Scribner Project (Project) sponsored connectivity between urban centers, and shall, if approved by a majority of the by the Nebraska Department of high average daily traffic use. members of the Board, be submitted to Transportation (NDOT). NDOT proposes A public scoping meeting will be held the President within 60 days after the to expand US–275 from a two-lane Thursday, November 8, 2018 to describe approval. highway to a four-lane expressway why the Project is needed, preliminary The Board is composed of no more along an approximately 20-mile segment alternatives, the NEPA compliance than 15 members: (a) The Chair of the from northwest of West Point to process, and to solicit input on the Committee on Armed Services of the southeast of Scribner, including a issues and alternatives to be evaluated Senate, or designee; (b) three other bypass around Scribner (referred to as and other related matters. Written members of the Senate designated by ‘‘Scribner Bypass’’), in Cuming and comments will also be requested. The the Vice President or the President pro Dodge Counties, Nebraska. Corps has prepared handout materials tempore of the Senate, two of whom are Construction of the Project is and developed an EIS website to members of the Committee on expected to impact jurisdictional waters familiarize other agencies, the public, Appropriations of the Senate; (c) the of the United States, thereby requiring a and interested organizations with the Chair of the Committee on Armed Clean Water Act Section 404 permit. preliminary Project alternatives and Services of the House of Additionally, NDOT is proposing to potential environmental issues that may Representatives, or designee; (d) four build segments of the Scribner Bypass be involved. Copies of these handout other members of the House of on an existing federally authorized materials will be available at the public Representatives designated by the levee, which would require a Section scoping meeting or can be requested by Speaker of the House of Representatives, 408 authorization. The Project may also mail. The EIS website can be found at two of whom are members of the affect Natural Resources Conservation http://www.nwo.usace.army.mil/ Committee on Appropriations of the Service (NRCS) Wetland Reserve Missions/Regulatory-Program/ House of Representatives; and e. six Program (WRP) easements. Due to these Nebraska/. persons designated by the President. requirements, the Corps has determined The Corps has invited Natural Except for reimbursement of official an EIS is necessary for the Project. The Resources Conservation Service, U.S. Board-related travel and per diem, Corps has determined that the Environmental Protection Agency,

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Federal Highway Administration, U.S. begin at 10:30 a.m. and will include: West Trenton, NJ 08628. For assistance, Fish and Wildlife Service, Nebraska Adoption of the Minutes of the please contact Paula Schmitt at Department of Environmental Quality, Commission’s September 13, 2018 [email protected]. and Nebraska Game and Parks Business Meeting, announcements of Accommodations for Special Needs. Commission to be cooperating agencies upcoming meetings and events, a report Individuals in need of an in the preparation of the EIS. on hydrologic conditions, reports by the accommodation as provided for in the Additionally, the Corps has invited the Executive Director and the Americans with Disabilities Act who Nebraska State Historic Preservation Commission’s General Counsel, and wish to attend the meeting or hearing Office and the Nebraska Department of consideration of any items for which a should contact the Commission Natural Resources to serve as hearing has been completed or is not Secretary directly at 609–883–9500 ext. commenting agencies during the required. 203 or through the Telecommunications preparation of the EIS. After all scheduled business has been Relay Services (TRS) at 711, to discuss completed and as time allows, the how we can accommodate your needs. John L. Moeschen, Business Meeting will be followed by Additional Information, Contacts. Nebraska State Program Manager, Regulatory up to one hour of Open Public Additional public records relating to Branch. Comment, an opportunity to address the hearing items may be examined at the [FR Doc. 2018–23451 Filed 10–30–18; 8:45 am] Commission on any topic concerning Commission’s offices by appointment by BILLING CODE 3720–58–P management of the basin’s water contacting Denise McHugh, 609–883– resources outside the context of a duly 9500, ext. 240. For other questions noticed, on-the-record public hearing. concerning hearing items, please contact DELAWARE RIVER BASIN There will be no opportunity for David Kovach, Project Review Section COMMISSION additional public comment for the Manager at 609–883–9500, ext. 264. record at the December 12 Business Dated: October 24, 2018. Notice of Public Hearing and Business Meeting on items for which a hearing Meeting was completed on November 14 or a Pamela M. Bush, Commission Secretary and Assistant General November 14 and December 12, 2018 previous date. Commission consideration on December 12 of items Counsel. Notice is hereby given that the [FR Doc. 2018–23716 Filed 10–30–18; 8:45 am] Delaware River Basin Commission will for which the public hearing is closed BILLING CODE 6360–01–P hold a public hearing on Wednesday, may result in approval of the item (by November 14, 2018. A business meeting docket or resolution) as proposed, will be held the following month on approval with changes, denial, or DEPARTMENT OF EDUCATION Wednesday, December 12, 2018. The deferral. When the Commissioners defer hearing and meeting are open to the an action, they may announce an [Docket No.: ED–2018–ICCD–0087] public and will take place at the additional period for written comment Washington Crossing Historic Park on the item, with or without an Agency Information Collection Visitor Center, 1112 River Road, additional hearing date, or they may Activities; Submission to the Office of Washington Crossing, Pennsylvania. take additional time to consider the Management and Budget for Review Public Hearing. The public hearing on input they have already received and Approval; Comment Request; A November 14, 2018 will begin at 1:30 without requesting further public input. Study of Reliability and Consequential p.m. Hearing items subject to the Any deferred items will be considered Validity of a Mathematics Diagnostic Commission’s review will include draft for action at a public meeting of the Assessment System in Georgia dockets for withdrawals, discharges, Commission on a future date. AGENCY: Institute of Education Sciences and other projects that could have a Advance Sign-Up for Oral Comment. (IES), Department of Education (ED). substantial effect on the basin’s water Individuals who wish to comment on resources. the record during the public hearing on ACTION: Notice. November 14 or to address the The list of projects scheduled for SUMMARY: In accordance with the hearing, including project descriptions, Commissioners informally during the Open Public Comment portion of the Paperwork Reduction Act of 1995, ED is will be posted on the Commission’s proposing a new information collection. website, www.drbc.gov, in a long form of meeting on December 12 as time allows, DATES: Interested persons are invited to this notice at least ten days before the are asked to sign-up in advance through submit comments on or before hearing date. EventBrite. Links to EventBrite for the Written comments on matters Public Hearing and the Business November 30, 2018. scheduled for hearing on November 14 Meeting are available at www.drbc.gov. ADDRESSES: To access and review all the will be accepted through 5 p.m. on For assistance, please contact Ms. Paula documents related to the information November 19. Schmitt of the Commission staff, at collection listed in this notice, please The public is advised to check the [email protected]. use http://www.regulations.gov by Commission’s website periodically prior Submitting Written Comment. Written searching the Docket ID number ED– to the hearing date, as items scheduled comment on items scheduled for 2018–ICCD–0087. Comments submitted for hearing may be postponed if hearing may be made through the in response to this notice should be additional time is deemed necessary to Commission’s web-based comment submitted electronically through the complete the Commission’s review, and system, a link to which is provided at Federal eRulemaking Portal at http:// items may be added up to ten days prior www.drbc.gov. Use of the web-based www.regulations.gov by selecting the to the hearing date. In reviewing docket system ensures that all submissions are Docket ID number or via postal mail, descriptions, the public is also asked to captured in a single location and their commercial delivery, or hand delivery. be aware that project details commonly receipt is acknowledged. Exceptions to Please note that comments submitted by change in the course of the the use of this system are available fax or email and those submitted after Commission’s review, which is ongoing. based on need, by writing to the the comment period will not be Public Meeting. The public business attention of the Commission Secretary, accepted. Written requests for meeting on December 12, 2018 will DRBC, P.O. Box 7360, 25 Cosey Road, information or comments submitted by

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postal mail or delivery should be their multi-tiered systems of support. DEPARTMENT OF EDUCATION addressed to the Director of the The IKAN and GloSS assessments were Information Collection Clearance designed for use in Grades K–8 (GaDOE, Submission of Data by State Division, U.S. Department of Education, 2015). Educational Agencies; Submission 550 12th Street SW, PCP, Room 9088, IKAN provides information on Dates for State Revenue and Washington, DC 20202–0023. students’ number knowledge (that is, Expenditure Reports for Fiscal Year FOR FURTHER INFORMATION CONTACT: For magnitude comparisons, knowledge of 2018, Revisions to Those Reports, and specific questions related to collection base 10 system and meaning of decimals Revisions to Prior Fiscal Year Reports and fractions), and the GloSS provides activities, please contact Felicia AGENCY: National Center for Education Sanders, 202–245–6264. information on strategies students use when solving mathematical problems. Statistics, Institute of Education SUPPLEMENTARY INFORMATION: The Sciences, Department of Education. Department of Education (ED), in When used together, the IKAN and ACTION: Notice. accordance with the Paperwork GloSS assessments furnish teachers Reduction Act of 1995 (PRA) (44 U.S.C. with information on how students solve mathematics problems and students’ SUMMARY: The Secretary announces 3506(c)(2)(A)), provides the general dates for State educational agencies public and Federal agencies with an understanding of whole and rational number concepts. Teachers can then use (SEAs) to submit expenditure and opportunity to comment on proposed, revenue data and average daily revised, and continuing collections of the information from the assessments to tailor their instruction to students’ attendance statistics on ED Form 2447 information. This helps the Department (the National Public Education assess the impact of its information levels of understanding and address problems that underlie lack of success Financial Survey (NPEFS)) for fiscal collection requirements and minimize year (FY) 2018, revisions to those the public’s reporting burden. It also with grade-level curriculum. The Georgia Department of Education reports, and revisions to reports for helps the public understand the (GaDOE) has received positive feedback previous fiscal years. The Secretary sets Department’s information collection through testimonials from district-level these dates to ensure that data are requirements and provide the requested personnel and math coaches supporting available to serve as the basis for timely data in the desired format. ED is the use of IKAN/GloSS. Yet, very distribution of Federal funds. The U.S. soliciting comments on the proposed limited psychometric data exists to Census Bureau is the data collection information collection request (ICR) that support the use of these measures. agent for this request of the Department is described below. The Department of GaDOE has not conducted reliability or of Education’s National Center for Education is especially interested in validity studies using its student Education Statistics (NCES). The data public comment addressing the population. While many studies have will be published by NCES and will be following issues: (1) Is this collection been conducted in New Zealand by the used by the Secretary in the calculation necessary to the proper functions of the Ministry of Education, participating of allocations for FY 2020 appropriated Department; (2) will this information be Georgia school districts and the GaDOE funds. processed and used in a timely manner; are interested in psychometric data DATES: SEAs can begin submitting data (3) is the estimate of burden accurate; using teachers and students in their on Thursday, January 31, 2019. SEAs (4) how might the Department enhance state in the context of their state system are urged to submit accurate and the quality, utility, and clarity of the of standards, assessments, and complete data by Friday, March 29, information to be collected; and (5) how accountability. Thus, through the 2019, to facilitate timely processing. The might the Department minimize the Improving Mathematics Research deadline for the final submission of all burden of this collection on the Alliance, the GaDOE requested REL data, including any revisions to respondents, including through the use Southeast conduct a study to determine previously submitted data for FY 2017 of information technology. Please note the reliability and validity of the IKAN/ and FY 2018, is Thursday, August 15, that written comments received in GloSS diagnostic assessments. 2019. Any resubmissions of FY 2017 or response to this notice will be The three research questions guiding FY 2018 data by SEAs in response to considered public records. the project relate to the inter-assessor requests for clarification or Title of Collection: A Study of reliability of the GloSS and IKAN reconciliation or other inquiries by Reliability and Consequential Validity assessments when administered by two NCES or the Census Bureau must be of a Mathematics Diagnostic Assessment assessors within a one-week period and completed as soon as possible, but no System in Georgia. the consequential validity of using OMB Control Number: 1850–NEW. later than Tuesday, September 3, 2019. IKAN and GloSS diagnostic assessments Type of Review: A new information All outstanding data issues must be (that is, teachers’ perception of their collection. reconciled or resolved by the SEAs, instructional utility for providing Respondents/Affected Public: NCES, and the Census Bureau as soon intervention). as possible, but no later than September Individuals or Households. Student data from the IKAN and Total Estimated Number of Annual 3, 2019. GloSS assessments administered by Responses: 44. ADDRESSES AND SUBMISSION INFORMATION: teachers and mathematics coaches will Total Estimated Number of Annual SEAs may mail ED Form 2447 to: U.S. be used to answer the two research Burden Hours: 606. Census Bureau, ATTENTION: Economic questions related to the inter-assessor Abstract: Several school districts in Reimbursable Surveys Division, 4600 reliability studies. Georgia (including Forsyth and Jefferson Silver Hill Road, Suitland, MD 20746. Counties) currently use the Individual Dated: October 25, 2018. If an SEA’s submission is received by Knowledge Assessment of Number Stephanie Valentine, the Census Bureau after August 15, (IKAN; New Zealand Ministry of Acting Director, Information Collection 2019, the SEA must show one of the Education, 2011) and the Global Clearance Division, Office of the Chief Privacy following as proof that the submission Strategy Stage (GloSS; New Zealand Officer, Office of Management. was mailed on or before that date: Ministry of Education, 2012) as part of [FR Doc. 2018–23763 Filed 10–30–18; 8:45 am] 1. A legibly dated U.S. Postal Service a diagnostic assessment system within BILLING CODE 4000–01–P postmark.

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2. A legible mail receipt with the date telephone (TTY), call the Federal Relay NCES or the Census Bureau must be of mailing stamped by the U.S. Postal Service, toll free, at 1–800–877–8339. completed by Tuesday, September 3, Service. SUPPLEMENTARY INFORMATION: Under 2019. Between August 15, 2019, and 3. A dated shipping label, invoice, or section 153(a)(1)(I) of the Education September 3, 2019, SEAs may also, on receipt from a commercial carrier. Sciences Reform Act of 2002, 20 U.S.C. their own initiative, resubmit data to 4. Any other proof of mailing 9543(a)(1)(I), which authorizes NCES to resolve issues not addressed in their acceptable to the Secretary. gather data on the financing and final submission of NPEFS data by If the SEA mails ED Form 2447 management of education, NCES August 15, 2019. All outstanding data through the U.S. Postal Service, the collects data annually from SEAs issues must be reconciled or resolved by Secretary does not accept either of the through ED Form 2447. The report from the SEAs, NCES, and the Census Bureau following as proof of mailing: SEAs includes attendance, revenue, and as soon as possible, but no later than 1. A private metered postmark. expenditure data from which NCES September 3, 2019. 2. A mail receipt that is not dated by determines a State’s ‘‘average per-pupil In order to facilitate timely the U.S. Postal Service. expenditure’’ (SPPE) for elementary and submission of data, the Census Bureau Note: The U.S. Postal Service does not secondary education, as defined in will send reminder notices to SEAs in uniformly provide a dated postmark. Before section 8101(2) of the Elementary and June and July of 2019. relying on this method, an SEA should check Secondary Education Act of 1965, as Having accurate, consistent, and with its local post office. amended (ESEA) (20 U.S.C. 7801(2)). timely information is critical to an In addition to using the SPPE data as SEAs may submit data online using efficient and fair Department of general information on the financing of the interactive survey form on the Education (Department) allocation elementary and secondary education, NPEFS data collection website at: http:// process and to the NCES statistical the Secretary uses these data directly in surveys.nces.ed.gov/ccdnpefs. The calculating allocations for certain process. To ensure timely distribution of NPEFS interactive survey includes a formula grant programs, including, but Federal education funds based on the digital confirmation page where a not limited to, title I, part A, of the best, most accurate data available, the personal identification number (PIN) ESEA, Impact Aid, and Indian Department establishes, for program may be entered. A successful entry of Education programs. Other programs, funding allocation purposes, Thursday, the PIN serves as a signature by the such as the Education for Homeless August 15, 2019, as the final date by authorizing official. Alternatively, a Children and Youth program under title which the SEAs must submit data using certification form also may be printed VII of the McKinney-Vento Homeless either the interactive survey form on the from the website, signed by the Assistance Act, and the Student Support NPEFS data collection website at: http:// authorizing official, and mailed to the and Academic Enrichment Grants under surveys.nces.ed.gov/ccdnpefs or ED Economic Reimbursable Surveys title IV, part A of the ESEA make use of Form 2447. Division of the Census Bureau at the SPPE data indirectly because their Any resubmissions of FY 2017 or FY Washington, DC, address provided formulas are based, in whole or in part, 2018 data by SEAs in response to above, within five business days after on State title I, part A, allocations. requests for clarification or submission of the NPEFS web In January 2019, the Census Bureau, reconciliation or other inquiries by interactive form. acting as the data collection agent for NCES or the Census Bureau must be Alternatively, SEAs may hand-deliver NCES, will email ED Form 2447 to completed through the interactive submissions by 4:00 p.m. Washington, SEAs, with instructions, and will survey form on the NPEFS data DC, time on August 15, 2019, to: U.S. request that SEAs commence submitting collection website or ED Form 2447 by Census Bureau, Economic Reimbursable FY 2018 data to the Census Bureau on Tuesday, September 3, 2019. If an SEA Surveys Division, 4600 Silver Hill Road, Thursday, January 31, 2019. SEAs are submits revised data after the final Suitland, MD 20746. urged to submit accurate and complete deadline that result in a lower SPPE FOR FURTHER INFORMATION CONTACT: data by Friday, March 29, 2019, to figure, the SEA’s allocations may be Stephen Q. Cornman, NPEFS Project facilitate timely processing. adjusted downward, or the Department Director, National Center for Education Submissions by SEAs to the Census may direct the SEA to return funds. Statistics, Institute of Education Bureau will be analyzed for accuracy SEAs should be aware that all of these Sciences, U.S. Department of Education. and returned to each SEA for data are subject to audit and that, if any Telephone: (202) 245–7753. Email: verification. SEAs must submit all data, inaccuracies are discovered in the audit [email protected]. You may also including any revisions to FY 2017 and process, the Department may seek contact an NPEFS team member at the FY 2018 data, to the Census Bureau no recovery of overpayments for the Census Bureau. Telephone: 1–800–437– later than Thursday, August 15, 2019. applicable programs. 4196 or (301) 763–1571. Email: Any resubmissions of FY 2017 or FY Note: The following are important dates in [email protected]. 2018 data by SEAs in response to the data collection process for FY 2018 data If you use a telecommunications requests for clarification or and revisions to reports for previous fiscal device for the deaf (TDD) or a text reconciliation or other inquiries by years:

Date Activity

January 31, 2019 ...... SEAs can begin to submit accurate and complete data for FY 2018 and revisions to previously submitted data for FY 2017. March 29, 2019 ...... Date by which SEAs are urged to submit accurate and complete data for FY 2017 and FY 2018. August 15, 2019 ...... Mandatory final submission date for FY 2017 and FY 2018 data to be used for program funding allocation purposes. September 3, 2019 ...... Mandatory final deadline for responses by SEAs to requests for clarification or reconciliation or other in- quiries by NCES or the Census Bureau. All data issues must be resolved.

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Accessible Format: Individuals with address: Shawna McQueen, Designated DEPARTMENT OF ENERGY disabilities may obtain this document in Federal Officer, U.S. Department of an accessible format (e.g., braille, large Energy, Office of Energy Efficiency and Agency Information Collection print, audiotape, or compact disc) on Renewable Energy, 1000 Independence Reinstatement, With Change request to: Stephen Q. Cornman, NPEFS Avenue SW, EE–3F, Washington, DC AGENCY: U.S. Department of Energy. Project Director, National Center for 20585. ACTION: Education Statistics, Institute of Notice and request for Education Sciences, U.S. Department of SUPPLEMENTARY INFORMATION: comments. Education. Telephone: (202) 245–7753. Purpose of the Committee: The SUMMARY: Under the provisions of the Email: [email protected]. Hydrogen and Fuel Cell Technical Paperwork Reduction Act, the Electronic Access to This Document: Advisory Committee (HTAC) was Department of Energy (DOE) will submit The official version of this document is established under section 807 of the a request to the Office of Management the document published in the Federal Energy Policy Act of 2005 (EPACT), and Budget (OMB) to review and Register. You may access the official Public Law 109–58; 119 Stat. 849, to approve a reinstatement, with change, of edition of the Federal Register and the provide advice and recommendations to a previously approved information Code of Federal Regulations via the the Secretary of Energy on the program collection for which approval has Federal Digital System at: www.gpo.gov/ authorized by Title VIII of EPACT. expired regarding reports required fdsys. At this site you can view this Tentative Agenda: (updates will be pursuant to the Technology Transfer document, as well as all other Commercialization Act of 2000. documents of this Department posted on the web at: http:// _ DATES: Comments regarding this published in the Federal Register, in hydrogen.energy.gov/advisory proposed information collection must text or Portable Document Format htac.html). be received on or before December 31, (PDF). To use PDF you must have • HTAC Business (including public 2018. If you anticipate difficulty in Adobe Acrobat Reader, which is comment period) submitting comments within that available free at the site. • You may also access documents of the DOE Leadership Updates period, please contact Phillip Department published in the Federal • Program and Budget Updates Harmonick, Attorney-Examiner, Office Register by using the article search • of Hearings and Appeals, as listed Updates from Federal/State below, as soon as possible. feature at: www.federalregister.gov. Governments and Industry ADDRESSES: Written comments may be Specifically, through the advanced • search feature at this site, you can limit HTAC Subcommittee Updates sent to Phillip Harmonick, Office of your search to documents published by • Open Discussion Period Hearings and Appeals, U.S. Department the Department. of Energy, 1000 Independence Avenue Public Participation: The meeting is SW, Washington, DC 20585; by fax at Authority: 20 U.S.C. 9543. open to the public. Individuals who (202) 287–1415, or by email at Dated: October 26, 2018. would like to attend and/or to make oral [email protected]. Please Mark Schneider, statements during the public comment refer to OMB Control No. 1910–5118 in Director of the Institute of Education period must register no later than 5:00 all correspondence. p.m. on Monday, December 3, 2018, by Sciences. FOR FURTHER INFORMATION CONTACT: email at [email protected]. Entry to the [FR Doc. 2018–23834 Filed 10–30–18; 8:45 am] Requests for additional information or meeting room will be restricted to those BILLING CODE 4000–01–P copies of the information collection who have confirmed their attendance in instrument and instructions should be advance. Please provide your name, directed to Phillip Harmonick at the organization, citizenship, and contact DEPARTMENT OF ENERGY address listed in ADDRESSES. information. Anyone attending the SUPPLEMENTARY INFORMATION: Hydrogen and Fuel Cell Technical meeting will be required to present Advisory Committee (HTAC) government-issued identification. Those A. Purpose wishing to make a public comment are AGENCY: Office of Energy Efficiency and DOE’s Alternative Dispute Resolution required to register. The public Office is one of four entities required by Renewable Energy, Department of comment period will take place between Energy. the Technology Transfer 8:30 a.m. and 9:00 a.m. on December 12, Commercialization Act of 2000 to ACTION: Notice of open meeting. 2018. Time allotted per speaker will collect reports from technology depend on the number who wish to SUMMARY: This notice announces an partnership ombudsmen at each DOE open meeting of the Hydrogen and Fuel speak but will not exceed five minutes. national laboratory. These reports are Cell Technical Advisory Committee Those not able to attend the meeting or intended to demonstrate the extent to (HTAC). The Federal Advisory have insufficient time to address the which each national laboratory has Committee Act requires notice of the committee are invited to send a written incorporated alternative dispute meeting be announced in the Federal statement to [email protected]. resolution techniques into its respective Register. Minutes: The minutes of the meeting technology transfer program. will be available for public review at DATES: Wednesday, December 12, 2018, _ B. Annual Reporting Burden 8:30 a.m.–5:15 p.m.; Thursday, http://hydrogen.energy.gov/advisory htac.html. DOE has previously collected reports December 13, 2018, 8:30 a.m.–12:00 from ombudsmen using a one-page Signed in Washington, DC, on October 26, p.m. form. DOE proposes replacing the 2018. ADDRESSES: National Renewable Energy existing form with a quarterly email Laboratory, 901 D Street SW, Suite 930, LaTanya Butler, concerning the number, nature, and Washington, DC 20024. Deputy Committee Management Officer. resolution of disputes raised, in a format FOR FURTHER INFORMATION CONTACT: [FR Doc. 2018–23811 Filed 10–30–18; 8:45 am] prescribed by DOE, from each Email: [email protected] or at the mailing BILLING CODE 6450–01–P technology partnership ombudsman.

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The following estimates of the annual Filed Date: 10/23/18. Comments Due: 5 p.m. ET 11/14/18. reporting burden reflect a reduced Accession Number: 20181023–5373. Docket Numbers: ER19–174–000. burden on the public: Comments Due: 5 p.m. ET 11/13/18. Applicants: PJM Interconnection, Respondents: 17. Docket Numbers: ER18–2495–002. L.L.C. Responses per Respondent: 4. Applicants: PacifiCorp. Description: § 205(d) Rate Filing: Annual Responses: 68. Description: Tariff Amendment: Amendment to WMPA SA No. 4503; Estimated Hours per Response: 0.25. Estimated Annual Burden Hours: 17. Amendment 2 to SA 907 Orion Wind Queue No. AB1–166 to be effective 6/ Estimated Cost per Hour: $50. E&P to be effective 9/19/2018. 27/2016. Estimated Startup and Maintenance Filed Date: 10/24/18. Filed Date: 10/24/18. Costs: $0. Accession Number: 20181024–5102. Accession Number: 20181024–5031. Estimated Annual Reporting Cost Comments Due: 5 p.m. ET 11/14/18. Comments Due: 5 p.m. ET 11/14/18. Burden: $850. Docket Numbers: ER19–168–000. Docket Numbers: ER19–175–000. Applicants: Midcontinent Applicants: Midcontinent C. Public Comments Independent System Operator, Inc., Independent System Operator, Inc., Comments are particularly invited on: ALLETE, Inc. ALLETE, Inc. (a) Whether the collection of Description: § 205(d) Rate Filing: Description: § 205(d) Rate Filing: information is necessary for the proper 2018–10–23_SA 3195 MP–GRE T–L IA 2018–10–24_SA 3197 MP–GRE T–L IA performance of the functions of the (Shoal Lake) to be effective 10/24/2018. (Pokegama) to be effective 10/25/2018. agency, including whether the Filed Date: 10/23/18. Filed Date: 10/24/18. information shall have practical utility; Accession Number: 20181023–5288. Accession Number: 20181024–5052. (b) the accuracy of the agency’s estimate Comments Due: 5 p.m. ET 11/13/18. Comments Due: 5 p.m. ET 11/14/18. of the burden of the proposed collection Docket Numbers: ER19–169–000. Docket Numbers: ER19–176–000. of information, including the validity of Applicants: ISO New England Inc., Applicants: Midcontinent the methodology and assumptions used; New England Power Pool Participants Independent System Operator, Inc., (c) ways to enhance the quality, utility, Committee. ALLETE, Inc. and clarity of the information to be Description: § 205(d) Rate Filing: ISO– Description: § 205(d) Rate Filing: collected; and (d) ways to minimize the NE and NEPOOL; Filing re CSO Cover 2018–10–24_SA 3196 MP–GRE T–L IA burden of the collection of information Changes to be effective 12/24/2018. (Shingobee) to be effective 10/25/2018. on respondents, including through the Filed Date: 10/23/18. Filed Date: 10/24/18. use of automated collection techniques Accession Number: 20181023–5303. Accession Number: 20181024–5057. or other forms of information Comments Due: 5 p.m. ET 11/13/18. Comments Due: 5 p.m. ET 11/14/18. technology. Requesters may obtain a copy of the Docket Numbers: ER19–170–000. Docket Numbers: ER19–177–000. information collection document from Applicants: Gateway Energy Storage, Applicants: Midcontinent Phillip Harmonick at the address listed LLC. Independent System Operator, Inc., in ADDRESSES. Description: Baseline eTariff Filing: ALLETE, Inc. Application for Market-Based Rate Description: § 205(d) Rate Filing: Statutory Authority: Section 11 of the Authorization and Request for Waivers 2018–10–24_SA 3198 MP–GRE T–L IA Technology Transfer Commercialization Act of 2000, Public Law 106–404, codified at 42 to be effective 10/24/2018. (Hill City) to be effective 10/25/2018. U.S.C. 7261c(c)(3)(C). Filed Date: 10/23/18. Filed Date: 10/24/18. Accession Number: 20181023–5334. Accession Number: 20181024–5061. Signed in Washington, DC, on October 25, 2018. Comments Due: 5 p.m. ET 11/13/18. Comments Due: 5 p.m. ET 11/14/18. Poli Marmolejos, Docket Numbers: ER19–171–000. Docket Numbers: ER19–178–000. Director, Office of Hearings and Appeals. Applicants: Southwestern Electric Applicants: PACE RENEWABLE Power Company. ENERGY 1 LLC. [FR Doc. 2018–23809 Filed 10–30–18; 8:45 am] Description: § 205(d) Rate Filing: Description: Baseline eTariff Filing: BILLING CODE 6450–01–P Amended and Restated NTEC PSA to be MBRA Tariff to be effective 10/25/2018. effective 5/31/2018. Filed Date: 10/24/18. DEPARTMENT OF ENERGY Filed Date: 10/23/18. Accession Number: 20181024–5067. Accession Number: 20181023–5336. Comments Due: 5 p.m. ET 11/14/18. Federal Energy Regulatory Comments Due: 5 p.m. ET 11/13/18. Docket Numbers: ER19–179–000. Commission Docket Numbers: ER19–172–000. Applicants: California Independent Applicants: Southern California System Operator Corporation. Combined Notice of Filings #1 Edison Company. Description: § 205(d) Rate Filing: Take notice that the Commission Description: § 205(d) Rate Filing: 2018–10–24 Transferred Frequency received the following electric rate Amended CLGIA Mammoth Pacific Casa Response Agreement with Bonneville to filings: Diablo 4—ITCC to be effective 1/1/2018. be effective 12/1/2018. Docket Numbers: ER17–814–002; Filed Date: 10/24/18. Filed Date: 10/24/18. ER17–815–002; ER17–816–002; ER10– Accession Number: 20181024–5000. Accession Number: 20181024–5091. 2606–013. Comments Due: 5 p.m. ET 11/14/18. Comments Due: 5 p.m. ET 11/14/18. Applicants: Verso Energy Services Docket Numbers: ER19–173–000. Docket Numbers: ER19–180–000. LLC, Verso Luke LLC, Verso Escanaba Applicants: Southern California Applicants: Metcalf Energy Center, LLC, Consolidated Water Power Edison Company. LLC. Company. Description: § 205(d) Rate Filing: Description: Tariff Cancellation: Description: Supplement to June 29, Amended LGIAs under TO Tariff—ITCC Termination of Rate Schedule FERC No. 2018 Updated Market Power Analysis of to be effective 1/1/2018. 1 to be effective 12/31/2018. the Verso Market-Based Rate Entities for Filed Date: 10/24/18. Filed Date: 10/24/18. Central Region. Accession Number: 20181024–5001. Accession Number: 20181024–5103.

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Comments Due: 5 p.m. ET 11/14/18. Energy Regulatory Commission, 888 Filings Instituting Proceedings Take notice that the Commission First Street NE, Washington, DC 20426, Docket Numbers: RP19–115–000. received the following electric securities in accordance with Rules 211 and 214 Applicants: Texas Eastern filings: of the Commission’s Rules of Practice Transmission, LP. Docket Numbers: ES19–3–000. and Procedure (18 CFR 385.211 and Description: § 4(d) Rate Filing: Applicants: New Hampshire 385.214). Anyone filing a motion to Negotiated Rate—Direct Energy 8953561 Transmission, LLC. intervene or protest must serve a copy to be effective 11/1/2018. Description: Application for of that document on the Applicant. Filed Date: 10/24/18. Authorization of Issuance of Long-Term Notice is hereby given that the Accession Number: 20181024–5023. Debt Securities under Section 204 of the deadline for filing protests with regard Comments Due: 5 p.m. ET 11/5/18. Federal Power Act, et al. of New to the applicant’s request for blanket Docket Numbers: RP19–116–000. Hampshire Transmission, LLC. authorization, under 18 CFR part 34, of Applicants: DTE Midstream Filed Date: 10/24/18. future issuances of securities and Appalachia, LLC. Accession Number: 20181024–5045. assumptions of liability, is November Description: § 4(d) Rate Filing: Tariff Comments Due: 5 p.m. ET 11/14/18. 14, 2018. Filing in Compliance Comm Order The filings are accessible in the The Commission encourages CP17–409 to be effective 11/30/2018. Commission’s eLibrary system by electronic submission of protests and Filed Date: 10/24/18. clicking on the links or querying the interventions in lieu of paper, using the Accession Number: 20181024–5130. docket number. FERC Online links at http:// Comments Due: 5 p.m. ET 11/5/18. Any person desiring to intervene or www.ferc.gov. To facilitate electronic Docket Numbers: RP19–117–000. protest in any of the above proceedings service, persons with internet access Applicants: Texas Eastern must file in accordance with Rules 211 who will eFile a document and/or be Transmission, LP. and 214 of the Commission’s listed as a contact for an intervenor Description: § 4(d) Rate Filing: PCB Regulations (18 CFR 385.211 and must create and validate an TETLP DEC 2018 Filing to be effective 385.214) on or before 5:00 p.m. Eastern eRegistration account using the 12/1/2018. time on the specified comment date. eRegistration link. Select the eFiling Filed Date: 10/24/18. Protests may be considered, but link to log on and submit the Accession Number: 20181024–5132. intervention is necessary to become a intervention or protests. Comments Due: 5 p.m. ET 11/5/18. party to the proceeding. eFiling is encouraged. More detailed Persons unable to file electronically Docket Numbers: RP19–118–000. information relating to filing should submit an original and 5 copies Applicants: Natural Gas Pipeline requirements, interventions, protests, of the intervention or protest to the Company of America. service, and qualifying facilities filings Federal Energy Regulatory Commission, Description: § 4(d) Rate Filing: can be found at: http://www.ferc.gov/ 888 First Street NE, Washington, DC Negotiated Rate Agreement- docs-filing/efiling/filing-req.pdf. For 20426. CapacityRelease Macquarie to be other information, call (866) 208–3676 The filings in the above-referenced effective 10/24/2018. (toll free). For TTY, call (202) 502–8659. proceeding are accessible in the Filed Date: 10/24/18. Commission’s eLibrary system by Accession Number: 20181024–5146. Dated: October 24, 2018. Comments Due: 5 p.m. ET 11/5/18. Nathaniel J. Davis, Sr., clicking on the appropriate link in the above list. They are also available for Docket Numbers: RP19–119–000. Deputy Secretary. electronic review in the Commission’s Applicants: Southern LNG Company, [FR Doc. 2018–23766 Filed 10–30–18; 8:45 am] Public Reference Room in Washington, L.L.C. BILLING CODE 6717–01–P DC. There is an eSubscription link on Description: § 4(d) Rate Filing: SLNG the website that enables subscribers to Electric Power Cost Adjustment—2018 to be effective 12/1/2018. DEPARTMENT OF ENERGY receive email notification when a document is added to a subscribed Filed Date: 10/25/18. Accession Number: 20181025–5018. Federal Energy Regulatory docket(s). For assistance with any FERC Comments Due: 5 p.m. ET 11/6/18. Commission Online service, please email [email protected] or call Docket Numbers: RP19–120–000. [Docket No. ER19–178–000] (866) 208–3676 (toll free). For TTY, call Applicants: OkTex Pipeline (202) 502–8659. Company, L.L.C. Pace Renewable Energy 1 LLC: Description: Pre-Arranged/Pre-Agreed Dated: October 25, 2018. Supplemental Notice That Initial (Petition for Approval of Settlement) Market-Based Rate Filing Includes Nathaniel J. Davis, Sr., Filing, et al. of OkTex Pipeline Request for Blanket Section 204 Deputy Secretary. Company, L.L.C. under RP19–120. Authorization [FR Doc. 2018–23767 Filed 10–30–18; 8:45 am] Filed Date: 10/24/18. This is a supplemental notice in the BILLING CODE 6717–01–P Accession Number: 20181024–5191. above-referenced proceeding of PACE Comments Due: 5 p.m. ET 11/5/18. The filings are accessible in the RENEWABLE ENERGY 1 LLC’s DEPARTMENT OF ENERGY application for market-based rate Commission’s eLibrary system by authority, with an accompanying rate Federal Energy Regulatory clicking on the links or querying the tariff, noting that such application Commission docket number. includes a request for blanket Any person desiring to intervene or authorization, under 18 CFR part 34, of Combined Notice of Filings protest in any of the above proceedings future issuances of securities and must file in accordance with Rules 211 assumptions of liability. Take notice that the Commission has and 214 of the Commission’s Any person desiring to intervene or to received the following Natural Gas Regulations (18 CFR 385.211 and protest should file with the Federal Pipeline Rate and Refund Report filings: § 385.214) on or before 5:00 p.m. Eastern

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time on the specified comment date. Federal Energy Regulatory Commission, f. Filed Pursuant to: 18 CFR 5.3 of the Protests may be considered, but 888 First Street NE, Washington, DC Commission’s regulations. intervention is necessary to become a 20426. g. Potential Applicant Contact: Ms. party to the proceeding. This filing is accessible on-line at Jody Smet, Cube Hydro Carolinas, 2 http://www.ferc.gov, using the eLibrary eFiling is encouraged. More detailed Bethesda Metro Center, Suite 1330, link and is available for review in the information relating to filing Bethesda, MD 20814; (804) 739–0654; Commission’s Public Reference Room in requirements, interventions, protests, email—[email protected]. service, and qualifying facilities filings Washington, DC. There is an can be found at: http://www.ferc.gov/ eSubscription link on the website that h. FERC Contact: Jody Callihan at docs-filing/efiling/filing-req.pdf. For enables subscribers to receive email (202) 502–8278; or email at other information, call (866) 208–3676 notification when a document is added [email protected]. (toll free). For TTY, call (202) 502–8659. to a subscribed docket(s). For assistance i. PE Hydro Generation, LLC filed its with any FERC Online service, please Dated: October 25, 2018. request to use the Traditional Licensing email [email protected], or Process on August 31, 2018, and Nathaniel J. Davis, Sr., call (866) 208–3676 (toll free). For TTY, Deputy Secretary. provided public notice of its request on call (202) 502–8659. September 13, 2018. In a letter dated [FR Doc. 2018–23774 Filed 10–30–18; 8:45 am] Comments: 5:00 p.m. Eastern Time on October 25, 2018, the Director of the BILLING CODE 6717–01–P November 16, 2018. Division of Hydropower Licensing Dated: October 25, 2018. approved PE Hydro Generation, LLC’s DEPARTMENT OF ENERGY Kimberly D. Bose, request to use the Traditional Licensing Secretary. Process. Federal Energy Regulatory [FR Doc. 2018–23768 Filed 10–30–18; 8:45 am] j. With this notice, we are initiating Commission BILLING CODE 6717–01–P informal consultation with the U.S. Fish [Docket No. AC19–9–000] and Wildlife Service and NOAA Fisheries under section 7 of the Notice of Filing; Avista Corporation DEPARTMENT OF ENERGY Endangered Species Act and the joint agency regulations thereunder at 50 Take notice that on October 17, 2018, Federal Energy Regulatory Commission CFR, Part 402; and NOAA Fisheries Avista Corporation filed a request under section 305(b) of the Magnuson- approval for electric companies to use [Project Nos. 2391–048, 2425–054, 2509– Stevens Fishery Conservation and Account 439, authorized by the 048] Management Act and implementing Financial Accounting Standards Board. regulations at 50 CFR 600.920. We are Notice of Intent To File License Any person desiring to intervene or to also initiating consultation with the Application, Filing of Pre-Application protest this filing must file in Virginia State Historic Preservation Document, Approving Use of the accordance with Rules 211 and 214 of Officer, as required by section 106, Traditional Licensing Process; PE the Commission’s Rules of Practice and National Historic Preservation Act, and Hydro Generation, LLC Procedure (18 CFR 385.211, 385.214). the implementing regulations of the Protests will be considered by the a. Type of Filing: Notice of Intent to Advisory Council on Historic Commission in determining the File License Application and Request to Preservation at 36 CFR 800.2. appropriate action to be taken, but will Use the Traditional Licensing Process. not serve to make protestants parties to k. With this notice, we are designating b. Project Nos.: 2391–048, 2425–054, PE Hydro Generation, LLC as the the proceeding. Any person wishing to and 2509–048. become a party must file a notice of Commission’s non-federal c. Date Filed: August 31, 2018. representative for carrying out informal intervention or motion to intervene, as d. Submitted by: PE Hydro consultation pursuant to section 7 of the appropriate. Such notices, motions, or Generation, LLC. protests must be filed on or before the e. Names and Locations of Projects: Endangered Species Act and section comment date. Anyone filing a motion Warren Hydroelectric Project No. 2391, 305(b) of the Magnuson-Stevens Fishery to intervene or protest must serve a copy located on the Shenandoah River, in Conservation and Management Act; and of that document on the Applicant. Warren County, Virginia. Luray and consultation pursuant to section 106 of The Commission encourages Newport Hydroelectric Project No. 2425, the National Historic Preservation Act. electronic submission of protests and located on the South Fork of the l. PE Hydro Generation, LLC filed a interventions in lieu of paper using the Shenandoah River, in Page County, Pre-Application Document (PAD; eFiling link at http://www.ferc.gov. Virginia. Shenandoah Hydroelectric including a proposed process plan and Persons unable to file electronically Project No. 2509, located on the South schedule) with the Commission, should submit an original and 5 copies Fork of the Shenandoah River in Page pursuant to 18 CFR 5.6 of the of the protest or intervention to the and Rockingham Counties, Virginia. Commission’s regulations.

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m. A copy of the PAD is available for Comments Due: 5 p.m. ET 11/5/18. Applicants: CPV Fairview, LLC, review at the Commission in the Public Docket Numbers: RP19–112–000. Russell City Energy Company, LLC, Reference Room or may be viewed on Applicants: Rockies Express Pipeline Caledonia Generating, LLC. the Commission’s website (http:// LLC. Description: Notification of Change of www.ferc.gov), using the eLibrary link. Description: § 4(d) Rate Filing: Neg GE Capital Global Holdings, LLC in Enter the docket number, excluding the Rate 2018–10–23 CP, Encana to be October 11, 2018 Request for last three digits in the docket number effective 10/23/2018. Authorization under Section 203 of the field to access the document. For Filed Date: 10/23/18. Federal Power Act. assistance, contact FERC Online Accession Number: 20181023–5243. Filed Date: 10/25/18. Support at FERCOnlineSupport@ Comments Due: 5 p.m. ET 11/5/18. Accession Number: 20181025–5045. ferc.gov, (866) 208–3676 (toll free), or Docket Numbers: RP19–113–000. Comments Due: 5 p.m. ET 11/5/18. (202) 502- 8659 (TTY). A copy is also Applicants: Iroquois Gas Take notice that the Commission available for inspection and Transmission System, L.P. received the following electric rate reproduction at the address in Description: § 4(d) Rate Filing: 102318 filings: paragraph g. Negotiated Rates—Mieco Inc. R–7080– Docket Numbers: ER18–2328–001. n. The licensee states its unequivocal 06 to be effective 11/1/2018. Applicants: Midcontinent intent to submit an application for new Filed Date: 10/23/18. Independent System Operator, Inc. licenses for Project Nos. 2391, 2425, and Accession Number: 20181023–5248. Description: Tariff Amendment: 2509. Pursuant to 18 CFR 16.8, 16.9, and Comments Due: 5 p.m. ET 11/5/18. 2018–10–24_Interconnection Agr 2nd 16.10 each application for a new license Docket Numbers: RP19–114–000. Amendment to Update Pro Forma and any competing license applications Applicants: Iroquois Gas Language to be effective 3/15/2018. must be filed with the Commission at Transmission System, L.P. Filed Date: 10/24/18. least 24 months prior to the expiration Description: § 4(d) Rate Filing: 102318 Accession Number: 20181024–5129. of the existing license. All applications Negotiated Rates—Mieco Inc. R–7080– Comments Due: 5 p.m. ET 11/14/18. for licenses for these projects must be 05 to be effective 11/1/2018. Docket Numbers: ER19–181–000. filed by December 31, 2021. Filed Date: 10/23/18. o. Register online at http:// Applicants: MidAmerican Energy Accession Number: 20181023–5249. Company. www.ferc.gov/docs-filing/ Comments Due: 5 p.m. ET 11/5/18. esubscription.asp to be notified via Description: § 205(d) Rate Filing: The filings are accessible in the email of new filing and issuances Remote LBA Gen. Interchange Agt. Commission’s eLibrary system by related to this or other pending projects. (Ivester Wind) to be effective 9/10/2018. clicking on the links or querying the Filed Date: 10/24/18. For assistance, contact FERC Online docket number. Accession Number: 20181024–5148. Support. Any person desiring to intervene or Comments Due: 5 p.m. ET 11/14/18. Dated: October 25, 2018. protest in any of the above proceedings Docket Numbers: ER19–182–000. Kimberly D. Bose, must file in accordance with Rules 211 Applicants: Midcontinent Secretary. and 214 of the Commission’s Independent System Operator, Inc. [FR Doc. 2018–23771 Filed 10–30–18; 8:45 am] Regulations (18 CFR 385.211 and Description: § 205(d) Rate Filing: BILLING CODE 6717–01–P 385.214) on or before 5:00 p.m. Eastern 2018–10–25_SA 3190 Alta Farms Wind- time on the specified comment date. Ameren Illinois GIA (J474) to be Protests may be considered, but effective 10/15/2018. DEPARTMENT OF ENERGY intervention is necessary to become a Filed Date: 10/25/18. party to the proceeding. Accession Number: 20181025–5042. Federal Energy Regulatory eFiling is encouraged. More detailed Comments Due: 5 p.m. ET 11/15/18. Commission information relating to filing Docket Numbers: ER19–183–000. requirements, interventions, protests, Applicants: NorthWestern Combined Notice of Filings service, and qualifying facilities filings Corporation. can be found at: http://www.ferc.gov/ Take notice that the Commission has Description: § 205(d) Rate Filing: docs-filing/efiling/filing-req.pdf. For received the following Natural Gas Revised Standard LGIA (Montana) to other information, call (866) 208–3676 Pipeline Rate and Refund Report filings: Remove Appendix G pursuant to Order (toll free). For TTY, call (202) 502–8659. Filings Instituting Proceedings No. 827 to be effective 12/26/2018. Dated: October 24, 2018. Filed Date: 10/25/18. Docket Numbers: RP19–110–000. Nathaniel J. Davis, Sr., Accession Number: 20181025–5058. Applicants: Sea Robin Pipeline Deputy Secretary. Comments Due: 5 p.m. ET 11/15/18. Company, LLC. Description: § 4(d) Rate Filing: Sea [FR Doc. 2018–23759 Filed 10–30–18; 8:45 am] Docket Numbers: ER19–184–000. Robin Housekeeping to be effective 11/ BILLING CODE 6717–01–P Applicants: NorthWestern 23/2018. Corporation. Filed Date: 10/23/18. Description: Notice of Cancellation of Accession Number: 20181023–5063. DEPARTMENT OF ENERGY Service Agreement No. 247 of Comments Due: 5 p.m. ET 11/5/18. Northwestern Corporation. Federal Energy Regulatory Filed Date: 10/25/18. Docket Numbers: RP19–111–000. Commission Applicants: Texas Eastern Accession Number: 20181025–5059. Transmission, LP. Combined Notice of Filings #1 Comments Due: 5 p.m. ET 11/15/18. Description: § 4(d) Rate Filing: Docket Numbers: ER19–185–000. Negotiated Rate—Entergy 911521 to be Take notice that the Commission Applicants: NorthWestern effective 12/1/2018. received the following electric corporate Corporation. Filed Date: 10/23/18. filings: Description: § 205(d) Rate Filing: Accession Number: 20181023–5193. Docket Numbers: EC19–9–000. Revised LGIA (South Dakota) to remove

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Appendix G pursuant to Order No. 827 Comments Due: 5 p.m. ET 11/15/18. assistance, contact FERC Online to be effective 12/26/2018. The filings are accessible in the Support at FERCOnlineSupport@ Filed Date: 10/25/18. Commission’s eLibrary system by ferc.gov, toll-free at (866) 208–3676, or Accession Number: 20181025–5066. clicking on the links or querying the (202) 502–8659 (TTY). Comments Due: 5 p.m. ET 11/15/18. docket number. You may also register online at http:// Docket Numbers: ER19–186–000. Any person desiring to intervene or www.ferc.gov/docs-filing/ Applicants: Midcontinent protest in any of the above proceedings esubscription.asp to be notified via Independent System Operator, Inc. must file in accordance with Rules 211 email of new filings and issuances Description: § 205(d) Rate Filing: and 214 of the Commission’s related to this or other pending projects. 2018–10–25_SA 3199 ATC–WPL EFCA Regulations (18 CFR 385.211 and For assistance, contact FERC Online (Northern Lights) to be effective 12/25/ 385.214) on or before 5:00 p.m. Eastern Support. 2018. time on the specified comment date. Any comments should be filed within Filed Date: 10/25/18. Protests may be considered, but 30 days of the issuance date of the EA Accession Number: 20181025–5071. intervention is necessary to become a or by November 24, 2018. Comments Due: 5 p.m. ET 11/15/18. party to the proceeding. The Commission strongly encourages Docket Numbers: ER19–187–000. eFiling is encouraged. More detailed electronic filing. Please file comments Applicants: PJM Interconnection, information relating to filing using the Commission’s eFiling system L.L.C. requirements, interventions, protests, at http://www.ferc.gov/docs-filing/ Description: § 205(d) Rate Filing: 3rd service, and qualifying facilities filings efiling.asp. Commenters can submit Quarterly 2018 Revisions to OA, Sch. 12 can be found at: http://www.ferc.gov/ brief comments up to 6,000 characters, and RAA, Sch. 17 Members Lists to be docs-filing/efiling/filing-req.pdf. For without prior registration, using the effective 9/30/2018. other information, call (866) 208–3676 eComment system at http:// Filed Date: 10/25/18. (toll free). For TTY, call (202) 502–8659. www.ferc.gov/docs-filing/ Accession Number: 20181025–5072. Dated: October 25, 2018. ecomment.asp. You must include your name and contact information at the end Comments Due: 5 p.m. ET 11/15/18. Nathaniel J. Davis, Sr., of your comments. For assistance, Docket Numbers: ER19–188–000. Deputy Secretary. Applicants: California Independent please contact FERC Online Support. In [FR Doc. 2018–23741 Filed 10–30–18; 8:45 am] lieu of electronic filing, please send a System Operator Corporation. BILLING CODE 6717–01–P Description: § 205(d) Rate Filing: paper copy to: Secretary, Federal Energy 2018–10–25 Transferred Frequency Regulatory Commission, 888 First Street NE, Washington, DC 20426. The first Response Agreement with Powerex DEPARTMENT OF ENERGY Corp. to be effective 12/1/2018. page of any filing should include docket Filed Date: 10/25/18. Federal Energy Regulatory number P–14858–001. Accession Number: 20181025–5076. Commission For further information, please Comments Due: 5 p.m. ET 11/15/18. contact Sean Murphy by telephone at [Project Nos. 14858–001 and 4093–035] (202) 502–6145 or by email at Docket Numbers: ER19–189–000. [email protected]. Applicants: Gilroy Energy Center, Notice of Availability of Environmental LLC. Assessment; McMahan Hydroelectric, Dated: October 25, 2018. Description: § 205(d) Rate Filing: LLC Kimberly D. Bose, Revised RMR Agreement Filing to be Secretary. effective 1/1/2019. In accordance with the National [FR Doc. 2018–23772 Filed 10–30–18; 8:45 am] Environmental Policy Act of 1969 and Filed Date: 10/25/18. BILLING CODE 6717–01–P Accession Number: 20181025–5111. the Federal Energy Regulatory Comments Due: 5 p.m. ET 11/15/18. Commission’s (Commission) regulations, 18 CFR part 380, the Office Docket Numbers: ER19–190–000. DEPARTMENT OF ENERGY of Energy Projects has reviewed the Applicants: California Independent application for the Bynum Hydroelectric Federal Energy Regulatory System Operator Corporation. Project, located on the Haw River, in Commission Description: § 205(d) Rate Filing: Chatham County, North Carolina, and 2018–10–25 Transferred Frequency has prepared an Environmental [Docket No. IC18–18–000] Response Agreement with City of Assessment (EA) for the project. The Seattle to be effective 12/1/2018. Commission Information Collection project would not occupy federal land. Activities (FERC–545 and FERC–549C); Filed Date: 10/25/18. The EA contains the staff’s analysis of Accession Number: 20181025–5144. Consolidated Comment Request; the potential environmental impacts of Extension Comments Due: 5 p.m. ET 11/15/18. the project and concludes that licensing Take notice that the Commission the project, with appropriate AGENCY: Federal Energy Regulatory received the following electric environmental protective measures, Commission, Department of Energy. reliability filings: would not constitute a major federal ACTION: Comment request. Docket Numbers: RD19–1–000. action that would significantly affect the Applicants: North American Electric quality of the human environment. SUMMARY: In compliance with the Reliability Corporation. A copy of the EA is available for requirements of the Paperwork Description: Filing of the North review at the Commission in the Public Reduction Act of 1995, the Federal American Electric Reliability Reference Room or may be viewed on Energy Regulatory Commission Corporation for revisions to the the Commission’s website at http:// (Commission or FERC) is submitting its Implementation Plans for MOD–026–1 www.ferc.gov using the eLibrary link. information collections FERC–545 [Gas and MOD–027–1 Reliability Standards. Enter the docket number, excluding the Pipeline Rates: Rate Change (Non- Filed Date: 10/12/18. last three digits, in the docket number formal)] and FERC–549C (Standards for Accession Number: 20181012–5113. field to access the document. For Business Practices of Interstate Natural

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Gas Pipelines) to the Office of at [email protected], by appropriate to carry out provisions of Management and Budget (OMB) for telephone at (202) 502–8663, and by fax [the NGA].’’ In other words, section 16 review of the information collection at (202) 273–0873. of the NGA grants the Commission the requirements. Any interested person SUPPLEMENTARY INFORMATION: power to define accounting, technical may file comments directly with OMB and trade terms, prescribe forms, and should address a copy of those FERC–545, Gas Pipeline Rates: Rate statements, declarations or reports, and comments to the Commission as Change (Non-formal) to prescribe rules and regulations. explained below. The Commission Title: FERC–545, Gas Pipeline Rates: Pipelines adjust their tariffs to meet previously issued a Notice in the Rate Change (Non-formal). market and customer needs. The Federal Register on August 16, 2018, OMB Control No.: 1902–0154. Commission’s review of these proposed requesting public comments. The Type of Request: Three-year extension changes is required to ensure rates Commission received no comments on of the FERC–545 information collection remain just and reasonable and that either the FERC–545 or the FERC–549C requirements with no changes to the services are not provided in an unduly and will make this notation in its current reporting requirements. or preferential manner. The submittals to OMB. Abstract: FERC–545 is required to Commission’s regulations in 18 CFR DATES: Comments on the collections of implement sections 4, 5, and 16 of the part 154 specify what changes are information are due by November 30, Natural Gas Act (NGA), (15 U.S.C. 717c– allowed and the procedures for 2018. 717o, Pub. L. 75688, 52 Stat. 822 and requesting Commission approval. 830). NGA sections 4, 5, and 16 The Commission uses information in ADDRESSES: Comments filed with OMB, authorize the Commission to inquire FERC–545 to examine rates, services, identified by the OMB Control No. into rate structures and methodologies and tariff provisions related to natural 1902–0154 (FERC–545) and 1902–0174 and to set rates at a just and reasonable gas transportation and storage services. (FERC–549C), should be sent via email level. Specifically, a natural gas The following filing categories are part to the Office of Information and company must obtain Commission _ of FERC–545: (1) Tariff Filings—filings Regulatory Affairs: oira submission@ authorization for all rates and charges regarding proposed changes to a omb.gov. Attention: Federal Energy made, demanded, or received in pipeline’s tariff (including Cost Regulatory Commission Desk Officer. connection with the transportation or Recovery Mechanisms for The Desk Officer may also be reached sale of natural gas in interstate Modernization of Natural Gas Facilities via telephone at 202–395–8528. commerce. filings in Docket No. PL15–1) and any A copy of the comments should also Under the NGA, a natural gas related compliance filings; (2) Rate be sent to the Commission, in Docket company’s rates must be just and Filings—rate-related filings under NGA No. IC18–18–000, by either of the reasonable and not unduly sections 4 and 5 and any related following methods: discriminatory or preferential. The • compliance filings and settlements; (3) eFiling at Commission’s Website: Commission may act under different Informational Reports; (4) Negotiated http://www.ferc.gov/docs-filing/ sections of the NGA to effect a change Rate and Non-Conforming Agreement efiling.asp. in a natural gas company’s rates. When • Filings; and (6) Market-Based Rates for Mail/Hand Delivery/Courier: the Commission reviews rate increases Storage Filings (Part 284.501–505). One- Federal Energy Regulatory Commission, that a natural gas company has time compliance filings mandated in Secretary of the Commission, 888 First proposed, it is subject to the Order No. 587–W (Docket Nos. RM96– Street NE, Washington, DC 20426. requirement of section 4(e) of the NGA. 1–038 and RM14–2–003) and Order No. Instructions: All submissions must be Under section 4(e), the natural gas 801 (Docket No. RM14–21–000) are formatted and filed in accordance with company bears the burden of proving excluded from this data collection submission guidelines at: http:// that its proposed rates are just and renewal. www.ferc.gov/help/submission- reasonable. On the other hand, when the guide.asp. For user assistance contact Commission seeks to impose its own Type of Respondents: Natural gas FERC Online Support by email at rate determination, it must do so in pipelines under the jurisdiction of NGA. [email protected], or by phone compliance with section 5(a) of the Estimate of Annual Burden: 1 The at: (866) 208–3676 (toll-free), or (202) NGA. Under section 5, the Commission Commission estimates the annual public 502–8659 for TTY. must first establish that its alternative reporting burden and cost for the Docket: Users interested in receiving rate proposal is both just and information collection as: automatic notification of activity in this reasonable. docket or in viewing/downloading Section 16 of the NGA states that the 1 Burden is defined as the total time, effort, or comments and issuances in this docket Commission ‘‘shall have the power to financial resources expended by persons to may do so at http://www.ferc.gov/docs- perform any and all acts, and to generate, maintain, retain, or disclose or provide filing/docs-filing.asp. information to or for a Federal agency. For further prescribe, issue, make, amend, and explanation of what is included in the information FOR FURTHER INFORMATION CONTACT: rescind such orders, rules, and collection burden, refer to 5 Code of Federal Ellen Brown may be reached by email regulations as it may find necessary or Regulations 1320.3.

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FERC–545—GAS PIPELINE RATES: RATE CHANGE (NON-FORMAL)

Average burden Total annual burden Average hours and total Cost per Number of number of Total hours and cost respondent number of ($) annual cost ($) respondents responses per responses (rounded) ($) respondent (rounded) 5 per response 34 (rounded)

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

Tariff Filings ...... 124 2.597 322 211 hrs.; $24,054 .... 67,942 hrs.; $7,745,388 ...... $62,463 Rate Filings ...... 17 1.412 24 354 hrs.; $40,356 .... 8,496 hrs.; $968,544 ...... 56,973 Informational Reports .... 101 2.347 237 235 hrs.; $26,790 .... 55,695 hrs.; $6,349,230 ...... 62,864 Negotiated Rates & 65 9.923 645 233 hrs.; $26,562 .... 150,285 hrs.; $17,132,490 ... 263,577 Non-Conforming Agreement Filings. Market-Base Rates for 4 1 4 230 hrs.; $26,220 .... 920 hrs.; $104,880 ...... 26,220 Storage Filings. Total ...... 1,232 ...... 283,338 hrs.; $32,300,532 ......

FERC–549C, Standards for Business the efficiency of the gas market and the from the retail and wholesale natural Practices of Interstate Natural Gas means by which the gas industry gas and electric industries. NAESB’s Pipelines conducts business across the interstate mission is to take the lead in developing OMB Control No.: 1902–0174. pipeline grid. standards across these industries to Abstract: The business practice In various orders since 1996, the simplify and expand electronic standards under FERC–549C are Commission has adopted regulations to communication and to streamline required to carry out the Commission’s standardize the business practices and business practices. NAESB’s core policies in accordance with the general communication methodologies of objective is to facilitate a seamless North authority in sections 4, 5, 7, 8, 10, 14, interstate natural gas pipelines. These American marketplace for natural gas, 16, and 20 of the Natural Gas Act standards were proposed by the North as recognized by its customers, the (NGA), 6 and sections 311, 501, and 504 American Energy Standards Board business community, industry 8 of the Natural Gas Policy Act of 1978 (NAESB ) in order to create a more participants, and regulatory bodies. (NGPA). 7 The Commission adopted integrated and efficient pipeline industry.9 Generally, when and if NAESB has divided its efforts among these business practice standards in four quadrants including two retail order to update and standardize the NAESB-proposed standards (e.g. consensus standards developed by the quadrants, a wholesale electric natural gas industry’s business practices quadrant, and the WGQ. The NAESB and procedures in addition to improve Wholesale Gas Quadrant (WGQ)) are approved by the Commission, the WGQ standards are a product of this effort. Industry participants seeking 2 The average number of responses per Commission incorporates them by respondent was calculated by dividing the total reference into its approval. The process additional or amended standards (to number of responses (Column 3) in each category of standardizing business practices in include principles, definitions, by the number of respondents (Column 1). the natural gas industry began with a standards, data elements, process 3 The estimated hourly cost (salary plus benefits) Commission initiative to standardize descriptions, and technical provided in this section is based on the salary implementation instructions) must figures (http://www.bls.gov/oes/current/naics2_ electronic communication of capacity 22.htm) and benefits (http://www.bls.gov/ release transactions. The outgrowth of submit a request to the NAESB office, news.release/ecec.nr0.htm) for May 2017 posted by the initial Commission standardization detailing the change, so that the the Bureau of Labor Statistics for the Utilities efforts produced working groups appropriate process may take place to sector. The hourly estimates for salary plus benefits amend the standards. are: composed of all segments of the natural Computer and Mathematical (Occupation Code: gas industry and, ultimately, the Gas Failure to collect the FERC–549C data 15–0000), $63.25. Industry Standards Board (GISB), a would prevent the Commission from Economist (Occupation Code: 19–3011), $71.98. consensus organization open to all monitoring and properly evaluating Legal (Occupation Code: 23–0000), $143.68. members of the gas industry, was pipeline transactions and/or meeting Accountants and Auditors: 13–2011), $56.59. created. GISB was succeeded by statutory obligations under both the The average hourly cost (salary plus benefits) is NAESB. calculated weighting each of the aforementioned NGA and NGPA. wage categories as follows: $63.25 (0.05) + $71.98 NAESB is a voluntary non-profit (0.3) + $143.68 (0.6) + $56.59 (0.05) = $113.79. The organization comprised of members Type of Respondent: Natural gas Commission rounds it to $114/hour. pipelines under the jurisdictions of 4 The average costs are rounded to the nearest 8 A standards organization accredited by the NGA and NGPA. dollar. American National Standards Institute (ANSI). Estimate of Annual Burden: The 5 The average costs per respondent are rounded 9 This series of orders began with the to the nearest dollar. Commission’s issuance of Standards for Business Commission estimates the annual public 6 15 U.S.C. 717c–717w. Practices of Interstate Natural Gas Pipelines, Order reporting burden and cost for the 7 15 U.S.C. 3301–3432. No. 587, FERC Stats. & Regs. 31,038 (1996). information collection as:

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FERC–549C: STANDARDS FOR BUSINESS PRACTICES OF INTERSTATE NATURAL GAS PIPELINES

Average Total annual burden Cost per Average Total burden Number of number of hours & total respondent number of hrs. & cost annual cost (rounded) respondents responses per responses ($) respondent 10 ($) ($) per response 11

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

Standards for Business 165 2.97 490 96 hrs.; $8,928 ...... 47,040 hrs.; $4,374,720 ...... $26,513 Practices of Interstate Natural Gas Pipelines.

Comments: Comments are invited on: DEPARTMENT OF ENERGY 888 First Street NE, Washington, DC (1) Whether either collection of 20426. information is necessary for the proper Federal Energy Regulatory The filings in the above-referenced performance of the functions of the Commission proceeding are accessible in the Commission, including whether the [Docket No. ER19–170–000] Commission’s eLibrary system by information will have practical utility; clicking on the appropriate link in the (2) the accuracy of the agency’s Supplemental Notice That Initial above list. They are also available for estimates of the burden and costs of the Market-Based Rate Filing Includes electronic review in the Commission’s Public Reference Room in Washington, collection of information, including the Request for Blanket Section 204 DC. There is an eSubscription link on validity of the methodology and Authorization: Gateway Energy Storage, LLC the website that enables subscribers to assumptions used on each collection; (3) receive email notification when a ways to enhance the quality, utility and This is a supplemental notice in the document is added to a subscribed clarity of either information collection; above-referenced proceeding of Gateway docket(s). For assistance with any FERC and (4) ways to minimize the burden of Energy Storage, LLC’s application for Online service, please email either collection of information on those market-based rate authority, with an [email protected] or call who are to respond, including the use accompanying rate tariff, noting that (866) 208–3676 (toll free). For TTY, call of automated collection techniques or such application includes a request for (202) 502–8659. other forms of information technology. blanket authorization, under 18 CFR Dated: October 25, 2018. Dated: October 25, 2018. part 34, of future issuances of securities Nathaniel J. Davis, Sr., and assumptions of liability. Deputy Secretary. Kimberly D. Bose, Any person desiring to intervene or to Secretary. protest should file with the Federal [FR Doc. 2018–23749 Filed 10–30–18; 8:45 am] [FR Doc. 2018–23770 Filed 10–30–18; 8:45 am] Energy Regulatory Commission, 888 BILLING CODE 6717–01–P BILLING CODE 6717–01–P First Street NE, Washington, DC 20426, in accordance with Rules 211 and 214 DEPARTMENT OF ENERGY of the Commission’s Rules of Practice and Procedure (18 CFR 385.211 and Federal Energy Regulatory 385.214). Anyone filing a motion to Commission intervene or protest must serve a copy of that document on the Applicant. [Docket No. CD19–1–000] Notice is hereby given that the Notice of Preliminary Determination of deadline for filing protests with regard a Qualifying Conduit Hydropower to the applicant’s request for blanket Facility and Soliciting Comments and 10 The average number of responses per authorization, under 18 CFR part 34, of Motions To Intervene; Haights Creek respondent were calculated by dividing the total future issuances of securities and Irrigation Company number of responses (Column 3) in each category assumptions of liability, is November by the number of responses (Column 1). 14, 2018. On October 12, 2018, the Haights 11 The estimated hourly cost (salary plus benefits) The Commission encourages Creek Irrigation Company, filed a notice provided in this section is based on the salary figures (http://www.bls.gov/oes/current/naics2_ electronic submission of protests and of intent to construct a qualifying 22.htm) and benefits (http://www.bls.gov/ interventions in lieu of paper, using the conduit hydropower facility, pursuant news.release/ecec.nr0.htm) for May 2017 posted by FERC Online links at http:// to section 30 of the Federal Power Act the Bureau of Labor Statistics for the Utilities www.ferc.gov. To facilitate electronic (FPA), as amended by section 4 of the sector. The hourly estimates for salary plus benefits service, persons with internet access Hydropower Regulatory Efficiency Act are: who will eFile a document and/or be of 2013 (HREA). The proposed Haights Petroleum Engineer (Occupation Code: 17–2171), listed as a contact for an intervenor Creek Micro-Hydropower Project would $71.62 must create and validate an have a total installed capacity up to 24 Computer Systems Analyst (Occupation Code: eRegistration account using the kilowatts (kW), and would be located on 15–1121), $67.82 eRegistration link. Select the eFiling the existing Haights Creek Irrigation Legal (Occupation Code: 23–0000), $143.68 link to log on and submit the Pipeline. The project would be located Economist (Occupation Code: 19–3011), $71.98 intervention or protests. The average hourly cost (salary plus benefits) is near the City of Kaysville in Davis calculated weighting each of the aforementioned Persons unable to file electronically County, Utah. wage categories as follows: $71.62 (0.3) + $143.68 should submit an original and 5 copies Applicant Contact: Dan Robinson, (0.3) + $67.82 (0.15) + $71.98 (0.25) = $92.76. The of the intervention or protest to the Haights Creek Irrigation Company, 820 Commission rounds it to $93/hour. Federal Energy Regulatory Commission, East 200 North, Kaysville, UT 84037,

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Phone No. (801) 546–4242, email: dan@ project would consist of: (1) Up to six generation of up to 105.42 megawatt- haightscreek.comcastbiz. 4-kW turbine-generators connected to an hours. FERC Contact: Robert Bell, Phone No. existing irrigation pipeline with a total A qualifying conduit hydropower (202) 502–6062; Email: robert.bell@ generating capacity of up to 24 kW, and facility is one that is determined or ferc.gov. (2) appurtenant facilities. The proposed deemed to meet all of the criteria shown Qualifying Conduit Hydropower project would have an estimated annual Facility Description: The proposed in the table below.

TABLE 1—CRITERIA FOR QUALIFYING CONDUIT HYDROPOWER FACILITY

Satisfies Statutory provision Description (Y/N)

FPA 30(a)(3)(A), as amended The conduit the facility uses is a tunnel, canal, pipeline, aqueduct, flume, ditch, or similar man- Y by HREA. made water conveyance that is operated for the distribution of water for agricultural, munic- ipal, or industrial consumption and not primarily for the generation of electricity. FPA 30(a)(3)(C)(i), as amended The facility is constructed, operated, or maintained for the generation of electric power and Y by HREA. uses for such generation only the hydroelectric potential of a non-federally owned conduit. FPA 30(a)(3)(C)(ii), as amended The facility has an installed capacity that does not exceed 5 megawatts ...... Y by HREA. FPA 30(a)(3)(C)(iii), as amend- On or before August 9, 2013, the facility is not licensed, or exempted from the licensing re- Y ed by HREA. quirements of Part I of the FPA.

Preliminary Determination: The Commission’s regulations.1 All 3676 or email FERCOnlineSupport@ proposed Haights Creek Micro- comments contesting Commission staff’s ferc.gov. For TTY, call (202) 502–8659. Hydropower Project will not interfere preliminary determination that the Dated: October 25, 2018. facility meets the qualifying criteria with the primary purpose of the Kimberly D. Bose, conduit, which is to transport water for must set forth their evidentiary basis. Secretary. irrigation by filling an equalizing The Commission strongly encourages reservoir, which in turn provides electronic filing. Please file motions to [FR Doc. 2018–23769 Filed 10–30–18; 8:45 am] pressure for an irrigation zone in their intervene and comments using the BILLING CODE 6717–01–P service area. Therefore, based upon the Commission’s eFiling system at http:// above criteria, Commission staff www.ferc.gov/docs-filing/efiling.asp. preliminarily determines that the Commenters can submit brief comments ENVIRONMENTAL PROTECTION proposal satisfies the requirements for a up to 6,000 characters, without prior AGENCY qualifying conduit hydropower facility, registration, using the eComment system at http://www.ferc.gov/docs-filing/ [EPA–HQ–OECA–2014–0096; FRL–9984– which is not required to be licensed or 04–OEI] exempted from licensing. ecomment.asp. You must include your Comments and Motions to Intervene: name and contact information at the end Information Collection Request Deadline for filing comments contesting of your comments. For assistance, Submitted to OMB for Review and whether the facility meets the qualifying please contact FERC Online Support at Approval; Comment Request; NESHAP criteria is 45 days from the issuance [email protected], (866) for Iron and Steel Foundries Area date of this notice. 208–3676 (toll free), or (202) 502–8659 Sources (Renewal) Deadline for filing motions to (TTY). In lieu of electronic filing, please AGENCY: Environmental Protection intervene is 30 days from the issuance send a paper copy to: Secretary, Federal Agency (EPA). date of this notice. Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426. Anyone may submit comments or a ACTION: Notice. A copy of all other filings in reference motion to intervene in accordance with to this application must be accompanied SUMMARY: The Environmental Protection the requirements of Rules of Practice by proof of service on all persons listed Agency (EPA) has submitted an and Procedure, 18 CFR 385.210 and in the service list prepared by the information collection request (ICR), 385.214. Any motions to intervene must Commission in this proceeding, in NESHAP for Iron and Steel Foundries be received on or before the specified accordance with 18 CFR 4.34(b) and Area Sources (EPA ICR Number deadline date for the particular 385.2010. 2267.05, OMB Control number 2060– proceeding. Locations of Notice of Intent: Copies 0605), to the Office of Management and Filing and Service of Responsive of the notice of intent can be obtained Budget (OMB) for review and approval Documents: All filings must (1) bear in directly from the applicant or such in accordance with the Paperwork all capital letters the COMMENTS copies can be viewed and reproduced at Reduction Act. This is a proposed CONTESTING QUALIFICATION FOR A the Commission in its Public Reference extension of the ICR, which is currently CONDUIT HYDROPOWER FACILITY or Room, Room 2A, 888 First Street NE, approved through November 30, 2018. MOTION TO INTERVENE, as Washington, DC 20426. The filing may Public comments were previously applicable; (2) state in the heading the also be viewed on the web at http:// requested via the Federal Register on name of the applicant and the project www.ferc.gov/docs-filing/elibrary.asp June 29, 2017 during a 60-day comment number of the application to which the using the eLibrary link. Enter the docket period. This notice allows for an filing responds; (3) state the name, number (i.e., CD19–1) in the docket additional 30 days for public comments. address, and telephone number of the number field to access the document. A fuller description of the ICR is given person filing; and (4) otherwise comply For assistance, call toll-free 1–866–208– below, including its estimated burden with the requirements of sections and cost to the public. An agency may 385.2001 through 385.2005 of the 1 18 CFR 385.2001–2005 (2018). neither conduct nor sponsor, and a

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person is not required to respond to, a classified as small foundries. Research ENVIRONMENTAL PROTECTION collection of information unless it and development facilities are not AGENCY displays a currently valid OMB control covered by the rule. New facilities number. [EPA–HQ–OAR–2004–0489; FRL–9984–88– include those that commenced OEI] DATES: Additional comments may be construction, modification or submitted on or before November 30, reconstruction after the date of proposal. Information Collection Request 2018. In general, all NESHAP standards Submitted to OMB for Review and ADDRESSES: Submit your comments, require initial notifications, Approval; Comment Request; Air referencing Docket ID Number EPA– performance tests, and periodic reports Emissions Reporting Requirements HQ–OECA–2014–0096 to: (1) EPA by the owners/operators of the affected (AERR) (Renewal) online using www.regulations.gov (our facilities. They are also required to AGENCY: Environmental Protection preferred method), or by email to maintain records of the occurrence and Agency (EPA). [email protected], or by mail to: EPA duration of any startup, shutdown, or ACTION: Notice. Docket Center, Environmental malfunction in the operation of an Protection Agency, Mail Code 28221T, affected facility, or any period during SUMMARY: The Environmental Protection 1200 Pennsylvania Ave. NW, which the monitoring system is Agency (EPA) has submitted an Washington, DC 20460; and (2) OMB via information collection request (ICR), Air _ inoperative. These notifications, reports, email to oira [email protected]. and records are essential in determining Emissions Reporting Requirements Address comments to OMB Desk Officer compliance with 40 CFR part 63, (AERR) (EPA ICR No. 2170.07, OMB for EPA. subpart ZZZZZ. Control No. 2060–0580) to the Office of EPA’s policy is that all comments Management and Budget (OMB) for Form Numbers: None. received will be included in the public review and approval in accordance with docket without change, including any Respondents/affected entities: Iron the Paperwork Reduction Act. This is a personal information provided, unless and steel foundries. proposed extension of the ICR, which is the comment includes profanity, threats, currently approved through December information claimed to be Confidential Respondent’s obligation to respond: 31, 2018. Public comments were Business Information (CBI), or other Mandatory (40 CFR part 63, subpart previously requested via the Federal information whose disclosure is ZZZZZ). Register on July 10, 2018, during a 60- restricted by statute. Estimated number of respondents: day comment period. This notice allows FOR FURTHER INFORMATION CONTACT: 392 (total). for an additional 30 days for public Patrick Yellin, Monitoring, Assistance, Frequency of response: Initially, comments. A fuller description of the and Media Programs Division, Office of occasionally, quarterly, semiannually, ICR is given below, including its Compliance, Mail Code 2227A, and annually. estimated burden and cost to the public. Environmental Protection Agency, 1200 Total estimated burden: 9,140 hours An Agency may not conduct or sponsor Pennsylvania Ave. NW, Washington, DC and a person is not required to respond 20460; telephone number: (202) 564– (per year). Burden is defined at 5 CFR 1320.3(b). to a collection of information unless it 2970; fax number: (202) 564–0050; displays a currently valid OMB control email address: [email protected]. Total estimated cost: $1,000,000 number. SUPPLEMENTARY INFORMATION: (rounded) (per year). No annualized DATES: Additional comments may be Supporting documents, which explain capital and/or operation & maintenance submitted on or before November 30, in detail the information that the EPA costs are included. 2018. will be collecting, are available in the Changes in the estimates: There is an public docket for this ICR. The docket ADDRESSES: Submit your comments, adjustment increase in the total can be viewed either online at referencing Docket ID Number EPA– www.regulations.gov or in person at the estimated respondent burden compared HQ–OAR–2004–0489, to (1) EPA online EPA Docket Center, WJC West, Room with the ICR currently approved by using www.regulations.gov (our 3334, 1301 Constitution Ave. NW, OMB. While the overall number of preferred method) or by mail to: EPA Washington, DC. The telephone number respondents has decreased from 427 to Docket Center, Environmental for the Docket Center is 202–566–1744. 392 since the previous ICR renewal to Protection Agency, Mail Code 28221T, For additional information about EPA’s account for shutdown facilities, this 1200 Pennsylvania Ave. NW, public docket, visit: http:// renewal includes a burden estimate for Washington, DC 20460, and (2) OMB via www.epa.gov/dockets. each existing respondent to familiarize email to [email protected]. Abstract: The National Emission themselves with regulatory Address comments to OMB Desk Officer Standards for Hazardous Air Pollutants requirements each year. As a result, for EPA. (NESHAP) for Iron and Steel Foundries there is a net increase in the burden The EPA’s policy is that all comments Area Sources (40 CFR part 63, subpart hours as compared to the previous ICR received will be included in the public ZZZZZ) apply to both new and existing renewal. docket without change including any iron and/or steel foundries that are an personal information provided, unless area source of hazardous air pollutants Courtney Kerwin, the comment includes profanity, threats, (HAP) emissions. There are different Director, Regulatory Support Division. information claimed to be Confidential requirements for foundries based on [FR Doc. 2018–23757 Filed 10–30–18; 8:45 am] Business Information (CBI) or other size. Existing foundries with an annual BILLING CODE 6560–50–P information whose disclosure is metal melt production greater that restricted by statute. 20,000 tons and new foundries with an FOR FURTHER INFORMATION CONTACT: annual melt capacity of 10,000 tons are Marc Houyoux, Air Quality Assessment classified as large foundries. Existing Division, Office of Air Quality Planning foundries with an annual metal melt and Standards, (C339–02), capacity of 10,000 tons or less are Environmental Protection Agency, 109

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TW Alexander Drive, RTP, NC 27711; Frequency of response: Annual. Protection Agency, Mail Code 28221T, telephone number: (919) 541–3649; Total estimated burden: 47,248 hours 1200 Pennsylvania Ave. NW, email address: [email protected]. (per year). Burden is defined at 5 CFR Washington, DC 20460, and (2) OMB via SUPPLEMENTARY INFORMATION: 1320.03(b). email to [email protected]. Supporting documents, which explain Total estimated cost: $4,513,390 (per Address comments to OMB Desk Officer in detail the information that the EPA year), includes $225,000 annualized for EPA. capital or operation & maintenance will be collecting, are available in the EPA’s policy is that all comments costs. public docket for this ICR. The docket received will be included in the public can be viewed online at Changes in the Estimates: Change in hours/cost is due to the reduction of the docket without change including any www.regulations.gov or in person at the personal information provided, unless EPA Docket Center, WJC West, Room total estimated respondents from the ICR currently approved by OMB. the comment includes profanity, threats, 3334, 1301 Constitution Ave. NW, information claimed to be Confidential Washington, DC. The telephone number Courtney Kerwin, Business Information (CBI) or other for the Docket Center is (202) 566–1744. Director, Regulatory Support Division. information whose disclosure is For additional information about EPA’s [FR Doc. 2018–23745 Filed 10–30–18; 8:45 am] restricted by statute. public docket, visit http://www.epa.gov/ BILLING CODE 6560–50–P dockets. FOR FURTHER INFORMATION CONTACT: Abstract: The EPA promulgated the Thomas Valentino, Policy, Training and Air Emissions Reporting Requirements ENVIRONMENTAL PROTECTION Oversight Division, Office of (AERR) (40 CFR part 51, subpart A) to AGENCY Acquisition Management (3802R), coordinate emissions inventory Environmental Protection Agency, 1200 reporting requirements with existing [EPA–HQ–OARM–2018–0124; FRL–9983– Pennsylvania Ave. NW, Washington, DC requirements of the Clean Air Act and 16–OEI] 20460; telephone number: (202) 564– 1990 Amendments. Under this Information Collection Request 4522; email address: valentino.thomas@ reporting, 55 state and territorial air epa.gov. quality agencies, including the District Submitted to OMB for Review and of Columbia, as well as an estimated 20 Approval; Comment Request; SUPPLEMENTARY INFORMATION: local air quality agencies, must submit Contractor Cumulative Claim and Supporting documents, which explain emissions data every 3 years for all Reconciliation (Renewal) in detail the information that the EPA will be collecting, are available in the point, non-point, on-road mobile, and AGENCY: Environmental Protection non-road mobile sources of volatile Agency (EPA). public docket for this ICR. The docket can be viewed online at organic compounds, oxides of nitrogen, ACTION: Notice. carbon monoxide, sulfur dioxide, www.regulations.gov or in person at the particulate matter less than or equal to SUMMARY: The Environmental Protection EPA Docket Center, WJC West, Room 10 micrometers in diameter, particulate Agency (EPA) has submitted an 3334, 1301 Constitution Ave. NW, matter less than or equal to 2.5 information collection request (ICR), Washington, DC. The telephone number micrometers in diameter, ammonia, and Contractor Cumulative Claim and for the Docket Center is 202–566–1744. lead. In addition, the air quality Reconciliation (EPA ICR No. 0246.13, For additional information about EPA’s agencies must submit annually emission OMB Control No. 2030–0016) to the public docket, visit http://www.epa.gov/ data for point sources with the potential Office of Management and Budget dockets. to emit at greater than specified levels (OMB) for review and approval in Abstract: All contractors who have of those pollutants. accordance with the Paperwork completed an EPA cost-reimbursement The data supplied to the emission Reduction Act. This is a proposed type contract will be required to submit reporting requirement is needed so that extension of the ICR, which is currently EPA Form 1900–10. EPA Form 1900–10 the EPA can compile and make approved through November 30, 2018. summarizes all costs incurred in available a national inventory of air Public comments were previously performance of the contract and sets pollutant emissions. A comprehensive requested via the Federal Register on forth the final indirect rates. This form inventory updated at regular intervals is April 25, 2018, during a 60-day is reviewed by the contracting officer to essential to allow the EPA to fulfill its comment period. This notice allows for determine the final costs reimbursable mandate to monitor and plan for the an additional 30 days for public to the contractor. The Federal attainment and maintenance of the comments. A fuller description of the Acquisition Regulation (FAR) 52.216–7 national ambient air quality standards ICR is given below, including its states that the Government will pay only established for criteria pollutants. estimated burden and cost to the public. the costs determined to be allowable by Form Numbers: None. An Agency may not conduct or sponsor the contracting officer in accordance Respondents/affected entities: State, and a person is not required to respond with FAR Subpart 31.2. Furthermore, territorial and local government air to a collection of information unless it FAR 52.216–7 states that indirect cost quality managements programs. Tribal displays a currently valid OMB control rates shall be established for each fiscal governments are not affected unless number. year at the close of a contractor’s fiscal they have sought and obtained DATES: Additional comments may be year. EPA Form 1900–10 summarizes treatment as state status under the submitted on or before November 30, this information for the entire contract Tribal Authority Rule and on that basis, 2018. period and provides a basis for cost are authorized to implement and review by contracting, finance, and enforce the AERR rule. ADDRESSES: Submit your comments, Respondent’s obligation to respond: referencing Docket ID Number EPA– audit personnel. In addition, FAR Mandatory under 23 U.S.C. 101; 42 HQ–OARM–2018–0124, to (1) EPA 4.804–5 mandates that the office U.S.C 7401–7671q, and the authority of online using www.regulations.gov (our administering the contract shall ensure the AERR. preferred method), by email to that the costs and indirect cost rates are Estimated number of respondents: 75 [email protected], or by mail to: EPA settled. (total). Docket Center, Environmental Form Numbers: EPA Form 1900–10.

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Respondents/affected entities: All ADDRESSES: Submit your comments, which the monitoring system is contractors who have completed an EPA referencing Docket ID Number EPA– inoperative. These notifications, reports, cost-reimbursement type contract. HQ–OECA–2017–0201, to: (1) EPA and records are essential in determining Respondent’s obligation to respond: online using www.regulations.gov (our compliance with 40 CFR part 61, Mandatory (FAR 52.216–7). preferred method), or by email to subpart O. Estimated number of respondents: 5 [email protected], or by mail to: EPA Form Numbers: None. (total). Docket Center, Environmental Respondents/affected entities: Frequency of response: Once, at the Protection Agency, Mail Code 28221T, Owners and operators of primary copper end of the contract. 1200 Pennsylvania Ave. NW, smelter facilities. Total estimated burden: 32 hours (per Washington, DC 20460; and (2) OMB via Respondent’s obligation to respond: year). Burden is defined at 5 CFR email to [email protected]. Mandatory. 1320.03(b). Address comments to OMB Desk Officer Estimated number of respondents: 3 Total estimated cost: $4,602 (per for EPA. (total). year), includes $0 annualized capital or EPA’s policy is that all comments Frequency of response: Initially, operation & maintenance costs. received will be included in the public quarterly, and annually. Changes in the Estimates: There is no docket without change including any Total estimated burden: 2,380 hours change in the hours in the total personal information provided, unless (per year). Burden is defined at 5 CFR estimated respondent burden compared the comment includes profanity, threats, 1320.3(b). with the ICR currently approved by Total estimated cost: $263,000 (per OMB. information claimed to be Confidential Business Information (CBI), or other year), which includes $1,500 in Courtney Kerwin, information whose disclosure is annualized capital/setup and/or Director, Regulatory Support Division. restricted by statute. operation & maintenance costs. [FR Doc. 2018–23743 Filed 10–30–18; 8:45 am] FOR FURTHER INFORMATION CONTACT: Changes in the Estimates: This is a BILLING CODE 6560–50–P Patrick Yellin, Monitoring, Assistance, reinstatement of a previously approved and Media Programs Division, Office of collection. There is an adjustment Compliance, Mail Code 2227A, decrease in the total estimated burden ENVIRONMENTAL PROTECTION Environmental Protection Agency, 1200 and cost previously identified in the AGENCY Pennsylvania Ave. NW, Washington, DC OMB Inventory of Approved Burdens. [EPA–HQ–OECA–2017–0201; FRL–9984– 20460; telephone number: (202) 564– This decrease is due to a decrease in the 92–OEI] 2970; fax number: (202) 564–0050; number of sources. email address: [email protected]. Courtney Kerwin, Information Collection Request SUPPLEMENTARY INFORMATION: Submitted to OMB for Review and Director, Regulatory Support Division. Supporting documents, which explain [FR Doc. 2018–23755 Filed 10–30–18; 8:45 am] Approval; Comment Request; NESHAP in detail the information that the EPA BILLING CODE 6560–50–P for Inorganic Arsenic Emissions From will be collecting, are available in the Primary Copper Smelters public docket for this ICR. The docket (Reinstatement) can be viewed online at ENVIRONMENTAL PROTECTION AGENCY: Environmental Protection www.regulations.gov or in person at the AGENCY Agency (EPA). EPA Docket Center, EPA West, Room [EPA–HQ–OECA–2014–0026; FRL–9985– ACTION: Notice. 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone number 57–OEI] SUMMARY: The Environmental Protection for the Docket Center is 202–566–1744. Information Collection Request Agency (EPA) has submitted an For additional information about EPA’s Submitted to OMB for Review and information collection request (ICR), public docket, visit: http:// Approval; Comment Request; NSPS NESHAP for Inorganic Arsenic www.epa.gov/dockets. for Metal Coil Surface Coating Abstract: The National Emission Emissions from Primary Copper (Renewal) Smelters (EPA ICR No. 1089.05), to the Standards for Hazardous Air Pollutants Office of Management and Budget (NESHAP) for Inorganic Arsenic AGENCY: Environmental Protection (OMB) for review and approval in Emissions from Primary Copper Agency (EPA). accordance with the Paperwork Smelters (40 CFR part 61, subpart O) ACTION: Notice. Reduction Act. This is a request for apply to existing facilities and new approval of a reinstatement of a facilities where the total arsenic SUMMARY: The Environmental Protection previously approved ICR. Public charging rate for the copper converter Agency (EPA) has submitted an comments were previously requested, department averaged over a 1-year information collection request (ICR), via the Federal Register, on June 29, period is greater than 75 kg/hr (165 lb/ NSPS for Metal Coil Surface Coating 2017 during a 60-day comment period. hr), as determined under 40 CFR (EPA ICR No. 0660.13, OMB Control No. This notice allows for an additional 30 61.174(f). New facilities include those 2060–0107), to the Office of days for public comments. A fuller that commenced construction or Management and Budget (OMB) for description of the ICR is given below, reconstruction after the date of proposal. review and approval in accordance with including its estimated burden and cost In general, all NESHAP standards the Paperwork Reduction Act. This is a to the public. An agency may neither require initial notifications, proposed extension of the ICR, which is conduct nor sponsor, and a person is performance tests, and periodic reports currently approved through November not required to respond to, a collection by the owners/operators of the affected 30, 2018. Public comments were of information unless it displays a facilities. They are also required to previously requested, via the Federal currently valid OMB control number. maintain records of the occurrence and Register, on June 29, 2017 during a 60- DATES: Additional comments may be duration of any startup, shutdown, or day comment period. This notice allows submitted on or before November 30, malfunction in the operation of an for an additional 30 days for public 2018. affected facility, or any period during comments. A fuller description of the

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ICR is given below, including its and periodic reports by the owners/ ENVIRONMENTAL PROTECTION estimated burden and cost to the public. operators of the affected facilities. They AGENCY An agency may neither conduct nor are also required to maintain records of sponsor, and a person is not required to [EPA–HQ–OECA–2013–0328; FRL–9985– the occurrence and duration of any 40–OEI] respond to, a collection of information startup, shutdown, or malfunction in unless it displays a currently valid OMB the operation of an affected facility, or Information Collection Request control number. any period during which the monitoring Submitted to OMB for Review and DATES: Additional comments may be system is inoperative. These Approval; Comment Request; NESHAP submitted on or before November 30, notifications, reports, and records are for Vinyl Chloride (Renewal) 2018. essential in determining compliance AGENCY: Environmental Protection ADDRESSES: Submit your comments, with 40 CFR part 60, subpart TT. Agency (EPA). referencing Docket ID Number EPA– Form Numbers: None. ACTION: HQ–OECA–2014–0026, to: (1) EPA Notice. Respondents/affected entities: Metal online using www.regulations.gov (our SUMMARY: The Environmental Protection coil surface coating facilities. preferred method), or by email to Agency (EPA) has submitted an [email protected], or by mail to: EPA Respondent’s obligation to respond: information collection request (ICR), Docket Center, Environmental Mandatory (40 CFR part 60, subpart TT). NESHAP for Vinyl Chloride (EPA ICR Protection Agency, Mail Code 28221T, Estimated number of respondents: No. 0186.14, OMB Control No. 2060– 1200 Pennsylvania Ave. NW, 158 (total). 0071), to the Office of Management and Washington, DC 20460; and (2) OMB via Budget (OMB) for review and approval _ Frequency of response: Initially, email to oira [email protected]. in accordance with the Paperwork Address comments to OMB Desk Officer quarterly, occasionally, semiannually, Reduction Act. This is a proposed for EPA. and annually. extension of the ICR, which is currently EPA’s policy is that all comments Total estimated burden: 16,200 hours approved through November 30, 2018. received will be included in the public (per year). Burden is defined at 5 CFR Public comments were previously docket without change including any 1320.3(b). requested, via the Federal Register, on personal information provided, unless June 29, 2017 during a 60-day comment the comment includes profanity, threats, Total estimated cost: $1,950,000 (per period. This notice allows for an information claimed to be Confidential year), which includes $170,000 in additional 30 days for public comments. Business Information (CBI), or other annualized capital/startup and/or A fuller description of the ICR is given information whose disclosure is operation & maintenance costs. below, including its estimated burden restricted by statute. Changes in the Estimates: There is an and cost to the public. An agency may FOR FURTHER INFORMATION CONTACT: increase in the respondent burden neither conduct nor sponsor, and a Patrick Yellin, Monitoring, Assistance, currently identified in the OMB person is not required to respond to, a and Media Programs Division, Office of Inventory of Approved Burdens. The collection of information unless it Compliance, Mail Code 2227A, increase is attributed to several displays a currently valid OMB control Environmental Protection Agency, 1200 adjustments: (1) This renewal allows number. Pennsylvania Ave. NW, Washington, DC time for each source to re-familiarize DATES: 20460; telephone number: (202) 564– Additional comments may be themselves with the rule requirements 2970; fax number: (202) 564–0050; submitted on or before November 30, each year; (2) this renewal adjusted the email address: [email protected]. 2018. frequency of recordkeeping SUPPLEMENTARY INFORMATION: ADDRESSES: Submit your comments, requirements to match the requirements Supporting documents, which explain referencing Docket ID Number EPA– in the rule; and (3) this renewal in detail the information that the EPA HQ–OECA–2013–0328, to: (1) EPA will be collecting, are available in the assumed 10 percent of the sources online using www.regulations.gov (our public docket for this ICR. The docket would have excess emissions and would preferred method), or by email to can be viewed online at have to report quarterly instead of semi- [email protected], or by mail to: EPA www.regulations.gov or in person at the annually. Docket Center, Environmental EPA Docket Center, WJC West, Room There is a decrease in the capital and Protection Agency, Mail Code 28221T, 3334, 1301 Constitution Ave. NW, O&M costs currently identified in the 1200 Pennsylvania Ave. NW, Washington, DC. The telephone number OMB Inventory of Approved Burdens. Washington, DC 20460; and (2) OMB via _ for the Docket Center is 202–566–1744. The decrease is attributed to an email to oira [email protected]. For additional information about EPA’s adjustment. The previous renewal had Address comments to OMB Desk Officer public docket, visit: http:// estimated O&M costs related to for EPA. EPA’s policy is that all comments www.epa.gov/dockets. temperature monitoring for all sources; received will be included in the public Abstract: The New Source however, only 80 percent of the sources docket without change including any Performance Standards (NSPS) for Metal are anticipated to comply with the rule Coil Surface Coating (40 CFR part 60, personal information provided, unless using incineration. subpart TT) apply to the following the comment includes profanity, threats, surface coating lines in the metal coil Courtney Kerwin, information claimed to be Confidential surface coating industry: Each prime Director, Regulatory Support Division. Business Information (CBI), or other information whose disclosure is coat operation; each finish coat [FR Doc. 2018–23753 Filed 10–30–18; 8:45 am] operation; and each prime and finish restricted by statute. BILLING CODE 6560–50–P coat operation cured simultaneously, FOR FURTHER INFORMATION CONTACT: where the finish coat is applied wet-on- Patrick Yellin, Monitoring, Assistance, wet over the prime coat. In general, all and Media Programs Division, Office of NSPS standards require initial Compliance, Mail Code 2227A, notification reports, performance tests, Environmental Protection Agency, 1200

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Pennsylvania Ave. NW, Washington, DC currently identified in the OMB 1200 Pennsylvania Ave. NW, 20460; telephone number: (202) 564– Inventory of Approved Burdens. This is Washington, DC 20460; and (2) OMB via 2970; fax number: (202) 564–0050; not due to any program changes. The email to [email protected]. email address: [email protected]. change has occurred due to a decrease Address comments to OMB Desk Officer SUPPLEMENTARY INFORMATION: in the number of respondents for EPA. Supporting documents, which explain complying with this rule. Based on the EPA’s policy is that all comments in detail the information that the EPA Agency’s consultation with the Vinyl received will be included in the public will be collecting, are available in the Institute, the number of sources has docket without change including any public docket for this ICR. The docket decreased from an average of 18 sources personal information provided, unless can be viewed online at in the previous ICR to an average of 16 the comment includes profanity, threats, www.regulations.gov, or in person at the sources for the current ICR period. information claimed to be Confidential Business Information (CBI), or other EPA Docket Center, WJC West, Room Courtney Kerwin, information whose disclosure is 3334, 1301 Constitution Ave. NW, Director, Regulatory Support Division. restricted by statute. Washington, DC. The telephone number [FR Doc. 2018–23748 Filed 10–30–18; 8:45 am] for the Docket Center is 202–566–1744. FOR FURTHER INFORMATION CONTACT: BILLING CODE 6560–50–P For additional information about EPA’s Patrick Yellin, Monitoring, Assistance, public docket, visit: http:// and Media Programs Division, Office of www.epa.gov/dockets. ENVIRONMENTAL PROTECTION Compliance, Mail Code 2227A, Abstract: The National Emission AGENCY Environmental Protection Agency, 1200 Standards for Hazardous Air Pollutants Pennsylvania Ave. NW, Washington, DC (NESHAP) for Vinyl Chloride (40 CFR [EPA–HQ–OECA–2014–0057; FRL–9985– 20460; telephone number: (202) 564– part 61, subpart F) apply to new and 58–OEI] 2970; fax number: (202) 564–0050; existing plants that produce: Ethylene Information Collection Request email address: [email protected]. dichloride (EDC) by reaction of oxygen Submitted to OMB for Review and SUPPLEMENTARY INFORMATION: and hydrogen chloride with ethylene; Approval; Comment Request; NESHAP Supporting documents, which explain vinyl chloride (VC) by any process; and for Wood Furniture Manufacturing in detail the information that the EPA, one or more polymers containing any Operations (Renewal) will be collecting are available in the fraction of polymerized VC. This public docket for this ICR. The docket Subpart does not apply to equipment AGENCY: Environmental Protection can be viewed online at used in research and development if the Agency (EPA). www.regulations.gov, or in person at the reactor used to polymerize the VC has ACTION: Notice. EPA Docket Center, WJC West, Room a capacity of no more than 0.19 m3. New 3334, 1301 Constitution Ave. NW, SUMMARY: The Environmental Protection facilities include those that commenced Washington, DC. The telephone number Agency (EPA) has submitted an construction or reconstruction after the for the Docket Center is 202–566–1744. information collection request (ICR), date of proposal. In general, all NESHAP For additional information about EPA’s NESHAP for Wood Furniture standards require initial notifications, public docket, visit: http:// Manufacturing Operations (EPA ICR No. performance tests, and periodic reports www.epa.gov/dockets. by the owners/operators of the affected 1716.10, OMB Control No. 2060–0324), Abstract: The National Emission facilities. They are also required to to the Office of Management and Budget Standards for Hazardous Air Pollutants maintain records of the occurrence and (OMB) for review and approval in (NESHAP) for Wood Furniture duration of any startup, shutdown, or accordance with the Paperwork Manufacturing Operations (40 CFR part malfunction in the operation of an Reduction Act. This is a proposed 63, subpart JJ) apply to both existing and affected facility, or any period during extension of the ICR, which is currently new wood furniture manufacturing which the monitoring system is approved through November 30, 2018. operations that are major sources of inoperative. These notifications, reports, Public comments were previously hazardous air pollutants (HAPs). A and records are essential in determining requested via the Federal Register on ‘‘major source’’ is a stationary source or compliance with 40 CFR part 61, June 29, 2017 during a 60-day comment group of stationary sources that emit or subpart F. period. This notice allows for an have the potential to emit 10 tons per Form Numbers: None. additional 30 days for public comments. year (tpy) or more of a HAP or 25 tpy Respondents/affected entities: A fuller description of the ICR is given or more of a combination of HAPs. New Ethylene dichloride, polyvinyl chloride below, including its estimated burden facilities include those that commenced and vinyl chloride plants. and cost to the public. An agency may construction, modification, or Respondent’s obligation to respond: neither conduct nor sponsor, and a reconstruction after the date of proposal. Mandatory (40 CFR part 61, subpart F). person is not required to respond to, a These standards also apply to existing Estimated number of respondents: 16 collection of information unless it and new incidental sources and to area (total). displays a currently valid OMB control sources. These sources are only required Frequency of response: Initially, number. to maintain purchase or usage records quarterly and occasionally. DATES: Additional comments may be demonstrating that they meet the Total estimated burden: 6,540 hours submitted on or before November 30, definition for incidental or area sources. (per year). Burden is defined at 5 CFR 2018. Incidental and area sources are not 1320.3(b). ADDRESSES: Submit your comments, subject to any other provisions of these Total estimated cost: $1,410,000 (per referencing Docket ID Number EPA– standards. An ‘‘incidental source,’’ as year), which includes $720,000 in HQ–OECA–2014–0057, to: (1) EPA defined in these standards, is a major annualized capital/startup and/or online using www.regulations.gov (our source that is primarily engaged in the operation & maintenance costs. preferred method), or by email to manufacture of products other than Changes in the Estimates: There is an [email protected], or by mail to: EPA wood furniture or wood furniture adjustment decrease in the estimated Docket Center, Environmental components, and that uses no more than respondent burden and costs as Protection Agency, Mail Code 28221T, 100 gallons per month of finishing

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material or adhesives in the ENVIRONMENTAL PROTECTION Compliance, Mail Code 2227A, manufacture of wood furniture or wood AGENCY Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC furniture components. An ‘‘area source’’ [EPA–HQ–OECA–2014–0040; FRL–9985– is any stationary source that is not a 53–OEI] 20460; telephone number: (202) 564– major source.’’ 2970; fax number: (202) 564–0050; email address: [email protected]. In general, all NESHAP standards Information Collection Request require initial notifications, Submitted to OMB for Review and SUPPLEMENTARY INFORMATION: performance tests, and periodic reports Approval; Comment Request; NSPS Supporting documents, which explain by the owners/operators of the affected for Hot Mix Asphalt Facilities in detail the information that the EPA facilities. They are also required to (Renewal) will be collecting, are available in the public docket for this ICR. The docket maintain records of the occurrence and AGENCY: Environmental Protection can be viewed online at duration of any startup, shutdown, or Agency (EPA). www.regulations.gov, or in person at the malfunction in the operation of an ACTION: Notice. EPA Docket Center, WJC West, Room affected facility, or any period during 3334, 1301 Constitution Ave. NW, which the monitoring system is SUMMARY: The Environmental Protection Agency (EPA) has submitted an Washington, DC. The telephone number inoperative. These notifications, reports, for the Docket Center is 202–566–1744. and records are essential in determining information collection request (ICR), NSPS for Hot Mix Asphalt Facilities For additional information about EPA’s compliance with 40 CFR part 63, public docket, visit: http:// subpart JJ. (EPA ICR Number 1127.12, OMB Control Number 2060–0083), to the www.epa.gov/dockets. Form Numbers: None. Office of Management and Budget Abstract: The New Source Respondents/affected entities: Wood (OMB) for review and approval in Performance Standards (NSPS) for Hot Mix Asphalt Facilities (40 CFR part 60, furniture manufacturing facilities. accordance with the Paperwork Reduction Act. This is a proposed subpart I) apply to hot mix asphalt Respondent’s obligation to respond: facilities that commenced construction Mandatory (40 CFR part 63, subpart JJ). extension of the ICR, which is currently approved through November 30, 2018. or modification after June 11, 1973. A Estimated number of respondents: Public comments were previously hot mix asphalt facility is comprised 856 (total). requested, via the Federal Register, on only of any combination of the following: Dryers; systems for screening, Frequency of response: Initially, June 29, 2017 during a 60-day comment period. This notice allows for an handling, storing, and weighing hot occasionally, quarterly, semiannually, aggregate; systems for loading, and annually. additional 30 days for public comments. A fuller description of the ICR is given transferring, and storing mineral filler; Total estimated burden: 70,800 hours below, including its estimated burden systems for mixing hot mix asphalt; and (per year). Burden is defined at 5 CFR and cost to the public. An agency may the loading, transfer, and storage 1320.3(b). neither conduct nor sponsor, and a systems associated with emission Total estimated cost: $7,780,000 (per person is not required to respond to, a control systems. In general, all NSPS year), which includes $24,600 in collection of information unless it standards require initial notifications, annualized capital/startup and/or displays a currently valid OMB control performance tests, and periodic reports by the owners/operators of the affected operation & maintenance costs. number. facilities. They are also required to DATES: Changes in the estimates: The Additional comments may be maintain records of the occurrence and increase in burden hours and the submitted on or before November 30, duration of any startup, shutdown, or number of responses from the most- 2018. malfunction in the operation of an recently approved ICR is due to several ADDRESSES: Submit your comments, affected facility, or any period during adjustments: (1) This ICR accounts for referencing Docket ID Number EPA– which the monitoring system is the time for each source to refamiliarize HQ–OECA–2014–0040, to: (1) EPA inoperative. These notifications, reports, themselves with the regulatory online using www.regulations.gov (our and records are essential in determining requirements each year; and (2) this ICR preferred method), or by email to compliance with 40 CFR part 60, added in one-time requirements for [email protected], or by mail to: EPA subpart I. reconstructed and modified sources that Docket Center, Environmental Form Numbers: None. were missing from the previous renewal Protection Agency, Mail Code 28221T, Respondents/affected entities: Hot and edited the frequency of records to 1200 Pennsylvania Ave. NW, mix asphalt facilities. Washington, DC 20460; and (2) OMB via Respondent’s obligation to respond: better match regulatory requirements. _ Overall, these changes resulted in an email to oira [email protected]. Mandatory (40 CFR part 60, subpart I). increase of 4,565 hours. Address comments to OMB Desk Officer Estimated number of respondents: for EPA. 4,955 (total). Courtney Kerwin, EPA’s policy is that all comments Frequency of response: Initially. Director, Regulatory Support Division. received will be included in the public Total estimated burden: 25,000 hours [FR Doc. 2018–23756 Filed 10–30–18; 8:45 am] docket without change including any (per year). Burden is defined at 5 CFR personal information provided, unless BILLING CODE 6560–50–P 1320.3(b). the comment includes profanity, threats, Total estimated cost: $2,620,000 (per information claimed to be Confidential year), which includes $0 annualized Business Information (CBI), or other capital/startup and/or operation & information whose disclosure is maintenance costs. restricted by statute. Changes in the estimates: There is an FOR FURTHER INFORMATION CONTACT: adjustment increase in the estimated Patrick Yellin, Monitoring, Assistance, burden and number of responses as and Media Programs Division, Office of currently identified in the OMB

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Inventory of Approved Burdens. The EPA’s policy is that all comments Total estimated burden: 3,820 hours change in burden occurred because the received will be included in the public (per year). Burden is defined at 5 CFR number of respondents, subject to these docket without change including any 1320.3(b). standards, has increased since the last personal information provided, unless Total estimated cost: $463,000 (per ICR renewal period. In addition, this the comment includes profanity, threats, year), which includes $61,500 in ICR assumes all existing respondents information claimed to be Confidential annualized capital/startup and/or will have to familiarize with the Business Information (CBI), or other operation & maintenance costs. regulatory requirements each year. information whose disclosure is Changes in the estimates: There is an restricted by statute. adjustment increase in the respondent Courtney Kerwin, labor hours and costs as currently FOR FURTHER INFORMATION CONTACT: Director, Regulatory Support Division. identified in the OMB Inventory of Patrick Yellin, Monitoring, Assistance, [FR Doc. 2018–23752 Filed 10–30–18; 8:45 am] Approved Burdens. This increase is not and Media Programs Division, Office of BILLING CODE 6560–50–P due to any program changes. The Compliance, Mail Code 2227A, change in the burden and cost estimates Environmental Protection Agency, 1200 occurred due to a change in assumption. Pennsylvania Ave. NW, Washington, DC ENVIRONMENTAL PROTECTION This ICR assumes all existing 20460; telephone number: (202) 564– AGENCY respondents will have to familiarize 2970; fax number: (202) 564–0050; with the regulatory requirements each [EPA–HQ–OECA–2014–0042; FRL–9985– email address: [email protected]. 01–OEI] year. SUPPLEMENTARY INFORMATION: Information Collection Request Supporting documents, which explain Courtney Kerwin, Submitted to OMB for Review and in detail the information that the EPA Director, Regulatory Support Division. Approval; Comment Request; NSPS will be collecting, are available in the [FR Doc. 2018–23746 Filed 10–30–18; 8:45 am] for Lime Manufacturing (Renewal) public docket for this ICR. The docket BILLING CODE 6560–50–P can be viewed online at AGENCY: Environmental Protection www.regulations.gov or in person at the Agency (EPA). EPA Docket Center, EPA West, Room ENVIRONMENTAL PROTECTION ACTION: Notice. 3334, 1301 Constitution Ave. NW, AGENCY SUMMARY: The Environmental Protection Washington, DC. The telephone number [EPA–HQ–OECA–2017–0200; FRL–9984– Agency (EPA) has submitted an for the Docket Center is 202–566–1744. 86–OEI] information collection request (ICR), For additional information about EPA’s NSPS for Lime Manufacturing (EPA ICR public docket, visit: http:// Information Collection Request No. 1167.12, OMB Control No. 2060– www.epa.gov/dockets. Submitted to OMB for Review and 0063), to the Office of Management and Abstract: The New Source Approval; Comment Request; NESHAP Budget (OMB) for review and approval Performance Standards (NSPS) for Lime for Rubber Tire Manufacturing in accordance with the Paperwork Manufacturing (40 CFR part 60, subpart (Reinstatement) Reduction Act. This is a proposed HH) apply to each existing and new AGENCY: Environmental Protection extension of the ICR, which is currently rotary lime kiln used in the Agency (EPA). manufacturing of lime. These standards approved through November 30, 2018. ACTION: Notice. Public comments were previously do not apply to facilities used in the requested, via the Federal Register, on manufacture of lime at kraft pulp mills. SUMMARY: The Environmental Protection June 29, 2017 during a 60-day comment New facilities include those that Agency (EPA) has submitted an period. This notice allows for an commenced construction, modification information collection request (ICR), additional 30 days for public comments. or reconstruction after the date of NESHAP for Rubber Tire Manufacturing A fuller description of the ICR is given proposal. In general, all NSPS standards (EPA ICR No. 1982.02), to the Office of below, including its estimated burden require initial notifications, Management and Budget (OMB) for and cost to the public. An agency may performance tests, and periodic reports review and approval in accordance with neither conduct nor sponsor, and a by the owners/operators of the affected the Paperwork Reduction Act. Public person is not required to respond to, a facilities. They are also required to comments were requested previously, collection of information unless it maintain records of the occurrence and via the Federal Register, on June 29, displays a currently valid OMB control duration of any startup, shutdown, or 2017 during a 60-day comment period. number. malfunction in the operation of an This notice allows for an additional 30 DATES: Additional comments may be affected facility, or any period during days for public comments. A fuller submitted on or before November 30, which the monitoring system is description of the ICR is given below, 2018. inoperative. These notifications, reports, including its estimated burden and cost and records are essential in determining to the public. An agency may neither ADDRESSES: Submit your comments, compliance with 40 CFR part 60, referencing Docket ID Number EPA– conduct nor sponsor, and a person is subpart HH. HQ–OECA–2014–0042, to: (1) EPA not required to respond to a collection online using www.regulations.gov (our Form Numbers: None. of information unless it displays a preferred method), or by email to Respondents/affected entities: Lime currently valid OMB control number. [email protected], or by mail to: EPA manufacturing plants. DATES: Additional comments may be Docket Center, Environmental Respondent’s obligation to respond: submitted on or before November 30, Protection Agency, Mail Code 28221T, Mandatory (40 CFR part 60, subpart 2018. 1200 Pennsylvania Ave. NW, HH). ADDRESSES: Submit your comments, Washington, DC 20460; and (2) OMB via Estimated number of respondents: 41 referencing Docket ID Number EPA– email to [email protected]. (total). HQ–OECA–2017–0200, to: (1) EPA Address comments to OMB Desk Officer Frequency of response: Initially and online using www.regulations.gov (our for EPA. semiannually. preferred method), or by email to

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[email protected], or by mail to: EPA Respondent’s obligation to respond: not required to respond to a collection Docket Center, Environmental Mandatory (40 CFR part 63, subpart of information unless it displays a Protection Agency, Mail Code 28221T, XXXX). currently valid OMB control number. 1200 Pennsylvania Ave. NW, Estimated number of respondents: 23 DATES: Comments must be submitted on Washington, DC 20460; and (2) OMB via (total). or before November 30, 2018. _ email to oira [email protected]. Frequency of response: Initially, ADDRESSES: Submit your comments, Address comments to OMB Desk Officer occasionally, semiannually, and referencing Docket ID No. EPA–HQ– for EPA. annually. OAR–2018–0118, to (1) EPA online EPA’s policy is that all comments Total estimated burden: 6,520 hours using www.regulations.gov (our received will be included in the public (per year). Burden is defined at 5 CFR preferred method), by email to a-and-r- docket without change including any 1320.3(b). [email protected], or by mail to: EPA personal information provided, unless Total estimated cost: $910,000 (per Docket Center, Environmental the comment includes profanity, threats, year), which includes $0 annualized Protection Agency, Mail Code 28221T, information claimed to be Confidential capital/startup and/or operation & 1200 Pennsylvania Ave. NW, Business Information (CBI), or other maintenance costs. Washington, DC 20460, and (2) OMB via information whose disclosure is Changes in the estimates: This ICR email to [email protected]. restricted by statute. reflects the requirements for on-going Address comments to OMB Desk Officer FOR FURTHER INFORMATION CONTACT: compliance (existing facilities) with the for EPA. Patrick Yellin, Monitoring, Assistance, rule. The number of sources presented EPA’s policy is that all comments and Media Programs Division, Office of in this ICR reflects current data obtained received will be included in the public Compliance, Mail Code 2227A, from industry, including information on docket without change including any Environmental Protection Agency, 1200 the use of compliance alternatives used personal information provided, unless Pennsylvania Ave. NW, Washington, DC by the affected facilities. Based on the comment includes profanity, threats, 20460; telephone number: (202) 564– consultations with the trade group, no information claimed to be Confidential 2970; fax number: (202) 564–0050; facilities are using control devices to Business Information (CBI) or other email address: [email protected]. comply with the requirements. information whose disclosure is SUPPLEMENTARY INFORMATION: Courtney Kerwin, restricted by statute. Supporting documents, which explain Director, Regulatory Support Division. FOR FURTHER INFORMATION CONTACT: Christina Thompson, Stratospheric in detail the information that the EPA [FR Doc. 2018–23754 Filed 10–30–18; 8:45 am] will be collecting, are available in the Protection Division, Office of BILLING CODE 6560–50–P public docket for this ICR. The docket Atmospheric Programs (Mail Code can be viewed online at 6205T), Environmental Protection www.regulations.gov or in person at the ENVIRONMENTAL PROTECTION Agency, 1200 Pennsylvania Ave. NW, EPA Docket Center, WJC West, Room AGENCY Washington, DC 20460; telephone 3334, 1301 Constitution Ave. NW, number: (202) 564–0983; fax number: Washington, DC. The telephone number [EPA–HQ–OAR–2018–0118; FRL–9985–42– (202) 343–2362; email address: for the Docket Center is 202–566–1744. OEI] [email protected]. For additional information about EPA’s Information Collection Request SUPPLEMENTARY INFORMATION: public docket, visit: http:// Submitted to OMB for Review and Supporting documents, which explain www.epa.gov/dockets. Approval; Comment Request; in detail the information that the EPA Abstract: The National Emission Servicing of Motor Vehicle Air will be collecting, are available in the Standards for Hazardous Air Pollutants Conditioners (Renewal) public docket for this ICR. The docket (NESHAP) for Rubber Tire can be viewed online at Manufacturing (40 CFR part 63, subpart AGENCY: Environmental Protection www.regulations.gov or in person at the XXXX) apply to existing and new Agency (EPA). EPA Docket Center, WJC West, Room facilities that are involved in rubber ACTION: Notice. 3334, 1301 Constitution Ave. NW, processing, tire production, tire cord Washington, DC. The telephone number production, and puncture sealant SUMMARY: The Environmental Protection for the Docket Center is 202–566–1744. application. New facilities include those Agency (EPA) has submitted an For additional information about EPA’s that commenced construction or information collection request (ICR), public docket, visit http://www.epa.gov/ reconstruction after the date of proposal. Servicing of Motor Vehicle Air dockets. In general, all NESHAP standards Conditioners (EPA ICR No. 1617.09, Abstract: Section 609 of the Clean Air require initial notifications, OMB Control No. 2060–0247) to the Act Amendments of 1990 (Act) provides performance tests, and periodic reports Office of Management and Budget general guidelines for the servicing of by the owners/operators of the affected (OMB) for review and approval in motor vehicle air conditioners (MVACs). facilities. They are also required to accordance with the Paperwork It states that ‘‘no person repairing or maintain records of the occurrence and Reduction Act. This is a proposed servicing motor vehicles for duration of any startup, shutdown, or extension of the ICR, which is currently consideration may perform any service malfunction in the operation of an approved through December 31, 2018. on a motor vehicle air conditioner affected facility, or any period during Public comments were previously involving the refrigerant for such air which the monitoring system is requested via the Federal Register on conditioner without properly using inoperative. These notifications, reports, June 6, 2018 during a 60-day comment approved refrigerant recycling and records are essential in determining period. This notice allows for an equipment and no such person may compliance with 40 CFR part 63, additional 30 days for public comments. perform such service unless such person subpart XXXX. A fuller description of the ICR is given has been properly trained and Form Numbers: None. below, including its estimated burden certified.’’ In 1992, EPA developed Respondents/affected entities: Rubber and cost to the public. An agency may regulations under section 609 that were tire manufacturers. not conduct or sponsor and a person is published in 57 FR 31242, and codified

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at 40 CFR Subpart B (Section 82.30 et ENVIRONMENTAL PROTECTION Management, Mail Code 5104A, seq.). The information required to be AGENCY Environmental Protection Agency, 1200 collected under the section 609 Pennsylvania Ave. NW, Washington, DC [EPA–HQ–SFUND–2006–0361; FRL–9985– regulations is: Approved refrigerant 47–OEI] 20460; telephone number: (202) 564– handling equipment; approved 8794; fax number: (202) 564–2620; independent standards testing Information Collection Request email address: [email protected]. organizations; technician training and Submitted to OMB for Review and SUPPLEMENTARY INFORMATION: certification; and certification, reporting Approval; Comment Request; Trade Supporting documents, which explain and recordkeeping. Secrets Claims for Community Right- in detail the information that the EPA Form Numbers: None. to-Know and Emergency Planning will be collecting, are available in the Respondents/affected entities: The (EPCRA Section 322) (Renewal) public docket for this ICR. The docket can be viewed online at following is a list of NAICS codes for AGENCY: Environmental Protection www.regulations.gov or in person at the organizations potentially affected by the Agency (EPA). information requirements covered under EPA Docket Center, WJC West, Room ACTION: Notice. this ICR. It is meant to include any 3334, 1301 Constitution Ave. NW, establishment that may service or SUMMARY: The Environmental Protection Washington, DC. The telephone number maintain motor vehicle air conditioners. Agency has submitted an information for the Docket Center is 202–566–1744. For additional information about EPA’s 4411 Automobile Dealers collection request (ICR), Trade Secrets Claims for Community Right-to-Know public docket, visit http://www.epa.gov/ 4413 Automotive Parts, Accessories, dockets. and Tire Stores and Emergency Planning (EPCRA Section 322) (EPA ICR Number 1428.11; Abstract: This information collection 44711 Gasoline Stations with OMB Control Number 2050–0078) to the request pertains to trade secrecy claims Convenience Stores Office of Management and Budget submitted under Section 322 of the 8111 Automotive Repair and (OMB) for review and approval in Emergency Planning and Community Maintenance accordance with the Paperwork Right-to-Know Act of 1986 (EPCRA). EPCRA contains provisions requiring 811198 All Other Automotive Repair Reduction Act. This is a proposed facilities to report to state and local and Maintenance extension of the ICR, which is currently approved through December 31, 2018. authorities, and EPA, the presence of Other affected groups include extremely hazardous substances independent standards testing Public comments were previously requested via the Federal Register on (Section 302), inventory of hazardous organizations and organizations with chemicals (Sections 311 and 312) and technician certification programs. June 11, 2018 during a 60-day comment period. This notice allows for an manufacture, process and use of toxic Respondent’s obligation to respond: additional 30 days for public comments. chemicals (Section 313). Section 322 of Mandatory (40 CFR 82.36, 82.38, 82.40, A fuller description of the ICR is given EPCRA allows a facility to withhold the 82.42). below, including its estimated burden specific chemical identity from these Estimated number of respondents: and cost to the public. An agency may EPCRA reports if the facility asserts a 45,902 (per year). not conduct or sponsor and a person is trade secret for that chemic claim for that chemical identity. The provisions Frequency of response: On occasion, not required to respond to a collection in Section 322 establish the biennially, only once. of information unless it displays a currently valid OMB control number. requirements and procedures that Total estimated burden: 4,130 hours facilities must follow to request trade DATES: (per year). Burden is defined at 5 CFR Additional comments may be secret treatment of chemical identities, 1320.03(b). submitted on or before November 30, as well as the procedures for submitting Total estimated cost: $218,009 (per 2018. public petitions to the Agency for year), includes $0 annualized capital or ADDRESSES: Submit your comments, review of the ‘‘sufficiency’’ of trade operation & maintenance costs. referencing Docket ID Number EPA– secret claims. Changes in estimates: There is a HQ–SFUND–2006–0361, to (1) EPA Trade secret protection is provided for decrease of 33 hours in the total online using www.regulations.gov (our specific chemical identities contained in estimated respondent burden compared preferred method), by email to reports submitted under each of the with the ICR currently approved by [email protected], or by mail following sections of EPCRA: (1) Section OMB. This decrease is due in part to a to: EPA Docket Center, Environmental 303 (d)(2)—Facility notification of decrease in the number of new Protection Agency, Mail Code 28221T, changes that have or are about to occur; technician certifications and the time 1200 Pennsylvania Ave. NW, (2) Section 303 (d)(3)—Local Emergency allotted for maintenance of the Washington, DC 20460, and (2) OMB via Planning Committee (LEPC) requests for _ technician certification records. The email to oira [email protected]. facility information to develop or time associated with the maintenance of Address comments to OMB Desk Officer implement emergency plans; (3) Section these records has decreased, recognizing for EPA. 311—Material Safety Data Sheets the move towards electronic EPA’s policy is that all comments (MSDSs) submitted by facilities, or lists recordkeeping which may be more received will be included in the public of those chemicals submitted in place of efficient. Additionally, a decrease in the docket without change including any the MSDSs; (4) Section 312—Emergency market for small containers of CFC–12 personal information provided, unless and hazardous chemical inventory refrigerant has also decreased the the comment includes profanity, threats, forms (Tier I and Tier II); and (5) Section burden. information claimed to be Confidential 313 Toxic chemical release inventory Business Information (CBI) or other form. Courtney Kerwin, information whose disclosure is Form Numbers: EPA Form 9510–1. Director, Regulatory Support Division. restricted by statute. Respondents/affected entities: [FR Doc. 2018–23750 Filed 10–30–18; 8:45 am] FOR FURTHER INFORMATION CONTACT: Manufacturer and non-manufacturer BILLING CODE 6560–50–P Wendy Hoffman, Office of Emergency facilities subject to reporting under

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sections 303, 311/312 or 313 of the 29, 2017 during a 60-day comment do not apply to pot furnaces; in Emergency Planning and Community period. This notice allows for an addition, the standards do not consider Right-to-Know Act (EPCRA). additional 30 days for public comments. re-bricking as construction or Respondent’s obligation to respond: A fuller description of the ICR is given modification for the purposes of 40 CFR Mandatory if a respondent decides to below, including its estimated burden Section 61.05(a). New facilities include make a trace secret claim for the and cost to the public. An Agency may those that commenced construction or chemical identity for any of the neither conduct nor sponsor, and a reconstruction after the date of proposal. chemicals in any of the reports the person is not required to respond to, a In general, all NESHAP standards respondent is required to submit under collection of information unless it require initial notifications, EPCRA sections 303, 311/312 or 313. displays a currently valid OMB control performance tests, and periodic reports Estimated number of respondents: number. by the owners/operators of the affected 272 trade secret claims. DATES: Additional comments may be facilities. They are also required to Frequency of response: Annual, with submitted on or before November 30, maintain records of the occurrence and reports submitted under Sections 312 2018. duration of any startup, shutdown, or and 313. ADDRESSES: Submit your comments, malfunction in the operation of an Total estimated burden: 2,584 hours referencing Docket ID Number EPA– affected facility, or any period during (per year). Burden is defined at 5 CFR HQ–OECA–2014–0038, to: (1) EPA which the monitoring system is 1320.03(b). online using www.regulations.gov (our inoperative. These notifications, reports, Total estimated cost: $151,047 (per preferred method), or by email to and records are essential in determining year). There are no capital or operation [email protected], or by mail to: EPA compliance with 40 CFR part 61, and maintenance costs associated with Docket Center, Environmental subpart N. this ICR. Protection Agency, Mail Code 28221T, Form Numbers: None. Changes in the estimates: This ICR 1200 Pennsylvania Ave. NW, Respondents/affected entities: Glass renewal estimates a total respondent Washington, DC 20460; and (2) OMB via manufacturing plants. Respondent’s obligation to respond: burden of 2,584 hours, which is reduced email to [email protected]. Mandatory (40 CFR part 61, subpart N). from the previous ICR. The previous Address comments to OMB Desk Officer Estimated number of respondents: 16 approved burden was 3,154 hours. The for EPA. burden decreased because the actual EPA’s policy is that all comments (total). Frequency of response: Initially, number of claims submitted is lower received will be included in the public occasionally and semiannually. than what EPA estimated in the docket without change including any previous ICR. Total estimated burden: 3,100 hours personal information provided, unless (per year). Burden is defined at 5 CFR Courtney Kerwin, the comment includes profanity, threats, 1320.3(b). information claimed to be Confidential Director, Regulatory Support Division. Total estimated cost: $382,000 (per Business Information (CBI), or other year), which includes $56,000 in [FR Doc. 2018–23751 Filed 10–30–18; 8:45 am] information whose disclosure is BILLING CODE 6560–50–P annualized capital/startup and/or restricted by statute. operation & maintenance costs. FOR FURTHER INFORMATION CONTACT: Changes in the Estimates: There is no ENVIRONMENTAL PROTECTION Patrick Yellin, Monitoring, Assistance, change in labor hours or costs in this AGENCY and Media Programs Division, Office of ICR compared to the previous ICR. This Compliance, Mail Code 2227A, is due to two considerations: (1) The [EPA–HQ–OECA–2014–0038; FRL–9985– Environmental Protection Agency, 1200 regulations have not changed over the 38–OEI] Pennsylvania Ave. NW, Washington, DC past three years and are not anticipated 20460; telephone number: (202) 564– Information Collection Request to change over the next three years; and 2970; fax number: (202) 564–0050; Submitted to OMB for Review and (2) the growth rate for the industry is email address: [email protected]. Approval; Comment Request; NESHAP very low or non-existent, so there is no for Inorganic Arsenic Emissions From SUPPLEMENTARY INFORMATION: significant change in the overall burden. Glass Manufacturing Plants (Renewal) Supporting documents, which explain in detail the information that the EPA Courtney Kerwin, AGENCY: Environmental Protection will be collecting, are available in the Director, Regulatory Support Division. Agency (EPA). public docket for this ICR. The docket [FR Doc. 2018–23747 Filed 10–30–18; 8:45 am] ACTION: Notice. can be viewed online at BILLING CODE 6560–50–P www.regulations.gov or in person at the SUMMARY: The Environmental Protection EPA Docket Center, WJC West, Room Agency has submitted an information 3334, 1301 Constitution Ave. NW, ENVIRONMENTAL PROTECTION collection request (ICR), ‘‘NESHAP for Washington, DC. The telephone number AGENCY Inorganic Arsenic Emissions from Glass for the Docket Center is 202–566–1744. [EPA–HQ–OECA–2014–0037; FRL–9984– Manufacturing Plants (40 CFR part 61, For additional information about EPA’s 59–OEI] subpart N) (Renewal)’’ (EPA ICR No. public docket, visit: http:// 1081.12, OMB Control No. 2060–0043), www.epa.gov/dockets. Information Collection Request to the Office of Management and Budget Abstract: The National Emission Submitted to OMB for Review and (OMB) for review and approval in Standards for Hazardous Air Pollutants Approval; Comment Request; NSPS accordance with the Paperwork (NESHAP) for Inorganic Arsenic for Primary and Secondary Emissions Reduction Act (44 U.S.C. 3501 et seq.). Emissions from Glass Manufacturing From Basic Oxygen Furnaces This is a proposed extension of the ICR, Plants (40 CFR part 61, subpart N) apply (Renewal) which is currently approved through to each existing and new glass melting AGENCY: Environmental Protection November 30, 2018. Public comments furnace that uses commercial arsenic as Agency (EPA). were previously requested, via the a raw material located at a glass ACTION: Notice. Federal Register (82 FR 29552), on June manufacturing plant. These standards

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SUMMARY: The Environmental Protection FOR FURTHER INFORMATION CONTACT: notifications, reports, and records are Agency (EPA) has submitted an Patrick Yellin, Monitoring, Assistance, essential in determining compliance information collection request (ICR), and Media Programs Division, Office of with 40 CFR part 60, subparts N and Na. NSPS for Primary and Secondary Compliance, Mail Code 2227A, Form Numbers: None. Emissions from Basic Oxygen Furnaces Environmental Protection Agency, 1200 Respondents/affected entities: (EPA ICR Number 1069.12, OMB Pennsylvania Ave. NW, Washington, DC Owners and operators of basic oxygen Control Number 2060–0029), to the 20460; telephone number: (202) 564– process furnaces at iron and steel plants. Office of Management and Budget 2970; fax number: (202) 564–0050; Respondent’s obligation to respond: (OMB) for review and approval in email address: [email protected]. Mandatory (40 CFR part 60, subpart N accordance with the Paperwork SUPPLEMENTARY INFORMATION: and Na). Reduction Act. This is a proposed Supporting documents, which explain Estimated number of respondents: 18 extension of the ICR, which is currently in detail the information that the EPA (total). approved through November 30, 2018. will be collecting, are available in the Frequency of response: Initially, Public comments were previously public docket for this ICR. The docket occasionally, and semiannually. requested, via the Federal Register, on can be viewed online at Total estimated burden: 6,280 hours June 29, 2017 during a 60-day comment www.regulations.gov, or in person at the (per year). Burden is defined at 5 CFR period. This notice allows for an EPA Docket Center, WJC West, Room 1320.3(b). additional 30 days for public comments. 3334, 1301 Constitution Ave. NW, Total estimated cost: $690,000 (per A fuller description of the ICR is given Washington, DC. The telephone number year), which includes $29,700 in below, including its estimated burden for the Docket Center is 202–566–1744. annualized capital and/or operation & and cost to the public. An agency may For additional information about EPA’s maintenance costs. public docket, visit: http:// neither conduct nor sponsor, and a Changes in the Estimates: The www.epa.gov/dockets. person is not required to respond to, a increase in burden from the most collection of information unless it Abstract: The New Source Performance Standards (NSPS) for recently approved ICR is due to an displays a currently valid OMB control adjustment. Hours were added to number. Primary Emissions from Basic Oxygen Process Furnaces (Subpart N) apply to approximate the time spent by each DATES: Additional comments may be each basic oxygen process furnace source each year to familiarize with the submitted on or before November 30, rule requirements, and the total hours 2018. (BOPF) in an iron and steel plant that commenced construction, modification, were rounded to three significant digits, ADDRESSES: Submit your comments, or reconstruction after the date of which resulted in a small increase in referencing Docket ID Number HQ– proposal. These standards were merged labor hours since the last renewal. OECA–2014–0037, to: (1) EPA online with Standards of Performance for Courtney Kerwin, using www.regulations.gov (our Secondary Emissions from Basic Director, Regulatory Support Division. preferred method), or by email to Oxygen Process Steelmaking Facilities [FR Doc. 2018–23744 Filed 10–30–18; 8:45 am] [email protected], or by mail to: EPA (Subpart Na). Subpart Na is applicable BILLING CODE 6560–50–P Docket Center, Environmental to any top-blown BOPF, and hot metal Protection Agency, Mail Code 28221T, transfer station or skimming stations 1200 Pennsylvania Ave. NW, used with bottom-blown or top-blown Washington, DC 20460; and (2) OMB via BOPF’s for which construction, _ FEDERAL COMMUNICATIONS email to oira [email protected]. reconstruction, or modification COMMISSION Address comments to OMB Desk Officer commenced after January 20, 1983. In for EPA. general, all NSPS standards require Deletion of Item From Sunshine Act EPA’s policy is that all comments initial notifications, performance tests, Meeting received will be included in the public and periodic reports by the owners/ docket without change, including any operators of the affected facilities. They October 22, 2018. personal information provided, unless are also required to maintain records of The following item has been deleted the comment includes profanity, threats, the occurrence and duration of any from the list of items scheduled for information claimed to be Confidential startup, shutdown, or malfunction in consideration at the Tuesday, October Business Information (CBI), or other the operation of an affected facility, or 23, 2018, Open Meeting and previously information whose disclosure is any period during which the monitoring listed in the Commission’s Notice of restricted by statute. system is inoperative. These October 16, 2018.

3 ...... WIRELESS TELE-COMMU- Title: Creation of Interstitial 12.5 Kilohertz Channels in the 800 MHz Band Between 809–817/ NICATIONS AND PUBLIC 854–862 MHz (WP Docket No. 15–32, RM–11572); Amendment of Part 90 of the Commis- SAFETY & HOMELAND SE- sion’s Rules to Improve Access to Private Land Mobile Radio Spectrum (WP Docket No. 16– CURITY. 261); Land Mobile Communications Council Petition for Rulemaking Regarding Interim Eligi- bility for 800 MHz Expansion Band and Guard Band Frequencies (RM–11719); Petition for Rulemaking Regarding Conditional Licensing Authority Above 470 MHz (RM–11722). Summary: The Commission will consider a Report and Order and Order opening up new chan- nels in the 800 MHz Private Land Mobile Radio (PLMR) band, eliminating outdated rules, and reducing administrative burdens on PLMR licensees.

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Federal Communications Commission. comments were received. The FDIC Office of Information and Regulatory Marlene Dortch, hereby gives notice of its plan to submit Affairs, Office of Management and Secretary. to OMB a request to approve the Budget, New Executive Office Building, [FR Doc. 2018–23854 Filed 10–29–18; 11:15 am] renewal of this collection, and again Washington, DC 20503. BILLING CODE 6712–01–P invites comment on this renewal. FOR FURTHER INFORMATION CONTACT: DATES: Comments must be submitted on Jennifer Jones, Counsel, 202–898–6768, or before November 30, 2018. [email protected], MB–3105, Federal FEDERAL DEPOSIT INSURANCE ADDRESSES: Interested parties are Deposit Insurance Corporation, 550 17th CORPORATION invited to submit written comments to Street NW, Washington, DC 20429. the FDIC by any of the following Agency Information Collection SUPPLEMENTARY INFORMATION: On August methods: 7, 2018, the FDIC requested comment Activities: Submission for OMB • https://www.FDIC.gov/regulations/ for 60 days on a proposal to renew the Review; Comment Request (OMB No. laws/federal. information collection described below. 3064–0151) • Email: [email protected]. Include No comments were received. The FDIC the name and number of the collection AGENCY: Federal Deposit Insurance hereby gives notice of its plan to submit in the subject line of the message. Corporation (FDIC). • Mail: Jennifer Jones (202–898– to OMB a request to approve the ACTION: Notice and request for comment. 6768), Counsel, MB–3105, Federal renewal of this collection, and again invites comment on this renewal. SUMMARY: Deposit Insurance Corporation, 550 17th The FDIC, as part of its Proposal to renew the following obligations under the Paperwork Street NW, Washington, DC 20429. • Hand Delivery: Comments may be currently approved collection of Reduction Act of 1995 (PRA), invites the information: general public and other Federal hand-delivered to the guard station at agencies to take this opportunity to the rear of the 17th Street Building 1. Title: Notice Regarding Assessment comment on the renewal of the existing (located on F Street), on business days Credits. information collection described below between 7:00 a.m. and 5:00 p.m. OMB Number: 3064–0151. (3064–0151). On August 7, 2018, the All comments should refer to the Form Number: None. FDIC requested comment for 60 days on relevant OMB control number. A copy Affected Public: FDIC-Insured a proposal to renew the information of the comments may also be submitted Institutions. collection described below. No to the OMB desk officer for the FDIC: Burden Estimate:

SUMMARY OF ANNUAL BURDEN

Total annual Type of Obligation to Estimated Estimated Estimated Frequency of estimated burden respond number of frequency of time per response burden respondents responses response (hours)

Notice Regarding Reporting ...... Required to Ob- 2 1 2 On Occasion..... 4 Assessment tain or Retain Credits. Benefits.

Total Hourly ...... 4 Burden.

General Description of Collection: is exhausted. For assessments that previous Paperwork Reduction Act Section 7(e)(3) of the Federal Deposit become due for assessment periods submission. beginning in fiscal years 2008, 2009, Insurance Act (12 U.S.C. 1817(e)(3)), as Request for Comment amended by the Federal Deposit and 2010 the FDI Act provides that Insurance Reform Act of 2005, requires credits may not be applied to more than Comments are invited on: (a) Whether that the FDIC provide by regulation an 90 percent of an institution’s the collection of information is initial, one-time assessment credit to assessment. necessary for the proper performance of each ‘‘eligible’’ insured depository FDIC-insured institutions must notify the FDIC’s functions, including whether institution (or its successor) based on the FDIC if their one-time assessment the information has practical utility; (b) the assessment base of the institution as credit is transferred, e.g., through a sale the accuracy of the estimates of the of December 31, 1996, as compared to of the credits or through a merger, so burden of the information collection, the combined aggregate assessment base that the FDIC can accurately track such including the validity of the of all eligible institutions as of that date, transfers, apply available credits methodology and assumptions used; (c) taking into account such other factors as appropriately against institutions’ ways to enhance the quality, utility, and the FDIC Board of Directors determines deposit insurance assessments, and clarity of the information to be to be appropriate. The one-time credits determine an institution’s 1996 collected; and (d) ways to minimize the must, with certain exceptions, be assessment base if the transaction burden of the collection of information applied by the FDIC to the maximum involved both the base and the credit on respondents, including through the extent allowed by law to the amount. The need for credit transfer use of automated collection techniques assessments imposed on such information will expire when the credit or other forms of information institution that become due for pool has been exhausted. technology. All comments will become assessment periods beginning after the There is no change in the method or a matter of public record. effective date of the one-time credit substance of the collection and the Dated at Washington, DC, on October 29, regulations until such time as the credit burden remains unchanged from the 2018.

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Federal Deposit Insurance Corporation. 70814, establish a framework by which DEPARTMENT OF HEALTH AND Robert E. Feldman, hospitals, doctors, and other health care HUMAN SERVICES Executive Secretary. providers may voluntarily report [FR Doc. 2018–23883 Filed 10–29–18; 4:15 pm] information to Patient Safety Centers for Disease Control and Prevention BILLING CODE 6714–01–P Organizations (PSOs), on a privileged and confidential basis, for the [Docket No. CDC–2018–0101] aggregation and analysis of patient DEPARTMENT OF HEALTH AND safety events. Vessel Sanitation Program: Annual Program Status Meeting; Request for HUMAN SERVICES The Patient Safety Act authorizes the Comment listing of PSOs, which are entities or Agency for Healthcare Research and component organizations whose AGENCY: Quality Centers for Disease Control and mission and primary activity are to Prevention (CDC), Department of Health Patient Safety Organizations: conduct activities to improve patient and Human Services (HHS). Voluntary Relinquishment From Fides, safety and the quality of health care ACTION: Notice of public meeting and LLC delivery. request for comment. HHS issued the Patient Safety Rule to AGENCY: Agency for Healthcare Research SUMMARY: The Centers for Disease and Quality (AHRQ), Department of implement the Patient Safety Act. Control and Prevention (CDC), located Health and Human Services (HHS). AHRQ administers the provisions of the within the Department of Health and Patient Safety Act and Patient Safety ACTION: Notice of delisting. Human Services (HHS), announces the Rule relating to the listing and operation 2019 Vessel Sanitation Program (VSP) SUMMARY: The Patient Safety Rule of PSOs. The Patient Safety Rule public meeting. This meeting serves as authorizes AHRQ, on behalf of the authorizes AHRQ to list as a PSO an a forum for HHS/CDC to present Secretary of HHS, to list as a PSO an entity that attests that it meets the clarifications to the 2018 VSP entity that attests that it meets the statutory and regulatory requirements Operations Manual and Construction statutory and regulatory requirements for listing. A PSO can be ‘‘delisted’’ if Guidelines and the proposed fee for listing. A PSO can be ‘‘delisted’’ by it is found to no longer meet the schedule for fiscal year 2020. HHS/CDC the Secretary if it is found to no longer requirements of the Patient Safety Act is also opening a public docket so that meet the requirements of the Patient and Patient Safety Rule, when a PSO additional comments and materials may Safety Act and Patient Safety Rule, chooses to voluntarily relinquish its be submitted. The official record of this when a PSO chooses to voluntarily status as a PSO for any reason, or when meeting will remain open through relinquish its status as a PSO for any a PSO’s listing expires. Section 3.108(d) February 22, 2019, so that materials or reason, or when a PSO’s listing expires. of the Patient Safety Rule requires additional comments related to the AHRQ has accepted a notification of AHRQ to provide public notice when it matters discussed at the meeting may be voluntary relinquishment from Fides, removes an organization from the list of submitted and made part of the record. LLC, PSO number P0134, of its status as federally approved PSOs. DATES: Written comments and all a PSO, and has delisted the PSO AHRQ has accepted a notification materials must be received on or before accordingly. February 22, 2019. from Fides, LLC, a component entity of DATES: The directories for both listed The meeting will be held from 9:00 Spectrum Medical Group, P.A., to and delisted PSOs are ongoing and a.m. to 4:00 p.m. on January 16, 2019, reviewed weekly by AHRQ. The voluntarily relinquish its status as a in the Ballroom at the DoubleTree delisting was effective at 12:00 Midnight PSO. Accordingly, Fides, LLC, P0134, Grand Hotel Biscayne Bay, 1717 North ET (2400) on October 9, 2018. was delisted effective at 12:00 Midnight Bayshore Drive, Miami, FL 33132. ET (2400) on October 9, 2018. ADDRESSES: Both directories can be Information regarding logistics is accessed electronically at the following Fides, LLC has patient safety work available on the VSP website HHS website: http://www.pso.ahrq.gov/ product (PSWP) in its possession. The (www.cdc.gov/nceh/vsp). listed. PSO will meet the requirements of Deadline for Requests for Special FOR FURTHER INFORMATION CONTACT: section 3.108(c)(2)(i) of the Patient Accommodations: Persons wishing to Eileen Hogan, Center for Quality Safety Rule regarding notification to participate in the public meeting who Improvement and Patient Safety, AHRQ, providers that have reported to the PSO need special accommodations should 5600 Fishers Lane, Room 06N94B, and of section 3.108(c)(2)(ii) regarding contact Commander Aimee Treffiletti Rockville, MD 20857; Telephone (toll disposition of PSWP consistent with ([email protected] or 954–356–6650 or 770– free): (866) 403–3697; Telephone (local): section 3.108(b)(3). According to section 488–3141) by Monday, January 14, (301) 427–1111; TTY (toll free): (866) 3.108(b)(3) of the Patient Safety Rule, 2019. 438–7231; TTY (local): (301) 427–1130; the PSO has 90 days from the effective ADDRESSES: You may submit comments, Email: [email protected]. date of delisting and revocation to identified by Docket No. CDC–2018– SUPPLEMENTARY INFORMATION: complete the disposition of PSWP that 0101, by any of the following methods: is currently in the PSO’s possession. • Federal eRulemaking Portal: Background www.regulations.gov. Follow the More information on PSOs can be The Patient Safety and Quality instructions for submitting comments. obtained through AHRQ’s PSO website Improvement Act of 2005, 42 U.S.C. • Mail: Vessel Sanitation Program, at http://www.pso.ahrq.gov. 299b–21 to b–26, (Patient Safety Act) National Center for Environmental and the related Patient Safety and Francis D. Chesley, Jr., Health, Centers for Disease Control and Quality Improvement Final Rule, 42 Acting Deputy Director. Prevention, 4770 Buford Highway NE, CFR part 3 (Patient Safety Rule), [FR Doc. 2018–23808 Filed 10–30–18; 8:45 am] MS F–58, Atlanta, Georgia 30341. published in the Federal Register on Instructions: All submissions received November 21, 2008, 73 FR 70732– BILLING CODE 4160–90–P must include the agency name and

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Docket Number. All relevant comments SUMMARY: In accordance with the recipient federal agency, provided to received will be posted without change Privacy Act of 1974, as amended, the Congress and the Office of Management to www.regulations.gov, including any Department of Health and Human and Budget (OMB), and made available personal information provided. For Services (HHS), Centers for Medicare & to the public, as required by 5 U.S.C. access to the docket to read background Medicaid Services (CMS) is providing 552a(o), (u)(3)(A), and (u)(4). documents or comments received, go to notice of a new matching program 2. Notify the individuals whose www.regulations.gov. between CMS and the Department of information will be used in the FOR FURTHER INFORMATION CONTACT: Defense (DoD), ‘‘Verification of matching program that the information Commander Aimee Treffiletti, Vessel Eligibility for Minimum Essential they provide is subject to verification Sanitation Program, National Center for Coverage Under the Patient Protection through matching, as required by 5 Environmental Health, Centers for and Affordable Care Act Through a U.S.C. 552a(o)(1)(D). Disease Control and Prevention, 4770 Department of Defense Health Benefits 3. Verify match findings before Buford Highway NE, MS F–58, Atlanta, Plan.’’ suspending, terminating, reducing, or Georgia 30341; phone: 954–356–6650 or DATES: The deadline for comments on making a final denial of an individual’s 770–488–3141; email: [email protected]. this notice is November 30, 2018. The benefits or payments or taking other adverse action against the individual, as SUPPLEMENTARY INFORMATION: The re-established matching program will commence not sooner than 30 days after required by 5 U.S.C. 552a(p). purpose of the meeting is to present 4. Report the matching program to VSP’s clarifications to the 2018 publication of this notice, provided no comments are received that warrant a Congress and the OMB, in advance and Operations Manual and Construction annually, as required by 5 U.S.C. Guidelines and the proposed fee change to this notice. The matching program will be conducted for an initial 552a(o) (2)(A)(i), (r), and (u)(3)(D). schedule for fiscal year 2020. 5. Publish advance notice of the The 2018 Operations Manual and term of 18 months (from approximately December 2018 to June 2020) and matching program in the Federal Construction Guidelines went into effect Register as required by 5 U.S.C. on June 1, 2018. Since that time, small within 3 months of expiration may be renewed for one additional year if the 552a(e)(12). errors and the need for clarifications to This matching program meets these parties make no change to the matching some sections have been identified. requirements. VSP issues a fee schedule annually program and certify that the program has been conducted in compliance with Barbara Demopulos, and will propose changing the current the matching agreement. fee schedule to include an additional CMS Privacy Advisor, Division of Security, size category for the largest cruise ships. ADDRESSES: Interested parties may Privacy Policy and Governance Information Security and Privacy Group, Office of Changes to the fee schedule are submit written comments on this notice, by mail or email, to the CMS Privacy Information Technology, Centers for Medicare expected to take effect in fiscal year & Medicaid Services. 2020. Officer, Division of Security, Privacy Matters to be Discussed: Policy & Governance, Information Participating Agencies Security & Privacy Group, Office of • Clarifications to the VSP 2018 Department of Health and Human Information Technology, Centers for Operations Manual and Construction Services (HHS), Centers for Medicare & Medicare & Medicaid Services, Guidelines. Medicaid Services (CMS) is the Location: N1–14–56, 7500 Security • Proposed fee schedule for fiscal recipient agency, and the Department of Blvd., Baltimore, MD 21244–1850, year 2020. Defense (DoD), Defense Manpower Data [email protected]. Meeting Accessibility: The meeting is Center (DMDC) is the source agency. open to the public, but space is limited FOR FURTHER INFORMATION CONTACT: If Authority for Conducting the Matching to approximately 70 people. Advanced you have questions about the matching Program registration is required. Information program, you may contact Jack Lavelle, regarding logistics is available on the Senior Advisor, Marketplace Eligibility The matching program is authorized VSP website (www.cdc.gov/nceh/vsp). and Enrollment Group, Centers for under 42 U.S.C. 18001, et seq. Consumer Information and Insurance Attendees at the annual meeting Purpose(s) normally include cruise ship industry Oversight, CMS, at (410) 786–0639, or officials, private sanitation consultants, by email at [email protected], The purpose of the matching program and other interested parties. or by mail at 7501 Wisconsin Ave., is to provide CMS with DoD data Bethesda, MD 20814. verifying individuals’ eligibility for Dated: October 17, 2018. SUPPLEMENTARY INFORMATION: The coverage under a DoD health benefits Sandra Cashman, Privacy Act of 1974, as amended (5 plan (i.e., TRICARE), when requested by Executive Secretary, Centers for Disease U.S.C. 552a) provides certain CMS and state-based administering Control and Prevention. protections for individuals applying for entities (AE) for the purpose of [FR Doc. 2018–23715 Filed 10–30–18; 8:45 am] and receiving federal benefits. The law determining the individuals’ eligibility BILLING CODE 4163–18–P governs the use of computer matching for insurance affordability programs by federal agencies when records in a under the Affordable Care Act (ACA). system of records (meaning, federal CMS and the requesting AE will use the DEPARTMENT OF HEALTH AND agency records about individuals DoD data to determine whether an HUMAN SERVICES retrieved by name or other personal enrollee in private health coverage identifier) are matched with records of under a qualified health plan through a Privacy Act of 1974; Matching Program other federal or non-federal agencies. federally-facilitated or state-based AGENCY: Centers for Medicare & The Privacy Act requires agencies health insurance exchange is eligible for Medicaid Services (CMS), Department involved in a matching program to: coverage under TRICARE, and the dates of Health and Human Services (HHS). 1. Enter into a written agreement, the individual was eligible for TRICARE which must be prepared in accordance coverage. DoD health benefit plans ACTION: Notice of a new matching with the Privacy Act, approved by the provide minimum essential coverage program. Data Integrity Board of each source and (MEC), and eligibility for such plans

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usually precludes eligibility for A. CMS System of Records modifications that impact a previously financial assistance in paying for private b MCMS Health Insurance announced advisory committee meeting coverage. CMS and AE will use the DoD Exchanges System (HIX), CMS System cannot always be published quickly data to authenticate identity, determine No. 09–70–0560, last published in full enough to provide timely notice. eligibility for financial assistance at 78 FR 63211 (Oct. 23, 2013), as Therefore, you should always check the (including an advance tax credit and amended at 83 FR 6591 (Feb. 14, 2018). Agency’s website at https:// cost-sharing reduction, which are types www.fda.gov/AdvisoryCommittees/ of insurance affordability programs), B. DoD Systems of Records default.htm and scroll down to the and determine the amount of the b SDMDC 02 DoD, Defense appropriate advisory committee meeting financial assistance. Enrollment Eligibility Reporting link, or call the advisory committee information line to learn about possible Categories of Individuals Systems (DEERS), 80 FR 68304 (Nov. 4, 2015), as amended at 81 FR 49210 (July modifications before coming to the The categories of individuals whose 27, 2016). meeting. information is involved in the matching [FR Doc. 2018–23780 Filed 10–30–18; 8:45 am] SUPPLEMENTARY INFORMATION: program are active duty service BILLING CODE 4120–03–P Agenda: On December 4, 2018, the members and their family members and SAB Chairperson will welcome the retirees and their family members participants, and the NCTR Director will whose TRICARE eligibility records at DEPARTMENT OF HEALTH AND provide a center-wide update on DoD match data provided to DoD by HUMAN SERVICES scientific initiatives and CMS (submitted by AEs) about accomplishments during the past year. individual consumers who are applying Food and Drug Administration The SAB will be presented with an for or are enrolled in private health [[Docket No. FDA–2018–N–3844] overview of the SAB Subcommittee Site insurance coverage under a qualified Visit report and a response to this health plan through a federally- Science Advisory Board to the review. There will be updates from the facilitated or state-based health National Center for Toxicological NCTR research divisions and a public insurance exchange. Research Advisory Committee; Notice comment session. of Meeting On December 5, 2018, there will be a Categories of Records statement given by the FDA Chief AGENCY: Food and Drug Administration, Scientist. The Center for Biologics and The categories of records used in the HHS. matching program are identity records Evaluation and Research, Center for ACTION: Notice. and minimum essential coverage period Drug Evaluation and Research, Center records. The data elements are as SUMMARY: The Food and Drug for Devices and Radiological Health, follows: Administration (FDA or Agency) Center for Food Safety and Applied Nutrition, and the Center for Tobacco A. From CMS to DoD announces a forthcoming public advisory committee meeting of the Products will each briefly discuss their For each applicant or enrollee seeking Science Advisory Board (SAB) to the center-specific research strategic needs an eligibility determination, CMS will National Center for Toxicological and potential areas of collaboration. Following an open discussion of all submit a request file to DoD that may Research (NCTR). The general function the information presented, the open contain, but is not limited to, the of the committee is to provide advice session of the meeting will close so the following specified data elements in a and recommendations to the Agency on SAB members can discuss personnel fixed record format: Transaction ID, research being conducted at the NCTR. issues at NCTR at the end of each day. social security number (SSN), first At least one portion of the meeting will FDA intends to make background name, middle name, surname, date of be closed to the public. material available to the public no later birth, gender, requested qualified health DATES: The meeting will be held on than 2 business days before the meeting. plan (QHP) coverage effective date, December 4, 2018, from 8:00 a.m. to If FDA is unable to post the background requested QHP coverage end date. 5:45 p.m., and on December 5, 2018, material on its website prior to the from 8:00 a.m. to 11:30 a.m. B. From DoD to CMS meeting, the background material will ADDRESSES: Heifer Village, 1 World be made publicly available at the For each applicant or enrollee seeking Avenue, Little Rock, AR 72202. location of the advisory committee an eligibility determination, DoD will Answers to commonly asked questions meeting, and the background material provide CMS with data indicating including information regarding special will be posted on FDA’s website after whether or not the individual is eligible accommodations due to a disability, the meeting. Background material is for MEC through TRICARE during the visitor parking, and transportation may available at https://www.fda.gov/ applicable QHP coverage period. The be accessed at: https://www.fda.gov/ AdvisoryCommittees/Calendar/ data may contain, but is not limited to, AdvisoryCommittees/ default.htm. Scroll down to the the following specified data elements in AboutAdvisoryCommittees/ appropriate advisory committee meeting a fixed record format: Insurance end ucm408555.htm. link. date, person SSN identification, FOR FURTHER INFORMATION CONTACT: Procedure: On December 4, 2018, response code, response code text. Donna Mendrick, National Center for from 8:00 a.m. to 5:45 p.m., and System(s) of Records Toxicological Research, Food and Drug December 5, 2018, from 8:00 a.m. to Administration, 10903 New Hampshire 11:30 a.m., the meeting is open to the The records used in this matching Ave., Bldg. 32, Rm. 2208, Silver Spring, public. Interested persons may present program are disclosed from the MD 20993–0002, 301–796–8892; or FDA data, information, or views, orally or in following systems of records, as Advisory Committee Information Line, writing, on issues pending before the authorized by routine uses published in 1–800–741–8138 (301–443–0572 in the committee. Written submissions may be the System of Records Notices (SORNs) Washington, DC area). A notice in the made to the contact person on or before cited below: Federal Register about last minute November 27, 2018. Oral presentations

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from the public will be scheduled AdvisoryCommittees/ following subjects: (1) The necessity and between approximately 1:15 p.m. and AboutAdvisoryCommittees/ utility of the proposed information 2:15 p.m. on December 4, 2018. Those ucm111462.htm for procedures on collection for the proper performance of individuals interested in making formal public conduct during advisory the agency’s functions; (2) the accuracy oral presentations should notify the committee meetings. of the estimated burden; (3) ways to contact person and submit a brief Notice of this meeting is given under enhance the quality, utility, and clarity statement of the general nature of the the Federal Advisory Committee Act (5 of the information to be collected; and evidence or arguments they wish to U.S.C. app. 2). (4) the use of automated collection present, the names and addresses of Dated: October 25, 2018. techniques or other forms of information proposed participants, and an Leslie Kux, technology to minimize the information indication of the approximate time collection burden. Associate Commissioner for Policy. requested to make their presentation on Title of the Collection: The Nation [FR Doc. 2018–23742 Filed 10–30–18; 8:45 am] or before November 19, 2018. Time Blood Collection & Utilization Survey allotted for each presentation may be BILLING CODE 4164–01–P (NBCUS). limited. If the number of registrants Type of Collection: Extension on a requesting to speak is greater than can previously approved collection. be reasonably accommodated during the DEPARTMENT OF HEALTH AND scheduled open public hearing session, HUMAN SERVICES OMB No. 0990–0313- Office of the Assistant Secretary for Health—Office of FDA may conduct a lottery to determine [Document Identifier: OS–0990–0313] the speakers for the scheduled open HIV/AIDS and Infectious Disease Policy public hearing session. The contact Agency Information Collection (OHAIDP). person will notify interested persons Request: 30-Day Public Comment Abstract: Length of request: 3 years. regarding their request to speak by Request The Nation Blood Collection & November 19, 2018. Utilization Survey (NBCUS) is a Closed Committee Deliberations: On AGENCY: Office of the Secretary, HHS. biennial survey of the blood collection December 4, 2018, from 5:45 p.m. to ACTION: Notice. and utilization community to produce 6:00 p.m., and December 5, 2018, from reliable and accurate estimates of SUMMARY: In compliance with the 11:30 a.m. to 12:00 p.m., the meeting national and regional collections, requirement of the Paperwork will be closed to permit discussion utilization and safety of all blood Reduction Act of 1995, the Office of the where disclosure would constitute a products. The 2019 NBCUS is funded by Secretary (OS), Department of Health clearly unwarranted invasion of Department of Health and Human and Human Services, is publishing the personal privacy (5 U.S.C. 552b(c)(6)). Services (DHHS/OASH) and performed following summary of a proposed This portion of the meeting will be by the Centers for Disease Control and collection for public comment. closed to permit discussion of Prevention (CDC). In previous years, a information concerning individuals DATES: Comments on the ICR must be similar survey was performed under the associated with the research programs at received on or before November 30, auspices of the National Blood Data NCTR. 2018. Resource Center (NBDRC), a private Persons attending FDA’s advisory ADDRESSES: Submit your comments to subsidiary of AABB (formerly known as committee meetings are advised that the [email protected] or via the American Association of Blood Agency is not responsible for providing facsimile to (202) 395–5806. Banks), with private funding. In 2005, access to electrical outlets. FOR FURTHER INFORMATION CONTACT: 2007, 2009, and 2011 the survey was FDA welcomes the attendance of the Sherrette Funn, [email protected] funded by HHS/OS/OASH and public at its advisory committee or (202) 795–7714. When submitting performed under contract by AABB. The meetings and will make every effort to comments or requesting information, CDC has since performed the 2013, accommodate persons with disabilities. please include the document identifier 2015, and 2017 iterations of the NBCUS. If you require accommodations due to a 0990–0313–30D and project title for Type of respondent: U.S. Blood disability, please contact Donna reference. Collection Centers (number sampled: Mendrick at least 7 days in advance of 70), U.S. Hospital Blood Banks (number SUPPLEMENTARY INFORMATION: Interested the meeting. sampled: 2850); frequency: biennial; FDA is committed to the orderly persons are invited to send comments and the affected public: private conduct of its advisory committee regarding this burden estimate or any businesses. meetings. Please visit our website at other aspect of this collection of https://www.fda.gov/ information, including any of the Estimated Annualized Burden Table

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

Hospital Blood Banks ...... 2850 1 2 5700 Blood Collection Centers ...... 70 1 2 140

Total ...... 2920 ...... 5840

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Terry Clark, Special Emphasis Panel; Special Emphasis Time: 12:00 p.m. to 3:00 p.m. Office of the Secretary, Paperwork Reduction Panel for Review of Research Conference Agenda: To review and evaluate grant Act Reports Clearance Officer. (R13) Grant Applications. applications. Date: December 10, 2018. Place: National Institutes of Health, 6701 [FR Doc. 2018–23777 Filed 10–30–18; 8:45 am] Time: 1:00 p.m. to 5:00 p.m. Rockledge Drive, Bethesda, MD 20892 BILLING CODE 4150–41–P Agenda: To review and evaluate grant (Virtual Meeting). applications. Contact Person: Chee Lim, Ph.D., Scientific Place: National Institutes of Health, Review Officer, Center for Scientific Review, DEPARTMENT OF HEALTH AND Gateway Plaza, 7201 Wisconsin Avenue, National Institutes of Health, 6701 Rockledge HUMAN SERVICES Bethesda, MD 20817. Drive, Room 4128, Bethesda, MD 20892, 301– Contact Person: Deborah Ismond, Ph.D., 435–1850, [email protected]. National Institutes of Health Scientific Review Officer, Division of (Catalogue of Federal Domestic Assistance Scientific Programs, National Institute on Program Nos. 93.306, Comparative Medicine; National Institute on Minority Health Minority Health and Health Disparities, 93.333, Clinical Research; 93.306, 93.333, and Health Disparities; Notice of Gateway Plaza, 7201 Wisconsin Avenue, 93.337, 93.393–93.396, 93.837–93.844, Closed Meetings Bethesda, MD 20817, (301) 594–2704, 93.846–93.878, 93.892, 93.893, National [email protected]. Pursuant to section 10(d) of the Institutes of Health, HHS) Federal Advisory Committee Act, as Dated: October 25, 2018. Dated: October 25, 2018. amended, notice is hereby given of the David D. Clary, David D. Clary, following meetings. Program Analyst, Office of Federal Advisory Program Analyst, Office of Federal Advisory The meetings will be closed to the Committee Policy. Committee Policy. public in accordance with the [FR Doc. 2018–23738 Filed 10–30–18; 8:45 am] [FR Doc. 2018–23740 Filed 10–30–18; 8:45 am] provisions set forth in sections BILLING CODE 4140–01–P BILLING CODE 4140–01–P 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND confidential trade secrets or commercial HUMAN SERVICES HUMAN SERVICES property such as patentable materials, and personal information concerning National Institutes of Health National Institutes of Health individuals associated with the grant Center for Scientific Review; Notice of National Institute of Nursing Research; applications, the disclosure of which Closed Meetings would constitute a clearly unwarranted Notice To Close Meeting invasion of personal privacy. Pursuant to section 10(d) of the Pursuant to section 10(d) of the Name of Committee: National Institute on Federal Advisory Committee Act, as amended, notice is hereby given of the Federal Advisory Committee Act, as Minority Health and Health Disparities amended, notice is hereby given of the Special Emphasis Panel; Innovations for following meetings. Health Living—Improving Minority Health The meetings will be closed to the following meeting. and Eliminating Health Disparities. public in accordance with the The meeting will be closed to the Date: December 4, 2018. provisions set forth in sections public in accordance with the Time: 9:00 a.m. to 6:00 p.m. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., provisions set forth in sections Agenda: To review and evaluate grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications. as amended. The grant applications and Place: National Institute on Minority the discussions could disclose as amended. The grant applications and Health and Health Disparities, 7201 confidential trade secrets or commercial the discussions could disclose Wisconsin Ave., Suite 525, Rm. 533K, property such as patentable material, confidential trade secrets or commercial Bethesda, MD 20814 (Telephone Conference and personal information concerning property such as patentable material, Call). individuals associated with the grant and personal information concerning Contact Person: Xinli Nan, Ph.D., Scientific applications, the disclosure of which individuals associated with the grant Review Officer, National Institute on would constitute a clearly unwarranted applications, the disclosure of which Minority Health and Health Disparities, would constitute a clearly unwarranted National Institutes of Health, Scientific invasion of personal privacy. Review Branch, OERA, 7201 Wisconsin Ave., Name of Committee: Center for Scientific invasion of personal privacy. Suite 525, Bethesda, MD 20814, (301) 594– Review Special Emphasis Panel; High-End Name of Committee: National Institute of 7784, [email protected]. (PAR 18–598) and Shared (PAR 18–600) Nursing Research Special Emphasis Panel; Name of Committee: National Institute on Instrumentation Grant Programs: Electron Lasker Clinical Research Scholars Program. Minority Health and Health Disparities Microscopes and Ancillary Equipment. Date: November 5, 2018. Special Emphasis Panel; RCMI Research Date: November 19–20, 2018. Time: 11:00 a.m. to 1:00 p.m. Coordinating Network (RRCN) (U54). Time: 11:00 a.m. to 5:00 p.m. Agenda: To review and evaluate grant Date: December 12, 2018. Agenda: To review and evaluate grant applications. Time: 12:00 p.m. to 6:00 p.m. applications. Place: National Institutes of Health, One Agenda: To review and evaluate grant Place: National Institutes of Health, 6701 Democracy Boulevard, 6701 Democracy applications. Rockledge Drive, Bethesda, MD 20892 Boulevard, Suite 703, Bethesda, MD 20892 Place: Gateway Building, 7201 Wisconsin (Virtual Meeting). (Telephone Conference Call). Ave, Suite 533, Bethesda, MD 20814 (Virtual Contact Person: David Balasundaram, Contact Person: Weiqun Li, MD, Scientific Meeting). Ph.D., Scientific Review Officer, Center for Review Officer, National Institute of Nursing Contact Person: Maryline Laude-Sharp, Scientific Review, National Institutes of Research, National Institutes of Health, 6701 Ph.D., Scientific Review Officer, National Health, 6701 Rockledge Drive, Room 5189, Democracy Boulevard, Suite 710, Bethesda, Institute on Minority Health and Health MSC 7840, Bethesda, MD 20892, 301–435– MD 20892, (301) 594–5966, wli@ Disparities, National Institutes of Health, 1022, [email protected]. mail.nih.gov. 7201 Wisconsin Ave., Bethesda, MD 20814, Name of Committee: Center for Scientific This notice is being published less than 15 (301) 451–9536, [email protected]. Review Special Emphasis Panel; Member days prior to the meeting due to the timing Name of Committee: National Institute on Conflict: Cardiovascular Sciences. limitations imposed by the review and Minority Health and Health Disparities Date: November 28–29, 2018. funding cycle.

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(Catalogue of Federal Domestic Assistance Contact Person: Ann A. Jerkins, Ph.D., Martin Luther King Jr. Ave. SE, Stop Program Nos. 93.361, Nursing Research, Scientific Review Officer, Review Branch, 7710, Washington, DC 20593–7710. National Institutes of Health, HHS) DEA, NIDDK, National Institutes of Health, FOR FURTHER INFORMATION CONTACT: Dated: October 25, 2018. Room 7119, 6707 Democracy Boulevard, Bethesda, MD 20892–5452, 301–594–2242, Contact Mr. Anthony Smith, Office of Sylvia L. Neal, [email protected]. Information Management, telephone Program Analyst, Office of Federal Advisory (Catalogue of Federal Domestic Assistance 202–475–3532, or fax 202–372–8405, for Committee Policy. Program Nos. 93.847, Diabetes, questions on these documents. [FR Doc. 2018–23737 Filed 10–30–18; 8:45 am] Endocrinology and Metabolic Research; SUPPLEMENTARY INFORMATION: BILLING CODE 4140–01–P 93.848, Digestive Diseases and Nutrition Research; 93.849, Kidney Diseases, Urology Public Participation and Request for and Hematology Research, National Institutes Comments DEPARTMENT OF HEALTH AND of Health, HHS) This Notice relies on the authority of HUMAN SERVICES Dated: October 25, 2018. the Paperwork Reduction Act of 1995; David D. Clary, 44 U.S.C. Chapter 35, as amended. An National Institutes of Health Program Analyst, Office of Federal Advisory ICR is an application to OIRA seeking National Institute of Diabetes and Committee Policy. the approval, extension, or renewal of a Digestive and Kidney Diseases; Notice [FR Doc. 2018–23739 Filed 10–30–18; 8:45 am] Coast Guard collection of information of Closed Meetings BILLING CODE 4140–01–P (Collection). The ICR contains information describing the Collection’s Pursuant to section 10(d) of the purpose, the Collection’s likely burden Federal Advisory Committee Act, as DEPARTMENT OF HOMELAND on the affected public, an explanation of amended, notice is hereby given of the SECURITY the necessity of the Collection, and following meetings. other important information describing The meetings will be closed to the Coast Guard the Collection. There is one ICR for each public in accordance with the Collection. [Docket No. USCG–2018–0793] provisions set forth in sections The Coast Guard invites comments on 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Information Collection Request to whether this ICR should be granted as amended. The grant applications and Office of Management and Budget; based on the Collection being necessary the discussions could disclose OMB Control Number: 1625–0108 for the proper performance of confidential trade secrets or commercial Departmental functions. In particular, property such as patentable material, AGENCY: Coast Guard, DHS. the Coast Guard would appreciate and personal information concerning ACTION: Sixty-day notice requesting comments addressing: (1) The practical individuals associated with the grant comments. utility of the Collection; (2) the accuracy applications, the disclosure of which of the estimated burden of the would constitute a clearly unwarranted SUMMARY: In compliance with the Collection; (3) ways to enhance the invasion of personal privacy. Paperwork Reduction Act of 1995, the quality, utility, and clarity of Name of Committee: National Institute of U.S. Coast Guard intends to submit an information subject to the Collection; Diabetes and Digestive and Kidney Diseases Information Collection Request (ICR) to and (4) ways to minimize the burden of Special Emphasis Panel; NIDDK Exploratory the Office of Management and Budget the Collection on respondents, Clinical Trial SBIR Applications. (OMB), Office of Information and including the use of automated Date: November 14, 2018. Regulatory Affairs (OIRA), requesting an collection techniques or other forms of Time: 12:00 p.m. to 2:00 p.m. extension of its approval for the Agenda: To review and evaluate grant information technology. In response to following collection of information: your comments, we may revise this ICR applications. 1625–0108, Standard Numbering Place: National Institutes of Health, Two or decide not to seek an extension of Democracy Plaza, 6707 Democracy System for Undocumented Vessels; approval for the Collection. We will Boulevard, Bethesda, MD 20892, (Telephone without change. Our ICR describes the consider all comments and material Conference Call). information we seek to collect from the received during the comment period. Contact Person: Thomas A. Tatham, Ph.D., public. Before submitting this ICR to We encourage you to respond to this Scientific Review Officer, Review Branch, OIRA, the Coast Guard is inviting request by submitting comments and DEA, NIDDK, National Institutes of Health, comments as described below. Room 7021, 6707 Democracy Boulevard, related materials. Comments must DATES: Comments must reach the Coast Bethesda, MD 20892–5452, (301) 594–3993, contain the OMB Control Number of the [email protected]. Guard on or before December 31, 2018. ICR and the docket number of this This notice is being published less than 15 ADDRESSES: You may submit comments request, [USCG–2018–0793], and must days prior to the meeting due to the timing identified by Coast Guard docket be received by December 31, 2018. number [USCG–2018–0793] to the Coast limitations imposed by the review and Submitting Comments funding cycle. Guard using the Federal eRulemaking Name of Committee: National Institute of Portal at https://www.regulations.gov. We encourage you to submit Diabetes and Digestive and Kidney Diseases See the ‘‘Public participation and comments through the Federal Special Emphasis Panel; Collaborative request for comments’’ portion of the eRulemaking Portal at https:// Clinical Research in Type 1 Diabetes: Living SUPPLEMENTARY INFORMATION section for www.regulations.gov. If your material Biobank (R01). further instructions on submitting cannot be submitted using https:// Date: November 30, 2018. comments. www.regulations.gov, contact the person Time: 1:00 p.m. to 5:00 p.m. A copy of the ICR is available through in the FOR FURTHER INFORMATION Agenda: To review and evaluate grant CONTACT applications. the docket on the internet at https:// section of this document for Place: National Institutes of Health, Two www.regulations.gov. Additionally, alternate instructions. Documents Democracy Plaza, 6707 Democracy copies are available from: Commandant mentioned in this notice, and all public Boulevard, Bethesda, MD 20892 (Telephone (CG–612), Attn: Paperwork Reduction comments, are in our online docket at Conference Call). Act Manager, U.S. Coast Guard, 2703 https://www.regulations.gov and can be

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viewed by following that website’s owners. States submit reports annually DEPARTMENT OF HOMELAND instructions. Additionally, if you go to to the Coast Guard on the number, size, SECURITY the online docket and sign up for email construction, etc., of vessels they have alerts, you will be notified when numbered. That information is used by Transportation Security Administration comments are posted. the Coast Guard in (1) publication of an [Docket No. TSA–2005–21866] We accept anonymous comments. All annual ‘‘Boating Statistics’’ report comments received will be posted required by 46 U.S.C. 6102(b), and (2) Intent To Request Extension From without change to https:// for allocation of Federal funds to assist OMB of One Current Public Collection www.regulations.gov and will include States in carrying out the Recreational of Information: Enhanced Security any personal information you have Boating Safety (RBS) Program Procedures at Ronald Reagan provided. For more about privacy and Washington National Airport the docket, you may review a Privacy established by 46 U.S.C. chapter 131. Act notice regarding the Federal Docket On a daily basis or as warranted, AGENCY: Transportation Security Management System in the March 24, Federal, State, and local law Administration, DHS. 2005, issue of the Federal Register (70 enforcement personnel use SNS ACTION: 60-Day notice. FR 15086). information from the States’ numbering SUMMARY: The Transportation Security Information Collection Request systems for enforcement of boating laws or theft and fraud investigations. In Administration (TSA) invites public TITLE: Standard Numbering System addition, when encountering a vessel comment on one currently approved for Undocumented Vessels. suspected of illegal activity, information Information Collection Request (ICR), OMB CONTROL NUMBER: 1625– from the SNS increases officer safety by Office of Management and Budget 0108. (OMB) control number 1652–0035, assisting boarding officers in SUMMARY: The Standard Numbering abstracted below that we will submit to determining how best to approach a System collects information on OMB for an extension in compliance vessel. Since, the September 11, 2001 undocumented vessels and vessel with the Paperwork Reduction Act owners operating on waters subject to terrorist attacks on the United States, (PRA). The ICR describes the nature of the jurisdiction of the United States. the need has increased for identification the information collection and its Federal, State, and local law of undocumented vessels and their expected burden. The collection enforcement agencies use information owners for port security and other requires General Aviation (GA) aircraft from the system for enforcement of missions to safeguard the homeland, operators who wish to fly into and out boating laws or theft and fraud although the statutory requirement for of Ronald Reagan Washington National investigations. Since the September 11, numbering of vessels dates back to 1918. Airport (DCA) to designate a security 2001 terrorist attacks on the United FORMS: None. coordinator and adopt a DCA Access States, the need has increased for Standard Security Program (DASSP). RESPONDENTS: Owners of all identification of undocumented vessels The collection also involves obtaining undocumented vessels propelled by to meet port security and other missions information for Armed Security Officers machinery are required by Federal law to safeguard the homeland. (ASOs). NEED: Subsection 12301(a) of Title to apply for a number from the issuing DATES: authority of the State in which the Send your comments by 46, United States Code, requires December 31, 2018. undocumented vessels equipped with vessel is to be principally operated. In propulsion machinery of any kind to be addition, States may require other ADDRESSES: Comments may be emailed numbered in State where the vessel is vessels, such as sailboats or even canoes to [email protected] or delivered to principally operated. In 46 U.S.C. and kayaks, to be numbered. ‘‘Owners’’ the TSA PRA Officer, Information Technology (IT), TSA–11, 12302(a), Congress authorized the may include individuals or households, Transportation Security Administration, Secretary to prescribe, by regulation, a non-profit organizations, and small 601 South 12th Street, Arlington, VA Standard Numbering System (SNS). The businesses (e.g., liveries that offer 20598–6011. Secretary shall approve a State recreational vessels for rental by the FOR FURTHER INFORMATION CONTACT: numbering system if that system is public) or other for-profit organizations. consistent with the SNS. The Secretary Christina A. Walsh at the above address, has delegated his authority under 46 FREQUENCY: On occasion. or by telephone (571) 227–2062. U.S.C. 12301 and 12302 to Commandant HOUR BURDEN ESTIMATE: The SUPPLEMENTARY INFORMATION: of the U.S. Coast Guard. DHS Delegation estimated burden has decreased from Comments Invited No. 0170.1. The regulations requiring 257,896 hours to 256,472 hours a year the numbering of undocumented vessels due to a decrease in the estimated In accordance with the Paperwork are in 33 CFR part 173, and regulations annual number of respondents. Reduction Act of 1995 (44 U.S.C. 3501 establishing the SNS for States to et seq.), an agency may not conduct or Authority: The Paperwork Reduction Act sponsor, and a person is not required to voluntarily carry out this function are of 1995; 44 U.S.C. Chapter 35, as amended. contained in 33 CFR part 174. respond to, a collection of information In States that do not have an approved Dated: October 25, 2018. unless it displays a valid OMB control system, the Federal Government (U.S. James D. Roppel, number. The ICR documentation will be Coast Guard) must administer the vessel Acting Chief, U.S. Coast Guard, Office of available at http://www.reginfo.gov numbering system. Currently, all 56 Information Management. upon its submission to OMB. Therefore, States and Territories have approved [FR Doc. 2018–23711 Filed 10–30–18; 8:45 am] in preparation for OMB review and numbering systems. The approximate approval of the following information BILLING CODE 9110–04–P number of undocumented vessels collection, TSA is soliciting comments registered by the States in 2017 was to— nearly 12 million. (1) Evaluate whether the proposed The SNS collects information on information requirement is necessary for undocumented vessels and vessel the proper performance of the functions

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of the agency, including whether the into and out of DCA in accordance with DEPARTMENT OF HOMELAND information will have practical utility; 49 CFR 1562.23 and DASSP; and ASOs SECURITY (2) Evaluate the accuracy of the approved in accordance with 49 CFR agency’s estimate of the burden; part 1562.29. For flight crewmembers, Transportation Security Administration (3) Enhance the quality, utility, and TSA also uses this information to check [Docket No. TSA–2004–19147] clarity of the information to be their FAA records to determine whether collected; and they have a record of violation of Extension of Agency Information (4) Minimize the burden of the specified FAA regulations. As part of Collection Activity Under OMB Review: collection of information on those who the threat assessment process, TSA Flight Training for Aliens and Other are to respond, including using shares the information with the Federal Designated Individuals; Security appropriate automated, electronic, Bureau of Investigation (FBI) and the Awareness Training for Flight School mechanical, or other technological FAA. Employees collection techniques or other forms of Aircraft operators must also maintain information technology. AGENCY: Transportation Security Consistent with the requirements of CHRC records of all employees and Administration, DHS. authorized representatives for whom a Executive Order (E.O.) 13771, Reducing ACTION: 30-Day notice. Regulation and Controlling Regulatory CHRC has been completed. These Costs, and E.O. 13777, Enforcing the records must be made available to TSA SUMMARY: This notice announces that Regulatory Reform Agenda, TSA is also upon request. the Transportation Security requesting comments on the extent to Applicant Collection for the Armed Administration (TSA) has forwarded the which this request for information could Security Officer Program Information Collection Request (ICR), be modified to reduce the burden on Office of Management and Budget respondents. Under the Armed Security Officers (OMB) control number 1652–0021, Program, established by 49 CFR abstracted below to OMB for review and Information Collection Requirement 1562.29, aircraft operators and FBOs approval of an extension of the OMB Control Number 1652–0035; participating in this program can currently approved collection under the Enhanced Security Procedures at nominate the individuals they would Paperwork Reduction Act (PRA). The Ronald Reagan Washington National like to be qualified as ASOs by ICR describes the nature of the Airport (DCA). Each person who wishes submitting an ASO nomination form to information collection and its expected to operate an aircraft into and out of TSA. Once nominated, the ASOs are burden. The collection involves the DCA must designate a security required to submit fingerprints and submission of identifying information coordinator and adopt the DASSP. See identifying information, personal for background checks for all aliens and 49 CFR 1562.21 and 1562.23. Once history information, a photograph, and other designated individuals seeking aircraft operators have adopted the weapon information before an ASO flight instruction (‘‘candidates’’) from DASSP, the operators must request a application can be approved. TSA uses Federal Aviation Administration (FAA)- tentative slot reservation from the the applicants’ information to conduct a certificated flight training providers. Federal Aviation Administration (FAA) complete application vetting to include Through the information collected, TSA and request authorization from TSA to fingerprint-based CHRC and security will determine whether a candidate is a fly into or out of DCA. This information threat assessment, including threat to aviation or national security, is collected under OMB control number employment history verification check and thus prohibited from receiving 1652–0033 TSA Airspace Waiver of all prior law enforcement positions. flight training. Additionally, flight Program. If TSA approves the flight, Upon successful completion of these training providers are required to TSA will transmit that information to checks and law enforcement conduct a security awareness program FAA. employment history review, TSA makes for their employees and contract Applicant Collection for DCA Access the final determination of ASO employees and to maintain records Standard Security Program applicant eligibility. All qualified associated with this training. applicants must then successfully The DASSP application collects basic DATES: Send your comments by complete a TSA-approved training November 30, 2018. A comment to OMB information about the applicant, the course. aircraft operator, and the security is most effective if OMB receives it coordinator that the operator wishes to TSA estimates a total of 76 within 30 days of publication. designate, as well as the identifier of the respondents annually for DASSP ADDRESSES: Interested persons are airport used as a base of operation and applications, with an annual hour invited to submit written comments on whether the operator presently complies burden estimate of 76. TSA adjusted the the proposed information collection to with a TSA Standard Security Program. 2016 ICR submission respondent the Office of Information and Regulatory TSA also requires the following numbers to reflect a burden based on Affairs, OMB. Comments should be individuals to submit fingerprints for a aircraft operators only. In addition, TSA addressed to Desk Officer, Department criminal history records check (CHRC) estimates 84 respondents annually for of Homeland Security/TSA, and sent via and other identifying information for a ASO nominations, with an annual hour electronic mail to dhsdeskofficer@ name-based security threat assessment: burden of 98. The total number of omb.eop.gov. respondents is estimated to be 160, the Individuals designated as security FOR FURTHER INFORMATION CONTACT: annual burden hours is estimated to be coordinators by Fixed Base Operators Christina A. Walsh, TSA PRA Officer, 1 174 hours per year. (FBOs) under 49 CFR 1562.25 and GA Information Technology (IT), TSA–11, aircraft operators under 1562.23; flight Dated: October 25, 2018. Transportation Security Administration, crewmembers who operate GA aircraft Christina A. Walsh, 601 South 12th Street, Arlington, VA TSA Paperwork Reduction Act Officer, 20598–6011; telephone (571) 227–2062; 1 An FBO is an airport-based commercial Information Technology. email [email protected]. enterprise that provides support services to aircraft operators, such as maintenance, overnight parking, [FR Doc. 2018–23813 Filed 10–30–18; 8:45 am] SUPPLEMENTARY INFORMATION: TSA fueling and de-icing. BILLING CODE 9110–05–P published a Federal Register notice,

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with a 60-day comment period soliciting from receiving flight training. This FOR FURTHER INFORMATION CONTACT: comments, of the following collection of collection of information requires FAA- Christina A. Walsh, TSA PRA Officer, information on July 6, 2018, 83 FR certificated flight training providers to Information Technology (IT), TSA–11, 31561. provide TSA with the information Transportation Security Administration, necessary to conduct the STAs. The 601 South 12th Street, Arlington, VA Comments Invited collection, under 49 CFR part 1552, 20598–6011; telephone (571) 227–2062; In accordance with the Paperwork subpart B, relates to security awareness email [email protected]. Reduction Act of 1995 (44 U.S.C. 3501 training for flight school employees and SUPPLEMENTARY INFORMATION: TSA et seq.), an agency may not conduct or contract employees, which includes published a Federal Register notice, sponsor, and a person is not required to maintaining records of all such training. with a 60-day comment period soliciting respond to, a collection of information Number of Respondents: 53,900. comments, of the following collection of unless it displays a valid OMB control Estimated Annual Burden Hours: An information on May 30, 2018, 83 FR number. The ICR documentation will be estimated 50,667 hours annually. 24814. available at http://www.reginfo.gov Estimated Annual Cost Burden: upon its submission to OMB. Therefore, Comments Invited $14,189,000. in preparation for OMB review and In accordance with the Paperwork approval of the following information Dated: October 25, 2018. Reduction Act of 1995 (44 U.S.C. 3501 collection, TSA is soliciting comments Christina A. Walsh, et seq.), an agency may not conduct or to— TSA Paperwork Reduction Act Officer, sponsor, and a person is not required to (1) Evaluate whether the proposed Information Technology. respond to, a collection of information information requirement is necessary for [FR Doc. 2018–23815 Filed 10–30–18; 8:45 am] unless it displays a valid OMB control the proper performance of the functions BILLING CODE 9110–05–P number. The ICR documentation will be of the agency, including whether the available at http://www.reginfo.gov information will have practical utility; upon its submission to OMB. Therefore, (2) Evaluate the accuracy of the DEPARTMENT OF HOMELAND in preparation for OMB review and agency’s estimate of the burden; SECURITY approval of the following information (3) Enhance the quality, utility, and collection, TSA is soliciting comments Transportation Security Administration clarity of the information to be to— collected; and (1) Evaluate whether the proposed (4) Minimize the burden of the New Agency Information Collection Activity Under OMB Review: Law information requirement is necessary for collection of information on those who the proper performance of the functions are to respond, including using Enforcement Officers Safety Act and Retired Badge/Credential of the agency, including whether the appropriate automated, electronic, information will have practical utility; mechanical, or other technological AGENCY: Transportation Security (2) Evaluate the accuracy of the collection techniques or other forms of Administration, DHS. agency’s estimate of the burden; information technology. (3) Enhance the quality, utility, and Consistent with the requirements of ACTION: 30-day Notice. clarity of the information to be Executive Order (E.O.) 13771, Reducing collected; and Regulation and Controlling Regulatory SUMMARY: This notice announces that (4) Minimize the burden of the Costs, and E.O. 13777, Enforcing the the Transportation Security collection of information on those who Regulatory Reform Agenda, TSA is also Administration (TSA) has forwarded the are to respond, including using requesting comments on the extent to new Information Collection Request appropriate automated, electronic, which this request for information could (ICR) abstracted below to the Office of mechanical, or other technological be modified to reduce the burden on Management and Budget (OMB) for collection techniques or other forms of respondents. review and approval under the Paperwork Reduction Act (PRA). The information technology. Information Collection Requirement ICR describes the nature of the Consistent with the requirements of Title: Flight Training for Aliens and information collection and its expected Executive Order (E.O.) 13771, Reducing Other Designated Individuals; Security burden. The collection involves the Regulation and Controlling Regulatory Awareness Training for Flight School submission of information from former Costs, and E.O. 13777, Enforcing the Employees. employees who are interested in a Law Regulatory Reform Agenda, TSA is also Type of Request: Extension of a Enforcement Officers Safety Act requesting comments on the extent to currently approved collection. (LEOSA) Identification (ID) Card, a which this request for information could OMB Control Number: 1652–0021. retired badge, and/or a retired be modified to reduce the burden on Forms(s): N/A. credential. respondents. Affected Public: Aliens and other Information Collection Requirement designated individuals seeking flight DATES: Send your comments by instruction from FAA-certificated flight November 30, 2018. A comment to OMB Title: Law Enforcement Officers training providers; flight training is most effective if OMB receives it Safety Act and Retired Badge/ providers required to conduct security within 30 days of publication. Credential. awareness training and their employees. ADDRESSES: Interested persons are Type of Request: New collection. Abstract: This information collection invited to submit written comments on OMB Control Number: 1652–XXXX. relates to regulations issued by TSA for the proposed information collection to Forms: TSA Form 2825A; TSA Form flight schools. The collection, under 49 the Office of Information and Regulatory 2808. CFR part 1552, subpart A, relates to the Affairs, OMB. Comments should be Affected Public: Former TSA security threat assessments (STAs) that addressed to Desk Officer, Department employees. TSA requires to determine whether of Homeland Security/TSA, and sent via Abstract: TSA Management Directive candidates are a threat to aviation or electronic mail to dhsdeskofficer@ (MD) 3500.1, LEOSA Applicability and national security, and thus prohibited omb.eop.gov. Eligibility (June 5, 2018), implements

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the LEOSA 1 statute, DHS Directive 257– Estimated Annual Burden Hours: An SUPPLEMENTARY INFORMATION: TSA 01 Law Enforcement Officers Safety Act estimated 5.17 hours annually. published a Federal Register notice, (Dec. 22, 2017) and DHS Instruction Dated: October 25, 2018. with a 60-day comment period soliciting Number 257–01–001, The Law Christina A. Walsh, comments, of the following collection of Enforcement Officers Safety Act information on July 6, 2018, 83 FR Instruction (Jan. 18, 2018). Under this TSA Paperwork Reduction Act Officer, Information Technology. 31559. MD, TSA issues photographic identification to retired LEOs who [FR Doc. 2018–23818 Filed 10–30–18; 8:45 am] Comments Invited separated or retired from TSA in ‘‘good BILLING CODE 9110–05–P In accordance with the Paperwork standing’’ and meet other qualification Reduction Act of 1995 (44 U.S.C. 3501 requirements identified in this MD. et seq.), an agency may not conduct or DEPARTMENT OF HOMELAND Under TSA MD 2800.11, Badge and sponsor, and a person is not required to SECURITY Credential Program (Jan. 27, 2014), an respond to, a collection of information employee retiring from Federal service Transportation Security Administration unless it displays a valid OMB control is eligible to receive a ‘‘retired badge number. The ICR documentation will be and/or credential’’ if the individual: (1) Extension of Agency Information available at http://www.reginfo.gov Was issued a badge and/or credential, Collection Activity Under OMB Review: upon its submission to OMB. Therefore, (2) qualifies for a Federal annuity under Department of Homeland Security in preparation for OMB review and the Civil Service Retirement System Traveler Redress Inquiry Program approval of the following information (CSRS) or the Federal Employees (DHS TRIP) collection, TSA is soliciting comments Retirement System (FERS), and (3) to: meets all of the other qualification AGENCY: Transportation Security (1) Evaluate whether the proposed requirements under the MD.2 Administration, DHS. information requirement is necessary for Under TSA’s current application ACTION: 30-Day notice. the proper performance of the functions process for these two programs, of the agency, including whether the qualified applicants may apply for a SUMMARY: This notice announces that information will have practical utility; LEOSA ID Card, a Retired Badge, and/ the Transportation Security (2) Evaluate the accuracy of the or a Retired Credential, as applicable, Administration (TSA) has forwarded the agency’s estimate of the burden; either while still employed by the Information Collection Request (ICR), (3) Enhance the quality, utility, and Federal Government (shortly before Office of Management and Budget clarity of the information to be separating or retiring from the position (OMB) control number 1652–0044, collected; and for which they held their badge and/or abstracted below to OMB for review and (4) Minimize the burden of the credential) or after they have separated approval of a extension of the currently collection of information on those who or retired (after they become private approved collection under the are to respond, including using citizens, i.e., are no longer employed by Paperwork Reduction Act (PRA). The appropriate automated, electronic, the Federal Government). ICR describes the nature of the mechanical, or other technological The LEOSA Identification Card information collection and its expected collection techniques or other forms of Application (TSA Form 2825A) requires burden. The collection involves the information technology. collection of identifying information, submission of identifying and travel Consistent with the requirements of contact information, official title, experience information by individuals Executive Order (E.O.) 13771, Reducing separation date, and last known field requesting redress through the Regulation and Controlling Regulatory office. Similarly, TSA Form 2808–R, Department of Homeland Security Costs, and E.O. 13777, Enforcing the Retired Badge and/or Retired Credential (DHS) Traveler Redress Inquiry Regulatory Reform Agenda, TSA is also Application,3 requires collection of Program. The collection also involves requesting comments on the extent to identifying information, contact two voluntary customer satisfaction which this request for information could information, TSA employment/position surveys to identify areas for program be modified to reduce the burden on information (TSA component or respondents. Government agency), official title, and improvement. entry on duty date. DATES: Send your comments by Information Collection Requirement Number of Respondents: 62. November 30, 2018. A comment to OMB Title: Department of Homeland is most effective if OMB receives it Security Traveler Redress Inquiry 1 ‘‘Qualified retired law enforcement officer’’ may within 30 days of publication. Program (DHS TRIP). carry a concealed firearm in any jurisdiction in the United States, regardless of State or local laws, with ADDRESSES: Interested persons are Type of Request: Extension of a certain limitations and conditions. See Pub. L. 108– invited to submit written comments on currently approved collection. 277 (118 Stat. 865, July 22, 2004), codified in 18 the proposed information collection to OMB Control Number: 1652–0044. U.S.C. 926B and 926C, as amended by the Law Forms(s): Traveler Inquiry and Survey Enforcement Officers Safety Act Improvements Act the Office of Information and Regulatory Affairs, OMB. Comments should be Forms. of 2010 (Pub. L. 111–272, 124 Stat. 2855, Oct. 12, Affected Public: Traveling Public. 2010) and National Defense Authorization Act for addressed to Desk Officer, Department Abstract: DHS TRIP is a single point Fiscal Year 2013 (Pub. L. 112–239, 126 Stat. 1970, of Homeland Security/TSA, and sent via Jan. 2, 2013). of contact for individuals who have electronic mail to dhsdeskofficer@ 2 These instructions are included in DHS inquiries or seek resolution regarding omb.eop.gov. Instruction: 121–01–002 (Issuance and Control of difficulties they have experienced DHS Badges); DHS Instruction 121–01–008 (Issuance and Control of the DHS Credentials); and FOR FURTHER INFORMATION CONTACT: during their travel screening. The TSA the associated Handbook for TSA MD 2800.11. Christina A. Walsh, TSA PRA Officer, manages the DHS TRIP office on behalf 3 Since the publication of the 60-day notice, the Information Technology (IT), TSA–11, of DHS. The collection of information form title of TSA Form 2808, Personal Identify Transportation Security Administration, includes: (1) A Traveler Inquiry Form Verification (PIV) Card, Badge, Credential or Access Control Application, has been updated to TSA 601 South 12th Street, Arlington, VA (TIF), which includes the individual’s Form 2808–R, Retired Badge and/or Retired 20598–6011; telephone (571) 227–2062; identifying and travel experience Credential Application. email [email protected]. information; and (2) two optional,

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anonymous customer satisfaction also provides information explaining answers there, you may also call our surveys to allow the public to provide DHS’s plans to issue a subsequent USCIS Contact Center at 800–375–5283. DHS feedback on its experience using notice that will describe the steps DHS • Applicants seeking information DHS TRIP. will take after April 2, 2019 to continue about the status of their individual cases Number of Respondents: 15,000. its compliance with the preliminary may check Case Status Online, available Estimated Annual Burden Hours: An injunction. on the USCIS website at http:// estimated 15,500 hours annually. www.uscis.gov, or call the USCIS DATES: Estimated Cost Burden: An estimated The TPS designations of Sudan, Contact Center at 800–375–5283 (TTY $14,490 annually. Nicaragua, Haiti, and El Salvador will 800–767–1833). remain in effect, as required by the • Dated: October 25, 2018. Further information will also be preliminary injunction order of the U.S. available at local USCIS offices upon Christina Walsh, District Court for the Northern District publication of this Notice. TSA Paperwork Reduction Act Officer, of California in Ramos v. Nielsen, No. SUPPLEMENTARY INFORMATION: Information Technology. 18–cv–01554 (N.D. Cal. Oct. 3, 2018), so [FR Doc. 2018–23816 Filed 10–30–18; 8:45 am] long as the preliminary injunction Table of Abbreviations BILLING CODE 9110–05–P remains in effect. TPS for those BIA—Board of Immigration Appeals countries will not be terminated unless CFR—Code of Federal Regulations and until any superseding, final, non- DHS—U.S. Department of Homeland DEPARTMENT OF HOMELAND appealable judicial order permits the Security SECURITY implementation of such terminations. DOS—U.S. Department of State Information on the status of the EAD—Employment Authorization Document U.S. Citizenship and Immigration preliminary injunction will be available FNC—Final Nonconfirmation Services at http://uscis.gov/tps. Form I–94—Arrival/Departure Record FR—Federal Register [CIS No. 2631–18; DHS Docket No. USCIS– Further, DHS is automatically Government—U.S. Government 2018–0005] extending the validity of TPS-Related IJ—Immigration Judge RIN 1615–ZB78 Documentation for those beneficiaries INA—Immigration and Nationality Act under the TPS designations for Sudan IER—U.S. Department of Justice Civil Rights Continuation of Documentation for and Nicaragua, as specified in this Division, Immigrant and Employee Rights Beneficiaries of Temporary Protected Notice. Those documents will remain in Section effect for six months from the issuance SAVE—USCIS Systematic Alien Verification Status Designations for Sudan, for Entitlements Program Nicaragua, Haiti, and El Salvador of the preliminary injunction (which Secretary—Secretary of Homeland Security occurred on October 3, 2018), through TNC—Tentative Nonconfirmation AGENCY: U.S. Citizenship and April 2, 2019, provided the individual’s TPS—Temporary Protected Status Immigration Services, Department of TPS is not withdrawn under INA TTY—Text Telephone Homeland Security. section 244(c)(3) or 8 CFR 244.14 USCIS—U.S. Citizenship and Immigration ACTION: Notice. because of ineligibility. Services In the event the preliminary SUMMARY: Through this Notice, the injunction is reversed and that reversal Background on Temporary Protected Department of Homeland Security becomes final, DHS will allow for an Status (TPS) (DHS) announces actions to ensure its orderly transition period, as described • TPS is a temporary immigration compliance with the preliminary in the ‘‘Possible Future Action’’ section status granted to eligible nationals of a injunction order of the U.S. District of this Notice. country designated for TPS under the Court for the Northern District of INA, or to eligible persons without California in Ramos v. Nielsen, No. 18– FOR FURTHER INFORMATION CONTACT: nationality who last habitually resided cv–01554 (N.D. Cal. Oct. 3, 2018) • You may contact Samantha in the designated country. (‘‘preliminary injunction’’). Deshommes, Chief, Regulatory • Coordination Division, Office of Policy During the TPS designation period, Beneficiaries under the Temporary TPS beneficiaries are eligible to remain Protected Status (TPS) designations for and Strategy, U.S. Citizenship and Immigration Services, U.S. Department in the United States, may not be Sudan, Nicaragua, Haiti, and El removed, and are authorized to obtain Salvador will retain their TPS while the of Homeland Security, 20 Massachusetts Avenue NW, Washington, DC 20529– EADs so long as they continue to meet preliminary injunction remains in the requirements of TPS. effect, provided that an individual’s TPS 2060; or by phone at 800–375–5283. • • TPS beneficiaries may also apply status is not withdrawn under INA For further information on TPS, for and be granted travel authorization section 244(c)(3) or 8 CFR 244.14 please visit the USCIS TPS web page at as a matter of discretion. because of ineligibility. http://www.uscis.gov/tps. You can find • The granting of TPS does not result DHS is further announcing it is specific information about this in or lead to lawful permanent resident automatically extending through April continuation of the TPS benefits for status. 2, 2019, the validity of TPS-related eligible individuals under the TPS • To qualify for TPS, beneficiaries Employment Authorization Documents designations for Sudan, Nicaragua, must meet the eligibility standards at (EADs), Forms I–797, Notice of Action Haiti, and El Salvador by selecting the INA section 244(c)(1)–(2), 8 U.S.C. (Approval Notice), and Forms I–94 respective country’s page from the menu 1254a(c)(1)–(2). (Arrival/Departure Record) (collectively on the left side of the TPS web page. • When the Secretary terminates a ‘‘TPS-Related Documentation’’), as • If you have additional questions country’s TPS designation, beneficiaries specified in this Notice, for beneficiaries about Temporary Protected Status, return to one of the following: under the TPS designations for Sudan please visit uscis.gov/tools. Our online Æ The same immigration status or and Nicaragua, provided that the virtual assistant, Emma, can answer category that they maintained before affected TPS beneficiaries remain many of your questions and point you TPS, if any (unless that status or otherwise individually eligible for TPS. to additional information on our category has since expired or been See INA section 244(c)(3). This Notice website. If you are unable to find your terminated); or

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Æ Any other lawfully obtained Federal Register Notice and their EAD register properly for TPS during the last immigration status or category they to employers to demonstrate that their registration period may still file Form I– received while registered for TPS, as TPS-Related Documentation and 821 (Application for Temporary long as it is still valid on the date TPS employment authorization has been Protected Status) but must demonstrate terminates. extended through April 2, 2019. This ‘‘good cause’’ for failing to re-register on Notice explains how TPS beneficiaries Purpose of This Action time, as required by law. See INA, and their employers may determine section 244(c)(3)(C) (TPS beneficiary’s Through this Federal Register Notice, which EADs are automatically extended failure to register without good cause in the Department of Homeland Security and how this affects the Form I–9, form and manner specified by DHS is (DHS) announces actions to ensure its Employment Eligibility Verification, E- ground for TPS withdrawal); 8 CFR compliance with the preliminary Verify, and USCIS Systematic Alien 244.17(b) and Instructions to Form I– injunction order of the U.S. District Verification for Entitlements (SAVE) 821. Any eligible beneficiary under the Court for the Northern District of processes. TPS designations for Sudan or California in Ramos v. Nielsen, No. 18– Automatic Extension of Forms I–94 Nicaragua who either does not possess cv–01554 (N.D. Cal. Oct. 3, 2018) (Arrival/Departure Record) and Forms an EAD that is automatically extended (‘‘preliminary injunction’’). I–797 (Notice of Action (Approval by this Notice, or wishes to apply for a Beneficiaries under the Temporary Notice)) new EAD may file Form I–765 with Protected Status (TPS) designations for appropriate fee (or fee waiver request). Sudan, Nicaragua, Haiti, and El In addition, through this Federal If approved, USCIS will issue an EAD Salvador will retain their TPS while the Register Notice, DHS automatically with an April 2, 2019, expiration date. preliminary injunction remains in extends through April 2, 2019, the Similarly, USCIS will issue an EAD effect, provided that an individual’s TPS validity periods of the following Forms with an April 2, 2019 expiration date for status is not withdrawn under INA I–94 and Forms I–797, Notice of Action those with pending EAD applications section 244(c)(3) or 8 CFR 244.14 (Approval Notice) previously issued to that are ultimately approved. because of ineligibility. eligible beneficiaries granted TPS under DHS is further announcing it is the designations for Sudan and Possible Future Action automatically extending through April Nicaragua: 2, 2019, the validity of TPS-related If it becomes necessary to comply Beginning with statutory requirements for TPS re- Employment Authorization Documents Country date of End date of (EADs), Forms I–797, Notice of Action validity: validity: registration during the pendency of the (Approval Notice), and Forms I–94 Court’s Order or any superseding court (Arrival/Departure Record) (collectively Sudan ...... May 3, 2016 Nov. 2, 2017. order concerning the beneficiaries under ‘‘TPS-Related Documentation’’), as Nov. 3, 2017 Nov. 2, 2018. the TPS designations for Sudan, specified in this Notice, for beneficiaries Nicaragua ...... July 6, 2016 Jan. 5, 2018. Nicaragua, Haiti, and El Salvador, DHS under the TPS designations for Sudan Jan. 6, 2018 Jan. 5, 2019. may announce re-registration and Nicaragua, provided that the procedures in a future Federal Register However, the extension of this affected TPS beneficiaries remain Notice. See section 244(c)(3)(C) of the validity period applies only if the otherwise individually eligible for TPS. INA; 8 CFR 244.17. eligible TPS beneficiary properly filed See INA section 244(c)(3). This Notice for TPS re-registration during the most In the event the preliminary also provides information explaining recent DHS-announced registration injunction is reversed and that reversal DHS’s plans to issue a subsequent period for the applicable country, or has becomes final, DHS will allow for an notice that will describe the steps DHS a re-registration application that orderly transition period, ending on the will take after April 2, 2019 to continue remains pending. In addition, the later of (a) 120 days from the effective its compliance with the preliminary extension does not apply if the TPS of date of such a superseding, final order, injunction. any such individual has been finally or (b) on the Secretary’s previously- Automatic Extension of EADs withdrawn. This Notice does not extend announced effective date for the the validity date of any TPS-related termination of TPS designations for Through this Federal Register Notice, each individual country, as follows: DHS automatically extends through Form I–94 or Form I–797, Notice of • 1 April 2, 2019, the validity of EADs with Action (Approval Notice) issued to a Sudan—N/A; TPS beneficiary that contains an end the category codes ‘‘A–12’’ or ‘‘C–19’’ • Nicaragua—N/A; date not on the chart above where the and one of the expiration dates shown • Haiti—July 22, 2019; below that have been issued under the individual has failed to file for TPS re- • TPS designations of Sudan and registration, or where his or her re- El Salvador—September 9, 2019. registration request has been finally Nicaragua: To the extent that a Federal Register denied. 11/02/2017 Notice has auto-extended TPS-Related 01/05/2018 Application Procedures Documentation beyond the 120-day 11/02/2018 Current beneficiaries under the TPS orderly transition period, DHS reserves 01/05/2019 designations for Sudan and Nicaragua the right to issue a subsequent Federal Additionally, a beneficiary under the do not need to pay a fee or file any Register Notice announcing an TPS designations for Sudan or application, including the Application expiration date for the documentation Nicaragua who applied for a new EAD for Employment Authorization (Form I– that corresponds to the last day of the but who has not yet received his or her 765), to maintain their TPS benefits 120-day orderly transition period. new EAD is also covered by this through April 2, 2019, if they have automatic extension, provided that the properly re-registered for TPS during 1 Any 120-day transition period would end later the most recent DHS-announced than the Secretary’s previously-announced effective EAD he or she possesses contains one of dates for the termination of TPS designations for the expiration dates noted in the chart registration period for their country. Sudan and Nicaragua (November 2, 2018, and above. Such individuals may show this TPS beneficiaries who have failed to re- January 5, 2019, respectively).

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Effect on TPS-Related Documentation Documentation specified above in the preliminary injunction, and all statutory for Beneficiaries Under the TPS Supplementary Information section of requirements. Designations for Haiti and El Salvador this Notice for six months from the date Claire M. Grady, of the Order, October 3, 2018 through If otherwise eligible, beneficiaries Acting Deputy Secretary. under the TPS designations for Haiti April 2, 2019, for eligible beneficiaries and El Salvador who either have been under the TPS designations for Sudan Approved Forms To Demonstrate approved for re-registration or have and Nicaragua. Continuation of Lawful Status and TPS- Related Employment Authorization pending TPS re-registration and EAD Any termination of TPS-Related applications, either have or will receive Documentation for beneficiaries under • This Federal Register Notice TPS-Related Documentation that will the TPS designations for Sudan, (October 31, 2018) remain in effect for more than six Æ Nicaragua, Haiti, and El Salvador will Through operation of this Federal months. Specifically, such beneficiaries go into effect on the later of: (a) 120 Register Notice, the existing EADs of will have TPS-Related Documentation Days from the effective date any affected TPS beneficiaries are valid until July 22, 2019, for automatically extended through April 2, beneficiaries under the TPS superseding, final, non-appealable judicial order that permits the 2019. designations for Haiti, or until Æ A beneficiary granted TPS under implementation of such terminations, or September 9, 2019, for beneficiaries the designations for Sudan and under the TPS designations for El (b) on the Secretary’s previously- Nicaragua may show a copy of this Salvador. The automatic extensions announced effective date for the Notice, along with his or her specified announced in this Notice therefore do termination of TPS designations for EAD, to his or her employer to not apply to them.2 each individual country. To the extent demonstrate identity and continued that a subsequent Federal Register Additional Notes TPS-related employment eligibility for Notice has auto-extended TPS-Related purposes of meeting the Employment Nothing in this Notice affects DHS’s Documentation beyond the 120-day Eligibility Verification (Form I–9) ongoing authority to determine on a orderly transition period, DHS reserves requirements. case-by-case basis whether TPS the right to issue another Federal Æ Alternatively, such a TPS beneficiaries continue to meet the Register Notice invalidating the beneficiary may choose to show other individual eligibility requirements for documents at the end of the orderly acceptable documents that are evidence TPS described in section 244(c) of the transition period. of identity and employment eligibility INA and the implementing regulations as described in the Instructions to in part 244 of Title 8 of the Code of DHS will issue another Federal Register Notice approximately 30 days Employment Eligibility Verification Federal Regulations. (Form I–9). before April 2, 2019, that will extend Æ Notice of Compliance With Court Order Finally, such a TPS beneficiary may TPS-Related Documentation for an show a copy of this Notice, along with Enjoining the Implementation and additional nine months from April 2, Enforcement of Determinations To his or her specified EAD, Form I–94, or 2019, for all affected beneficiaries under Form I–797 Notice of Action (Approval Terminate the TPS Designations of the TPS designations for Sudan, Sudan, Nicaragua, Haiti, and El Notice), as evidence of his or her lawful Nicaragua, Haiti, and El Salvador. DHS Salvador status, to law enforcement, federal, will continue to issue Federal Register state, and local government agencies, As required by the preliminary Notices at nine-month intervals so long and private entities. injunction order of the U.S. District as the preliminary injunction remains in • Employment Authorization Court for the Northern District of place and will continue its commitment Document (EAD) California in Ramos v. Nielsen, No. 18– to a 120-day orderly transition period, Am I eligible to receive an automatic cv–01554 (N.D. Cal. Oct. 3, 2018), the as described above. extension of my current EAD through previously-announced determinations All TPS beneficiaries must continue April 2, 2019, using this Federal to terminate the existing designations of Register to maintain their TPS eligibility by Notice? TPS for Sudan, Nicaragua, Haiti, and El Yes. Provided that you currently have 3 meeting the requirements for TPS in Salvador will not be implemented or a TPS-related EAD for Sudan or enforced unless and until the District INA section 244(c) and part 244 of Title Nicaragua with the specified expiration Court’s Order is reversed and that 8 of the Code of Federal Regulations. dates described below, this Federal reversal becomes final for some or all of DHS will continue to adjudicate any Register Notice automatically extends these four countries. pending TPS re-registration and your EAD through April 2, 2019, if you: In further compliance with the Order, pending late initial applications for • Are a national of Sudan or I am publishing this Federal Register affected beneficiaries from the four Nicaragua (or an alien having no Notice automatically extending the countries, and continue to make nationality who last habitually resided validity of the TPS-Related appropriate individual TPS withdrawal in Sudan or Nicaragua) who has TPS, decisions in accordance with existing and your EAD contains a category code 2 See Termination of the Designation of Haiti for procedures if an individual no longer of A–12 or C–19 and one of the Temporary Protected Status, 83 FR 2648 (Jan. 18, 2018) and Termination of the Designation of El maintains TPS eligibility. DHS may expiration dates shown below: Salvador for Temporary Protected Status, 83 FR continue to announce periodic re- 11/02/2017 2654 (Jan. 18, 2018). registration procedures for eligible TPS 01/05/2018 3 See Termination of the Designation of Sudan for beneficiaries in accordance with the 11/02/2018 Temporary Protected Status, 82 FR 47228 (Oct. 11, 2017); Termination of the Designation of Nicaragua INA and DHS regulations. Should the 01/05/2019 for Temporary Protected Status, 82 FR 59636 (Dec. preliminary injunction order remain in When hired, what documentation may 15, 2017); Termination of the Designation of Haiti effect, DHS will take appropriate steps I show to my employer as evidence of for Temporary Protected Status, 83 FR 2648 (Jan. 18, 2018); Termination of the Designation of El to continue its compliance with the employment authorization and identity Salvador for Temporary Protected Status, 83 FR when completing Employment 2654 (Jan. 18, 2018). Eligibility Verification (Form I–9)?

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You can find a list of acceptable authorization to satisfy Form I–9 List C documents as described in the document choices on the ‘‘Lists of requirements. Form I–9 Instructions. Employers may Acceptable Documents’’ for Form I–9 at You may present any document from not reject a document based on a future https://www.uscis.gov/i-9-central/ List A (which provides evidence of both expiration date. You can find additional acceptable-documents. Employers must identity and employment authorization) detailed information about Form I–9 on complete Form I–9 to verify the identity or one document from List B (which USCIS’ I–9 Central web page at http:// and employment authorization of all provides evidence of your identity) www.uscis.gov/I-9Central. new employees. Within three days of together with one document from List C hire, employees must present acceptable (which is evidence of employment An EAD is an acceptable document documents to their employers as authorization), or you may present an under List A. evidence of identity and employment acceptable receipt for List A, List B, or

Your employer If your EAD has category code of A–12 or C–19 and an expiration date from the column below, you Enter this date in must reverify your may show your expired EAD along with this Federal Register Notice to complete Form I–9: Section 1 of Form employment au- I–9: thorization by:

11/02/2017 ...... Apr. 2, 2019 ...... Apr. 3, 2019. 01/05/2018 ...... Apr. 2, 2019 ...... Apr. 3, 2019. 11/02/2018 ...... Apr. 2, 2019 ...... Apr. 3, 2019. 01/05/2019 ...... Apr. 2, 2019 ...... Apr. 3, 2019.

If you want to use your EAD with one and Nicaragua is April 2, 2019. Before If you are unable to pay the of the specified expiration dates above, you start work on April 3, 2019, your application fee and/or biometric and that date has passed, then you may employer is required by law to re-verify services fee, you may complete a also provide your employer with a copy your employment authorization. At that Request for Fee Waiver (Form I–912) or of this Federal Register Notice, which time, you must present any document submit a personal letter requesting a fee explains that your EAD has been from List A or any document from List waiver with satisfactory supporting automatically extended for a temporary C on Form I–9 Lists of Acceptable documentation. For more information period of time, through April 2, 2019. Documents, or an acceptable List A or on the application forms and fees for List C receipt described in the Form I– TPS, please visit the USCIS TPS web What documentation may I present to 9 Instructions to reverify employment page at http://www.uscis.gov/tps. Fees my employer for Employment Eligibility authorization. for the Form I–821, the Form I–765, and Verification (Form I–9) if I am already By April 3, 2019, your employer must biometric services are also described in employed but my current TPS-related 8 CFR 103.7(b)(1)(i). EAD is set to expire? complete Section 3 of the current version of the form, Form I–9 07/17/17 Note: If you have a Form I–821 and/or Even though your EAD has been N, and attach it to the previously Form I–765 that was still pending as of automatically extended, your employer completed Form I–9, if your original October 2, 2018, then you should not file is required by law to ask you about your Form I–9 was a previous version. Your either application again. If your pending TPS continued employment authorization, employer can check USCIS’ I–9 Central application is approved, you will be granted TPS through April 2, 2019. Similarly, if you and you will need to present your web page at http://www.uscis.gov/I- have a pending TPS-related application for employer with evidence that you are 9Central for the most current version of an EAD that is approved, it will be valid still authorized to work. Once Form I–9. through the same date. presented, you may correct your Note that your employer may not employment authorization expiration specify which List A or List C document Can my employer require that I provide date in Section 1 and your employer you must present and cannot reject an any other documentation to prove my should correct the EAD expiration date acceptable receipt. status, such as proof of my citizenship in Section 2 of Form I–9. See the from Sudan, Nicaragua, Haiti, or El subsection titled, ‘‘What corrections Can I seek a new EAD? Salvador? should my current employer and I make You do not need to apply for a new No. When completing Form I–9, to Employment Eligibility Verification EAD in order to benefit from this including reverifying employment (Form I–9) if my employment automatic extension. However, if you authorization, employers must accept authorization has been automatically want to obtain a new EAD valid through any documentation that appears on the extended?’’ for further information. You April 2, 2019, you must file an Form I–9 ‘‘Lists of Acceptable may show this Federal Register Notice Application for Employment Documents’’ that reasonably appears to to your employer to explain what to do Authorization (Form I–765) and pay the be genuine and that relates to you, or an for Form I–9 and to show that your EAD Form I–765 fee (or request a fee waiver). acceptable List A, List B, or List C has been automatically extended Note, if you do not want a new EAD, receipt. Employers need not reverify through April 2, 2019. Your employer you do not have to file Form I–765 or List B identity documents. Employers may need to re-inspect your pay the Form I–765 fee. If you do not may not request documentation that automatically extended EAD to check want to request a new EAD now, you does not appear on the ‘‘Lists of the expiration date and Category code if may also file Form I–765 at a later date Acceptable Documents.’’ Therefore, your employer did not keep a copy of and pay the fee (or request a fee waiver), employers may not request proof of this EAD when you initially presented provided that you still have TPS or a citizenship or proof of re-registration for it. pending TPS application. You may file TPS when completing Form I–9 for new The last day of the automatic EAD the application for a new EAD either hires or reverifying the employment extension for eligible beneficiaries before or after your current EAD has authorization of current employees. If under the TPS designations for Sudan expired. presented with EADs that have been

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automatically extended, employers automatically extended, your employer authorization in Section 3 of Form I–9. should accept such documents as a may need to re-inspect your current Employers should not use E-Verify for valid List A document so long as the EAD if they do not have a copy of the reverification. EAD reasonably appears to be genuine EAD on file. You may, and your Note to All Employers and relates to the employee. Refer to the employer should, correct your Note to Employees section of this previously completed Form I–9 as Employers are reminded that the laws Federal Register Notice for important follows: requiring proper employment eligibility information about your rights if your 1. For Section 1, you may: verification and prohibiting unfair employer rejects lawful documentation, a. Draw a line through the expiration immigration-related employment requires additional documentation, or date in Section 1; practices remain in full force. This otherwise discriminates against you b. Write April 2, 2019, above the Federal Register Notice does not based on your citizenship or previous date; and supersede or in any way limit immigration status, or your national c. Initial and date the correction in the applicable employment verification origin. margin of Section 1. rules and policy guidance, including 2. For Section 2, employers should: those rules setting forth reverification How do my employer and I complete a. Determine if the EAD is auto- requirements. For general questions Employment Eligibility Verification extended: about the employment eligibility (Form I–9) using my automatically verification process, employers may call extended employment authorization for An employee’s EAD has been auto-extended USCIS at 888–464–4218 (TTY 877–875– a new job? if it contains a category code of A–12 or C–19 6028) or email USCIS at I9Central@ and an expiration date shown below: When using an automatically dhs.gov. Calls and emails are accepted in English and many other languages. extended EAD to complete Form I–9 for 11/02/2017 a new job on or before April 2, 2019, 01/05/2018 For questions about avoiding you and your employer should do the 11/02/2018 discrimination during the employment following: 01/05/2019 eligibility verification process (Form I– 1. For Section 1, you should: 9 and E-Verify), employers may call the a. Check ‘‘An alien authorized to work If it has been auto-extended: U.S. Department of Justice’s Civil Rights until’’ and enter April 2, 2019, as the b. Draw a line through the expiration Division, Immigrant and Employee ‘‘expiration date’’; and date written in Section 2; Rights Section (IER) (formerly the Office b. Enter your Alien Number/USCIS c. Write April 2, 2019, above the of Special Counsel for Immigration- number or A-Number where indicated previous date; and Related Unfair Employment Practices) (your EAD or other document from DHS d. Initial and date the correction in Employer Hotline at 800–255–8155 will have your USCIS number or A- the Additional Information field in (TTY 800–237–2515). IER offers Number printed on it; the USCIS Section 2. language interpretation in numerous languages. Employers may also email number is the same as your A-Number Note: This is not considered a without the A prefix). reverification. Employers do not need to IER at [email protected]. 2. For Section 2, your employer complete Section 3 until either this Notice’s Note to Employees should: automatic extension of EADs has ended or a. Determine if the EAD is auto- the employee presents a new document to For general questions about the extended: show continued employment authorization, employment eligibility verification whichever is sooner. By April 3, 2019, when process, employees may call USCIS at An employee’s EAD has been auto-extended the employee’s automatically extended EAD 888–897–7781 (TTY 877–875–6028) or if it contains a category code of A–12 or C–19 has expired, employers are required by law email USCIS at I–[email protected]. and an expiration date shown below: to reverify the employee’s employment Calls are accepted in English, Spanish, authorization in Section 3. and many other languages. Employees 11/02/2017 or applicants may also call the IER 01/05/2018 If I am an employer enrolled in E-Verify, Worker Hotline at 800–255–7688 (TTY 11/02/2018 how do I verify a new employee whose 01/05/2019 800–237–2515) for information EAD has been automatically extended? regarding employment discrimination If it has been auto-extended, the Employers may create a case in E- based upon citizenship, immigration employer should: Verify for these employees by providing status, or national origin, including b. Write in the document title; the employee’s Alien Registration discrimination related to Employment c. Enter the issuing authority; number (A#) or USCIS number as the Eligibility Verification (Form I–9) and E- d. Provide the document number; and document number on Form I–9 in the Verify. The IER Worker Hotline e. Write April 2, 2019, as the document number field in E-Verify. provides language interpretation in numerous languages. expiration date. If I am an employer enrolled in E-Verify, Before the start of work on April 3, To comply with the law, employers what do I do when I receive a ‘‘Work 2019, employers are required by law to must accept any document or Authorization Documents Expiration’’ reverify the employee’s employment combination of documents from the alert for an automatically extended authorization in Section 3 of Form I–9. Lists of Acceptable Documents if the EAD? documentation reasonably appears to be What corrections should my current If you have employees who provided genuine and to relate to the employee, employer and I make to Employment a TPS-related EAD with an expiration or an acceptable List A, List B, or List Eligibility Verification (Form I–9) if my date that has been auto-extended by this C receipt as described in the employment authorization has been Notice, you should dismiss the ‘‘Work Employment Eligibility Verification auto-extended? Authorization Documents Expiring’’ (Form I–9) Instructions. Employers may If you presented a TPS-related EAD case alert. Before this employee starts to not require extra or additional that was valid when you first started work on April 3, 2019, you must documentation beyond what is required your job and your EAD has now been reverify his or her employment for Form I–9 completion. Further,

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employers participating in E-Verify who 797, Notice of Action (Approval Notice), SUMMARY: We, the U.S. Fish and receive an E-Verify case result of that has been auto-extended by this Wildlife Service, announce the receipt ‘‘Tentative Nonconfirmation’’ (TNC) Notice and a copy of this Notice; and availability of a draft Natural must promptly inform employees of the (4) Any other relevant DHS-issued Community Conservation Plan/Habitat TNC and give such employees an document that indicates your Conservation Plan (NCCP/HCP) and opportunity to contest the TNC. A TNC immigration status or authorization to draft environmental assessment (EA), case result means that the information be in the United States, or that may be which evaluates the impacts of, and entered into E-Verify from an used by DHS to determine whether you alternatives to, the proposed City of employee’s Form I–9 differs from have such status or authorization to Rancho Palos Verdes (City of RPV) records available to DHS. remain in the United States. Check with NCCP/HCP. The City of RPV NCCP/HCP Employers may not terminate, the government agency regarding which was submitted by the City of Rancho suspend, delay training, withhold pay, document(s) the agency will accept. Palos Verdes in support of an lower pay, or take any adverse action Some benefit-granting agencies use application under the Endangered against an employee because of the TNC the SAVE program to confirm the Species Act, for a permit authorizing the while the case is still pending with E- current immigration status of applicants incidental take of 10 covered species Verify. A Final Nonconfirmation (FNC) for public benefits. In most cases, SAVE resulting from covered projects/ case result is received when E-Verify provides an automated electronic activities and a permit under the State cannot verify an employee’s response to benefit-granting agencies of California’s Natural Community employment eligibility. An employer within seconds, but, occasionally, Conservation Planning Act of 2002. We may terminate employment based on a verification can be delayed. You can request review and comment on the City case result of FNC. Work-authorized check the status of your SAVE of RPV NCCP/HCP and the draft EA employees who receive an FNC may call verification by using CaseCheck at the from local, State, and Federal agencies; USCIS for assistance at 888–897–7781 following link: https://save.uscis.gov/ Tribes; and the public. (TTY 877–875–6028). For more casecheck/, then by clicking the ‘‘Check DATES: To ensure consideration, please information about E-Verify-related Your Case’’ button. CaseCheck is a free send your written comments by discrimination or to report an employer service that lets you follow the progress December 31, 2018. for discrimination in the E-Verify of your SAVE verification using your process based on citizenship, ADDRESSES: date of birth and one immigration Obtaining Documents: You may immigration status, or national origin, identifier number. If an agency has contact IER’s Worker Hotline at 800– obtain copies of the City of RPV NCCP/ denied your application based solely or HCP and the draft EA by the following 255–7688 (TTY 800–237–2515). in part on a SAVE response, the agency Additional information about proper methods. Please specify that your must offer you the opportunity to appeal request pertains to the City of RPV nondiscriminatory Form I–9 and E- the decision in accordance with the Verify procedures is available on the NCCP/HCP. agency’s procedures. If the agency has • Email: [email protected]. IER website at https://www.justice.gov/ received and acted upon or will act • ier and on the USCIS and E-Verify Internet: http://www.rpvca.gov/490/ upon a SAVE verification and you do Palos-Verdes-Nature-Preserve-NCCP- websites at https://www.uscis.gov/i-9- not believe the response is correct, you central and https://www.e-verify.gov. PUMP-H. may make an InfoPass appointment for • U.S. Mail: A limited number of CD– Note Regarding Federal, State, and an in-person interview at a local USCIS ROM and printed copies are available, Local Government Agencies (Such as office. Detailed information on how to by request, from the following locations: Departments of Motor Vehicles) make corrections, make an appointment, D Carlsbad Fish and Wildlife Office, While Federal Government agencies or submit a written request to correct 2177 Salk Avenue, Suite 250, Carlsbad, must follow the guidelines laid out by records under the Freedom of CA 92008; the Federal Government, state and local Information Act can be found on the D Rancho Palos Verdes City Hall (see government agencies establish their own SAVE website at http://www.uscis.gov/ address under In-Person, below). rules and guidelines when granting save. • In-Person: Copies are available for certain benefits. Each state may have [FR Doc. 2018–23892 Filed 10–30–18; 8:45 am] public inspection and review at the different laws, requirements, and BILLING CODE 9111–97–P following locations, by appointment and determinations about what documents written request only: you need to provide to prove eligibility D Rancho Palos Verdes City Hall, for certain benefits. Whether you are DEPARTMENT OF THE INTERIOR 30940 Hawthorne Blvd., Rancho Palos applying for a Federal, state, or local Verdes, CA 90275 (telephone: 310–554– government benefit, you may need to Fish and Wildlife Service 5267; 7:30 a.m. to 5:30 p.m., Monday provide the government agency with through Thursday, and 7:30 a.m. to 4:30 documents that show you are a TPS [FWS–R8–ES–2018–N094; p.m. on Friday); and beneficiary, show you are authorized to FXES11140800000–178–FF08E00000] D Palos Verdes Peninsula Land Conservancy, 916 Silver Spur Road, work based on TPS or other status, and/ Draft City of Rancho Palos Verdes or that may be used by DHS to Suite 207, Rolling Hills Estates, CA Natural Community Conservation Plan 90274 (9:30 a.m. to 5 p.m., Monday determine whether you have TPS or and Habitat Conservation Plan and other immigration status. Examples of through Friday). Draft Environmental Assessment, City Submitting Comments: You may such documents are: of Rancho Palos Verdes, Los Angeles (1) Your current EAD; submit comments by one of the (2) A copy of this Federal Register County, California following methods: • Notice, providing an automatic AGENCY: Fish and Wildlife Service, Email: [email protected]; extension of your currently expired or Interior. please include ‘‘City of RPV NCCP/ HCP’’ in the subject line. expiring EAD; ACTION: Notice of availability; request (3) A copy of your Form I–94, • U.S. Mail: Karen Goebel, Attn: City for public comment. (Arrival/Departure Record), or Form I– of RPV NCCP/HCP (use the Carlsbad

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Fish and Wildlife Office address under for endangered and threatened species Unlisted: Obtaining Documents). are at 50 CFR 17.22 and 17.32. For more Cactus wren • Telephone: Karen Goebel, 760–431– about the HCP program, go to http:// Aphanisma 9440. www.fws.gov/endangered/esa-library/ South coast salt scale pdf/hcp.pdf. Catalina crossosoma FOR FURTHER INFORMATION CONTACT: Island green dudleya Mary Beth Woulfe, 760–431–9440. Under section 10(a) of the ESA, the Service may issue permits to authorize Santa Catalina Island desert-thorn SUPPLEMENTARY INFORMATION: We, the Woolly seablite incidental take of listed fish and U.S. Fish and Wildlife Service (Service), wildlife species. Section 10(a)(2)(B) of There are 17 City of Rancho Palos announce the receipt and availability of the ESA contains criteria for issuing Verdes projects/activities and 5 private a draft Natural Community ITPs to non-Federal entities for the take projects/activities proposed to be Conservation Plan/Habitat Conservation of endangered and threatened species, covered by the ITP. The City of Rancho Plan (HCP/NCCP) and draft provided the following criteria are met: Palos Verdes projects/activities include environmental assessment (EA), which • The taking will be incidental; landslide abatement, drainage evaluates the impacts of, and • The applicant will, to the maximum improvement, dewatering wells, road alternatives to, the proposed City of extent practicable, minimize and and canyon repairs, fuel modification, Rancho Palos Verdes (RPV) NCCP/HCP. mitigate the impact of such taking; and maintenance; private projects/ The City of RPV NCCP/HCP was • The applicant will develop an HCP activities include development, submitted by the City of Rancho Palos and ensure that adequate funding for the remedial grading, and fuel modification. Verdes in support of an application plan will be provided; Public use is also identified as a under section 10 of the Endangered • The taking will not appreciably conditionally allowable use. Potential Species Act of 1973, as amended (ESA; reduce the likelihood of the survival impacts to covered species include 16 U.S.C. 1531 et seq.), for a permit and recovery of the species in the wild; disruption of normal behavior by authorizing the incidental take of 10 and covered projects/activities and injury or covered species resulting from covered • The applicant will carry out any death due to construction activities. The projects/activities. The proposed City of other measures that the Secretary may City of RPV NCCP/HCP provides a RPV NCCP/HCP plan area encompasses require as being necessary or comprehensive approach to the approximately 8,616.6 acres on the appropriate for the purposes of the HCP. conservation and management of these Palos Verdes Peninsula, Los Angeles The purpose of issuing an ITP to the species and their habitat within the plan County, California. City of Rancho Palos Verdes would be area. Introduction to permit incidental take of the covered The plan area is approximately species resulting from identified 8,616.6 acres and includes the entire Under section 10(c) of the ESA and covered City of Rancho Palos Verdes boundary of the City of Rancho Palos under the National Environmental and private projects/activities within Verdes. The plan area is constant for all Policy Act of 1969 (NEPA; 42 U.S.C. the plan area. Implementation of the of the alternatives analyzed in the EA. 4321 et seq.), this notice advises the City of RPV NCCP/HCP is intended to The City of RPV NCCP/HCP quantifies public of the receipt and availability for maximize conservation for covered the expected loss of habitat and the public review of the draft City of RPV species while providing cost-savings proposed mitigation, including NCCP/HCP and draft EA, which and reducing potential time-delays management and monitoring of the evaluates the impacts of, and associated with processing individual preserve. alternatives to, the City of RPV NCCP/ ITPs for each covered project/activity Alternatives HCP, submitted with an application for within the plan area. a permit to authorize the incidental take The proposed City of RPV NCCP/HCP We considered five alternatives in the of federally listed covered species includes measures intended to EA: (1) No Action Alternative; (2) resulting from covered projects/ minimize and mitigate the impacts of Alternative A, Peninsula NCCP Working activities within the plan area. The the taking to the maximum extent Group Alternative; (3) Alternative B, Service is the Lead Agency pursuant to practicable from covered City of Rancho Landowner Alternative; (4) Alternative NEPA. The proposed Federal action is Palos Verdes and private projects/ C, The City of Rancho Palos Verdes’ issuance of an incidental take permit activities within the plan area. Alternative; and (5) Alternative D, The (ITP) under section 10(a)(1)(B) of the Proposed Action. ESA to the City of Rancho Palos Verdes Proposed Action Under the No Action Alternative, the and their habitat manager, Palos Verdes The proposed action is the issuance of City of Rancho Palos Verdes NCCP/HCP Peninsula Land Conservancy. an ITP by the Service to City of Rancho would not move forward for approval Palos Verdes and their habitat manager, and an ITP would not be issued. All Background Palos Verdes Peninsula Land projects/activities proposed in City of Section 9 of the ESA prohibits ‘‘take’’ Conservancy, for the incidental take of RPV NCCP/HCP would continue to be of fish and wildlife species listed as covered species from identified covered reviewed in accordance with existing endangered under section 4 (16 U.S.C. projects/activities, including the State land use and environmental 1538, 1533, respectively). Section avoidance, minimization, and regulations. Alternative A was 10(a)(1)(B) of the ESA provides for the mitigation of impacts to covered species developed by the working group, which issuance of a permit for the taking of within the 8,616.6-acre plan area for 40 consisted of stakeholders within the listed fish and wildlife species that is years. The proposed City of RPV NCCP/ City of Rancho Palos Verdes, and incidental to, and not the purpose of, HCP is a conservation plan for the included the largest preserve area, the carrying out of an otherwise lawful following 10 species: totaling about 1,559.1 acres. Alternative activity (‘‘incidental take’’). The ESA Federally listed as endangered: B was developed by the major implementing regulations extend, under Palos Verdes blue butterfly landowners in 1999 and proposed the certain circumstances, the prohibition of El Segundo blue butterfly smallest preserve area of all of the take to threatened species (50 CFR Federally listed as threatened: alternatives. Alternative C was 17.31). Regulations governing permits Coastal California gnatcatcher developed by the City of Rancho Palos

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Verdes and was a compromise of applicant for the incidental take of the SUPPLEMENTARY INFORMATION: Alternative A and B. The preserve size covered species. We will make our final under Alternative C is slightly larger permit decision no sooner than 60 days Background than that under the Proposed Action after the public comment period closes. In 2006, we completed the San Diego (Alternative D), but the total amount of Authority Bay National Wildlife Refuge (NWR) coastal sage scrub habitat under Comprehensive Conservation Plan Alternative C is slightly lower than that We provide this notice under section (CCP) and final EIS/ROD to guide the in the Proposed Action (Alternative D). 10(c) of the ESA (16 U.S.C. 1531 et seq.) management of the San Diego Bay NWR The Proposed Action (Alternative D) and its implementing regulations (50 over a 15-year period (71 FR 64552, is the same as Alternative C, with the CFR 17.22 and 17.32) and NEPA (42 November 2, 2006). The wildlife and following exceptions: (1) A 27.0-acre U.S.C. 4321 et seq.) and its habitat management goal of the selected parcel in the Upper Filiorum property implementing regulations (40 CFR management alternative in the CCP for has been removed from the preserve and 1506.6). the South San Diego Bay Unit is to is now identified as a covered project, ‘‘Protect, manage, enhance, and restore including the associated dedication of Scott Sobiech, . . . coastal wetlands . . . to benefit the 30 acres of functional and connected Acting Field Supervisor, Carlsbad Fish and native fish, wildlife, and plant species habitat; (2) 40.0 acres of a former Wildlife Office, Carlsbad, California. supported within the South San Diego archery range property have been [FR Doc. 2018–23762 Filed 10–30–18; 8:45 am] Bay Unit.’’ One of the strategies removed from the preserve due to BILLING CODE 4333–15–P identified to meet this goal is to restore landslide and legal constraints; and (3) native habitats in the Otay River 61.5 acres of Malaga Canyon have been floodplain and the salt ponds. purchased by the City of Rancho Palos DEPARTMENT OF THE INTERIOR On September 29, 2010, the San Diego Verdes and have been incorporated into Fish and Wildlife Service the preserve. The preserve in NWR Complex and Poseidon Resources Alternative D totals 1,402.4 acres. [FWS–R8–R–2018–N122; FF08RSDC00– (Channelside) LP (Poseidon) entered 190–F1611MD–FXRS12610800000] into a memorandum of understanding to Request for Comments establish a partnership to facilitate the Consistent with section 10(c) of the Otay River Estuary Restoration restoration of property within the San ESA, we invite your submission of Project, South San Diego Bay Unit of Diego Bay NWR, consistent with the written comments, data, or arguments the San Diego Bay National Wildlife CCP and Poseidon’s restoration with respect to the City of Rancho Palos Refuge, California; Record of Decision requirements from the California Coastal Verdes’ permit application, the City of AGENCY: Fish and Wildlife Service, Commission (Commission) in an RPV NCCP/HCP, and proposed Interior. approved coastal development permit permitting decision. (CDP No. E–06–013) related to the ACTION: Notice of availability; record of construction and operation of a Public Availability of Comments decision. desalination plant in Carlsbad, Written comments we receive become SUMMARY: We, the U.S. Fish and California. part of the public record associated with Wildlife Service (Service), announce the We published a notice of intent (NOI) this action. Before including your availability of the record of decision to prepare an EIS for the Otay River address, phone number, email address, (ROD) for the San Diego Bay National Estuary Restoration Project on or other personal identifying Wildlife Refuge—Otay River Estuary November 14, 2011 (76 FR 70480), information in your comment, you Restoration Project final environmental followed by a second NOI on January 8, should be aware that your entire impact statement (EIS). The ROD 2013 (78 FR 1246), when the project was comment—including your personal explains that, of the three alternatives expanded to include the restoration of identifying information—may be made examined in the final EIS, the chosen Pond 15. We published a notice of publicly available at any time. While alternative is the environmentally availability (NOA) of the draft EIS for you may request in your comment that preferred alternative. the project on October 21, 2016 (81 FR we withhold your personal identifying 72817), and an NOA of the final EIS on information from public review, we ADDRESSES: Document Availability: The ROD is available at: May 18, 2018 (83 FR 23289). cannot guarantee that we will be able to • do so. All submissions from Internet: https://www.fws.gov/ Project refuge/San_Diego_Bay/what_we_do/ organizations or businesses, and from _ _ individuals identifying themselves as Resource Management/Otay The project site is located at the south Restoration.html. end of San Diego Bay, San Diego representatives or officials of • organizations or businesses, will be In Person: County, California, within the South made available for public disclosure in o San Diego National Wildlife Refuge San Diego Bay Unit of the San Diego their entirety. Complex Headquarters, 1080 Bay NWR. Restoration activities will Gunpowder Point Drive, Chula Vista, occur at two separate locations within Next Steps CA 91910; telephone: 619–476–9150, the Refuge: The 34-acre Otay River Issuance of an incidental take permit extension 103. Floodplain Site, located to the west of is a Federal proposed action subject to FOR FURTHER INFORMATION CONTACT: Interstate 5 between Main Street to the compliance with NEPA. We will Brian Collins, Refuge Manager, San north and Palm Avenue to the south in evaluate the application, associated Diego Bay National Wildlife Refuge at the City of San Diego, and the 91-acre documents, and any public comments 619–575–2704, extension 302 Pond 15 Site, an active solar salt pond, we receive to determine whether the (telephone) or [email protected] located in the northeastern portion of application meets the requirements of (email); or Andy Yuen, Project Leader, the Refuge to the northwest of the section 10(a) of the ESA. If we 619–476–9150, extension 100 intersection of Bay Boulevard and determine that those requirements are (telephone), or [email protected] Palomar Street in the City of Chula met, we will issue a permit to the (email). Vista.

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Alternatives Implementation of this alternative DATES: Interested persons are invited to We analyzed three alternatives in the would involve the excavation of submit comments on or before final EIS, including the no action approximately 370,000 cubic yards of December 31, 2018. alternative and two action alternatives, material from the Otay River Site, of ADDRESSES: Send your comments on the for restoring the two areas on the San which approximately 310,000 cubic information collection request (ICR) by Diego Bay NWR that comprise the yards of this material would be mail to the U.S. Geological Survey, restoration project. In addition to a no- transported to the Pond 15 Site for Information Collections Clearance action alternative, the action beneficial use in creating tidal Officer, 12201 Sunrise Valley Drive, MS elevations that would support the 159, Reston, VA 20192; or by email to alternatives include an intertidal _ alternative and a subtidal alternative. desired intertidal habitats and gs-info [email protected]. Please improving levees to separate Pond 15 reference OMB Control Number 1028– Alternative B: Intertidal Alternative from the remaining active solar salt 0103 in the subject line of your (Selected Alternative) operation. comments. The combination of the wetlands The Intertidal Alternative (Alternative FOR FURTHER INFORMATION CONTACT: To B) proposes to lower the elevation and created at the Otay River Floodplain request additional information about re-contour the Otay River Floodplain Site and Pond 15 Site under this this ICR, contact Jake F. Weltzin by Site to create approximately 30 acres of alternative would also provide sufficient email at [email protected], or by tidally influenced habitat consisting of mitigation credit to meet the telephone at 520–626–3821. Commission’s permit requirements. approximately 5 acres of intertidal SUPPLEMENTARY INFORMATION: We, the mudflat and 25 acres of intertidal salt Selected Alternative U.S. Geological Survey, in accordance marsh habitat, 1 acre of transitional The ROD identifies the intertidal with the Paperwork Reduction Act of habitat and high tide refugia, and 4 alternative (Alternative B) as the 1995, provide the general public and acres of upland habitat. selected alternative. This alternative other Federal agencies with an Approximately 320,000 cubic yards of was also identified as the opportunity to comment on proposed, soil would be excavated from the Otay environmentally preferred alternative in revised, and continuing collections of River Floodplain Site to achieve the final EIS. The basis for the decision, information. This helps us assess the elevations suitable for sustaining descriptions of the alternatives impact of our information collection intertidal wetlands. The majority of the considered, an overview of the measures requirements and minimize the public’s excavated material, approximately to be implemented to avoid and reporting burden. It also helps the 260,000 cubic yards, would be minimize environmental effects, and a public understand our information transported to Pond 15 to be beneficially summary of the public involvement collection requirements and provide the used as fill within the Pond 15 Site, as process are provided in the ROD. requested data in the desired format. well as to reinforce existing levees We are soliciting comments on the around the pond. Pond 15 would be Authority proposed ICR that is described below. filled and contoured to achieve We publish this notice under the We are especially interested in public elevations required to support authority of the National Environmental comment addressing the following approximately 10 acres of subtidal Policy Act (42 U.S.C. 4371 et seq.) and issues: (1) Is the collection necessary to habitat, 18 acres of intertidal mudflat, the Department of the Interior’s the proper functions of the USGS; (2) 57 acres of intertidal salt marsh habitat, implementing regulations in title 43 of will this information be processed and 1.6 acres of transitional habitat and high the Code of Federal Regulations (43 CFR used in a timely manner; (3) is the tide refugia, and 4 acres of upland part 46). estimate of burden accurate; (4) how habitat. might the USGS enhance the quality, The combination of the wetlands Jody Holzworth, utility, and clarity of the information to created at the Otay River Floodplain Regional Director, Pacific Southwest Region. be collected; and (5) how might the Site and Pond 15 Site under this [FR Doc. 2018–23823 Filed 10–30–18; 8:45 am] USGS minimize the burden of this alternative would be consistent with the BILLING CODE 4333–15–P collection on the respondents, including intent of the CCP and would provide through the use of information sufficient mitigation credit to meet technology. Poseidon’s Coastal Development Permit DEPARTMENT OF THE INTERIOR Comments that you submit in requirements. response to this notice are a matter of Geological Survey public record. We will include or Alternative C: Subtidal Alternative [GX14BA02EEW0200; OMB Control Number summarize each comment in our request The Subtidal Alternative (Alternative 1028–0103] to OMB to approve this ICR. Before C), which would include a subtidal including your address, phone number, channel within the Otay River Agency Information Collection email address, or other personal Floodplain Site, would result in the Activities; USA National Phenology identifying information in your restoration of approximately 4.5 acres of Network—The Nature’s Notebook Plant comment, you should be aware that subtidal habitat, 6.5 acres of intertidal and Animal Observing Program your entire comment—including your mudflat, 18 acres of intertidal salt marsh AGENCY: U.S. Geological Survey, personal identifying information—may habitat, and 4 acres of upland habitat. Interior. be made publicly available at any time. Within the Pond 15 Site, tidally ACTION: Notice of information collection; While you may ask us in your comment influenced habitat would be similar to request for comment. to withhold your personal identifying that proposed under Alternative B, with information from public review, we approximately 10 acres of subtidal SUMMARY: In accordance with the cannot guarantee that we will be able to habitat, 16 acres of intertidal mudflat, Paperwork Reduction Act of 1995, the do so. 59 acres of intertidal salt marsh, 2 acres U.S. Geological Survey (USGS) is Abstract: The USA–NPN is a program of high-tide refugia, and 4 acres of proposing to renew an information sponsored by the USGS that uses upland habitat. collection (IC). standardized forms for tracking plant

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and animal activity as part of a project Notebook through a browser-based web Respondents/Affected Public: called Nature’s Notebook. The Nature’s application or via mobile applications Members of the public, registered with Notebook forms are used to record for iPhone and Android operating Nature’s Notebook, state Cooperative phenology (e.g., timing of leafing or systems, meeting GPEA and Privacy Act Extension employees and tribal flowering of plants and reproduction or requirements. The web application members. migration of animals) as part of a interface consists several components: Total Estimated Number of Annual nationwide effort to understand and User registration, a searchable list of Respondents: 7,581. predict how plants and animals respond 1,260 plant and animal species which Total Estimated Number of Annual to environmental variation and changes can be observed; a ‘‘profile’’ for each Responses: 4,093,314. in weather and climate. Contemporary species that contains information about Estimated Completion Time per data collected through Nature’s the species including its description and Response: When joining the program, Notebook are quality-checked, described the appropriate monitoring protocols; a responders spend 13 minutes each to and made publicly available; data are series of interfaces for registering as an register and read guidelines and 83 used to inform decision-making in a observer, registering a site, registering minutes to watch all training videos. variety of contexts, including plants and animals at a site, generating After that responders may spend about agriculture, drought monitoring, and datasheets to take to the field, and a data 2 minutes per record to observe and wildfire risk assessment. Phenological entry page that mimics the datasheets. submit phenophase status record. information is also critical for the Title of Collection: USA NATIONAL Total Estimated Number of Annual management of wildlife, invasive PHENOLOGY NETWORK—THE Burden Hours: 138,857. species, and agricultural pests, and for NATURE’S NOTEBOOK PLANT AND Respondent’s Obligation: Voluntary. understanding and managing risks to ANIMAL OBSERVING PROGRAM Frequency of Collection: On occasion; human health and welfare, including OMB Control Number: 1028–0103. depends on the seasonal activity of allergies, asthma, and vector-borne Form Number: None. plants and animals. diseases. Participants may contribute Type of Review: Extension of a Total Estimated Annual Non-hour phenology information to Nature’s currently approved collection. Burden Cost: $11,484.

TABLE—ANNUAL RESPONSES AND BURDEN HOURS

Annual Response type responses Completion time per response Annual burden (projected) (minutes) (hours)

Registrations ...... 7,581 13 minutes (3 minutes to register + 10 minutes to read guidelines) ...... 1,643 Training videos ...... 758 83 minutes (to watch entire set of videos) ...... 1,049 Observation records ...... 4,084,975 2 minutes (includes observation and reporting time) ...... 136,166

Total ...... 4,093,314 ...... 138,857

TABLE—ANNUAL NON-HOUR BURDEN COSTS

Number of respondents Non-hour Cost per unit expected burden cost to use

Clipboard ...... $2.23 4,245 $9,467 Pencils ...... 0.10 4,245 425 Flags ...... 0.05 1,516 76 Markers ...... 0.10 1,516 152 Stakes ...... 0.30 1,516 455 Tags ...... 0.30 1,516 455 Popsicle Sticks ...... 0.30 1,516 455 Average Marking Material Cost ...... 0.19 ...... Cost per Response ...... 2.52 ...... Total Non-Hour Burden Cost ...... 11,484

An agency may not conduct or DEPARTMENT OF THE INTERIOR ACTION: 60-Day notice and request for sponsor and a person is not required to comments. respond to a collection of information Bureau of Land Management unless it displays a currently valid OMB SUMMARY: In compliance with the control number. [LLWO260000 L10600000.PC0000; OMB Paperwork Reduction Act, the Bureau of The authorities for this action are the Control Number 1004–0042] Land Management (BLM) is proposing Paperwork Reduction Act of 1995 (44 an early revision to an information Agency Information Collection U.S.C. 3501, et seq.). collection. Activities; Protection, Management, Jake Weltzin, and Control of Wild Horses and Burros DATES: Interested persons are invited to Program Manager, Status & Trends Program. submit comments on or before AGENCY [FR Doc. 2018–23824 Filed 10–30–18; 8:45 am] : Bureau of Land Management, December 31, 2018. Interior. BILLING CODE 4338–11–P

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ADDRESSES: Send your comments on with the Wild Free-Roaming Horses and DEPARTMENT OF THE INTERIOR this information collection request (ICR) Burros Act (16 U.S.C. 1331–1340). In by mail, fax, or electronic mail. addition to seeking renewal of control Bureau of Land Management Mail: U.S. Department of the Interior, number 1004–0042, the BLM requests [LLES962000 L14400000 BJ0000 18X] Bureau of Land Management, 1849 C revision of an existing information- Street NW, Room 2134LM, Attention: collection activity and form, and Notice of Filing of Plat Survey; Eastern Jean Sonneman, Washington, DC 20240. requests the addition of an information- States Fax: to Jean Sonneman at 202–245– collection form that has been in use 0050. without a control number. AGENCY: Bureau of Land Management, Electronic mail: [email protected]. OMB has approved Form 4710–10 Interior. Please reference OMB Control and its information-collection activity ACTION: Notice of official filing; Number 1004–0042 in the subject line of previously with the title, ‘‘Application Louisiana and New York. your comments. for Adoption of Wild Horse(s) or SUMMARY: The plats of survey of the FOR FURTHER INFORMATION CONTACT: To Burro(s).’’ The BLM proposes that the following described lands are scheduled request additional information about information-collection activity and form to be officially filed in the Bureau of this ICR, contact Holle Waddell by be revised to enable both adoptions and land Management (BLM), Eastern States email at [email protected], or by purchases of wild horses or burros, as Office, Washington, DC, 30 days from telephone at 405–579–1860. authorized by 43 U.S.C. 1333(d) and (e). the date of this publication. SUPPLEMENTARY INFORMATION: In The revised form that includes sales is DATES: Unless there are protests of this accordance with the Paperwork titled, ‘‘Application for Adoption & Sale action, the filing of the plats described Reduction Act of 1995, we provide the of Wild Horses and Burros.’’ in this notice will happen on November public and other Federal agencies with The form that has been in use without 30, 2018. an opportunity to comment on new, a control number is Form 4710–24, proposed, revised, and continuing ‘‘BLM Facility Requirement Form’’ for ADDRESSES: Written notices protesting collections of information. This helps us use by individuals and non- these surveys must be sent to the State assess the impact of our information governmental organizations that Director, BLM Eastern States, Suite 950, collection requirements and minimize participate along with the BLM in joint 20 M Street SE, Washington, DC 20003. the public’s reporting burden. It also training programs to increase the FOR FURTHER INFORMATION CONTACT: helps the public understand our number of trained animals available for Dominica Van Koten, Chief Cadastral information collection requirements and adoption or purchase. Surveyor for Eastern States; (202) 912– provide the requested data in the Title of Collection: Protection, 7756; email: [email protected]; or U.S. desired format. Management, and Control of Wild Postal Service: BLM–ES, Suite 950, 20 We are soliciting comments on the Horses and Burros (43 CFR part 4700). M Street SE, Washington, DC 20003. proposed ICR that is described below. OMB Control Number: 1004–0042. Attn: Cadastral Survey. Persons who use We are especially interested in public Form Numbers: 4710–10 and 4710– a telecommunications device for the comments addressing the following 24. deaf may call the Federal Information issues: (1) Is the collection necessary to Type of Review: Renewal and revision Relay Service (FIRS) at 1–800–877–8339 the proper functions of the BLM; (2) can of a currently approved collection. to contact the above individual during this information be processed and used Respondents/Affected Public: Those normal business hours. The FIRS is in a timely manner; (3) is the estimate who wish to adopt and or purchase wild available 24 hours a day, 7 days a week, of burden accurate; (4) how might the horses and burros. to leave a message or question with the BLM enhance the quality, utility, and Total Estimated Number of Annual above individual. You will receive a clarity of the information to be Respondents: 7,943. reply during normal business hours. collected; and (5) how might the BLM Total Estimated Number of Annual SUPPLEMENTARY INFORMATION: minimize the burden of this collection Responses: 7,943. The lands surveyed are: on the respondents, including through Estimated Completion Time per Louisiana Meridian, Louisiana the use of information technology. Response: Varies from 10 minutes to 30 Comments that you submit in minutes, depending on activity. T. 14 S, R. 9 E response to this notice are a matter of Total Estimated Number of Annual The plat, incorporating the field notes public record. We will include or Burden Hours: 3,822. describe the dependent resurvey of a summarize comments in our request to Respondent’s Obligation: Required to portion of the subdivisional lines and OMB to approve this ICR. Before obtain or retain a benefit. the survey of section 58, Township 14 including your address, phone number, Frequency of Collection: On occasion. South, Range 9 East, of the Louisiana email address, or other personal Total Estimated Annual Non-hour Meridian, Louisiana; accepted identifying information in your Burden Cost: $2,400. September 29, 2017. The survey was comment, you should be aware that An agency may not conduct or requested by the Southeastern States your entire comment—including your sponsor and a person is not required to District Office, BLM. personal identifying information—may respond to a collection of information be made publicly available at any time. Allegany and Cattaraugus Counties, unless it displays a currently valid OMB New York While you can ask us in your comment control number. The authority for this to withhold your personal identifying action is the Paperwork Reduction Act The plat, incorporating the field notes information from public review, we of 1995 (44 U.S.C. 3501 et seq). of the dependent resurvey of the Oil cannot guarantee that we will be able to Springs Indian Reservation; in the state do so. Jean Sonneman, of New York; accepted September 1, Abstract: This notice pertains to the Information Collection Clearance Officer, 2017. The survey was requested by the collection of information that enables Bureau of Land Management. Bureau of Indian Affairs. the BLM to administer its program for [FR Doc. 2018–23837 Filed 10–30–18; 8:45 am] A person or party who wishes to wild horses and burros in compliance BILLING CODE 4310–84–P protest the above surveys must file a

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written protest 30 calendar days from http://parkplanning.nps.gov/ offshore. The Seashore administers an the date of this publication at the POREGMPA and in the Office of the additional 15,000 acres of the north address listed in the ADDRESSES section Superintendent, 1 Bear Valley Road, district of Golden Gate National of this notice. A statement of reasons for Point Reyes Station, CA 94956 (415– Recreation Area (Golden Gate NRA) the protest may be filed with the notice 464–5120, telephone). You may submit under a Regional Directive for of protest and must be filed within 30 your comments by any one of several Management. Congress established calendar days after the protest is filed. methods. You may comment online at Golden Gate NRA in 1972 and expanded If a protest against a survey is received http://parkplanning.nps.gov/ it in 1980 to include lands within the prior to the date of official filing, the POREGMPA. You may mail or hand planning area. The Golden Gate NRA filing will be stayed pending deliver comments to the legislation directs the NPS ‘‘to preserve consideration of the protest. A plat will Superintendent, Point Reyes National for public use and enjoyment certain not be officially filed until the day after Seashore, 1 Bear Valley Road, Point areas of Marin and San Francisco all protests have been dismissed or Reyes Station, CA 94956. Written Counties, California, possessing otherwise resolved. comments will also be accepted at the outstanding natural, historic, scenic, Before including your address, phone public open houses. and recreational values . . . .’’ and to number, email address, or other FOR FURTHER INFORMATION CONTACT: ‘‘preserve the recreation area, as far as personal identifying information in your Melanie Gunn, Outreach Coordinator, possible, in its natural setting, and comment, please be aware that your Point Reyes National Seashore, 1 Bear protect it from development and uses entire protest, including your personal Valley Road, Point Reyes Station, CA which would destroy the scenic beauty identifying information may be made 94956 (415–464–5131, telephone). and natural character of the area.’’ 16 publicly available at any time. While SUPPLEMENTARY INFORMATION: Pursuant U.S.C. 460bb. you can ask us in your comment to to the National Environmental Policy Specific provisions of both the Point withhold your personal identifying Act of 1969, 42 U.S.C. 4332(2)(C) Reyes and Golden Gate NRA enabling information from public review, we (NEPA), and the terms of a Settlement legislation (16 U.S.C. 459c–5 and cannot guarantee that we will be able to Agreement approved by the U.S. District 460bb–2(j)) authorize the issuance of do so. Court for the Northern District of lease/special use permits (lease/permits) A copy of the described plats will be California on July 14, 2017 (Resource for agricultural, ranching, or dairying placed in the open files, and available Renewal Institute et al., v. National Park purposes. Approximately 28,000 acres to the public as a matter of information. Service, Case No. 16–cv–00688–SBA of National Park Service lands, Authority: 43 U.S.C. Chap. 3. (KAW) (N.D. Cal.)) (Agreement), the including 18,000 acres of Point Reyes NPS is preparing an EIS for lands National Seashore and 10,000 acres Leon W. Chmura, within the north district of Golden Gate Acting Chief Cadastral Surveyor. currently leased for ranching within Point Reyes National Seashore and the National Recreation Area, are currently [FR Doc. 2018–23825 Filed 10–30–18; 8:45 am] north district of Golden Gate National utilized for beef and dairy ranching BILLING CODE 4310–GJ–P Recreation Area (planning area). In under agricultural lease/permits. preparing the EIS, the NPS will follow In the spring of 2014, the NPS initiated development of a Ranch DEPARTMENT OF THE INTERIOR all applicable laws and policies and will comply with the terms of the Comprehensive Management Plan to National Park Service Agreement. The Agreement requires the address high priority management needs EIS to address the statutory elements for associated with the approximately [NPS–PWR–PWRO–26857; PPWONRADE2, General Management Plans, unless 28,000 acres of active beef and dairy PMP00EI05.YP0000] inapplicable, and to consider three ranching on NPS lands within Point Reyes and the north district of Golden Notice of Intent To Prepare an specific alternatives. The EIS will Gate NRA. The planning effort also Environmental Impact Statement for a amend the 1980 GMP for the planning addressed concerns related to the General Management Plan area. expansion of free-range tule elk into the Amendment, Point Reyes National This notice also terminates the GMP park ranch lands, as well as other issues Seashore and North District of Golden EIS process for Point Reyes National including lease duration, succession, Gate National Recreation Area, Marin Seashore initiated by the NPS on and ranch operational flexibility and County, California October 14, 1997 (62 FR 53336), updated on May 24, 1999 (64 FR 28008), diversification. AGENCY: National Park Service, Interior. and expanded to include the north In February 2016, litigation was ACTION: Notice of intent. district of Golden Gate National brought against the NPS related to the Recreation Area lands on February 3, ranch planning process and the ongoing SUMMARY: The National Park Service 2000 (65 FR 5365–5366). use of lands within the planning area for (NPS) is preparing a General ranching and dairying. The plaintiffs Management Plan Amendment (GMP Background and the NPS, together with the ranchers Amendment) and Environmental Impact Legislation authorizing the and the County of Marin, entered into Statement (EIS) for all lands currently establishment of Point Reyes National settlement negotiations in an effort to under agricultural lease/permits within Seashore (Point Reyes or Seashore) was resolve the litigation. As referenced in Point Reyes National Seashore and the enacted in 1962 (16 U.S.C. 459c) for the the Supplementary Information section north district of Golden Gate National purpose of preserving ‘‘a portion of the above, a multi-party Agreement was Recreation Area. diminishing seashore of the United approved by the U.S. District Court on DATES: The NPS requests that comments States that remains undeveloped.’’ The July 14, 2017. Per the Agreement, the be submitted by November 30, 2018. Seashore includes more than 71,000 NPS agreed that in lieu of the Ranch Open houses will be announced in local acres of beaches, coastal cliffs and Comprehensive Management Plan, the media. headlands, marine terraces, coastal NPS would prepare a GMP Amendment ADDRESSES: Information will be uplands, forests, and includes all tide and EIS addressing the management of available for public review online at and submerged lands to 0.25 miles the lands currently leased for ranching

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within the Seashore and the north carrying capacities. The NPS has done alternative, beef and dairy ranching district of Golden Gate NRA. some initial boundary analysis and does operations would continue to be not expect to propose any external authorized on approximately 27,000 Purpose and Need boundary modifications under any of acres within the planning area under 5 Purpose the alternatives. and 10 year agricultural lease/permits. Proposed Action—Based on the The purpose of the EIS for the General Action Alternatives Management Plan Amendment is to purpose and need for action, the NPS Continued Ranching and Removal of establish guidance for the preservation proposed action includes the Elements the Drakes Beach Tule Elk Herd— of natural and cultural resources and the Common to All Action Alternatives and Existing ranch families would be management of infrastructure and the following additional elements: • Issue agricultural lease/permits authorized to continue beef and dairy visitor use within the planning area. with 20 year terms to existing ranch operations under agricultural lease/ The alternatives evaluated in the EIS families to continue beef and dairy permits as described in the proposed will also address the future management operations on approximately 27,000 action. Under this alternative, the of tule elk and leased ranch lands. acres within the planning area. Drakes Beach tule elk herd would be Need • The proposed action would include removed using translocation outside of Action is needed at this time to opportunities for operational flexibility the park if practicable, or agency- address the park’s highest priority and diversification, establish managed lethal methods. The NPS planning issues which include the approximately 900 acres of resource would continue to manage the management of approximately 28,000 protection buffers, and provide Limantour herd as in the proposed acres of land currently leased for programmatic review of best action. Under this alternative, management practices. approximately 27,000 acres of beef and ranching. Action is also needed to • comply with the terms of the Agreement Implement a land management dairy ranching operations would be which requires that the GMP framework on ranch lands allowing for authorized under agricultural lease/ Amendment and EIS be completed on or different intensities of land use permits within the planning area. before July 14, 2021. depending on the zone (ranch core, Reduced Ranching and Management pasture, and range). Diversification of the Drakes Beach Tule Elk Herd—A Alternatives activities (e.g. poultry) would be reduced ranching alternative is required The Agreement requires the NPS to allowed in the ranch core zone. Pasture by the Agreement. Under this give full consideration to and disclose areas would allow for some increased alternative, cessation of grazing the impacts of three alternatives: (1) No pasture management activities. Range operations would occur on ranching; (2) no dairy ranching; and (3) areas would be dedicated to livestock approximately 7,500 acres within the reduced ranching. These alternatives grazing. planning area. The areas identified for • must not be conditioned on the Take actions to minimize elk- closure to grazing would minimize the discretionary termination of agricultural related impacts including: Hazing, fence overall impact to the Point Reyes lease/permits by ranchers. The repair and modification, water Peninsula Dairy Ranches Historic Agreement expressly preserves the development, habitat improvement, and District and Olema Valley Dairy NPS’s right to give full consideration to other measures as appropriate. The Ranches Historic District. Most of the other potential action alternatives. It Drakes Beach free-range tule elk herd areas identified for closure do not have also allows the NPS to consider would be managed at a level compatible developed complexes or permitted agricultural diversification, increased with authorized ranching operations. residential uses. For areas remaining in operational flexibility, the promotion of The NPS would manage within that agricultural use, agricultural lease/ sustainable operational practices, range using translocation outside of the permits would be offered as described succession planning, and similar ranch park if practicable, or agency-managed under the proposed action. Tule elk management practices as part of any lethal removal methods. Additionally, would be managed consistent with the action alternative, except the no the NPS will evaluate management of actions described in the proposed action ranching alternative. Each of the action tule elk from the Limantour free-range but under population targets alternatives considered in the EIS must herd if they affect ranchlands. commensurate with the level of also address the four statutorily required The proposed action represents one ranching operations in this alternative. elements for GMPs, to the extent alternative that will be considered Under this alternative, approximately applicable. These elements are: during the EIS process, and it will be 19,500 acres of beef and dairy ranching Measures to preserve park resources, further developed and refined operations would be authorized under guidance regarding the types and levels throughout the process. In addition to agricultural lease/permits within the of public use and development, the proposed action, the NPS is planning area. discussion of visitor carrying capacities, considering the following additional No Dairy Ranching and Limited and potential external boundary alternative concepts. Management of the Drakes Beach Tule modifications. No Action—This alternative is Elk Herd—A no dairy ranching required by NEPA and would continue alternative is required by the Elements Common to All Action the issuance of short-term agricultural Agreement. Under this alternative, all Alternatives lease/permits for ongoing activities, beef cattle grazing operations would The NPS would identify opportunities with limited management of free-range continue. The six active dairies within to improve the visitor experience in the tule elk affecting park ranch lands, Point Reyes would cease operations. planning area such as enhanced trail consistent with current management. Dairy operators would be eligible to connections, improved signage, and This alternative would continue to convert operations to beef cattle grazing new interpretive waysides. The NPS maintain existing operations, over a period of 5 years. For areas would identify broad management management of park resources and remaining in agricultural use, strategies that would be undertaken to visitor use generally at current levels. agricultural lease/permits would be preserve park resources, as well as The NPS would maintain the existing offered as described above for the indicators and standards to guide visitor Seashore boundary. Under this proposed action. The NPS would take

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limited action to manage the geographic comments by any one of several submissions pursuant to Commission extent of all free-range tule elk, but only methods. The preferred method for rules. where management is needed to support commenting is online at http:// FOR FURTHER INFORMATION CONTACT: other resource protection and park parkplanning.nps.gov/POREGMPA. You Houda Morad, Office of the General goals. Under this alternative, may also mail or hand deliver Counsel, U.S. International Trade approximately 27,000 acres of beef comments to the Superintendent, Point Commission, 500 E Street SW, grazing operations would be authorized Reyes National Seashore, 1 Bear Valley Washington, DC 20436, telephone (202) under agricultural lease/permits within Road, Point Reyes Station, CA 94956. 708–4716. Copies of non-confidential the planning area. Written comments will also be accepted documents filed in connection with this No Ranching and Expansion of Tule at the public open houses. Comments investigation are or will be available for Elk in the Planning Area—A no will not be accepted by fax, email, or by inspection during official business ranching alternative is required by the any method other than those specified hours (8:45 a.m. to 5:15 p.m.) in the Agreement. Under this alternative, above. Bulk comments in any format Office of the Secretary, U.S. ranching in all areas of the Seashore and (hard copy or electronic) submitted on International Trade Commission, 500 E the north district of Golden Gate NRA behalf of others will not be accepted. Street SW, Washington, DC 20436, would cease. With the exception of the Public Availability of Comments— telephone (202) 205–2000. General two locations with life-estates, most Before including your address, phone information concerning the Commission operations would be phased out over a number, email address, or other may be obtained by accessing its period of 5 years. The NPS anticipates personal identifying information in your internet server (https://www.usitc.gov). many of the areas and their associated comment, you should be aware that The public record for this investigation facilities would be converted and your entire comment—including your may also be viewed on the offered for public not-for-profit personal identifying information—may Commission’s electronic docket (EDIS) education, research and outdoor be made publicly available at any time. at https://edis.usitc.gov. Hearing- experiential activities and other public While you can ask us in your comment impaired persons are advised that recreation and visitor opportunities. The to withhold your personal identifying information on this matter can be EIS will evaluate these actions at the information from public review, we programmatic level. The NPS would obtained by contacting the cannot guarantee that we will be able to Commission’s TDD terminal on (202) take limited action to manage the do so. geographic extent of the free-range tule 205–1810. Authority: 40 CFR 1501.7. elk herd, but only where management is SUPPLEMENTARY INFORMATION: Section needed to support other resource Dated: October 19, 2018. 337 of the Tariff Act of 1930, as protection and park goals. Colin Smith, amended, 19 U.S.C. 1337 (‘‘section Each of the action alternatives will Acting Regional Director, Pacific West Region, 337’’), provides that if the Commission also include the Elements Common to National Park Service. finds a violation, it shall exclude the All Action Alternatives. The alternative [FR Doc. 2018–23807 Filed 10–30–18; 8:45 am] articles concerned from the United concepts and management tools under BILLING CODE 4312–52–P States unless, after considering the consideration may change based upon effect of such exclusion upon the public input received during public scoping health and welfare, competitive and throughout the development of the INTERNATIONAL TRADE conditions in the United States EIS. The NPS will also consider other COMMISSION economy, the production of like or alternatives that are suggested during directly competitive articles in the the scoping period, as appropriate. The [Investigation No. 337–TA–1074] United States, and United States consumers, it finds that such articles NPS will not select an alternative for Certain Industrial Automation Systems should not be excluded from entry. 19 implementation until after a final EIS is and Components Thereof Including U.S.C. 1337(d)(1). A similar provision completed. Control Systems, Controllers, applies to cease and desist orders. 19 Visualization Hardware, Motion and Public Comment U.S.C. 1337(f)(1). How to Provide Comments—During Motor Control Systems, Networking The Commission is soliciting the scoping period, maps and other Equipment, Safety Devices, and Power comments on public interest issues project information will be available on Supplies; Notice of Request for raised by the recommended relief, the project’s website (http:// Statements on the Public Interest should the Commission find a violation, parkplanning.nps.gov/POREGMPA). AGENCY: U.S. International Trade i.e.: (1) A general exclusion order Public open houses will be conducted to Commission. (‘‘GEO’’) against certain industrial provide an opportunity for the public to ACTION: Notice. automation systems and components share their comments and learn more thereof including control systems, about activities within the planning SUMMARY: Notice is hereby given that controllers, visualization hardware, area. Details regarding the exact times the presiding administrative law judge motion and motor control systems, and locations of these meetings will be has issued a final Initial Determination networking equipment, safety devices, announced on the project website and on section 337 violation and a and power supplies; and (2) a cease and through local and regional media. The Recommended Determination on desist order (‘‘CDO’’) against one of the meetings will also be announced remedy and bonding in the above- defaulted respondents, namely, through email notification to captioned investigation. The Fractioni (Hongkong) Ltd. individuals and organizations on the Commission is soliciting comments on The Commission is interested in initial distribution list. public interest issues raised by the further development of the record on If you wish to comment on the recommended relief, should the the public interest in this investigation. purpose, need, preliminary alternatives, Commission find a section 337 Accordingly, parties are to file public or on any other issues associated with violation. This notice is soliciting public interest submissions pursuant to development of the draft GMP interest comments from the public only. pursuant to 19 CFR 210.50(a)(4). In Amendment EIS, you may submit your Parties are to file public interest addition, members of the public are

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hereby invited to file submissions of no Commission and must include a full days, or in this case by December 10, more than five (5) pages, inclusive of statement of the reasons why the 2018. The Commission’s views must be attachments, concerning the public Commission should grant such transmitted to Commerce within five interest in light of the administrative treatment. See 19 CFR 201.6. Documents business days thereafter, or by law judge’s Recommended for which confidential treatment by the December 17, 2018. Determination on remedy and bonding Commission is properly sought will be DATES: October 24, 2018. issued in this investigation on October treated accordingly. A redacted non- FOR FURTHER INFORMATION CONTACT: Julie 23, 2018. Comments should address confidential version of the document Duffy ((202) 708–2579), Office of whether issuance of the GEO and CDO must also be filed simultaneously with Investigations, U.S. International Trade in this investigation, should the any confidential filing. All non- Commission, 500 E Street SW, Commission find a violation, would confidential written submissions will be Washington, DC 20436. Hearing- affect the public health and welfare in available for public inspection at the impaired persons can obtain the United States, competitive Office of the Secretary and on EDIS. information on this matter by contacting conditions in the United States This action is taken under the the Commission’s TDD terminal on 202– economy, the production of like or authority of section 337 of the Tariff Act 205–1810. Persons with mobility directly competitive articles in the of 1930, as amended (19 U.S.C. 1337), impairments who will need special United States, or United States and of sections 201.10 and 210.50 of the assistance in gaining access to the consumers. Commission’s Rules of Practice and Commission should contact the Office In particular, the Commission is Procedure (19 CFR 201.10, 210.50). of the Secretary at 202–205–2000. interested in comments that: By order of the Commission. General information concerning the (i) Explain how the articles Commission may also be obtained by potentially subject to the recommended Issued: October 25, 2018. accessing its internet server (https:// orders are used in the United States; Jessica Mullan, (ii) identify any public health, safety, Attorney Advisor. www.usitc.gov). The public record for this investigation may be viewed on the or welfare concerns in the United States [FR Doc. 2018–23761 Filed 10–30–18; 8:45 am] Commission’s electronic docket (EDIS) relating to the recommended orders; BILLING CODE 7020–02–P (iii) identify like or directly at https://edis.usitc.gov. competitive articles that complainant, SUPPLEMENTARY INFORMATION: its licensees, or third parties make in the INTERNATIONAL TRADE Background.—These investigations United States which could replace the COMMISSION are being instituted, pursuant to subject articles if they were to be sections 703(a) and 733(a) of the Tariff [Investigation Nos. 701–TA–614 and 731– Act of 1930 (19 U.S.C. 1671b(a) and excluded; TA–1431 (Preliminary)] (iv) indicate whether complainant, 1673b(a)), in response to a petition filed complainant’s licensees, and/or third Magnesium From Israel; Institution of on October 24, 2018, by US Magnesium party suppliers have the capacity to Anti-Dumping and Countervailing Duty LLC, Salt Lake City, Utah. replace the volume of articles Investigations and Scheduling of For further information concerning potentially subject to the recommended Preliminary Phase Investigations the conduct of these investigations and exclusion order and/or a cease and rules of general application, consult the desist order within a commercially AGENCY: United States International Commission’s Rules of Practice and reasonable time; and Trade Commission. Procedure, part 201, subparts A and B (v) explain how the GEO and CDO ACTION: Notice. (19 CFR part 201), and part 207, would impact consumers in the United subparts A and B (19 CFR part 207). States. SUMMARY: The Commission hereby gives Participation in the investigations and Written submissions from the public notice of the institution of investigations public service list.—Persons (other than must be filed no later than close of and commencement of preliminary petitioners) wishing to participate in the business on Friday, November 16, 2018. phase antidumping and countervailing investigations as parties must file an Persons filing written submissions duty investigation Nos. 701–TA–614 entry of appearance with the Secretary must file the original document and 731–TA–1431 (Preliminary) to the Commission, as provided in electronically on or before the deadlines pursuant to the Tariff Act of 1930 (‘‘the sections 201.11 and 207.10 of the stated above and submit 8 true paper Act’’) to determine whether there is a Commission’s rules, not later than seven copies to the Office of the Secretary by reasonable indication that an industry days after publication of this notice in noon the next day pursuant to section in the United States is materially the Federal Register. Industrial users 210.4(f) of the Commission’s Rules of injured or threatened with material and (if the merchandise under Practice and Procedure (19 CFR injury, or the establishment of an investigation is sold at the retail level) 210.4(f)). Submissions should refer to industry in the United States is representative consumer organizations the investigation number (‘‘Inv. No. materially retarded, by reason of have the right to appear as parties in 337–TA–1074’’) in a prominent place on imports of magnesium from Israel, Commission antidumping duty and the cover page and/or the first page. See provided for in subheadings 8104.11.00, countervailing duty investigations. The Handbook on Filing Procedures, 8104.19.00, and 8104.30.00 of the Secretary will prepare a public service (https://www.usitc.gov/secretary/ Harmonized Tariff Schedule of the list containing the names and addresses documents/handbook_on_filing_ United States, that are alleged to be sold of all persons, or their representatives, procedures.pdf). Persons with questions in the United States at less than fair who are parties to these investigations regarding filing should contact the value and alleged to be subsidized by upon the expiration of the period for Secretary (202–205–2000). the Government of Israel. Unless the filing entries of appearance. Any person desiring to submit a Department of Commerce (‘‘Commerce’’) Limited disclosure of business document to the Commission in extends the time for initiation, the proprietary information (BPI) under an confidence must request confidential Commission must reach a preliminary administrative protective order (APO) treatment. All such requests should be determination in antidumping and and BPI service list.—Pursuant to directed to the Secretary to the countervailing duty investigations in 45 section 207.7(a) of the Commission’s

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rules, the Secretary will make BPI Certification.—Pursuant to section consequences of a release. The gathered in these investigations 207.3 of the Commission’s rules, any Complaint also contains allegations available to authorized applicants person submitting information to the under the Emergency Planning and representing interested parties (as Commission in connection with these Community Right-to-Know Act of 1986, defined in 19 U.S.C. 1677(9)) who are investigations must certify that the 42 U.S.C. 11022, and the parties to the investigations under the information is accurate and complete to Comprehensive Environmental APO issued in the investigations, the best of the submitter’s knowledge. In Response, Compensation and Liability provided that the application is made making the certification, the submitter Act, 42 U.S.C. 9603(a) for Stavis’ failure not later than seven days after the will acknowledge that any information to properly report its inventory of publication of this notice in the Federal that it submits to the Commission hazardous substances and for failing to Register. A separate service list will be during these investigations may be comply with emergency notification maintained by the Secretary for those disclosed to and used: (i) By the requirements. The proposed Stipulation parties authorized to receive BPI under Commission, its employees and Offices, in this case requires Stavis to pay a civil the APO. and contract personnel (a) for penalty of $700,000. Conference.—The Commission’s developing or maintaining the records Director of Investigations has scheduled of these or related investigations or The publication of this notice opens a conference in connection with these reviews, or (b) in internal investigations, a period for public comment on the investigations for 9:30 a.m. on audits, reviews, and evaluations relating proposed Stipulation. Comments should Wednesday, November 14, 2018, at the to the programs, personnel, and be addressed to the Assistant Attorney U.S. International Trade Commission operations of the Commission including General, Environment and Natural Building, 500 E Street SW, Washington, under 5 U.S.C. Appendix 3; or (ii) by Resources Division, and should refer to DC. Requests to appear at the conference U.S. government employees and United States v. Stavis Seafoods, Inc., should be emailed to contract personnel, solely for D.J. Ref. No. 90–5–2–1–11574. All [email protected] (DO cybersecurity purposes. All contract comments must be submitted no later NOT FILE ON EDIS) on or before personnel will sign appropriate than thirty (30) days after the November 9, 2018. Parties in support of nondisclosure agreements. publication date of this notice. the imposition of countervailing and Authority: These investigations are Comments may be submitted either by antidumping duties in these being conducted under authority of title email or by mail: investigations and parties in opposition VII of the Tariff Act of 1930; this notice to the imposition of such duties will is published pursuant to section 207.12 To submit each be collectively allocated one hour of the Commission’s rules. comments: Send them to: within which to make an oral By order of the Commission. By email ...... pubcomment-ees.enrd@ presentation at the conference. A Issued: October 25, 2018. usdoj.gov. nonparty who has testimony that may Jessica Mullan, aid the Commission’s deliberations may By mail ...... Assistant Attorney General, Attorney Advisor. request permission to present a short U.S. DOJ—ENRD, P.O. [FR Doc. 2018–23758 Filed 10–30–18; 8:45 am] Box 7611, Washington, DC statement at the conference. 20044–7611. Written submissions.—As provided in BILLING CODE 7020–02–P sections 201.8 and 207.15 of the Commission’s rules, any person may During the public comment period, submit to the Commission on or before DEPARTMENT OF JUSTICE the proposed Stipulation may be November 19, 2018, a written brief examined and downloaded at this Notice of Lodging of Proposed containing information and arguments Justice Department website: https:// Stipulation Under the Clean Air Act, pertinent to the subject matter of the www.justice.gov/enrd/consent-decrees. the Emergency Planning and investigations. Parties may file written We will provide a paper copy of the Community Right-to-Know Act of 1986, testimony in connection with their proposed Stipulation upon written and the Comprehensive Environmental presentation at the conference. All request and payment of reproduction Response, Compensation, and Liability written submissions must conform with costs. Please mail your request and Act the provisions of section 201.8 of the payment to: Consent Decree Library, Commission’s rules; any submissions On October 23, 2018, the Department U.S. DOJ—ENRD, P.O. Box 7611, that contain BPI must also conform with of Justice lodged a proposed Stipulation Washington, DC 20044–7611. the requirements of sections 201.6, (‘‘Stipulation’’) with the United States Please enclose a check or money order 207.3, and 207.7 of the Commission’s District Court for the District of for $9.50 (25 cents per page rules. The Commission’s Handbook on Massachusetts in the lawsuit entitled reproduction cost), payable to the E-Filing, available on the Commission’s United States v. Stavis Seafoods, Inc., United States Treasury. website at https://edis.usitc.gov, Civil Action No. 1:18-cv-12199. In the elaborates upon the Commission’s rules Complaint, the United States, on behalf Robert Maher, with respect to electronic filing. of the U.S. Environmental Protection Assistant Section Chief, Environmental In accordance with sections 201.16(c) Agency (‘‘EPA’’), alleges that Stavis Enforcement Section, Environment & Natural and 207.3 of the rules, each document Seafoods, Inc. (‘‘Stavis’’) violated the Resources Division. filed by a party to the investigations Clean Air Act, 42 U.S.C. 7412(r)(1), for [FR Doc. 2018–23736 Filed 10–30–18; 8:45 am] must be served on all other parties to a release of anhydrous ammonia and BILLING CODE 4410–15–P the investigations (as identified by associated violation of the requirements either the public or BPI service list), and under the Clean Air Act’s General Duty a certificate of service must be timely Clause, such as a failure to conduct a filed. The Secretary will not accept a process hazard analysis, failure to document for filing without a certificate maintain the facility in the adequate of service. manner, and failure to minimize the

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DEPARTMENT OF JUSTICE To submit instrument with instructions or comments: Send them to: additional information, please contact Notice of Lodging of Proposed Devon Adams, Supervisory Program Consent Decree Under the By mail ...... Assistant Attorney General, Manager, Bureau of Justice Statistics, Comprehensive Environmental U.S. DOJ—ENRD, P.O. 810 Seventh Street NW, Washington, DC Response, Compensation, and Liability Box 7611, Washington, DC 20044–7611. 20531 (email: devon.adams@ Act ojp.usdoj.gov; telephone: (202–305– 0765). On October 17, 2018, the Department Under Section 7003(d) of RCRA, 42 of Justice lodged a Consent Decree U.S.C. 6973(d), a commenter may SUPPLEMENTARY INFORMATION: Written agreed to with defendant Exxon Mobil request an opportunity for a public comments and suggestions from the Corporation (‘‘ExxonMobil’’) in the meeting in the affected area. public and affected agencies concerning During the public comment period, United States District Court for the the proposed collection of information the Consent Decree may be examined Northern District of West Virginia. The are encouraged. Your comments should and downloaded at this Justice Consent Decree resolves the United address one or more of the following Department website: https:// States’ claims under Sections 106 and four points: www.justice.gov/enrd/consent-decrees. 107 of the Comprehensive —Evaluate whether the proposed We will provide a paper copy of the Environmental Response, collection of information is necessary Consent Decree upon written request Compensation, and Liability Act for the proper performance of the and payment of reproduction costs. (‘‘CERCLA’’), 42 U.S.C. 9606 and 9607, functions of the Bureau of Justice Please mail your request and payment for the performance of response actions Statistics, including whether the to: Consent Decree Library, U.S. DOJ— and for payment of response costs information will have practical utility; ENRD, P.O. Box 7611, Washington, DC incurred in connection with the release —Evaluate the accuracy of the agency’s 20044–7611. of hazardous substances at the Sharon estimate of the burden of the Please enclose a check or money order proposed collection of information, Steel Corp/Fairmont Coke Works for $59.25 (25 cents per page Superfund Site, located in Fairmont, including the validity of the reproduction cost) payable to the United methodology and assumptions used; West Virginia. The Consent Decree also States Treasury. For a paper copy resolves related claims brought by the —Evaluate whether and if so how the without the exhibits and signature quality, utility, and clarity of the State of West Virginia, through the West pages, the cost is $10.50. Virginia Department of Environmental information to be collected can be Protection. The Complaint filed Jeffrey Sands, enhanced; and concurrently with the Consent Decree Assistant Section Chief, Environmental —Minimize the burden of the collection alleges that ExxonMobil, through a Enforcement Section, Environment and of information on those who are to predecessor company, owned and Natural Resources Division. respond, including through the use of operated a production facility at the Site [FR Doc. 2018–23765 Filed 10–30–18; 8:45 am] appropriate automated, electronic, that processed coal to produce coke. BILLING CODE 4410–15–P mechanical, or other technological The by-products produced from the collection techniques or other forms coke-making process included coal tar, of information technology, e.g., phenol, ammonium sulfate, benzene, DEPARTMENT OF JUSTICE permitting electronic submission of toluene, and xylene. The production [OMB Number 1121–0312] responses. waste was disposed of in on-site Overview of This Information landfills, sludge ponds, and waste piles. Agency Information Collection Collection The proposed Consent Decree obligates Activities; Proposed eCollection Exxon to pay for all future EPA and eComments Requested; Revision of a (1) Type of Information Collection: WVDEP response cost, and reimburse Currently Approved Collection: 2018– Revision of a currently collection $250,000 of the United States’ past 2020 Survey of State Criminal History approved collection. response costs. ExxonMobil will Information Systems (SSCHIS) (2) The Title of the Form/Collection: perform the work at the Site pursuant to 2018–2020 Survey of State Criminal AGENCY: Bureau of Justice Statistics, the proposed Consent Decree. History Information Systems (SSCHIS). Department of Justice. (3) The agency form number, if any, The publication of this notice opens ACTION: 60-Day notice. and the applicable component of the a period for public comment on the Department sponsoring the collection: Consent Decree. Comments should be SUMMARY: The Department of Justice The form number is N/A. The addressed to the Assistant Attorney (DOJ), Office of Justice Programs, applicable component within the General, Environment and Natural Bureau of Justice Statistics, will be Department of Justice is the Bureau of Resources Division, and should refer to submitting the following information Justice Statistics, in the Office of Justice United States of America, et al v. Exxon collection request to the Office of Programs. Mobil Corporation, Civil Action No. Management and Budget (OMB) for (4) Affected public who will be asked 1:18–cv–00195 (N.D. W.Va.), DOJ review and approval in accordance with or required to respond, as well as a brief number 90–11–3–06663/2. All the Paperwork Reduction Act of 1995. abstract: Respondents are state comments must be submitted no later DATES: Comments are encouraged and government agencies, primarily state than 30 days after the publication date will be accepted for 60 days until criminal history record repositories. The of this notice. Comments may be December 31, 2018. SSCHIS report, the most comprehensive submitted either by email or by mail: FOR FURTHER INFORMATION CONTACT: If data available on the collection and you have additional comments maintenance of information by state To submit comments: Send them to: especially on the estimated public criminal history record systems, burden or associated response time, describes the status of such systems and By email ...... pubcomment-ees.enrd@ suggestions, or need a copy of the record repositories on a biennial basis. usdoj.gov. proposed information collection Data collected from state record

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repositories serves as the basis for Civil Action No. 4:18–cv–06506 (N.D. Consent Decree. Comments should be estimating the percentage of total state Cal.). addressed to the Assistant Attorney records that are immediately available The proposed Consent Decree General, Environment and Natural through the FBI’s Interstate resolves certain claims brought under Resources Division, and should refer to Identification Index (III), and the Section 112(r)(7) of the Clean Air Act United States of America and the State percentage of arrest records that include (‘‘CAA’’), 42 U.S.C. 7412(r)(7), at the of Mississippi v. Chevron U.S.A. Inc., dispositions. Other data presented four petroleum refineries owned and D.J. Ref. No. 90–5–2–1–11576. All include the number of records operated by Chevron U.S.A. Inc. comments must be submitted no later maintained by each state, the percentage (‘‘Chevron’’), which are located in than thirty (30) days after the of automated records in the system, and Richmond, California; El Segundo, publication date of this notice. the number of states participating in the California; Pascagoula, Mississippi; and Comments may be submitted either by National Fingerprint File and the Salt Lake City, Utah; as well as a fifth email or by mail: National Crime Prevention and Privacy petroleum refinery formerly owned and operated by Chevron, located in Compact which authorizes the interstate To submit Send them to: exchange of criminal history records for Kapolei, Hawaii. The State of comments: noncriminal justice purposes. The Mississippi is also resolving its related SSCHIS also contains information state law claims at the refinery located By email ...... pubcomment-ees.enrd@ in Pascagoula, Mississippi. The usdoj.gov. regarding the timeliness and By mail ...... Assistant Attorney General, completeness of data in state record proposed Consent Decree also resolves U.S. DOJ—ENRD, P.O. systems and procedures employed to certain claims brought under Section Box 7611, Washington, DC improve data quality. 112(r)(1) of the Clean Air Act, 42 U.S.C. 20044–7611. (5) An estimate of the total number of 7412(r)(1), at the refineries located in respondents and the amount of time Richmond, California, and Pascagoula, During the public comment period, estimated for an average respondent to Mississippi; under Section 103 of the the Consent Decree may be examined respond: The total number of Comprehensive Environmental and downloaded at this Justice respondents is 56. The average length of Response, Compensation, and Liability Department website: https:// time per respondent is 6.75 hours. This Act (‘‘CERCLA’’), 42 U.S.C. 9603, at the www.usdoj.gov/enrd/consent-decrees. estimate is based on the average amount refinery located in Richmond, We will provide a paper copy of the of time reported by five states that California; and under Section 304 of the Consent Decree upon written request reviewed the survey. Emergency Planning and Community and payment of reproduction costs. (6) An estimate of the total public Right-to-Know Act (‘‘EPCRA’’), 42 Please mail your request and payment burden (in hours) associated with the U.S.C. 11004, at the refinery located in to: Consent Decree Library, U.S. DOJ— collection: The total burden associated Richmond, California; and certain ENRD, P.O. Box 7611, Washington, DC with this collection is estimated to be findings of violation previously issued 20044–7611. 378 hours. by the U.S. Environmental Protection Please enclose a check or money order If additional information is required Agency (‘‘EPA’’) in Richmond, for $25.00 (25 cents per page contact: Melody Braswell, Department California. The claims alleged in the reproduction cost) payable to the United Clearance Officer, United States complaint and resolved in the proposed States Treasury. Department of Justice, Justice Consent Decree concern Chevron’s Management Division, Policy and prevention and mitigation of accidental Jeffrey Sands, Planning Staff, Two Constitution chemical releases, including actual Assistant Section Chief, Environmental Square, 145 N Street NE, 3E.405A, releases that occurred in Richmond, Enforcement Section, Environment and Washington, DC 20530. California in 2012, in El Segundo, Natural Resources Division. [FR Doc. 2018–23735 Filed 10–30–18; 8:45 am] Dated: October 26, 2018. California in 2013, and in Pascagoula, Mississippi in 2013. BILLING CODE 4410–15–P Melody Braswell. The Consent Decree requires Chevron Department Clearance Officer for PRA, U.S. to perform safety improvements to all its Department of Justice. U.S. petroleum refineries. These NATIONAL AERONAUTICS AND [FR Doc. 2018–23779 Filed 10–30–18; 8:45 am] improvements include the replacement SPACE ADMINISTRATION BILLING CODE 4410–18–P of vulnerable pipes, the implementation of ‘‘integrity operating window’’ [Notice: (18–085)] parameters and alarms, the conducting DEPARTMENT OF JUSTICE of additional corrosion inspections, the NASA Advisory Council; Regulatory Notice of Lodging of Proposed implementation of additional employee and Policy Committee; Meeting Consent Decree Under The Clean Air training, and the centralization of safety authority within the corporation. The AGENCY: National Aeronautics and Act, The Comprehensive Space Administration. Environmental Response, Consent Decree also requires Chevron to Compensation, and Liability Act, and pay a civil penalty of $2,950,000, of ACTION: Notice of meeting. which $2,492,750 will be paid to the The Emergency Planning and SUMMARY: In accordance with the Community Right-To-Know Act United States and $457,250 to the State of Mississippi; and requires Chevron to Federal Advisory Committee Act, as On October 24, 2018, the Department perform Supplemental Environmental amended, the National Aeronautics and of Justice and the State of Mississippi Projects valued at $10,000,000, Space Administration (NASA) filed a complaint and lodged a proposed consisting of the provision of emergency announces the first meeting of the Consent Decree with the United States response equipment to local Regulatory and Policy Committee of the District Court for the Northern District jurisdictions surrounding the five NASA Advisory Council. This of California (‘‘Court’’) in the matter of refineries at issue in the complaint. Committee reports to the NAC. United States of America and the State The publication of this notice opens DATES: Friday, November 16, 2018, from of Mississippi v. Chevron U.S.A. Inc., a period for public comment on the 2:00–5:00 p.m., Eastern Time.

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ADDRESSES: NASA Headquarters, Mr. Andrew Rowe, at andrew.rowe@ drone operators, air traffic controllers, Program Review Center (PRC), Room nasa.gov. flight attendants, ground crews, 9H40, 300 E Street SW, Washington, DC maintenance technicians, dispatchers, Patricia Rausch, 20546. train engineers, conductors, and other Advisory Committee Management Officer, members of the public. FOR FURTHER INFORMATION CONTACT: Mr. National Aeronautics and Space Andrew Rowe, Designated Federal Administration. The collected safety data are used by Officer, Office of Legislative and [FR Doc. 2018–23724 Filed 10–30–18; 8:45 am] NASA, Federal Aviation Administration Intergovernmental Affairs, NASA BILLING CODE 7510–13–P (FAA), Federal Railroad Administration Headquarters, Washington, DC 20546, (FRA), and other organizations that are (202) 358–4269 or andrew.rowe@ engaged in research and the promotion nasa.gov. NATIONAL AERONAUTICS AND of safety. The data are used to (1) SPACE ADMINISTRATION Identify deficiencies and discrepancies SUPPLEMENTARY INFORMATION: This so that these can be remedied by [Notice: (18–086)] meeting will be open to the public up appropriate authorities, (2) Support to the capacity of the meeting room. Notice of Information Collection policy formulation and planning for This meeting is also available improvements and, (3) Strengthen the telephonically and by WebEx. You must AGENCY: National Aeronautics and foundation of human factors safety use a touch-tone phone to participate in Space Administration (NASA). research. Respondents are not this meeting. Any interested person may ACTION: Notice of information collection. reimbursed for associated cost to dial the toll number 1–415–228–4998 or provide the information. Comments SUMMARY: toll free number 1–888–810–9156 and The National Aeronautics and submitted in response to this notice will then the numeric passcode 9872135, Space Administration, as part of its be summarized and included in the followed by the # sign, on both days. continuing effort to reduce paperwork request for OMB approval of this NOTE: If dialing in, please ‘‘mute’’ your and respondent burden, invites the information collection. They will also phone. To join via WebEx, the link is general public and other Federal become a matter of public record. https://nasaenterprise.webex.com/. The agencies to take this opportunity to meeting number is 906 737 987 and the comment on proposed and/or II. Method of Collection continuing information collections, as meeting password is 2wMGyBh@ (case NASA collects this information sensitive). required by the Paperwork Reduction Act of 1995. electronically and that is the preferred The agenda for the meeting will manner, however information may also DATES: All comments should be include: be collected via mail. submitted within 60 calendar days from —Export Control Issues the date of this publication. III. Data —Intellectual Property Waivers ADDRESSES: Interested persons are —Stimulating Commercial Activities on invited to submit written comments on Title: NASA ASRS and Related the International Space Station the proposed information collection to Voluntary Safety Reporting Systems. —Leveraging Excess Commercial Crew NASA Paperwork Reduction Act OMB Number: Seats to Support Private Sector Clearance Officer, Code JF000, National Type of Review: Existing Information Habitats and Free-Flying Commercial Aeronautics and Space Administration, Collection in use without OMB Space Station Development and Washington, DC 20546–0001 or Approval. [email protected]. Utilization Affected Public: Individuals. FOR FURTHER INFORMATION CONTACT: —Use of the NASA Logo Requests for additional information or Estimated Number of Respondents: —Branding and Endorsements Review copies of the information collection 100,000 annually. Attendees will be requested to sign a instrument(s) and instructions should Estimated Time per Response: 30 register and to comply with NASA be directed to Gatrie Johnson, NASA minutes. Headquarters security requirements, Clearance Officer, NASA Headquarters, Estimated Total Annual Burden including the presentation of a valid 300 E Street SW, JF000, Washington, DC Hours: 50,000 hours. picture ID to NASA Security before 20546, or [email protected]. access to NASA Headquarters. Foreign SUPPLEMENTARY INFORMATION: Estimated Total Annual Cost: $3.88 nationals attending this meeting will be M. I. Abstract required to provide a copy of their IV. Request for Comments passport and visa in addition to The NASA Ames Research Center, providing the following information no Human Systems Integration Division, Comments are invited on: (1) Whether less than 10 days prior to the meeting: manages voluntary safety reporting the proposed collection of information Full name; gender; date/place of birth; systems to collect and share safety is necessary for the proper performance citizenship; passport information information including, but not limited of the functions of NASA, including (number, country, telephone); visa to, the NASA Aviation Safety Reporting whether the information collection has information (number, type, expiration System (ASRS) and the Confidential practical utility; (2) the accuracy of date); employer/affiliation information Close Call Reporting System (C3RS). NASA’s estimate of the burden (name of institution, address, country, Both systems are voluntary reporting (including hours and cost) of the telephone); title/position of attendee. To systems for the reporting of safety propose collection of information; (3) expedite admittance, attendees that are incidents, events, or situations. ways to minimize the burden of the U.S. citizens and Permanent Residents Respondents include, but are not collection of information on (green card holders) are requested to limited to, any participant involved in respondents. Comments submitted in provide full name and citizenship status safety-critical domains such as aviation response to this notice will be no less than 3 working days prior to the or railway operations including summarized and included in the request meeting. Information should be sent to commercial and general aviation pilots, for OMB approval of this information

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collection. They will also become a I. Abstract NASA estimates that the notification matter of public record. of a mishap will take a contractor This is a request for authorization to approximately 4 hours, counting initial Gatrie Johnson, collect information under the NASA notifications, supervisory notifications, Federal Acquisition Regulation NASA PRA Clearance Officer. and contracting officer notifications. Supplement (NFS) Clause, 1852.223–70, [FR Doc. 2018–23723 Filed 10–30–18; 8:45 am] The chart below shows the number of Safety and Health Measures and Mishap BILLING CODE 7510–13–P mishaps, by category, reported by NASA Reporting, formerly entitled ‘‘Safety and contractors for calendar years 2013 and Health.’’ While the clause is proposed to 2014. The Federal Procurement Data NATIONAL AERONAUTICS AND be revised to eliminate some System data for fiscal year 2015 shows SPACE ADMINISTRATION information collected requirements, two award of approximately 154 contract distinct information collection [Notice: (18–087)] actions involved performance on a requirements will remain 1) notification NASA facility. Notice of Information Collection of a Type A, B, C, or D Mishap, or a close call as defined in NASA Classification 2013 2014 AGENCY: National Aeronautics and Procedural Requirements (NPR) 8621.1 Space Administration (NASA). Mishap and Close Call Reporting, Type A ...... 0 1 ACTION: Notice of information collection. Investigating and Recordkeeping, and 2) Type B ...... 3 1 quarterly reports specifying lost-time Type C ...... 125 139 SUMMARY: The National Aeronautics and frequency rate, number of lost-time Type D ...... 166 160 Space Administration, as part of its injuries, exposure, and accident/ continuing effort to reduce paperwork Total ...... 294 301 incident dollar losses. and respondent burden, invites the general public and other Federal II. Methods of Collection The purpose of tracking mishaps is for agencies to take this opportunity to Electronic. oversight of safety measures of current comment on proposed and/or contractors working on Federal facilities continuing information collections. III. Data and data for future source selections. DATES: All comments should be Title: Safety and Health Measures and For purposes of calculating burden, we submitted within 60 calendar days from Mishap Reporting. estimate a given contractor may submit the date of this publication. OMB Number: 2700–0160. two mishaps notifications in a year and that this will take each notification ADDRESSES: All comments should be Type of review: Renewal. approximately 4 hours to collect the addressed to Gatrie Johnson, National NSF clause 1852.223–70, Safety and Aeronautics and Space Administration, information needed, review it, and health measures and mishap reporting. provide it to the contracting officer. 300 E Street SW, Washington, DC Under this clause, NASA contractors are 20546–0001. Generally, the contractor’s supervisory to immediately notify the contracting personnel would collect the FOR FURTHER INFORMATION CONTACT: officer when a mishap (Type A, B, C, D Requests for additional information or information. It is likely the firm’s safety or Close Call) occurs. The data the manager or equivalent position would copies of the information collection contractors provide to NASA includes instrument(s) and instructions should review the information before incident location, date and time of submitting it to the contracting officer. be directed to Gatrie Johnson, NASA incident, number of fatalities if known, NASA estimates that it will take a Clearance Officer, NASA Headquarters, number of hospitalized employees if contractor approximately 5 hours to 300 E Street SW, JF0000, Washington, known, type of injury if known, type of prepare and deliver the quarterly report. DC 20546 or email Gatrie.Johnson@ damage if known, contact person, NASA.gov. contact person phone, number, and brief A. Annual Information Collection SUPPLEMENTARY INFORMATION: description of the incident. Reporting Burden

1852.223–70—SAFETY AND HEALTH MEASURES AND MISHAP REPORTING

Responses Reporting requirement Respondents per Total Hours per Hours respondent responses response estimated

1. Notification of a Type A, B, C, or D Mishap, or close call ...... 154 2 308 4 1,232 2. Quarterly reports specifying lost-time frequency rate, number of lost-time injuries, exposure, and accident/inci- dent dollar losses ...... 154 4 616 5 3,080

Total ...... 6 924 *5 4,312 * This is an average for the total number of hours (4,313) divided by the total number of responses (924) resulting in 4.67 total hours per re- sponses, rounded up to the nearest whole number or 5.

For notifying the contracting officer of before it is submitted to the hours. This includes an Occupational a mishap, it is estimated a company Government. Health and Safety Specialist gathering supervisor would collect the For calculating the quarterly reports, the records, analyzing the data, and a information, then the company specifying lost-time frequency rate, company official reviewing the data Occupational Health and Safety number of lost-time injuries, exposure, before the report is submitted to the Specialist would review the information and accident/incident dollar losses, it is Government. estimated to take approximately 5

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Mishap notification/year Quarterly report/year Labor category Time Hourly Total Time Hourly Total (hours) rate cost (hours) rate cost

Occupational Health and Safety Spe- cialist ...... 7 $45.49 $318.43 18 $45.49 $818.82 Manager ...... 1 63.03 63.03 2 63.03 126.06

Total ...... 8 ...... 381.46 20 ...... 944.88

Generally, two labor categories will be Estimated Summary of Annual Total a total of 6 responses annually per involved in the requirements of this Cost to the Public of Information respondent. Based on these figures, the information collection: Occupational Collection Reporting Burden: combine total number of responses per Health and Safety Specialist and a Number of respondents: 154. year for all respondents will be 308 company supervisor or manager. The Responses per respondent: 6. mishap reports and 616 quarterly Occupational Health and Safety Total annual responses: 924. reports for a total of 924 total responses Specialist is estimated to be equivalent Average number of hours per for all respondents. It is estimated to to the mid-point (step 5) of the General response: 4.67. take a respondent approximately 4 Schedule (GS) GS–12 with an hourly Total hours: 4,312. hours to gather the required information Rate per hour (average): $54. rate of $33.39 (from the 2015 OPM GS and notify the contracting officer of a Salary Table). The manager/supervisor Total annual cost to public: $232,848. Type A, B, C, or D Mishap or Close Call. is estimated to be equivalent to the mid- It is estimated that approximately 154 point for a GS–14 at an hourly rate of respondents will provide a total of 308 It is estimated to take respondents $46.92. For both labor categories, the notifications of Type A, B, C, or D approximately 5 hours to prepare and overhead/burden rate of 36.25%, based Mishap, or Close Call notifications submit each quarterly report specifying on the OMB-mandated burden rate for (approximately 2 notifications per lost- time frequency rate, number of A–76 public-private competitions, is respondent per year). Additionally, each lost-time injuries, exposure, and added (e.g., GS 12, Step 5 $33.39/hour of 154 respondents will submit one accident/incident dollar losses. × 1.3625 = $45.49 burdened hourly rate. quarterly report four times a year. Thus, B. Estimated Annual Information For a manager/supervisor at a rate of responses from respondents are Collection Reporting Cost to the $46.92, the burdened hourly rate is estimated to include 2 mishap Government $63.03. notifications and 4 quarterly reports for

Hours per Government Clause requirement Responses response hours $/Hour Government $

Mishap Notification ...... 308 1 308 $45.49 $14,011 Quarterly Report Total annual Government cost ...... 616 2 1,232 $45.49 $56,044 * The Government used a rate equivalent to a GS–12.

Total Estimated Summary of the IV. Request for Comments They will also become a matter of Annual Cost to the Government for public record. Information Collection Reporting and Comments are invited on: (1) Whether Gatrie Johnson, Recordkeeping Burdens: the proposed collection of information is necessary for the proper performance NASA PRA Clearance Officer. Total hours: 1,540. of the functions of NASA, including [FR Doc. 2018–23783 Filed 10–30–18; 8:45 am] Total annual Government cost: whether the information collected has BILLING CODE 7510–13–P $70,054.60. practical utility; (2) the accuracy of * The Government used a rate NASA’s estimate of the burden equivalent to a GS–12. (including hours and cost) of the NATIONAL ARCHIVES AND RECORDS Total Estimated Summary of the proposed collection of information; (3) ADMINISTRATION Annual Cost to the Government for ways to enhance the quality, utility, and [NARA–2019–002] Information Collection Reporting and clarity of the information to be Recordkeeping Burdens: collected; and (4) ways to minimize the Records Schedules; Availability and Total hours: 1,540. burden of the collection of information Request for Comments on respondents, including automated Total annual Government cost: AGENCY: National Archives and Records $70,054.60. collection techniques or the use of other forms of information technology. Administration (NARA). The estimates assume that not all ACTION: Notice of availability of Comments submitted in response to efforts, such as retrieving and retaining proposed records schedules; request for this notice will be summarized and records, are attributed solely to this comments. information collection; only those included in the request for OMB actions resulting from this rule that are approval of this information collection. SUMMARY: The National Archives and not customary to normal business Records Administration (NARA) practices are attributed to this estimate. publishes notice at least once monthly

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of certain Federal agency requests for proposing records retention periods and correspondence, internal policies, and records disposition authority (records submit these schedules for NARA’s administrative studies related to schedules). Once approved by NARA, approval. These schedules provide for wildland fire management program records schedules provide mandatory timely transfer into the National administration. instructions on what happens to records Archives of historically valuable records 2. Department of Agriculture, Forest when agencies no longer need them for and authorize the agency to dispose of Service (DAA–0095–2018–0018, 1 item, current Government business. The all other records after the agency no 1 temporary item). Wildfire prevention records schedules authorize agencies to longer needs them to conduct its plans, policies, procedures, preserve records of continuing value in business. Some schedules are correspondence, and records the National Archives of the United comprehensive and cover all the records documenting cost-efficient reduction of States and to destroy, after a specified of an agency or one of its major fire suppression expenditures. period, records lacking administrative, subdivisions. Most schedules, however, cover records of only one office or 3. Department of Agriculture, Forest legal, research, or other value. NARA Service (DAA–0095–2018–0021, 2 publishes notice in the Federal Register program or a few series of records. Many of these update previously approved items, 2 temporary items). Fire for records schedules in which agencies organization records, general propose to destroy records they no schedules, and some include records proposed as permanent. correspondence, reports, plans, longer need to conduct agency business. administrative policies, and procedures NARA invites public comments on such The schedules listed in this notice are media neutral unless otherwise related to the wildland fire suppression records schedules. and fire management programs. DATES: NARA must receive requests for specified. An item in a schedule is 4. Department of Agriculture, Forest copies in writing by November 30, 2018. media neutral when an agency may Service (DAA–0095–2018–0046, 1 item, Once NARA finishes appraising the apply the disposition instructions to 1 temporary item). Cost analysis and records, we will send you a copy of the records regardless of the medium in backup working papers related to timber schedule you requested. We usually which it creates or maintains the accounting. prepare appraisal memoranda that records. Items included in schedules submitted to NARA on or after contain additional information 5. Department of Agriculture, Forest December 17, 2007, are media neutral concerning the records covered by a Service (DAA–0095–2018–0050, 1 item, unless the item is expressly limited to proposed schedule. You may also 1 temporary item). General procedures, a specific medium. (See 36 CFR request these. If you do, we will also mitigation reports, personnel tracking, 1225.12(e).) provide them once we have completed and promotional records related to Agencies may not destroy Federal safety and occupational health. the appraisal. You have 30 days after we records without Archivist of the United send to you these requested documents States’ approval. The Archivist approves 6. Department of Agriculture, Forest in which to submit comments. destruction only after thoroughly Service (DAA–0095–2018–0052, 2 ADDRESSES: You may request a copy of considering the records’ administrative items, 2 temporary items). General any records schedule identified in this use by the agency of origin, the rights correspondence, preparation, notice by contacting Records Appraisal of the Government and of private people improvement, and production survey and Agency Assistance (ACRA) using directly affected by the Government’s and report records relating to one of the following means: activities, and whether or not the silvicultural practices. Mail: NARA (ACRA), 8601 Adelphi records have historical or other value. 7. Department of Agriculture, Forest Road, College Park, MD 20740–6001. In addition to identifying the Federal Service (DAA–0095–2018–0053, 1 item, Email: [email protected]. agencies and any subdivisions 1 temporary item). General Fax: 301–837–3698. requesting disposition authority, this correspondence related to radioactive You must cite the control number, notice lists the organizational unit(s) material use permits and safety which appears in parentheses after the accumulating the records (or notes that procedures. name of the agency that submitted the the schedule has agency-wide schedule, and a mailing address. If you 8. Department of Agriculture, Forest applicability when schedules cover Service (DAA–0095–2018–0055, 1 item, would like an appraisal report, please records that may be accumulated include that in your request. 1 temporary item). General throughout an agency); provides the correspondence, data analysis and FOR FURTHER INFORMATION CONTACT: control number assigned to each reports, and standards of operation Margaret Hawkins, Director, by mail at schedule, the total number of schedule related to water resource management. Records Appraisal and Agency items, and the number of temporary 9. Department of Homeland Security, Assistance (ACRA), National Archives items (the records proposed for and Records Administration, 8601 Transportation Security Administration destruction); and includes a brief (DAA–0560–2018–0015, 1 item, 1 Adelphi Road, College Park, MD 20740– description of the temporary records. 6001, by phone at 301–837–1799, or by temporary item). Records related to the The records schedule itself contains a voluntary reassignment of employees. email at [email protected]. full description of the records at the file SUPPLEMENTARY INFORMATION: NARA unit level as well as their disposition. If 10. Bureau of Consumer Financial publishes notice in the Federal Register NARA staff has prepared an appraisal Protection, Office of the Chief for records schedules they no longer memorandum for the schedule, it also Information Officer (DAA–0587–2018– need to conduct agency business. NARA includes information about the records. 0001, 1 item, 1 temporary item). Public invites public comments on such You may request additional information website content duplicative of original records schedules, as required by 44 about the disposition process at the information maintained by program U.S.C. 3303a(a). addresses above. offices. Each year, Federal agencies create 11. National Archives and Records billions of records on paper, film, Schedules Pending Administration, Research Services (N2– magnetic tape, and other media. To 1. Department of Agriculture, Forest 169–18–1, 1 item, 1 temporary item). control this accumulation, agency Service (DAA–0095–2018–0017, 1 item, Oscar S. Cox personal and official files. records managers prepare schedules 1 temporary item). General Records will be disposed of by donation

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to the Franklin Delano Roosevelt technology; and (d) ways to minimize including Committees of Visitors Presidential Library. the burden of the collection of (COVs), the NSF’s Office of the information on those who are to Inspector General, and as a basis for Laurence Brewer, respond, including through the use of either internal or third-party evaluations Chief Records Officer for the U.S. appropriate automated collection of individual programs. Government. techniques or other forms of information The collections will generally include [FR Doc. 2018–23760 Filed 10–30–18; 8:45 am] technology. three categories of descriptive data: (1) BILLING CODE 7515–01–P Title of Collection: Education and Staff and project participants (data that Human Resources Program Monitoring are also necessary to determine Clearance. individual-level treatment and control NATIONAL SCIENCE FOUNDATION OMB Approval Number: 3145–0226. groups for future third-party study or for Expiration Date of Approval: April 30, Agency Information Collection internal evaluation); (2) project 2019. Activities: Comment Request; implementation characteristics (also Type of Request: Intent to seek Education and Human Resources necessary for future use to identify well- Program Monitoring Clearance renewal of an information collection. matched comparison groups); and (3) Abstract: The National Science project outputs (necessary to measure AGENCY: National Science Foundation. Foundation (NSF) requests re-clearance baseline for pre- and post- NSF-funding- ACTION: Notice. of program accountability data level impacts). collections that describe and track the Use of the Information: This SUMMARY: The National Science impact of NSF funding that focuses on Foundation (NSF) is announcing plans information is required for effective the Nation’s science, technology, administration, communication, to renew this collection. In accordance engineering, and mathematics (STEM) with the requirements of the Paperwork program and project monitoring and education and STEM workforce. NSF evaluation, and for measuring Reduction Act of 1995, we are providing funds grants, contracts, and cooperative opportunity for public comment on this attainment of NSF’s program, project, agreements to colleges, universities, and and strategic goals, and as identified by action. After obtaining and considering other eligible institutions, and provides public comment, NSF will prepare the the President’s Accountability in graduate research fellowships to Government Initiative; GPRA, and the submission requesting Office of individuals in all parts of the United Management and Budget (OMB) NSF’s Strategic Plan. The Foundation’s States and internationally. FY 2014–2018 Strategic Plan may be clearance of this collection for no longer The Directorate for Education and than 3 years. found at: http://www.nsf.gov/pubs/ Human Resources (EHR), a unit within 2014/nsf14043/nsf14043.pdf. DATES: Written comments on this notice NSF, promotes rigor and vitality within Since this collection will primarily be must be received by December 31, 2018 the Nation’s STEM education enterprise used for accountability and evaluation to be assured consideration. Comments to further the development of the 21st purposes, including responding to received after that date will be century’s STEM workforce and public queries from COVs and other scientific considered to the extent practicable. scientific literacy. EHR does this experts, a census rather than sampling Send comments to address below. through diverse projects and programs design typically is necessary. At the FOR FURTHER INFORMATION CONTACT: that support research, extension, individual project level funding can be Suzanne H. Plimpton, Reports Clearance outreach, and hands-on activities that adjusted based on individual project’s Officer, National Science Foundation, service STEM learning and research at responses to some of the surveys. Some 2415 Eisenhower Avenue, Suite all institutional (e.g., pre-school through data collected under this collection will W18253, Alexandria, Virginia 22314; postdoctoral) levels in formal and serve as baseline data for separate telephone (703) 292–7556; or send email informal settings; and individuals of all research and evaluation studies. to [email protected]. Individuals who ages (birth and beyond). EHR also use a telecommunications device for the focuses on broadening participation in NSF-funded contract or grantee deaf (TDD) may call the Federal STEM learning and careers among researchers and internal or external Information Relay Service (FIRS) at 1– United States citizens, permanent evaluators in part may identify control, 800–877–8339, which is accessible 24 residents, and nationals, particularly comparison, or treatment groups for hours a day, 7 days a week, 365 days a those individuals traditionally NSF’s E&T portfolio using some of the year (including Federal holidays). underemployed in the STEM research descriptive data gathered through this collection to conduct well-designed, SUPPLEMENTARY INFORMATION: workforce, including but not limited to Comments: Comments are invited on women, persons with disabilities, and rigorous research and portfolio (a) whether the proposed collection of racial and ethnic minorities. evaluation studies. information is necessary for the proper The scope of this information Respondents: Individuals or performance of the functions of the collection request will primarily cover households, not-for-profit institutions, NCSES, including whether the descriptive information gathered from business or other for profit, and Federal, information will have practical utility; education and training (E&T) projects State, local or tribal government. (b) the accuracy of the NCSES’s estimate that are funded by NSF. NSF will Number of Respondents: 2,160. of the burden of the proposed collection primarily use the data from this Burden on the Public: NSF estimates of information; (c) ways to enhance the collection for program planning, that a total reporting and recordkeeping quality, utility, and clarity of the management, and audit purposes to burden of 39,802 hours will result from information to be collected, including respond to queries from the Congress, activities to monitor EHR STEM through the use of automated collection the public, NSF’s external merit education programs. The calculation is techniques or other forms of information reviewers who serve as advisors, shown in table 1.

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TABLE 1—ANTICIPATED PROGRAMS THAT WILL COLLECT DATA ON PROJECT PROGRESS AND OUTCOMES ALONG WITH THE NUMBER OF RESPONDENTS AND BURDEN HOURS PER COLLECTION PER YEAR

Number of Number of Annual hour Collection title respondents responses burden

Centers of Research Excellence in Science and Technology (CREST) and Historically Black Colleges and Universities Research Infrastructure for Science and Engineering (HBCU– RISE) Monitoring System ...... 30 30 1,650 Integrative Graduate Education and Research Traineeship Program (IGERT) Monitoring Sys- tem ...... 35 35 1,890 Louis Stokes Alliances for Minority Participation (LSAMP) Monitoring System ...... 602 602 13,846 Louis Stokes Alliances for Minority Participation Bridge to the Doctorate (LSAMP–BD) Moni- toring System ...... 56 56 2,128 Robert Noyce Teacher Scholarship Program (Noyce) Monitoring System ...... 460 460 6,440 Scholarships in Science, Technology, Engineering, and Mathematics (S–STEM) Monitoring System ...... 700 1,750 4,200 Science, Technology, Engineering, and Mathematics Talent Expansion Program (STEP) Monitoring System ...... 277 277 6,648

Total ...... 2,160 3,210 39,802

Dated: October 26, 2018. intervene must be filed by November 30, Docket ID from ‘‘NRC–2012–7946’’ to Suzanne H. Plimpton, 2018. The correction is effective October ‘‘NRC–2018–0245.’’ Reports Clearance Officer, National Science 31, 2018. Dated at Rockville, Maryland, this 25th day Foundation. ADDRESSES: You may submit comments of October 2018. [FR Doc. 2018–23784 Filed 10–30–18; 8:45 am] by any of the following methods: For the Nuclear Regulatory Commission. • BILLING CODE 7555–01–P Federal Rulemaking website: Go to Cindy K. Bladey, http://www.regulations.gov and search Federal Register Liaison Officer, Division of for Docket ID NRC–2018–0245. Address Rulemaking, Office of Nuclear Material Safety NUCLEAR REGULATORY questions about Docket IDs in and Safeguards. COMMISSION Regulations.gov to Jennifer Borges; [FR Doc. 2018–23828 Filed 10–30–18; 8:45 am] telephone: 301–287–9127; email: BILLING CODE 7590–01–P [License No. XW019; Docket No. 11005986; [email protected]. For technical NRC–2018–0245] questions, contact the individual listed Perma-Fix Northwest Richland, Inc.; in the FOR FURTHER INFORMATION NUCLEAR REGULATORY Correction CONTACT section of this document. COMMISSION • Email comments to: AGENCY: Nuclear Regulatory [email protected]. If you do not [Docket No. 40–3392; NRC–2017–0143] Commission. receive an automatic email reply Honeywell, International, Inc.; ACTION: confirming receipt, then contact us at Export license application; Metropolis Works Uranium Conversion 301–415–1677. opportunity to comment, request a Facility hearing, and petition for leave to • Fax comments to: Secretary, U.S. intervene; extension of comment period Nuclear Regulatory Commission at 301– AGENCY: Nuclear Regulatory and correction. 415–1101. Commission. • Mail comments to: Secretary, U.S. ACTION: Draft environmental assessment SUMMARY: The U.S. Nuclear Regulatory Nuclear Regulatory Commission, and draft finding of no significant Commission (NRC) is correcting a notice Washington, DC 20555–0001, ATTN: impact; request for comments. that was published in the Federal Rulemakings and Adjudications Staff. Register (FR) on October 24, 2018, • Hand deliver comments to: 11555 SUMMARY: The U.S. Nuclear Regulatory regarding the review of an export Rockville Pike, Rockville, Maryland Commission (NRC) is issuing for public license application (XW019), submitted 20852, between 7:30 a.m. and 4:15 p.m. comment a draft environmental by Perma-Fix Northwest Richland, Inc. (Eastern Time) Federal workdays; assessment (EA) and draft finding of no (PFNW). This action is necessary to telephone: 301–415–1677. significant impact (FONSI) for the correct the Regulations.gov Docket ID For additional direction on obtaining proposed renewal of NRC source provided to the public for obtaining information and submitting comments, materials license SUB–526 for information and submitting comments see ‘‘Obtaining Information and Honeywell, International, Inc.’s through the Federal rulemaking website. Submitting Comments’’ in the Metropolis Works uranium conversion In addition, the NRC is extending the SUPPLEMENTARY INFORMATION section of facility. The draft EA, ‘‘Draft period for commenting, requesting a this document. Environmental Assessment for the hearing, and petitioning for leave to FOR FURTHER INFORMATION CONTACT: Proposed Renewal of Source Materials intervene. Andrea R. Jones, Office of International License SUB–526, Metropolis Works DATES: The comment period and the Programs, telephone: 404–997–4443; Uranium Conversion Facility (Massac date to request a hearing, and petition email: [email protected], U.S. County, Illinois),’’ documents the NRC for leave to intervene in the document Nuclear Regulatory Commission, staff’s environmental review of the published on October 24, 2018 (83 FR Washington, DC 20555–0001. license renewal application. 53666) is extended. Comments must be SUPPLEMENTARY INFORMATION: In the FR DATES: Comments must be filed no later filed by November 30, 2018. Requests on October 24, 2018 (83 FR 53666), than November 30, 2018. Comments for a hearing or petition for leave to correct the Federal rulemaking website received after this date will be

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considered, if it is practical to do so, but • NRC’s PDR: You may examine and human environment and that a FONSI the Commission is able to ensure purchase copies of public documents at is therefore appropriate. consideration only for comments the NRC’s PDR, Room O1–F21, One By this notice, the NRC is requesting received on or before this date. White Flint North, 11555 Rockville public comment on the draft FONSI and ADDRESSES: You may submit comments Pike, Rockville, Maryland 20852. supporting draft EA. by any of the following methods: B. Submitting Comments III. Summary of Draft Environmental • Federal Rulemaking Website: Go to Assessment Please include Docket ID NRC–2017– http://www.regulations.gov and search The draft EA is publicly available in for Docket ID NRC–2017–0143. Address 0143 in your comment submission. The NRC cautions you not to include ADAMS using ADAMS Accession No. questions about Docket IDs in ML18283B378, or at this link: https:// Regulations.gov to Jennifer Borges; identifying or contact information that you do not want to be publicly www.nrc.gov/docs/ML1828/ telephone: 301–287–9127; email: ML18283B378.pdf. A summary [email protected]. For technical disclosed in your comment submission. The NRC will post all comment description of the proposed action and questions, contact the individual listed expected environmental impacts is FOR FURTHER INFORMATION submissions at http:// in the provided below. CONTACT section of this document. www.regulations.gov as well as enter the • Mail comments to: May Ma, Office comment submissions into ADAMS. Description of the Proposed Action of Administration, Mail Stop: TWFN–7– The NRC does not routinely edit The proposed Federal action is A60M, U.S. Nuclear Regulatory comment submissions to remove approval of Honeywell’s license renewal Commission, Washington, DC 20555– identifying or contact information. request, which if granted would allow 0001. If you are requesting or aggregating Honeywell to continue conversion of • Email comments to: Honeywell- comments from other persons for uranium ore concentrates, also known [email protected]. submission to the NRC, then you should as yellowcake, to uranium hexafluoride. For additional direction on obtaining inform those persons not to include The proposed action analyzed in the information and submitting comments, identifying or contact information that draft EA accounts for a renewed license see ‘‘Obtaining Information and they do not want to be publicly term of 40 years, which is the term Submitting Comments’’ in the disclosed in their comment submission. Honeywell has requested. The proposed SUPPLEMENTARY INFORMATION section of Your request should state that the NRC action and proposed license conditions, this document. does not routinely edit comment would allow Honeywell to continue to FOR FURTHER INFORMATION CONTACT: submissions to remove such information receive, possess, store, use, and ship Christine Pineda, Office of Nuclear before making the comment source material. Honeywell would Material Safety and Safeguards; submissions available to the public or continue the conversion of uranium ore telephone: 301–415–6789; email: entering the comment into ADAMS. concentrates to uranium hexafluoride at [email protected]; U.S. Nuclear II. Introduction an authorized capacity of 15,000 metric Regulatory Commission, Washington, tons (16,535 tons). Honeywell would DC 20555–0001. The NRC is considering a request for continue to ship the uranium the renewal of Honeywell International, SUPPLEMENTARY INFORMATION: hexafluoride product to enrichment Inc.’s (Honeywell’s) source materials facilities for processing into enriched I. Obtaining Information and license SUB–526, which authorizes uranium. Submitting Comments Honeywell to operate a uranium hexafluoride processing (or uranium Environmental Impacts of the Proposed A. Obtaining Information conversion) plant at the Metropolis Action Please refer to Docket NRC–2017– Works Facility, located near Metropolis, In the draft EA, the NRC staff assessed 0143 when contacting the NRC about in Massac County, Illinois. The facility the potential environmental impacts the availability of information for this was constructed in 1958, and uranium from the proposed license renewal action. You may obtain publicly hexafluoride was first produced for associated with the following resource available information related to this several years beginning in 1959 for the areas: Land use; geology and soils; water action by any of the following methods: U.S. Government. In 1968, the facility resources; ecological resources; cultural • Federal Rulemaking Website: Go to began producing uranium hexafluoride resources; air quality; socioeconomics; http://www.regulations.gov and search for commercial purposes. environmental justice; scenic and visual for Docket ID NRC–2017–0143. In accordance with the NRC’s resources; public and occupational • NRC’s Agencywide Documents regulations in part 51 of title 10 of the health; transportation; and waste Access and Management System Code of Federal Regulations (10 CFR), management. The NRC staff also (ADAMS): You may obtain publicly ‘‘Environmental Protection Regulations considered the cumulative impacts from available documents online in the for Domestic Licensing and Related past, present, and reasonably ADAMS Public Documents collection at Regulatory Functions,’’ that implement foreseeable future actions when http://www.nrc.gov/reading-rm/ the National Environmental Policy Act combined with the proposed action. adams.html. To begin the search, select of 1969, as amended (NEPA) (42 U.S.C. The NRC staff determined that ‘‘Begin Web-based ADAMS Search.’’ For 4321 et seq.), the NRC staff has prepared continued Honeywell operations would problems with ADAMS, please contact a draft EA documenting its not result in significant environmental the NRC’s Public Document Room (PDR) environmental review of the license impacts, as described in the EA. The reference staff at 1–800–397–4209, 301– renewal application (ADAMS Accession staff concluded that approval of the 415–4737, or by email to pdr.resource@ Nos. ML17048A243, ML17048A244, proposed action would not result in a nrc.gov. The ADAMS accession number and ML18029A119). Based on the significant increase in short-term or for each document referenced (if it is environmental review, the NRC has long-term radiological risk to public available in ADAMS) is provided the made a preliminary determination that health or the environment. Furthermore, first time that it is mentioned in this the proposed action will not the NRC staff found that the incremental document. significantly affect the quality of the impacts from the proposed action, when

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added to the impacts of other past, a Notice of Intent to prepare the EIS will OSHRC to publish in the Federal present, and reasonably foreseeable be published in the Federal Register. Register notice of any new or modified future actions, would not contribute Pursuant to 10 CFR 51.33(a), the NRC system of records. As detailed below, significantly to cumulative staff is making the draft FONSI and draft OSHRC is revising Office of the General environmental impacts. EA available for public review and Counsel Records, OSHRC–5, to comment. accurately reflect the authorities for Environmental Impacts of the maintaining this system and its Alternatives to the Proposed Action Dated at Rockville, Maryland, this 25th day of October 2018. categories of records; to revise storage, As one alternative to the proposed For the Nuclear Regulatory Commission. safeguarding, and retrieval methods action, the NRC staff considered denial based on changes in practices; and to Brian W. Smith, of Honeywell’s license renewal request incorporate references to applicable (i.e., the ‘‘no-action’’ alternative). Under Acting Director, Division of Fuel Cycle Safety, General Records Schedules for disposal Safeguards, and Environmental Review, the no-action alternative, Honeywell of records. In addition, OSHRC has would need to stop operations Office of Nuclear Material Safety and Safeguards. previously relied on blanket routine permanently and submit a [FR Doc. 2018–23781 Filed 10–30–18; 8:45 am] uses to describe the circumstances decommissioning plan. Under this under which records may be disclosed. alternative, Honeywell would need to BILLING CODE 7590–01–P Going forward, as revised notices are submit a decommissioning plan for NRC published for new and modified review and approval. This would entail systems of records, a full description of an environmental review to assess the OCCUPATIONAL SAFETY AND the routine uses—rather than a reference potential impacts associated with the HEALTH REVIEW COMMISSION to blanket routine uses—will be proposed decommissioning action. The included in each notice. This is simply NRC determined for this EA that the Privacy Act of 1974; System of Records a change in format that has not resulted potential environmental impacts of the in any substantive changes to the no-action alternative (prior to AGENCY: Occupational Safety and Health routine uses for this system of records. decommissioning) would not be Review Commission. The notice for OSHRC–5, provided significant. ACTION: Notice of a Modified System of below in its entirety, is as follows. As another alternative, the NRC Records. considered approval of Honeywell’s SYSTEM NAME AND NUMBER: renewal request, but for a duration of SUMMARY: In accordance with the Office of the General Counsel Records, less than 40 years (the ‘‘reduced Privacy Act of 1974, the Occupational OSHRC–5. duration alternative’’). Honeywell Safety and Health Review Commission SECURITY CLASSIFICATION: would continue operating for a period of (OSHRC) is revising the notice for less than 40 years, resulting in potential Privacy Act system-of-records OSHRC– None. impacts that would be similar to or less 5. SYSTEM LOCATION: than the impacts of the proposed action. DATES: Comments must be received by Office of the General Counsel, IV. Draft Finding of No Significant OSHRC on or before November 30, OSHRC, 1120 20th Street NW, Ninth Impact 2018. The revised system of records will Floor, Washington, DC 20036–3457. become effective on that date, without In accordance with NEPA and 10 CFR any further notice in the Federal SYSTEM MANAGER(S): part 51, the NRC staff has conducted an Register, unless comments or Office of the General Counsel, environmental review of Honeywell’s government approval procedures OSHRC, 1120 20th Street NW, Ninth request to renew NRC source materials necessitate otherwise. Floor, Washington, DC 20036–3457; license SUB–526 to allow Honeywell to (202) 606–5100. continue its uranium conversion ADDRESSES: You may submit comments by any of the following methods: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: operations. Based on its environmental • review of the proposed action, as Email: [email protected]. Include 5 U.S.C. 301; 5 U.S.C. 552; 29 U.S.C. documented in the draft EA, the NRC ‘‘PRIVACY ACT SYSTEM OF 661; 44 U.S.C. 3101. RECORDS’’ in the subject line of the staff preliminarily determined that PURPOSE(S) OF THE SYSTEM: granting the requested license renewal message. • Fax: (202) 606–5417. This system of records is maintained would not significantly affect the • Mail: One Lafayette Centre, 1120 to assist management in making quality of the human environment. 20th Street NW, Ninth Floor, decisions with respect to case Therefore, the NRC staff makes its Washington, DC 20036–3457. processing activities; to assist OSHRC preliminary determination, pursuant to • Hand Delivery/Courier: Same as attorneys in organizing their work 10 CFR 51.31, that the preparation of an mailing address. product; and to assist in other matters environmental impact statement (EIS) is Instructions: All submissions must assigned to the Office of the General not required for the proposed action and include your name, return address, and Counsel, such as processing FOIA a FONSI is appropriate. email address, if applicable. Please requests. The draft FONSI and supporting draft clearly label submissions as ‘‘PRIVACY EA are a preliminary analysis of the CATEGORIES OF INDIVIDUALS COVERED BY THE ACT SYSTEM OF RECORDS.’’ environmental impacts of the proposed SYSTEM: action and its alternatives. Based on FOR FURTHER INFORMATION CONTACT: Ron This system of records covers current comments received on the draft FONSI Bailey, Attorney-Advisor, Office of the and former OSHRC attorneys (including and draft EA, the staff may publish a General Counsel, via telephone at (202) supervising attorneys), Commission final FONSI and final EA, or instead 606–5410, or via email at rbailey@ members, and Administrative Law may find that preparation of an EIS is oshrc.gov. Judges (ALJs); Freedom of Information warranted should significant impacts SUPPLEMENTARY INFORMATION: The Act requesters; and parties in cases that resulting from the proposed action be Privacy Act of 1974, 5 U.S.C. 552a(e)(4), have been, or presently are, before identified. Should an EIS be warranted, requires federal agencies such as OSHRC.

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CATEGORIES OF RECORDS IN THE SYSTEM: has an interest in such litigation, and clearance process, as set forth in This system of records contains OSHRC determines that the use of such Circular No. A–19. documents—filings and other records by DOJ, or by a court or other (9) To a Member of Congress or to a materials—pertaining to cases before tribunal, or another party before such person on his or her staff acting on the OSHRC. These documents may include tribunal, is relevant and necessary to the Member’s behalf when a written request the following categories of records: (1) litigation. is made on behalf and at the behest of The names and locations (city and state) (2) To an appropriate agency, whether the individual who is the subject of the of the individuals representing each federal, state, local, or foreign, charged record. party; (2) the names of sole proprietors with investigating or prosecuting a (10) To the National Archives and cited by OSHA, as well as employees violation or enforcing or implementing Records Administration (NARA) for and other witnesses, and information a law, rule, regulation, or order, when records management inspections and describing those individuals, including a record, either on its face or in such other purposes conducted under job title and duties, medical history, and conjunction with other information, the authority of 44 U.S.C. 2904 and other descriptive information that is indicates a violation or potential 2906. relevant to the disposition of a case; (3) violation of law, which includes civil, (11) To appropriate agencies, entities, the names and job titles of the criminal or regulatory violations, and and persons when: (a) OSHRC suspects Commissioners and ALJs. This system such disclosure is proper and consistent or has confirmed that there has been a also contains other matters that have with the official duties of the person breach of the system of records; (b) been assigned to the Office of the making the disclosure. OSHRC has determined that as a result of the suspected or confirmed breach General Counsel for processing, such as (3) To a federal, state, or local agency there is a risk of harm to individuals, FOIA requests, which include the maintaining civil, criminal or other OSHRC, the Federal Government, or names of FOIA requesters, contact relevant enforcement information, such national security; and (c) the disclosure information, and information as current licenses, if necessary to made to such agencies, entities, and concerning the requests. Finally, this obtain information relevant to an persons is reasonably necessary to assist system includes documents necessary OSHRC decision concerning the hiring, in connection with OSHRC’s efforts to for managerial oversite, such as charts appointment, or retention of an employee; the issuance, renewal, respond to the suspected or confirmed relating to workflow and teleworking. suspension, or revocation of a security breach or to prevent, minimize, or These documents may include the clearance; the execution of a security or remedy such harm. names of OSHRC employees and the suitability investigation; the letting of a (12) To NARA, Office of Government cases assigned to them, as well as the contract; or the issuance of a license, Information Services (OGIS), to the employees’ contact information. grant or other benefit. extent necessary to fulfill its RECORD SOURCE CATEGORIES: (4) To a federal, state, or local agency, responsibilities in 5 U.S.C. 552(h), to Information in this system is derived in response to that agency’s request for review administrative agency policies, from the individual to whom it applies a record, and only to the extent that the procedures and compliance with FOIA, or is derived from case processing information is relevant and necessary to and to facilitate OGIS’ offering of records maintained by the Office of the the requesting agency’s decision in the mediation services to resolve disputes Executive Secretary and the Office of matter, if the record is sought in between persons making FOIA requests the General Counsel. connection with the hiring, and administrative agencies. appointment, or retention of an (13) To another federal agency or ROUTINE USES OF RECORDS MAINTAINED IN THE employee; the issuance, renewal, federal entity, when OSHRC determines SYSTEM, INCLUDING CATEGORIES OF USERS AND suspension, or revocation of a security that information from this system of PURPOSES OF SUCH USES: clearance; the execution of a security or records is reasonably necessary to assist In addition to disclosures generally suitability investigation; the letting of a the recipient agency or entity in (a) permitted under 5 U.S.C. 552a(b), all or contract; or the issuance of a license, responding to a suspected or confirmed a portion of the records or information grant or other benefit by the requesting breach or (b) preventing, minimizing, or contained in this system of records may agency. remedying the risk of harm to be disclosed as a routine use pursuant (5) To an authorized appeal grievance individuals, the recipient agency or to 5 U.S.C. 552a(b)(3) under the examiner, formal complaints manager, entity (including its information circumstances or for the purposes equal employment opportunity systems, programs, and operations), the described below, to the extent such investigator, arbitrator, or other duly Federal Government, or national disclosures are compatible with the authorized official engaged in security, resulting from a suspected or purposes for which the information was investigation or settlement of a confirmed breach. collected: grievance, complaint, or appeal filed by POLICIES AND PRACTICES FOR STORAGE OF (1) To the Department of Justice (DOJ), an employee, only to the extent that the RECORDS: or to a court or adjudicative body before information is relevant and necessary to Records are stored on paper in offices which OSHRC is authorized to appear, the case or matter. and file cabinets at OSHRC’s National when any of the following entities or (6) To OPM in accordance with the Office in Washington, DC, and individuals—(a) OSHRC, or any of its agency’s responsibilities for evaluation electronically on an access-restricted components; (b) any employee of and oversight of federal personnel shared OSHRC drive. OSHRC in his or her official capacity; management. (c) any employee of OSHRC in his or her (7) To officers and employees of a POLICIES AND PRACTICES FOR RETRIEVAL OF individual capacity where DOJ (or federal agency for the purpose of RECORDS: OSHRC where it is authorized to do so) conducting an audit, but only to the Records may be retrieved manually or has agreed to represent the employee; or extent that the record is relevant and electronically by case name, docket (d) the United States, where OSHRC necessary to this purpose. number, name of OSHRC attorney or determines that litigation is likely to (8) To OMB in connection with the supervising attorney, or by the names of affect OSHRC or any of its review of private relief legislation at any other individuals, such as FOIA components—is a party to litigation or stage of the legislative coordination and requesters.

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POLICIES AND PRACTICES FOR RETENTION AND SECURITIES AND EXCHANGE Schedule of Fees to exclude Non- DISPOSAL OF RECORDS: COMMISSION Nasdaq ISE Market Makers 3 from the Crossing Fee Cap in Section IV.H. Paper and electronic records are [Release No. 34–84487; File No. SR–ISE– maintained in accordance with General 2018–87] By way of background, Crossing Records Schedules 4.2 and 5.1, or for as Orders are contracts that are submitted long as needed for business use. Self–Regulatory Organizations; as part of a Facilitation, Solicitation, Nasdaq ISE, LLC; Notice of Filing and Price Improvement Mechanism (‘‘PIM’’), ADMINISTRATIVE, TECHNICAL, AND PHYSICAL Immediate Effectiveness of Proposed Block or QCC order. As set forth in SAFEGUARDS: Rule Change To Amend the Exchanges Section IV.H of the Schedule of Fees, Paper records are maintained in Schedule of Fees To Modify the the Exchange currently caps Crossing offices and file cabinets. During duty Crossing Fee Cap Order fees at $90,000 per month per hours, the records are under member on all Firm Proprietary and surveillance of personnel charged with October 25, 2018. Non-Nasdaq Market Maker transactions their custody. After duty hours, the Pursuant to Section 19(b)(1) of the that are part of the originating or contra offices are accessible only using an Securities Exchange Act of 1934 4 1 2 side of a Crossing Order. The following office key or access card. Access to (‘‘Act’’), and Rule 19b–4 thereunder, fees are not included in the calculation electronic records maintained on an notice is hereby given that on October of the monthly Crossing Fee cap: (1) OSHRC shared drive is restricted to 11, 2018, Nasdaq ISE, LLC (‘‘ISE’’ or Fees for Responses to Crossing Orders, ‘‘Exchange’’) filed with the Securities personnel who require access to perform (2) surcharge fees for licensed products and Exchange Commission their official functions. and the fees for index options as set (‘‘Commission’’) the proposed rule forth in Section III, and (3) service fee.5 RECORD ACCESS PROCEDURES: change as described in Items I, II, and For purposes of the Crossing Fee Cap III, below, which Items have been Individuals who wish to gain access the Exchange attributes eligible volume prepared by the Exchange. The to their records should notify: Privacy to the ISE Member on whose behalf the Commission is publishing this notice to Officer, OSHRC, 1120 20th Street NW, Crossing Order was executed.6 The solicit comments on the proposed rule Ninth Floor, Washington, DC 20036– Exchange now seeks to exclude Non- change from interested persons. 3457. For an explanation on how such Nasdaq ISE Market Maker transactions requests should be drafted, refer to 29 I. Self–Regulatory Organization’s from the Crossing Fee Cap, and make CFR 2400.6 (procedures for requesting Statement of the Terms of Substance of related changes to remove references to records). the Proposed Rule Change Non-Nasdaq ISE Market Maker contracts CONTESTING RECORD PROCEDURES: The Exchange proposes to amend the throughout its Schedule of Fees where the Crossing Fee Cap is described. Individuals who wish to contest their Exchange’s Schedule of Fees to modify records should notify: Privacy Officer, the Crossing Fee Cap, as described 2. Statutory Basis OSHRC, 1120 20th Street NW, Ninth further below. The text of the proposed rule change The Exchange believes that its Floor, Washington, DC 20036–3457. For is available on the Exchange’s website at proposal is consistent with Section 6(b) an explanation on the specific http://ise.cchwallstreet.com/, at the of the Act,7 in general, and furthers the procedures for contesting the contents principal office of the Exchange, and at objectives of Sections 6(b)(4) and 6(b)(5) of a record, refer to 29 CFR 2400.8 the Commission’s Public Reference of the Act,8 in particular, in that it (Procedures for requesting amendment), Room. and 29 CFR 2400.9 (Procedures for 3 A ‘‘Non-Nasdaq ISE Market Maker’’ is a market appealing). II. Self–Regulatory Organization’s maker as defined in Section 3(a)(38) of the Statement of the Purpose of, and Securities Exchange Act of 1934, as amended, NOTIFICATION PROCEDURES: Statutory Basis for, the Proposed Rule registered in the same options class on another Individuals interested in inquiring Change options exchange. about their records should notify: 4 Members that elect prior to the start of the In its filing with the Commission, the month to pay $65,000 per month will have these Privacy Officer, OSHRC, 1120 20th Exchange included statements crossing fees capped at that level instead. All Street NW, Ninth Floor, Washington, DC concerning the purpose of and basis for eligible volume from affiliated Members will be 20036–3457. For an explanation on how the proposed rule change and discussed aggregated for purposes of the Crossing Fee Cap, such requests should be drafted, refer to provided there is at least 75% common ownership any comments it received on the between the Members as reflected on each 29 CFR 2400.5 (notification), and 29 proposed rule change. The text of these Member’s Form BD, Schedule A. CFR 2400.6 (procedures for requesting statements may be examined at the 5 A service fee of $0.00 per side applies to all records). places specified in Item IV below. The order types that are eligible for the fee cap. The service fee does not apply once a Member reaches EXEMPTIONS PROMULGATED FOR THE SYSTEM: Exchange has prepared summaries, set the fee cap level and does apply to every contract forth in sections A, B, and C below, of side above the fee cap. A Member who does not None. the most significant aspects of such reach the monthly fee cap will not be charged the statements. service fee. Once the fee cap is reached, the service HISTORY: fee applies to eligible Firm Proprietary and Non- April 14, 2006, 71 FR 19556; August A. Self–Regulatory Organization’s Nasdaq ISE market Maker orders in all Nasdaq ISE products. The service fee is not calculated in 4, 2008, 73 FR 45256; October 5, 2015, Statement of the Purpose of, and reaching the cap. 80 FR 60182; and September 28, 2017, Statutory Basis for, the Proposed Rule 6 The Exchange’s fee cap is functionally similar to 82 FR 45324. Change the Clearing Trading Permit Holder Fee Cap in place at Cboe Exchange (‘‘CBOE’’), and the Monthly Dated: October 24, 2018. 1. Purpose Firm Fee Cap in place at Nasdaq PHLX (‘‘Phlx’’). Nadine N. Mancini, The purpose of the proposed rule See CBOE Fees Schedule, Equity Options Rate Table, Clearing Trading Permit Holder Fee Cap, General Counsel, Senior Agency Official for change is to amend the Exchange’s Privacy. footnote 11; and Phlx Pricing Schedule, Section II, Monthly Firm Fee Cap. [FR Doc. 2018–23729 Filed 10–30–18; 8:45 am] 1 15 U.S.C. 78s(b)(1). 7 15 U.S.C. 78f(b). BILLING CODE 7600–01–P 2 17 CFR 240.19b–4. 8 15 U.S.C. 78f(b)(4) and (5).

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provides for the equitable allocation of such, the Exchange believes there will fees to remain competitive with other reasonable dues, fees, and other charges be minimal impact on removing this fee exchanges and with alternative trading among members and issuers and other cap for Non-Nasdaq ISE Market Maker systems that have been exempted from persons using any facility, and is not orders. Moreover, the proposed variance compliance with the statutory standards designed to permit unfair between Firm Proprietary and Non- applicable to exchanges. Because discrimination between customers, Nasdaq ISE Market Maker participants competitors are free to modify their own issuers, brokers, or dealers. does not misalign pricing in that Firm fees in response, and because market The Crossing Fee Cap was established Proprietary orders already benefit from participants may readily adjust their to reward members for executing a high certain pricing advantages that Non- order routing practices, the Exchange volume of Firm Proprietary and Non- Nasdaq ISE Market Makers do not also believes that the degree to which fee Nasdaq ISE Market Maker Crossing enjoy, such as a PIM and Facilitation changes in this market may impose any Orders on the Exchange. However, the rebate as well as a lower complex order burden on competition is extremely Exchange has determined that this maker fee.10 Such differentiated pricing limited. For the reasons discussed program has not proven to be effective exists today on another options above, the Exchange believes that the in encouraging Non-Nasdaq ISE Market exchange.11 The Exchange believes proposed fee change reflects this Maker volume in Crossing Orders and there is nothing impermissible about competitive environment. therefore believes it is reasonable to ISE offering the Crossing Fee Cap solely eliminate the Crossing Fee Cap for these to Firm Proprietary transactions given C. Self-Regulatory Organization’s market participants. Furthermore, the that this practice is consistent with the Statement on Comments on the Exchange believes that it is reasonable above examples and the fee caps in Proposed Rule Change Received From to no longer apply the Crossing Fee Cap place at other options exchanges.12 Members, Participants, or Others to Non-Nasdaq ISE Market Maker Furthermore, to the extent the Crossing No written comments were either transactions because other options Fee Cap provides an incentive for Firm solicited or received. exchanges offer similar fee caps that Proprietary orders to transact order flow only apply to firm proprietary orders.9 on the Exchange, such order flow brings III. Date of Effectiveness of the The Exchange further believes that the increased liquidity to the benefit of all Proposed Rule Change and Timing for proposed fee change is equitable and market participants, including Non- Commission Action not unfairly discriminatory because it Nasdaq ISE Market Makers. The foregoing rule change has become would apply uniformly to all members effective pursuant to Section engaged in Firm Proprietary trading in B. Self-Regulatory Organization’s Statement on Burden on Competition 19(b)(3)(A)(ii) of the Act.14 At any time options classes traded on the Exchange. within 60 days of the filing of the The Exchange does not believe that The Exchange’s decision to no longer proposed rule change, the Commission apply the Crossing Fee Cap to Non- the proposed rule change will impose summarily may temporarily suspend Nasdaq ISE Market Maker orders is not any burden on competition not such rule change if it appears to the unfairly discriminatory because as necessary or appropriate in furtherance Commission that such action is: (i) noted above, the Exchange has of the purposes of the Act. Although the Necessary or appropriate in the public determined that this program has not Exchange is no longer including Non- interest; (ii) for the protection of proven to be effective in encouraging Nasdaq ISE Market Maker transactions investors; or (iii) otherwise in Non-Nasdaq ISE Market Maker volume in the Crossing Fee Cap, as described furtherance of the purposes of the Act. in Crossing Orders and as a matter of above, the Exchange notes that other If the Commission takes such action, the practice, members submitting Firm options exchanges offer similar fee caps Commission shall institute proceedings Proprietary orders are most likely to use that apply only to firm proprietary or pre-pay the Crossing Fee Cap. As orders and the Exchange therefore seeks to determine whether the proposed rule to modify its fee cap for competitive should be approved or disapproved. 9 See CBOE Fees Schedule, Equity Options Rate reasons.13 The Exchange notes that it IV. Solicitation of Comments Table, Clearing Trading Permit Holder Fee Cap, operates in a highly competitive market footnote 11 (providing in relevant part that the in which market participants can Interested persons are invited to ‘‘. . . Clearing Trading Permit Holder Fee Cap in all submit written data, views, and products except Underlying Symbol List A (34) readily favor competing venues if they excluding binary options (the ‘‘Fee Cap’’) and deem fee levels at a particular venue to arguments concerning the foregoing, Sector Indexes (47), the Cboe Options Proprietary be excessive, or rebate opportunities including whether the proposed rule Products Sliding Scale for Clearing Trading Permit available at other venues to be more change is consistent with the Act. Holder Proprietary Orders (the ‘‘Proprietary Comments may be submitted by any of Products Sliding Scale’’), the Clearing Trading favorable. In such an environment, the Permit Holder Proprietary VIX Sliding Scale (the Exchange must continually adjust its the following methods: ‘‘VIX Sliding Scale’’), and the Supplemental VIX Total Firm Discount (the Supplemental VIX Electronic Comments 10 See Schedule of Fees, Section IV.B. See Discount’’) apply to (i) Clearing Trading Permit Schedule of Fees, Section II (assessing Non-Nasdaq • Use the Commission’s internet Holder proprietary orders (‘‘F’’ origin code), and (ii) orders of Non-Trading Permit Holder Affiliates of a ISE Market Maker orders a complex order maker fee comment form (http://www.sec.gov/ Clearing Trading Permit Holder. A ‘‘Non-Trading of $0.20 per contract in Select Symbols, while Firm rules/sro.shtml); or Proprietary orders are assessed the lower $0.10 per Permit Holder Affiliate’’ for this purpose is a 100% • Send an email to rule-comments@ wholly owned affiliate or subsidiary of a Clearing contract maker fee). Trading Permit Holder that is registered as a United 11 CBOE assesses a reduced transaction fee to sec.gov. Please include File Number SR– States or foreign broker-dealer and that is not a Clearing Trading Permit Holder Proprietary ISE–2018–87 on the subject line. Cboe Options Trading Permit Holder. Only participants, which clear in the Firm range at The proprietary orders of the Non-Trading Permit Options Clearing Corporation, of $0.43 per contract Paper Comments Holder Affiliate that clear through a Cboe Options- for electronic Penny Classes and $0.70 per contract • registered OCC clearing number(s) will be included for electronic Non-Penny Classes. In contrast, CBOE Send paper comments in triplicate in calculating the Fee Cap, Proprietary Products assesses Non-Trading Permit Holder Market Makers to Secretary, Securities and Exchange Sliding Scale, VIX Sliding Scale, and Supplemental a $0.47 per contract fee for electronic Penny Classes Commission, 100 F Street NE, and a $0.75 per contract fee for electronic Non- VIX Discount.’’). In addition, Phlx’s Monthly Firm Washington, DC 20549–1090. Fee Cap is only offered to firm proprietary orders. Penny Classes. See CBOE Fees Schedule. See Phlx Pricing Schedule, Section II, Monthly 12 See note 9 above. Firm Fee Cap. 13 See note 9 above. 14 15 U.S.C. 78s(b)(3)(A)(ii).

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All submissions should refer to File ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 Shares.5 The Commission has Number SR–ISE–2018–87. This file notice is hereby given that, on October previously approved a proposed rule number should be included on the 12, 2018, NYSE Arca, Inc. (the change regarding certain changes that subject line if email is used. To help the ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with would result in the portfolio for the Commission process and review your the Securities and Exchange Fund not meeting all of the ‘‘generic’’ comments more efficiently, please use Commission (the ‘‘Commission’’) the listing requirements of Commentary .01 only one method. The Commission will proposed rule change as described in to NYSE Arca Rule 8.600–E applicable post all comments on the Commission’s Items I and II below, which Items have to the listing of Managed Fund Shares.6 internet website (http://www.sec.gov/ been prepared by the self-regulatory PGIM Investments LLC (the rules/sro.shtml). Copies of the organization. The Commission is ‘‘Adviser’’) is the investment adviser for submission, all subsequent publishing this notice to solicit the Fund. PGIM Fixed Income (the amendments, all written statements comments on the proposed rule change ‘‘Subadviser’’), a unit of PGIM, Inc., is with respect to the proposed rule from interested persons. the subadviser to the Fund. The Adviser change that are filed with the and the Subadviser are indirect wholly- I. Self-Regulatory Organization’s Commission, and all written owned subsidiaries of Prudential Statement of the Terms of Substance of communications relating to the Financial, Inc.7 the Proposed Rule Change proposed rule change between the As stated in the Prior Releases, the Commission and any person, other than The Exchange proposes certain Fund may invest in derivatives to (i) those that may be withheld from the changes regarding investments of the provide exposure to the ‘‘Principal public in accordance with the PGIM Ultra Short Bond ETF (the Investment Instruments’’ (as defined in provisions of 5 U.S.C. 552, will be ‘‘Fund’’), a series of PGIM ETF Trust the Prior Releases), and (ii) enhance available for website viewing and (the ‘‘Trust’’), and shares of which are returns, manage portfolio duration, or printing in the Commission’s Public currently listed and traded on the manage the risk of securities price Reference Room, 100 F Street NE, Exchange under NYSE Arca Rule 8.600– fluctuations. Derivatives that the Fund Washington, DC 20549, on official E (‘‘Managed Fund Shares’’). The may enter into include only: Over-the- business days between the hours of proposed change is available on the counter (‘‘OTC’’) deliverable and non- 10:00 a.m. and 3:00 p.m. Copies of the Exchange’s website at www.nyse.com, at deliverable foreign exchange forward filing also will be available for the principal office of the Exchange, and contracts; listed futures contracts on one inspection and copying at the principal at the Commission’s Public Reference Room. 5 A Managed Fund Share is a security that office of the Exchange. All comments represents an interest in an investment company received will be posted without change. II. Self-Regulatory Organization’s registered under the Investment Company Act of Persons submitting comments are Statement of the Purpose of, and 1940 (15 U.S.C. 80a-1) (the ‘‘1940 Act’’) organized cautioned that we do not redact or edit as an open-end investment company or similar Statutory Basis for, the Proposed Rule entity that invests in a portfolio of securities personal identifying information from Change selected by its investment adviser consistent with comment submissions. You should In its filing with the Commission, the its investment objectives and policies. In contrast, submit only information that you wish an open-end investment company that issues to make available publicly. All self-regulatory organization included Investment Company Units, listed and traded on statements concerning the purpose of, the Exchange under NYSE Arca Rule 5.2–E(j)(3), submissions should refer to File seeks to provide investment results that correspond Number SR–ISE–2018–87 and should be and basis for, the proposed rule change and discussed any comments it received generally to the price and yield performance of a submitted on or before November specific foreign or domestic stock index, fixed 21,2018. on the proposed rule change. The text income securities index or combination thereof. of those statements may be examined at 6 See Amendment No. 1 to SR–NYSEArca–2018– For the Commission, by the Division of the places specified in Item IV below. 15, available at https://www.sec.gov/comments/sr- Trading and Markets, pursuant to delegated nysearca-2018-15/nysearca201815-3510337- 15 The Exchange has prepared summaries, authority. set forth in sections A, B, and C below, 162292.pdf (‘‘Prior Amendment’’); Securities Eduardo A. Aleman, Exchange Act Release No. 83319 (May 24, 2018), 83 of the most significant parts of such FR 25097 (May 31, 2018) (SR–NYSEArca–2018–15), Assistant Secretary. statements. (Order Approving a Proposed Rule Change, as [FR Doc. 2018–23732 Filed 10–30–18; 8:45 am] Modified by Amendment No. 1 Thereto, to A. Self-Regulatory Organization’s Continue Listing and Trading Shares of the PGIM BILLING CODE 8011–01–P Statement of the Purpose of, and the Ultra Short Bond ETF Under NYSE Arca Rule Statutory Basis for, the Proposed Rule 8.600–E) (‘‘Approval Order’’ and, together with the Prior Amendment, the ‘‘Prior Releases’’). The Prior SECURITIES AND EXCHANGE Change Releases stated that the Fund’s portfolio would COMMISSION meet all requirements of Commentary .01 to NYSE 1. Purpose Arca Rule 8.600–E except for those set forth in The Exchange proposes certain Commentary .01(a)(1), Commentary .01(b)(4) and [Release No. 34–84486; File No. SR– changes, described below under Commentary .01(b)(5). NYSEArca–2018–75] 7 The Trust is registered under the 1940 Act. On ‘‘Application of Generic Listing March 26, 2018, the Trust filed with the Self-Regulatory Organizations; NYSE Requirements,’’ regarding investments Commission Pre-Effective Amendment No. 1 to the Arca, Inc.; Notice of Filing of Proposed of the Fund. The shares (‘‘Shares’’) of Trust’s registration statement on Form N–1A under the Fund are currently listed and traded the Securities Act of 1933 (15 U.S.C. 77a) Rule Change Regarding Certain (‘‘Securities Act’’), and under the 1940 Act relating Investments of the PGIM Ultra Short on the Exchange under Commentary .01 to the Fund (File Nos. 333–222469 and 811–23324) 4 Bond ETF to NYSE Arca Rule 8.600–E, which (‘‘Registration Statement’’). The Trust will file an provides generic criteria applicable to amendment to the Registration Statement as October 25, 2018. the listing and trading of Managed Fund necessary to conform to the representations in this filing. The description of the operation of the Trust Pursuant to Section 19(b)(1) 1 of the and the Fund herein is based, in part, on the 2 Securities Exchange Act of 1934 (the 15 U.S.C. 78a. Registration Statement. In addition, the 3 17 CFR 240.19b–4. Commission has issued an order granting certain 4 Shares of the Fund commenced trading on the exemptive relief to the Trust under the1940 Act. 15 17 CFR 200.30–3(a)(12). Exchange on April 10, 2018 pursuant to See Investment Company Act Release No. 31095 1 15 U.S.C.78s(b)(1). Commentary .01 to NYSE Arca Rule 8.600–E. (June 24, 2014) (File No. 812–14267).

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or more Principal Investment However, the proposed change The Adviser and Subadviser represent Instruments securities (including described in the preceding paragraph that deviations from the generic Treasury securities and foreign would not meet the requirements set requirements are necessary for the Fund government securities), indices relating forth in Commentary .01(e).9 to achieve its investment objective in a to one or more Principal Investment Specifically, the aggregate gross notional manner that is cost-effective and that Instruments, interest rates, financial value of the Fund’s investments in OTC maximizes investors’ returns because rates and currencies; listed or OTC derivatives may exceed 20% of Fund OTC derivatives generally provide the options (including puts or calls) or assets, calculated as the aggregate gross Fund with more flexibility to negotiate swaptions (i.e., options to enter into a notional value of such OTC derivatives. the exact exposure and duration that the swap) on one or more Principal The Adviser and Subadviser believe Fund requires, and minimize trading Investment Instruments, indices relating that it is important to provide the Fund costs because OTC derivatives are not to one or more Principal Investment with additional flexibility to manage subject to costs of rolling that are Instruments, interest rates, financial risk associated with its investments. associated with listed derivatives. rates, currencies and futures contracts Depending on market conditions, it may Further, the proposed alternative on one or more Principal Investment be critical that the Fund be able to requirements are narrowly tailored to Instruments; and listed or OTC swaps utilize available OTC derivatives for this allow the Fund to achieve its (including total return swaps) on purpose to attempt to reduce impact of investment objective in manner that is securities, indices relating to one or currency, interest rate, credit or consistent with the principles of Section more Principal Investment Instruments, duration fluctuations on Fund assets. 6(b)(5) of the Act. As a result, it is in the interest rates, financial rates, currencies OTC derivatives provide the Fund with public interest to approve listing and and debt and credit default swaps on additional flexibility as well as a more trading of Shares of the Fund on the single names, baskets and indices on precise means to effectively attempt to Exchange pursuant to the requirements one or more Principal Investment reduce currency, interest rate, credit or set forth herein. Instruments (both as protection seller duration fluctuations on Fund assets. Because the Fund, in furtherance of and as protection buyer).8 Generally, OTC derivatives can be its investment objective, may invest a Investments in derivative instruments customized to a greater degree than substantial percentage of its investments will be made in accordance with the exchange-traded derivatives and can in Principal Investment Instruments 1940 Act and consistent with the Fund’s provide a better hedge on Fund assets as with a maturity of one year or more, the investment objective and policies. well as allow for more control over the 20% limit in Commentary .01(e) to Rule 8.600 could result in the Fund being Application of Generic Listing duration of the hedge which can also unable to fully pursue its investment Requirements mitigate trading costs. Therefore, the Exchange believes it is appropriate to objective while attempting to The Exchange proposes that up to apply a limit of up to 50% of the Fund’s sufficiently mitigate investment risks. 50% of the Fund’s assets (calculated as assets to the Fund’s investments in OTC The inability of the Fund to adequately the aggregate gross notional value) may derivatives (calculated as the aggregate hedge its holdings would effectively be invested in OTC derivatives, gross notional value of such OTC limit the Fund’s ability to invest in including forwards, OTC options and derivatives), including forwards, certain instruments, or could expose the OTC swaps, that are used to reduce options and swaps, that are used for Fund to additional investment risk. For currency, interest rate, credit or hedging purposes, as described above.10 example, if the Fund’s assets (on a gross duration risk arising from the Fund’s notional value basis) were $100 million investments (that is, ‘‘hedge’’). The 9 Commentary .01(e) to NYSE Arca Rule 8.600–E and no listed derivative were suitable to Fund’s investments in OTC derivatives, provides that a portfolio may hold OTC derivatives, hedge the Fund’s risk, under the generic other than OTC derivatives used to including forwards, options and swaps on listing criteria, the Fund would be hedge the Fund’s portfolio against commodities, currencies and financial instruments (e.g., stocks, fixed income, interest rates, and limited to holding up to $20 million currency, interest rate, credit or volatility) or a basket or index of any of the gross notional value in OTC derivatives duration risk will be limited to 20% of foregoing; however, on both an initial and ($100 million * 20%). Accordingly, the the assets in the Fund’s portfolio, continuing basis, no more than 20% of the assets maximum amount the Fund would be calculated as the aggregate gross in the portfolio may be invested in OTC derivatives. For purposes of calculating this limitation, a able to invest in Principal Investment notional value of such OTC derivatives. portfolio’s investment in OTC derivatives will be Instruments with a maturity of one year The Exchange is submitting this calculated as the aggregate gross notional value of or more while remaining adequately proposed rule change because the the OTC derivatives. hedged would be $20 million. The Fund change described in the preceding 10 The Commission has previously approved an then would hold $60 million in assets paragraph would not conform to the exception from requirements set forth in Commentary .01(e) relating to investments in OTC that could not be hedged, other than Exchange’s representations regarding derivatives similar to those proposed with respect with listed derivatives, which, as noted the Fund’s portfolio in the Prior to the Fund in Securities Exchange Act Release No. above, might not be sufficiently tailored Amendment. In the Prior Amendment, 80657 (May 11, 2017), 82 FR 22702 (May 17, 2017) to the specific instruments to be hedged. the Exchange stated that, other than (SR–NYSEArca–2017–09) (Notice of Filing of Amendment No. 2 and Order Granting Accelerated In addition, by applying the 20% Commentary .01(a)(1), Commentary Approval of a Proposed Rule Change, as Modified limitation in Commentary .01(e) to Rule .01(b)(4) and Commentary .01(b)(5), the by Amendment No. 2, Regarding Investments of the 8.600, the Fund would be less able to Shares of the Fund will conform to the Janus Short Duration Income ETF Listed Under protect its holdings from more than one initial and continued listing criteria NYSE Arca Equities Rule 8.600). See also, Securities Exchange Act Release No. 84047 risk simultaneously. For example, if the under NYSE Arca Rule 8.600–E. (September 6, 2018), 83 FR 46200 (September 12, Fund’s assets (on a gross notional basis) 2018) (SR–NASDAQ–2017–128) (Notice of Filing of were $100 million and the Fund held 8 Because the markets for the Principal Amendment No. 3 and Order Granting Accelerated $20 million in Principal Investment Investment Instruments, or the Principal Investment Approval of a Proposed Rule Change, as Modified Instruments themselves, may be unavailable or cost by Amendment No. 3, to List and Trade Shares of Instruments with a maturity of one year prohibitive as compared to derivative instruments, the Western Asset Total Return ETF), in which the suitable derivative transactions may be an efficient Nasdaq Stock Market LLC proposed that there aggregate weight of all OTC Derivatives other than alternative for the Fund to obtain the desired asset would be no limit on the fund’s investments in Interest Rate and Currency Derivatives will not exposure to Principal Investment Instruments. Interest Rate and Currency Derivatives, and that the exceed 10% of the fund’s assets).

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or more with two types of risks (e.g., Fund’s investments using the most III. Date of Effectiveness of the duration and credit risk) which could efficient financial instruments. While Proposed Rule Change and Timing for not be hedged using listed derivatives, certain risks can be hedged via listed Commission Action the Fund would be faced with the derivatives, OTC derivatives (such as Within 45 days of the date of choice of either holding $20 million forwards, options and swaps) can be publication of this notice in the Federal aggregate gross notional value in OTC customized to hedge against precise Register or within such longer period derivatives to mitigate one of the risks risks. Accordingly, the Adviser and up to 90 days (i) as the Commission may while passing the other risk to its Subadviser believe that OTC derivatives designate if it finds such longer period shareholders, or, for example, holding may frequently be a more efficient to be appropriate and publishes its $10 million aggregate gross notional hedging vehicle than listed derivatives. reasons for so finding or (ii) as to which value in OTC derivatives on each of the Depending on market conditions, it may the self-regulatory organization risks while passing the remaining be critical that the Fund be able to consents, the Commission will: portion of each risk to the Fund’s utilize available OTC derivatives for this (A) By order approve or disapprove shareholders. purpose to attempt to reduce impact of The Exchange accordingly believes the proposed rule change, or currency, interest rate, credit or (B) institute proceedings to determine that it is appropriate and in the public duration fluctuations on Fund assets. interest to approve continued listing whether the proposed rule change Therefore, the Exchange believes that should be disapproved. and trading of Shares of the Fund on the increasing the percentage limit in Exchange notwithstanding that the Commentary .01(e), as described above, IV. Solicitation of Comments Fund would not meet the requirements to the Fund’s investments in OTC Interested persons are invited to of Commentary .01(e) to Rule 8.600–E. derivatives, including forwards, options submit written data, views, and The Exchange notes that, other than and swaps, that are used specifically for arguments concerning the foregoing, Commentary .01(e) and, as described in hedging purposes would help protect including whether the proposed rule the Prior Releases, with the exception of investors and the public interest. change is consistent with the Act. the requirements of Commentary .01(a)(1), Commentary .01(b)(4) and The proposed rule change is designed Comments may be submitted by any of Commentary .01(b)(5), the Shares of the to perfect the mechanism of a free and the following methods: Fund will conform to the initial and open market and, in general, to protect Electronic Comments continued listing criteria under NYSE investors and the public interest in that • Use the Commission’s internet Arca Rule 8.600–E. it will facilitate the continued listing The Adviser and Subadviser represent and trading of an actively-managed comment form (http://www.sec.gov/ rules/sro.shtml); or that the proposed change described exchange-traded product that, through • above is consistent with the Fund’s permitted use of an increased level of Send an email to rule-comments@ investment objective, and will further OTC derivatives above that currently sec.gov. Please include File Number SR– assist the Adviser and Subadviser to permitted by the generic listing NYSEArca–2018–75 on the subject line. achieve such investment objective. requirements of Commentary .01 to Paper Comments Except for the changes noted above, all NYSE Arca Rule 8.600–E, will enhance • Send paper comments in triplicate other representations made in the Prior competition among market participants, to Secretary, Securities and Exchange Releases remain unchanged. All terms to the benefit of investors and the Commission, 100 F Street NE, referenced but not defined in this marketplace. Washington, DC 20549–1090. proposed rule change are defined in the Prior Releases. B. Self-Regulatory Organization’s All submissions should refer to File Statement on Burden on Competition Number SR–NYSEArca–2018–75. This 2. Statutory Basis file number should be included on the The Exchange does not believe that The basis under the Act for this subject line if email is used. To help the the proposed rule change will impose proposed rule change is the requirement Commission process and review your any burden on competition that is not under Section 6(b)(5) of the Act that an comments more efficiently, please use necessary or appropriate in furtherance exchange have rules that are designed to only one method. The Commission will of the purpose of the Act. The Exchange prevent fraudulent and manipulative post all comments on the Commission’s notes that the proposed rule change will acts and practices, to promote just and internet website (http://www.sec.gov/ facilitate a change to the Fund’s equitable principles of trade, to remove rules/sro.shtml). Copies of the investments similar to investments of impediments to, and perfect the submission, all subsequent another actively managed ETF, shares of mechanism of a free and open market amendments, all written statements which have been approved for Exchange and, in general, to protect investors and with respect to the proposed rule listing and trading,11 that principally the public interest. change that are filed with the The Exchange believes that it is holds fixed income securities, and that Commission, and all written appropriate and in the public interest to will enhance competition among market communications relating to the allow the Fund, for hedging purposes participants, to the benefit of investors proposed rule change between the only, to exceed the 20% limit in and the marketplace. Commission and any person, other than Commentary .01(e) to Rule 8.600 of C. Self-Regulatory Organization’s those that may be withheld from the portfolio assets that may be invested in Statement on Comments on the public in accordance with the OTC derivatives to a maximum of 50% Proposed Rule Change Received From provisions of 5 U.S.C. 552, will be of Fund assets (calculated as the gross Members, Participants, or Others available for website viewing and notional value). As noted above, the printing in the Commission’s Public Adviser and Subadviser believe that it is No written comments were solicited Reference Room, 100 F Street NE, in the best interests of the Fund’s or received with respect to the proposed Washington, DC 20549, on official shareholders for the Fund to be allowed rule change. business days between the hours of to reduce the currency, interest rate, 10:00 a.m. and 3:00 p.m. Copies of the credit or duration risk arising from the 11 See note 10, supra. filing also will be available for

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inspection and copying at the principal website (http://www.cboe.com/ 7 Number of office of the Exchange. All comments AboutCBOE/ Sector Symbol components received will be posted without change. CBOELegalRegulatoryHome.aspx), at Persons submitting comments are the Exchange’s Office of the Secretary, Financial ...... IXM 68 cautioned that we do not redact or edit and at the Commission’s Public Energy ...... IXE 31 Technology ...... IXT 76 personal identifying information from Reference Room. Health Care ...... IXV 63 comment submissions. You should II. Self-Regulatory Organization’s Utilities ...... IXU 29 submit only information that you wish Statement of the Purpose of, and Consumer Staples IXR 32 to make available publicly. All Statutory Basis for, the Proposed Rule Industrials ...... IXI 70 submissions should refer to File Consumer Discre- IXY 80 Change Number SR–NYSEArca–2018–75, and tionary. should be submitted on or before In its filing with the Commission, the Materials ...... IXB 24 November 21, 2018. Exchange included statements Real Estate ...... IXRE 32 concerning the purpose of and basis for Communication IXC 26 For the Commission, by the Division of Services. Trading and Markets, pursuant to delegated the proposed rule change and discussed authority.12 any comments it received on the Initial and Maintenance Listing Criteria Eduardo A. Aleman, proposed rule change. The text of these Assistant Secretary. statements may be examined at the The S&P Communication Services [FR Doc. 2018–23730 Filed 10–30–18; 8:45 am] places specified in Item IV below. The Select Sector Index meets the definition Exchange has prepared summaries, set of a narrow-based index as set forth in BILLING CODE 8011–01–P forth in sections A, B, and C below, of Rule 24.1(i)(2) (an index designed to be the most significant aspects of such representative of a particular industry or SECURITIES AND EXCHANGE statements. a group of related industries and include indices having component COMMISSION A. Self-Regulatory Organization’s securities that are all headquartered Statement of the Purpose of, and [Release No. 34–84490; File No. SR–CBOE– with in a single country). Additionally, Statutory Basis for, the Proposed Rule 2018–067] the S&P Communication Services Select Change Self-Regulatory Organizations; Cboe Sector Index satisfies the initial listing Exchange, Inc.; Notice of Filing and 1. Purpose criteria of a narrow-based index, as set Immediate Effectiveness of a Proposed The Exchange is currently authorized forth in Rule 24.2(b): (1) Options will be A.M.-settled; Rule Change Relating to List and Trade to list for trading options on ten S&P (2) the index is capitalization- Options That Overlie the S&P Select Sector Indexes.5 The purpose of weighted, price-weighted, equal dollar- Communication Services Select Sector this proposed rule change is to amend weighted, or modified capitalization- Index certain rules to authorize the Exchange weighted, and consists of ten or more to list for trading options on a recently October 25, 2018. component securities (the S&P added eleventh S&P Select Sector Pursuant to Section 19(b)(1) of the Communication Services Select Sector Index—the S&P Communication Securities Exchange Act of 1934 (‘‘Act’’ Index is modified capitalization- Services Select Sector Index. Each S&P or ‘‘Exchange Act’’),1 and Rule 19b–4 weighted); Select Sector Index represents the thereunder,2 notice is hereby given that (3) each component security has a performance of companies that are on October 15, 2018, Cboe Exchange, market capitalization of at least $75 components of the Standard & Poor’s Inc. (‘‘Exchange’’ or ‘‘Cboe Options’’) million, except that for each of the 500 Index (‘‘S&P 500’’) within a specific filed with the Securities and Exchange lowest weighted component securities sector (each of which is referred to as an Commission (‘‘Commission’’) the in the index that in the aggregate ‘‘S&P Select Sector Index’’). Each proposed rule change as described in account for no more than 10% of the constituent of an S&P Select Sector Items I and II below, which Items have weight of the index, the market Index is a constituent of the S&P 500, been prepared by the Exchange. The capitalization is at least $50 million; and each S&P Select Sector Index is a Exchange filed the proposal as a ‘‘non- (4) trading volume of each component subindex of the S&P 500. S&P Dow controversial’’ proposed rule change security has been at least one million Jones Indices 6 assigns each constituent pursuant to Section 19(b)(3)(A)(iii) of shares for each of the last six months, to a S&P Select Sector Index(es) based the Act 3 and Rule 19b–4(f)(6) except that for each of the lowest on the constituent’s classification under thereunder.4 The Commission is weighted component securities in the a global industry classification standard. publishing this notice to solicit index that in the aggregate account for S&P Dow Jones Indices monitors and comments on the proposed rule change no more than 10% of the weight of the maintains each Select Sector Index and from interested persons. index, trading volume has been at least rebalances each S&P Select Sector Index 500,000 shares for each of the last six I. Self-Regulatory Organization’s quarterly. S&P Dow Jones Indices months; Statement of the Terms of Substance of recently added an eleventh sector. As a (5) in a capitalization-weighted index the Proposed Rule Change result, the following represents the or a modified capitalization-weighted The text of the proposed rule change current breakdown of the sectors and index, the lesser of the five highest is provided below in Exhibit 5. the components of each sector: weighted component securities in the The text of the proposed rule change index or the highest weighted is also available on the Exchange’s 5 See Rule 24.9(a); see also Securities Exchange component securities in the index that Act Release No. 34–81879 (October 16, 2017), 82 FR 48858 (October 20, 2017) (SR–CBOE–2017–065). in the aggregate represent at least 30% 12 17 CFR 200.30–3(a)(12). 6 S&P Dow Jones Indices is the reporting authority 1 15 U.S.C. 78s(b)(1). for the S&P Select Sector Indexes, including the 7 These symbols represent the index. The 2 17 CFR 240.19b–4. S&P Communication Services Select Sector Index. corresponding option symbols are SIXM, SIXE, 3 15 U.S.C. 78s(b)(3)(A)(iii). See proposed Rule 24.1, Interpretation and Policy SIXT, SIXV, SIXU, SIXR, SIXI, SIXY, SIXB, SIXRE, 4 17 CFR 240.19b–4(f)(6). .01. and SIXC respectively.

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of the total number of component must be at least 400,000 shares for each Exchange proposes to amend Rule securities in the index each have had an of the last six months; and 24.9(a)(4) to add the S&P average monthly trading volume of at (4) in a capitalization-weighted index Communication Services Select Sector least 2,000,000 shares over the past six or a modified capitalization-weighted Index options to the list of other A.M.- months; index, the lesser of the five highest settled options. Standard third-Friday (6) no single component security weighted component securities in the SPX options and the other S&P Select represents more than 25% of the weight index or the highest weighted Sector Index options are A.M.-settled. of the index, and the five highest component securities in the index that European-style exercise is consistent weighted component securities in the in the aggregate represent at least 30% with many index options, as set forth in index do not in the aggregate account of the total number of stocks in the Rule 24.9(a)(3). Standard third-Friday for more than 50% (60% for an index index each have had an average SPX options and the other S&P Select consisting of fewer than 25 component monthly trading volume of at least Sector Index options are A.M.-settled securities) of the weight of the index; 1,000,000 shares over the past six with European-style exercise. The (7) component securities that account months.8 Exchange proposes to amend Rule for at least 90% of the weight of the Expiration Months, Settlement, and 24.9(a)(3) to add the S&P index and at least 80% of the total Exercise Style Communication Services Select Sector number of component securities in the Index options to the list of other index satisfy the requirements of Rule Consistent with existing rules for European-style index options. Because 5.3 applicable to individual underlying certain index options, the Exchange will of the relation between the S&P securities; allow up to twelve near-term expiration Communication Services Select Sector (8) all component securities are months for the S&P Communication Index, the other S&P Select Sector ‘‘reported securities’’ as defined in Rule Services Select Sector Index options.9 Indexes, and the S&P 500, which will 11A a3–1 under the Exchange Act; The Exchange elects to have the ability likely result in market participants’ (9) non-U.S. component securities to list up to twelve near-term expiration investment and hedging strategies (stocks or ADRs) that are not subject to months, as that is the same amount the consisting of options over both, the comprehensive surveillance agreements Rules permit for options on the S&P 500 Exchange believes it is appropriate to do not in the aggregate represent more (‘‘SPX options’’) and the other S&P list the S&P Communication Services than 20% of the weight of the index; Select Sector Indexes. The S&P Select Select Sector Index options with the (10) the current underlying index Sector Indexes consist of the same same settlement and exercise style as value will be reported at least once components as the S&P 500, as the other S&P Select Sector Index every fifteen seconds during the time discussed above. Because of the relation options and SPX options. the index options are traded on the between the S&P Communication Exchange; Services Select Sector Index, the other Trading Hours (11) an equal dollar-weighted index S&P Select Sector Indexes, and the S&P The Exchange proposes to amend will be rebalanced at least once every 500, which will likely result in market Rule 24.6(b) to add the S&P calendar quarter; and participants’ investment and hedging Communication Services Select Sector (12) if an underlying index is strategies consisting of options over all, Index options to the list of index maintained by a broker-dealer, the index the Exchange believes it is appropriate options that may trade on the Exchange is calculated by a third party who is not to permit the same number of monthly from 8:30 a.m. until 3:00 p.m. Chicago a broker-dealer, and the broker-dealer expirations for the S&P Communication time.13 The Exchange understands that has erected a ‘‘Chinese Wall’’ around its Services Select Sector Index options as investors who plan to trade options on personnel who have access to SPX options and the other S&P Select the S&P Communication Services Select information concerning changes in and Sector Index options. Sector Index would often use the prices adjustments to the index. The S&P Communication Services of the stock components of the Index to The S&P Select Sector Index options Select Sector Index options will be price options rather than futures on the will be subject to the maintenance A.M., cash-settled contracts with Index (which are often used to price listing standards set forth in Rule European-style exercise.10 A.M.- index options, such as options on the 24.2(c): settlement is consistent with the generic S&P 500). Investors similarly use pricing (1) The conditions stated in (1), (3), listing criteria for industry-based of underlying stocks to price shares of (6), (7), (8), (9), (10), (11) and (12) above indexes 11 (as well as broad-based exchange-traded funds (‘‘ETFs’’) derived must continue to be satisfied, provided indexes 12), and thus it is common for from the S&P Communication Services that the conditions stated in (6) above index options to be A.M.-settled. The Select Sector Index (e.g., must be satisfied only as of the first day Communication Services Select Sector of January and July in each year; 8 As is the case with other index options SPDR ETF), the components of which (2) the total number of component authorized for listing and trading on Cboe Options, are stocks that are components of the securities in the index may not increase in the event the S&P Communication Services S&P Communication Services Select 1 Select Sector Index fails to satisfy the maintenance or decrease by more than 33 ⁄3% from listing standards, the Exchange will not open for Sector Index. The underlying stocks end the number of component securities in trading any additional series of options of that class regular trading at 3:00 p.m. Chicago the index at the time of its initial listing, unless such failure is determined by the Exchange time each day. Closing trading in the and in no event may be less than nine not to be significant and the Commission concurs in that determination, or unless the continued S&P Communication Services Select component securities; listing of that class of index options has been Sector Index options at the same time (3) trading volume of each component approved by the Securities and Exchange the stocks end regular trading 14 will security in the index must be at least Commission (the ‘‘Commission’’) under Section 500,000 shares for each of the last six 19(b)(2) of the Securities and Exchange Act (the 13 See proposed Rule 24.6(b)(lii). The proposed months, except that for each of the ‘‘Act’’). rule change also corrects a numbering error in other 9 See proposed Rule 24.9(a)(2). lowest weighted component securities subparagraphs of Rule 24.6(b). 10 See proposed Rule 24.9(a)(3)(cxxiv) and 14 While the stocks may continue to trade in an in the index that in the aggregate (4)(xcxix). aftermarket trading session on the listing exchanges, account for no more than 10% of the 11 See Rule 24.2(b)(1). there is less liquidity in aftermarket trading, which weight of the index, trading volume 12 See Rule 24.2(f)(2). Continued

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ensure investors have access to robust 2. Statutory Basis provide market participants’ with pricing of the underlying stock The Exchange believes the proposed additional investment and hedging components they use to price the rule change is consistent with the strategies consisting of options over options, thus reducing investors’ price Securities Exchange Act of 1934 (the each of these indexes. The Exchange risk. Various other index options, ‘‘Act’’) and the rules and regulations notes it is currently authorized to list including the other S&P Select Sector thereunder applicable to the Exchange options on ten S&P Select Sector Index options and other narrow-based and, in particular, the requirements of Indexes (subject to the same terms as index options, may trade from 8:30 a.m. Section 6(b) of the Act.17 Specifically, those proposed for the S&P to 3:00 p.m. Chicago time.15 the Exchange believes the proposed rule Communication Services Select Sector Index options). Appointment Costs change is consistent with the Section 6(b)(5) 18 requirements that the rules of The Exchange believes the proposed rule change will remove impediments to The Exchange proposes a Market- an exchange be designed to prevent fraudulent and manipulative acts and and perfect the mechanism of a free and Maker appointment cost of .001 for the open market and a national market S&P Communication Services Select practices, to promote just and equitable principles of trade, to foster cooperation system, because the proposed rule Sector Index options, and each will change is consistent with current Rules, and coordination with persons engaged have a Market-Maker appointment cost which were previously filed with 16 in regulating, clearing, settling, of .001. This is the same appointment approved as consistent with the processing information with respect to, cost as the other S&P Select Sector Exchange Act by the Commission. The and facilitating transactions in Index options. The Exchange S&P Communication Services Select securities, to remove impediments to determines appointment costs of Tier Sector Index options satisfy the initial and perfect the mechanism of a free and AA classes based on several factors, listing standards for narrow-based open market and a national market including, but not limited to, indexes in the Exchange’s current Rules, system, and, in general, to protect competitive forces and trading volume. which the Commission previously investors and the public interest. The Exchange believes the proposed deemed consistent with Act.21 The Additionally, the Exchange believes the initial appointment cost for the S&P proposed rule change merely adds the Communication Services Select Sector proposed rule change is consistent with 19 S&P Communication Services Select Index options will foster competition by the Section 6(b)(5) requirement that Sector Index to the table regarding incentivizing Market-Makers to obtain the rules of an exchange not be designed reporting authorities for indexes, to the an appointment in these newly listed to permit unfair discrimination between rule regarding number of permissible options, which may increase liquidity in customers, issuers, brokers, or dealers. expirations, to the list of European-style In particular, the Exchange believes the new class. exercise index options, and to the list of that the proposed rule change will A.M.-settled index options. These Capacity protect investors, as the Exchange changes are consistent with existing believes there is unmet market demand The Exchange has analyzed its Rules and index options currently for exchange-listed security options authorized and listed for trading on the capacity and represents that it believes listed on this new sector index. Sector the Exchange and OPRA have the Exchange, including the other S&P SPDRs and E-mini S&P future products Select Sector Index options. The necessary systems capacity to handle for the S&P Communication Services the additional traffic associated with the Exchange notes, with respect to these Select Sector are listed and traded on changes, standard third-Friday SPX listing of new series that would result other exchanges.20 As a result, the from the introduction of the S&P options (which overly the S&P 500, Exchange believes that the S&P which consist of the same components Communication Services Select Sector Communication Services Select Sector Index options up to the proposed as the S&P Select Sector Indexes, Index options are designed to provide including the S&P Communication number of possible expirations. Because different and additional opportunities the proposal is limited to one class, the Services Select Sector Index) and the for investors to hedge or speculate on other S&P Select Sector Index options Exchange believes any additional traffic the market risk associated with this that would be generated from the currently have the same reporting index by listing an option directly on authority, the same number of introduction of the S&P Communication this index. Because of the relation Services Sector Index options would be permissible expirations, the same between the S&P Communication settlement, and the same exercise manageable. Services Select Sector, the other S&P style.22 The Exchange has observed no Select Sector Indexes, and the S&P 500, trading or capacity issues in SPX trading generally leads to wider spreads and more volatile the Exchange believes the proposed rule given the number of permissible pricing. change will benefit investors, as it will 15 See Rule 24.6(b) (for example, options on the expirations, a.m. settlement, and S&P transportation, retail, health care, banking, European-style exercise. Because of the insurance, and chemical indices, and the Cboe 17 15 U.S.C. 78f(b). relation between the S&P PowerPacks SM bank, biotechnology, gold, internet, 18 15 U.S.C. 78f(b)(5). 19 Communication Services Select Sector, iron & steel, oil, oil services, pharmaceuticals, Id. the other S&P Select Sector Indexes, and retail, semiconductor, technology, and telecom 20 The primary listing exchange for the indices). Communication Services Select Sector SPDR Fund the S&P 500, which will likely result in 16 See proposed Rule 8.3(c)(i). S&P (and the other Select Sector SPDR Funds) is NYSE market participants’ investment and Communication Services Select Sector Index Arca (trading under symbol XLC). See the Fund’s hedging strategies consisting of options options will be in Tier AA (as are other S&P index prospectus, available at https://us.spdrs.com/ over each of these indexes, the options, including the other S&P Select Sector public/SPDR_SELECT%20SECTOR_ Index options). While the appointment costs of Tier PROSPECTUS.pdf. The contract specifications for AA classes are not subject to quarterly rebalancing the E-mini Communication Services Select Sector 21 See Securities Exchange Act Release No. 34– under Rule 8.3(c)(iv), the Exchange regularly Futures Contract, which trades on the Chicago 34157 (June 3, 1994), Federal Register Volume 59, reviews the appointment costs of Tier AA classes Mercantile Exchange (‘‘CME’’), is available at Issue 111 (June 10, 1994) (SR–CBOE–93–59) (order to ensure that they continue to be appropriate. The https://www.cmegroup.com/trading/equity-index/ approving generic listing standards for options on Exchange determines appointment costs of Tier AA select-sector-index/e-mini-communication-services- narrow-based indexes). classes based on several factors, including, but not select-sector-index_contract_specifications.html; 22 See Rules 24.1, Interpretation and Policy .01 limited to, competitive forces and trading volume. see also Chapter 369 of the CME Rulebook. and 24.9(a)(2) through (4).

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Exchange believes it is appropriate to indexes, the Exchange believes it is III. Date of Effectiveness of the have the same number of expiration, appropriate to have the same number of Proposed Rule Change and Timing for settlement, and exercise style for expirations, settlement, and exercise Commission Action options on each of these indexes. The style for options on each index. The S&P Because the foregoing proposed rule Exchange also represents that it has the Communication Services Select Sector change does not: (i) Significantly affect necessary systems capacity to support Index options will provide investors the protection of investors or the public the new option series given these with different and additional interest; (ii) impose any significant proposed specifications. opportunities to hedge or speculate on burden on competition; and (iii) become The Exchange believes the proposed the market associated with the this operative for 30 days from the date on trading hours for the S&P index. which it was filed, or such shorter time Communication Services Select Sector as the Commission may designate, it has Index options are reasonable and will With respect to the proposed trading become effective pursuant to Section protect investors, as closing trading in hours, all market participants will be able to trade options on the S&P 19(b)(3)(A) of the Act 26 and Rule 19b– these options at the same time the 27 stocks end regular trading will ensure Communication Select Services Sector 4(f)(6) thereunder. At any time within 60 days of the investors have access to robust pricing Index during the same trading hours. filing of the proposed rule change, the of the underlying stock components Various other index options, including Commission summarily may they use to price the options, which the other S&P Select Sector Index protects investors by reducing their options and other narrow-based index temporarily suspend such rule change if price risk. Various other index options, options, may trade from 8:30 a.m. to it appears to the Commission that such including the other S&P Select Sector 3:00 p.m. Chicago time.25 The Exchange action is necessary or appropriate in the Index options and other narrow-based believes the proposed rule change will public interest, for the protection of index options, may trade from 8:30 a.m. promote competition, as it brings the investors, or otherwise in furtherance of to 3:00 p.m. Chicago time.23 trading hours for the S&P the purposes of the Act. The Exchange believes the proposed Communication Services Select Sector IV. Solicitation of Comments initial low appointment cost for the S&P Index options in line with those of the Communication Services Select Sector other S&P Select Sector Index options as Interested persons are invited to Index options promotes competition well as competitive products trading on submit written data, views, and and efficiency by incentivizing more other exchanges. Additionally, the S&P arguments concerning the foregoing, Market-Makers to obtain an Communication Services Select Sector including whether the proposed rule appointment in the newly listed class. Index options will trade exclusively on change is consistent with the Act. The Exchange believes this may result Cboe Options. To the extent that the Comments may be submitted by any of in liquidity and competitive pricing in proposed changes make Cboe Options a the following methods: this class, which ultimately benefits more attractive marketplace for market Electronic Comments investors. The proposed rule change participants at other exchanges, such • Use the Commission’s internet does not result in unfair discrimination, market participants are welcome to comment form (http://www.sec.gov/ as the appointment cost will apply to all become Cboe Options market rules/sro.shtml); or participants. Market-Makers in this class. • Send an email to rule-comments@ Additionally, the proposed appointment The Exchange believes the proposed sec.gov. Please include File Number SR– cost is the same as the appointment cost initial low appointment cost for the S&P CBOE–2018–067 on the subject line. for each of the other S&P Select Sector Communication Services Select Sector Index options.24 Index options promotes competition Paper Comments • B. Self-Regulatory Organization’s and efficiency by incentivizing more Send paper comments in triplicate Statement on Burden on Competition Market-Makers to obtain an to Secretary, Securities and Exchange appointment in the newly listed class. Commission, 100 F Street NE, The Exchange does not believe that The Exchange believes this may result Washington, DC 20549–1090. the proposed rule change will impose in liquidity and competitive pricing in All submissions should refer to File any burden on competition that is not this class, which ultimately benefits necessary or appropriate in furtherance Number SR–CBOE–2018–067. This file investors. The proposed rule change number should be included on the of the purposes of the Act. The S&P does not result in unfair discrimination, Communication Services Select Sector subject line if email is used. To help the as the appointment cost will apply to all Commission process and review your Index satisfies initial listing standards Market-Makers in this class. set forth in the Rules, and the proposed comments more efficiently, please use Additionally, as discussed above, the only one method. The Commission will number of expirations, settlement, and proposed appointment cost for the S&P exercise style are consistent with post all comments on the Commission’s Communication Services Select Sector internet website (http://www.sec.gov/ current rules applicable to index Index options is the same as the options, including the other S&P Select rules/sro.shtml). Copies of the appointment cost for the other S&P submission, all subsequent Sector Index options and standard third- Select Sector Index options. Friday SPX options. Because of the amendments, all written statements relation between the S&P C. Self-Regulatory Organization’s with respect to the proposed rule Communication Services Select Sector Statement on Comments on the 26 Index, the other S&P Select Sector Proposed Rule Change Received From 15 U.S.C. 78s(b)(3)(A). 27 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– Indexes, and the S&P 500, which will Members, Participants, or Others 4(f)(6)(iii) requires a self-regulatory organization to likely result in market participants’ give the Commission written notice of its intent to investment and hedging strategies The Exchange neither solicited nor file the proposed rule change, along with a brief consisting of options over each of these received comments on the proposed description and text of the proposed rule change, rule change. at least five business days prior to the date of filing of the proposed rule change, or such shorter time 23 See supra note 15. as designated by the Commission. The Exchange 24 See Rule 8.3(c)(i). 25 See supra note 15. has satisfied this requirement.

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change that are filed with the solicit comments on the proposed rule Exchange. As proposed, the Royalty Commission, and all written change from interested persons. Fees section will only include reference communications relating to the to KBW Bank Index (BKK), as this I. Self-Regulatory Organization’s proposed rule change between the product continues to be licensed to the Statement of the Terms of Substance of Commission and any person, other than the Proposed Rule Change Exchange. those that may be withheld from the 2. Statutory Basis public in accordance with the The Exchange proposes to modify the provisions of 5 U.S.C. 552, will be NYSE Arca Options Fee Schedule (‘‘Fee The Exchange believes that the available for website viewing and Schedule’’). The Exchange proposes to proposed rule change is consistent with printing in the Commission’s Public implement the fee change effective Section 6(b) of the Act, in general, and Reference Room, 100 F Street NE, October 17, 2018. The proposed rule furthers the objectives of Sections Washington, DC 20549 on official change is available on the Exchange’s 6(b)(4) and (5) of the Act, in particular, business days between the hours of website at www.nyse.com, at the because it provides for the equitable 10:00 a.m. and 3:00 p.m. Copies of the principal office of the Exchange, and at allocation of reasonable dues, fees, and filing also will be available for the Commission’s Public Reference other charges among its members, inspection and copying at the principal Room. issuers and other persons using its office of the Exchange. All comments II. Self-Regulatory Organization’s facilities and does not unfairly received will be posted without change. Statement of the Purpose of, and discriminate between customers, Persons submitting comments are Statutory Basis for, the Proposed Rule issuers, brokers or dealers. cautioned that we do not redact or edit Change The Exchange believes that the personal identifying information from proposal to remove references to In its filing with the Commission, the comment submissions. You should products that the Exchange is no longer self-regulatory organization included licensed to trade is reasonable, submit only information that you wish statements concerning the purpose of, to make available publicly. All equitable, and not unfairly and basis for, the proposed rule change discriminatory because it provides submissions should refer to File and discussed any comments it received Number SR–CBOE–2018–067 and clarity and transparency to the Fee on the proposed rule change. The text Schedule as it relates to Royalty Fees. should be submitted on or before of those statements may be examined at November 21, 2018. the places specified in Item IV below. B. Self-Regulatory Organization’s For the Commission, by the Division of The Exchange has prepared summaries, Statement on Burden on Competition Trading and Markets, pursuant to delegated set forth in sections A, B, and C below, In accordance with Section 6(b)(8) of authority.28 of the most significant parts of such the Act,5 the Exchange does not believe Eduardo A. Aleman, statements. that the proposed rule change would Assistant Secretary. A. Self-Regulatory Organization’s impose any burden on competition that [FR Doc. 2018–23734 Filed 10–30–18; 8:45 am] Statement of the Purpose of, and the is not necessary or appropriate in BILLING CODE 8011–01–P Statutory Basis for, the Proposed Rule furtherance of the purposes of the Act. Change Instead, the proposed change is meant to add clarity and transparency to the SECURITIES AND EXCHANGE 1. Purpose Fee Schedule to the benefit of all market COMMISSION The purpose of this filing is to modify participants that trade on the Exchange. the Fee Schedule, effective October 17, [Release No. 34–84489; File No. SR– 2018, to eliminate obsolete charges. C. Self-Regulatory Organization’s NYSEARCA–2018–76] Specifically, the Exchange proposes to Statement on Comments on the remove Royalty fees for products the Proposed Rule Change Received From Self-Regulatory Organizations; NYSE Exchange no longer trades. Members, Participants, or Others Arca, Inc.; Notice of Filing and Pursuant to the current Fee Schedule, No written comments were solicited Immediate Effectiveness of Proposed the Exchange charges Royalty Fees on or received with respect to the proposed Rule Change To Modify the NYSE Arca certain trades in proprietary products rule change. Options Fee Schedule for which the Exchange has a license, namely: NDX, MNX, KBW Bank Index III. Date of Effectiveness of the October 25, 2018. (BKK) and the Russell Index (RUT).4 Proposed Rule Change and Timing for Pursuant to Section 19(b)(1) 1 of the The Exchange proposes to modify the Commission Action Securities Exchange Act of 1934 (the Fee Schedule to remove NDX, MNX, The foregoing rule change is effective ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 and the Russell Index (RUT), as these upon filing pursuant to Section notice is hereby given that, on October products are no longer licensed to the 19(b)(3)(A) 6 of the Act and 17, 2018, NYSE Arca, Inc. (the subparagraph (f)(2) of Rule 19b–4 7 ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with 4 See Fee Schedule, NYSE Arca OPTIONS: thereunder, because it establishes a due, the Securities and Exchange TRADE–RELATED CHARGES FOR STANDARD fee, or other charge imposed by the OPTIONS, Royalty Fees, available at, https:// Commission (the ‘‘Commission’’) the www.nyse.com/publicdocs/nyse/markets/arca- Exchange. proposed rule change as described in options/NYSE_Arca_Options_Fee_Schedule.pdf. At any time within 60 days of the Items I, II, and III below, which Items Royalty Fees will be assessed on a per contract basis filing of such proposed rule change, the have been prepared by the self- for firm, broker/dealer, and Market Maker transactions. For electronic executions in issues Commission summarily may regulatory organization. The included in the Penny Pilot, Royalty Fees will be temporarily suspend such rule change if Commission is publishing this notice to passed through to the trading participant on the it appears to the Commission that such ‘‘Take’’ side of the transaction. See id. Royalty Fees action is necessary or appropriate in the are not assessed on the customer side of 28 17 CFR 200.30–3(a)(12). transactions and information about Royalty Fees as 1 15 U.S.C. 78s(b)(1). associated with Options Strategy Transactions are 5 15 U.S.C. 78f(b)(8). 2 15 U.S.C. 78a. set forth in the ‘‘Limit of Fees on Options Strategy 6 15 U.S.C. 78s(b)(3)(A). 3 17 CFR 240.19b–4. Executions’’ section of this schedule. See id., fn. 11. 7 17 CFR 240.19b–4(f)(2).

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public interest, for the protection of comment submissions. You should Commission with the notice required by investors, or otherwise in furtherance of submit only information that you wish Rule 19b–4(f)(6) thereunder.5 the purposes of the Act. If the to make available publicly. All The text of the proposed rule change Commission takes such action, the submissions should refer to File is available on the Exchange’s website at Commission shall institute proceedings Number SR–NYSEARCA–2018–76 and http://nasdaq.cchwallstreet.com, at the under Section 19(b)(2)(B) 8 of the Act to should be submitted on or before principal office of the Exchange, and at determine whether the proposed rule November 21, 2018. the Commission’s Public Reference change should be approved or For the Commission, by the Division of Room. disapproved. Trading and Markets, pursuant to delegated II. Self-Regulatory Organization’s 9 IV. Solicitation of Comments authority. Statement of the Purpose of, and Eduardo A. Aleman, Interested persons are invited to Statutory Basis for, the Proposed Rule Assistant Secretary. submit written data, views, and Change arguments concerning the foregoing, [FR Doc. 2018–23733 Filed 10–30–18; 8:45 am] In its filing with the Commission, the including whether the proposed rule BILLING CODE 8011–01–P Exchange included statements change is consistent with the Act. concerning the purpose of and basis for the proposed rule change and discussed Comments may be submitted by any of SECURITIES AND EXCHANGE any comments it received on the the following methods: COMMISSION proposed rule change. The text of these Electronic Comments [Release No. 34–84488; File No. SR– statements may be examined at the • Use the Commission’s internet NASDAQ–2018–082] places specified in Item IV below. The comment form (http://www.sec.gov/ Exchange has prepared summaries, set rules/sro.shtml); or Self-Regulatory Organizations; The forth in sections A, B, and C below, of • Send an email to rule-comments@ Nasdaq Stock Market LLC; Notice of the most significant aspects of such sec.gov. Please include File Number SR– Filing and Immediate Effectiveness of statements. NYSEARCA–2018–76 on the subject Proposed Rule Change Relating to line. Derivative Securities Traded Under A. Self–Regulatory Organization’s Unlisted Trading Privileges Statement of the Purpose of, and Paper Comments Statutory Basis for, the Proposed Rule • Send paper comments in triplicate October 25, 2018. Change Pursuant to Section 19(b)(1) of the to Brent J. Fields, Secretary, Securities 1. Purpose and Exchange Commission, 100 F Street Securities Exchange Act of 1934 NE, Washington, DC 20549–1090. (‘‘Act’’),1 and Rule 19b–4 thereunder,2 The purpose of the proposed rule change is to amend Rule 5740 related to All submissions should refer to File notice is hereby given that on October derivative securities traded under UTP Number SR–NYSEARCA–2018–76. This 12, 2018, The Nasdaq Stock Market LLC by removing the requirement in Rule file number should be included on the (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the 5740(a)(1) for the Exchange to file with subject line if email is used. To help the Securities and Exchange Commission the Commission a Form 19b–4(e) for Commission process and review your (‘‘Commission’’) the proposed rule each Derivative Security, and comments more efficiently, please use change as described in Items I and II below, which Items have been prepared renumbering the remaining rules of Rule only one method. The Commission will 5740(a) to maintain an organized rule post all comments on the Commission’s by the Exchange. The Commission is publishing this notice to solicit structure, as described below. internet website (http://www.sec.gov/ Rule 5740(a)(1) sets forth the rules/sro.shtml). Copies of the comments on the proposed rule change from interested persons. requirement for Nasdaq to file with the submission, all subsequent Commission a Form 19b–4(e) with amendments, all written statements I. Self-Regulatory Organization’s respect to each Derivative Security that with respect to the proposed rule Statement of the Terms of Substance of is traded under UTP. However, Nasdaq change that are filed with the the Proposed Rule Change believes that it should not be necessary Commission, and all written The Exchange proposes to amend to file a Form 19b–4(e) with the communications relating to the Nasdaq Rule 5740 related to derivative Commission if it begins trading a proposed rule change between the securities traded under unlisted trading Derivative Security on a UTP basis, Commission and any person, other than privileges (‘‘UTP’’) to remove the because Rule 19b–4(e)(1) under the Act those that may be withheld from the requirement in Rule 5740(a)(1) for the refers to the ‘‘listing and trading’’ of a public in accordance with the Exchange to file with the Commission a ‘‘new derivative securities product.’’ provisions of 5 U.S.C. 552, will be Form 19b–4(e) for each ‘‘new derivative The Exchange believes that the available for website viewing and securities product’’ as defined in Rule requirements of that rule refers to when printing in the Commission’s Public 19b–4(e) under the Act 3 (‘‘Derivative an exchange lists and trades a Derivative Reference Room, 100 F Street NE, Security’’) traded under UTP and Security, and not when an exchange Washington, DC 20549 on official renumber the remaining provisions of seeks only to trade such product on a business days between the hours of Rule 5740(a) to maintain an organized UTP basis pursuant to Rule 12f–2 under 10:00 a.m. and 3:00 p.m. Copies of the rule structure. The Exchange has the Act.6 Therefore, Nasdaq proposes to filing also will be available for designated this rule change as ‘‘non- delete the requirement in current Rule inspection and copying at the principal controversial’’ under Section 19(b)(3)(A) 5740(a)(1) for Nasdaq to file a Form office of the Exchange. All comments of the Act 4 and provided the 19b–4(e) with the Commission with received will be posted without change. respect to each Derivative Security it Persons submitting comments are 9 17 CFR 200.30–3(a)(12). begins trading on a UTP basis. In cautioned that we do not redact or edit 1 15 U.S.C. 78s(b)(1). addition, as a result of the deletion of personal identifying information from 2 17 CFR 240.19b–4. 3 17 CFR 240.19b–4(e) 5 17 CFR 240.19b–4(f)(6). 8 15 U.S.C. 78s(b)(2)(B). 4 15 U.S.C. 78s(b)(3)(A). 6 17 CFR 240.12f–2.

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current Rule 5740(a)(1) Nasdaq proposes file a Form 19b–4(e) will serve to At any time within 60 days of the to renumber current Rules 5740(a)(2)– enhance competition by providing for filing of the proposed rule change, the (6), as Rules 5740(a)(1)–(5) respectively. the efficient addition of Derivative Commission summarily may Securities for trading under UTP on temporarily suspend such rule change if 2. Statutory Basis Nasdaq. To the extent that a competitor it appears to the Commission that such Nasdaq believes that the proposed marketplace believes that the proposed action is necessary or appropriate in the rule change is consistent with the rule change places it at a competitive public interest, for the protection of provisions of Section 6(b) 7 of the Act in disadvantage, it may file with the investors, or otherwise in furtherance of general, and furthers the objectives of Commission a proposed rule change to the purposes of the Act. Section 6(b)(5) of the Act 8 in particular, adopt the same or similar rule. in that it is designed to prevent In addition, the proposal to renumber IV. Solicitation of Comments fraudulent and manipulative acts and the current Rules 5740(a)(2)–(6) as Rules Interested persons are invited to practices, to promote just and equitable 5740(a)(1)–(5) does not impact submit written data, views, and principles of trade, to remove competition in any respect since it arguments concerning the foregoing, impediments to and perfect the merely maintains a clear and organized including whether the proposed rule mechanism of a free and open market rule structure. change is consistent with the Act. and a national market system, and, in Comments may be submitted by any of general, to protect investors and the C. Self-Regulatory Organization’s the following methods: public interest. Specifically, eliminating Statement on Comments on the Electronic Comments the requirement to file a Form 19b–4(e) Proposed Rule Change Received From for each Derivative Security the Members, Participants, or Others • Use the Commission’s internet Exchange begins trading on a UTP basis No written comments were either comment form (http://www.sec.gov/ removes an unnecessary regulatory solicited or received. rules/sro.shtml); or • Send an email to rule-comments@ requirement thereby providing for a III. Date of Effectiveness of the more efficient process for adding sec.gov. Please include File Number SR– Proposed Rule Change and Timing for NASDAQ–2018–082 on the subject line. Derivative Securities to trading on the Commission Action Exchange on a UTP basis. Paper Comments Because the foregoing proposed rule In addition, the Exchange notes that a • substantially identical proposed rule change does not: (i) Significantly affect Send paper comments in triplicate change by NYSE National, Inc. (‘‘NYSE the protection of investors or the public to Secretary, Securities and Exchange National’’) was recently approved by the interest; (ii) impose any significant Commission, 100 F Street NE, Commission.9 In particular, the burden on competition; and (iii) become Washington, DC 20549–1090. Commission noted in the approval order operative for 30 days from the date on All submissions should refer to File that it ‘‘believes that the filing of a Form which it was filed, or such shorter time Number SR–NASDAQ–2018–082. This 19b–4(e) is not required when an as the Commission may designate, it has file number should be included on the Exchange is trading a new derivative become effective pursuant to Section subject line if email is used. To help the securities product on a UTP basis 19(b)(3)(A)(iii) of the Act 12 and Commission process and review your only’’ 10 and also found that the NYSE subparagraph (f)(6) of Rule 19b–4 comments more efficiently, please use National’s proposed rule change is thereunder.13 only one method. The Commission will ‘‘consistent with the requirements of The Exchange has asked the post all comments on the Commission’s Section 6(b)(5) of the Act.’’ 11 Commission to waive the 30-day internet website (http://www.sec.gov/ With respect to the renumbering of operative delay so that the proposal may rules/sro.shtml). Copies of the current Rules 5740(a)(2)–(6) as Rules become operative immediately upon submission, all subsequent 5740(a)(1)–(5), the Exchange believes filing. The Commission notes that the amendments, all written statements that these changes are consistent with Exchange’s proposal is similar to a with respect to the proposed rule the Act because they will allow the proposal the Commission has change that are filed with the Exchange to maintain a clear and previously approved.14 Accordingly, the Commission, and all written organized rule structure, thus Commission believes that the proposal communications relating to the preventing investor confusion. raises no new or novel regulatory issues proposed rule change between the For these reasons, Nasdaq believes the and waiver of the 30-day operative Commission and any person, other than proposed rule change is consistent with delay is consistent with the protection those that may be withheld from the the requirements of Section 6(b)(5) of of investors and the public interest. The public in accordance with the the Act. Commission therefore waives the 30-day provisions of 5 U.S.C. 552, will be operative delay and designates the available for website viewing and B. Self-Regulatory Organization’s proposed rule change to be operative printing in the Commission’s Public Statement on Burden on Competition 15 upon filing. Reference Room, 100 F Street NE, Nasdaq does not believe that the Washington, DC 20549 on official proposed rule change will result in any 12 15 U.S.C. 78s(b)(3)(A)(iii). business days between the hours of burden on competition that is not 13 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 4(f)(6) requires a self-regulatory organization to give 10:00 a.m. and 3:00 p.m. Copies of the necessary or appropriate in furtherance the Commission written notice of its intent to file filing also will be available for of the purposes of the Act. To the the proposed rule change at least five business days inspection and copying at the principal contrary, removing the requirement to prior to the date of filing of the proposed rule office of the Exchange. All comments change, or such shorter time as designated by the Commission. The Exchange has satisfied this received will be posted without change. 7 15 U.S.C. 78f(b). requirement. Persons submitting comments are 8 15 U.S.C. 78f(b)(5). 14 See supra note 9. cautioned that we do not redact or edit 9 See Securities Exchange Act Release No. 83289 15 For purposes only of waiving the 30-day (May 17, 2018), 83 FR 23968 (May 23, 2018) (Order personal identifying information from operative delay, the Commission has also comment submissions. You should Approving File No. SR–NYSENAT–2018–02). considered the proposed rule’s impact on 10 See supra note 9 at page 23975 at footnote 149. efficiency, competition, and capital formation. See submit only information that you wish 11 See supra note 9 at page 23975–6. 15 U.S.C. 78c(f). to make available publicly. All

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submissions should refer to File the proposed information collection to the FAA which oversees the certificates Number SR–NASDAQ–2018–082 and the Office of Information and Regulatory and FAA approvals. should be submitted on or before Affairs, Office of Management and The collection is necessary for the November 21, 2018. Budget. Comments should be addressed FAA to determine qualification and the For the Commission, by the Division of to the attention of the Desk Officer, ability of the applicant to safely Trading and Markets, pursuant to delegated Department of Transportation/FAA, and dispatch aircraft. Without this collection authority.16 sent via electronic mail to oira_ of information, applicants for a Eduardo A. Aleman, [email protected], or faxed to certificate or course approval would not Assistant Secretary. (202) 395–6974, or mailed to the Office be able to receive certification or approval. The collection of information [FR Doc. 2018–23731 Filed 10–30–18; 8:45 am] of Information and Regulatory Affairs, for those who choose to train aircraft BILLING CODE 8011–01–P Office of Management and Budget, Docket Library, Room 10102, 725 17th dispatcher applicants is to protect the Street NW, Washington, DC 20503. applicants by ensuring that they are properly trained. DEPARTMENT OF TRANSPORTATION Public Comments Invited: You are asked to comment on any aspect of this Respondents: 1,288. Frequency: On occasion. Federal Aviation Administration information collection, including (a) Whether the proposed collection of Estimated Average Burden per Agency Information Collection information is necessary for FAA’s Response: 4.8 hours. Estimated Total Annual Burden: Activities: Requests for Comments; performance; (b) the accuracy of the 6,351.47 hours. Clearance of a Renewed Approval of estimated burden; (c) ways for FAA to Information Collection: Certification: enhance the quality, utility and clarity Issued in Washington, DC, on October 24, Airmen Other Than Flight of the information collection; and (d) 2018. Crewmembers, Subpart C, Aircraft ways that the burden could be Barbara Hall, Dispatchers and App. A Aircraft minimized without reducing the quality FAA Information Collection Clearance Dispatcher of the collected information. The agency Officer, Performance, Policy, and Records will summarize and/or include your Management Branch, ASP–110. AGENCY: Federal Aviation comments in the request for OMB’s [FR Doc. 2018–23722 Filed 10–30–18; 8:45 am] Administration (FAA), DOT. clearance of this information collection. BILLING CODE 4910–13–P ACTION: Notice and request for comments. FOR FURTHER INFORMATION CONTACT: Barbara Hall at (940) 594–5913, or by DEPARTMENT OF TRANSPORTATION SUMMARY: In accordance with the email at: [email protected]. Paperwork Reduction Act of 1995, FAA SUPPLEMENTARY INFORMATION: Federal Aviation Administration invites public comments about our OMB Control Number: 2120–0648. intention to request the Office of Title: Certification: Airmen Other Agency Information Collection Management and Budget (OMB) Than Flight Crewmembers, Subpart C, Activities: Requests for Comments; approval to renew an information Aircraft Dispatchers and App. A Aircraft Clearance of Renewed Approval of collection. The Federal Register Notice Dispatcher. Information Collection: Certification of with a 60-day comment period soliciting Form Numbers: There are no forms Airmen for the Operation of Light- comments on the following collection of associated with this collection. Sport Aircraft information was published on August Type of Review: Renewal of an AGENCY: Federal Aviation 23, 2018. The collection involves the information collection. Administration (FAA), DOT. information that each applicant for an Background: The Federal Register ACTION: Notice and request for aircraft dispatcher certificate or FAA Notice with a 60-day comment period comments. approval of an aircraft dispatcher course soliciting comments on the following must submit to the FAA. These collection of information was published SUMMARY: In accordance with the applications, reports and training course on August 23, 2018 (83 FR 42758). This Paperwork Reduction Act of 1995, FAA materials are provided to the local collection involves the information that invites public comments about our Flight Standards District Office of the each applicant for an aircraft dispatcher intention to request the Office of FAA that oversees the certificate and certificate or FAA approval of an aircraft Management and Budget (OMB) FAA approvals. The information to be dispatcher course must submit to the approval to renew an information collected will be used to and/or is FAA to comply with 14 CFR part 65, collection. The Federal Register Notice necessary to determine qualification and subpart C and Appendix A. These with a 60-day comment period soliciting the ability of the applicant to safely applications, reports and training course comments on the following collection of dispatch aircraft. Without this collection materials are provided to the information was published on August of information, applicants for a responsible Flight Standards Office of 27, 2018. certificate or course approval would not the FAA that oversees the certificates This collection involves the be able to receive certification or and FAA approvals. submission of forms and other reporting approval. The collection of information This collection involves the and recordkeeping activities. The for those who choose to train aircraft knowledge testing that each applicant information to be collected is necessary dispatcher applicants is to protect the for an aircraft dispatcher certificate to ensure compliance with regulations applicants by ensuring that they are must successfully complete or governing the manufacture and properly trained. information required to obtain FAA certification of light-sport aircraft, the DATES: Written comments should be approval of an aircraft dispatcher course training and certification of light-sport submitted by November 30, 2018. in order to comply with 14 CFR part 65, pilots and instructors, and the ADDRESSES: Interested persons are subpart C and Appendix A. These certification of light-sport aircraft invited to submit written comments on applications, reports and training course Designated Pilot Examiners. materials are provided to the DATES: Written comments should be 16 17 CFR 200.30–3(a)(12). responsible Flight Standards Office of submitted by November 30, 2018.

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ADDRESSES: Interested persons are that aviation products and their before April 1, 2019. If the Federal law invited to submit written comments on manufacturing facilities comply with that authorizes judicial review of a the proposed information collection to ASTM requirements, and that the claim provides a time period of less the Office of Information and Regulatory products have no unsafe features than 150 days for filing such claim, then Affairs, Office of Management and Finally, this collection requires that shorter time period applies. Budget. Comments should be addressed applicants for the authorities and FOR FURTHER INFORMATION CONTACT: For to the attention of the Desk Officer, privileges of Designated Pilot Examiners Caltrans: Smita Deshpande, Branch Department of Transportation/FAA, and to submit FAA form 8710–12, Light- Chief, Generalist Branch—Division of sent via electronic mail to oira_ Sport Standardization Board-Designated Environmental Analysis, Caltrans [email protected], or faxed to Pilot Examiner Candidate Application. District 12; 1750 East 4th Street, Suite (202) 395–6974, or mailed to the Office Respondents: Manufacturers, aircraft 100, Santa Ana, CA 92705, 8:00 a.m. to of Information and Regulatory Affairs, owners, pilots, flight instructors with a 5:00 p.m., (657) 328–6151, Office of Management and Budget, sport pilot rating, and maintenance [email protected]. personnel. Docket Library, Room 10102, 725 17th SUPPLEMENTARY INFORMATION: Effective Frequency: Information is collected Street NW, Washington, DC 20503. July 1, 2007, FHWA assigned, and on occasion. Public Comments Invited: You are Caltrans assumed, environmental Estimated Average Burden per asked to comment on any aspect of this responsibilities for this project pursuant Response: 2.2 Hours. information collection, including (a) to 23 U.S.C. 327. Notice is hereby given Whether the proposed collection of Estimated Total Annual Burden: Sport pilot applicants: 3,289 hours. that Caltrans has taken final agency information is necessary for FAA’s actions subject to 23 U.S.C. 139(l)(1) by performance; (b) the accuracy of the Sport pilot instructor applicants: 1,176 hours. Special Light-Sport issuing licenses, permits, and approvals estimated burden; (c) ways for FAA to for the following highway project in the enhance the quality, utility and clarity Airworthiness certification applicants: 3,782 hours. Designated Pilot Examiner State of California: Caltrans proposes to of the information collection; and (d) add a single general-purpose lane in the ways that the burden could be applicants: 20 hours. Total burden: 8,267. northbound and southbound direction minimized without reducing the quality of the highway, approximately 8.5 of the collected information. The agency Issued in Washington, DC, on October 24, miles. The purpose of the project is to will summarize and/or include your 2018. add mainline capacity, reduce corridor comments in the request for OMB’s Barbara Hall, congestion, improve mobility, improve clearance of this information collection. FAA Information Collection Clearance ramp capacity and operations, and FOR FURTHER INFORMATION CONTACT: Officer, Performance, Policy, and Records improve freeway operations including Barbara Hall at (940) 594–5913, or by Management Branch, ASP–110. weaving, merging, and diverging. The email at: [email protected]. [FR Doc. 2018–23721 Filed 10–30–18; 8:45 am] actions by the Federal agencies, and the SUPPLEMENTARY INFORMATION: BILLING CODE 4910–13–P laws under which such actions were OMB Control Number: 2120–0690. taken, are described in the Title: Certification of Airmen for the Environmental Assessment (EA) with a Operation of Light-Sport Aircraft. DEPARTMENT OF TRANSPORTATION Finding of No Significant Impact Form Numbers: FAA Form 8130–15, Federal Highway Administration (FONSI), approved on August 17, 2018. 8710–11, 8710–12 The EA with FONSI, and other Type of Review: Renewal of an Notice of Final Federal Agency Actions documents are available by contacting information collection. of Proposed Highway in California Caltrans at the address provided above. Background: The Federal Register The Caltrans EA with FONSI can be Notice with a 60-day comment period AGENCY: Federal Highway viewed and downloaded from the soliciting comments on the following Administration (FHWA), Department of project website at http:// collection of information was published Transportation (DOT). www.dot.ca.gov/d12/DEA/405/0K710. on August 27, 2018 (83 FR 43725). That ACTION: Notice of Limitation on Claims The notice applies to all Federal agency rule generated a need for new for Judicial Review of Actions by the decisions as of the issuance date of this designated pilot examiners and California Department of Transportation notice and all laws under which such designated airworthiness (Caltrans). actions were taken, including but not representatives to support the limited to: certification of new light-sport aircraft, SUMMARY: The FHWA, on behalf of 1. Council on Environmental Quality pilots, flight instructors, and ground Caltrans, is issuing this notice to regulations; instructors. This information collection announce actions taken by Caltrans that 2. National Environmental Policy Act requires applicants for certification as are final. The actions relate to a (NEPA); sport pilots to complete FAA form proposed highway project (Interstate 3. Moving Ahead for Progress in the 8710–11, log training, take and pass a 405 [I–405]) from Interstate 5 (I–5) to 21st Century Act (MAP–21); knowledge test, and requires State Route 55 [SR–55]) in the Cities of 4. Department of Transportation Act organizations to develop and maintain Irvine and Costa Mesa, in the County of of 1966; training courses for sport pilots. Orange, State of California. Those 5. Federal Aid Highway Act of 1970; This collection also requires light- actions grant licenses, permits, and 6. Clean Air Act Amendments of sport aircraft owners and manufacturers approvals for the project. 1990; to submit FAA form 8130–15, which is DATES: By this notice, the FHWA, on 7. Noise Control Act of 1970; used to process an applicant’s request to behalf of Caltrans, is advising the public 8. 23 CFR part 772 FHWA Noise obtain a Special Airworthiness of final agency actions subject to 23 Standards, Policies and Procedures; certificate for Light Sport Aircraft. FAA U.S.C. § 139(l)(1). A claim seeking 9. Department of Transportation Act Airworthiness inspectors and judicial review of the Federal agency of 1966, Section 4(f); designated inspectors review the actions on the highway project will be 10. Clean Water Act of 1977 and 1987; required data submissions to determine barred unless the claim is filed on or 11. Endangered Species Act of 1973;

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12. Migratory Bird Treaty Act; DATES: Comments must be received by Regulatory Information Service Center 13. National Historic Preservation Act December 31, 2018. at (202) 482–7340. • of 1966, as amended; ADDRESSES: Commenters are encouraged Viewing Comments Personally: You 14. Historic Sites Act of 1935; to submit comments by email, if may personally inspect comments at the 15. Executive Order 13112, Invasive possible. You may submit comments by OCC, 400 7th Street SW, Washington, Species; and DC. For security reasons, the OCC 16. Title VI of the Civil Rights Act of any of the following methods: • Email: [email protected]. requires that visitors make an 1964. appointment to inspect comments. You • Mail: Legislative and Regulatory may do so by calling (202) 649–6700 or, (Catalog of Federal Domestic Assistance Activities Division, Office of the Program Number 20.205, Highway Planning for persons who are deaf or hearing Comptroller of the Currency, Attention: and Construction. The regulations impaired, TTY, (202) 649–5597. Upon 1557–0319, 400 7th Street SW, suite 3E– implementing Executive Order 12372 arrival, visitors will be required to regarding intergovernmental consultation on 218, Washington, DC 20219. • present valid government-issued photo Federal programs and activities apply to this Hand Delivery/Courier: 400 7th identification and submit to security program.) Street SW, Suite 3E–218, Washington, screening in order to inspect comments. DC 20219. FOR FURTHER INFORMATION CONTACT: Authority: 23 U.S.C. § 139(l)(1). • Fax: (571) 465–4326. Shaquita Merritt, OCC Clearance Tashia J. Clemons, Instructions: You must include Officer, (202) 649–5490 or, for persons ‘‘OCC’’ as the agency name and ‘‘1557– Director, Planning and Environment, Federal who are deaf or hearing impaired, TTY, Highway Administration, Sacramento, 0319’’ in your comment. In general, the (202) 649–5597, Chief Counsel’s Office, California. OCC will publish your comment on Office of the Comptroller of the [FR Doc. 2018–23819 Filed 10–30–18; 8:45 am] www.reginfo.gov without change, Currency, 400 7 St. SW, Washington, DC BILLING CODE 4910–RY–P including any business or personal 20219. In addition, copies of the information that you provide, such as templates referenced in this notice can name and address information, email be found on the OCC’s website under DEPARTMENT OF THE TREASURY addresses, or phone numbers. News and Issuances (http:// Comments received, including www.occ.treas.gov/tools-forms/forms/ Office of the Comptroller of the attachments and other supporting bank-operations/stress-test- Currency materials, are part of the public record reporting.html). and subject to public disclosure. Do not Agency Information Collection include any information in your SUPPLEMENTARY INFORMATION: The OCC Activities: Revision of an Approved comment or supporting materials that is requesting comment on the following Information Collection; Comment you consider confidential or revision to an approved information Request; Company-Run Annual Stress inappropriate for public disclosure. collection: Test Reporting Template and You may review comments and other Title: Company-Run Annual Stress Test Reporting Template and Documentation for Covered related materials that pertain to this Documentation for Covered Institutions Institutions With Total Consolidated information collection beginning on the with Total Consolidated Assets of $100 Assets of $100 Billion or More Under date of publication of the second notice Billion or More under the Dodd-Frank the Dodd-Frank Wall Street Reform and for this collection 1 by any of the Wall Street Reform and Consumer Consumer Protection Act following methods: • Protection Act. AGENCY: Office of the Comptroller of the Viewing Comments Electronically: OMB Control No.: 1557–0319. Currency, Treasury (OCC). Go to www.reginfo.gov. Click on the Description: Section 165(i)(2) of the ACTION: Notice and request for comment. ‘‘Information Collection Review’’ tab. Dodd-Frank Wall Street Reform and Underneath the ‘‘Currently under Consumer Protection Act 2 (Dodd-Frank SUMMARY: The OCC, as part of its Review’’ section heading, from the drop- Act) requires certain financial continuing effort to reduce paperwork down menu, select ‘‘Department of companies, including national banks and respondent burden, invites the Treasury’’ and then click ‘‘submit.’’ This and federal savings associations, to general public and other federal information collection can be located by conduct annual stress tests 3 and agencies to take this opportunity to searching by OMB control number requires the primary financial regulatory comment on a continuing information ‘‘1557–0319’’ or ‘‘Company-Run Annual agency 4 of those financial companies to collection as required by the Paperwork Stress Test Reporting Template and issue regulations implementing the Reduction Act of 1995 (PRA). Documentation for Covered Institutions stress test requirements.5 Under section In accordance with the requirements with Total Consolidated Assets of $100 165(i)(2), a covered institution is of the PRA, the OCC may not conduct Billion or More under the Dodd-Frank required to submit to the Board of or sponsor, and the respondent is not Wall Street Reform and Consumer Governors of the Federal Reserve required to respond to, an information Protection Act.’’ Upon finding the System (Board) and to its primary collection unless it displays a currently appropriate information collection, click financial regulatory agency a report at valid Office of Management and Budget on the related ‘‘ICR Reference Number.’’ such time, in such form, and containing (OMB) control number. On the next screen, select ‘‘View such information as the primary The OCC is soliciting comment Supporting Statement and Other financial regulatory agency may concerning a revision to a regulatory Documents’’ and then click on the link require.6 reporting requirement for national banks to any comment listed at the bottom of On October 9, 2012, the OCC and federal savings associations titled, the screen. published in the Federal Register a final ‘‘Company-Run Annual Stress Test • For assistance in navigating Reporting Template and Documentation www.reginfo.gov, please contact the 2 Public Law 111–203, 124 Stat. 1376, July 2010. for Covered Institutions with Total 3 12 U.S.C. 5365(i)(2)(A). Consolidated Assets of $100 Billion or 1 Following the close of the 60-Day comment 4 12 U.S.C. 5301(12). More under the Dodd-Frank Wall Street period for this notice, the OCC will publish a notice 5 12 U.S.C. 5365(i)(2)(C). Reform and Consumer Protection Act.’’ for 30 days of comment for this collection. 6 12 U.S.C. 5365(i)(2)(B).

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rule implementing the section 165(i)(2) assessments of capital adequacy and techniques or other forms of information annual stress test requirement.7 This overall capital planning. technology; and rule describes the reports and The OCC recognizes that many (e) Estimates of capital or start-up information collections required to meet covered institutions with total costs and costs of operation, the reporting requirements under consolidated assets of $100 billion or maintenance, and purchase of services section 165(i)(2). These information more are required to submit reports to provide information. collections will be given confidential using Comprehensive Capital Analysis Dated: October 25, 2018. treatment (5 U.S.C. 552(b)(4)) to the and Review (CCAR) reporting form FR Theodore J. Dowd, Y–14A.8 The OCC also recognizes the extent permitted by law. Deputy Chief Counsel, Office of the On May 24, 2018, the Economic Board has proposed to modify the FR Y– Comptroller of the Currency. 14A and, to the extent practical, the Growth, Regulatory Relief, and [FR Doc. 2018–23805 Filed 10–30–18; 8:45 am] Consumer Protection Act (EGRRCPA) OCC will keep its reporting BILLING CODE 4810–33–P amended provisions in the Dodd-Frank requirements consistent with the Act and provided that, eighteen months Board’s FR Y–14A in order to minimize 9 after EGRRCPA’s enactment, financial burden on covered institutions. DEPARTMENT OF THE TREASURY companies with total consolidated Therefore, the OCC is proposing to assets of less than $250 billion that are revise its reporting requirements to Bureau of the Fiscal Service not bank holding companies will no mirror the Board’s proposed FR Y–14A longer be subject to the company-run for covered institutions with total Proposed Collection of Information: stress testing requirements in section consolidated assets of $100 billion or Claims Against the United States for 165(i)(2) of the Dodd-Frank Act. In more. The proposed changes include Amounts Due in the Case of a contrast, on EGRRCPA’s date of changes to accommodate the revised Deceased Creditor enactment, bank holding companies asset threshold necessitated by ACTION: under $100 billion in total consolidated EGRRCPA. The proposed changes also Notice and request for assets were no longer subject to section include the removal of the Retail comments. 165(i)(2). In order to avoid unnecessary Repurchase worksheet and various SUMMARY: The Department of the burden for depository institutions and clarifications in the instructions. In Treasury, as part of its continuing effort to maintain consistency between bank addition to the changes that parallel the to reduce paperwork and respondent holding companies and depository Board’s proposed changes to the FR Y– burden, invites the general public and institutions, the OCC, Board, and 14A, the OCC is also proposing to other Federal agencies to take this Federal Deposit Insurance Corporation remove or modify certain items on the opportunity to comment on proposed extended the deadlines for all regulatory OCC supplemental schedule, which and/or continuing information requirements related to company-run collects additional information not collections, as required by the stress testing for depository institutions included in the FR Y–14A. Paperwork Reduction Act of 1995. Type of Review: Revision. with average total consolidated assets of Currently the Bureau of the Fiscal Affected Public: Businesses or other less than $100 billion until November Service within the Department of the 25, 2019 (at which time both statutory for-profit. Estimated Number of Respondents: Treasury is soliciting comments exemptions will be in effect). The OCC, concerning Claims Against the United in coordination with the Board and 23. Estimated Total Annual Burden: States for Amounts Due in the Case of Federal Deposit Insurance Corporation, a Deceased Creditor. is in the process of revising its stress 16,466 hours. The OCC believes that the systems DATES: Written comments should be testing regulation to incorporate covered institutions use to prepare the received on or before December 31, 2018 EGRRPCA’s amendments. FR Y–14 reporting templates to submit to be assured of consideration. In 2012, the OCC first implemented to the Board will also be used to prepare ADDRESSES: Direct all written comments the reporting templates referenced in the reporting templates described in this and requests for additional information the final rule. See 77 FR 49485 (August notice. Comments submitted in to Bureau of the Fiscal Service, Bruce A. 16, 2012) and 77 FR 66663 (November response to this notice will be Sharp, Room #4006–A, P.O. Box 1328, 6, 2012). The OCC is now revising them summarized and included in the request Parkersburg, WV 26106–1328, or as described below. for OMB approval. All comments will [email protected]. The OCC intends to use the data become a matter of public record. SUPPLEMENTARY INFORMATION: collected to assess the reasonableness of Comments are invited on: Title: Claims Against the United the stress test results of covered (a) Whether the collection of States for Amounts Due in the Case of institutions and to provide forward- information is necessary for the proper a Deceased Creditor. looking information to the OCC performance of the functions of the OMB Number: 1530–0004. regarding a covered institution’s capital OCC, including whether the information Form Number: SF–1055. adequacy. The OCC also may use the has practical utility; Abstract: The information is required results of the stress tests to determine (b) The accuracy of the OCC’s to determine who is entitled to funds of whether additional analytical estimate of the burden of the collection a deceased Postal Savings depositor or techniques and exercises could be of information; deceased award holder. The form appropriate to identify, measure, and (c) Ways to enhance the quality, properly completed with supporting monitor risks at the covered institution. utility, and clarity of the information to documents enables the Judgement Fund The stress test results are expected to be collected; Branch to decide who is legally entitled support ongoing improvement in a (d) Ways to minimize the burden of to payment. covered institution’s stress testing the collection on respondents, including Current Actions: Extension of a practices with respect to its internal through the use of automated collection currently approved collection. Type of Review: Regular. 7 77 FR 61238 (October 9, 2012) (codified at 12 8 http://www.federalreserve.gov/reportforms. Affected Public: Business or other for- CFR part 46). 9 83 FR 39093 (August 8, 2018). profit.

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Estimated Number of Respondents: to Bureau of the Fiscal Service, Bruce A. DEPARTMENT OF THE TREASURY 400. Sharp, Room #4006–A, PO Box 1328, Estimated Time per Respondent: 27 Parkersburg, WV 26106–1328, or Fiscal Service minutes. [email protected]. Estimated Total Annual Burden Bureau of the Fiscal Service Hours: 180. SUPPLEMENTARY INFORMATION: Request for Comments: Comments Title: Notice of Reclamation— Fee Schedule for the Transfer of U.S. submitted in response to this notice will Electronic Funds Transfer, Federal Treasury Book-Entry Securities Held on the National Book-Entry System be summarized and/or included in the Recurring Payment. request for OMB approval. All comments will become a matter of OMB Number: 1530–0003. Authority: 31 CFR 357.45. public record. Comments are invited on: Form Number: FS Form 133. AGENCY: Bureau of the Fiscal Service, 1. Whether the collection of information Abstract: FS Form 133 is utilized to Fiscal Service, Treasury. is necessary for the proper performance notify financial institutions of an ACTION: Notice. of the functions of the agency, including obligation to repay payments whether the information shall have SUMMARY: The Department of the erroneously issued to a deceased practical utility; 2. the accuracy of the Treasury (Treasury) is announcing a Federal benefit payment recipient. The agency’s estimate of the burden of the new fee schedule applicable to transfers collection of information; 3. ways to information collected from the financial of U.S. Treasury book-entry securities enhance the quality, utility, and clarity institutions is used by Treasury to close maintained on the National Book-Entry of the information to be collected; 4. out the request from a program agency System (NBES) that occur on or after ways to minimize the burden of the to collect an EFT payment from the January 2, 2019. collection of information on financial institution to which a DATES: Applicable January 2, 2019. beneficiary was not entitled. respondents, including through the use FOR FURTHER INFORMATION CONTACT: of automated collection techniques or Current Actions: Extension of a Brendan Griffiths, Bureau of the Fiscal other forms of information technology; currently approved collection. Service, 202–504–3550. and 5. estimates of capital or start-up Type of Review: Regular. SUPPLEMENTARY INFORMATION: Treasury costs and costs of operation, has established a fee structure for the Affected Public: Business or other for- maintenance, and purchase of services transfer of Treasury book-entry profit. to provide information. securities maintained on NBES. Dated: October 25, 2018. Estimated Number of Respondents: Treasury reassesses this fee structure Bruce A. Sharp, 223,128. periodically based on our review of the Bureau Clearance Officer. Estimated Time per Respondent: 8 latest book-entry costs and volumes. [FR Doc. 2018–23785 Filed 10–30–18; 8:45 am] minutes. For each Treasury securities transfer or reversal sent or received on or after BILLING CODE 4810–AS–P Estimated Total Annual Burden January 2, 2019, the basic fee will Hours: 29,750. decrease from $0.97 to $0.90. The DEPARTMENT OF THE TREASURY Request for Comments: Comments Federal Reserve System also charges a submitted in response to this notice will funds movement fee for each of these Bureau of the Fiscal Service be summarized and/or included in the transactions for the funds settlement request for OMB approval. All component of a Treasury securities Proposed Collection of Information: comments will become a matter of transfer.1 The surcharge for an off-line Notice of Reclamation—Electronic public record. Comments are invited on: Treasury book-entry securities transfer Funds Transfer, Federal Recurring 1. Whether the collection of information will remain at $70.00. Off-line refers to Payment is necessary for the proper performance the sending and receiving of transfer messages to or from a Federal Reserve of the functions of the agency, including ACTION: Notice and request for Bank by means other than on-line comments. whether the information shall have access, such as by written, facsimile, or practical utility; 2. the accuracy of the telephone voice instruction. The basic SUMMARY: The Department of the agency’s estimate of the burden of the Treasury, as part of its continuing effort transfer fee assessed to both sends and collection of information; 3. ways to receives is reflective of costs associated to reduce paperwork and respondent enhance the quality, utility, and clarity burden, invites the general public and with the processing of securities of the information to be collected; 4. other Federal agencies to take this transfers. The off-line surcharge, which ways to minimize the burden of the opportunity to comment on proposed is in addition to the basic fee and the collection of information on and/or continuing information funds movement fee, reflects the collections, as required by the respondents, including through the use additional processing costs associated Paperwork Reduction Act of 1995. of automated collection techniques or with the manual processing of off-line Currently the Bureau of the Fiscal other forms of information technology; securities transfers. Treasury does not charge a fee for Service within the Department of the and 5. estimates of capital or start-up account maintenance, the stripping and Treasury is soliciting comments costs and costs of operation, reconstitution of Treasury securities, the concerning the Notice of Reclamation— maintenance, and purchase of services wires associated with original issues, or Electronic Funds Transfer, Federal to provide information. Recurring Payment. Dated: October 25, 2018. 1 The Board of Governors of the Federal Reserve DATES: Written comments should be Bruce A. Sharp, System sets this fee separately from the fees assessed by Treasury. As of January 2, 2018, that fee received on or before December 31, 2018 Bureau Clearance Officer. to be assured of consideration. was $0.11 per transaction. For a current listing of [FR Doc. 2018–23778 Filed 10–30–18; 8:45 am] the Federal Reserve System’s fees, please refer to ADDRESSES: Direct all written comments https://www.frbservices.org/financial-services/ BILLING CODE 4810–AS–P and requests for additional information securities/index.html.

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interest and redemption payments. entry transfers of Government Agency The following is the Treasury fee Treasury currently absorbs these costs. securities, which are priced by the schedule that will take effect on January The fees described in this notice Federal Reserve, is set out in a separate 2, 2019, for book-entry transfers on apply only to the transfer of Treasury Federal Register notice published by NBES: book-entry securities held on NBES. the Federal Reserve. Information concerning fees for book-

TREASURY—NBES FEE SCHEDULE—EFFECTIVE JANUARY 2, 2019 [In Dollars]

Off-line Transfer type Basic fee surcharge

On-line transfer originated ...... 0.90 N/A On-line transfer received ...... 0.90 N/A On-line reversal transfer originated ...... 0.90 N/A On-line reversal transfer received ...... 0.90 N/A Off-line transfer originated ...... 0.90 70.00 Off-line transfer received ...... 0.90 70.00 Off-line account switch received ...... 0.90 0.00 Off-line reversal transfer originated ...... 0.90 70.00 Off-line reversal transfer received ...... 0.90 70.00

David A. Lebryk, Building E, Landover, MD 20785 and/or continuing information Fiscal Assistant Secretary. (Telephone: 202–874–9428). collections, as required by the [FR Doc. 2018–23713 Filed 10–30–18; 8:45 am] SUPPLEMENTARY INFORMATION: The rate Paperwork Reduction Act of 1995. BILLING CODE 4810–AS–P reflects the current value of funds to the Currently the Bureau of the Fiscal Treasury for use in connection with Service within the Department of the Federal Cash Management systems and Treasury is soliciting comments DEPARTMENT OF THE TREASURY is based on investment rates set for concerning States Where Licensed for purposes of Public Law 95–147, 91 Stat. Surety. Fiscal Service 1227 (October 28, 1977). Computed each DATES: Written comments should be year by averaging Treasury Tax and Bureau of the Fiscal Service received on or before December 31, 2018 Loan (TT&L) investment rates for the 12- to be assured of consideration. Notice of Rate to Be Used for Federal month period ending every September ADDRESSES: Direct all written comments Debt Collection, and Discount and 30, rounded to the nearest whole and requests for additional information Rebate Evaluation percentage, for applicability effective to Bureau of the Fiscal Service, Bruce A. each January 1. Quarterly revisions are Sharp, Room #4006–A, P.O. Box 1328, AGENCY: Bureau of the Fiscal Service, made if the annual average, on a moving Parkersburg, WV 26106–1328, or Fiscal Service, Treasury. basis, changes by 2 percentage points. [email protected]. The rate for calendar year 2019 reflects ACTION: Notice of rate to be used for SUPPLEMENTARY INFORMATION: the average investment rates for the 12- Federal debt collection, and discount Title: States Where Licensed for month period that ended September 30, and rebate evaluation. Surety. 2018. OMB Number: 1530–0009. SUMMARY: The Secretary of the Treasury Authority: 31 U.S.C. Section 3717. Abstract: Information is collected is responsible for computing and from insurance companies in order to Ronda L. Kent, publishing the percentage rate that is provide Federal bond approving officers used in assessing interest charges for Assistant Commissioner, Payment with this information. The listing of Management and Chief Disbursing Officer. outstanding debts owed to the states, by company, appears in Government (The Debt Collection Act of [FR Doc. 2018–23714 Filed 10–30–18; 8:45 am] Treasury’s Circular 570, ‘‘Surety 1982, as amended). This rate is also BILLING CODE 4810–AS–P Companies Acceptable on Federal used by agencies as a comparison point Bonds.’’ Current Actions: Extension of a in evaluating the cost-effectiveness of a DEPARTMENT OF THE TREASURY cash discount. In addition, this rate is currently approved collection. used in determining when agencies Bureau of the Fiscal Service Type of Review: Regular. should pay purchase card invoices Affected Public: Business or other for- when the card issuer offers a rebate. Proposed Collection of Information: profit. Notice is hereby given that the States Where Licensed for Surety Estimated Number of Respondents: applicable rate for calendar year 2019 is 262. 1.00 percent. ACTION: Notice and request for Estimated Time per Respondent: 1 comments. hour. DATES: January 1, 2019 through Estimated Total Annual Burden December 31, 2019. SUMMARY: The Department of the Hours: 262. FOR FURTHER INFORMATION CONTACT: Treasury, as part of its continuing effort Request for Comments: Comments Department of the Treasury, Bureau of to reduce paperwork and respondent submitted in response to this notice will the Fiscal Service, Payment burden, invites the general public and be summarized and/or included in the Management, E-Commerce Division other Federal agencies to take this request for OMB approval. All (LC–RM 349B), 3201 Pennsy Drive, opportunity to comment on proposed comments will become a matter of

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public record. Comments are invited on: sign vouchers certifying that he/she is Service within the Department of the 1. Whether the collection of information entitled to payment. Executed vouchers Treasury is soliciting comments is necessary for the proper performance are used as a basis for payment. concerning the Application For of the functions of the agency, including Current Actions: Extension of a Disposition Of Retirement Plan and/or whether the information shall have currently approved collection. Individual Retirement Bonds Without practical utility; 2. the accuracy of the Type of Review: Regular. Administration Of Deceased Owner’s agency’s estimate of the burden of the Affected Public: Business or other for- Estate. profit. collection of information; 3. ways to DATES: Written comments should be enhance the quality, utility, and clarity Estimated Number of Respondents: 1,400. received on or before December 31, 2018 of the information to be collected; 4. to be assured of consideration. ways to minimize the burden of the Estimated Time per Respondent: 30 ADDRESSES: Direct all written comments collection of information on minutes. and requests for additional information respondents, including through the use Estimated Total Annual Burden to Bureau of the Fiscal Service, Bruce A. of automated collection techniques or Hours: 700. Sharp, Room #4006–A, PO Box 1328, other forms of information technology; Request for Comments: Comments Parkersburg, WV 26106–1328, or and 5. estimates of capital or start-up submitted in response to this notice will [email protected]. costs and costs of operation, be summarized and/or included in the maintenance, and purchase of services request for OMB approval. All SUPPLEMENTARY INFORMATION: to provide information. comments will become a matter of Title: Application for Disposition of public record. Comments are invited on: Retirement Plan and/or Individual Dated: October 25, 2018. 1. Whether the collection of information Retirement Bonds Without Bruce A. Sharp, is necessary for the proper performance Administration of Deceased Owner’s Bureau Clearance Officer. of the functions of the agency, including Estate. [FR Doc. 2018–23786 Filed 10–30–18; 8:45 am] whether the information shall have OMB Number: 1530–0032. BILLING CODE 4810–AS–P practical utility; 2. the accuracy of the Form Number: FS Form 3565. agency’s estimate of the burden of the Abstract: The information is used to collection of information; 3. ways to support a request for recognition as a DEPARTMENT OF THE TREASURY enhance the quality, utility, and clarity person entitled to United States of the information to be collected; 4. Retirement Plan and/or Individual Bureau of the Fiscal Service ways to minimize the burden of the Retirement bonds which belonged to a collection of information on deceased owner when a legal Proposed Collection of Information: respondents, including through the use representative has not been appointed Voucher for Payment of Awards of automated collection techniques or for the estate and no such appointment is pending. ACTION: Notice and request for other forms of information technology; Current Actions: Extension of a comments. and 5. estimates of capital or start-up costs and costs of operation, currently approved collection. SUMMARY: The Department of the maintenance, and purchase of services Type of Review: Regular. Treasury, as part of its continuing effort to provide information. Affected Public: Individuals or to reduce paperwork and respondent Households. Dated: October 25, 2018. Estimated Number of Respondents: burden, invites the general public and Bruce A. Sharp, other Federal agencies to take this 350. Bureau Clearance Officer. opportunity to comment on proposed Estimated Time per Respondent: 20 and/or continuing information [FR Doc. 2018–23787 Filed 10–30–18; 8:45 am] minutes. collections, as required by the BILLING CODE 4810–AS–P Estimated Total Annual Burden Paperwork Reduction Act of 1995. Hours: 117. Currently the Bureau of the Fiscal Request for Comments: Comments DEPARTMENT OF THE TREASURY Service within the Department of the submitted in response to this notice will be summarized and/or included in the Treasury is soliciting comments Bureau of the Fiscal Service concerning the Voucher for Payment of request for OMB approval. All comments will become a matter of Awards. Proposed Collection of Information: public record. Comments are invited on: Application for Disposition of DATES: Written comments should be 1. Whether the collection of information Retirement Plan and/or Individual received on or before December 31, 2018 is necessary for the proper performance Retirement Bonds Without to be assured of consideration. of the functions of the agency, including Administration of Deceased Owner’s ADDRESSES: Direct all written comments whether the information shall have Estate and requests for additional information practical utility; 2. the accuracy of the to Bureau of the Fiscal Service, Bruce A. ACTION: Notice and request for agency’s estimate of the burden of the Sharp, Room #4006–A, PO Box 1328, comments. collection of information; 3. ways to Parkersburg, WV 26106–1328, or enhance the quality, utility, and clarity [email protected]. SUMMARY: The Department of the of the information to be collected; 4. SUPPLEMENTARY INFORMATION: Treasury, as part of its continuing effort ways to minimize the burden of the Title: Voucher for Payment of Awards. to reduce paperwork and respondent collection of information on OMB Number: 1530–0012. burden, invites the general public and respondents, including through the use Form Number: FS Form 5135. other Federal agencies to take this of automated collection techniques or Abstract: Awards certificate to opportunity to comment on proposed other forms of information technology; Treasury are paid annually as funds are and/or continuing information and 5. estimates of capital or start-up received from foreign governments. collections, as required by the costs and costs of operation, Vouchers are mailed to award holders Paperwork Reduction Act of 1995. maintenance, and purchase of services showing payments due. Award holders Currently the Bureau of the Fiscal to provide information.

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Dated: October 25, 2018. become a depositary of the Federal DEPARTMENT OF THE TREASURY Bruce A. Sharp, Government. They also execute an Bureau Clearance Officer. agreement from the financial Internal Revenue Service institutions they are authorized to [FR Doc. 2018–23789 Filed 10–30–18; 8:45 am] Open Meeting of the Taxpayer BILLING CODE 4810–AS–P pledge collateral to secure public funds with Federal Reserve Banks or their Advocacy Panel Joint Committee designees. AGENCY: Internal Revenue Service (IRS), DEPARTMENT OF THE TREASURY Current Actions: Extension of a Treasury. currently approved collection. Bureau of the Fiscal Service ACTION: Notice of meeting. Type of Review: Regular. SUMMARY: An open meeting of the Proposed Collection of Information: Affected Public: Business or other for- Taxpayer Advocacy Panel Joint Collateral Security Resolution and profit. Collateral Pledge and Security Committee will be conducted. The Agreement Estimated Number of Respondents: 15 Taxpayer Advocacy Panel is soliciting (2 forms each). public comments, ideas, and ACTION: Notice and request for Estimated Time per Respondent: 30 suggestions on improving customer comments. minutes (15 minutes each form). service at the Internal Revenue Service. SUMMARY: The Department of the Estimated Total Annual Burden DATES: The meeting will be held Treasury, as part of its continuing effort Hours: 7.5. Thursday, November 15, 2018. to reduce paperwork and respondent Request for Comments: Comments FOR FURTHER INFORMATION CONTACT: Fred burden, invites the general public and submitted in response to this notice will Smith at 1–888–912–1227 or (202) 317– other Federal agencies to take this be summarized and/or included in the 3087. opportunity to comment on proposed request for OMB approval. All SUPPLEMENTARY INFORMATION: Notice is and/or continuing information comments will become a matter of hereby given pursuant to Section collections, as required by the public record. Comments are invited on: 10(a)(2) of the Federal Advisory Paperwork Reduction Act of 1995. 1. Whether the collection of information Committee Act, 5 U.S.C. App. (1988) Currently the Bureau of the Fiscal is necessary for the proper performance that an open meeting of the Taxpayer Service within the Department of the of the functions of the agency, including Advocacy Panel Joint Committee will be Treasury is soliciting comments whether the information shall have held Thursday, November 15, 2018, at concerning Collateral Security practical utility; 2. the accuracy of the 1:00 p.m. Eastern Time via Resolution and Collateral Pledge and agency’s estimate of the burden of the teleconference. The public is invited to Security Agreement. collection of information; 3. ways to make oral comments or submit written DATES: Written comments should be enhance the quality, utility, and clarity statements for consideration. For more received on or before December 31, 2018 of the information to be collected; 4. information please contact Fred Smith to be assured of consideration. ways to minimize the burden of the at 1–888–912–1227 or (202) 317–3087, ADDRESSES: Direct all written comments collection of information on or write TAP Office, 1111 Constitution and requests for additional information respondents, including through the use Ave. NW, Room 1509, Washington, DC to Bureau of the Fiscal Service, Bruce A. of automated collection techniques or 20224 or contact us at the website: Sharp, Room #4006–A, P.O. Box 1328, other forms of information technology; http://www.improveirs.org. Parkersburg, WV 26106–1328, or and 5. estimates of capital or start-up The agenda will include various [email protected]. costs and costs of operation, committee issues for submission to the SUPPLEMENTARY INFORMATION: maintenance, and purchase of services IRS and other TAP related topics. Public Title: Collateral Security Resolution to provide information. input is welcomed. and Collateral Pledge and Security Dated: October 25, 2018. Dated: October 25, 2018. Agreement. OMB Number: 1530–0017. Bruce A. Sharp, Antoinette Ross, Form Number: FS 5902 and FS 5903. Bureau Clearance Officer. Acting Director, Taxpayer Advocacy Panel. Abstract: These forms are used to give [FR Doc. 2018–23788 Filed 10–30–18; 8:45 am] [FR Doc. 2018–23804 Filed 10–30–18; 8:45 am] authority to financial institutions to BILLING CODE 4810–AS–P BILLING CODE 4830–01–P

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Part II

Small Business Administration

13 CFR Parts 115, 121, 125, et al. Small Business HUBZone Program; Government Contracting Programs; Proposed Rules

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SMALL BUSINESS ADMINISTRATION HUBZone (D/HUB), 202–205–2985 or constructive dialogue with the Tribal [email protected]. community, Tribal Leaders, Tribal 13 CFR Parts 115, 121, 125, and 126 SUPPLEMENTARY INFORMATION: On Elders, elected members of Alaska RIN 3245–AG38 January 30, 2017, President Trump Native Villages or their appointed issued Executive Order 13771 directing representatives, and principals of Small Business HUBZone Program; federal departments and agencies to tribally-owned and Alaska Native Government Contracting Programs reduce regulatory burdens and control Corporations (ANC) owned firms regulatory costs. In response to this participating in the HUBZone program. AGENCY: U.S. Small Business directive, SBA initiated a review of all SBA has taken these discussions into Administration. of its regulations to determine which account in drafting this proposed rule. ACTION: Proposed rule. might be revised or eliminated. This In addition, SBA is proposing to proposed rule would implement implement section 1701(i) of the SUMMARY: The U.S. Small Business National Defense Authorization Act for Administration (SBA or Agency) revisions to the HUBZone program. The HUBZone program was established Fiscal Year 2018 (NDAA 2018), Public proposes to amend its regulations for Law 115–91, Dec. 12, 2017, which the Historically Underutilized Business pursuant to the HUBZone Act of 1997 (HUBZone Act), Title VI of the Small allows certain certified HUBZone small Zone (HUBZone) Program to reduce the business concerns to maintain their regulatory burdens imposed on Business Reauthorization Act of 1997, Public Law 105–135, enacted December HUBZone status until 2021, by HUBZone small business concerns and amending the definition of ‘‘HUBZone 2, 1997. The stated purpose of the government agencies, implement new small business concern.’’ HUBZone program is to provide for statutory provisions, and eliminate The major challenge with the ambiguities in the regulations. SBA has Federal contracting assistance to HUBZone program over the last two reviewed all of its HUBZone regulations HUBZone small business concerns. 15 decades is the lack of stability and and is proposing a comprehensive U.S.C. 657a(a). predictability for program participants. revision to the HUBZone Program to In general, HUBZone small business HUBZones change at different times clarify current HUBZone Program concerns are those that have a principal based on economic data. Once certified, policies and procedures and to make place of business located in a HUBZone it is unrealistic to expect a business changes that will benefit the small and 35 percent of their employees concern, or employee, to relocate in business community by making the residing in one or more HUBZones. order to attempt to maintain the HUBZone Program more efficient and After SBA certifies eligible businesses concern’s HUBZone status when the effective. The proposed amendments are into the program, they become eligible area where the business is located or the intended to make it easier for small for HUBZone contracting preferences. employee resides loses its HUBZone business concerns to understand and HUBZone areas are generally defined as status. This rule proposes changes that comply with the program’s areas with low income levels, high will help the HUBZone program achieve requirements and to make the HUBZone poverty and unemployment rates, its intended results—investment in program a more attractive avenue for Indian reservations, closed military communities and continued procuring agencies. bases, or disaster areas. employment. First, the rule proposes to SBA has not issued a comprehensive treat an individual as a HUBZone DATES: Comments must be received on regulatory amendment to the HUBZone or before December 31, 2018. resident if that individual worked for program since the program’s initial the firm and resided in a HUBZone at ADDRESSES: You may submit comments, implementation nearly twenty years the time the concern was certified or identified by RIN 3245–AG38, by any of ago, although SBA has issued numerous recertified as a HUBZone small business the following methods: smaller amendments to the HUBZone • concern and he or she continues to work Federal eRulemaking Portal: http:// Program to implement specific changes for that same firm, even if the area www.regulations.gov and follow the in 1998, 2001, 2004, 2005, 2007, 2009, where the individual lives no longer instructions for submitting comments. 2013, and 2016. As such, SBA’s review • qualifies as a HUBZone or the Mail (for paper, disk, or CD–ROM of the HUBZone program in response to individual has moved to a non- submissions): Mariana Pardo, Director, President Trump’s directive highlighted HUBZone area. Second, the proposed HUBZone Program, 409 Third Street several areas that needed revision. This rule would eliminate the burden on SW, Washington, DC 20416. proposed rule would clarify and modify HUBZone small businesses to Instructions: All submissions received a number of the regulations continually demonstrate that they meet must include the agency name and implementing the program to update the all eligibility requirements at the time of docket number or Regulatory rules to reflect SBA’s current policies, to each offer and award for any HUBZone Information Number (RIN) for this eliminate ambiguities in the regulations, contract opportunity. It is hard for many rulemaking. All comments received will and to reduce burdens on small firms to meet the requirement that at be posted on http:// businesses and procuring agencies. least 35% of the firm’s employees must www.regulations.gov. If you wish to As part of this proposed rulemaking live in a HUBZone. Firms with a submit confidential business process, SBA also held tribal significant number of employees have a information (CBI) as defined in the User consultations pursuant to Executive hard time meeting this requirement Notice at http://www.regulations.gov, Order 13175, Tribal Consultations, in because it is often difficult to find a please submit the comments to Mariana Anchorage, AK, Albuquerque, NM, and large number of individuals living in a Pardo and highlight the information that Oklahoma City, OK to provide HUBZone who possess the necessary you consider to be CBI and explain why interested tribal representatives with an qualifications. Smaller firms also have a you believe this information should be opportunity to discuss their views on hard time meeting this requirement held confidential. SBA will make a final various HUBZone-related issues. SBA because the loss of one employee could determination as to whether the considers tribal consultation meetings a adversely affect their HUBZone comments will be published or not. valuable component of its deliberations eligibility. If a certified HUBZone small FOR FURTHER INFORMATION CONTACT: and believes that these tribal business receives a Federal contract Mariana Pardo, Director, Office of consultation meetings allowed for (HUBZone or otherwise), it often must

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hire additional employees to perform II. Section-by-Section Analysis have at least 20% HUBZone employees and that it continues to attempt to hire the contract and would lose its status as 1. Definitions a certified HUBZone small business if it additional HUBZone residents in order no longer meets the requirement that at SBA has reviewed the current to reach 35%. SBA does not intend to least 35% of its employees reside in a definitions set forth in 13 CFR 126.103 require that employees be hired in any HUBZone. This makes it ineligible for and has determined that several particular order (i.e., in an order that any future HUBZone contracts. The definitions need to be revised, added, or ensures that at any moment in time, at eliminated to remove ambiguities and 35% HUBZone residency requirement least 20% of its total employees reside make the HUBZone program easier for also makes it hard for service in a HUBZone), but merely that it firms to use. contractors to perform contracts in other always have at least 20% HUBZone SBA proposes to delete the definitions employees once the hiring for contract locations. For example, if a firm wins a of ‘‘Alaska Native Village’’ and performance is complete (and continues contract in another state, it would most ‘‘ANCSA’’ (i.e., Alaska Native Claims to attempt to hire more HUBZone likely need to hire additional employees Settlement Act) and incorporate those employees). For example, if a certified from that state. If there is no HUBZone terms in an amended definition of HUBZone small business has 4 near that location, the firm would have ‘‘Alaska Native Corporation (ANC)’’ to employees, 2 of which reside in a to hire non-HUBZone residents to make the regulations more readable. perform the contract, which would most SBA proposes to amend the definition HUBZone, and wins a contract where it likely make it ineligible for future of ‘‘attempt to maintain’’ to clarify what will be required to hire an additional 11 HUBZone contracts. To alleviate these happens if a HUBZone small business employees to perform the contract, SBA problems, the proposed rule would concern’s HUBZone residency would not propose decertification if the require only annual recertification percentage drops too low. The Small first 8 new hires were non-HUBZone residents (meaning that for a time, only rather than immediate recertification at Business Act provides that a HUBZone 2 employees out of 12 would be the time of every offer for a HUBZone small business concern must ‘‘attempt HUBZone residents, which is less than contract award. This reduced burden on to maintain’’ compliance with the 35% 20% of the firm’s total employees), as certified HUBZone small businesses employee HUBZone residency long as the firm makes documented would allow a firm to remain eligible for requirement during the performance of a HUBZone contract. 15 U.S.C. efforts to hire HUBZone residents and at future HUBZone contracts for an entire least 1 of the remaining individuals year, without requiring it to demonstrate 632(p)(5)(A)(i)(II). This statutory requirement seeks to ensure that funds hired to perform the contract lives in a that it continues to meet all HUBZone from HUBZone contracts flow to HUBZone (i.e., after hiring is complete, eligibility requirements at the time it HUBZone areas and the residents of the firm employs 3 HUBZone residents submits an offer for each additional those areas, while at the same time out of a total of 15 employees, which HUBZone opportunity. A concern recognizing that a HUBZone small equals 20%, thus allowing the firm to be would represent that it is a certified business may need to hire additional deemed to have attempted to maintain HUBZone small business concern at the employees in order to fully meet the the 35% HUBZone resident time of each offer, but its eligibility terms of a contract. Under the ‘‘attempt requirement). Of course, SBA would not would relate back to the date of its to maintain’’ requirement, when hiring believe that a firm truly attempted to certification or recertification, not to the additional employees to perform on a maintain the 35% HUBZone resident date of the offer. The concern would be HUBZone contract, the HUBZone small requirement if it hired one HUBZone required to come into compliance with business must make efforts to hire resident (in the example above, if it the 35% HUBZone residency HUBZone residents in order to try to hired the third HUBZone resident in requirement again at the time of its maintain compliance with the 35% total, or first of the 11 supposedly hired annual recertification in order to HUBZone residency requirement. The to perform the newly awarded contract) continue to be eligible for additional current regulation provides that one day before its annual HUBZone HUBZone contracts after the one-year ‘‘attempt to maintain’’ means ‘‘making eligibility review and that individual certification period. During the tribal substantive and documented efforts really had no input in contract consultation process, SBA also received such as written offers of employment, performance. Thus, considering SBA’s a few comments recommending that published advertisements seeking desire not to insert itself into a firm’s SBA count ‘‘seasonal’’ employees in a employees, and attendance at job fairs.’’ business decisions in hiring individuals firm’s count of total employees for 13 CFR 126.103. SBA believes it is to perform a HUBZone contract and its purposes of determining whether it necessary to clarify that if the HUBZone responsibility to ensure that additional meets the 35% HUBZone residency residency percentage drops too low, HUBZone employees are in fact hired to requirement even if those individuals then SBA will find that the HUBZone perform the contract and that the overall are currently employed by the firm. SBA small business has not made its best purposes of the program are served, is concerned that counting any efforts to ‘‘attempt to maintain’’ SBA requests comments on how best to individuals who are not currently on a compliance with this requirement. look at this 20% minimum requirement. Therefore, SBA is proposing to amend SBA also believes that a lower firm’s payroll (in the anticipation that this definition to add that falling below percentage (i.e., allowing less than 20% they will again be employed by the firm 20% HUBZone residency during the HUBZone residents) would at some point) would allow firms to performance of a HUBZone contract will unreasonably diminish the impact of the circumvent the 35% residency be deemed a failure to attempt to program on the targeted areas and requirement and subject the program to maintain compliance with the statutory populations. However, SBA requests abuse. SBA requests comments on 35% HUBZone residency requirement. comments as to whether a different whether seasonal employees can or In such a case, SBA would propose that percentage is also reasonable and would should be counted and still maintain the the concern be decertified from the accomplish the objectives of the integrity of the eligibility requirements. HUBZone program. The concern would HUBZone program while not unduly SBA addresses each proposed then have the opportunity to burdening firms performing HUBZone amendment below. demonstrate that it in fact continues to contracts.

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SBA proposes to eliminate the per week, due to concerns that the 40 employee, about what SBA considers in- definition of ‘‘county unemployment hours per month requirement is not kind compensation, and about what rate’’ and incorporate it into the sufficient to stimulate employment in deferred compensation means. In definition of ‘‘qualified non- HUBZones. Considering the purpose of general, in-kind compensation is non- metropolitan county (QNMC),’’ as the HUBZone program to stimulate monetary compensation, or anything discussed further below. meaningful employment in other than cash, wages, salary or other The proposed rule would amend the communities with high unemployment, monetary benefit received in exchange definition of ‘‘D/HUB’’ to make clear SBA specifically requests comments on for work performed. An example of in- that this term refers to the Director of the number of hours SBA should require kind compensation is housing received SBA’s Office of HUBZone. in order to count an individual as an in exchange for work performed. SBA SBA proposes to amend the definition employee of the firm for HUBZone generally treats individuals receiving in- of ‘‘decertify’’ to clarify that the eligibility purposes. kind compensation as employees decertification procedures described in The proposed definition of because they are receiving an economic part 126 are applicable to firms which ‘‘employee’’ continues to specify that benefit from working for the firm, which voluntarily withdraw from the employees include temporary and is consistent with the purposes of the HUBZone program. If a certified leased employees, individuals obtained HUBZone program. In a previous HUBZone small business concern is through a union agreement, and those proposed rule amending the definition unable to recertify its HUBZone co-employed through a professional of ‘‘employee’’ to address in-kind eligibility at the time of its annual employer organization (PEO) agreement. compensation, SBA explained: ‘‘SBA recertification, or if it acquires, is To further respond to the number of intended the term compensation to be acquired by, or merges with another hours an individual must work in order read broadly and to encompass more concern and no longer meets the to be considered an employee of the than wages. Thus, a person who HUBZone eligibility requirements, it firm, SBA also requests comments on receives food, housing, or other non- should submit a request to SBA to whether SBA should count only full- monetary compensation in exchange for voluntarily withdraw. Upon receipt of time employees or full-time equivalents. work performed would not be such request, SBA will remove the firm The proposed definition clarifies that considered a volunteer under that as a certified HUBZone small business all owners of a HUBZone applicant or proposed regulation. SBA believes that concern from the Dynamic Small HUBZone small business who work at allowing volunteers to be counted as Business Search (DSBS) system. least 40 hours per month will be employees would not fulfill the purpose SBA proposes to amend the definition considered employees, regardless of of the HUBZone Act—job creation and of the term ‘‘employee.’’ This term is whether they receive compensation. economic growth in underutilized key to the HUBZone program since the This current interpretation responds to communities.’’ 67 FR 3826 (Jan. 28, basic HUBZone eligibility requirements situations where the counting of one 2002). SBA requests comments on for a small business are to have at least individual (i.e., a non-HUBZone whether it is reasonable to continue 35% of its employees residing in a resident owner who works at the firm treating in-kind compensation this way, HUBZone and to have a principal office but does not collect a direct salary and and on how to measure whether in-kind located in a HUBZone. SBA believes claims not to be an employee) would compensation is commensurate with that a clarification is necessary because render the firm ineligible for HUBZone work performed. There has also been the existing definition’s language—‘‘a participation. SBA believes that any some confusion surrounding SBA’s minimum of 40 hours per month’’—is time an owner works at least 40 hours treatment of deferred compensation. In ambiguous. The proposed rule would per month for the concern, he or she general, deferred compensation means explain that an individual is an should be counted as an employee. In employee if he or she works at least 40 addition, the proposed definition adds compensation that is not received at the hours during the four-week period that if the sole owner of a firm works time it is earned, but is received immediately prior to the relevant date— less than 40 hours during the four-week sometime in the future. SBA does not either the date the concern submits its period immediately prior to the relevant treat individuals receiving deferred HUBZone application to SBA or the date of review, but has not hired another compensation as employees for date of recertification. SBA will review individual to direct the actions of the HUBZone purposes because such a firm’s payroll records for the most concern’s employees, then that owner individuals are not receiving a present recently completed pay periods that will be considered an employee as well. economic benefit from working for the account for the four-week period The proposed definition clarifies that firm, which is not consistent with the immediately prior to the date of individuals who do not receive purpose of the HUBZone program. The application or date of recertification in compensation and those who receive Court of Federal Claims has found this order to determine which individuals deferred compensation are generally not policy to be reasonable. In Aeolus meet this definition. If the firm has considered employees. The proposed Systems, LLC v. United States, 79 Fed. weekly pay periods, then SBA will definition further clarifies that Cl. 1, 9 (2007), the Court held that: ‘‘(1) review the payroll records for the most individuals who receive in-kind the concept of deferred compensation is recently completed last four pay compensation commensurate with the contrary to the program’s goal of periods. If the firm has two-week pay work performed will be considered increasing gainful employment in periods, then SBA will review the employees. This means that an HUBZones, and (2) the identification of payroll records for the last two most individual who works at least 40 hours non-owner individuals who work for recently completed pay periods. If the per month and receives in-kind deferred compensation as ‘employees’ payroll records demonstrate that an compensation equaling the value of 10 would open up the HUBZone program individual worked forty or more hours working hours would generally not be to potential abuse.’’ during that four-week period, he or she considered an employee. SBA believes The proposed definition also clarifies would be considered an employee of the these clarifications are needed because that independent contractors who concern. Additionally, SBA is there has been confusion about whether receive compensation through Internal considering revising the requirement someone who receives in-kind Revenue Service (IRS) Form 1099 from 40 hours per month to 20 hours compensation should be considered an generally are not considered employees,

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as long as such individuals are not share customers; have similar names; and control requirements. SBA proposes considered to be employees for size have key employees participating in to revise the definition to state that purposes under SBA’s Size Policy each other’s business decisions; or have ‘‘HUBZone small business concern’’ or Statement No. 1. SBA believes that it hired each other’s former employees. ‘‘certified HUBZone small business would not make sense to find an For example, if John Smith owns 100% concern’’ means a small business individual to be an employee of a firm of Company A and 51% of Company B, concern that meets the requirements when determining the concern’s size, the two companies are affiliated under described in § 126.200 and that SBA has but to then not consider that same SBA’s size regulations based on certified as eligible for federal individual to be an employee when common ownership. Thus, SBA would contracting assistance under the determining compliance with HUBZone look at the totality of circumstances to HUBZone program. In addition, SBA eligibility rules. If an independent determine whether it would be proposes to replace the term ‘‘qualified contractor meets the employee test reasonable to treat the employees of HUBZone SBC’’ with the term ‘‘certified under SBA Size Policy Statement No. 1, Company B as employees of Company A HUBZone small business concern’’ to such individual should also be for HUBZone program purposes. If both make the regulations more clear, since considered an employee for HUBZone companies do construction work and firms must apply to SBA and be eligibility purposes. If someone is truly share office space and equipment, then certified as HUBZone small business acting as an independent contractor, SBA would find that there is not a clear concerns before they are can qualify to that individual is acting as a line of fracture between the firms, and receive the benefits of the HUBZone subcontractor, not an employee. Such would treat the employees of Company program. Accordingly, this rule an individual does not receive the same B as employees of Company A for proposes to remove the phrase benefits as an employee, but is also not HUBZone program purposes. This ‘‘qualified HUBZone SBC’’ or ‘‘qualified under the same control as an employee. means that the employees of Company HUBZone small business concern’’ The proposed rule also clarifies that B would be counted in determining everywhere it appears in SBA’s subcontractors are not considered Company A’s compliance with the 35% regulations and replace it with employees when determining HUBZone residency requirement and ‘‘certified HUBZone small business compliance with the HUBZone the principal office requirement. concern.’’ Conversely, SBA would not treat the eligibility rules. In addition, SBA proposes to employees of one company as Additionally, the proposed definition implement section 1701(i) of the NDAA employees of another for HUBZone states that employees of affiliates may 2018 in the amended definition of program purposes if the two firms be counted as employees of a HUBZone ‘‘HUBZone small business concern.’’ would not be considered affiliates for applicant or certified HUBZone small The NDAA 2018 was enacted on size purposes. SBA will look at the business concern, if the totality of December 12, 2017. Section 1701 of the totality of circumstances to determine circumstances demonstrates that there is act makes a number of amendments to whether it would be reasonable to treat no clear line of fracture between the sections 3(p) and 31 of the Small the employees of one concern as Business Act, 15. U.S.C. 632(p), 657a, concerns. This has always been SBA’s employees of another for HUBZone policy and this amendment is intended program purposes only where SBA first which govern the HUBZone program. to eliminate ambiguities in the determines that the two firms should be Most of these changes are not effective regulation. When looking at the totality considered affiliates for size purposes. until January 1, 2020, with the of circumstances to determine whether SBA specifically requests comments exception of the provision contained in individuals are employees of a concern, on these proposed changes to the section 1701(i). In enacting section SBA will review all information, definition of ‘‘employee.’’ SBA also 1701(i), Congress intended for small including criteria used by the Internal requests comments on how SBA should businesses located in redesignated areas Revenue Service (IRS) for Federal treat individuals who are employed that are set to expire to retain their income tax purposes and those set forth through an agreement with a third-party HUBZone eligibility until the date on in SBA’s Size Policy Statement No. 1. business that specializes in providing which SBA updates the HUBZone maps This means that SBA will consider the HUBZone resident employees to in accordance with the broader changes employees of an affiliate firm as prospective HUBZone small business described in section 1701. In other employees of the HUBZone small concerns for the specific purpose of words, firms that were certified business if there is no clear line of achieving and maintaining HUBZone HUBZone small business concerns as of fracture between the business concerns eligibility. For example, one individual the date of enactment (December 12, in question, the employees are in fact could work 10 hours per month for four 2017), and that had principal offices shared, or there is evidence of separate businesses and be counted as a located in redesignated areas set to intentional subterfuge. When HUBZone resident employee for each of expire prior to January 1, 2020, shall determining whether there is a clear line those businesses. SBA has seen this remain certified HUBZone small of fracture, SBA will review, among arrangement several times in recent business concerns until SBA updates other criteria, whether the firms: years and requests public input on the HUBZone maps after the 2020 Operate in the same or similar line of whether such an arrangement is decennial census, so long as all other business; operate in the same consistent with the purposes of the HUBZone eligibility requirements geographic location; share office space HUBZone program and/or how such described in § 126.200 are met. This or equipment; share any employees; arrangements should be structured in means that in order to continue to be share payroll or other administrative or order to be consistent with such considered a certified HUBZone small support services; share or have similar purposes. business concern, the firm must: websites or email addresses; share SBA proposes to revise the definition Continue to meet the HUBZone telephone lines or facsimile machines; of ‘‘HUBZone small business concern’’ ownership and control requirements; have entered into agreements together to remove ambiguities in the regulation. continue to meet the 35% HUBZone (e.g., subcontracting, teaming, joint Currently, the definition of this term is residency requirement; and maintain its venture, or leasing agreements) or copied directly from the Small Business principal office in the redesignated area otherwise use each other’s services; Act and addresses only the ownership or another qualified HUBZone. SBA

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notes that to implement this change, principal office is located in a to make clear that SBA interprets ‘‘the SBA will ‘‘freeze’’ the HUBZone maps HUBZone. SBA counts all employees of date the Administrator makes a final with respect to qualified census tracts, the concern, other than those employees determination as to whether or not to qualified non-metropolitan counties, who work at jobsites. This includes both implement the applicable designations’’ and redesignated areas. As a result, for HUBZone residents and non-HUBZone to mean the date that the public data is all redesignated areas in existence on residents. SBA is proposing this released. December 12, 2017, the expiration of clarification because some applicants SBA proposes to amend the definition their HUBZone treatment has been have been under the mistaken of ‘‘qualified census tract’’ to make the extended until December 31, 2021. SBA impression that only HUBZone resident regulation more readable. The proposed selected this date because SBA employees are counted for purposes of definition provides the criteria used to estimates that the HUBZone maps will determining a firm’s principal office, define the term in the Internal Revenue have been updated to incorporate the but this is not and has never been SBA’s Code, rather than simply cross- results of the 2020 census and to reflect intent. In addition, SBA proposes to add referencing it as the regulation currently the broad changes mandated by section that in order for a location to be does. 1701 by that time, and selecting a considered a concern’s principal office, SBA proposes to eliminate the specific date provides stability to the concern must demonstrate that it definition of ‘‘qualified HUBZone SBC,’’ program participants. With respect to conducts business at this location. SBA as discussed above. the 35% residency requirement, SBA has included this clarification to SBA proposes to amend the definition notes that an employee of a certified address situations such as when firms of ‘‘qualified non-metropolitan county’’ HUBZone small business concern who are only able to provide a lease to include Difficult Development Areas resided in a redesignated area as of document but not utility bills. SBA (DDAs) and to reflect SBA’s current December 12, 2017, will continue to be believes that evidence that business is policy of utilizing the most recent data treated as a HUBZone resident through being conducted at the location is from the Local Area Unemployment December 31, 2021. necessary to ensure the purposes of the Statistics report, which is annually produced by the Department of Labor’s SBA proposes to eliminate the HUBZone Program are being fulfilled. Bureau of Labor and Statistics. The definition of ‘‘median household Finally, SBA proposes to add examples proposed definition explains that a DDA income’’ and incorporate it into the to the definition of principal office, to is an area defined by the Department of definition of ‘‘qualified non- illustrate how the agency treats Housing and Urban Development that is metropolitan county,’’ to make the situations in which employees work at within Alaska, Hawaii, or any territory regulations more readable and to clarify multiple locations. The first example or possession of the United Sates that SBA obtains the data on median provides that if an employee spends outside the 48 contiguous states. DDAs household income from the Bureau of more than 50% of his or her time at one may be HUBZones if they are also the Census’ publication titled, location, the employee is deemed to ‘‘American Community Survey 5-year nonmetropolitan counties. SBA notes work at that location. If the employee that it has been including qualified non- estimates.’’ does not spend more than 50% of his or SBA also proposes to remove the metropolitan counties that are DDAs in her time at any one location, then definition of ‘‘non-metropolitan’’ and its program since the statutory authority generally the employee will be deemed incorporate it into the definition of was enacted, but had not yet amended to work at a non-HUBZone location ‘‘qualified non-metropolitan county’’ to the term qualified non-metropolitan (assuming all locations are not in make the regulations more clear and county to include DDAs. HUBZones). SBA specifically requests explain that the term ‘‘non- SBA proposes to amend the definition comments on these proposed changes. metropolitan’’ is defined by the Bureau of ‘‘redesignated area’’ to delete an of the Census, United States Department SBA proposes to amend the definition obsolete reference to the 2010 census. of Commerce, in its publications on the of ‘‘qualified base closure area’’ to SBA proposes to define ‘‘redesignated Census of Population, Social and remove ambiguities in the regulation area’’ as a census tract or non- Economic Characteristics. and to be consistent with SBA’s metropolitan county that remains SBA proposes to remove the interpretation of the statutory text. In qualified as a HUBZone for 3 years after definition of ‘‘metropolitan statistical paragraph (1)(i) of the definition, SBA the date on which the area ceased to be area’’ and incorporate it into the proposes to replace the language ‘‘The either a qualified census tract or a definitions of the terms ‘‘qualified date the Administrator makes a final qualified non-metropolitan county. census tract’’ and ‘‘qualified non- determination as to whether or not to The proposed rule would also amend metropolitan county’’ to make the implement the applicable designations the definition of ‘‘reside.’’ This term is regulations more readable. in accordance with the results of the used when analyzing whether an SBA proposes to add a definition for decennial census conducted after the employee should be considered a ‘‘primary industry classification’’ that area was initially designated as a base HUBZone resident for purposes of refers to SBA’s definition of such term closure area’’ with ‘‘the date on which determining a firm’s compliance with in 13 CFR 121.107. To be certified into the results of the decennial census the 35% HUBZone residency the HUBZone program, an applicant conducted after the area was initially requirement. SBA proposes to remove must be small, which means it must designated as a base closure area are the reference to primary residence, to meet the size standard corresponding to released.’’ In paragraph (2), SBA eliminate the requirement that an the North American Industry proposes to replace the language ‘‘until individual demonstrate the intent to live Classification System (NAICS) code such time as the Administrator makes a somewhere indefinitely, and to provide associated with its primary industry final determination as to whether or not clarifying examples. SBA proposes to classification. to implement the applicable remove the reference to primary SBA proposes to amend the definition designations in accordance with the residence because many individuals do of ‘‘principal office’’ to eliminate results of the 2020 decennial census are not have primary residences as the term ambiguities in the regulation. SBA released’’ with ‘‘until the results of the is traditionally defined. SBA proposes proposes to clarify that when 2020 decennial census are released.’’ to remove the requirement to prove determining whether a concern’s SBA believes these changes are needed intent to live somewhere indefinitely

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because SBA does not have a reasonably An individual who already qualified as excludes the concern’s employees who reliable method of enforcing this a HUBZone resident for a certified perform the majority of their work at requirement. In the alternative, SBA HUBZone small business would job-site locations. That exclusion, proposes that ‘‘reside’’ means to live at continue to be treated as a resident of however, applies only to the principal a location full-time and for at least 180 a HUBZone for HUBZone program office determination, and not to whether days immediately prior to the date of eligibility purposes as long as he or she a concern meets the 35% HUBZone application or date of recertification, as continued to work for the same certified residency requirement. The proposed applicable. SBA believes that this is HUBZone small business. SBA believes rule seeks to clarify SBA’s intent. In consistent with the purposes of the that this proposal strikes the right addition, SBA proposes to change its HUBZone program, while taking into balance between acknowledging the application of how SBA requires a firm account the realities of the unique living increased prevalence of overseas to meet the 35% residency requirement arrangements that may be utilized by contracting by small businesses and the when the calculation results in a certain small business’ workforces. The need to ensure that the program benefits fraction. Previously, when the definition also makes clear that to HUBZone areas. However, SBA requests calculation of 35% of a concern’s total determine an individual’s residence, comments on this issue. employees resulted in a fraction, SBA SBA will first look to an individual’s SBA proposes to eliminate the would round up to the nearest whole address as identified on his or her definition of ‘‘small disadvantaged number. For example, under the current driver’s license or voter’s registration business (SDB)’’ because SBA no longer rule, if a firm has 6 total employees, card, which is SBA’s current and long- certifies firms as SDBs, and SDB set- since 35% of 6 is 2.1, then SBA would standing policy. Where such asides and price evaluation preferences round 2.1 up to 3 and require the firm documentation is not available, SBA no longer exist. However, the term SDB to employ 3 HUBZone residents to meet will require other specific proof of continues to be defined in part 124 for the 35% HUBZone residency residency, such as deeds or leases, or use in other contexts such as requirement. This rule proposes utility bills. Additionally, this rule also subcontracting. rounding to the nearest whole number, proposes examples to add clarity to Finally, SBA proposes to remove the rather than rounding up in every these revisions. SBA specifically definition of ‘‘statewide average instance. This means that if 35% of a requests comments on these proposed unemployment rate’’ and incorporate it firm’s employees equates to X plus .49 changes. into the definition of ‘‘qualified non- or less, SBA would round down to X metropolitan county’’ to make the and not up to the next whole number. In addition, SBA notes that more regulations more readable and to clarify Thus, in the example above, SBA would small businesses are performing that the statewide average round 2.1 down to 2 and would only contracts overseas and are faced with unemployment rate is determined using require the firm to employ 2 HUBZone the problem of how to treat those the Local Area Unemployment Statistics residents. SBA believes that this employees who reside in a HUBZone report, which is produced by the proposed change would have a minimal when in the United States or its Department of Labor’s Bureau of Labor impact, but would clear up confusion territories, but are temporarily residing Statistics. that several small businesses seeking overseas to perform a contract. SBA 2. Eligibility Requirements HUBZone status have encountered. proposes that it will consider the In addition, SBA has proposed new residence located in the United States as SBA proposes to reorganize § 126.200 examples relating to the HUBZone that employee’s residence, if the to make the section more readable and residency requirement. With respect to employee is working overseas for the to make the HUBZone eligibility the principal office and HUBZone period of a contract. SBA believes that requirements more clear. residency requirements for tribally as long as that employee can provide With respect to the 35% HUBZone owned entities, SBA has clarified the documents showing he or she is paying residency requirement, SBA proposes to regulatory language without making any rent or owns a home in a HUBZone, clarify that all employees are counted substantive changes to the rule. then the employee should be counted as when determining a concern’s Specifically, the proposed rule would a HUBZone resident in determining compliance with this requirement, replace the word ‘‘adjoining’’ with the whether the small business meets the regardless of where the employee word ‘‘adjacent’’ as it was used to 35% HUBZone residency requirement. performs his or her work. This has describe HUBZones neighboring Indian Because of the proposed change, always been SBA’s policy, but it appears reservations, because SBA believes this discussed below (which treats an that some applicants have term is more accurate. individual as a HUBZone resident if that misinterpreted SBA’s rules. SBA has In order to provide stability and individual resided in a HUBZone at the received several comments indicating certainty for program participants, SBA time his or her employer was certified that some in the community mistakenly is also proposing that an employee that into the HUBZone program or at the believe that SBA would look only at resides in a HUBZone at the time of a time he or she first worked for the those employees performing work in the HUBZone small business concern’s certified HUBZone small business principal office, and not any employees certification or recertification shall concern (i.e., the individual was hired performing work at job site locations, in continue to count as a HUBZone after the firm was certified into the determining whether the firm meets the employee as long as the individual HUBZone program), so long as he or she 35% HUBZone residency requirement. remains an employee of the firm, even continues to work for that same firm, This has never been the case. SBA if the employee moves to a location that even if the area where the individual counts all individuals considered is not in a qualified HUBZone area or lives no longer qualifies as a HUBZone ‘‘employees’’ under the HUBZone the area where the employee’s residence or the individual has moved to a non- definition of the term toward the 35% is located is redesignated and no longer HUBZone area) this provision would HUBZone residency requirement. SBA qualifies as a HUBZone. SBA have meaning only with respect to firms believes that the misunderstanding understands that a few HUBZone that have employees performing stems from the definition of the term concerns have become ineligible for overseas contracts and are applying to ‘‘principal office.’’ In determining a further HUBZone contracts merely the HUBZone program for the first time. concern’s ‘‘principal office,’’ SBA because one or two of their employees

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have moved their residences from a any affiliate in order for SBA to not Further, SBA proposes to clarify that HUBZone to non-HUBZone area. This count the affiliate’s employees when after an application has been submitted, has placed such businesses in the determining the concern’s principal the applicant must notify SBA of any unenviable position of firing those office or compliance with the 35% changes that could affect its eligibility. individuals and replacing them with residency requirement. The above The applicant would have to provide other individuals currently living in a supplementary information on the information and documents to support HUBZone, or allowing the individuals proposed definition of the term the changes. to remain on the payroll and either ‘‘employee’’ discusses this issue in more SBA also proposes to clarify that if an becoming ineligible for the HUBZone detail. applicant believes that an area is a program or having to hire additional In § 126.205, SBA proposes to delete HUBZone but SBA’s website is not HUBZone individuals that might cause the following: ‘‘Participation in other showing the area to be a qualified a substantial hardship on very small SBA Programs is not a requirement for HUBZone, the applicant must note this businesses by increasing costs and participation in the HUBZone Program.’’ on the application. Further, the reducing profits of those businesses. SBA believes that this language is applicant must provide documents One of the purposes of the program is unnecessary and may merely confuse demonstrating why it believes that the to promote job creation for individuals prospective HUBZone small businesses. area meets the statutory criteria of a living in HUBZones, enabling them to In § 126.206, SBA proposes to replace HUBZone. It cannot merely assert that it better their lives and their communities. the term ‘‘non-manufacturers’’ with believes the area is underutilized and Someone who is hired by a HUBZone ‘‘nonmanufacturers’’ to be consistent should be a HUBZone; it must show that small business concern and who is then with SBA’s regulations at § 121.406(b). the area meets the statutory criteria. SBA proposes to delete and reserve able to better the lives of his or her SBA proposes to amend the title and § 126.305, addressing what format the family by moving to a different location text of § 126.207 to clarify that a certification to SBA must take, because outside a HUBZone area (due to that HUBZone small business concern may this is addressed in § 126.303. newly created job) should not face have multiple offices, as long as the losing his or her job because the SBA proposes several changes to firm’s principal office is located in a § 126.306. First, SBA proposes to clarify HUBZone small business concern HUBZone, and to clarify that a different cannot maintain its HUBZone eligibility that the agency must receive all required rule applies to concerns owned by information, supporting documents, and with that individual on the payroll. Indian Tribal Governments. Under this proposed change, a certified a completed HUBZone representation HUBZone small business concern 3. Certification before it will begin processing a would have to maintain records of the concern’s application and that SBA will The HUBZone program is a make a final decision within 90 employee’s original HUBZone address, certification program. In other words, a as well as records of the individual’s calendar days after receipt of a complete small business concern must submit an package, whenever practicable. SBA continued and uninterrupted application and supporting documents employment by the HUBZone small proposes to clarify that the burden of to SBA in order for SBA to determine proof to demonstrate eligibility is on the business concern, for the duration of the eligibility and certify the company into firm’s participation in the HUBZone applicant concern and if the concern the program. SBA has proposed several does not provide requested information program. clarifications to its certification process. Further, SBA proposes to clarify in within the allotted time provided by proposed § 126.200(g) that the concern SBA proposes to amend § 126.300 by SBA, or if it submits incomplete and its owners cannot have an active breaking up the section to make it information, SBA may presume that exclusion in the System for Award clearer and more readable, to move the disclosure of the missing information Management and be certified into the discussion of the adverse inference rule would adversely affect the business program. SBA believes that this to § 126.306, and to clarify that SBA concern and demonstrate a lack of logically follows from a debarred or may conduct site visits, conduct eligibility in the area or areas to which suspended status, but would amend the independent research, and review the information relates and decline the regulations for clarity nevertheless. additional information (such as tax and applicant. Debarred/suspended entities are property records, public utility records, Similarly, SBA proposes to clarify ineligible for federal contracting postal records, and other relevant that an applicant must be eligible as of assistance and would thus not receive information). the date it submitted its application and any benefits from being certified as a SBA proposes to revise § 126.303 to up until the time the D/HUB issues a HUBZone small business concern. update the instructions for submitting decision. SBA cannot certify a business In § 126.204, SBA proposes to clarify electronic applications. into the program that does not meet the that a HUBZone small business concern This proposed rule would also clarify eligibility requirements at that time. may have affiliates, but the affiliate’s that an applicant must submit a SBA proposes to amend § 126.307 to employees may be counted as completed application and all make a general reference to the website employees of the HUBZone applicant/ documents and a representation that it where SBA identifies where firms are participant when determining the meets the program’s requirements as of listed as certified HUBZone small concern’s compliance with the principal the date of the application and that the business concerns so that the regulation office and 35% percent HUBZone information provided and any itself does not have to be updated every residency requirements. Proposed subsequent information provided is time a change in the website location § 126.204 clarifies that where there is complete, true and accurate. Further, occurs. The proposed rule would also evidence that a HUBZone applicant/ SBA proposes to require that the delete the reference to the ability of participant and its affiliate are representation be electronically signed requesters to obtain a copy of the list of intertwined and acting as one, SBA will by a person who is authorized to certified HUBZone small business count the employees of one as represent the concern. SBA believes that concerns by writing to the D/HUB at employees of the other. The HUBZone this should either an owner or officer of SBA. An interested party may find all applicant or concern must demonstrate the applicant, and not an administrative firms that are certified HUBZone small a clear line of fracture between it and employee acting on behalf of an officer. business concerns by searching the

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Dynamic Small Business Search (DSBS) date of decline. If a concern that has that they continue to meet all of the system, and can verify a specific been declined requests reconsideration HUBZone eligibility requirements, concern’s HUBZone certification. SBA and the decline is affirmed, the concern instead of requiring them to undergo a believes that the availability of this could apply for certification 90 calendar recertification by SBA every three years. search function makes written requests days after the date of the D/HUB’s The proposed rule also provides that an outdated and inefficient way of decision on the request for when a concern fails to submit its obtaining current information about reconsideration. annual recertification to SBA, SBA will certified HUBZone small business start proceedings to decertify the 4. Program Examinations concerns. concern. SBA proposes to amend § 126.308 to As part of SBA’s oversight SBA proposes to amend § 126.501 to clarify that certified HUBZone small responsibilities for the HUBZone clarify that once certified, a HUBZone business concerns cannot ‘‘opt out’’ of program, SBA monitors the HUBZone small business concern will remain being publicly displayed in the DSBS program and certified HUBZone small eligible for HUBZone contract awards system. All certified HUBZone small business concerns, and verifies for one year from the date of business concerns appear in DSBS as information submitted by HUBZone certification, provided that the concern certified HUBZone small business applicants, by conducting program qualifies as small for the size standard concerns, and those not so appearing examinations. corresponding to the NAICS code will not be eligible for HUBZone SBA proposes to revise § 126.401 to assigned to the contract. On the one- contracts. Contracting officers refer to clarify what a program examination is. year anniversary of the certification, the DSBS to ensure that potential awardees The proposed rule would provide that a firm would be required to recertify that are in fact HUBZone certified small program examination is a review by it continues to meet the HUBZone business concerns. SBA that verifies the accuracy of any eligibility requirements or voluntarily SBA proposes to revise § 126.309 to certification made or information withdraw from the HUBZone program. add a new provision permitting a firm provided as part of the HUBZone Although requiring annual to submit a formal request for application or recertification process. recertification instead of every three reconsideration when it receives a SBA proposes to revise § 126.403 to years may appear to impose additional determination denying admission to the clarify what SBA will review during a burdens on a HUBZone small business HUBZone program. Under the proposed program examination. SBA would be concern, the annual recertification regulation, the business would be able able to review any information related burden would be easily offset by the to submit a request for reconsideration to the concern’s HUBZone eligibility, elimination of the requirement that a within 15 calendar days after receiving including documentation related to the firm must demonstrate that it continues SBA’s decision. SBA will presume that concern’s ownership and principal to be an eligible HUBZone small written notice was provided if SBA office, compliance with the 35% business concern both at the time of sends a communication to the concern HUBZone residency requirement, and offer and time of award for any at an address, email address, or fax the concern’s ‘‘attempt to maintain’’ HUBZone contract. As set forth in number provided in the concern’s 35% of its employees from a HUBZone proposed § 126.501(a), once SBA System for Award Management (SAM) during the performance of a HUBZone certifies a concern as eligible to (or any successor system) profile. The contract. participate in the HUBZone program, applicant would be required to set forth SBA proposes to add a new § 126.404 the concern would be treated as an the reasons why it believes the D/HUB’s to provide the procedures and possible eligible HUBZone small business for all initial decision was erroneous and outcomes of a program examination. HUBZone contracts for which the include information and documentation Whether the concern is applying to the concern qualifies as small for a period pertinent to overcoming the reasons for HUBZone program for the first time, is of one year from the date of its initial the initial decline, whether or not undergoing a recertification analysis, or certification or its annual recertification. available at the time of initial is subject to a program examination for Thus, any certification that the firm application. another reason, SBA’s program makes representing that it qualifies as a Proposed § 126.309(a)(4) would examination can result in a decision HUBZone small business concern explain that SBA would not add a finding the concern either to be eligible relates back to the initial certification or concern to DSBS as a certified HUBZone to participate in the program (either for annual recertification. The HUBZone small business concern during the the first time or to be able to continue concern would not have to review and reconsideration process. SBA would in the program), or not eligible to demonstrate its continued compliance recognize a concern as a certified participate in the program (which with all HUBZone eligibility HUBZone small business concern in would result in a disapproval of an requirements throughout the year for DSBS only if the D/HUB certifies the application or the decertification of a each new HUBZone contract that it concern into the program. The D/HUB HUBZone concern). The proposed seeks. would have 30 calendar days to issue a regulation provides that SBA will make HUBZone status protests would also decision and could either approve the its determination within 90 calendar relate back to the date of initial application, deny it on the same days after receiving all requested certification or most recent annual grounds as the original decision, or information, when practicable, and that recertification (except for protests deny it on other grounds. If the D/HUB possible outcomes of a program against HUBZone joint ventures). Thus, declines the application solely on issues examination include certification, the protest would have to demonstrate not raised in the initial decline, the denial of certification, continued that the information relied on by SBA in applicant could ask for reconsideration certification, or proposed certifying or recertifying the concern as as if it were an initial decline. decertification. an eligible HUBZone small business SBA proposes that if a concern that concern was incorrect, not that there has been declined does not request 5. Maintaining HUBZone Status may have been changed circumstances reconsideration of the D/HUB’s SBA proposes to amend § 126.500 to since that certification that would decision, the concern could reapply for require HUBZone small business render the concern ineligible. For certification 90 calendar days after the concerns to recertify annually to SBA HUBZone status protests filed against a

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HUBZone joint venture in connection concern from DSBS. In addition, the concerns would no longer be required to with a HUBZone contract, a protester proposed rule would authorize SBA to meet the 35% HUBZone residency could challenge both the HUBZone propose decertification of a HUBZone requirement at all times while certified status of the HUBZone member(s) of the small business concern that is in the program. This means that they no joint venture and the joint venture’s performing one or more HUBZone longer would have to meet this compliance with the requirements contracts if SBA determines that the requirement at the time of offer and time governing HUBZone joint ventures, concern no longer has at least 20% of of award for a HUBZone contract. including the contents of the joint its employees living in a HUBZone. As HUBZone small businesses would venture agreement. If a protester identified above, the proposed rule has continue to have to ‘‘attempt to challenged the HUBZone status of the defined the statutory requirement that a maintain’’ compliance with this HUBZone member(s) of the joint HUBZone small business concern requirement during the performance of venture, the protest would relate back to ‘‘attempt to maintain’’ compliance with a HUBZone contract. With respect to the date of that firm’s initial the 35% HUBZone while performing a HUBZone status for the underlying certification or annual recertification HUBZone contract to mean having not contract, the agency will get credit if the (whichever was more recent) and the less than 20% HUBZone employees. firm was in the HUBZone program at firm’s HUBZone status would be During the proposed decertification the time of offer, and that status will determined as of that date. If the process, the concern could demonstrate continue unless and until recertification protester challenged the joint venture’s that it does in fact continue to have at for the contract is required. compliance with the HUBZone joint least 20% HUBZone employees and has 7. Protests venture requirements set forth in otherwise attempted to meet the 35% § 126.616, the protest would relate to requirement. SBA proposes to amend § 126.801 to the date on which the joint venture SBA proposes to amend § 126.504 to clarify how a HUBZone status protest submitted its initial offer including reflect the various ways that a HUBZone should be filed and referred to SBA. price and the joint venture’s compliance small business concern could lose its Among other clarifications, SBA with § 126.616 would be determined as designation in DSBS as a certified proposes to clarify that HUBZone status of that date. SBA will also utilize the HUBZone small business concern, protests may be filed against HUBZone program examination mechanism to including if it has: (1) Been decertified joint ventures. The grounds for such review the status of selected firms on as a result of a protest; (2) been protests would include (1) arguments the date of initial certification or decertified as a result of the procedures that the HUBZone small business recertification. set forth in the regulations; or (3) concern partner(s) to the joint venture The proposed rule would also clarify submitted a voluntary withdrawal did not meet the HUBZone eligibility that a HUBZone small business concern agreement to SBA. SBA proposes to add requirements set forth in § 126.200 at could voluntarily withdraw from the a new § 126.506 to provide that a the time of the concern’s initial program at any time. This may be decertified firm could reapply for certification or most recent annual because the concern believes that it no admission to the HUBZone program recertification, and (2) arguments that longer meets the program’s eligibility after ninety (90) calendar days. This is the HUBZone joint venture did not meet requirements and could not be the current rule for reapplying, but SBA the requirements set forth in § 126.616 recertified or it may simply no longer has moved it to a new section to make at the time the joint venture submitted want to participate in the program for a the process clearer. its offer for the HUBZone contract. For variety of other reasons. The proposed consistency purposes, SBA proposes to 6. Contractual Assistance rule would also clarify that any firm that also make these clarifications for voluntarily withdraws from the program SBA proposes to revise § 126.601 to Service-Disabled Veteran-Owned could reapply to the program at any remove the discussion of the (SDVO) small business joint ventures point after 90 calendar days from the acquisition-related dollar thresholds in and Women-Owned Small Business date it was decertified. For a firm that paragraph (a) because this does not (WOSB) joint ventures by amending voluntarily withdrew because it no relate to additional requirements a sections 125.28(b) and 127.602. For the longer met all the HUBZone eligibility certified HUBZone small business SDVO and WOSB programs, unlike the requirements, it could make the concern must meet to submit an offer on HUBZone program, the eligibility of the necessary changes that would enable it a HUBZone contract. In addition, SBA SDVO/WOSB joint venture partner to come back into compliance and proposes to move the discussion of would continue to be determined as of reapply to the program after 90 days. compliance with the limitations on the date of offer. SBA proposes to amend § 126.503 to subcontracting for multiple award SBA proposes to amend § 126.803, clarify that if SBA is unable to verify a contracts currently in paragraph addressing how SBA will process a HUBZone small business concern’s § 126.601(g) to proposed § 126.700, HUBZone status protest, to reduce the eligibility or determines that it may not which specifically addresses the timeframe by which a protested concern be eligible for the program, the SBA limitations on subcontracting must respond to SBA’s notification that could conduct a program examination requirements for HUBZone contracts. an interested party has filed a protest to or propose the concern for Finally, SBA proposes to move the 3 business days after the date of receipt decertification and the HUBZone small discussion of recertification currently in of the SBA’s letter. SBA believes that business concern would be required to paragraph § 126.601(h) to proposed new businesses generally respond in a short rebut each of the reasons SBA sets forth § 126.619. period of time since an award on a in its written notification letter within SBA proposes to amend § 126.602 to contract is pending and the business has 15 calendar days from the date that it be consistent with the proposed change this information readily available. In receives SBA’s notification. If SBA finds requiring certified HUBZone small addition to the above, SBA proposes to that the concern is not eligible, the SBA businesses to demonstrate their update all instructions contained in the would provide notice to the concern eligibility at the time of initial HUBZone regulations related to stating the basis for the determination, certification and annual certification submission of information and decertify the concern and remove it as only. Under this proposed regulation, documentation to SBA to specify that a certified HUBZone small business certified HUBZone small business such submissions must be completed

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electronically. The appropriate email applicants because it allows them to of a HUBZone concern’s certification or addresses have been added and updated correct deficiencies and come into recertification shall continue to count as where necessary, and mailing addresses compliance without waiting 90 days to a HUBZone employee as long as the and fax numbers have been removed. reapply for the program. This should individual remains an employee of the This change is intended to reduce the enable additional firms to be more firm, even if the employee moves to a paperwork burden on program quickly certified for the HUBZone location that is not in a qualified applicants and participants. program, which should allow them to HUBZone area or the area where the seek and be awarded HUBZone employee’s residence is located is Compliance With Executive Orders contracts sooner. Thus, any costs redesignated and no longer qualifies as 12866, 13563, 12988, 13132, and 13771, associated with the voluntary request a HUBZone. This will greatly reduce the Paperwork Reduction Act (44 for reconsideration would be burden on firms, as they will not have U.S.C. Ch. 35), and the Regulatory outweighed by the potential benefit of to continuously track whether their Flexibility Act (5 U.S.C. 601–612) allowing firms to request employees still reside in a HUBZone or Executive Order 12866 reconsideration, although it is difficult seek to employ new individuals if the The Office of Management and Budget to quantify the opportunity cost location that one or more current (OMB) has determined that this avoidance associated with this benefit. employees reside loses its HUBZone proposed rule is a significant regulatory For example, if only one of the ten status. We estimate that it takes 1 hour action for purposes of Executive Order HUBZone firms applying for to determine eligibility and that this 12866. Accordingly, the next section reconsideration was able to be proposed change will save contains SBA’s Regulatory Impact recertified earlier and received a set approximately 0.5 hours because once a Analysis. However, this is not a major aside contract of $150,000, it would HUBZone employee is hired, the firm rule under the Congressional Review clearly offset the entire cost incurred by will never again have to examine where Act, 5 U.S.C. 801, et seq. the ten applicants. that employee resides. Thus, this SBA proposes to require HUBZone proposed rule should reduce the hourly Regulatory Impact Analysis small business concerns to recertify burden on approximately 5,000 1. Is there a need for the regulatory annually to SBA that they continue to HUBZone small business concerns by action? meet all of the HUBZone eligibility 2,500 hours annually for an estimated SBA is proposing to make several requirements, instead of requiring them annual savings of $83,350.00. changes to clarify its regulations. to undergo a recertification by SBA 3. What are the alternatives to this Through the years, SBA has spoken every three years. There are final rule? with small business and representatives approximately 5,000 firms in the The alternative to the proposed and has determined that several HUBZone program. Under SBA’s regulations would be the status quo, regulations need further refinement so current rules, firms must recertify every where a firm must be eligible at the time that they are easier to understand and three years. Approximately 1,200 firms of offer and time of award. SBA has also implement. Further, SBA has added in recertify each year based on HUBZone identified other alternatives that SBA new provisions providing for data, and we estimate it takes considered in the supplementary reconsiderations of application denials approximately 1 hour to recertify. OMB information to this proposed rule. With and decertifications. Currently, there is Control #3245–0320. Consequently, respect to the requirement to annually no request for reconsideration process these proposed changes would increase recertify, SBA could instead require in the regulations, unlike SBA’s other the annual hourly burden for HUBZone firms to certify at time of offer, as is certification programs. SBA believes firms by 3,800 hours or an estimated done for the other small business or that making the programs as consistent annual cost of $126,692.00. Instead, of socioeconomic set aside contract and similar as possible, where 1,200 firms recertifying annually, all programs. In addition, SBA could practicable, will make it easier for small 5,000 would have to recertify annually. propose only a formal request for businesses to understand the process. SBA is also proposing that HUBZone reconsideration process or could have 2. What are the potential benefits and small business concerns will not have to proposed no request for reconsideration costs of this regulatory action? represent or certify that they are eligible process. However, as noted above, SBA The proposed regulations seek to at the time of offer and award for every has modeled these processes from its address or clarify issues, which will HUBZone contract, which are the other contracting programs (e.g., 8(a) provide clarity to small businesses and current program requirements. Under request for reconsideration) and believes contracting personnel. Further, SBA is current rules, a HUBZone small that these processes have worked well proposing a formal request for business concern must be eligible both for these programs and should therefore reconsideration process, which could at the time of offer and award of a be utilized for the HUBZone program. increase costs to the government (e.g., HUBZone contract. Based on FPDS data, SBA also considered whether eligibility additional workload for requests for approximately 2,100 new HUBZone or protest decisions should be appealed reconsideration), but will provide contracts are awarded each fiscal year. to the Office of Hearings and Appeals. consistency in the processes for SBA’s We estimate it takes approximately 1 Summary of Costs and Cost Savings programs. SBA declined approximately hour for a firm to determine it is eligible 87 applicants in fiscal year 2017. The at the time of offer and approximately Table 1: Summary of Incremental cost for requesting reconsideration is 1 hour for a firm to determine it is Costs and Cost Savings, below, sets out estimated at one and a half hours, and eligible at the time of award. Thus, this the estimated net incremental cost/(cost we estimate that approximately ten proposed rule will reduce burden on saving) associated with this proposed applicants would request HUBZone small business concerns by rule. Table 2: Detailed Breakdown of reconsideration. That equates to 15 approximately 4,200 hours for an Incremental Costs and Cost Savings, hours at an estimated rate of $33.34 an estimated annual savings of below, provides a detailed explanation hour, for a de minimis annual total of $140,028.00. of the annual cost/(cost saving) $500. However, a reconsideration SBA is proposing that an employee estimates associated with this proposed process is beneficial to HUBZone who resides in a HUBZone at the time rule.

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TABLE 1—SUMMARY OF INCREMENTAL COSTS AND COST SAVINGS

Annual cost/ Item No. Regulatory action item (cost saving) estimate

1 ...... Annual recertification instead of every 3 years ...... $126,692 2 ...... Requiring a formal request of reconsideration ...... 500 3 ...... Removing requirement to present eligibility at award ...... (140,028) 4 ...... Change to employee count eligibility ...... (83,350)

Estimated Net Incremental Cost/(Cost Saving) ...... (96,186)

TABLE 2—DETAILED BREAKDOWN OF INCREMENTAL COSTS AND COST SAVINGS

Annual cost/ Item No. Regulatory action item details (cost saving) estimate breakdown

1 ...... Proposed regulatory change: SBA proposes to require HUBZone SBCs to re- certify annually to SBA that they continue to meet all of the HUBZone eligi- bility requirements instead of requiring them to undergo a recertification by SBA every three years. Estimated number of impacted entities: There are approximately 5,000 firms in 3,800 entities. the HUBZone program, and under the proposed rule all these firms will need to recertify each year. However, since 1,200 firms recertify each year cur- rently, the incremental increase in recertifications is 3,800 firms annually. Estimated average impact * (labor hour): SBA estimates that it takes the aver- 1 hour. age participating firm about 1 hour to complete the recertification process. 2017 Median Pay ** (per hour): Most HUBZone firms use an accountant or $33.34. someone with similar skills for this task.

Estimated Cost/(Cost Saving) ...... $126,692.

2 ...... Proposed regulatory change: SBA proposes to add a new provision permitting a firm to submit a formal request for reconsideration when it receives a deter- mination denying admission to the HUBZone program. Estimated number of impacted entities: SBA declined 87 applications in FY 10 entities. 2017. Of these, we estimate that only 10 firms would seek reconsideration. Estimated average impact * (labor hour): SBA estimates that it would take 1.5 1.50 hours. hours to respond to the denial and to request reconsideration. 2017 Median Pay ** (per hour): Most HUBZone firms use an accountant or $33.34. someone with similar skills for this task.

Estimated Cost/(Cost Saving) ...... $500.

3 ...... Proposed regulatory change: Under current rules, a HUBZone firm must be eli- gible at the time of offer and award of a HUBZone contract. SBA is pro- posing that firms will not have to represent or certify that they are eligible at the time of offer and award for every contract, which are the current program requirements. Estimated number of impacted entities: Approximately 2,100 new HUBZone 4,200 entities. contracts awarded each fiscal year and each firm will need to certify twice per each contract. Estimated average impact * (labor hour): SBA estimates that it takes the aver- 1 hour. age participating firm about 1 hour to complete the recertification process. 2017 Median Pay ** (per hour): Most HUBZone firms use an accountant or $33.34. someone with similar skills for this task. Estimated Cost/(Cost Saving) ...... ($140,028).

4 ...... Proposed regulatory change: SBA is proposing that an employee that resides in a HUBZone at the time of a HUBZone SBC’s certification or recertification shall continue to count as a HUBZone employee as long as the individual re- mains an employee of the firm, even if the employee moves to a location that is not in a qualified HUBZone area or the area where the employee’s resi- dence is located is redesignated and no longer qualifies as a HUBZone. This will greatly reduce burden on firms, as they will not have to continually track whether their employees still reside in a HUBZone. Estimated number of impacted entities: SBA estimates that approximately 5,000 entities. 5,000 firms participate in the HUBZone program. All participating firms will be impacted by this change. Estimated average impact * (labor hour): SBA estimates that it would take 1 0.50 hours. hour to determine eligibility but this proposed change will save 0.5, because once a HUBZone employee is hired the firm will never have to check resi- dency for that employee.

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TABLE 2—DETAILED BREAKDOWN OF INCREMENTAL COSTS AND COST SAVINGS—Continued

Annual cost/ Item No. Regulatory action item details (cost saving) estimate breakdown

2017 Median Pay ** (per hour): Most HUBZone firms use an accountant or $33.34. someone with similar skills for this task. Estimated Cost/(Cost Saving) ...... ($83,350).

Estimated Net Annual Impact ...... ($96,186). * This estimate is based on HUBZone and FPDS data, as well as best professional judgment. ** Source: Bureau of Labor Statistics, Accountants and Auditors.

Executive Order 13563 regulatory reform initiative recertify annually will increase the implementing Executive Order 13771. burden on firms, this burden will be This executive order directs agencies The proposed rule will have a 60-day offset by the proposal to no longer to, among other things: (a) Afford the comment period and will be posted on require firms to be eligible at the time public a meaningful opportunity to www.regulations.gov to allow the public of offer and award for a contract, and comment through the internet on to comment meaningfully on its will provide that if a firm hires a proposed regulations, with a comment provisions. HUBZone resident, the firm will be able period that should generally consist of 3. Flexibility: Did the agency identify to count that employee towards the not less than 60 days; (b) provide for an and consider regulatory approaches that residency requirement, this reducing the ‘‘open exchange’’ of information among reduce burdens and maintain flexibility burden on the firm to determine government officials, experts, and freedom of choice for the public? whether it meets the 35 percent stakeholders, and the public; and (c) The proposed rule is intended to residency requirement. Thus, the seek the views of those who are likely make it easier for firms to apply for, or proposed rule will result in an to be affected by the rulemaking, even participate in, the HUBZone program, as estimated annual savings of $96,185.00 before issuing a notice of proposed well as for procuring agencies to utilize Paperwork Reduction Act, 44 U.S.C. Ch. rulemaking. As far as practicable or the program. relevant, SBA considered these 35 requirements in developing this rule, as Executive Order 12988 For the purposes of the Paperwork discussed below. This action meets applicable Reduction Act, SBA has determined that 1. Did the agency use the best standards set forth in section 3(a) and this rule, if adopted in final form, would available techniques to quantify 3(b)(2) of Executive Order 12988, Civil impose new government-wide reporting anticipated present and future costs Justice Reform, to minimize litigation, requirements on HUBZone small when responding to Executive Order eliminate ambiguity, and reduce business concerns. In the rule, SBA 12866 (e.g., identifying changing future burden. This action does not have any proposes that small businesses recertify compliance costs that might result from retroactive or preemptive effect. annually to SBA concerning their status. At this time, HUBZone small businesses technological innovation or anticipated Executive Order 13132 behavioral changes)? recertify every three years. Although SBA has determined that this requiring annual recertification instead To the extent possible, the agency proposed rule will not have substantial of every three years may appear to utilized the most recent data available direct effects on the States, on the impose additional burdens on a in the Federal Procurement Data relationship between the national HUBZone small business concern, the System—Next Generation, DSBS and government and the States, or on the annual recertification burden is offset by SAM. distribution of power and the elimination of the requirement to be 2. Public participation: Did the responsibilities among the various eligible at the time of offer and award agency: (a) Afford the public a levels of government. Therefore, for the of a contract and the requirement to meaningful opportunity to comment purposes of Executive Order 13132, continually monitor the residency status through the internet on any proposed SBA has determined that this proposed of an employee that resides in a regulation, with a comment period that rule has no federalism implications HUBZone at the time of hiring, resulting should generally consist of not less than warranting preparation of a federalism in an estimated annual savings of 60 days; (b) provide for an ‘‘open assessment. $96,186.00. In addition, SBA believes exchange’’ of information among the annual recertification would assist government officials, experts, Executive Order 13771 in deterring fraud and abuse in the stakeholders, and the public; (c) provide This proposed rule is expected to be program. SBA also proposes that timely online access to the rulemaking an Executive Order 13771 deregulatory certified HUBZone small business docket on Regulations.gov; and (d) seek action. Details on the estimated cost concerns maintain records the views of those who are likely to be savings of this proposed rule can be demonstrating the home address of affected by rulemaking, even before found in this rule’s regulatory impact employees who resided in a HUBZone issuing a notice of proposed analysis. SBA proposes to require at the time of the concern’s certification rulemaking? SBA has also discussed HUBZone small business concerns to or recertification, as well as records of some of the proposals in this rule with recertify annually to SBA that they the employee’s continued employment stakeholders at various small business continue to meet all of the HUBZone with the firm. SBA believes allowing a procurement conferences, and received eligibility requirements, instead of HUBZone small business concern to written comments on suggested changes requiring them to undergo a continue employing individuals who to the HUBZone Program regulations recertification by SBA every three years. once lived in HUBZones is consistent generally in response to SBA’s While the proposal to require firms to with the purpose of the HUBZone

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program of increasing employment and will be borne by the agency and not the Authority: 15 U.S.C. 632, 634(b)(6), 662, would provide greater opportunities for small business. In addition, recertifying and 694a(9). certified HUBZone small business every year should not impose a § 121.404 [Amended] concerns to be eligible for and receive significant cost on small business since ■ HUBZone contracts. Further, this will the rules already require the business to 4. Amend § 121.404(g)(4) by removing reduce burden as the firm will not have actively monitor its compliance from the phrase ‘‘HUBZone SBCs’’ and to continually determine whether the the moment it applies to the program. adding in its place the phrase ‘‘certified employee that resided in a HUBZone at As a result, SBA does not believe that HUBZone small business concerns’’. the time of certification continues to the proposed amendments would have § 121.1001 [Amended] reside in a HUBZone in connection with a disparate impact on small businesses ■ the offer and offer of each contract or or would impose any additional 5. Amend § 121.1001 as follows: ■ future recertifications. A firm’s ability to significant costs. For the reasons a. In paragraph (a)(6)(ii), remove the request reconsideration will be added to discussed, SBA certifies that this phrase ‘‘qualified HUBZone SBC’’ and the existing information collection for proposed rule would not have a add in its place the phrase ‘‘certified the HUBZone program (OMB Control significant economic impact on a HUBZone small business concern’’; and ■ #3245–0320). substantial number of small business b. In paragraph (b)(8)(i), remove the concerns. phrase ‘‘qualified HUBZone business Regulatory Flexibility Act, 5 U.S.C. 601– concern’’ and add in its place the phrase 612 List of Subjects ‘‘certified HUBZone small business According to the Regulatory 13 CFR Part 115 concern’’. Flexibility Act (RFA), 5 U.S.C. 601, Claims, Reporting and recordkeeping when an agency issues a rulemaking, it PART 125—GOVERNMENT requirements, Small businesses, Surety must prepare a regulatory flexibility CONTRACTING PROGRAMS bonds. analysis to address the impact of the ■ 6. The authority citation for part 125 rule on small entities. However, section 13 CFR Part 121 is revised to read as follows: 605 of the RFA allows an agency to Administrative practice and certify a rule, in lieu of preparing an Authority: 15 U.S.C. 632(p), (q); 634(b)(6); procedure, Government procurement, 637; 644; 657f; 657q; 657r; and 657s. analysis, if the rulemaking is not Government property, Grant programs- expected to have a significant economic business, Individuals with disabilities, § 125.1 [Amended] impact on a substantial number of small Loan programs-business, Small ■ 7. In § 125.1, amend the definition of entities. The RFA defines ‘‘small entity’’ businesses. ‘‘similarly situated entity’’ by removing to include ‘‘small businesses,’’ ‘‘small the phrase ‘‘qualified HUBZone small organizations,’’ and ‘‘small 13 CFR Part 125 business concern’’ and adding in its governmental jurisdictions.’’ This Government contracts, Government place the phrase ‘‘certified HUBZone proposed rule concerns various aspects procurement, Reporting and small business concern’’. of SBA’s HUBZone program, as such the recordkeeping requirements, Small rule relates to small business concerns businesses, Technical assistance, § 125.2 [Amended] but would not affect ‘‘small Veterans. ■ 8. Amend § 125.2(c)(1)(i) by removing organizations’’ or ‘‘small governmental 13 CFR Part 126 the phrase ‘‘qualified HUBZone small jurisdictions’’ because those programs business concerns’’ and adding in its generally apply only to ‘‘business Administrative practice and place the phrase ‘‘certified HUBZone concerns’’ as defined by SBA procedure, Government procurement, small business concerns’’. regulations, in other words, to small Penalties, Reporting and recordkeeping businesses organized for profit. ‘‘Small requirements, Small businesses. § 125.3 [Amended] organizations’’ or ‘‘small governmental For the reasons set forth in the ■ 9. Amend § 125.3(c)(1)(xi) by jurisdictions’’ are non-profits or preamble, SBA proposes to amend 13 removing the phrase ‘‘qualified governmental entities and do not CFR parts 115, 121, 125, and 126 as set HUBZone small business concerns’’ and generally qualify as ‘‘business concerns’’ forth below: adding in its place the phrase ‘‘certified within the meaning of SBA’s HUBZone small business concerns’’. regulations. PART 115—SURETY BOND There are approximately 5,000 GUARANTEE § 125.6 [Amended] certified HUBZone small business ■ 10. Amend § 125.6 by removing concerns that are listed as certified ■ 1. The authority citation for part 115 paragraph (d) and redesignating HUBZone small businesses in DSBS, continues to read as follows: paragraphs (e) through (h) as paragraphs and SBA receives approximately 1,500 Authority: 5 U.S.C. app 3; 15 U.S.C. 687b, (d) through (g), respectively. applications annually. Most of the 687c, 694a, 694b note; and Pub. L. 110–246, ■ 11. Revise § 125.28(b) to read as changes are clarification of current Sec. 12079, 122 Stat. 1651. follows: policy and therefore should not impact § 115.31 [Amended] many of these concerns. Further, there § 125.28 How does one file a service ■ is a new compliance or other costs 2. Amend § 115.31(a)(2) by removing disabled veteran-owned status protest? imposed by the proposed rule on the phrase ‘‘qualified HUBZone small * * * * * current or prospective HUBZone small business concern’’ and adding in its (b) Format and specificity. (1) Protests business concerns. Under current law, place the phrase ‘‘certified HUBZone must be in writing and must specify all HUBZone small business concerns must small business concern’’. the grounds upon which the protest is recertify every three years and under the PART 121—SMALL BUSINESS SIZE based. A protest merely asserting that proposed rule, the same firms will need REGULATIONS the protested concern is not an eligible to recertify every year. SDVO SBC, without setting forth Nonetheless, most of these costs ■ 3. The authority citation for part 121 specific facts or allegations is relating to reconsideration and appeals continues to read as follows: insufficient.

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Example to paragraph (b)(1): A protester employees, and attendance at job fairs SBA’s Size Policy Statement No. 1 (51 submits a protest stating that the apparent and applies only to concerns during the FR 6099, Feb. 20, 1986). successful offeror is not owned by a service- performance of any HUBZone contract. (1) In general, the following are disabled veteran. The protest does not state A certified HUBZone small business considered employees: any basis for this assertion. The protest (i) Individuals obtained from a allegation is insufficient. concern that has less than 20% of its total employees residing in a HUBZone temporary employee agency, leasing (2) For a protest filed against a SDVO during the performance of a HUBZone concern, or through a union agreement, SBC joint venture, the protest must state contract has failed to attempt to or co-employed pursuant to a all specific grounds for why— maintain the HUBZone residency professional employer organization (i) The SDVO SBC partner to the joint requirement. agreement; venture did not meet the SDVO SBC (ii) An individual who has an eligibility requirements set forth in * * * * * Certify means the process by which ownership interest in the firm and who subpart B of part 125; and/or works for the firm a minimum of 40 (ii) The protested SDVO SBC joint SBA determines that a firm is qualified for the HUBZone program and eligible hours during the four-week period venture did not meet the requirements immediately prior to the relevant date of set forth in § 125.18. to be designated by SBA as a certified HUBZone small business concern in the review, whether or not the individual * * * * * Dynamic Small Business Search (DSBS) receives compensation; (iii) The sole owner of a firm who PART 126—HUBZONE PROGRAM system (or successor system). * * * * * works less than 40 hours during the ■ 12. The authority citation for part 126 D/HUB means the Director of SBA’s four-week period immediately prior to continues to read as follows: Office of HUBZone. the relevant date of review, but who has not hired another individual to direct Authority: 15 U.S.C. 632(a), 632(j), 632(p), Decertify means the process by which 644 and 657a. SBA determines that a concern no the actions of the concern’s employees; longer qualifies as a HUBZone small (iv) Individuals who receive in-kind § 126.101 [Amended] business concern and removes that compensation commensurate with work ■ 13. Amend § 126.101(b) by removing concern as a certified HUBZone small performed. the phrase ‘‘qualified HUBZone SBCs’’ business concern from DSBS (or (2) In general, the following are not and adding in its place the phrase successor system), or the process by considered employees: ‘‘certified HUBZone small business which SBA removes a concern as a (i) Individuals who receive no concerns’’. certified HUBZone small business compensation (including no in-kind ■ 14. Amend § 126.103 as follows: compensation) for work performed; ■ concern from DSBS (or successor a. Remove the definitions of ‘‘Alaska system) after receiving a request to (ii) Individuals who receive deferred Native Village’’, ‘‘ANCSA’’, ‘‘County voluntarily withdraw from the compensation for work performed; unemployment rate’’, ‘‘De-certify’’, HUBZone program. (iii) Independent contractors that ‘‘List’’, ‘‘Median household income’’, Dynamic Small Business Search receive payment via IRS Form 1099 and ‘‘Metropolitan statistical area’’, (DSBS) means the database that are not considered employees under ‘‘Qualified HUBZone SBC’’, ‘‘Small government agencies use to find small SBA’s Size Policy Statement No. 1 (51 Disadvantaged Business (SDB)’’, and business contractors for upcoming FR 6099, Feb. 20, 1986); and ‘‘Statewide average unemployment contracts. The information a business (iv) Subcontractors. rate’’; provides when registering in the System (3) Employees of an affiliate may be ■ b. Revise the definitions of ‘‘Alaska for Award Management (SAM) is used considered employees, if the totality of Native Corporation’’, ‘‘Attempt to to populate DSBS. For HUBZone the circumstances shows that there is no maintain’’, ‘‘Certify’’, ‘‘D/HUB’’, Program purposes, a firm’s DSBS profile clear line of fracture between the ‘‘Employee’’, ‘‘HUBZone small business will indicate whether it is a certified HUBZone applicant (or certified concern’’, ‘‘Interested party’’, ‘‘Principal HUBZone small business concern, and HUBZone small business concern) and office’’, ‘‘Qualified base closure area’’, if so, the date it was certified or its affiliate(s) (see § 126.204). ‘‘Qualified census tract’’, ‘‘Qualified recertified. * * * * * non-metropolitan county’’, Employee means all individuals HUBZone small business concern or ‘‘Redesignated area’’, ‘‘Reside’’; and employed on a full-time, part-time, or certified HUBZone small business ■ c. Add definitions for ‘‘Decertify’’, other basis, so long as that individual concern (1) Means a small business ‘‘Dynamic Small Business Search works a minimum of 40 hours during concern that meets the requirements (DSBS)’’ and ‘‘Primary industry the four-week period immediately prior described in § 126.200 and that SBA has classification or primary industry’’ in to the relevant date of review, which is certified as eligible for federal alphabetical order. either the date the concern submits its contracting assistance under the The revisions and additions read as HUBZone program. follows: HUBZone application to SBA or the date of recertification. SBA will review (2) A firm that was a certified § 126.103 What definitions are important in a firm’s payroll records for the most HUBZone small business concern as of the HUBZone Program? recently completed pay periods that December 12, 2017, and that had its * * * * * account for the four-week period principal office located in a Alaska Native Corporation (ANC) has immediately prior to the date of redesignated area set to expire prior to the same meaning as the term ‘‘Native application or date of recertification in January 1, 2020, shall remain a certified Corporation’’ in section 3 of the Alaska order to determine which individuals HUBZone small business concern until Native Claims Settlement Act (ANCSA), meet this definition. To determine if an December 31, 2021, so long as all other 43 U.S.C. 1602. individual is an employee, SBA reviews HUBZone eligibility requirements are Attempt to maintain means making the totality of circumstances, including met. substantive and documented efforts, criteria used by the Internal Revenue * * * * * such as written offers of employment, Service (IRS) for Federal income tax Interested party means any concern published advertisements seeking purposes and the factors set forth in that submits an offer for a specific

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HUBZone set-aside contract (including business concern complies with the principal designated as ‘‘qualified census tracts’’ Multiple Award Contracts) or order, any office requirement. shall not exceed an area having 20 concern that submitted an offer in full Example 2: A business concern has a total percent of the population of such and open competition and its of 4 employees, including the owner. The metropolitan statistical area. See 26 opportunity for award will be affected business concern has one office located in a U.S.C. 42(d)(5)(B)(ii)(II). This paragraph by a price evaluation preference given a HUBZone (Office A), where 2 employees does not apply to any metropolitan qualified HUBZone small business perform more than 50% of their work, and statistical area in the Commonwealth of concern, any concern that submitted an a second office not located in HUBZone Puerto Rico until December 22, 2027, or (Office B), where 2 employees perform more offer in a full and open competition and than 50% of their work. Since there is not the date on which the Financial its opportunity for award will be one location where the greatest number of the Oversight and Management Board for affected by a reserve of an award given concern’s employees at any one location the Commonwealth of Puerto Rico to a qualified HUBZone small business perform their work, the business concern created by the Puerto Rico Oversight, concern, the contracting activity’s would not have a principal office in a Management, and Economic Stability contracting officer, or SBA. HUBZone. Act (PROMESA) (Pub. L. 114–187, June * * * * * Example 3: A business concern whose 30, 2016) ceases to exist, whichever Primary industry classification or primary industry is services has a total of 6 event occurs first. employees, including the owner. Five of the primary industry means the six digit employees perform all of their work at * * * * * North American Industry Classification jobsites fulfilling specific contract Qualified non-metropolitan county System (NAICS) code designation which obligations. The business concern’s owner means any county that was not located best describes the primary business performs 45% of her work at jobsites, and in a metropolitan statistical area (as activity of the HUBZone applicant or 55% of her work at an office located in a defined by the Bureau of the Census, HUBZone small business concern. SBA HUBZone (Office A) conducting tasks such as United States Department of Commerce, utilizes § 121.107 of this chapter in writing proposals, generating payroll, and in its publications on the Census of determining a firm’s primary industry responding to emails. Office A would be Population, Social and Economic considered the principal office of the firm classification. Characteristics) at the time of the most Principal office means the location since it is the only location where any employees of the firm work that is not a job recent census taken for purposes of where the greatest number of the site and the 1 individual working there selecting qualified census tracts under concern’s employees at any one location spends more than 50% of her time at Office section 26 U.S.C. 42(d)(5)(B)(ii), and in perform their work. A. Since Office A is located in a HUBZone, which: (1) If an employee works at multiple the small business concern would meet the (1) The median household income is locations, then the employee will be principal office requirement. less than 80% of the non-metropolitan deemed to work at the location where Qualified base closure area means: State median household income, based the employee spends more than 50% of (1) A base closure area that is treated on the most recent data available from his or her time. If an employee does not by SBA as a HUBZone for a period of the American Community Survey 5-year spend more than 50% of his or her time at least 8 years, beginning on the date estimates, published by the Bureau of at any one location and at least one of the military installation undergoes final the Census of the Department of those locations is a non-HUBZone closure and ending on the latter of the Commerce; location, then the employee will be following: (2) The unemployment rate is not less deemed to work at a non-HUBZone (i) The date on which the results of than 140% of the average location; the decennial census conducted after unemployment rate for the United (2) In order for a location to be the area was initially designated as a States or for the State in which such considered the principal office, the base closure area are released; or county is located, whichever is less, concern must conduct business at this (ii) The date 8 years after the base based on the most recent data available location. closure area was initially designated as from the Local Area Unemployment (3) For those concerns whose a HUBZone. Statistics report, produced by the ‘‘primary industry classification’’ is (2) However, if a base closure area Department of Labor’s Bureau of Labor services or construction (see § 121.201 was treated as a HUBZone at any time Statistics; or of this chapter), the determination of after 2010, it shall be treated as a (3) There is located a Difficult principal office excludes the concern’s HUBZone until the results of the 2020 Development Area within Alaska, employees who perform more than 50% decennial census are released. Hawaii, or any territory or possession of of their work at job-site locations to Qualified census tract (1) Means any the United States outside the 48 fulfill specific contract obligations. If all census tract which is designated by the contiguous States. A Difficult of a concern’s employees perform more Secretary of Housing and Urban Development Area (DDA) is an area than 50% of their work at job sites, the Development, and for the most recent designated by the Secretary of the concern does not comply with the year for which census data are available Department of Housing and Urban principal office requirement. on household income in such tract, Development, in accordance with Example 1: A business concern whose primary industry is construction has a total either in which 50 percent or more of section 26 U.S.C. 42(d)(5)(B)(iii), with of 78 employees, including the owners. The the households have an income which high construction, land, and utility costs business concern has one office (Office A), is less than 60 percent of the area relative to its Area Median Gross which is located in a HUBZone, with 3 median gross income for such year or Income. employees working at that location. The which has a poverty rate of at least 25 Redesignated area (1) Means any business concern also has a job-site for a percent. See 26 U.S.C. 42(d)(5)(B)(ii)(I). census tract that ceases to be a current contract, where 75 employees (2) The portion of a metropolitan ‘‘qualified census tract’’ or any non- perform more than 50% of their work. The statistical area (as defined by the Bureau metropolitan county that ceases to be a 75 job-site employees are excluded for purposes of determining principal office. of the Census, United States Department ‘‘qualified non-metropolitan county.’’ Since the remaining 3 employees all work at of Commerce, in its publications on the (2) A redesignated area generally shall Office A, Office A is the firm’s principal Census of Population, Social and be treated as a HUBZone for a period of office. Since Office A is in a HUBZone, the Economic Characteristics) which may be three years, starting from the date on

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which the area ceased to be a qualified accordance with this paragraph. The percentage of employees that reside in census tract or a qualified non- concern must be: a HUBZone, if the percentage results in metropolitan county. The date on which (1) At least 51% owned and a fraction, SBA rounds to the nearest the census tract or non-metropolitan controlled by one or more individuals whole number. county ceases to be qualified is the date who are United States citizens; Example 1 to paragraph (d)(1): A concern on which the official government data (2) An ANC or at least 51% owned by has 25 employees; 35% of 25, or 8.75, affecting the eligibility of the HUBZone an ANC or a wholly-owned business employees must reside in a HUBZone. The is released to the public. However, an entity of an ANC; number 8.75 rounded to the nearest whole area that was a redesignated area on or (3) At least 51% owned by one or number is 9. Thus, 9 employees must reside after December 12, 2017 shall remain a more Indian Tribal Governments, or by in a HUBZone. redesignated area until December 31, a corporation that is wholly owned by Example 2 to paragraph (d)(1): A concern 2021. one or more Indian Tribal Governments; has 95 employees; 35% of 95, or 33.25, Reside means to live at a location full- (4) At least 51% owned by one or employees must reside in a HUBZone. The number 33.25 rounded to the nearest whole time and for at least 180 days more CDCs; (5) A small agricultural cooperative number is 33. Thus, 33 employees must immediately prior to the date of reside in a HUBZone. application or date of recertification, as organized or incorporated in the United applicable. States, or at least 51% owned by one or (2) If the concern is owned in whole (1) To determine residence, SBA will more small agricultural cooperatives or in part by one or more Indian Tribal first look to an individual’s address organized or incorporated in the United Governments (or by a corporation that is identified on his or her driver’s license States; or wholly owned by one or more Indian or voter’s registration card. Where such (6) At least 51% owned by one or Tribal Governments), see paragraph documentation is not available, SBA more NHO, or by a corporation that is (c)(2) of this section. will require other specific proof of wholly owned by one or more NHO. (3) An employee who resides in a residency, such as deeds, leases, and (b) Size. (1) An applicant concern, HUBZone at the time of certification or utility bills. together with its affiliates, must qualify recertification shall continue to count as (2) For HUBZone purposes, SBA will as a small business under the size a HUBZone resident employee as long consider individuals temporarily standard corresponding to its primary as the individual remains an employee residing overseas in connection with the industry classification as defined in part of the firm, even if the employee moves performance of a contract to reside at 121 of this chapter. to a location that is not in a HUBZone their U.S. residence. (2) In order to remain eligible as a or the area in which the employee’s certified HUBZone small business residence is located no longer qualifies Example 1: A person possesses the deed concern, a firm must qualify as small as a HUBZone. The certified HUBZone to a residential property and pays utilities and property taxes for that property. under the size standard corresponding small business concern must maintain However, the person does not live at this to one or more NAICS codes in which records of the employee’s original property, but instead rents out this property it does business. HUBZone address, as well as records of to another individual. For HUBZone (3) If the concern is a small the individual’s continued and purposes, the person does not reside at the agricultural cooperative, in determining uninterrupted employment by the address listed on the deed. size, the small agricultural cooperative HUBZone small business concern, for Example 2: A person moves into an is treated as a ‘‘business concern’’ and the duration of the firm’s participation apartment under a month-to-month lease and its member shareholders are not in the HUBZone program. lives in that apartment full-time. SBA would considered affiliated with the (e) Attempt to maintain. (1) At the consider the person to reside at the address time of application, an applicant listed on the lease if the person can show that cooperative by virtue of their he or she has lived at that address for at least membership in the cooperative. concern must certify that it will 180 days immediately prior to the date of (c) Principal office. (1) The concern’s ‘‘attempt to maintain’’ (see § 126.103) application or date of recertification. principal office must be located in a having at least 35% of its employees Example 3: A person is working overseas HUBZone, except for concerns owned in reside in a HUBZone during the on a contract for the small business and is whole or in part by one or more Indian performance of any HUBZone contract it therefore temporarily living abroad. The Tribal Governments. receives. employee can provide documents showing (2) A concern that is owned in whole (2) If the concern is owned in whole he is paying rent for an apartment located in or in part by one or more Indian Tribal or in part by one or more Indian Tribal a HUBZone. That person is deemed to reside Governments (or by a corporation that is Governments (or by a corporation that is in a HUBZone. wholly owned by Indian Tribal wholly owned by one or more Indian * * * * * Governments) must either: Tribal Governments), the concern must (i) Maintain a principal office located certify that it will ‘‘attempt to maintain’’ Subpart B—Requirements To Be a in a HUBZone and ensure that at least (see § 126.103) the applicable Certified HUBZone Small Business 35% of its employees reside in a employment percentage described in Concern HUBZone as provided in paragraph paragraph (c)(2) of this section during (d)(1) of this section; or ■ 15. Revise the heading for subpart B the performance of any HUBZone (ii) Certify that when performing a to read as set forth above. contract it receives. ■ 16. Revise § 126.200 to read as HUBZone contract, at least 35% of its (f) Subcontracting. At the time of follows: employees engaged in performing that application, an applicant concern must contract will reside within any Indian certify that it will comply with the § 126.200 What requirements must a reservation governed by one or more of applicable limitations on subcontracting concern meet to be eligible as a certified the Indian Tribal Government owners, requirements in connection with any HUBZone small business concern? or reside within any HUBZone adjacent procurement that it receives as a (a) Ownership. In order to be eligible to such Indian reservation. certified HUBZone small business for HUBZone certification and to (d) Employees. (1) At least 35% of the concern (see § 126.5 and § 126.700). continue to be certified, a small concern’s employees must reside in a (g) Suspension and Debarment. The business concern must be owned in HUBZone. When determining the concern and any of its owners must not

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have an active exclusion in the System § 126.206 May nonmanufacturers be concern must submit a completed for Award Management, available at certified as HUBZone small business application and all documents www.SAM.gov, at the time of concerns? requested by SBA. The concern must application. Nonmanufacturers (referred to in the also represent to SBA that it meets the HUBZone Act of 1997 as ‘‘regular requirements set forth in § 126.200 and § 126.202 [Amended] dealers’’) may be certified as HUBZone that all of the information provided as ■ 17. Amend § 126.202 by removing the small business concerns if they meet all of the date of the application (and any phrase ‘‘Many persons share control’’ of the requirements set forth in subsequent information provided) is and adding in its place the phrase § 126.200. For purposes of this part, a complete, true and accurate. The ‘‘Many persons may share control’’. ‘‘nonmanufacturer’’ is defined in representation must be electronically § 121.406(b) of this chapter. signed by an owner of the applicant. § 126.203 [Amended] ■ 22. Revise § 126.207 to read as (b) Supporting documents. (1) SBA follows: ■ 18. Amend § 126.203 paragraph (a) by may request documents to verify that removing the phrase ‘‘qualified § 126.207 Do all of the offices or facilities the applicant meets the HUBZone HUBZone SBC’’ and adding in its place of a certified HUBZone small business program’s eligibility requirements. The the phrase ‘‘certified HUBZone small concern have to be located in a HUBZone? documents must show that the concern business concern’’. A HUBZone small business concern meets the program’s requirements at the may have offices or facilities in multiple time it submits its application to SBA. ■ 19. Revise § 126.204 to read as (2) The concern must document follows: HUBZones or even outside a HUBZone. However, in order to be certified as a compliance with the requirements listed § 126.204 May a HUBZone small business HUBZone small business concern, the in § 126.200, including but not limited concern have affiliates? concern’s principal office must be to employment records and documentation showing the address of (a) A HUBZone small business located in a HUBZone (except see § 126.200(c)(2) for concerns owned by each HUBZone resident employee. concern may have affiliates, provided Records sufficient to demonstrate that the aggregate size of the concern Indian Tribal Governments). ■ 23. Revise § 126.300 to read as HUBZone residency include copies of together with all of its affiliates is small follows: driver’s licenses and voter registration as defined in part 121 of this title, cards; only where such documentation except as otherwise provided for small § 126.300 How may a concern be certified is unavailable will SBA accept agricultural cooperatives in § 126.103. as a HUBZone small business concern? alternative documentation (such as (b) The employees of an affiliate may (a) A concern must apply to SBA for copies of leases, deeds, and/or utility be counted as employees of a HUBZone HUBZone certification. SBA will bills) accompanied by signed statements applicant or HUBZone small business consider the information provided by explaining why the alternative concern for purposes of determining the concern in order to determine documentation is being provided. compliance with the HUBZone whether the concern qualifies. (c) Changes after submission of program’s principal office and 35% (b) SBA, at its discretion, may rely application. After submitting an residency requirements. In determining solely upon the information submitted, application, a concern applying for whether individuals should be counted may request additional information, HUBZone certification must notify SBA as employees of a HUBZone applicant may conduct independent research, or of any changes that could affect its or HUBZone small business concern, may verify the information before eligibility, and provide information and SBA will review all information, making an eligibility determination. documents to verify the changes. If the (c) If SBA determines that a concern including criteria used by the Internal changed information indicates that the meets the eligibility requirements of a Revenue Service (IRS) for Federal firm is not eligible, the applicant will be HUBZone small business concern, it income tax purposes and those set forth given the option to withdraw its will notify the firm and designate the in SBA’s Size Policy Statement No. 1 application, or SBA will decline firm as a certified HUBZone small (Pub. L. 114–187, June 30, 2016). If the certification and the firm must wait 90 business concern in DSBS (or successor firms would be affiliated for size days to reapply. system). (d) HUBZone areas. Concerns purposes and the totality of the ■ 24. Revise § 126.303 to read as applying for HUBZone status must use circumstances shows that there is no follows: SBA’s website (i.e., maps or other tools clear line of fracture between the showing qualified HUBZones) to verify HUBZone applicant (or HUBZone small § 126.303 Where must a concern submit that the location of the concern’s business concern) and the affiliate, SBA its application for certification? principal office and the residences of at will consider the employees of the A concern seeking certification as a least 35% of the concern’s employees affiliate as employees of the HUBZone HUBZone small business concern must are within HUBZones. If SBA’s website applicant (or HUBZone small business submit an electronic application to indicates that a particular location is not concern). SBA’s HUBZone Program Office via within a HUBZone and the applicant SBA’s web page at www.SBA.gov. The ■ 20. Revise § 126.205 to read as disagrees, then the applicant must note application and any supporting follows: this on the application and submit documentation must be submitted by a relevant documents showing why the § 126.205 May participants in other SBA person authorized to represent the applicant believes the area meets the programs be certified as HUBZone small concern. business concerns? ■ 25. Revise § 126.304 to read as statutory criteria of a HUBZone. SBA follows: will determine whether the location is Participants in other SBA programs within a HUBZone using available may be certified as HUBZone small § 126.304 What must a concern submit to methods (e.g., contact Bureau of Indian business concerns if they meet all of the SBA in order to be certified as a HUBZone Affairs for Indian reservations or requirements set forth in this part. small business concern? Department of Defense for BRACs). ■ 21. Revise § 126.206 to read as (a) General. To be certified by SBA as (e) Record Maintenance. HUBZone follows: a HUBZone small business concern, a small business concerns must retain

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documentation demonstrating The decision will also state the for the initial decline, whether or not satisfaction of all qualifying reconsideration rights. available at the time of initial requirements for 6 years from date of (g) SBA will presume that notice of its application. submission of all initial and continuing decision was provided to an applicant if (4) Decision on reconsideration. The eligibility actions as required by this SBA sends a communication to the D/HUB will issue a written decision part. In addition, HUBZone small concern at a mailing address, email within 30 calendar days of SBA’s business concerns must retain address, or fax number provided in the receipt of the applicant’s request for documentation as required in concern’s profile in the System for reconsideration. The D/HUB may § 126.200(d)(3). Award Management (or successor approve the application, deny it on the system). same grounds as the original decision, § 126.305 [Removed and reserved] ■ 28. Revise § 126.307 to read as or deny it on other grounds. ■ 26. Remove and reserve § 126.305. follows: (i) If denied, the D/HUB will provide ■ 27. Revise § 126.306 to read as written notice and explain why the § 126.307 Where is there a list of certified follows: HUBZone small business concerns? applicant is not eligible for admission to the program and give specific reasons § 126.306 How will SBA process an SBA designates firms as certified for the decline. application for HUBZone certification? HUBZone small business concerns in (ii) If the D/HUB declines the (a) The D/HUB or designee is DSBS (or successor system). application solely on issues not raised ■ 29. Revise § 126.308 to read as authorized to approve or decline in the initial decline, the applicant can follows: applications for HUBZone certification. ask for reconsideration as if it were an SBA will receive and review all § 126.308 What happens if a HUBZone initial decline. applications and request supporting small business concern receives notice of (b) Reapplying for certification. A documents. SBA must receive all its certification but it does not appear in declined concern may reapply for required information, supporting DSBS as a certified HUBZone small certification ninety (90) calendar days documents, and a completed HUBZone business concern? after the date of the final agency representation before it will begin (a) A certified HUBZone small decision (i.e., the initial decision of the processing a concern’s application. SBA business concern that has received D/HUB where the concern does not seek will not process incomplete packages. SBA’s notice of certification, but does reconsideration, or the decision on SBA will make its determination within not appear in DSBS (or successor reconsideration), if it believes that it has 90 calendar days after receipt of a system) as a certified HUBZone small overcome all reasons for decline complete package whenever practicable. business concern within 10 business through changed circumstances and is (b) The burden of proof to days, should immediately notify the D/ currently eligible. demonstrate eligibility is on the HUB via email at [email protected]. ■ 31. Revise § 126.401 to read as applicant concern. If a concern does not (b) A certified HUBZone small follows: provide requested information within business concern that has received the allotted time provided by SBA, or if SBA’s notice of certification must § 126.401 What is a program examination? it submits incomplete information, SBA appear as a certified HUBZone small A program examination is an may draw an adverse inference and business concern in DSBS (or successor investigation by SBA officials, which presume that the information that the system) in order to be eligible for verifies the accuracy of any certification applicant failed to provide would HUBZone contracts (i.e., it cannot ‘‘opt made or information provided as part of demonstrate ineligibility and deny out’’ of a public display in the System the HUBZone application or certification on this basis. for Award Management (SAM.gov) or recertification process. Examiners may (c) SBA’s decision will be based on DSBS (or successor systems)). verify that the concern met the the facts set forth in the application, any ■ 30. Revise § 126.309 to read as program’s eligibility requirements at the information received in response to follows: time of its certification or, if applicable, SBA’s request for clarification, any at the time of its most recent § 126.309 May a declined concern request recertification. independent research conducted by reconsideration or seek certification at a SBA, and any changed circumstances. later date? § 126.402 [Amended] (d) In order to be certified into the (a) Reconsideration. An applicant may ■ 32. Amend § 126.402 by removing the program, the applicant must be eligible request that the D/HUB reconsider the phrase ‘‘qualified HUBZone SBC’’ and as of the date it submitted its initial decline decision by filing a adding in its place the phrase ‘‘certified application and at the time the D/HUB request for reconsideration with SBA. HUBZone small business concern’’. issues a decision. An applicant must (1) Method of submission. The ■ 33. Revise § 126.403 to read as inform SBA of any changes to its applicant must submit its request for follows: circumstances that occur after its reconsideration to the SBA’s HUBZone application and before its certification Program Office by email to hubzone@ § 126.403 What will SBA review during a that may affect its eligibility. SBA will sba.gov. program examination? consider such changed circumstances in (2) Filing deadline. The request for (a) SBA may conduct a program determining whether to certify the firm. reconsideration must be submitted examination, or parts of an examination, (e) If SBA approves the application, it within 15 calendar days of receipt of at one or more of the concern’s offices. will send a written notice to the concern written notice that the concern’s SBA will determine the location and and designate the firm as a certified application was declined. scope of the examination and may HUBZone small business concern in (3) Contents of request. The request review any information related to the DSBS (or successor system) as described for reconsideration must set forth the concern’s HUBZone eligibility in § 126.307. reasons why the D/HUB’s initial including, but not limited to, (f) If SBA denies the application, it decision was erroneous and include documentation related to the location will send a written notice to the concern information and documentation and ownership of the concern, and state the specific reasons for denial. pertinent to overcoming the reason(s) compliance with the 35% HUBZone

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residency requirement, and the ■ 35. Revise § 126.500 to read as concern in DSBS (or successor system); concern’s ‘‘attempt to maintain’’ (see follows: and § 126.103) this percentage. (ii) Be treated as an eligible HUBZone (b) SBA may require that a HUBZone § 126.500 How does a concern maintain small business concern for all HUBZone HUBZone certification? small business concern (or applicant) contracts for which the concern submit additional information as part of Any concern seeking to remain a qualifies as small for a period of one the program examination. If SBA certified HUBZone small business year from the date of the recertification. requests additional information, SBA concern in DSBS (or successor system) (d) Voluntary withdrawal. A will presume that written notice of the must annually provide a written HUBZone small business concern may request was provided when SBA sends recertification to SBA that it continues request to voluntarily withdraw from such request to the concern at a mailing to meet all HUBZone eligibility criteria the HUBZone program at any time. address, email address or fax number (see § 126.200) and provide supporting Once SBA concurs, SBA will decertify provided in the concern’s profile in the documentation when requested to do so the concern and no longer designate it by SBA. In order to remain in the Dynamic Small Business Search (DSBS) as a certified HUBZone small business program without any interruption, a or the System for Award Management concern in DSBS (or successor system). HUBZone small business concern must (SAM) (or successor systems). SBA may The concern may apply again for recertify its eligibility to SBA on the draw an adverse inference from a certification at any point after ninety anniversary of the date of its original concern’s failure to cooperate with a (90) calendar days from the date of HUBZone certification. The date of program examination or provide decertification. At that point, the HUBZone certification is the date requested information and assume that concern would have to demonstrate that specified in the firm’s certification the information that the HUBZone small it meets all HUBZone eligibility letter. If the business fails to recertify, business concern (or applicant) failed to requirements. SBA may propose the firm for ■ provide would demonstrate ineligibility, 37. Revise § 126.502 to read as decertification pursuant to § 126.503. follows: and decertify (or deny certification) on ■ 36. Revise § 126.501 to read as this basis. follows: § 126.502 Is there a limit to the length of (c) The concern must retain time a concern may be a certified HUBZone documentation provided in the course § 126.501 How long does HUBZone small business concern? of a program examination for 6 years certification last? There is no limit to the length of time from the date of submission. (a) Once SBA certifies a concern as a concern may remain qualified as a ■ 34. Add § 126.404 to read as follows: eligible to participate in the HUBZone certified HUBZone small business program, the concern will be treated as concern in DSBS (or successor system) § 126.404 What are the possible outcomes a certified HUBZone small business of a program examination and when will so long as it continues to comply with SBA make its determination? concern eligible for all HUBZone the provisions of §§ 126.200, 126.500, contracts for which the concern (a) Timing. SBA will make its and 126.501. qualifies as small, for a period of one ■ 38. Revise § 126.503 to read as determination within 90 calendar days year from the date of its initial follows: after SBA receives all requested certification or recertification, unless information, when practicable. the concern acquires, is acquired by, or § 126.503 What happens if SBA is unable (b) Program examinations on certified merges with another firm during that to verify a HUBZone small business HUBZone small business concerns. If one-year period. Where a HUBZone concern’s eligibility or determines that a the program examination was concern is no longer eligible for the small business concern acquires, is program? conducted on a certified HUBZone acquired by, or merges with another (a) Proposed decertification. (1) If small business concern— firm, the concern must demonstrate to SBA is unable to verify a certified (1) And the D/HUB (or designee) SBA that it continues to meet the HUBZone small business concern’s determines that the firm is eligible, SBA HUBZone eligibility requirements in eligibility or has information indicating will send a written notice to the order for it to remain eligible as a HUBZone small business concern and certified HUBZone small business that a firm was not eligible for the continue to designate the concern as a concern. program at the time of certification or certified HUBZone small business (b) On the annual anniversary of a recertification, SBA may propose concern in DSBS (or successor system). firm’s certification or recertification, the decertification of the concern. In (2) And the D/HUB (or designee) firm must recertify that it is fully addition, if during the one-year period determines that the firm is not eligible, compliant with all HUBZone eligibility of time after certification or SBA will propose the concern for requirements (see § 126.200), or it can recertification SBA believes that a decertification pursuant to the request to voluntarily withdraw from HUBZone small business concern that is procedures set forth in § 126.503. the HUBZone program. performing one or more HUBZone (c) Program examinations on (c) SBA may review the firm’s contracts no longer has at least 20% of applicants. If the program examination recertification through the program its employees living in a HUBZone, SBA was conducted on an applicant to the examination process. will propose the concern for HUBZone program— (1) If SBA determines that the firm is decertification based on the concern’s (1) And the D/HUB (or designee) no longer eligible at the time of its failure to attempt to maintain determines that the firm is eligible, SBA annual recertification, SBA will propose compliance with the 35% HUBZone will send a written certification notice the HUBZone small business concern residency requirement. to the firm and designate the concern as for decertification pursuant to § 126.503. (i) Notice of proposed decertification. a certified HUBZone small business (2) If SBA determines that the firm SBA will notify the HUBZone small concern in DSBS (or successor system). continues to be eligible, SBA will notify business concern in writing that SBA is (2) And the D/HUB (or designee) the firm of this determination. In such proposing to decertify it and state the determines that the firm is ineligible, case, the concern will: reasons for the proposed decertification. SBA will send a written decline notice (i) Continue to be designated as a SBA will consider that written notice to the firm. certified HUBZone small business was provided if SBA sends the notice of

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proposed decertification to the concern system) as a certified HUBZone small (1) Is a certified HUBZone small at a mailing address, email address, or business concern if the concern has: business concern in DSBS (or successor fax number provided in the concern’s (1) Been decertified as a result of a system); profile in the System for Award HUBZone status protest pursuant to (2) Is small, together with its affiliates, Management (SAM.gov) or the Dynamic § 126.803; at the time of its offer under the size Small Business Search (DSBS) (or (2) Been decertified as a result of the standard corresponding to the NAICS successor systems). procedures set forth in § 126.503; or code assigned to the procurement; (ii) Response to notice of proposed (3) Voluntarily withdrawn from the (3) Will ‘‘attempt to maintain’’ having decertification. The HUBZone small HUBZone program pursuant to at least 35% of its employees residing in business concern must respond to the § 126.501(b). a HUBZone during the performance of notice of proposed decertification (b) SBA may remove the designation the contract, as set forth in § 126.200(e); within the timeframe specified in the of a concern in DSBS (or successor and notice. In this response, the HUBZone system) as a certified HUBZone small (4) Will comply with the applicable small business concern must rebut each business concern as soon as the D/HUB limitations on subcontracting during of the reasons set forth by SBA in the issues a decision decertifying the performance of the contract, as set forth notice of proposed decertification, and concern from the program. in § 125.6 of this chapter and where appropriate, the rebuttal must (c) After a concern has been removed §§ 126.200(f), and 126.700. include documents showing that the as a certified HUBZone small business (c) A certified HUBZone small concern is eligible for the HUBZone concern in DSBS (or successor system), business concern may submit an offer program as of the date specified in the it is ineligible for the HUBZone program on a HUBZone contract for supplies as notice. and may not submit an offer on or be an a nonmanufacturer if it meets the (iii) Adverse inference. If a HUBZone awarded a HUBZone contract, or receive requirements of the nonmanufacturer small business concern fails to any other benefit as a HUBZone small rule set forth at § 121.406 of this cooperate with SBA or fails to provide business concern. chapter. the information requested, the D/HUB ■ 43. Revise § 126.602 to read as may draw an adverse inference and Subpart F—Contracting with Certified follows: assume that the information that the HUBZone Small Business Concerns § 126.602 Must a certified HUBZone small concern failed to provide would business concern maintain the employee demonstrate ineligibility. ■ 40. Revise the heading of subpart F to read as set forth above. residency percentage during contract (2) SBA’s decision. SBA will performance? determine whether the HUBZone small § 126.600 [Amended] (a) A certified HUBZone small business concern remains eligible for ■ business concern eligible for the the program within 90 calendar days 41. Amend § 126.600 as follows: ■ program pursuant to § 126.200(b) must after receiving all requested a. In the introductory text, remove the phrase ‘‘qualified HUBZone SBC’’ and have at least 35% of its employees information, when practicable. The D/ residing within a HUBZone at the time HUB will provide written notice to the add in its place the phrase ‘‘certified HUBZone small business concern’’; of certification and annual concern stating the basis for the recertification. Such a certified determination. If SBA finds that the ■ b. In paragraphs (a), (b), and (c), remove the phrase ‘‘qualified HUBZone HUBZone small business concern must concern is not eligible, the D/HUB will ‘‘attempt to maintain’’ (see § 126.103) decertify the concern and remove its SBCs’’ wherever it appears and add in its place the phrase ‘‘certified HUBZone having at least 35% of its employees designation as a certified HUBZone residing in a HUBZone during the small business concern in DSBS (or small business concerns’’; ■ c. In paragraphs (d) and (e), remove performance of any HUBZone contract successor system). If SBA finds that the awarded to the concern on the basis of concern is eligible, the concern will the phrase ‘‘HUBZone SBCs’’ wherever it appears and add in its place the its HUBZone status. continue to be designated as a certified (b) For indefinite delivery, indefinite HUBZone small business concern in phrase ‘‘certified HUBZone small business concerns’’; quantity contracts, including multiple DSBS (or successor system). award contracts, a certified HUBZone (b) Decertification pursuant to a ■ d. In paragraph (e), remove the word small business concern must ‘‘attempt protest. The procedures described in ‘‘against’’ and add in its place the word to maintain’’ the HUBZone residency paragraph (a) of this section do not ‘‘under’’ and remove the phrase ‘‘, requirement during the performance of apply to HUBZone status protests. If the which had been’’ and add in its place each order that is set aside for HUBZone D/HUB sustains a protest pursuant to the phrase ‘‘that was’’. small business concerns. § 126.803, SBA will decertify the ■ 42. Revise § 126.601 to read as follows: (c) A certified HUBZone small HUBZone small business concern business concern eligible for the immediately and change the firm’s § 126.601 What additional requirements program pursuant to § 126.200(a) must status in DSBS (or successor system) to must a certified HUBZone small business have at least 35% of its employees reflect that it no longer qualifies as a concern meet to submit an offer on a engaged in performing a HUBZone certified HUBZone small business HUBZone contract? contract residing within any Indian concern without first proposing it for (a) Only certified HUBZone small reservation governed by one or more of decertification. business concerns are eligible to submit the concern’s Indian Tribal Government ■ 39. Revise § 126.504 to read as offers for a HUBZone contract or to owners, or residing within any follows: receive a price evaluation preference HUBZone adjoining any such Indian § 126.504 When will SBA remove the under § 126.613. reservation. designation of a concern in DSBS (or (b) At the time a certified HUBZone (d) A certified HUBZone small successor system) as a certified HUBZone small business concern submits its business concern that has less than 20% small business concern? initial offer (including price) on a of its total employees residing in a (a) SBA will remove the designation specific HUBZone contract, it must HUBZone during the performance of a of a concern in DSBS (or successor certify to the contracting officer that it: HUBZone contract has failed to attempt

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to maintain the HUBZone residency ■ ii. In the final sentence, remove the BD Participant, with an approved requirement. Such failure will result in phrase ‘‘HUBZone SBC’’ and add in its mentor authorized by § 124.520 of this proposed decertification pursuant to place the phrase ‘‘certified HUBZone chapter), for the purpose of submitting § 126.503. small business concern’’; an offer for a HUBZone contract. The ■ iii. In the final sentence, remove the joint venture itself need not be a § 126.603 [Amended] phrase ‘‘HUBZone SBCs’’ and add in its certified HUBZone small business ■ 44. Amend § 126.603 by removing the place the phrase ‘‘certified HUBZone concern. phrase ‘‘qualified HUBZone SBCs’’ and small business concerns’’; * * * * * adding in its place the phrase ‘‘certified ■ c. In Examples 1, 2, and 3 in (e) Certification of compliance.—(1) HUBZone small business concerns’’. paragraph (a)(2), remove the phrase ■ At time of offer. If submitting an offer 45. Amend § 126.607 as follows: ‘‘non-HUBZone SBC’’ wherever it ■ a. Revise the section heading; as a joint venture for a HUBZone appears and add in its place the phrase ■ b. In paragraph (c), amend the contract, at the time of initial offer (and ‘‘non-HUBZone small business introductory text by removing the if applicable, final offer), each certified concern’’ phrase ‘‘qualified HUBZone SBCs’’ and HUBZone small business concern joint ■ d. In the second and third sentences adding in its place the phrase ‘‘certified venture partner must make the in Example 4 in paragraph (a)(2), HUBZone small business concerns’’; following certifications to the ■ c. In paragraph (c)(1), remove the remove the phrase ‘‘HUBZone SBC’’ contracting officer separately under its phrase ‘‘SBA’s list of qualified wherever it appears and add in its place own name: the phrase ‘‘HUBZone small business HUBZone SBCs’’ and add in its place (i) It is a certified HUBZone small concern’’; the phrase ‘‘the list of certified business concern that appears in DSBS ■ e. In the third sentence in Example 4 HUBZone small business concerns (or successor system) as a certified in paragraph (a)(2), remove the phrase contained in DSBS (or successor HUBZone small business concern and it ‘‘HUBZone SBCs’’ and add in its place system)’’. met the eligibility requirements in the phrase ‘‘certified HUBZone small The revision reads as follows: § 126.200 at the time of its initial business concerns’’; certification or, if applicable, at the time § 126.607 When must a contracting officer ■ f. In paragraph (b)(2), remove the of its most recent recertification; set aside a requirement for certified phrase ‘‘qualified HUBZone SBCs’’ and HUBZone small business concerns? add in its place the phrase ‘‘certified (ii) It, together with its affiliates, is * * * * * HUBZone small business concerns’’; small under the size standard and corresponding to the NAICS code § 126.608 [Amended] ■ g. In paragraph (d), remove the phrase assigned to the procurement; ■ 46. Amend § 126.608 by removing the ‘‘SBCs’’ and add in its place the phrase (iii) It will ‘‘attempt to maintain’’ phrase ‘‘HUBZone set-aside’’ and ‘‘small business concerns’’. having at least 35% of its employees adding in its place the phrase ■ 50. Amend § 126.616 as follows: residing in a HUBZone during ‘‘HUBZone set-aside or sole source ■ a. Revise the section heading; performance of the contract; and award’’. ■ b. Revise paragraph (a); (iv) It will comply with the applicable ■ § 126.611 [Amended] c. In paragraph (b) and (d)(1), remove limitations on subcontracting during the phrase ‘‘qualified HUBZone SBC’’ performance of the contract, as set forth ■ 47. Amend the heading of § 126.611 wherever it appears and add in its place in § 125.6 of this chapter and by removing the phrase ‘‘such an the phrase ‘‘certified HUBZone small §§ 126.200(f) and 126.700. appeal’’ and adding in its place the business concern’’; (2) Prior to performance. Prior to the phrase ‘‘an appeal of a contracting ■ d. In the introductory text of performance of any HUBZone contract officer’s decision not to issue a paragraph (c), remove the phrase as a joint venture, the HUBZone small procurement as a HUBZone contract’’. ‘‘HUBZone SBC’’ and add in its place business concern partner to the joint § 126.612 [Amended] ‘‘certified HUBZone small business venture must submit a written ■ 48. Amend § 126.612 as follows: concern’’; certification to the contracting officer ■ a. In the introductory text and ■ e. In paragraphs (c)(2) through (4), and SBA, signed by an authorized paragraph (d), remove the phrase (c)(9), (c)(10), (d)(2), (g), and (i) remove official of each partner to the joint ‘‘qualified HUBZone SBC’’ wherever it the phrase ‘‘HUBZone SBC’’ wherever it venture, stating the following: appears and add in its place the phrase appears’’ and add in its place the phrase (i) The parties have entered into a ‘‘certified HUBZone small business ‘‘certified HUBZone small business joint venture agreement that fully concern’’; concern’’; complies with paragraph (c) of this ■ b. In paragraph (c), remove the phrase ■ f. In paragraphs (c)(7), (i), (j)(2), and section; and ‘‘qualified HUBZone SBCs’’ and add in (k), remove the phrase ‘‘performance of (ii) The parties will perform the its place the phrase ‘‘certified HUBZone work’’ wherever it appears and add in contract in compliance with the joint small business concerns’’. its place the phrase ‘‘limitations on venture agreement. subcontracting’’; and * * * * * § 126.613 [Amended] ■ g. Revise paragraph (e). ■ 49. Amend § 126.613 as follows: The revisions read as follows: § 126.617 [Amended] ■ a. In the section heading and ■ paragraphs (a)(1), (a)(2), (b)(2), and (d), § 126.616 What requirements must a joint 51. Amend § 126.617 as follows: remove the phrase ‘‘qualified HUBZone venture satisfy to submit an offer and be ■ a. In the section heading, remove the SBC’’ wherever it appears and add in its eligible to perform on a HUBZone contract? phrase ‘‘qualified HUBZone SBC’’ and place the phrase ‘‘certified HUBZone (a) General. A certified HUBZone add in its place the phrase ‘‘certified small business concern’’; small business concern may enter into HUBZone small business concern’’; ■ b. In paragraph (a)(1): a joint venture agreement with one or ■ b. Remove the phrase ‘‘qualified ■ i. Remove the phrase ‘‘another SBC’’ more other small business concerns, or HUBZone SBC’’ and add in its place the and add in its place the phrase ‘‘another with an approved mentor authorized by phrase ‘‘certified HUBZone small small business concern’’; § 125.9 of this chapter (or, if also an 8(a) business concern’’.

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§ 126.618 [Amended] (4) Where a concern that is (4) Where the contracting officer ■ 52. Amend § 126.618 as follows: performing a HUBZone contract explicitly requires concerns to recertify ■ a. In paragraph (a), remove the phrase acquires, is acquired by, or merges with their status in response to a solicitation ‘‘the underlying HUBZone another concern and contract novation for an order, SBA will determine requirements’’ and add in its place the is not required, the concern must, eligibility as of the date of the firm’s phrase ‘‘the HUBZone requirements within 30 days of the transaction initial certification or, if applicable, its described in § 126.200’’; becoming final, recertify its status as a most recent recertification. ■ b. In paragraphs (a) through (c), certified HUBZone small business (c) A concern’s status will be remove the phrase ‘‘qualified HUBZone concern status to the procuring agency, determined at the time of submission of SBC’’ wherever it appears and add in its or inform the procuring agency that it its initial response to a solicitation for place the phrase ‘‘certified HUBZone no longer qualifies as a HUBZone small and award of an Agreement (including small business concern’’; business concern. If the contractor is Blanket Purchase Agreements (BPAs), ■ c. In paragraph (c)(1), remove the unable to recertify its status as a Basic Agreements, Basic Ordering phrase ‘‘HUBZone SBC’’ and add in its HUBZone small business concern, the Agreements, or any other Agreement place the phrase ‘‘certified HUBZone agency can no longer count the options that a contracting officer sets aside or small business concern’’; or orders issued pursuant to the reserves awards for certified HUBZone ■ d. In paragraphs (c)(1) and (c)(2), contract, from that point forward, small business concerns) and each order remove the phrase ‘‘performance of towards its HUBZone goals. The agency issued pursuant to the Agreement. work’’ wherever it appears and add in must immediately revise all applicable ■ 54. Revise § 126.700 to read as its place the phrase ‘‘limitations on Federal contract databases to reflect the follows: subcontracting’’. new status. ■ 53. Add § 126.619 to read as follows: § 126.700 What are the limitations on (5) Where a concern is decertified subcontracting requirements for HUBZone § 126.619 When must a certified HUBZone after the award of a HUBZone contract, contracts? small business concern recertify its status the procuring agency may exercise (a) Other than Multiple Award for a HUBZone contract? options and still count the award as an Contracts. For other than a Multiple (a) A concern that is a certified award to a HUBZone small business Award Contract, a prime contractor HUBZone small business concern at the concern, except where recertification is receiving an award as a certified time of initial offer (including a required or requested under this section. HUBZone small business concern must Multiple Award Contract) is generally (b) For the purposes of contracts meet the limitations on subcontracting considered a HUBZone small business (including Multiple Award Contracts) requirements set forth in § 125.6 of this concern throughout the life of that with durations of more than five years chapter. contract. (including options), a contracting officer (b) Multiple Award Contracts.—(1) (1) If a concern is a certified HUBZone must request that a business concern Total Set-Aside Contracts. For a small business concern at the time of recertify its status as a HUBZone small Multiple Award Contract that is totally initial offer for a HUBZone Multiple business concern no more than 120 days set aside for certified HUBZone small Award Contract, then it will be prior to the end of the fifth year of the business concerns, a certified HUBZone considered a certified HUBZone small contract, and no more than 120 days small business concern must comply business concern for each order issued prior to exercising any option. with the applicable limitations on against the contract, unless a contracting (1) If the concern cannot recertify that subcontracting (see § 126.5), or if officer requests a new HUBZone it qualifies as a HUBZone small applicable, the nonmanufacturer rule certification in connection with a business concern, the agency can no (see § 121.406 of this chapter), during specific order. longer count the options or orders the base term and during each (2) Where the underlying Multiple issued pursuant to the contract, from subsequent option period. However, the Award Contract is not a HUBZone that point forward, towards its contracting officer, at his or her contract and a procuring agency is HUBZone goals. This means that if the discretion, may also require the concern setting aside an order for the HUBZone firm either no longer meets the to comply with the limitations on program, a firm must be a certified HUBZone eligibility requirements or no subcontracting or the nonmanufacturer HUBZone small business concern and longer qualifies as small for the size rule for each individual order awarded appear in DSBS (or successor system) as standard corresponding to NAICS code under the Multiple Award Contract. a certified HUBZone small business assigned to the contract, the agency can (2) Partial Set-Aside Contracts. For concern at the time it submits its offer no longer count the options or orders Multiple Award Contracts that are for the order. issued pursuant to the contract, from partially set aside for certified HUBZone (3) Where a HUBZone contract is that point forward, towards its small business concerns, paragraph novated to another business concern, HUBZone goals. (b)(1) of this section applies to the set- the concern that will continue (2) A concern that did not certify itself aside portion of the contract. For orders performance on the contract must as a HUBZone small business concern, awarded under the non-set-aside certify its status as a certified HUBZone either initially or prior to an option portion of a Multiple Award Contract, a small business concern to the procuring being exercised, may recertify itself as a certified HUBZone small business agency, or inform the procuring agency HUBZone small business concern for a concern need not comply with any that it is not a certified HUBZone small subsequent option period if it meets the limitations on subcontracting or business concern, within 30 days of the eligibility requirements at that time. nonmanufacturer rule requirements. novation approval. If the concern is not (3) Recertification does not change the (3) Orders Set Aside for certified a certified HUBZone small business terms and conditions of the contract. HUBZone small business concerns. For concern, the agency can no longer count The limitations on subcontracting, each individual order that is set aside any work performed under the contract, nonmanufacturer and subcontracting for certified HUBZone small business including any options or orders issued plan requirements in effect at the time concerns under a Multiple Award pursuant to the contract, from that point of contract award remain in effect Contract that is not itself setaside for forward towards its HUBZone goals. throughout the life of the contract. certified HUBZone small business

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concerns, a certified HUBZone small concern meets the HUBZone eligibility (5) If the procurement was a business concern must comply with the requirements set forth in § 126.200, SBA HUBZone set-aside, whether the applicable limitations on subcontracting will process the protests concurrently, protester submitted an offer; (see § 125.6 of this chapter), or if under the procedures set forth in part (6) Whether the protested concern applicable, the nonmanufacturer rule 121 of this chapter and this part. was the apparent successful offeror; (see § 121.406 of this chapter), in the (3) SBA does not review issues (7) Whether the procurement was performance of such order. concerning the administration of a conducted using sealed bid or (4) Reserves. For an order that is set HUBZone contract. negotiated procedures; aside for certified HUBZone small (b) Format and specificity. (1) Protests (8) The bid opening date, if business concerns against a Multiple must be in writing and must state all applicable; Award Contract with a HUBZone specific grounds for why the protested (9) The date the protester was notified reserve, a certified HUBZone small concern did not meet the HUBZone of the apparent successful offeror; business concern must comply with the eligibility requirements set forth in (10) The date the protest was applicable limitations on subcontracting § 126.200 at the time the concern submitted to the contracting officer; (see § 125.6 of this chapter), or if applied for certification or at the time (11) The date the protested firm applicable, the nonmanufacturer rule SBA last recertified the concern as a submitted its initial offer or bid to the (see § 121.406 of this chapter), in the HUBZone small business concern. A contracting activity; and performance of such order. However, protest merely asserting that the (12) Whether a contract has been the certified HUBZone small business protested concern did not qualify as a awarded, and if applicable, the date of concern does not have to comply with HUBZone small business concern at the contract award and contract number. the limitations on subcontracting or the time of certification or recertification, § 126.802 [Amended] nonmanufacturer rule for any order without setting forth specific facts or issued against the Multiple Award allegations, is insufficient. A protest ■ 57. Amend § 126.802 by removing the Contract if the order is competed asserting that a firm was not in phrase ‘‘has qualified HUBZone status’’ amongst certified HUBZone small compliance with the HUBZone and adding in its place the phrase business concerns and one or more eligibility requirements at the time of ‘‘qualifies as a certified HUBZone small other-than-small business concerns. offer or award will be dismissed. business concern’’. (2) For a protest filed against a ■ 58. Amend § 126.803 by: § 126.800 [Amended] HUBZone joint venture, the protest ■ a. Revising the section heading; ■ 55. Amend § 126.800 as follows: must state all specific grounds for ■ b. Redesignating paragraphs (a) ■ a. Amend the section heading by why— through (d) as paragraphs (b) through removing the phrase ‘‘qualified (i) The HUBZone small business (e), respectively; ■ HUBZone SBC’’ and adding in its place concern partner to the joint venture did c. Adding new paragraph (a); and ■ the phrase ‘‘certified HUBZone small not meet the HUBZone eligibility d. Revising newly redesignated business concern’’; and requirements set forth in § 126.200 at paragraphs (b)(2), (c), and (e). ■ b. In paragraphs (a) and (b), remove the time the concern applied for The addition and revisions read as the phrase ‘‘qualified HUBZone SBC’’ certification or at the time SBA last follows: wherever it appears and add in its place recertified the concern as a HUBZone the phrase ‘‘certified HUBZone small § 126.803 How will SBA process a small business concern; and/or HUBZone status protest and what are the business concern’’; (ii) The protested HUBZone joint possible outcomes? ■ 56. Amend § 126.801 as follows: venture did not meet the requirements ■ (a) Date at which eligibility a. Revise the section heading; set forth in § 126.616 at the time the ■ b. Revise paragraphs (a), (b), and determined. SBA will determine the joint venture submitted an offer for a eligibility of a concern subject to a (c)(3); and HUBZone contract. ■ c. Revise the second and third HUBZone status protest as of the date of (c) * * * its initial certification or, if applicable, sentences in paragraph (e). (3) Protestors may submit their The revisions read as follows: its most recent recertification. protests by email to [email protected]. (b) * * * § 126.801 How does an interested party file * * * * * (2) If SBA determines the protest is a HUBZone status protest? (e) * * * The contracting officer must timely and sufficiently specific, SBA (a) General. (1) A HUBZone status send the protest, along with a referral will notify the protested concern of the protest is the process by which an letter, to the D/HUB by email to protest and the identity of the protestor. interested party may challenge the [email protected]. The contracting The protested concern must submit HUBZone status of an apparent officer’s referral letter must include information responsive to the protest successful offeror on a HUBZone information pertaining to the within 3 business days of the date of contract, including a HUBZone joint solicitation that may be necessary for receipt of the protest. venture submitting an offer under SBA to determine timeliness and (c) Time period for determination. (1) § 126.616. standing, including the following: SBA will determine the HUBZone status (2) The protest procedures described (1) The solicitation number; of the protested concern within 15 in this part are separate from those (2) The name, address, telephone business days after receipt of a complete governing size protests and appeals. All number, email address, and facsimile protest referral. protests relating to whether a certified number of the contracting officer; (2) If SBA does not issue its HUBZone small business concern is (3) The type of HUBZone contract at determination within 15 business days other than small for purposes of any issue; (or request an extension that is granted), Federal program are subject to part 121 (4) If the procurement was conducted the contracting officer may award the of this chapter and must be filed in using full and open competition with a contract if he or she determines in accordance with that part. If a protester HUBZone price evaluation preference, writing that there is an immediate need protests both the size of the HUBZone whether the protester’s opportunity for to award the contract and that waiting small business concern and whether the award was affected by the preference; until SBA makes its determination will

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be disadvantageous to the Government. concern ineligible, the contracting certification for ninety (90) calendar Notwithstanding such a determination, officer shall either terminate the days from the date of the final agency the provisions of paragraph (d) of this contract or not exercise the next option. decision (the D/HUB’s decision if no section apply to the procurement in (iii) Update FPDS–NG. Where the appeal is filed, or the decision of the question. contract was awarded to a firm that is AA/GCBD if the protest is appealed). * * * * * found not to qualify as a HUBZone PART 127—WOMEN-OWNED SMALL (e) Effect of determination. The small business concern, the contracting BUSINESS FEDERAL CONTRACT determination is effective immediately officer must update the Federal PROGRAM and is final unless overturned on appeal Procurement Data System-Next by the AA/GC&BD, or designee, Generation (FPDS–NG) and other ■ 59. Amend § 127.602 by redesignating pursuant to § 126.805. procurement reporting databases to the text of § 127.602 as paragraph (a) (1) Protest sustained. If the D/HUB reflect the final agency HUBZone and adding paragraph (b). finds the protested concern ineligible decision (i.e., the D/HUB’s decision if and sustains the protest, SBA will no appeal is filed, or the decision of the The addition reads as follows: decertify the concern and remove its AA/GCBD if the protest is appealed). (2) Protest dismissed or denied. If the § 127.602 What are the grounds for filing designation as a certified HUBZone D/HUB denies or dismisses the protest, an EDWOSB or WOSB status protest? small business concern in DSBS (or the contracting officer may award the * * * * * successor system). A contracting officer contract to the protested concern. shall not award a contract to a protested (b) For a protest filed against an (i) No appeal filed. If a contracting EDWOSB or WOSB joint venture, the concern that the D/HUB has determined officer receives a determination is not an eligible HUBZone small protest must state all specific grounds dismissing or denying a protest and no for why— business concern for the procurement in appeal has been filed, the contracting question. officer may: (1) The EDOWSB or WOSB partner to (i) No appeal filed. If a contracting (A) Award the contract to the the joint venture did not meet the officer receives a determination protested concern if it has not yet been EDWOSB or WOSB eligibility sustaining a protest after contract award, awarded; or requirements set forth in § 127.200; and/ and no appeal has been filed, the (B) Authorize contract performance to or contracting officer shall terminate the proceed if the contract has been (2) The protested EDWOSB or WOSB award. awarded. joint venture did not meet the (ii) Appeal filed. (A) If a timely appeal (ii) Appeal filed. If the AA/GCBD requirements set forth in § 127.506. is filed after contract award, the overturns the initial determination or contracting officer must consider dismissal, the contracting officer may Dated: October 19, 2018. whether performance can be suspended apply the appeal decision to the Linda E. McMahon, until an appellate decision is rendered. procurement in question. Administrator. (B) If the AA/GCBD affirms the initial (3) A concern found to be ineligible is [FR Doc. 2018–23285 Filed 10–30–18; 8:45 am] determination finding the protested precluded from applying for HUBZone BILLING CODE 8025–01–P

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Part III

The President

Memorandum of October 26, 2018—Delegation of Authority Under Section 1069 of the National Defense Authorization Act for Fiscal Year 2019 Memorandum of October 26, 2018—Delegation of Authority Under Section 3132(d) of the National Defense Authorization Act for Fiscal Year 2019

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Federal Register Presidential Documents Vol. 83, No. 211

Wednesday, October 31, 2018

Title 3— Memorandum of October 26, 2018

The President Delegation of Authority Under Section 1069 of the National Defense Authorization Act for Fiscal Year 2019

Memorandum for the Secretary of State[,] the Secretary of Defense[,] the Attorney General[,] the Secretary of Homeland Security[,] the Director of the Office of Management and Budget[,] the Director of National Intelligence[,] the Director of the Central Intelligence Agency[, and] the Director of the Federal Bureau of Investigation

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 delegate to the Secretary of Defense, in consulta- tion with the Secretary of State, the Attorney General, the Secretary of Homeland Security, the Director of the Office of Management and Budget, the Director of National Intelligence, the Director of the Central Intelligence Agency, and the Director of the Federal Bureau of Investigation, the authority to provide the appropriate report on the effects of cyber-enabled information operations on the national security of the United States to the Congress as required by section 1069 of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232). The delegation in this memorandum shall apply to any provision of any future public law that is the same or substantially the same as the provision referenced in this memorandum. The Secretary of Defense is authorized and directed to publish this memo- randum in the Federal Register.

THE WHITE HOUSE, Washington, October 26, 2018

[FR Doc. 2018–23971 Filed 10–30–18; 11:15 am] Billing code 5001–06–P

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Memorandum of October 26, 2018

Delegation of Authority Under Section 3132(d) of the Na- tional Defense Authorization Act for Fiscal Year 2019

Memorandum for the Secretary of Defense[,] the Attorney General[,] the Secretary of Energy[,] the Secretary of Homeland Security[, and] the Di- rector of National Intelligence

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 delegate to the Secretary of Energy, in coordina- tion with the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence, the authority to provide the briefing to the Congress called for by section 3132(d) of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232). The delegation in this memorandum shall apply to any provision of any future public law that is the same or substantially the same as the provision referenced in this memorandum. The Secretary of Energy is authorized and directed to publish this memo- randum in the Federal Register.

THE WHITE HOUSE, Washington, October 26, 2018

[FR Doc. 2018–23973 Filed 10–30–18; 11:15 am] Billing code 6450–01–P

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Part IV

The President

Proclamation 9811—Establishment of the Camp Nelson National Monument Proclamation 9812—Honoring the Victims of the Tragedy in Pittsburgh, Pennsylvania Proclamation 9813—To Modify the List of Products Eligible for Duty-Free Treatment Under the Generalized System of Preferences

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Federal Register Presidential Documents Vol. 83, No. 211

Wednesday, October 31, 2018

Title 3— Proclamation 9811 of October 26, 2018

The President Establishment of the Camp Nelson National Monument

By the President of the United States of America

A Proclamation Initially established as a Union Army supply depot and hospital, Camp Nelson, located in Jessamine County, Kentucky, was a key site of emanci- pation for African American soldiers and a refugee camp for their families during the Civil War. Camp Nelson was one of the largest Union Army recruitment centers for African American Union soldiers, then known as United States Colored Troops. During the war, thousands of enslaved African Americans risked their lives escaping to Camp Nelson, out of a deep desire for freedom and the right of self-determination. Today, the site is one of the best-preserved landscapes and archeological sites associated with United States Colored Troops recruitment and the refugee experiences of African American slaves seeking freedom during the Civil War. Between 1863 and 1865, Camp Nelson served as a bustling Union Army encampment, hospital, and supply depot. From it, the Union Army dis- patched soldiers, horses, and other supplies to support military operations at the Cumberland Gap and the frontlines in Tennessee and Virginia. During this time, enslaved individuals sought to gain their freedom by fleeing to Camp Nelson and other Union military installations in Kentucky. They placed their hope in places like Camp Nelson even though slavery was then legal in Kentucky. The Emancipation Proclamation, issued by President Abraham Lincoln on January 1, 1863, to free slaves from bondage, applied only to jurisdictions in which the people were in rebellion against the United States. As a strategically important border State, Kentucky had re- mained loyal to the Union and, therefore, was not within the proclamation’s scope. Kentucky was the last State in the Union to allow the enlistment of African American men. Beginning in April of 1864, however, the State allowed free African American men and enslaved men who had the express permis- sion of their owners to enlist. Notwithstanding these limited avenues to enlistment, hundreds of enslaved men risked their lives fleeing slavery and arrived at Camp Nelson during the spring of 1864, with the goal of enlisting in the Union Army in order to gain their freedom and to fight for the freedom of others. As the pressure to meet recruitment demands grew, the Union Army was forced to allow all able-bodied men who were of age to join the Army. Kentucky, in particular, was unable to meet its draft quotas with only white soldiers. In the summer after enslaved men began to arrive at Camp Nelson, in June of 1864, more than 500 United States Colored Troops were mustered into service. In July, a record 1,370 new African American troops enlisted in the Union Army. On the single biggest recruitment day—July 25, 1864—322 African American men enlisted at Camp Nelson. By the end of the Civil War, more than 23,000 African Americans had joined the Union Army in Kentucky, making it the second largest contributor of United States Colored Troops of any State. More than 10,000 of these troops enlisted or were trained at Camp Nelson. Eight United States Colored Troop regiments were founded at Camp Nelson and five other such regiments were stationed there during the war.

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Many enslaved men who arrived at Camp Nelson in 1864 were accompanied by their families. Although enlisting in the Union Army allowed men to gain their own freedom, it did not have the same effect for their family members, who often remained slaves in the eyes of the law and struggled to support and defend themselves. African Americans at Camp Nelson who did not enlist built refugee encampments. And as United States Colored Troop recruitment continued to climb, so did the population of freedom- seeking refugees at Camp Nelson, despite efforts by the Union Army to break them up and return the enslaved individuals to their owners. The Union Army’s efforts to remove refugees from Camp Nelson culminated in the tragic, forced expulsion of approximately 400 African American women and children during frigid weather in November of 1864, causing the deaths of 102 refugees. That tragedy brought national attention and public support to the plight of the refugees at Camp Nelson. In response, the Union Army established the Camp Nelson Home for Colored Refugees in January 1865, creating a safe haven for the wives and children of enlisted African American soldiers in Jessamine County, Kentucky. Influenced by these events, the Congress took action in March of 1865 by emancipating the wives and children of any enlisted member of the United States Colored Troops. This law protected the refugees at Camp Nelson. It also provided an additional incentive for African American men to enlist in the Union Army, and caused recruitment to steadily climb through the end of the war. In fact, as of the spring of 1865, Camp Nelson and the refugee home were at their largest, with thousands of new recruits, Union troops, refugees, and civilians working and living in hundreds of structures. In 1865, after the end of the war, the Department of War began the process of closing Camp Nelson. It took inventory of existing buildings and equipment and prepared to dismantle and abandon the camp. Many of Camp Nelson’s military buildings, all of which were built as temporary structures to be used during wartime, were either sold and moved, or dismantled. Only a few structures, like the Oliver Perry house, which predated the camp’s establishment, and the Camp Nelson Home for Colored Refugees, were left intact following the closure. The Bureau of Refugees, Freedmen, and Abandoned Lands, more commonly referred to as the ‘‘Freedmen’s Bureau,’’ assumed management of the Camp Nelson Home for Colored Refugees during the post-war transition. Many of the African Americans who lived at Camp Nelson had envisioned that the refugee home would be a center for a thriving post-war African American community. The policy of the Freedmen’s Bureau, however, was to remove all refugees from military installations. By October of 1865, all of the former Civil War refugee camps in Kentucky and Tennessee had been closed, with the exception of Camp Nelson. While the refugee home officially closed in 1866, approximately 250 individuals stayed and sustained a community there, which today is known as Hall, Kentucky. And although no original buildings remain from the Camp Nelson Home for Colored Refugees, the descendants of refugees and soldiers maintain connections to Camp Nelson, and some still live in the Hall community. The history of Camp Nelson is now told primarily through archival and military records, as well as rich archeological evidence from the site. The well-preserved in situ archeological resources associated with the military installation, recruitment camp, and refugee home provide robust opportuni- ties for researchers to understand the African American experience during the Civil War. The broader Camp Nelson archeological record also provides opportunities for research and scholarship related to military history, race, identity, and gender during the Civil War—a pivotal chapter of the Nation’s history. The preserved archeological resources at the sites of Camp Nelson and the Camp Nelson Home for Colored Refugees provide insight into what was once a place where formerly enslaved individuals experienced freedom and self-determination, and struggled to create a sense of home, amidst the chaos of war. Camp Nelson reminds us of the courage and determination

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possessed by formerly enslaved African Americans as they fought for their freedom. WHEREAS, section 320301 of title 54, United States Code (the ‘‘Antiquities Act’’), authorizes the President, in his discretion, to declare by public procla- mation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the Federal Government to be national monuments, and to reserve as a part thereof parcels of land, the limits of which shall be confined to the smallest area compatible with the proper care and manage- ment of the objects to be protected; WHEREAS, the Camp Nelson Historic and Archeological District was des- ignated as a National Historic Landmark in 2016 for its national significance as the site of one of the Nation’s largest recruitment and training centers for African American soldiers during the Civil War, as well as a refugee camp for the families of those African American soldiers; WHEREAS, Jessamine County, Kentucky, has donated to the American Battle- field Trust fee title to the Camp Nelson Civil War Heritage Park, located at 6614 Danville Road, Nicholasville, Kentucky, totaling approximately 373 acres, and the nearby property containing archeological evidence of the Camp Nelson Home for Colored Refugees, totaling approximately 7 acres (collectively, the Camp Nelson site); WHEREAS, the American Battlefield Trust has relinquished fee title to these properties to the Federal Government; WHEREAS, the designation of a national monument to be administered by the National Park Service (NPS) would recognize the historic significance of the Camp Nelson site, particularly the events that transpired at this location during and after the Civil War, and provide a national platform for preserving this history; WHEREAS, the NPS intends to cooperate with Jessamine County, Kentucky, in the preservation, interpretation, operation, and maintenance of, and in educating about, the Camp Nelson site; WHEREAS, it is in the public interest to preserve and protect the Camp Nelson site, in Jessamine County, Kentucky, and the objects of historic interest therein; NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by the authority vested in me by section 320301 of title 54, United States Code, hereby proclaim the objects identified above that are situated upon lands and interests in lands owned or controlled by the Federal Government to be the Camp Nelson National Monument (monument) and, for the purpose of protecting those objects, reserve as a part thereof all lands and interests in lands owned or controlled by the Federal Govern- ment within the boundaries described on the accompanying map entitled ‘‘Camp Nelson National Monument, Nicholasville, Kentucky,’’ which is at- tached to and forms a part of this proclamation. The reserved Federal lands and interests in lands encompass approximately 380 acres. The boundaries described on the accompanying map are confined to the smallest area compat- ible with the proper care and management of the objects to be protected. All Federal lands and interests in lands within the boundaries described on the accompanying map are hereby appropriated and withdrawn from all forms of entry, location, selection, sale, or other disposition under the public land laws, from location, entry, and patent under the mining laws, and from disposition under all laws relating to mineral and geothermal leasing. The establishment of the monument is subject to valid existing rights. If the Federal Government acquires any lands or interests in lands not owned or controlled by the Federal Government within the boundaries described on the accompanying map, such lands and interests in lands shall be reserved as a part of the monument, and objects identified above that are situated

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upon those lands and interests in lands shall be part of the monument, upon acquisition of ownership or control by the Federal Government. The Secretary of the Interior (Secretary) shall manage the monument through the NPS, pursuant to applicable legal authorities, consistent with the pur- poses and provisions of this proclamation. The Secretary shall prepare a management plan with full and appropriate public involvement within 3 years of the date of this proclamation. The management plan shall ensure that the monument fulfills the following purposes for the benefit of present and future generations: (1) to preserve and protect the objects of historic interest within the monument, and (2) to interpret the objects, resources, and values related to the Camp Nelson site. The management plan shall also set forth the desired relationship of the monument to other related resources, programs, and organizations, both within and outside the National Park System. The NPS is directed to use applicable authorities to seek to enter into agreements with others, including Jessamine County, to address common interests and promote management efficiencies, including provision of visitor services, interpretation and education, establishment and care of museum collections, and preservation of historic objects. Nothing in this proclamation shall be deemed to revoke any existing with- drawal, reservation, or appropriation; however, the national monument shall be the dominant reservation. Warning is hereby given that no unauthorized persons shall appropriate, injure, destroy, or remove any feature of this monument, or locate or settle upon any of the lands thereof. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of October, in the year of our Lord two thousand eighteen, and of the Independence of the United States of America the two hundred and forty-third.

Billing code 3295–F9–P

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OFFICE: t.and Resour~& Program center REGION.: Southeast Region . •. PARK: Camp Nelson. National Monument TOT:ALPROPOSEO.:ACRE:AGE: 380 a¢re& •1. ft!AP NUM&IER: 15321144,148 . DATE: Oc~er.201t

[FR Doc. 2018–24027

Filed 10–30–18; 2:00 p.m.] Billing code 3295–F9–C

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Proclamation 9812 of October 27, 2018

Honoring the Victims of the Tragedy in Pittsburgh, Pennsyl- vania

By the President of the United States of America

A Proclamation As a mark of solemn respect for the victims of the terrible act of violence perpetrated at The Tree of Life Synagogue in Pittsburgh, Pennsylvania, on October 27, 2018, by the authority vested in me as President of the United States by the Constitution and the laws of the United States of America, I hereby order that the flag of the United States shall be flown at half- staff at the White House and upon all public buildings and grounds, at all military posts and naval stations, and on all naval vessels of the Federal Government in the District of Columbia and throughout the United States and its Territories and possessions until sunset, October 31, 2018. I also direct that the flag shall be flown at half-staff for the same length of time at all United States embassies, legations, consular offices, and other facilities abroad, including all military facilities and naval vessels and stations. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-seventh day of October, in the year of our Lord two thousand eighteen, and of the Independence of the United States of America the two hundred and forty-third.

[FR Doc. 2018–24030 Filed 10–30–18; 2:00 pm] Billing code 3295–F9–P

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Proclamation 9813 of October 30, 2018

To Modify the List of Products Eligible for Duty-Free Treat- ment Under the Generalized System of Preferences

By the President of the United States of America

A Proclamation 1. Pursuant to section 503(c)(1) of the Trade Act of 1974, as amended (the ‘‘1974 Act’’) (19 U.S.C. 2463(c)(1)), the President may withdraw, suspend, or limit application of the duty-free treatment that is accorded to specified articles under the Generalized System of Preferences (GSP) when imported from designated beneficiary developing countries. 2. Pursuant to section 503(c)(1) of the 1974 Act, and having considered the factors set forth in sections 501 and 502(c) of the 1974 Act (19 U.S.C. 2461 and 2462(c)), I have determined to withdraw the application of the duty-free treatment accorded to a certain article. 3. Section 503(c)(2)(A) of the 1974 Act (19 U.S.C. 2463(c)(2)(A)) subjects beneficiary developing countries, except those designated as least-developed beneficiary developing countries or beneficiary sub-Saharan African countries as provided in section 503(c)(2)(D) of the 1974 Act (19 U.S.C. 2463(c)(2)(D)), to competitive-need limitations on the duty-free treatment accorded to eligible articles under the GSP. 4. Pursuant to section 503(c)(2)(A) of the 1974 Act, I have determined that in 2017 certain beneficiary developing countries exported eligible articles in quantities exceeding the applicable competitive-need limitations. I hereby terminate the duty-free treatment for such articles from such beneficiary developing countries. 5. Section 503(d)(1) of the 1974 Act (19 U.S.C. 2463(d)(1)) provides that the President may waive the application of the competitive-need limitations in section 503(c)(2) of the 1974 Act with respect to any eligible article from any beneficiary developing country if certain conditions are met. 6. Pursuant to section 503(d)(1) of the 1974 Act, I have received the advice of the United States International Trade Commission on whether any industry in the United States is likely to be adversely affected by such waivers of the competitive-need limitations provided in section 503(c)(2) of the 1974 Act. I have determined, based on that advice and the considerations described in sections 501 and 502(c) of the 1974 Act, and having given great weight to the considerations in section 503(d)(2) of the 1974 Act (19 U.S.C. 2463(d)(2)), that such waivers are in the national economic interest of the United States. Accordingly, I have determined that the competitive- need limitations of section 503(c)(2) of the 1974 Act should be waived with respect to certain eligible articles from certain beneficiary developing countries. 7. Section 503(c)(2)(C) of the 1974 Act (19 U.S.C. 2463(c)(2)(C)) provides that a country that is no longer treated as a beneficiary developing country with respect to an eligible article may be redesignated as a beneficiary developing country with respect to such article, subject to the considerations set forth in sections 501 and 502 of the 1974 Act, if imports of such article from such country did not exceed the competitive-need limitations in section 503(c)(2)(A) of the 1974 Act during the preceding calendar year.

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8. Pursuant to section 503(c)(2)(C) of the 1974 Act, and having taken into account the considerations set forth in sections 501 and 502 of the 1974 Act, I have determined to redesignate a certain country as a beneficiary developing country with respect to a certain eligible article that during the preceding calendar year had been imported in quantities not exceeding the competitive-need limitations of section 503(c)(2)(A) of the 1974 Act. 9. Section 604 of the 1974 Act (19 U.S.C. 2483) authorizes the President to embody in the Harmonized Tariff Schedule of the United States (HTS) the substance of the relevant provisions of the 1974 Act, and of other Acts affecting import treatment, and actions thereunder, including removal, modification, continuance, or imposition of any rate of duty or other import restriction. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, acting under the authority vested in me by the Constitution and the laws of the United States of America, including title V and section 604 of the 1974 Act, do hereby proclaim that: (1) In order to provide that several countries should no longer be treated as beneficiary developing countries with respect to one or more eligible articles for purposes of the GSP, the Rates of Duty 1–Special subcolumn for the corresponding HTS subheadings and general note 4(d) to the HTS are modified as set forth in sections A, B, C, and D of Annex I to this proclamation. (2) In order to redesignate a certain article as an eligible article for purposes of the GSP, the Rates of Duty 1–Special subcolumn for the corresponding HTS subheadings and general note 4(d) to the HTS are modified as set forth in sections E and F of Annex I to this proclamation. (3) A waiver of the application of section 503(c)(2) of the 1974 Act shall apply to the eligible articles in the HTS subheadings exported by the bene- ficiary developing countries as set forth in Annex II to this proclamation. (4) The modifications to the HTS set forth in Annexes I and II of this proclamation shall be effective with respect to articles entered for consump- tion, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on November 1, 2018. (5) Any provisions of previous proclamations and Executive Orders that are inconsistent with the actions taken in this proclamation are superseded to the extent of such inconsistency.

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

Billing code 3295–F9–P

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Annex I

Modifications to the Harmonized Tariff Schedule of the United States

Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on November 1, 2018, the Harmonized Tariff Schedule of the United States (HTS) is modified for the following subheadings:

Section A The HTS is modified as provided herein, with the language in the new tariff provisions inserted in the HTS columns labeled Heading/Subheading, Article Description, Rates ofDuty 1-General, Rates ofDuty 1-Special, and Rates ofDuty 2, respectively:

su bhea d" mg 2009 89 60 lS. d eee1 t d dan the ofl 11 owmg new prov1s10ns are mserte d m· rteu t h ereo f : Heading/ Rates of Duty Subheading Article description 1 2 General Special [2009] [Fruit juices (including grape must) and vegetable juices, not fortified with vitamins or minerals, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter:] [Juice of any single fruit or vegetable:] [2009.89] [Other:] [Fruit Juice:] "2009.89.65 Cherry juice ...... 0.5¢/liter Free (A*, 18¢/ AU, BH, liter CA, CL, CO, D, E, IL, JO, KR,MA, MX,OM, P, PA, PE, SG) 2009.89.70 Other ...... 0.5¢/liter Free (A*, 18¢/ AU, BH, liter" CA,CL, CO, D, E, IL, JO, KR,MA, MX,OM, P, PA, PE, SG)

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Section B General note 4( d) to the HTS is modified by deleting, in numerical sequence, the following subheading number and the country set out opposite such subheading numbers: "2009.89.60 Ukraine" General note 4(d) to the HTS is modified by adding, in numerical sequence, the following subheading numbers and countries set out opposite such subheading numbers: "2009.89.65 Turkey, Ukraine 2009.89.70 Ukraine"

Section C For each of the following subheadings, the Rates of Duty 1-Special subcolumn is modified by deleting the symbol "A" and inserting the symbol "A*" in lieu thereof: "0304.91.90 2840.11.00 0304.92.90 2841.61.00 0304.93.90 2841.70.50 0305.20.20 2844.30.10 0405.20.80 2903.83.00 0603.13.00 2904.10.08 0710.80.50 2904.99.04 0711.40.00 2907.15.10 0713.34.20 2907.29.25 0713.60.60 2908.19.20 0714.30.60 2909.19.18 0714.50.60 2913.00.50 0802.80.10 2914.31.00 0810.60.00 2914.40.10 0813.40.10 2915.50.20 0813.40.80 2916.19.50 1103.19.14 2918.13.50 1202.41.40 2920.23.00 1301.90.40 2921.42.21 1602.50.05 2921.42.23 1806.90.01 2922.29.26 2001.90.45 2924.29.36 2005.80.00 2924.29.43 2006.00.70 2926.10.00 2008.11.25 2930.90.30 2008.99.50 2931.32.00 2516.20.20 2931.34.00 2827.39.25 2932.99.08 2827.39.45 2933.19.35 2828.10.00 2933.99.06 2831.90.00 2933.99.85 2833.29.40 2935.90.20 2834.10.10 3301.13.00

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3603.00.60 5209.41.30 3802.90.10 5607.90.35 3824.99.32 5702.92.10 3920.94.00 6802.99.00 4012.90.45 7113.20.25 4101.90.40 7202.11.10 4104.11.30 7403.19.00 4107.12.40 8112.19.00 4107.19.40 8410.13.00 4107.91.40 8443.11.10 4107.99.80 8450.20.00 4411.12.90 9205.90.14 4602.19.23 9614.00.26 5209.31.30 9620.00.15"

Section D General note 4(d) to the HTS is modified by adding, for each of the subheading numbers set out below, the country set out opposite such subheading number in alphabetical sequence: 1702.90.10 "Argentina" 2906.1.9.30 "Brazil" 4418.73.30 "Thailand"

General note 4(d) to the HTS is modified by adding, in numerical sequence the following subheading numbers and the countries set out opposite such subheading numbers: "0304.91.90 Ecuador 2001.90.45 India 0304.92.90 Falkland Islands (Islas 2005.80.00 Thailand Malvinas) 2006.00.70 Thailand 0304.93.90 Suriname 2008.11.25 Argentina 0305.20.20 Pakistan 2008.99.50 Thailand 0405.20.80 India 2516.20.20 India 0603.13.00 Thailand 2827.39.25 India 0710.80.50 Turkey 2827.39.45 India 0711.40.00 India 2828.10.00 India 0713.34.20 Belize 2831.90.00 India 0713.60.60 India 2833.29.40 Turkey 0714.30.60 The Philippines 2834.10.10 India 0714.50.60 Ecuador 2840.11.00 Turkey 0802.80.10 India 2841.61.00 India 0810.60.00 Thailand 2841.70.50 India 0813.40.10 Thailand 2844.30.10 India 0813.40.80 Thailand 2903.83.00 India 1103.19.14 India 2904.10.08 India 1202.41.40 Ecuador 2904.99.04 India 1301.90.40 India 2907.15.10 India 1602.50.05 Brazil 2907.29.25 India 1806.90.01 Ecuador 2908.19.20 India

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2909.19.18 Brazil 3920.94.00 India 2913.00.50 India 4012.90.45 Brazil 2914.31.00 India 4101.90.40 Brazil 2914.40.10 Brazil 4104.11.30 India 2915.50.20 India 4107.12.40 India 2916.19.50 Indonesia 4107.19.40 India 2918.13.50 India 4107.91.40 India 2920.23.00 India 4107.99.80 Brazil 2921.42.21 India 4411.12.90 Brazil 2921.42.23 India 4602.19.23 The Philippines 2922.29.26 India 5209.31.30 India 2924.29.36 India 5209.41.30 India 2924.29.43 India 5607.90.35 The Philippines 2926.10.00 Brazil 5702.92.10 India 2930.90.30 India 6802.99.00 Brazil 2931.32.00 India 7113.20.25 India 2931.34.00 India 7202.11.10 Brazil 2932.99.08 India 7403.19.00 Brazil 2933.19.35 India 8112.19.00 Kazakhstan 2933.99.06 India 8410.13.00 Brazil 2933.99.85 India 8443.11.10 Thailand 2935.90.20 India 8450.20.00 Thailand 3301.13.00 Argentina 9205.90.14 India 3603.00.60 Bosnia and Herzegovina 9614.00.26 Egypt 3802.90.10 Brazil 9620.00.15 Thailand" 3824.99.32 Brazil

Section E For each ofthe following subheadings, the Rates of Duty 1-Special is modified by deleting the symbol "A*" and inserting the symbol "A" in lieu thereof: "2841.90.20"

Section F General note 4(d) to the HTS is modified by removing the following subheading numbers and the countries set out opposite such subheading numbers: "2841.90.20 Kazakhstan"

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Annex II

Effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on November 1, 2018, the Harmonized Tariff Schedule of the United States (HTS) is modified for the following subheadings: HTS Subheadings and Countries Granted a Waiver ofthe Application of Section 503(c)(2)(A) of the 1974 Act: "0410.00.00 Indonesia 2836.91.00 Argentina 7202.50.00 Kazakhstan"

[FR Doc. 2018–24032

Filed 10–30–18; 2:00 p.m.] Billing code 7020–02–C

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Reader Aids Federal Register Vol. 83, No. 211 Wednesday, October 31, 2018

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 3 CFR No. 2019–03 of Executive orders and proclamations 741–6000 October 5, 2018 ...... 51619 The United States Government Manual 741–6000 Proclamations: 9791...... 50241 5 CFR Other Services 9792...... 50243 9800...... 49769 Electronic and on-line services (voice) 741–6020 9793...... 50245 Proposed Rules: Privacy Act Compilation 741–6050 9794...... 50247 337...... 54266 9795...... 50249 7 CFR ELECTRONIC RESEARCH 9796...... 50251 9797...... 50253 51...... 50475 World Wide Web 9798...... 50803 318...... 49987 Full text of the daily Federal Register, CFR and other publications 9799...... 51299 319...... 49987 is located at: www.govinfo.gov. 9800...... 51613 400...... 51301 Federal Register information and research tools, including Public 9801...... 51615 900...... 52943 Inspection List and electronic text are located at: 9802...... 51621 906...... 52944 www.federalregister.gov. 9803...... 52111 945...... 49776 9804...... 52113 982...... 52946 E-mail 9805...... 52933 989...... 53965 FEDREGTOC (Daily Federal Register Table of Contents Electronic 9806...... 52935 1220...... 53365 Mailing List) is an open e-mail service that provides subscribers 9807...... 52937 1400...... 49459 with a digital form of the Federal Register Table of Contents. The 9808...... 53797 1416...... 49459 digital form of the Federal Register Table of Contents includes 9809...... 53799 Proposed Rules: HTML and PDF links to the full text of each document. 9810...... 54511 56...... 50527 To join or leave, go to https://public.govdelivery.com/accounts/ 9811...... 54845 62...... 50527 USGPOOFR/subscriber/new, enter your email address, then 9812...... 54851 70...... 50527 follow the instructions to join, leave, or manage your 9813...... 54853 226...... 50038 subscription. Administrative Orders: 810...... 49498 PENS (Public Law Electronic Notification Service) is an e-mail Memorandums: 905...... 49499, 53003 service that notifies subscribers of recently enacted laws. Memorandum of June 920...... 49312 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 28, 2010 (revoked 944...... 53003 and select Join or leave the list (or change settings); then follow by Memo. of October 985...... 50527 the instructions. 25, 2018)...... 54513 986...... 50531 FEDREGTOC and PENS are mailing lists only. We cannot Memorandum of June 989...... 53402 respond to specific inquiries. 14, 2013 (revoked 1212...... 49314 Reference questions. Send questions and comments about the by Memo. of October Federal Register system to: [email protected] 25, 2018)...... 54513 8 CFR The Federal Register staff cannot interpret specific documents or Memorandum of Proposed Rules: regulations. September 10, 103...... 51114 2018 ...... 50237 212...... 51114 FEDERAL REGISTER PAGES AND DATE, OCTOBER Memorandum of 213...... 51114 October 16, 2018 ...... 53157 214...... 51114 49265–49458...... 1 Memorandum of 245...... 51114 49459–49768...... 2 October 19, 2018 ...... 53961 248...... 51114 49769–49986...... 3 Memorandum of 49987–50254...... 4 October 25, 2018 ...... 54513 10 CFR 50255–50474...... 5 Memorandum of 52...... 51304 50475–50802...... 9 October 26, 2018 ...... 54839 72...... 53159 50803–51300...... 10 Memorandum of Proposed Rules 51301–51620...... 11 October 26, 2018 ...... 54841 2...... 50533 51621–51814...... 12 Notice of October 17, 72...... 53191, 54684 51815–52114...... 15 2018 ...... 52941 431...... 49501 52115–52304...... 16 Notice of October 25, 1004...... 54268 52305–52750...... 17 2018 ...... 54227 52751–52942...... 18 Presidential 11 CFR 52943–53158...... 19 Determinations: 9405...... 53801 53159–53362...... 22 No. 2018–12 of 9407...... 53801 53363–53562...... 23 September 11, 9409...... 53801 53563–53800...... 24 2018 ...... 50239 9410...... 53801 53801–53964...... 25 No. 2018–13 of 9420...... 53801 53965–54228...... 26 September 28, 9428...... 53801 54229–54512...... 29 2018 ...... 53363 54313–54662...... 30 No. 2019–02 of 12 CFR 54663–54860...... 31 October 5, 2018 ...... 51617 45...... 50805

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201...... 49472 1234...... 53371 4022...... 49799, 51836 4...... 54250 204...... 49473, 54517 Proposed Rules: 4043...... 49799 36...... 50506 237...... 50805 1130...... 50542 4044...... 49799 Proposed Rules: 349...... 50805 Proposed Rules: 17...... 52345 624...... 50805 17 CFR 541...... 49869 1221...... 50805 210...... 50148 2510...... 53534, 54420 39 CFR 1231...... 49987 227...... 52962 2590...... 54420 20...... 52323 1239...... 52950 229...... 50148 111...... 51359, 52326 1273...... 52950 230...... 50148, 52962 30 CFR 3010...... 52154 1290...... 52115 239...... 50148 779...... 53575 3050...... 49286 Proposed Rules: 240...... 50148 Proposed Rules: 30...... 50046 249...... 50148 31 CFR 20...... 52351 350...... 53829 274...... 50148 33...... 53575 111...... 52353 722...... 49857 420...... 52767 800...... 51316 3050...... 52178 1083...... 51653 Proposed Rules: 801...... 51322 40 CFR 4...... 52902 Proposed Rules: 13 CFR 210...... 49630 1...... 54059 9 ...... 49295, 49806, 50838, Proposed Rules: 229...... 49630 51360, 54031, 54032 115...... 54812 239...... 49630 32 CFR 52 ...... 49295, 49297, 49298, 121...... 54812 240 ...... 49630, 50297, 53007 310...... 52317 49300, 49492, 49826, 50007, 125...... 54812 249...... 49630 706...... 52768, 54674 50010, 50012, 50014, 50018, 126...... 54812 Proposed Rules: 50022, 50024, 50264, 50266, 18 CFR 151...... 53020 50271, 50274, 50506, 50849, 14 CFR 4...... 53575 275...... 54297 50851, 50854, 51361, 51366, 25 ...... 53163, 53166, 53168 40...... 53992 553...... 53412 51629, 52772, 52983, 53816, 29...... 51623, 51624 Proposed Rules: 2402...... 54684 54032, 54053 39 ...... 49265, 49269, 49272, 2...... 51654 61...... 53183, 33 CFR 49275, 49475, 49780, 49784, 38...... 51654 63...... 51842, 53183 49786, 49789, 49791, 49793, 100 ...... 49489, 51625, 52770 70...... 49300 50477, 50479, 50482, 50814, 20 CFR 117 ...... 49278, 49279, 49280, 71...... 54521 50816, 50818, 50821, 51304, 416...... 51836 50007, 50259, 51628, 51837, 72...... 54521 80...... 53584 51313, 51815, 51819, 51823, Proposed Rules: 51838, 52148, 52319, 52976, 81...... 50024, 52157 51825, 51829, 52118, 52120, 404...... 51400 53375, 53376, 53584, 53810, 82...... 50026 52123, 52126, 52131, 52135, 408...... 51400 53813, 54245, 54247, 54248 131...... 52163 52137, 52140, 52143, 52305, 416...... 51400 165 ...... 49281, 49283, 50260, 52751, 52754, 52756, 53171, 50262, 50503, 51334, 51336, 141...... 51636, 54676 53366, 53368, 53563, 53567, 21 CFR 51338, 51628, 51838, 52320, 180 ...... 50284, 51857, 51863, 52986, 52991, 52996, 54259 53569, 53573, 53802, 53974, 73...... 54665 52977, 52979, 52981, 53814 271...... 54521 53976, 54229, 54663 Proposed Rules: 172...... 50487, 50490 272...... 54521 71 ...... 49277, 49482, 49483, 100...... 52333 177...... 50490 700...... 52694 50255, 50256, 50823, 51315, 165 ...... 50310, 50545, 53023, 573...... 49485 720...... 52694 51832, 51833, 51834, 52147, 53199 866...... 52313 721 ...... 49295, 49806, 50838, 53806, 53807, 53809, 53979, 868...... 52964, 54006 53981, 53982, 53983, 54232, 34 CFR 51360, 54031, 54032 874...... 54007 723...... 52694 54234, 54236, 54238, 54239, 611...... 52148 878 ...... 52966, 52968, 52970 725...... 52694 54519 614...... 52148 882...... 52315, 52972 790...... 52694 91...... 52954, 53985 636...... 52148 886...... 52973 791...... 52694 97 ...... 53174, 53177, 54241, Proposed Rules: 649...... 52148 54243 680...... 52148 Proposed Rules: 112...... 53196 9...... 51910, 51911 Chap. II ...... 53991 117...... 53197 693...... 52148 695...... 52148 49...... 54691 Proposed Rules: 573...... 49508, 54526 52 ...... 49330, 49509, 49870, 21...... 50536 696...... 52148 22 CFR 697...... 52148 49872, 49894, 50052, 50312, 23...... 54057 50314, 50548, 50551, 50865, 25...... 53193 5...... 50823 698...... 52148 699...... 52148 50867, 51403, 53201, 53832, 39 ...... 49317, 50047, 50537, 121...... 50003 54300, 54691 50539, 50860, 50862, 51887, 123...... 50003 Proposed Rules: 60 ...... 52056, 54303, 54527, 51889, 52171, 52173, 53404, Ch. VI...... 51906 54532 53407, 53409 23 CFR 36 CFR 61...... 54532 61...... 53195 658 Appendix C...... 49487 62...... 49897 71 ...... 49506, 50050, 51895, 771...... 54480 242...... 50758 63...... 54532 51897, 51898, 51900, 51901, 774...... 54480 1007...... 50826 70...... 49509, 54532 51903 1008...... 50826 24 CFR 72...... 54532 91...... 53590, 54278 1009...... 50826 81...... 50556 570...... 50257 1011...... 50826 82...... 49332 15 CFR Proposed Rules: 26 CFR 85...... 53204 902...... 49994, 52760 242...... 49322 86...... 49344, 53204 Proposed Rules: 1 ...... 50258, 50864, 51072 180...... 52787, 53594 37 CFR 740...... 53411, 53742 Proposed Rules: 192...... 54543 742...... 53742 1 ...... 51904, 52726, 54279, 42...... 51340 271 ...... 49900, 50869, 53595, 744...... 53742, 54519 54420, 54527 201 ...... 51840, 52150, 54010 54304 758...... 53411 54...... 54420 Proposed Rules: 272...... 53595 772...... 53742 301...... 51906, 52726 201...... 52176, 52336 721 ...... 49903, 50872, 51910, 774...... 53742 602...... 51904 202...... 52336 51911, 52179 16 CFR 29 CFR 38 CFR 42 CFR 410...... 50484 4001...... 49799 3...... 52322, 53179 411...... 49832

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412...... 49832 535...... 50290 801...... 49302 533...... 53204 413...... 49832, 49836 540...... 50290 811...... 49302 536...... 53204 424...... 49832, 49836 550...... 50290 832...... 49302 537...... 53204 495...... 49836 555...... 50290 852...... 49302 555...... 50872 Proposed Rules: 560...... 50290 870...... 49302, 54054 571...... 50872, 51766 84...... 53835 Proposed Rules: Proposed Rules: 591...... 50872 Ch. IV...... 54546 401...... 52355 13...... 53421 1152...... 50326 403...... 52789 404...... 52355 15...... 53421 405...... 49513 16...... 53421 50 CFR 423...... 49513 47 CFR 206...... 54696, 54698 17...... 52775 1...... 51867, 53822 211...... 54696 100...... 50758 44 CFR 27...... 53190 213...... 54696 300...... 52760 Ch. I ...... 49302 52...... 53377 215...... 54698 622 ...... 50295, 51390, 52330, 64...... 50289 64...... 53588 232...... 50052 53823 73...... 50035 234...... 54698 635 ...... 50857, 51391, 52169 45 CFR Proposed Rules: 235...... 54698 648 ...... 53399, 53824, 53825, 102...... 51369 9...... 54180 242...... 50052 54055, 54264 155...... 53575 12...... 54180 252...... 50052 655...... 53399 Proposed Rules: 20...... 54180 660...... 50510, 53827 144...... 54480 25...... 54180 49 CFR 665...... 49495 146...... 54480 54...... 53420 172...... 54683 679 ...... 49496, 49497, 49994, 147...... 54480 63...... 53026 175...... 54683 50036, 51399, 52332, 52760 155...... 54480 64...... 54180 264...... 54480 Proposed Rules: 76...... 51911 541...... 53396 17 ...... 50560, 50574, 50582, 46 CFR 622...... 54480 50610, 51418, 51570, 54561 136...... 53818 48 CFR Proposed Rules: 100...... 49322 142...... 53818 211...... 54676 10...... 50053 229...... 53422 502...... 50290 219...... 54677 172...... 52878 622 ...... 50056, 51424, 53839, 503...... 50290 228...... 54679 175...... 52878 54069 515...... 50290 236...... 54680 395...... 50055 648...... 50059, 53440 520...... 50290 252 ...... 54676, 54679, 54680, 523...... 53204 697...... 50061 530...... 50290 54681 531...... 53204 698...... 51426

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in today’s List of Public enacted public laws. To Laws. subscribe, go to http:// LIST OF PUBLIC LAWS Public Laws Electronic listserv.gsa.gov/archives/ Last List October 29, 2018 Notification Service publaws-l.html (PENS) Note: No public bills which Note: This service is strictly have become law were for E-mail notification of new received by the Office of the PENS is a free electronic mail laws. The text of laws is not Federal Register for inclusion notification service of newly available through this service. PENS cannot respond to specific inquiries sent to this address.

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