Vol. 83 Tuesday, No. 215 November 6, 2018 Pages 55453–55600

Vol. 83 Tuesday, No. 215 November 6, 2018

Pages 55453–55600

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 83, No. 215

Tuesday, November 6, 2018

Agency for Toxic Substances and Disease Registry Environmental Protection Agency NOTICES RULES Agency Information Collection Activities; Proposals, Pesticide Tolerances: Submissions, and Approvals, 55543–55545 Fludioxonil, 55491–55495 NOTICES Agriculture Department Meetings: See Food Safety and Inspection Service Board of Scientific Counselors Homeland Security See Forest Service Subcommittee Meeting, December 2018, 55527– See Rural Utilities Service 55528 NOTICES Chartered Clean Air Scientific Advisory Committee, Requests for Nominations: 55529–55530 Advisory Committee on Beginning Farmers and Ranchers, Public Teleconference of the Chartered Clean Air 55514–55515 Scientific Advisory Committee, 55528–55529 Advisory Committee on Minority Farmers, 55514 Federal Aviation Administration Census Bureau RULES NOTICES Airspace Designations: Agency Information Collection Activities; Proposals, Incorporation by Reference Amendments, 55479–55486 Submissions, and Approvals, 55516–55517 PROPOSED RULES Centers for Disease Control and Prevention Airworthiness Directives: NOTICES Airbus SAS Airplanes, 55496–55502 Agency Information Collection Activities; Proposals, BRP-Rotax GmbH and Co KG engines, 55502–55504 Submissions, and Approvals, 55545–55551 Federal Communications Commission Children and Families Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 55530–55532 Submissions, and Approvals, 55551 Federal Council on the Arts and the Humanities Coast Guard NOTICES RULES Meetings: Safety Zones: Arts and Artifacts Indemnity Panel Advisory Committee, Coast Guard Sector New Orleans Annual and Recurring 55561 Safety Zones Update, 55488–55491 Commerce Department Federal Deposit Insurance Corporation See Census Bureau NOTICES See International Trade Administration Agency Information Collection Activities; Proposals, See National Institute of Standards and Technology Submissions, and Approvals: See National Oceanic and Atmospheric Administration National Survey of Unbanked and Underbanked Households, 55532–55533 Community Development Financial Institutions Fund NOTICES Federal Energy Regulatory Commission Funding Opportunities: NOTICES Bond Guarantee Program, FY 2019, 55582–55598 Combined Filings, 55524–55527 Requests for Waivers: Comptroller of the Currency Marathon Pipe Line, LLC, 55525–55526 NOTICES Agency Information Collection Activities; Proposals, Federal Trade Commission Submissions, and Approvals: NOTICES Margin and Capital Requirements for Covered Swap Analysis to Aid Public Comment: Entities, 55598–55600 Social Finance, Inc., 55540–55541 Education Department Privacy Act; Systems of Records, 55541–55543 NOTICES Proposed Consent Agreements: Agency Information Collection Activities; Proposals, Linde AG and Praxair, Inc., 55533–55540 Submissions, and Approvals: EDFacts Data Collection School Years 2019–20, 2020–21, Food and Drug Administration and 2021–22, 55523–55524 NOTICES Guidance: Energy Department Questions and Answers Regarding Mandatory Food See Federal Energy Regulatory Commission Recalls, 55551–55552

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Food Safety and Inspection Service National Credit Union Administration NOTICES RULES Charter Renewals: Risk-Based Capital, 55467–55478 National Advisory Committee on Meat and Poultry Inspection, 55515 National Endowment for the Arts PROPOSED RULES Forest Service Implementing the Freedom of Information Act, 55504– NOTICES 55513 Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Foundation on the Arts and the Humanities Equal Opportunity Compliance Review Record, 55515– See Federal Council on the Arts and the Humanities 55516 See National Endowment for the Arts

Health and Human Services Department National Indian Gaming Commission See Agency for Toxic Substances and Disease Registry NOTICES See Centers for Disease Control and Prevention Fee Rate and Fingerprint Fees, 55560 See Children and Families Administration National Institute of Standards and Technology See Food and Drug Administration See Inspector General Office, Health and Human Services NOTICES Department Agency Information Collection Activities; Proposals, See National Institutes of Health Submissions, and Approvals, 55522 NOTICES Meetings: National Institutes of Health Tick-Borne Disease Working Group, 55553 NOTICES Meetings: Homeland Security Department Center for Scientific Review, 55556 National Cancer Institute, 55558 See Coast Guard National Heart, Lung, and Blood Institute, 55557–55558 See Transportation Security Administration Prospective Grant of Exclusive Patent License: Therapeutics for insulin resistance and Non-Alcoholic Inspector General Office, Health and Human Services Fatty Liver Disease/Non-Alcoholic Steatohepatitis, Department 55556–55557 NOTICES National Oceanic and Atmospheric Administration Statement of Organization, Functions, and Delegations of NOTICES Authority, 55553–55556 Endangered and Threatened Species: Take of Anadromous Fish, 55523 Interior Department Meetings: See Land Management Bureau Columbia Basin Partnership Task Force of the Marine See National Indian Gaming Commission Fisheries Advisory Committee, 55522 See Ocean Energy Management Bureau Nuclear Regulatory Commission International Trade Administration NOTICES NOTICES Applications and Amendments Involving Proposed No Antidumping or Countervailing Duty Investigations, Orders, Significant Hazards Considerations, etc., 55561–55568 or Reviews: Charter Establishments: Certain Hot-Rolled Steel Flat Products from the Republic Atomic Safety and Licensing Board, 55578–55579 of Korea, 55517–55519 Facility Operating and Combined Licenses: Diamond Sawblades and Parts Thereof from the People’s Applications and Amendments Involving Proposed No Republic of China, 55520–55522 Significant Hazards Considerations, etc., 55568– Export Trade Certificates of Review: 55578 Alaska Groundfish Commission, 55519–55520 Meetings; Sunshine Act, 55579

Labor Department Ocean Energy Management Bureau NOTICES NOTICES Agency Information Collection Activities; Proposals, Outer Continental Shelf Oil and Gas Lease Sales, 55560– Submissions, and Approvals: 55561 Evaluation of the American Apprenticeship Initiative; Correction, 55561 Overseas Private Investment Corporation NOTICES Land Management Bureau Meetings; Sunshine Act, 55579–55580 NOTICES Environmental Assessments; Availability, etc.: Presidential Documents Peabody Twentymile Coal LLC, Federal Coal Lease-by- PROCLAMATIONS Application COC–78449, Routt County, CO; Public Special Observances: Hearing, 55559–55560 Critical Infrastructure Security and Resilience Month Termination of the San Rafael Swell Master Leasing Plan, (Proc. 9814), 55453–55454 Utah; Correction, 55559 National Adoption Month (Proc. 9815), 55455–55456

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National Entrepreneurship Month (Proc. 9816), 55457– State Department 55458 NOTICES National Family Caregivers Month (Proc. 9817), 55459– Agency Information Collection Activities; Proposals, 55460 Submissions, and Approvals: National Native American Heritage Month (Proc. 9818), Affidavit of Physical Presence or Residence, Parentage 55461–55462 and Support, 55582 National Veterans and Military Families Month (Proc. 9819), 55463–55464 Transportation Department Railroad Retirement Board See Federal Aviation Administration NOTICES Agency Information Collection Activities; Proposals, Transportation Security Administration Submissions, and Approvals, 55580–55581 NOTICES Approved Third-Party Canine-Cargo Certifiers, and Start of Rural Utilities Service Certification Events, 55558–55559 RULES Specifications and Drawings for Underground Electric Treasury Department Distribution, 55465–55467 See Community Development Financial Institutions Fund Securities and Exchange Commission See Comptroller of the Currency RULES Statement on Certain Provisions of Business Conduct Standards for Security-Based Swap Dealers and Major Reader Aids Security-Based Swap Participants, 55486–55488 Consult the Reader Aids section at the end of this issue for NOTICES phone numbers, online resources, finding aids, and notice Agency Information Collection Activities; Proposals, of recently enacted public laws. Submissions, and Approvals, 55581 To subscribe to the Federal Register Table of Contents Small Business Administration electronic mailing list, go to https://public.govdelivery.com/ RULES accounts/USGPOOFR/subscriber/new, enter your e-mail Maximum Allowable 7(a) Fixed Interest Rates, 55478– address, then follow the instructions to join, leave, or 55479 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: 9814...... 55453 9815...... 55455 9816...... 55457 9817...... 55459 9818...... 55461 9819...... 55463 7 CFR 1728...... 55465 12 CFR 700...... 55467 701...... 55467 702...... 55467 703...... 55467 713...... 55467 723...... 55467 747...... 55467 13 CFR 120...... 55478 14 CFR 71...... 55479 Proposed Rules: 39 (3 documents) ...... 55496, 55498, 55502 17 CFR 240...... 55486 33 CFR 165...... 55488 40 CFR 180...... 55491 45 CFR Proposed Rules: 1148...... 55504

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Federal Register Presidential Documents Vol. 83, No. 215

Tuesday, November 6, 2018

Title 3— Proclamation 9814 of October 31, 2018

The President Critical Infrastructure Security and Resilience Month, 2018

By the President of the United States of America

A Proclamation The world today relies on critical infrastructure, such as power grids, water and food supplies, election infrastructure, transportation systems, and communications networks, that is increasingly complex, interconnected, and interdependent. During Critical Infrastructure Security and Resilience Month, we emphasize the vital role of strong national infrastructure in the national and economic security of our Nation. By mitigating risks to our critical infrastructure, we can keep America safe, healthy, and prosperous. Cyber actors who aim to compromise or disrupt networks—often for monetary and political gain—are an increasing threat to our critical infrastructure. In September, I released the first fully articulated National Cyber Strategy in 15 years. The implementation of this strategy will strengthen America’s defenses against cyber threats, help to secure our critical infrastructure, and protect cyberspace as an engine of economic growth, innovation, and democratic security. A key aspect of the strategy is strengthening existing partnerships with the private sector to thwart any threat and to protect critical infrastructure. By improving engagement between the United States Government and the private sector, we are better able to leverage the resources and capabilities of those who own and operate the vast majority of our Nation’s critical infrastructure. Safeguarding our democratic processes is an important part of my strategy, and an imperative this election season. The protection and security of our election infrastructure, which is critical infrastructure, must be a top priority of the Federal Government and its partners across the country. We must also maintain our focus on other aspects of our critical infrastructure, which sustain our food supply, our fuel sources, and our means of trade. National disasters like the recent wildfires, floods, and hurricanes— as well as the activities of our adversaries—speak directly to the importance of continuing to enhance and protect it. Every day, the Department of Homeland Security is working with government and private sector stakeholders to assess and address risks of every type to our critical infrastructure. As we mark Critical Infrastructure Security and Resilience Month, we express our gratitude for the increasing efforts throughout government and the private sector to keep our Nation safe, secure, and prosperous. And we reaffirm our commitment to using our collective skills, knowledge, and capabilities to protect our country from evolving man-made and natural threats by making the Nation’s critical infrastructure more secure and resilient. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim November 2018 as Critical Infrastructure Security and Resilience Month. I call upon the people of the United States to recognize the importance of protecting our Nation’s infrastructure and to observe this month with appropriate measures to enhance our national security and resilience.

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IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first 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. 2018–24357 Filed 11–5–18; 8:45 am] Billing code 3295–F9–P

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Proclamation 9815 of October 31, 2018

National Adoption Month, 2018

By the President of the United States of America

A Proclamation During National Adoption Month, we recognize the immeasurable love and support that adoptive parents and families provide to hundreds of thousands of children each year. We celebrate the life-changing act of adoption, bring attention to the millions of Americans who are eager to adopt, and express our gratitude to the families who have welcomed children into their lives and homes. My Administration also acknowledges the courage of those mothers and fathers who place their child for adoption. Our Nation grows stronger because of the love and sacrifice of parents, both birth and adoptive. Adoption is a blessing for all involved. It provides needed relief to birth parents, who may not, for whatever reason, be in a position to raise a child. It fosters loving homes for children. It enables individuals to grow their families and share their love. And it fosters strong families, which are integral to ensuring strong communities and a resilient country. To secure the benefits of adoption, we must continue to assist families who are willing to adopt children in need of a permanent home and support the adoptive families already formed. We must also encourage all Americans to recognize that adoption is a powerful way to show women they are not alone in an unexpected pregnancy. My Administration is dedicated to supporting the children in foster care who are seeking permanent homes. Unfortunately, many youth leave foster care at the age of 18 without lasting family connections. These children deserve a permanent family, which can provide them with love, stability, support, and encouragement as they pursue personal, educational, and employment goals and confront life’s opportunities and challenges. Adoption affirms the inherent value of human life and signals that every child—born or unborn—is wanted and loved. Children, regardless of race, sex, age, or disability, deserve a loving embrace into families they can call their own. This month, we honor the thousands of American families who have grown because of adoption. We also stand with those children in foster care, and we appeal to families, communities, and houses of worship across our great Nation to help these children find a permanent home. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim November 2018 as National Adoption Month. I encourage all Americans to observe this month by helping children in need of a permanent home secure a more promising future with a forever family, so they may enter adulthood with the love and support we all deserve.

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[FR Doc. 2018–24359 Filed 11–5–18; 8:45 am] Billing code 3295–F9–P

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Proclamation 9816 of October 31, 2018

National Entrepreneurship Month, 2018

By the President of the United States of America

A Proclamation Since the founding of our Nation, generations of Americans have drawn upon every last measure of grit and determination to push the limits of human knowledge, invention, and capability. Our Nation thrives today because bold entrepreneurs and innovators had vision and drive, stopping at nothing to realize their dreams. This intrepid spirit, which burns in the heart of so many Americans, kept Edison working into the candlelit hours, lifted Earhart to new heights, and put a computer in every home. And under my Administration’s policies, optimism among our Nation’s small businesses and entrepreneurs recently reached the highest level ever recorded. During National Entrepreneurship Month, we celebrate the Americans who forge new frontiers of possibility and prosperity, and we reaffirm our commitment to creating an environment in which they can continue to drive our country’s economic success. My Administration is committed to policies that foster entrepreneurship and create jobs. For too long, an outdated and convoluted tax code discour- aged investment and limited opportunity for millions of hardworking Ameri- cans. That is why, in December of 2017, I delivered on my promise to unleash the potential of America’s economy by signing into law the Tax Cuts and Jobs Act. These unprecedented tax cuts and reforms eased the tax burden on entrepreneurs and expanded their access to capital, ushering in a new era of economic growth. My Administration is also implementing historic regulatory reform, removing unnecessary and burdensome regulations, which have too often prevented our country’s risk-takers from charting new paths of discovery. While working at every turn to protect consumers and the environment from harm, our deregulatory efforts have saved American families and business owners $33 billion. For the first time in modern history, Americans have experienced an overall decrease in regulatory burdens. We will not let up. Americans deserve a regulatory environment that facilitates innovation, rewards cre- ativity, and allows the skills and dexterity of our entrepreneurs to shine. Americans of every race, creed, and socioeconomic background are benefiting from my Administration’s whole-of-government approach to economic growth. For example, the Small Business Administration (SBA), through its Women’s Business Center Program, is providing access to training and counseling specifically for women in business. The SBA is also embarking on an ambitious web-based effort to build awareness about resources available for Hispanic job creators. Additionally, the Tax Cuts and Jobs Act created new Opportunity Zones, which will attract billions of dollars in private- sector investments to revitalize distressed communities in America. These efforts are yielding extraordinary dividends. The unemployment rate in September hit its lowest level in nearly half a century. The unemployment rate for Hispanic Americans is at the lowest level in recorded history. The unemployment rates for African Americans and Asian Americans have also hit all-time lows. The same is true of the unemployment rates for African-American women and African-American youth. And businesses

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owned by African-American and Hispanic-American women are growing at a faster rate than any other category of female owned businesses. This month, we celebrate every American entrepreneur who continues in the proud tradition of taking risks and delivering remarkable new products and services. We continue to be inspired by those who bring their ideas to fruition, whether through ambitious business development, thrilling enter- tainment, or groundbreaking research. And we renew our commitment to removing obstacles to economic freedom so that our Nation’s entrepreneurs are able to embrace their ingenuity and create the next generation of American prosperity. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim November 2018 as National Entrepreneurship Month. I call upon all Americans to commemorate this month with appropriate programs and activities and to celebrate November 20, 2018, as National Entrepreneurs’ Day. IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first 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. 2018–24360 Filed 11–5–18; 8:45 am] Billing code 3295–F9–P

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Proclamation 9817 of October 31, 2018

National Family Caregivers Month, 2018

By the President of the United States of America

A Proclamation During National Family Caregivers Month, we pay tribute to the millions of Americans across our Nation who selflessly care for family members who are chronically ill, elderly, or who have a disability. We recognize the challenges of caregiving and celebrate the joys of bringing support and comfort to a loved one. We express our gratitude to them for the work they do daily to ensure their loved ones are able to live in their homes and communities. Family caregivers are the foundation of our country’s long-term support system. Every year, nearly 44 million caregivers assist loved ones with a vast array of essential tasks, including eating, bathing, dressing, managing finances, childcare, administering medications, and arranging doctor visits and transportation. In performing these challenging duties with patience and compassion, family caregivers embody selfless service and sacrifice. My Administration is strongly committed to ensuring that family caregivers have the support they need. Earlier this year, I was pleased to sign into law the RAISE Family Caregivers Act, which will help support the millions of family caregivers across our Nation and the individuals who rely on them. This bipartisan legislation directs the Secretary of Health and Human Services to develop and make available strategies for recognizing and supporting family caregivers. It also establishes an advisory council that will leverage expertise from across my Administration and our Nation to address topics such as respite services and options, workplace flexibility, and financial security. It will also help people navigate the healthcare system and produce further recommendations for supporting family caregivers. Similarly, the Supporting Grandparents Raising Grandchildren Act, which I signed on July 7, 2018, will help our Nation better address the needs of people who provide full-time care for their grandchildren. Sadly, the number of people caring for grandchildren is growing, as the opioid crisis continues to ravage families across our country. I was also pleased to sign into law the VA MISSION Act of 2018, which expands caregiver assistance to eligible veterans who served our country before September 11, 2001. As anchors for their loved ones, our Nation’s family caregivers promote a culture that values the dignity of life at all stages and the importance of family. This month, we acknowledge the dedication and compassion of all those who work to improve their family members’ lives, and we renew our commitment to supporting them in their labor of love. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim November 2018 as National Family Caregivers Month. I encourage all Americans to acknowledge, and express our gratitude to, all who provide compassionate care to enhance the lives of their loved ones in need.

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[FR Doc. 2018–24361 Filed 11–5–18; 8:45 am] Billing code 3295–F9–P

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Proclamation 9818 of October 31, 2018

National Native American Heritage Month, 2018

By the President of the United States of America

A Proclamation During National Native American Heritage Month, we celebrate the legacy of the first people to call this land home. America’s Native Americans have fortified our country with their traditions and values, making tremendous contributions to every aspect of our national life. We remain committed to preserving and protecting Native American cultures, languages, and history, while ensuring prosperity and opportunity for all Native Americans. American Indians and Alaska Natives are both important components of the American mosaic. Native Americans are business owners creating good jobs for American workers, teachers educating our children, first responders assisting neighbors in need, and leaders serving their communities. This month, we especially recognize the immeasurable contribution of American Indians and Alaska Natives who serve in the Armed Forces at five times the national average. We also acknowledge the many American Indians and Alaska Natives who are members of Federal, State, local, and tribal law enforcement and who sacrifice their safety for the security of all. My Administration is committed to the sovereignty of Indian nations— including the rights of self-determination and self-governance—and ensuring economic opportunity from Window Rock in Arizona to the Badger-Two Medicine region in Montana. By engaging with tribal leaders as representatives of sovereign nations, my Administration is working to find effective solutions to pernicious challenges, such as generational poverty. Our partnership is furthering economic development and advancing needed reforms. My Administration has also embraced all Federal agencies—especially the Bureau of Indian Affairs, the Indian Health Service, and the Bureau of Indian Education—to improve the quality of services delivered to American Indian and Alaska Native communities. We are combating the destructive opioid epidemic, confronting human trafficking and violent crime, expanding educational opportunity, increasing collaborative homeland security approaches to border security, and improving infrastructure throughout Indian country. Earlier this year, I was pleased to sign into law legislation giving Federal recognition to six American Indian Tribes. The formal recognition of these sovereign governments is a symbol of our ongoing effort to restore self- governance and economic vitality to Native American peoples, and we wel- come these tribes into America’s family of sovereign nations. Our Nation is proud of and grateful for its Native American heritage and traditions, including a history of innovation and entrepreneurship. The essential contributions of Native Americans continue to strengthen our American family and brighten our future together. This month, I encourage all Ameri- cans to learn more about American Indian and Alaska Native cultures as we celebrate and honor the many Native peoples who have given so much to our great Nation. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim November 2018

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as National Native American Heritage Month. I call upon all Americans to commemorate this month with appropriate programs and activities and to celebrate November 23, 2018, as Native American Heritage Day. IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first 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. 2018–24363 Filed 11–5–18; 8:45 am] Billing code 3295–F9–P

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Proclamation 9819 of October 31, 2018

National Veterans and Military Families Month, 2018

By the President of the United States of America

A Proclamation During National Veterans and Military Families Month, we salute the brave and dedicated patriots who have worn the uniform of the United States, and we celebrate the extraordinary military families whose selfless service and sacrifice make our military the finest in the world. Our Nation’s veterans represent the best of America. Generation after generation, men and women have answered the call to defend our country and our freedom, facing danger and uncertainty with uncommon courage. They make tremendous sacrifices by leaving their families to serve throughout the homeland and in combat, contingency, and humanitarian operations worldwide. Our heroes have always relied on their families for strength and support. Serving alongside our men and women in uniform are spouses, siblings, parents, and children who personify the ideals of patriotism, pride, resilience, service above self, and honor. They endure the hardships and uncertainty of multiple relocations, extended trainings, and deployments because of their admirable devotion to our country and a loved one in uniform. President Ronald Reagan said, ‘‘America’s debt to those who would fight for her defense doesn’t end the day the uniform comes off.’’ Our Nation’s veterans fulfilled their duty to this country with brave and loyal service; it is our moral and solemn obligation to demonstrate to them our continuing gratitude, unwavering support, and meaningful encouragement. I am steadfastly committed to ensuring our veterans and their families receive the care and support they deserve. I was pleased to sign into law the landmark VA MISSION Act of 2018, which revolutionizes the way veterans receive healthcare and other services vital to their lives. The Department of Veterans Affairs is continuing to raise its standard of service, including through the establishment of the first national center of excellence for veteran and caregiver research, which will improve services and outcomes for patients and their families. I have also mandated greater collaboration across the Government to support veterans transitioning to civilian life. Addition- ally, Second Lady Karen Pence and I have collaborated on ways to elevate the career and educational opportunities for military spouses and children in partnership with State, local, and tribal officials. It is most appropriate that in this season of gratitude we stop to recognize veterans, military families, and those who gave their lives in service to this great Nation. We are indebted to these heroes for the freedoms we enjoy every day. I ask all Americans to join me in offering our sincere thanks to our veterans and the families who love and support them. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim November 2018 as National Veterans and Military Families Month. I encourage all communities, all sectors of society, and all Americans to acknowledge and honor the service, sacrifices, and contributions of veterans and military families

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for what they have done and for what they do every day to support our great Nation. IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first 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. 2018–24364 Filed 11–5–18; 8:45 am] Billing code 3295–F9–P

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Rules and Regulations Federal Register Vol. 83, No. 215

Tuesday, November 6, 2018

This section of the FEDERAL REGISTER using Regulations.gov, including Executive Order 12988 contains regulatory documents having general instructions for accessing documents, This final rule has been reviewed applicability and legal effect, most of which submitting comments, and viewing the under Executive Order 12988, Civil are keyed to and codified in the Code of docket after the close of the comment Federal Regulations, which is published under Justice Reform. RUS has determined 50 titles pursuant to 44 U.S.C. 1510. period, is available through the site’s that this rule meets the applicable ‘‘User Tips’’ link. Follow the online standards provided in section 3 of the The Code of Federal Regulations is sold by instructions for submitting comments. Executive Order. In addition, all state the Superintendent of Documents. • Mail: Addressed to Michele Brooks, and local laws and regulations that are Team Lead—Rural Development in conflict with this rule will be DEPARTMENT OF AGRICULTURE Innovation Center—Regulations Team, preempted, no retroactive effort will be U.S. Department of Agriculture, 1400 given to this rule, and, in accordance Rural Utilities Service Independence Ave. SW, Stop 1522, with Sec. 212(e) of the Department of Room 1562, Washington, DC 20250– Agriculture Reorganization Act of 1994 7 CFR Part 1728 1522. Please state that your comment (7 U.S.C. Sec. 6912(e)), administrative refers to Docket No. RUS–18– appeal procedures, if any, must be Specifications and Drawings for ELECTRIC–0006. exhausted before an action against the Underground Electric Distribution Department or its agencies may be Instructions: All submissions received initiated. AGENCY: Rural Utilities Service, USDA. must include that agency name and the ACTION: Final rule; request for subject heading ‘‘Specifications and Executive Order 13132, Federalism comments. Drawings for Underground Electric The policies contained in this final Distribution.’’ All comments received rule do not have any substantial direct SUMMARY: The Rural Utilities Service must identify the name of the individual effect on states, on the relationship (RUS), a Rural Development agency of (and the name of the entity, if between the national government and the U.S. Department of Agriculture, is applicable) who is submitting the the States, or on the distribution of amending its regulations for electric comment. power and responsibilities among the standards and specifications in Bulletin various levels of government. Nor does FOR FURTHER INFORMATION CONTACT: Mr. 1728F–806 (D–806), ‘‘Specifications and this rule impose substantial direct Trung V. Hiu, Electrical Engineer, Drawings for Underground Electric compliance costs on State and local Electric Staff Division, Distribution Distribution,’’ which is incorporated by governments. Therefore, consultation Branch, U.S. Department of Agriculture, reference, to digitize RUS accounting, with states is not required. clarify RUS requirements, update Rural Utilities Service, Room 1262–S, current standards and practices, and 1400 Independence Avenue SW, Information Collection and improve customer service. This bulletin Washington, DC 20250–1569. Recordkeeping Requirements contains complete specifications Telephone: (202) 720–1877. Fax: (202) This final rule contains no new settings forth the RUS requirements for 720–7491. Email: [email protected]. reporting or recordkeeping burdens constructing rural underground electric SUPPLEMENTARY INFORMATION: under OMB control number 0572–0131, distribution systems using state-of-the- 7 CFR part 1728, Electric Standards and art materials, equipment, and Executive Order 12372 Specifications for Materials and construction methods. Construction, that would require This final rule is excluded from the DATES: This rule is effective November approval under the Paperwork 6, 2018. scope of Executive Order 12372, Reduction Act of 1995 (44 U.S.C. Incorporation by Reference: The Intergovernmental Consultation, which Chapter 35). incorporation by reference of certain may require consultation with State and Executive Order 13371, Deregulatory publications listed in this rule is local officials. A notice of final rule Action approved by the Director of the Federal entitled ‘‘Department Programs and Register as of November 6, 2018. Activities Excluded from Executive This final rule is not expected to be Written comments must be received Order 12372,’’ (50 FR 47034) exempted an Executive Order 13771 deregulatory on or before December 6, 2018. RUS loans and loan guarantees to from action. This rule is expected to provide coverage under this order. ADDRESSES: Submit comments by any of meaningful updates to assist with the following methods: Executive Order 12866 improving customer service. • Federal eRulemaking Portal: Go to Executive Order 13175, Consultation http://www.regulations.gov and, in the This rule falls under the category of and Coordination With Indian Tribal lower ‘‘Search Regulations and Federal regulations, ‘‘Rural Electrification Actions’’ box, select ‘‘Rural Utilities Administration (REA) rules concerning Governments Service’’ from the agency drop-down standards and specification for The Agency has determined that this menu, then click on ‘‘Submit.’’ In the construction and materials,’’ and is final rule does not have a substantial Docket ID column, select RUS–18– exempted from the Office of direct effect on one or more Indian ELECTRIC–0006 to submit or view Management and Budget (OMB) review tribe(s) or on either the relationship or public comments and to view for purposes of Executive Order 12866 the distribution of powers and supporting and related materials and, therefore, has not been reviewed by responsibilities between the Federal available electronically. Information on OMB. Government and Indian tribes. Thus,

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this final rule is not subject to the Regulatory Flexibility Act Certification 1728.98). These changes are necessary requirements of Executive Order 13175. It has been determined that the in order to digitize RUS accounting, Consequently, the Agency will not Regulatory Flexibility Act is not clarify RUS requirements, update conduct tribal consultation sessions. applicable to this final rule since the current standards and practices, and If a Tribe has questions about the Rural Utilities Service is not required by improve customer service. Tribal Consultation process please 5 U.S.C. 551 et seq. or any other RUS maintains a system of bulletins contact Rural Development’s Native provision of the law to publish a notice that contain construction standards and American Coordinator at (720) 544– of proposed rulemaking with request to specifications for materials and 2911 or [email protected]. the subject matter of this rule. equipment which must be complied when system facilities are constructed USDA Non-Discrimination Statement Catalog of Federal Domestic Assistance by RUS electric and The program described by this final telecommunications borrowers in In accordance with Federal civil rule is listed in the Catalog of Federal accordance with the RUS loan contract. rights law and U.S. Department of Domestic Assistance Programs under These standards and specifications Agriculture (USDA) civil rights No. 10.850, Rural Electrification Loans contain standard construction units and regulations and policies, the USDA, its and Loan Guarantees. This catalog is material items and equipment units Agencies, offices, and employees, and available on a subscription basis from commonly used in RUS electric and institutions participating in or the Superintendent of Documents, U.S. telecommunications borrowers’ systems. administering USDA programs are Government Printing Office, The bulletin listed below is prohibited from discriminating based on Washington, DC 20402–9325, telephone incorporated by reference in 7 CFR race, color, national origin, religion, sex, number (202) 512–1800. 1728.97. The Director of the Federal gender identity (including gender Unfunded Mandates Register approves the incorporations by expression), sexual orientation, reference in accordance with 5 U.S.C. disability, age, marital status, family/ This final rule contains no Federal 552(a) and 1 CFR part 51. A notice of parental status, income derived from a Mandates (under the regulatory any change in this material will be public assistance program, political provision of title II of the Unfunded published in the Federal Register. beliefs, or reprisal or retaliation for prior Mandates Reform Act of 1995 [2 U.S.C. Copies of this bulletin are available to civil rights in any program or activity Chapter 25]) for State, local, and tribal the public at the following web address: conducted or funded by the Department. governments or the private sector. Thus, https://www.rd.usda.gov/publications/ (Not all prohibited basis will apply to this proposed rule is not subject to the regulations-guidelines/bulletins/electric. requirements of sections 202 and 205 of all programs and/or employment The materials incorporated by the Unfunded Mandates Reform Act of activities.) Remedies and complaint reference may be inspected at the Rural 1995. filing deadlines vary by program or Utilities Service, Stop 1520, Room incident. E-Government Act Compliance 5820–S, Washington, DC 20250–1522, Persons with disabilities who require RUS is committed to the E- call (202) 720–8674. The RUS bulletin alternative means of communication for Government Act, which requires 1728F–806 (D–806) is available from the program information (e.g., Braille, large Government agencies in general to Rural Utilities Service, Room 1246 -S, print, audiotape, American Sign provide the public the option of U.S. Department of Agriculture, Language, etc.) should contact the submitting information or transacting Washington, DC 20250. For information responsible Agency or USDA’s TARGET business electronically to the maximum on the availability of this material, call center at (202) 720–2600 (voice and extent possible. (202) 720–8674. TTY) or contact USDA through the The following is a summary of the Federal Relay Service at (800) 877–8339. National Environmental Policy Act changes that are included in this final Additionally, program information may Certification rule: be made available in languages other The Administrator of RUS has 1. For consistency with RUS policy than English. determined that this final rule will not and practices, the drawings are To file a program discrimination significantly affect the quality of the renumbered to reflect RUS other complaint, complete the USDA Program human environment as defined by the construction standards and Discrimination Complaint Form (PDF), National Environmental Policy Act of specifications. This will allow the found online at http:// 1969 (42 U.S.C. 4321 et seq.). Therefore, digitizing of accounting records. www.ascr.usda.gov/complaint_filing_ this action does not require an 2. To keep abreast with the industry cust.html, or at any USDA office, or environmental impact statement or practices and respond to the write a letter addressed to USDA and assessment. stakeholders interest, cable-in-conduit provide in the letter all of the Background and outdoor lighting construction standard and specification are added. information requested in the form. To Pursuant to the Rural Electrification These practices are common industry request a copy of the complaint form, Act of 1936, as amended (7 U.S.C. 901 wide but are not currently available call (866) 632–9992 to request the form. et seq.), the Rural Utilities Service (RUS) from RUS. Submit your completed complaint form is amending Title 7 CFR Chapter XVII, or letter to USDA by: (1) Mail at U.S. Part 1728, Electric Standards and 3. To enforce this rule as a standard, Department of Agriculture, Office of Specifications for Materials and the term ‘‘must’’ is replaced by ‘‘shall’’ Assistant Secretary for Civil Rights, Construction, by making changes to 7 throughout the rule where applicable. 1400 Independence Avenue SW, CFR 1728.97, Incorporation by reference 4. As requested by the stakeholders, Washington, DC 20250–9410, by Fax of electric standards and specifications, the term ‘‘borrower’’ is replaced by (202) 690–7442 or Email at RUS Bulletin 1728F–806 (D–806), ‘‘owner’’ throughout the rule where [email protected]. ‘‘Specifications and Drawings for applicable. USDA is an equal opportunity Underground Electric Distribution’’ 5. The high potential test is an provider, employer, and lender. (incorporation approved for 7 CFR obsolete practice and removed.

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6. For 11 drawings, UA1 through Accordingly, for reasons set forth in remain in effect. The final rule also UC2–2, cable riser shield is removed the preamble, chapter XVII, title 7, the amends the definition of a ‘‘complex’’ and separated into new UP unit. Code of Federal Regulations is amended credit union adopted in the 2015 Final 7. For 5 drawings, UG6 through as follows: Rule for risk-based capital purposes by UG17–3, combinations of elbows, increasing the threshold level for arresters, and connector blocks are PART 1728—ELECTRIC STANDARDS coverage from $100 million to $500 added. AND SPECIFICATIONS FOR million. These changes provide covered 8. Due to obsolete practices, the MATERIALS AND CONSTRUCTION credit unions and the NCUA with following drawings are removed: UM3– ■ additional time to prepare for the rule’s 44, UM3–45, UM3–46, UM5–6, UM5– 1. The authority citation for part 1728 implementation, and exempt an 6A, UM6–35, UM6–36, UM7–1, UM8–5, continues to read as follows: additional 1,026 credit unions from the UM8–6, UM8–7, UM9–2, UM12, UM48– Authority: 7 U.S.C. 901 et seq., 1921 et risk-based capital requirements of the 3, UM48–4, UX7. seq., 6941 et seq. 2015 Final Rule without subjecting the 9. Three new drawings for Single ■ 2. Revise § 1728.97(a)(24) to read as National Credit Union Share Insurance Phase Riser Pole Assembly Units, UA4, follows: Fund (NCUSIF) to undue risk. UA.G, and UA1.USG, are added. DATES: The effective date of the final 10. Two new drawings for Two Phase § 1728.97 Incorporation by reference of rule published on October 29, 2015 (80 electric standards and specifications. Riser Pole Assembly Units, UB5 and FR 66625) is delayed until January 1, UB6, are added. * * * * * 2020. In addition, the amendments to 11. Eight new drawings for Three (a) * * * § 702.103 in this final rule are effective Phase Riser Pole Assembly Units, UC3, (24) Bulletin 1728F–806 (D–806) on January 1, 2020. UC4, UC5, UC7.1, UC7.3, UC7.4, UC8.1, Specifications and Drawings for FOR FURTHER INFORMATION CONTACT: and UC8.2, are added. Underground Electric Distribution, Policy and Analysis: Julie Cayse, 12. Six new drawings for Foundation October 11, 2018, incorporation Director, Division of Risk Management, and Assembly Units, UF.PBC, UF.PBN, approved for § 1728.98. Office of Examination and Insurance, at UF3.BC, UF3.BN, UF3.PN, and UF3.VC, * * * * * (703) 518–6360; Kathryn Metzker, Risk are added. ■ 3. Revise § 1728.98(a)(24) to read as Officer, Division of Risk Management, 13. Five new drawings for follows: Office of Examination and Insurance, at Transformer Assembly Units, UG1.01, (703) 548–2456; Julie Decker, Risk UG1.02, UG1.2, UG3.01, and UG3.02, § 1728.98 Incorporation by reference of Officer, Division of Risk Management, are added. electric standards and specifications. Office of Examination and Insurance, at 14. Four new drawings for Grounding (a) * * * (703) 518–3684; Aaron Langley, Risk Assembly Units, UH2.0, UH2.2, UH2.7, (24) Bulletin 1728F–806 (D–806) Management Officer, Data Analysis and UH4.1G, are added. Specifications and Drawings for Division, Office of Examination and 15. Two new drawings for Secondary Underground Electric Distribution), Insurance, at (703) 518–6387; Legal: Assembly Units, UJ3.3 and UJ4.3, are October 11, 2018. John Brolin, Senior Staff Attorney, added. * * * * * 16. Three new drawings for Service Office of General Counsel, at (703) 518– Assembly Units, UK2.1, UK2.2, and Dated: October 31, 2018. 6540; or by mail at National Credit UK4, are added. Christopher A. McLean, Union Administration, 1775 Duke 17. Five new drawings for Acting Administrator, Rural Utilities Service. Street, Alexandria, VA 22314. Miscellaneous Assembly Units, [FR Doc. 2018–24248 Filed 11–5–18; 8:45 am] SUPPLEMENTARY INFORMATION: UM1.XX, UM3, UM6.JN6226, BILLING CODE ;P I. Introduction UM6.PKG, and UM6.RK, are added. 18. Two new drawings for Outdoor The NCUA’s primary mission is to ensure the safety and soundness of Lighting Assembly Units, UO1 and NATIONAL CREDIT UNION federally insured credit unions. The UO2, are added. ADMINISTRATION 19. Eight new drawings for System agency performs this function by Protection Assembly Units, UP7.04, 12 CFR Parts 700, 701, 702, 703, 713, examining and supervising all Federal UP7.B1, UP7.B2, UP7.B3, UP7.C, 723, and 747 credit unions, participating in the UP7.FC, UP7.UG, and UP8, are added. examination and supervision of RIN 3133–AE90 20. A new drawing for Metering federally insured, state-chartered credit unions in coordination with state Assembly Units, UQG, is added. Risk-Based Capital 21. A new drawing for Recloser regulators, and insuring members’ Assembly Units, UR3, is added. AGENCY: National Credit Union accounts at federally insured credit 22. A new drawing for Sectionalizing Administration (NCUA). unions.1 In its role as administrator of Assembly Units, US1.DC, is added. ACTION: Final rule; supplemental. the NCUSIF, the NCUA insures and 23. Four new drawings for Trench regulates 5,573 federally insured credit Assembly Units, UT2, UT3, UT4, and SUMMARY: The NCUA Board (Board) is unions, holding total assets exceeding UT5, are added. amending the NCUA’s previously $1.4 trillion and serving approximately 24. Four new drawings for Voltage revised regulations regarding prompt 111 million members.2 Control Assembly Units, UY1.1XX, corrective action (PCA). The final rule At its October 2015 meeting, the UY1.1.XXSW, UY3.2L, and UY3.3L, are delays the effective date of the NCUA’s Board issued the 2015 Final Rule to added. October 29, 2015 final rule regarding risk-based capital (2015 Final Rule) for 1 As of December 31, 2017, within the nine states List of Subjects in 7 CFR Part 1728 one year, moving the effective date from that allow privately insured credit unions, approximately 116 state-chartered credit unions are Electric power, Incorporation by January 1, 2019 to January 1, 2020. privately insured and are not subject to the NCUA’s reference, Loan programs-energy, Rural During the extended delay period, the regulation and oversight. areas. NCUA’s current PCA requirements will 2 Based on December 31, 2017 Call Report Data.

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amend Part 702 of the NCUA’s current coverage for NCUA’s risk-based capital Final Rule may have on the credit union PCA regulations to require that credit requirements from $100 million to $500 industry. Twenty two of the unions taking certain risks hold capital million by amending the definition of a commenters stated that they appreciated commensurate with those risks.3 The ‘‘complex’’ credit union. This final rule the delay, but believed the delay should risk-based capital provisions of the 2015 adopts all the provisions in the Proposal be longer. Of those commenters, all Final Rule apply only to federally with only one minor change, which is suggested that the delay should be for at insured, natural-person credit unions discussed in detail below. least two years, with a few suggesting with quarter-end total assets exceeding II. The Final Rule and Public that more than two years might be $100 million. The overarching intent of Comments on the Proposed Rule appropriate. A number of commenters the 2015 Final Rule is to reduce the remarked that a two-year delay would likelihood that a relatively small The NCUA received 38 comment letters in response to its August 8, 2018 be consistent with the timeframe set number of high-risk outlier credit forth in legislation currently before unions would exhaust their capital and Proposal. These comment letters were Congress, such as section 701 of H.R. cause large losses to the NCUSIF. Under received from credit union trade 5841, and suggested that the two-year the Federal Credit Union Act (FCUA), associations, Federal credit unions, state federally insured credit unions are credit unions, state and regional credit delay was necessary to provide credit collectively responsible for replenishing union leagues, and other individuals. unions and the agency sufficient time to losses to the NCUSIF.4 implement necessary systems, A. Delayed Effective Date of the 2015 processes, and procedures. Three The 2015 Final Rule restructures the Final Rule NCUA’s current PCA regulations and commenters suggested the 2015 Final makes various revisions, including The Board initially established the Rule should be delayed for two years or amending the agency’s risk-based net effective date of the 2015 Final Rule as more to give credit unions adequate worth requirement by replacing the risk- January 1, 2019 to provide credit unions time to make the necessary adjustments based net worth ratio with a new risk- and the NCUA with an extended period to meet the 10 percent risk-based capital based capital ratio for federally insured, to make necessary adjustments to target. Two commenters suggested that, natural-person credit unions (credit systems, processes, and procedures, and in light of the health of the credit union unions). The risk-based capital to reduce the burden on affected credit system, the NCUA can afford to provide requirements set forth in the 2015 Final unions in meeting the new even more time, on a reasonable basis, Rule are more consistent with the requirements. Based on feedback from to facilitate the development of its own NCUA’s risk-based capital ratio measure the credit union community and agency examiners, as well as provide additional for corporate credit unions and, as the staff, and the fact that the agency time for covered credit unions to make law requires, are more comparable to proposed changing the definition of a any strategic and operational changes the regulatory risk-based capital complex credit union, the Board they need to prepare for risk-based measures used by the Federal Deposit proposed delaying the effective date of capital implementation. Two the 2015 Final Rule by one year, from Insurance Corporation (FDIC), Board of commenters suggested the 2015 Final January 1, 2019 to January 1, 2020. The Governors of the Federal Reserve Rule should be delayed two years or Board believed extending the effective System, and Office of the Comptroller of more to give credit unions time to date was necessary and beneficial, and Currency (Other Banking Agencies). The understand and coordinate compliance 2015 Final Rule also eliminates several would provide covered credit unions with the Financial Accounting provisions in the NCUA’s current PCA with additional time to adjust systems, Standards Board’s final current regulations, including provisions related processes, and procedures affected by expected credit loss (CECL) standard, to the regular reserve account, risk- the requirements of the 2015 Final Rule. mitigation credits, and alternative risk Under the Proposal, the NCUA’s and its relation to the requirements of weights. current PCA regulation would have the 2015 Final Rule. The Board originally set the effective remained in effect until the 2015 Final Two commenters recommend the date of the 2015 Final Rule for January Rule’s proposed new effective date, proposed one year delay be expanded to 1, 2019 to provide credit unions and the January 1, 2020. The NCUA would have include the grandfathering of the NCUA with sufficient time to make the continued to enforce the capital ‘‘excluded goodwill’’ and ‘‘excluded necessary adjustments—such as standards currently in place and other intangible assets’’ provisions of systems, processes, and procedures— addressed any supervisory concerns the 2015 Final Rule, which are currently and to reduce the burden on affected through existing regulatory and set to expire on January 1, 2029. In credit unions. supervisory mechanisms during the particular, the commenters suggested On August 8, 2018, the Board extended implementation period. The that the proposed delay of the 2015 5 published a proposed rule (the Board believed that, given the facts Final Rule should also apply to the ten- Proposal) to amend the NCUA’s 2015 above, extending the implementation year deferral period associated with Final Rule by (1) delaying the effective period of the 2015 Final Rule for an supervisory mergers (example: The date of the rule until January 1, 2020; additional year would be reasonable and January 1, 2029 effective date should be and (2) increasing the threshold level for would not pose undue risk to the adjusted to January 1, 2030). The NCUSIF. commenters suggested this additional 3 80 FR 66625 (Oct. 29, 2015). 4 See 12 U.S.C. 1782(c)(2)(A) (The FCUA requires Public Comments on the Proposed time would benefit credit unions that that each federally insured credit unions to pay a Delay hold a significant amount of excluded Federal share insurance premium equal to a Fourteen commenters explicitly goodwill or other intangible assets, as percentage of the credit union’s insured shares to those terms are defined in the 2015 ensure that the NCUSIF has sufficient reserves to supported delaying the implementation pay potential share insurance claims by credit of the 2015 Final Rule until January 1, Final Rule. union members, and to provide assistance in 2020 to allow the NCUA additional time Eight commenters recommended connection with the liquidation or threatened liquidation of federally insured credit unions in to provide early guidance on new delaying implementation of the risk- troubled condition.). reporting requirements, and to help based capital rule until revisions to the 5 83 FR 38997 (Aug. 8, 2018). mitigate any potential impact the 2015 NCUA’s regulations regarding

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alternative capital 6 are finalized. impact on some credit unions’ financial implementation of an alternative capital Commenters stated a delay would give posture, it does not believe it is rule is not necessary. the NCUA time to finalize an alternative necessary or appropriate to wait until For the reasons discussed above, the capital rule permitting credit unions the implementation of the standard to NCUA continues to believe that additional ways to increase capital to implement the 2015 Final Rule’s risk- extending the effective date of the 2015 meet the risk-based capital based capital requirements, as some Final Rule by one year is necessary, will requirements. commenters requested. Under the 2015 benefit the credit union industry and the NCUA, and will not pose an undue Discussion of Delay in Implementation Final Rule, all allowance for loan and lease loss (ALLL) accounts are captured risk to the NCUSIF. Accordingly, this Several commenters recommended in the numerator of the risk-based final rule amends the 2015 Final Rule to delaying implementation of the 2015 capital ratio, thus implementation of delay its effective date until January 1, Final Rule to be consistent with CECL will not be a change in the 2020. legislation before Congress. The Board is accounting and classification of the aware there are bills before Congress B. Definition of ‘‘Complex’’ Credit ALLL.10 Therefore, it is not necessary to Union that would extend the effective date of delay implementation of risk-based the 2015 Final Rule for two years; 7 capital to align with the implementation Under § 702.103 of the NCUA’s 2015 however, the Board continues to believe of CECL. Final Rule, a credit union was defined a one-year delay is sufficient. Since the as ‘‘complex’’ and the NCUA’s risk- 2015 Final Rule was issued in final Commenters requested that the delay based capital ratio measure was form, covered credit unions and the of the 2015 Final Rule’s effective date applicable only if the credit union’s NCUA have had more than three years should also apply to the goodwill and quarter-end total assets exceeded $100 to prepare for its implementation. intangible asset deferral period. The million, as reflected in its most recent Providing credit unions an additional 2015 Final Rule provides credit unions Call Report. Consistent with the spirit year before implementing the 2015 Final with 13 years to write down, or and intent of Executive Order 13777, the Rule, making the total implementation otherwise adjust their balance sheets, to NCUA further analyzed the impact of period four years, should be more than account for goodwill and other the NCUA’s risk-based capital sufficient to allow credit unions to intangible assets acquired through a requirements and the portfolios of assets incorporate the changes in the supervisory merger or combination and liabilities of credit unions to definition of complexity made under before December 28, 2015.11 Only 6 identify potential ways to reduce this final rule. Further, the change made credit unions with assets greater than regulatory burden on credit unions.14 by this final rule to the definition of $500 million, report total goodwill and Based on the NCUA’s analysis, complex credit union substantially intangible assets of more than 1 percent discussed in more detail below, the reduces the number of credit unions of assets, and the valuation under Board believed that $500 million in total subject to the 2015 Final Rule’s risk- Generally Accepted Accounting assets would be a more appropriate based capital requirements. Since the Principles (GAAP) of these existing threshold level for defining a complex 2015 Final Rule was approved in assets will be immaterial by the end of credit union. Increasing the threshold October 2015, the cumulative net worth the extended sunset date.12 level to $500 million in total assets of credit unions with more than $500 Accordingly, the Board continues to would reduce regulatory burden on million in assets has grown by more believe 13 years to respond to this credit unions by more closely tailoring than 34 percent.8 Credit unions that change is more than sufficient for credit the applicability of the NCUA’s risk- meet the definition of complex already unions impacted. based capital requirement to cover only hold, on average, more than 17 percent Some commenters requested the those credit unions that, if they failed, capital, or 70 percent more than the 10 individually could present an undue percent required to be well-capitalized effective date of the 2015 Final Rule be delayed to coincide with possible risk of loss to the NCUSIF. This under the rule.9 Accordingly, the Board amendment would exempt an believes the proposed delay of one-year changes to supplemental capital rules. As noted in the 2015 Final Rule, the additional 1,026 credit unions—a total will provide the NCUA and covered 15 NCUA plans to address additional forms of 90 percent of all credit unions— credit unions with more than enough from the 2015 Final Rule’s risk-based time to make the necessary system of supplemental capital in a separate proposed rule. In February 2017, the capital requirements. However, changes, and provide guidance and approximately 85 percent of the training to implement the 2015 Final NCUA issued an advanced notice of proposed rulemaking for alternative complex assets and liabilities and 76 Rule by January 1, 2020. percent of the total assets in the credit Additionally, while the Board capital,13 and the NCUA’s Regulatory Review Task Force agenda, published in union system would still be subject to recognizes that CECL will have an 16 August 2017, addresses the NCUA’s the risk-based capital requirement. Accordingly, consistent with 6 Commenters referred to secondary capital, intent with regard to the 2015 Final supplemental capital, and alternative capital. Rule, with approximately 99 percent of requirements of section 216(d)(1) of the 7 See, e.g., Section 701 of H.R. 5841 (If passed, the complex credit unions holding enough 14 bill would delay the 2015 Final Rule, which defines capital to meet the risk-based capital The Board has always intended to periodically complex credit unions as those with greater than review the threshold of a complex credit union, as $100 million in total assets, for two years past its requirements. Accordingly, the NCUA noted in the preamble to the 2015 proposed Risk current effective date.). believes further delay of the 2015 Final Based Capital Rule. 80 FR 4339, 4378 (January 27, 8 Based on December 31, 2017 Call Report Data. Rule to provide time for the 2015). 9 Based on December 31, 2017 Call Report Data. 15 Based on December 31, 2017 Call Report data. Under the 2015 Final Rule, credit unions with total For comparison, if the threshold were to remain at 10 assets greater than $100 million hold more than 18 Credit unions can early adopt CECL as soon as $100 million about 72 percent of all credit unions percent capital, or 80 percent more than the 10 2019; thus, it is not necessary to delay would be exempt. percent capital required, to be well-capitalized implementation of the 2015 Final Rule’s risk-based 16 For comparison, if the threshold were to remain under the risk-based capital standard. Under this capital requirements. at $100 million about 98 percent of the complex final rule 6 credit unions are required to hold 11 80 FR 66625, 66648, 66707 (Oct. 29, 2015). assets and liabilities and 93 percent of the total additional capital, representing 1 percent of the 12 Based on December 31, 2017 Call Report Data. assets in the credit union system would be subject complex credit unions. 13 82 FR 9691 (Feb. 8, 2017). to the risk-based capital requirement.

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FCUA, proposed § 702.103 provided of assets and liabilities of credit unions least one complex activity, and 96 that, for purposes of § 702.102, a credit to determine which were ‘‘complex.’’ percent engage in three or more union is defined as ‘‘complex,’’ and a The RCI would have amended 6 of the complex activities.19 risk-based capital ratio requirement is indicators in the original complexity In addition to the RCI, the Board also applicable, only if the credit union’s index so the index would more proposed to use a ratio of complex quarter-end total assets exceed $500 accurately reflect ‘‘complexity’’ in credit assets and liabilities to total assets million, as reflected in its most recent unions and take into account certain (complexity ratio or CR) to evaluate the Call Report. regulatory changes that were made after extent to which credit unions are The $100 million asset threshold the 2015 Final Rule was approved. The involved in complex activities. The CR, adopted in the 2015 Final Rule for revised complexity index was the same when used in conjunction with the determining whether a credit union is as the original complexity index, with revised complexity index, took into complex was based on a complexity the following six changes: index (original complexity index or • It replaced the indicator for account the volume of the complex OCI). The OCI counted the number of ‘‘member business loans’’ with an activity engaged in by complex credit complex products and services provided indicator for ‘‘commercial loans’’ to unions and provided a more accurate 20 by credit unions based on the following reflect changes to the NCUA’s member measure of credit union complexity. indicators: business lending rule,18 and current Call The numerator of the CR was the dollar value sum of the complex assets and the • Member Business Loans Report data collection requirements. • Participation Loans • It replaced the indicator for liabilities held by a credit union, where • Interest-Only Loans ‘‘participation loans’’ (which included complex assets and liabilities are • Indirect Loans participation loans sold and determined using the same complexity • Real Estate Loans participation loans held) with an indicators as used in the RCI. The • Non-Federally Guaranteed Student indicator for ‘‘participation loans sold’’ denominator of the CR was the total Loans to restrict the indicator to the most assets of the credit union. • Investments with Maturities of complex component of participation Credit unions with greater than $500 Greater than Five Years (where the loans. million in total assets held complex • investments are greater than one It replaced the indicator for assets and liabilities as a larger share of percent of total assets) ‘‘interest-only loans’’ to exclude first- their total assets than smaller credit • Non-Agency Mortgage-Backed lien mortgages. The remaining interest unions.21 The complexity ratio Securities only loans include complex payment • increased from 23 percent among credit Non-Mortgage Related Securities With options. For example, only requiring unions with less than $500 million in Embedded Options monthly payments of interest during total assets to 40 percent among credit • Collateralized Mortgage Obligations/ draw periods. unions with more than $500 million in Real Estate Mortgage Investment • It removed the indicator for total assets. Of the $497 billion in Conduits ‘‘internet banking’’ because it has • Commercial Mortgage-Related become a typical mechanism for complex assets and liabilities in the Securities members to transact business with most credit union system, $423 billion (85 • Borrowings (Draws Against Lines of credit unions, with 78 percent of credit percent)—the majority of complex assets Credit, Borrowing Repurchase unions engaging in some type of and liabilities in the credit union Transactions, Other Notes, Promissory internet banking. Also, it is not an asset system—were held among credit unions Notes, and Interest Payable) or liability—therefore there is no with more than $500 million in total 22 • Repurchase Transactions suitable way to translate the volume assets. • Derivatives into a financial measure for purposes of Larger credit unions were much more • Internet Banking defining complex. likely to have a significant share of their As discussed in more detail in the • It removed the indicator for balance sheet in complex assets and 2015 Final Rule, these products and ‘‘investments with maturities greater liabilities.23 Nearly all credit unions (95 services were determined by the NCUA than five years (where the investments percent) with more than $500 million in to be good indicators of complexity.17 are greater than one percent of total total assets have complex assets and The Board proposed revising the assets)’’ because the indicator is liabilities greater than 10 percent of original complexity index (revised adequately captured in the other index their total assets, and 66 percent have complexity index or RCI), and to apply components. • a new complexity ratio (complexity It replaced the indicator for ‘‘real 19 Based on December 31, 2017 Call Report data. ratio or CR) for analyzing the portfolios estate loans (where the loans are greater 20 See 80 FR 66625, 66661 (Oct. 29, 2015) (As than five percent of assets and/or sold pointed out by at least one commenter, credit 17 80 FR 66625, 66663 (Oct. 29, 2015). The 2015 mortgages)’’ with an indicator for ‘‘sold unions should not be considered complex unless Final Rule states ‘‘For the purpose of defining a complex activities are undertaken in significant mortgages’’ to account for the most volumes. The commenter provided the following complex credit union, assets include tangible and complex component of real estate loans. intangible items that are economic resources example: A credit union that lends a member (products and services) that are expected to produce The NCUA believed the revised $60,000 to purchase new equipment for his bakery economic benefit (income), and liabilities are complexity index would provide a more is engaged in member business lending, but that obligations (expenses) the credit union has to accurate methodology, based on the credit union should not be designated as complex by virtue of that single loan—assuming it is not a outside parties. The Board recognizes there are assets and liabilities of credit unions, for products and services—which under GAAP are significant share of the credit union’s assets.). reflected as the credit union’s portfolio of assets and identifying when credit unions engage 21 Based on December 31, 2017 Call Report data. liabilities—in which credit unions are engaged that in complex activities and defining credit 22 Credit unions with total assets between $250 are inherently complex based on the nature of their unions as ‘‘complex.’’ Among credit million and $500 million hold a higher share of risk and the expertise and operational demands unions with $500 million or more in their portfolio in complex assets (32 percent) than necessary to manage and administer such activities the entire group of credit unions below $500 effectively. Thus, credit unions offering such total assets, 100 percent engage in at million in total assets (23 percent), but it remains products and services have complex portfolios of below the share of complex assets in credit unions assets and liabilities for purposes of NCUA’s risk- 18 See 12 CFR 723.2; and 81 FR 13529, 13538 above $500 million in assets (40 percent). based net worth requirement.’’ (March 14, 2016). 23 Based on December 31, 2017 Call Report data.

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complex assets and liabilities greater percent 26 to 76 percent when compared likely be significantly larger for credit than 30 percent of their total assets. to the $100 million threshold adopted in unions with more than $500 million in In general, two-thirds of credit unions the 2015 Final Rule,27 85 percent of total assets than for those with total with more than $500 million in total complex assets and liabilities would assets between $100 million and $500 assets had complex assets and liabilities have still been covered under the million. ratios above 30 percent. Only 11 percent proposal. Under the 2015 Final Rule, an of credit unions with less than $500 In addition, if the historical trends in million in total assets had complexity changes to the composition of the credit estimated 505 credit unions would have ratios above 30 percent.24 union community continue, the NCUA faced higher required capital levels as a Using both the proposed revised found that the share of total assets result of risk-based capital complexity index and the proposed covered under the Proposal would have requirements. These 505 credit unions complexity ratio to determine the risen in the future, potentially reaching had total assets of $439 billion and the appropriate threshold for defining 90 percent of total assets within the next 2015 Final Rule would have raised their complex credit unions would have 10 years. The higher asset threshold also required capital levels by approximately excluded approximately 90 percent of would have still captured those credit $800 million above what is required by credit unions from the risk-based capital unions that, if they failed, could have the net worth ratio.28 Under the requirement, while still covering individually presented an undue risk of proposal, the 284 credit unions with approximately 76 percent of the assets loss to the NCUSIF. If the historical total assets between $100 and $500 held by federally insured credit trends in changes to the composition of million would have no longer have been unions.25 Moreover, the revised the credit union community continue required to hold higher capital levels as definition of a complex credit union and historical probability of failure and a result of risk-based capital would not have represented undue risk loss given failure rates (excluding fraud requirements. However, as reflected in to the NCUSIF, nor significantly related failures) for credit unions with Table 1, the Proposal would still capture decreased the level of complex assets total assets between $100 and $500 most of the credit union assets subject and liabilities covered by the risk-based million and those with total assets over to higher capital requirements, and capital requirement. Even though the $500 million remain the same, the incremental capital required by risk- percent of total assets covered by the NCUA found that total losses to the based capital requirement, under the rule would have fallen from 93 NCUSIF over the next 10 years would 2015 Final Rule.

TABLE 1—CREDIT UNIONS BOUND BY RISK-BASED CAPITAL, 2017Q4 CALL REPORT DATA

Number of Capital complex credit required over Total assets Asset category unions bound by the net worth ratio (billion) risk-based capital (million)

Assets $100M–$500M ...... 284 $165 $69 Assets >$500M ...... 221 635 370

Under the Proposal, the NCUA found capital the system was required to hold than it was in 2015 when the agency that exempting credit unions with total under the 2015 Final Rule. passed the 2015 Final Rule. The equity assets between $100 million and $500 Under the 2015 Final Rule, a net of 20 ratio of the NCUSIF was 1.29 percent in million represented approximately 16 credit unions with total assets of $11.5 2015.30 As of June 30, 2018, the NCUSIF percent of the total assets of credit billion would have a lower PCA equity ratio was 1.35 percent, including unions with required capital levels classification with a capital shortfall of the equity distribution of approximately 29 above what is required by the net worth $84 million. Under the proposal, 6 $736 million paid to credit unions on ratio, and about 21 percent of the credit unions (net) with total assets of July 23, 2018.31 The total funds held in incremental capital the system is $8.8 billion would have had a lower the NCUSIF as of June 30, 2018, are PCA classification and a capital required to hold under the 2015 Final approximately $15 billion after the deficiency of $71 million. Thus, the Rule. The Proposal, however, still equity distribution, about $2.6 billion Proposal encompassed approximately encompassed approximately 84 percent more than the $12.3 billion held in the 80 percent of the downgraded credit fund in 2015.32 of the total assets of credit unions with union assets and approximately 85 required capital levels above what was percent of the capital shortfall for those Public Comments on the Proposed required by the net worth ratio, and institutions. Definition of Complex Credit Union almost 80 percent of the incremental The Board also noted in the Proposal Twelve commenters stated they that the NCUSIF is much stronger today agreed with increasing the threshold

24 Credit unions with total assets between $250 $500 million in total assets have a CR greater than 29 Based on December 31, 2017 Call Report Data. million and $500 million are more likely to have 30 percent. 30 At the time the 2015 Final Rule was approved a CR greater than 10 percent (88 percent) than the 25 Based on December 31, 2017 Call Report data. by the Board. 26 entire group of credit unions below $500 million in Based on December 31, 2017 Call Report data, 31 The June 30, 2018 Retained Earnings was total assets (29 percent), but it remains below the 93 percent of credit union assets would be covered decreased to reflect the equity distribution of $735.7 based on the $100 million threshold established by share of complex assets in credit unions above $500 million payable to insured credit unions in the the 2015 Final Rule. million in assets (95 percent). Further, the third quarter of 2018 as declared at the February 27 Based on December 31, 2017 Call Report data. difference widens significantly for CRs above 10 2018 Open Board Meeting. 28 Based on December 31, 2017 Call Report data. percent. Less than half (47 percent) of credit unions 32 It is important to note that almost all of these credit The June 30, 2018 NCUSIF balance is based on with total assets between $250 million and $500 unions already hold enough capital to meet either the Preliminary and Unaudited Financial million have a CR greater than 30 percent, whereas the risk-based capital requirement or the net-worth- Highlights. The 2015 NCUSIF balance at the time over two-thirds of credit unions with more than based capital requirement. the 2015 Final Rule was approved by the Board.

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level for defining a credit union as commenter suggested that a $10 billion consistent with section 216 of the complex from $100 million in total threshold was appropriate because of Federal Credit Union Act 34 and Section assets to $500 million in total assets as recent easing of regulatory oversight that 201 of the Economic Growth, Regulatory proposed. All but one of the other has taken place in the banking sector. Relief, and Consumer Protection Act,35 commenters stated they supported The commenter suggested that with the which mandates that the Federal increasing the threshold, but suggested recent enactment of S.2155, which banking agencies establish a community that the threshold level should be increased the Dodd-Frank Act threshold bank leverage ratio of tangible equity to higher. Four commenters suggested that for bank holding company enhanced average consolidated assets of not less the asset size threshold should be prudential standards from $50 billion in than eight percent and not more than increased to $1 billion. One of those assets to $250 billion, credit unions are ten percent for banks with less than $10 commenters pointed out that the increasingly forced to compete with billion in total consolidated assets. NCUA’s data shows 53 percent of credit large banking organizations, whose Two commenters specifically stated unions with assets between $500 hundreds-of-attorneys-strong their support for using a single asset- million and $750 million engage in six compliance and economic departments size threshold, based on a complexity or more complex activities; however, for dwarf the average two to five index and complexity ratio. One credit unions with assets greater than $1 compliance personnel at a credit union suggested using a single asset-size billion, this number increases to 77 with $500 million in total assets. The threshold allows for some percent. In addition, the commenter also commenter suggested further that, even differentiation between credit unions suggested that Congress’ directive to the a credit union with $500 million in without making the rule overly NCUA for designing the risk-based assets, risk-based capital compliance complex. The other suggested that using capital requirement was to address will be an additional layer of regulatory a single asset-size threshold was those risks for which the standard compliance filings, which removes appropriate because smaller credit leverage ratio was insufficient and to personnel from the Main Street-focused unions do not normally have the size or base its definition of ‘‘complex’’ credit business of community lending. capacity to make large commercial unions ‘‘on the portfolios of assets and One commenter objected to raising loans, sell participation loans, or get liabilities of credit unions;’’ and that a the threshold, suggesting that, of the 10 involved with complex transactions. $1 billion complexity threshold would costliest natural person credit union Ten commenters specifically objected more closely align with the spirit of the failures to the NCUSIF, nearly all to using a single asset-size threshold, Federal Credit Union Act. resulted from credit unions with less based on a complexity index and With regard to the proposed $500 than $500 million in total assets. In complexity ratio. Four commenters million threshold, two commenters addition, the commenter suggested the stated that assets should not be the only stated that the NCUA’s data does not proposed increase in the asset size consideration when assessing the provide a complexity ratio threshold to $500 million in assets complexity of a credit union because categorization at other asset levels. They would exclude 17 credit unions with such an approach does not sufficiently recommend the NCUA consider how the CAMEL codes of 4 or 5 and 105 credit capture the risk-based complexities of a complexity ratio for credit unions with unions with a CAMEL code of 3 from given credit union’s balance sheet or $500 million in total assets compares to the risk-based capital rule, based on activities. One stated it was wary of those with $1 billion in total assets, and March 2018 data. The commenter legislative or regulatory thresholds that requested that such information be suggested these 122 credit unions have are foreseeably likely to be outdated provided and considered in setting the approximately $21.4 billion in insured nearly as soon as the Federal Register asset size threshold. shares, and any credit union with a ink is dry given the speed of Eleven commenters recommend the CAMEL code of 3 or more should be technological innovation. One pointed threshold level be raised to $10 billion, subject to a risk-based capital out that, in the preamble to the which they pointed out would align requirement to help limit losses to the proposal, the NCUA stated it will with both the NCUA’s Office of National NCUSIF arising from the potential address material-risk capital levels for Examinations and Supervision (ONES) failure of these credit unions and future credit unions $500 million in assets and and the Bureau of Consumer Financial premium assessments to the NCUSIF. below through the supervisory process. The commenter suggested that, for Protection (BCFP) supervisory The commenter also pointed out that, credit unions that are deemed authorities. They also suggested a $10 while credit unions with less than $500 ‘‘complex,’’ the NCUA should utilize its billion threshold would provide several million in total assets may not pose a supervisory authority to exempt, on a additional credit unions with regulatory systemic risk to the NCUSIF, losses to case-by-case basis, credit unions whose relief, while still protecting the NCUSIF the NCUSIF from the failure of credit net worth ratios provide adequate from larger, more impactful losses. One unions excluded from the cap could protection from material risks commenter suggested that having result in premium assessments for all irrespective of asset size. One different asset thresholds among rules credit unions. As an alternative, the commenter asked, if a credit union has from myriad departments and divisions commenter recommended the NCUA over $500 million in assets, but has a across Federal and state regulatory should authorize credit unions with at very low complexity ratio, why should bodies contributes to duplicative and least $100 million in total assets to they need to reserve additional capital inconsistent oversight. One commenter substitute a higher leverage ratio for the based on the riskiness of their business? suggested that raising the asset risk-based capital requirement— threshold for complex credit unions to The commenter suggested there should be a threshold complexity ratio, under $10 billion would be consistent with the CREDIT UNIONS, U.S. DEP’T OF THE TREASURY recommendations of the U.S. 59 (2017) (‘‘NCUA should revise the risk-based which a credit union would be exempt Department of Treasury and with the capital requirements to only apply to credit unions from the NCUA’s risk-based capital thresholds set by the NCUA and other with total assets in excess of $10 billion or requirement, regardless of asset size. If eliminate altogether risk-based capital requirements 33 not, the commenter stated, the Federal regulatory agencies. One for credit unions satisfying a 10% simple leverage (net worth) test.’’), available at https:// 33 A FINANCIAL SYSTEM THAT CREATES www.treasury.gov/press-center/press-releases/ 34 12 U.S.C. 1790d(c)(2). ECONOMIC OPPORTUNITIES: BANKS AND Documents/A%20Financial%20System.pdf. 35 Public Law 115–174 (May 24, 2018).

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complexity ratio is only an after-the-fact into conformity with recent changes in Commenters further recommended measure of risk and not a determinant MBL rules. One commenter recommend tying the complexity definition to other of whether the risk-based capital redefining ‘‘commercial loans’’ within regulatory thresholds, such as the $10 requirement applies. The commenter the list of complex products and billion in total asset threshold used for also suggested that such a ratio should services to exclude inherently less assigning supervision to the NCUA’s allow low-risk credit unions to avoid complex categories of such loans based ONES and for the BCFP. The Board the extra reserves. on other existing regulatory recognizes that various regulatory One commenter suggested that the requirements already in place to agencies, including the NCUA, have proposed $500 million threshold should mitigate risks. One commenter agreed differing thresholds for establishing be used in combination with the actual with the NCUA’s proposal to replace requirements. These thresholds are operational complexity of individual ‘‘real estate loans’’ with ‘‘sold established based on fundamental credit unions, as measured by that mortgages’’ because the proposed elements or objectives of the particular credit union’s RCI and CR. The change better captures risk. One statute or regulation in question. The commenter provided the following commenter recommended redefining NCUA set the asset size threshold size example, the NCUA could tailor the ‘‘real-estate loans’’ within the list of at $500 million based on the analysis of definition of ‘‘complex’’ to include only complex products and services to the portfolios of assets and liabilities of federally insured credit unions with exclude inherently less complex credit unions discussed above. In assets above $500 million and an RCI categories of such loans based on other addition, it provides a balance between and/or CR value higher than a certain existing regulatory requirements already providing reasonable regulatory relief, threshold (e.g., an RCI value of 6 or in place to mitigate risks. One and protecting the credit union system more and/or a CR of at least 45 percent). commenter stated they disagreed with and the NCUSIF. The proposed $500 The commenter suggested this more the NCUA’s proposal to remove first million total asset size threshold will tailored definition would ensure that lien mortgages from the ‘‘interest only provide relief to 90 percent of credit credit unions would be treated as loans’’ indicator because interest-only unions while still covering 85 percent of ‘‘complex’’ based not just on asset size, loans are risky, regardless of position. all complex assets and liabilities in the but also on whether a credit union credit union system, and 76 percent of Discussion of the Definition of Complex actually offers a substantial amount of total assets. The NCUA’s proposed Credit Union complex products and services. methodology for determining One commenter recommended that Several commenters recommended complexity based on the portfolios of the NCUA annually index any threshold changing the definition of complexity. assets and liabilities of credit unions for growth and adopt exemptions from The Board established the $500 million does not support increasing the such classification wherever possible, total asset size threshold based on the threshold above $500 million as there is such as for credit unions with more number and volume of credit unions no significantly meaningful difference traditional products and services. engaged in complex activities. Section in the volume and number of complex One commenter suggested a better 216(d)(1) of the FCUA directs NCUA, in activities above this level. Moreover, approach for identifying complexity determining which credit unions will be raising the threshold to $10 billion, as would be to look at the business model subject to the risk-based net worth some commenters suggested, would of the credit union based on its assets requirement, to base its definition of only cover approximately 14 percent of and liabilities. The commenter complex ‘‘on the portfolios of assets and the complex assets and liabilities in the suggested that, at a minimum, the liabilities of credit unions.’’ The statute credit union system and approximately NCUA should require credit unions that does not require, as some commenters 15 percent of the total assets in the have more than a de minimis level of have argued, that the Board adopt a credit union system.36 Accordingly, the commercial loans be subject to the definition of ‘‘complex’’ that takes into Board believes raising the proposed agency’s risk-based capital account the portfolio of assets and threshold further would not be requirements. One commenter suggested liabilities of each credit union on an consistent with the results of the the NCUA’s regulation should move to individualized basis. Rather, section NCUA’s analysis of the portfolios of the a regulatory and capital regime that 216(d)(1) authorizes the Board to assets and liabilities of credit unions recognizes two types of credit unions, develop a single definition of and would impose an undue risk to the those that are complex with assets complexity that takes into account the NCUSIF by excluding too large a greater than $500 million and those that portfolios of assets and liabilities of all percentage of the assets covered by the are non-complex. credit unions. The Board is responsible risk-based capital requirement. Eight commenters expressed general for defining complexity and, as A number of commenters requested support for the proposed amendments explained in detail above, the NCUA’s exemptions from the definition of to the complexity index and the proposed analysis supports defining complex under certain circumstances, development of the complexity ratio. complex credit unions as those with such as credit unions that do not have Seven commenters stated they agreed assets greater than $500 million in total a very high complexity ratio, receiving with the NCUA’s proposal to remove the assets. a waiver on a case-by-case basis, or indicator for internet banking from the As stated in the 2015 Final Rule and recognizing when a credit union’s net complexity index because offering such the Proposal, the Board continues to worth ratio provides more than services is not an indication of risk. believe that using a single asset size adequate protection for the risk. Based Two commenters stated they agreed threshold is a good proxy for on the proposed approach, credit unions with the NCUA’s proposal to restrict complexity, simplifies the application of that meet the definition of complex ‘‘participation loans’’ to ‘‘participation the rule, provides regulatory relief for must be subject to the risk-based net loans sold’’ because doing so properly small institutions, and eliminates the worth requirement, thus, a waiver captures the riskier part of this business. potential unintended consequences of provision is not possible. A simplified Two commenters stated they agreed having a checklist of activities that way of complying with the risk-based with the NCUA’s proposal to replace would determine whether or not a credit net worth requirement, such as a highly ‘‘member business loans’’ (MBL) with union is subject to the risk-based capital ‘‘commercial loans’’ to bring this rule requirement. 36 Based on December 31, 2017 Call Report data.

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capitalized credit union that is not more complex activities) should be in the composition of the portfolio of otherwise a risk outlier, would be considered complex, as at least one assets and liabilities of credit unions. outside the scope of this proposal.37 commenter suggested. Also, a hybrid Commenters suggested additional This suggestion was referred to the approach could create unintended analysis be provided at different asset NCUA’s Regulatory Reform Task Force consequences for credit unions and the levels to further support the definition for further consideration. NCUA, would make the rule more of complexity. Table 2 provides As noted previously, the $500 million difficult to administer, and lead to additional data on the CR at a number total asset threshold is based on the greater regulatory burden. of different asset size thresholds above NCUA’s analysis of the portfolio of A commenter recommended the $500 million. The NCUA concluded in assets and liabilities of credit unions. definition of complexity be tied to a the Proposal that a significant level of The NCUA’s analysis took into account growth index. As required by the complexity exists in credit unions with the number and volume of activity statute, the definition of complex is assets greater than $500 million based engaged in by credit unions. A hybrid based on the NCUA’s analysis of the on the volume of activity with no approach to defining complexity, for portfolio of assets and liabilities, as meaningful distinction at higher example using an asset threshold in previously discussed. Therefore, it is thresholds. The Board continues to conjunction with a complexity ratio, not appropriate to index the $500 believe the $500 million threshold is would likely still result in credit unions million asset threshold to inflation or appropriate as it covers the majority of with more than $500 million in assets some other growth index. However, the complex assets and liabilities (85 being considered complex. The Board Board will continue to periodically percent) while providing significant does not agree that only credit unions update its analysis to ensure the regulatory relief without posing undue that are very complex (such as six or complexity definition reflects changes risk to the NCUSIF.

TABLE 2—COMPLEXITY RATIO BY ASSET CATEGORIES, 2017Q4 CALL REPORT DATA

Complexity Complexity Complexity Complexity Asset category ratio >10 ratio >20 ratio >30 ratio >40 (percent) (percent) (percent) (percent)

<$500M ...... 29 18 11 6 $500M-$750M ...... 92 82 58 40 $750M–$1B ...... 96 80 65 47 $1B–$10B ...... 96 86 71 51 >$10B ...... 86 86 71 43

Another commenter states 53 percent the RCI, as shown in Table 3, which Board concludes that a significant level of credit unions with assets between counts the number of complex of complexity exists in credit unions $500 million and $750 million engage in activities. The Board does not agree that with assets greater than $500 million six or more complex activities; and at $1 only credit unions that are very complex based on the number and volume of billion this number increases to 77 (such as six or more complex activities) complex activities. percent. The commenter is referring to should be considered complex. The

TABLE 3—COMPLEXITY INDEX BY ASSET CATEGORIES, 2017Q4 CALL REPORT DATA 38

Number of Average index Index>=1 Index>=2 Index>=3 Index>=5 Index>=6 Asset category credit unions value (percent) (percent) (percent) (percent) (percent)

>$500M ...... 5,042 1.5 52 35 24 10 6 $500–$750M ...... 149 5.7 100 98 96 73 53 $750–$1B ...... 95 6.1 100 100 97 79 64 $1B–10B ...... 280 6.9 100 99 96 88 78 $10B+ ...... 7 8.6 100 86 86 86 71

One commenter 38 disagreed with these losses were the result of fraud.39 $500 million for determining raising the threshold for defining a Risk-based capital is designed to complexity captures most of the risk to complex credit union. The commenter address credit risk. It is not designed to the NCUSIF. noted the majority of the ten largest address fraud. As previously stated, if The Board disagrees with the losses to the NCUSIF derived from the historical trends continue, total commenter who recommended tying the credit unions (excluding corporate losses to the NCUSIF over the next 10 risk-based capital requirements to credit unions) below the $500 million years will likely be larger for credit CAMEL ratings. The CAMEL rating threshold. The losses total unions with more than $500 million in system is not designed to measure the approximately $723 million based on total assets than for those with assets complexity of the portfolio of assets and loss projections at time of the associated between $100 million and $500 million liabilities of credit unions. Rather, the credit unions failures. However, the in total assets. Accordingly, the Board CAMEL rating reflects the financial and Board notes that nearly one-third of continues to believe the threshold of operational condition of the credit

37 See, e.g., Pub. L. 115–174, 132 Stat. 1296 (2018) 38 Table 3 results differ from the proposed rule as 39 Based on Material Loss Reviews conducted by (Requiring the Federal banking agencies to establish they reflect additional asset categories. the NCUA Office of Inspector General. a ‘‘community bank leverage ratio.’’).

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union on a scale of one to five. to the long-term health of all credit the NCUA’s Regulations, and most Therefore, a credit union rated CAMEL unions. Credit unions need to hold recently made substantial updates to the 3, 4, or 5 may not necessarily have a capital commensurate with their risk. regulation in October 2015.48 high degree of complexity in the Balancing proper capital accumulation The purpose of section 216 of the composition of its assets and liabilities. with product offering and pricing FCUA is to ‘‘resolve the problems of In drafting the Proposal, the NCUA strategies helps ensure credit unions are [federally] insured credit unions at the reviewed the RCI indicators and able to provide affordable member least possible long-term loss to the restricted the indicators to only the most services over time. Credit unions are [NCUSIF].’’ 49 To carry out that purpose, complex components. One commenter already expected to incorporate into Congress set forth a basic structure for stated interest only-real estate loans their business models and strategic PCA in section 216 that consists of three present risk regardless of lien position. plans provisions for maintaining principal components: (1) A framework Based on this comment, the NCUA re- prudent levels of capital. combining mandatory actions ran its complexity analysis with all prescribed by statute with discretionary IV. Legal Authority interest-only real estate loans included actions developed by the NCUA; (2) an in this indicator. There were no In 1998, Congress enacted the Credit alternative system of PCA to be significant changes in the percent of Union Membership Access Act developed by the NCUA for credit credit unions, by total asset threshold, (CUMAA).42 Section 301 of CUMAA unions defined as ‘‘new;’’ and (3) a risk- participating in these activities, by added section 216 to the FCUA,43 which based net worth requirement to apply to number and volume. The analysis required the Board to adopt by credit unions the NCUA defines as continues to support defining regulation a system of PCA to restore the ‘‘complex.’’ complexity as credit unions with assets net worth of credit unions that become Among other things, section 216(c) of greater than $500 million. The Board inadequately capitalized.44 Section the FCUA requires the NCUA to use a agrees with the commenter’s assessment 216(b)(1)(A) requires the Board to adopt credit union’s net worth ratio to of similar risk attributes and will, going by regulation a system of PCA for determine its classification among five forward, include first–lien, interest-only federally insured credit unions ‘‘net worth categories’’ set forth in the real estate loans within the interest only ‘‘consistent with’’ section 216 of the FCUA.50 Section 216(o) generally loan indicator. FCUA and ‘‘comparable to’’ section 38 defines a credit union’s ‘‘net worth’’ as A commenter recommended the of the Federal Deposit Insurance Act its retained earnings balance,51 and a Board redefine ‘‘commercial loans’’ to (FDI Act).45 Section 216(b)(1)(B) credit union’s ‘‘net worth ratio,’’ as the exclude inherently less complex requires that the Board, in designing the ratio of its net worth to its total assets.52 categories of such loans. The Board PCA system, also take into account the As a credit union’s net worth ratio continues to believe the loans defined as ‘‘cooperative character of credit unions’’ declines, so does its classification ‘‘commercial loans’’ in the NCUA’s (i.e., credit unions are not-for-profit among the five net worth categories, Regulations are complex enough to cooperatives that do not issue capital thus subjecting it to an expanding range warrant inclusion as a complexity stock, must rely on retained earnings to of mandatory and discretionary indicator. ‘‘Commercial loans’’ by build net worth, and have boards of supervisory actions.53 definition no longer include the less directors that consist primarily of Section 216(d)(1) of the FCUA 46 complex components, including but not volunteers). The Board initially requires that the NCUA’s system of PCA limited to, 1–4 family residential implemented the required system of include, in addition to the statutorily 47 property secured loans not serving as PCA in 2000, primarily in part 702 of defined net worth ratio requirement the borrower’s primary residence, or applicable to federally insured natural- vehicles manufactured for household as adequately capitalized and may require an person credit unions, ‘‘a risk-based net adequately capitalized or undercapitalized credit 54 40 worth requirement for insured credit use. Therefore, the Board will union to comply with certain mandatory or discretionary supervisory actions as if it were unions that are complex, as defined by continue to use ‘‘commercial loans,’’ as 55 currently defined as an indicator. classified in the next lower capital category.). the Board....’’ The FCUA directs For the reasons discussed above, the 42 Public Law 105–219, 112 Stat. 913 (1998). the NCUA to base its definition of NCUA continues to believe that $500 43 12 U.S.C. 1790d. ‘‘complex’’ credit unions ‘‘on the 44 The risk-based net worth requirement for credit portfolios of assets and liabilities of million in total assets is an appropriate unions meeting the definition of ‘‘complex’’ was threshold level for defining a credit first applied on the basis of data in the Call Report 48 union as ‘‘complex,’’ thereby subjecting reflecting activity in the first quarter of 2001. 65 FR 80 FR 66625 (Oct. 29, 2015). 49 12 U.S.C. 1790d(a)(1). it to the NCUA’s risk-based capital 44950 (July 20, 2000). The NCUA’s risk-based net worth requirement has been largely unchanged 50 12 U.S.C. 1790d(c). requirement. As such, this final rule since its implementation, with the following 51 12 U.S.C. 1790d(o)(2). amends § 702.103 of the 2015 Final Rule limited exceptions: revisions were made to the rule 52 12 U.S.C. 1790d(o)(3). to provide that, for purposes of in 2003 to amend the risk-based net worth 53 12 U.S.C. 1790d(c)–(g); 12 CFR 702.204(a)–(b). § 702.102, a credit union is defined as requirement for MBLs, 68 FR 56537 (Oct. 1, 2003); 54 For purposes of this rulemaking, the term ‘‘risk- revisions were made to the rule in 2008 to ‘‘complex,’’ and a risk-based capital based net worth requirement’’ is used in reference incorporate a change in the statutory definition of to the statutory requirement for the Board to design ratio requirement is applicable, only if ‘‘net worth,’’ 73 FR 72688 (Dec. 1, 2008); revisions a capital standard that accounts for variations in the the credit union’s quarter-end total were made to the rule in 2011 to expand the risk profile of complex credit unions. The term assets exceed $500 million, as reflected definition of ‘‘low-risk assets’’ to include debt ‘‘risk-based capital ratio’’ is used to refer to the instruments on which the payment of principal and in its most recent Call Report. specific standards established in the 2015 Final interest is unconditionally guaranteed by NCUA, 76 Rule to function as criteria for the statutory risk- The NCUA will continue to address FR 16234 (Mar. 23, 2011); and revisions were made based net worth requirement. The term ‘‘risk-based any deficiencies in the capital levels of in 2013 to exclude credit unions with total assets capital ratio’’ is also used by the Other Banking credit unions with $500 million or less of $50 million or less from the definition of Agencies and the international banking community ‘‘complex’’ credit union, 78 FR 4033 (Jan. 18, 2013). when referring to the types of risk-based in assets through the examination 45 12 U.S.C. 1790d(b)(1)(A); see also 12 U.S.C. 41 requirements that are addressed in the 2015 Final process. Sound capital levels are vital 1831o (Section 38 of the FDI Act setting forth the Rule. This change in terminology throughout the PCA requirements for banks). Proposal would have no substantive effect on the 40 See 12 CFR 723.2. 46 12 U.S.C. 1790d(b)(1)(B). requirements of the FCUA, and is intended only to 41 See, e.g., § 702.102(b) (Authorizes the NCUA 47 12 CFR part 702; see also 65 FR 8584 (Feb. 18, reduce confusion for the reader. Board to reclassify a well-capitalized credit union 2000) and 65 FR 44950 (July 20, 2000). 55 12 U.S.C. 1790d(d)(1).

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credit unions.’’ 56 It also requires the This represents significant burden relief percent of the complex assets and NCUA to design a risk-based net worth for these credit unions. The new liabilities and 76 percent of the total requirement to apply to such ‘‘complex’’ definition of complex credit union assets in the credit union system would credit unions.57 adopted in this final rule exempts a total still be subject to the risk based capital 60 V. Impact of the Final Rule of 90 percent (5,042) of all credit unions requirement. as of December 31, 2017.58 For This final rule will lower the overall The credit unions that are defined as comparison, if the threshold were to complex under this final rule have impact of the 2015 Final Rule by remain at $100 million only about 72 reducing the number of credit unions estimated aggregate and average risk- percent of all credit unions would be subject to the risk-based capital based capital ratios of 16.8 and 17.2 exempt. requirements of the rule. By increasing percent, respectively. The aggregate the threshold for defining a complex While under this final rule 9 out of 10 risk-weighted assets to total assets ratio credit union from more than $100 credit unions would be exempt, these is 63 percent for complex credit unions million to more than $500 million in institutions only hold 24 percent of total under this final rule.61 Table 4 shows assets, an additional 1,026 credit unions assets in the credit union system and 15 the distribution of estimated risk-based would be exempt from the 2015 Final percent of complex assets and capital ratios for all complex credit Rule’s risk-based capital requirements. liabilities.59 Thus, approximately 85 unions based on this final rule.

TABLE 4—DISTRIBUTION OF ESTIMATED RISK-BASED CAPITAL RATIOS FOR COMPLEX CREDIT UNIONS

RBC ratio <10% 10–13% 13–16% 16–20% 20–30% 30–50% >50%

# of CUs ...... 7 110 153 144 101 14 2

As shown in Table 4, most complex capital classification, with a capital Table 5 provides a comparison of the credit unions will have a risk-based shortfall of approximately $71 margins complex credit unions capital ratio well in excess of the 10 million.62 Overall, 98.7 percent of all currently hold in excess of both the net percent level required to be well complex credit unions are well worth ratio requirement and the risk- capitalized. Under this final rule, six capitalized under this final rule. based capital requirement. complex credit unions with total assets Credit unions often hold some margin of $8.8 billion would have a lower above regulatory capital requirements.

TABLE 5—DISTRIBUTION OF NET WORTH RATIOS AND RISK-BASED CAPITAL RATIOS FOR COMPLEX CREDIT UNIONS

Less than well Well capitalized to Well capitalized + Well capitalized + Greater than well Number of CUs capitalized well + 2% 2% to + 3.5% 3.5% to + 5% capitalized + 5%

Net Worth Ratio ...... <7% 7%–9% 9%–10.5% 10.5%–12% >12% RBC Ratio ...... <10% 10%–12% 12%–13.5% 13.5%–15% >15% Net Worth Ratio ...... 2 90 166 141 132 RBC Ratio ...... 7 54 82 88 300

Both measures indicate the large net worth or risk-based capital unions bound by each capital majority of complex credit unions hold requirement would require a credit requirement. margins well above the levels required union to hold more dollars of capital. to be well-capitalized. Table 6 summarizes the distribution of The NCUA also analyzed complex credit unions by the ratio of risk- credit unions to determine whether the weighted assets to total assets for credit

56 12 U.S.C. 1790d(d). 60 For comparison, if the threshold were to remain total assets to arrive at a more comparable asset 57 Id. at $100 million about 98 percent of the complex profile to credit unions. 58 This final rule would limit risk-based capital assets and liabilities and 93 percent of the total 62 Of the 531 impacted credit unions, only 7, or requirements to only credit unions with assets of assets in the credit union system would still be 1.3 percent, would have less than the 10 percent more than $500 million compared to the Other subject to the risk-based capital requirement. risk-based capital requirement to be well Banking Agencies’ risk-based capital standards that 61 By way of comparison, the bank aggregate total capitalized. Of these, one has a net worth ratio less apply to banks of all sizes. As of December 31, than 7 percent and is therefore not a new risk-weighted assets to total assets ratio is 72.4 2017, there were 1,450 and 4,294 FDIC-insured downgrade in capital classification, but already percent as of December 31, 2017. Further, complex banks with assets of $100 million and $500 million categorized as less than well capitalized. If the asset or less, respectively. credit unions maintain a median risk-based capital threshold for the definition of complex credit union 59 Credit unions with assets between $100 million ratio of 15.8 percent compared to a bank median remained at $100 million, a net of 20 credit unions and $500 million make up 17 percent of assets in risk-based capital ratio of 15.9 percent. Bank with total assets of $11.5 billion would have a lower the credit union system, and only hold 13 percent comparisons exclude banks with less than $50 capital classification, with a capital shortfall of of complex assets and liabilities. million in total assets and more than $60 billion in approximately $84 million.

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TABLE 6—DISTRIBUTION OF RISK-WEIGHTED ASSETS TO TOTAL ASSETS RATIOS FOR COMPLEX CREDIT UNIONS BY GOVERNING CAPITAL REQUIREMENT

Risk weighted assets/total assets Total number Avg. (%) <50% 50–60% 60–70% 70–80% 80–90% >90%

# Bound by Net Worth Ratio ...... 310 58.9 49 101 147 10 2 1 # Bound by Risk Based Capital ...... 221 71.9 0 3 81 128 6 3

Forty-two percent of complex credit VI. Regulatory Procedures Executive Order 13132 unions (221 complex credit unions with Regulatory Flexibility Act $370.3 billion in total assets) are Executive Order 13132 encourages estimated to have a higher minimum The Regulatory Flexibility Act (RFA) independent regulatory agencies to capital requirement in terms of dollars generally requires that, in connection consider the impact of their actions on under the risk-based capital ratio than with a final rule, an agency prepare and state and local interests. The NCUA, an independent regulatory agency as the net worth ratio.63 These 221 make available for public comment a defined in 44 U.S.C. 3502(5), voluntarily complex credit unions have a notably final regulatory flexibility analysis that complies with the principles of the higher risk profile than the other 310 describes the impact of the final rule on small entities. A regulatory flexibility executive order to adhere to complex credit unions. The ratio of fundamental federalism principles. This average risk weighted assets to total analysis is not required, however, if the agency certifies that the rule will not final rule reduces the number of assets for the 221 complex credit unions federally insured natural-person credit is 72 percent, compared with 59 percent have a significant economic impact on a substantial number of small entities unions, including federally insured, for the remaining 310 complex credit state-chartered natural-person credit unions. Therefore, relative to what (defined for purposes of the RFA to include credit unions with assets less unions that would be subject to the 2015 qualifies as capital for risk-based capital than $100 million) 65 and publishes its Final Rule. It may have, to some degree, purposes, these institutions must hold certification and a short, explanatory a direct effect on the states, on the more net worth in dollars to achieve a statement in the Federal Register relationship between the national well-capitalized designation over what together with the rule. government and the states, or on the the net worth ratio requires. The amendments to the 2015 Final distribution of power and In addition, despite holding a greater Rule and part 702 affect only complex responsibilities among the various share of risk-weighted assets, the risk- credit unions, which were those with levels of government. It does not, based capital-bound group of 221 greater than $100 million in assets however, rise to the level of a material complex credit unions also has, on under the 2015 Final Rule and, as impact for purposes of Executive Order average, a net worth ratio that is 100 amended, are now only those with 13132. basis point below the net worth ratio of greater than $500 million in assets Assessment of Federal Regulations and the other 310 complex credit unions.64 under this final rule. As a result, credit Policies on Families Table 6 highlights the distribution of unions with $100 million or less in total credit unions by risk weighted assets to assets would not be affected by this final The NCUA has determined that this total assets depending on whether the rule. Accordingly, the NCUA certifies final rule will not affect family well- risk-based capital requirement that this final rule will not have a being within the meaning of section 654 necessitates more capital than the net significant economic impact on a of the Treasury and General worth ratio. The risk-based capital- substantial number of small credit Government Appropriations Act, 1999, bound group of 221 complex credit unions. Public Law 105–277, 112 Stat. 2681 (1998). unions would have to retain more net Paperwork Reduction Act worth in dollars than what is currently List of Subjects in 12 CFR Part 702 required under the net worth ratio to The Paperwork Reduction Act of 1995 satisfy the well-capitalized threshold. (PRA) (44 U.S.C. 3501 et seq.) requires Credit unions, Reporting and However, over 97 percent (215) of these that the Office of Management and recordkeeping requirements. Budget (OMB) approve all collections of institutions already hold more than By the National Credit Union information by a Federal agency from enough capital to meet the risk-based Administration Board on October 18, 2018. capital requirement. the public before they can be implemented. Respondents are not Gerard Poliquin, Secretary of the Board. 63 The required dollar amount for risk based required to respond to any collection of capital is calculated as [(risk-weighted assets times information unless it displays a current, ¥ ¥ For the reasons discussed above, the 10 percent) allowance for loan losses equity valid OMB control number. Board further amends 12 CFR part 702, acquired in merger + total adjusted retained In accordance with the PRA, the earnings acquired through business combinations + as amended in the final rule published NCUA share insurance capitalization deposit + information collection requirements at 80 FR 66625 (Oct. 29, 2015), as goodwill + identifiable intangible assets]¥(total included in this final rule has been follows: assets × 7 percent). Complex credit unions in Table submitted to OMB for approval under 6 are categorized by whichever calculation results control number 3133–0191.66 in a higher dollar volume. PART 702—CAPITAL ADEQUACY 64 The average net worth ratio is 10.3 percent for the 212 complex credit unions bound by risk-based 65 See 80 FR 57512 (Sept. 24, 2015). ■ 1. The authority citation for part 702 capital while the average net worth ratio for the 310 66 Proposed revisions to OMB control number continues to read as follows: complex credit unions bound by the net worth ratio 3133–0191 have been submitted to OMB for is 11.4 percent. approval in accordance with 5 CFR 1320.11. Authority: 12 U.S.C. 1766(a), 1790d.

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§ 702.103 [Amended] identified. To address the approaching rate loans as described in 13 CFR ■ 2. Amend § 702.103 by removing the sunset of LIBOR and the need for a new 120.214(c). SBA will address the words ‘‘one hundred million dollars benchmark for the calculation of the variable rate bases, including a ($100,000,000)’’ and adding in their maximum allowable fixed interest rate replacement for the LIBOR base rate, in place ‘‘five hundred million dollars for a 7(a) loan, SBA will use the prime a future rulemaking. ($500,000,000).’’ rate (Prime), as described in 13 CFR Effective November 6, 2018, for any 120.214(c), as the base rate for complete 7(a) loan application received [FR Doc. 2018–24171 Filed 11–5–18; 8:45 am] determining the maximum allowable by SBA or any request for an SBA Loan BILLING CODE 7535–01–P fixed interest rate for 7(a) loans Number submitted by a Lender with (including SBA Express and Export delegated authority (including fixed rate Express loans). SBA Express and Export Express loans SMALL BUSINESS ADMINISTRATION SBA reviewed and compared the and excluding EWCP loans and Community Advantage loans), the 13 CFR Part 120 interest rate difference between the Fixed Base Rate and Prime from October maximum allowable fixed interest rate Maximum Allowable 7(a) Fixed Interest 1, 2009 through August 1, 2018. The will be the Prime rate in effect on the Rates Fixed Base Rate was, on average, first business day of the month plus: approximately 200 basis points higher (i) 600 basis points for loans of AGENCY: U.S. Small Business than Prime during this period and, as of $25,000 or less, plus the 200 basis Administration. August 2018, the Fixed Base Rate was points permitted by 13 CFR 120.215; ACTION: Notification announcing the approximately 300 basis points higher (ii) 600 basis points for loans over maximum allowable fixed interest rates. than Prime. To address this difference, $25,000 but not exceeding $50,000, plus SBA is increasing the maximum the 100 basis points permitted by 13 SUMMARY: This document announces the allowable spread as follows: For 7(a) CFR 120.215; maximum allowable fixed interest rates fixed rate loans of $250,000 or less, SBA (iii) 600 basis points for loans greater for 7(a) guaranteed loans. is setting the maximum allowable than $50,000, up to and including DATES: This announcement of interest spread over Prime at 6% (plus the $250,000; or rates is effective November 6, 2018. additional spread permitted under 13 (iv) 500 basis points for loans over $250,000. FOR FURTHER INFORMATION CONTACT: CFR 120.215 for very small loans). For The following examples compare the Robert Carpenter, Acting Chief, 7(a) 7(a) fixed rate loans over $250,000, SBA maximum fixed rate that was in effect Loan Program and Policy Branch, Office is setting the maximum allowable during August 2018 with the maximum of Financial Assistance, U.S. Small spread over Prime at 5%. The maximum fixed rate established by this Notice, Business Administration, 409 Third allowable spread will no longer depend on the term of the loan. had it been in effect at that time: Street SW, Washington, DC 20416; Example 1: For a 7(a) loan (other than The increase in the maximum telephone: (202) 205–7654; email: SBA Express or Export Express) in the allowable spread neutralizes the impact [email protected]; or the Lender amount of $200,000 with a 7-year of replacing the Fixed Base Rate with Relations Specialist in the local Small maturity, the maximum allowable fixed Prime. A new fixed rate maximum also Business Administration (SBA) District interest rate was 10.88% [8.13% (SBA provides greater opportunity for Lenders Office. The local SBA District Office Fixed Base Rate for August 2018 based to make loans using fixed rates and may may be found at https://www.sba.gov/ on LIBOR) + 2.75% (SBA maximum offset the cost of underwriting, tools/local-assistance/districtoffices. spread for loans over $50,000 with a disbursing, and servicing loans of SUPPLEMENTARY INFORMATION: maturity of 7 years or longer)]. Agency regulations at 13 CFR $250,000 or less. SBA notes that the The new maximum allowable fixed 120.213(a), Fixed Rates for Guaranteed higher maximum interest rates rate for the same loan would be 11.00% Loans, state that ‘‘[a] loan may have a permitted under 13 CFR 120.215 for [5.00% (Prime rate for August 2018) + reasonable fixed interest rate. SBA very small loans (i.e., loans under 6.00% (maximum spread over Prime for periodically publishes the maximum $50,000) continue to apply. a fixed rate loan greater than $50,000, allowable rate in the Federal Register.’’ The interest rates set forth in this but less than $250,000, regardless of the On September 30, 2009, SBA Notice are applicable to all 7(a) fixed maturity)]. published a Federal Register Notice (74 rate loans (including fixed rate SBA Example 2: For an SBA Express or 1 FR 50263) establishing the use of the Express and Export Express loans ), Export Express loan in the amount of London Interbank Offered Rate (LIBOR) with the exception of the Export $200,000, the maximum allowable fixed 2 (as defined in 13 CFR 120.214(c)), plus Working Capital Program (EWCP) interest rate was 9.5% [5.00% (Prime 300 basis points, plus the average of the loans and Community Advantage loans. rate for August 2018) + 4.5% (maximum 5-year and 10-year LIBOR swap rates, as This Notice does not affect the spread over Prime for an SBA Express the SBA ‘‘Fixed Base Rate.’’ According allowable base rates used for variable or Export Express loan over $50,000, to the September 30, 2009 Notice, the regardless of maturity)]. maximum allowable fixed interest rate 1 It should be noted that SBA’s recently published The new maximum allowable fixed proposed rule for the Express loan programs for 7(a) loans (other than SBA Express contemplates certain maximum fixed interest rates rate for the same loan would be 11.00% and Export Express loans) was the Fixed for SBA Express and Export Express loans. See 83 [5.00% (Prime rate for August 2018) + Base Rate, plus a maximum allowable FR 49001 (September 28, 2018). Notwithstanding 6.00% (maximum spread over Prime for spread based on the term of the loan, the proposed rule, today’s Notice regarding a fixed rate loan greater than $50,000, Maximum Allowable 7(a) Fixed Interest Rates sets plus an additional spread for very small the maximum allowable fixed interest rates for SBA but less than $250,000, regardless of the loans. Express and Export Express loans at the same levels maturity)]. On July 27, 2017, the U.K. Financial as the maximum fixed rates allowable for 7(a) loans Example 3: For a 7(a) loan (other than Conduct Authority announced that it generally. SBA will reflect any necessary changes SBA Express or Export Express) in the when it finalizes the proposed rule. would phase-out LIBOR by the end of 2 In accordance with 13 CFR 120.344(c), ‘‘SBA amount of $350,000 with less than a 7- 2021. No generally accepted does not prescribe the interest rates for the EWCP, year maturity, the maximum allowable replacement for LIBOR has been but will monitor these rates for reasonableness.’’ fixed interest rate was 10.38% [8.13%

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(SBA Fixed Base Rate for August 2018 Title 1 CFR part 51, subject to the incorporates these rules into the current based on LIBOR) + 2.25% (maximum annual revision of FAA Order 7400.11 FAA Order 7400.11C. spread for loans over $50,000 with a and publication of conforming Accordingly, as this is an maturity less than 7 years)]. amendments. administrative correction to update final rule amendments into FAA Order The new maximum allowable fixed ADDRESSES: FAA Order 7400.11C, rate for the same loan would be 10.00% Airspace Designations and Reporting 7400.11C, notice and public procedure [5.00% (Prime rate for August 2018) + Points, and subsequent amendments can under 5 U.S.C. 553(b) are unnecessary. 5.00% (maximum spread over Prime for be viewed on line at http:// Also, to bring these rules and legal a fixed rate loan greater than $250,000, www.faa.gov/airtraffic/publications/. descriptions current, I find that good regardless of the maturity)]. For further information, you can contact cause exists, under 5 U.S.C. 553(d), for Example 4: For an SBA Express or the Airspace Policy Group, Federal making this amendment effective in less Export Express loan in the amount of Aviation Administration, 800 than 30 days. $35,000, the maximum allowable fixed Independence Avenue SW, Washington, Availability and Summary of interest rate was 11.5% [5.00% (Prime DC 20591; telephone: (202) 267–8783. Documents for Incorporation by rate for August 2018) + 6.5% (maximum The Order is also available for Reference spread over Prime for an SBA Express inspection at the National Archives and This document amends FAA Order or Export Express loan of $50,000 or Records Administration (NARA). For less, regardless of maturity)]. 7400.11C, Airspace Designations and information on the availability of FAA Reporting Points, dated August 13, The new maximum allowable fixed Order 7400.11C at NARA, call (202) rate for the same loan would be 12% 2018, and effective September 15, 2018. 741–6030, or go to https:// FAA Order 7400.11C is publicly [5.00% (Prime rate for August 2018) + www.archives.gov/federal-register/cfr/ 7.00% (maximum spread over Prime for available as listed in the ADDRESSES ibr-locations.html. section of this document. FAA Order a fixed rate loan greater than $25,000, FAA Order 7400.11, Airspace 7400.11C lists Class A, B, C, D, and E but less than $50,000, regardless of the Designations and Reporting Points, is airspace areas, air traffic service routes, maturity)]. published yearly and effective on and reporting points. The maximum allowable fixed September 15. interest rate for 7(a) guaranteed loans FOR FURTHER INFORMATION CONTACT: The Rule will be published periodically by SBA Sarah A. Combs, Airspace Policy Group, This action amends title 14 Code of in the Federal Register and posted Office of Airspace Services, Federal Federal Regulations (14 CFR) part 71 by monthly on SBA’s website at https:// Aviation Administration, 800 incorporating certain final rules into the caweb.sba.gov/cls/dsp_login.cfm. Independence Avenue SW, Washington, current FAA Order 7400.11C, Airspace Authority: 15 U.S.C. 636(a)(4)(A) and 13 DC 20591; telephone: (202) 267–8783. Designations and Reporting Points, CFR 120.213. SUPPLEMENTARY INFORMATION dated August 13, 2018, and effective September 15, 2018, which are depicted William M. Manger, Authority for This Rulemaking Associate Administrator, Office of Capital on aeronautical charts. Access. The FAA’s authority to issue rules regarding aviation safety is found in Regulatory Notices and Analyses [FR Doc. 2018–24258 Filed 11–5–18; 8:45 am] Title 49 of the United States Code. The FAA has determined that this BILLING CODE 8025–01–P Subtitle I, Section 106 describes the regulation only involves an established authority of the FAA Administrator. body of technical regulations for which Subtitle VII, Aviation Programs, frequent and routine amendments are DEPARTMENT OF TRANSPORTATION describes in more detail the scope of the necessary to keep them operationally Federal Aviation Administration agency’s authority. This rulemaking is current. It, therefore: (1) Is not a promulgated under the authority ‘‘significant regulatory action’’ under 14 CFR Part 71 described in Subtitle VII, Part A, Executive Order 12866; (2) is not a Subpart I, Section 40103. Under that ‘‘significant rule’’ under DOT [Docket No. FAA–2018–0770; Amendment section, the FAA is charged with Regulatory Policies and Procedures (44 No. 71–50] prescribing regulations to assign the use FR 11034; February 26, 1979); and (3) RIN 2120–AA66 of the airspace necessary to ensure the does not warrant preparation of a safety of aircraft and the efficient use of regulatory evaluation as the anticipated Airspace Designations; Incorporation airspace. This regulation is within the impact is so minimal. Since this is a by Reference Amendments scope of that authority as it makes the routine matter that only affects air traffic necessary updates for airspace areas procedures and air navigation, it is AGENCY: Federal Aviation within the National Airspace System. certified that this rule, when Administration (FAA), DOT. promulgated, does not have a significant History ACTION: Final rule, administrative economic impact on a substantial correction. Federal Aviation Administration number of small entities under the Airspace Order 7400.11, Airspace criteria of the Regulatory Flexibility Act. SUMMARY: This action incorporates Designations and Reporting Points, certain airspace designation incorporated by reference in 14 CFR Corrections amendments into FAA Order 7400.11C, 71.1, is published yearly. Amendments ■ 1. For Docket No. FAA–2018–0291; dated August 13, 2018, and effective referred to as ‘‘effective date straddling Airspace Docket No. 18–AGL–10 (83 FR September 15, 2018, for incorporation amendments’’ were published under 35540; July 27, 2018) by reference. Order 7400.11B (dated August 3, 2017, DATES: Effective date 0901 UTC and effective September 15, 2017), but Correction November 6, 2018. The Director of the became effective under Order 7400.11C ■ a. On page 35540, column 1, line 32, Federal Register approves this (dated August 13, 2018, and effective and line 45, under ADDRESSES, ‘‘. . . incorporation by reference action under September 15, 2018). This action FAA Order 7400.11B . . .’’ is corrected

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to read ‘‘. . . FAA Order 7400.11C corrected to read ‘‘. . . FAA Order Correction . . .’’. 7400.11C, Airspace Designations and ■ a. On page 37422, column 2, line 25, ■ b. On page 35540, column 2, line 50, Reporting Points, dated August 13, and line 38, under ADDRESSES, ‘‘. . . and line 53, under Availability and 2018, and effective September 15, 2018, FAA Order 7400.11B . . .’’ is corrected Summary of Documents for . . .’’. to read ‘‘. . . FAA Order 7400.11C Incorporation by Reference, ‘‘. . . FAA § 71.1 [Corrected] . . .’’. Order 7400.11B . . .’’ is corrected to ■ b. On page 37422, column 3, line 36, read ‘‘. . . FAA Order 7400.11C . . .’’. ■ e. On page 35542, column 1, line 12, and line 39, under Availability and ■ c. On page 35540, column 2, line 37, under Amendatory Instruction 2, ‘‘. . . Summary of Documents for under History, ‘‘. . . FAA Order FAA Order 7400.11B, Airspace Incorporation by Reference, ‘‘. . . FAA 7400.11B, dated August 3, 2017, and Designations and Reporting Points, Order 7400.11B . . .’’ is corrected to effective September 15, 2017, . . .’’ is dated August 3, 2017, and effective read ‘‘. . . FAA Order 7400.11C . . .’’. corrected to read ‘‘. . . FAA Order September 15, 2017, . . .’’ is corrected ■ c. On page 37422, column 3, line 23, 7400.11C, dated August 13, 2018, and to read ‘‘. . . FAA Order 7400.11C, under History, ‘‘. . . FAA Order effective September 15, 2018 . . .’’. Airspace Designations and Reporting 7400.11B, dated August 3, 2017, and ■ d. On page 35540, column 2, line 47, Points, dated August 13, 2018, and effective September 15, 2017, . . .’’ is under Availability and Summary of effective September 15, 2018, . . .’’. corrected to read ‘‘. . . FAA Order Documents for Incorporation by ■ 3. For Docket No. FAA–2017–1083; 7400.11C, dated August 13, 2018, and Reference, ‘‘. . . FAA Order 7400.11B, Airspace Docket No. 17–ACE–13 (83 FR effective September 15, 2018 . . .’’. Airspace Designations and Reporting 35542, July 27, 2018). ■ d. On page 37422, column 3, line 33, Points, dated August 3, 2017, and under Availability and Summary of effective September 15, 2017, . . .’’ is Correction Documents for Incorporation by corrected to read ‘‘. . . FAA Order ■ a. On page 35542, column 2, line 18, Reference, ‘‘. . . FAA Order 7400.11B, 7400.11C, Airspace Designations and and line 31, under ADDRESSES, ‘‘. . . Airspace Designations and Reporting Reporting Points, dated August 13, FAA Order 7400.11B . . .’’ is corrected Points, dated August 3, 2017, and 2018, and effective September 15, 2018, to read ‘‘. . . FAA Order 7400.11C effective September 15, 2017, . . .’’ is . . .’’. . . .’’. corrected to read ‘‘. . . FAA Order 7400.11C, Airspace Designations and § 71.1 [Corrected] ■ b. On page 35543, column 1, line 57, Reporting Points, dated August 13, ■ e. On page 35540, column 3, line 62, and line 60, under Availability and 2018, and effective September 15, 2018, under Amendatory Instruction 2, ‘‘. . . Summary of Documents for . . .’’. FAA Order 7400.11B, Airspace Incorporation by Reference, ‘‘. . . FAA Designations and Reporting Points, Order 7400.11B . . .’’ is corrected to § 71.1 [Corrected] dated August 3, 2017, and effective read ‘‘. . . FAA Order 7400.11C . . .’’. ■ e. On page 37423, column 1, line 50, September 15, 2017, . . .’’ is corrected ■ c. On page 35543, column 1, line 43, under Amendatory Instruction 2, ‘‘. . . to read ‘‘. . . FAA Order 7400.11C, under History, ‘‘. . . FAA Order FAA Order 7400.11B, Airspace Airspace Designations and Reporting 7400.11B, dated August 3, 2017, and Designations and Reporting Points, Points, dated August 13, 2018, and effective September 15, 2017, . . .’’ is dated August 3, 2017, and effective effective September 15, 2018, . . .’’. corrected to read ‘‘. . . FAA Order September 15, 2017, . . .’’ is corrected ■ 2. For Docket No. FAA–2018–0310; 7400.11C, dated August 13, 2018, and to read ‘‘. . . FAA Order 7400.11C, Airspace Docket No. 18–ASW–7 (83 FR effective September 15, 2018 . . .’’. Airspace Designations and Reporting 35541, July 27, 2018). ■ d. On page 35543, column 1, line 54, Points, dated August 13, 2018, and Correction under Availability and Summary of effective September 15, 2018, . . .’’. ■ 5. For Docket No. FAA–2016–9377; ■ a. On page 35541, column 1, line 49, Documents for Incorporation by Reference, ‘‘. . . FAA Order 7400.11B, Airspace Docket No. 16–AEA–8 (83 FR and column 2, line 3, under ADDRESSES, 38016, August 3, 2018). ‘‘. . . FAA Order 7400.11B . . .’’ is Airspace Designations and Reporting corrected to read ‘‘. . . FAA Order Points, dated August 3, 2017, and Correction effective September 15, 2017, . . .’’ is 7400.11C . . .’’. ■ a. On page 38016, column 3, line 24, corrected to read ‘‘. . . FAA Order ■ b. On page 35541, column 3, line 2, and line 37, under ADDRESSES, ‘‘. . . 7400.11C, Airspace Designations and and line 5, under Availability and FAA Order 7400.11B . . .’’ is corrected Reporting Points, dated August 13, Summary of Documents for to read ‘‘. . . FAA Order 7400.11C 2018, and effective September 15, 2018, Incorporation by Reference, ‘‘. . . FAA . . .’’. Order 7400.11B . . .’’ is corrected to . . .’’. ■ b. On page 38017, column 1, line 46, read ‘‘. . . FAA Order 7400.11C . . .’’. § 71.1 [Corrected] and line 49, under Availability and ■ c. On page 35541, column 2, line 55, Summary of Documents for ■ under History, ‘‘. . . FAA Order e. On page 35543, column 3, line 51, Incorporation by Reference, ‘‘. . . FAA 7400.11B, dated August 3, 2017, and under Amendatory Instruction 2, ‘‘. . . Order 7400.11B . . .’’ is corrected to effective September 15, 2017, . . .’’ is FAA Order 7400.11B, Airspace read ‘‘. . . FAA Order 7400.11C . . .’’. corrected to read ‘‘. . . FAA Order Designations and Reporting Points, ■ c. On page 38017, column 1, line 31, 7400.11C, dated August 13, 2018, and dated August 3, 2017, and effective under History, ‘‘. . . FAA Order effective September 15, 2018 . . .’’. September 15, 2017, . . .’’ is corrected 7400.11B, dated August 3, 2017, and ■ d. On page 35541, column 2, line 65, to read ‘‘. . . FAA Order 7400.11C, effective September 15, 2017, . . .’’ is under Availability and Summary of Airspace Designations and Reporting corrected to read ‘‘. . . FAA Order Documents for Incorporation by Points, dated August 13, 2018, and 7400.11C, dated August 13, 2018, and Reference, ‘‘. . . FAA Order 7400.11B, effective September 15, 2018, . . .’’. effective September 15, 2018 . . .’’. Airspace Designations and Reporting ■ 4. For Docket No. FAA–2018–0139; ■ d. On page 38017, column 1, line 43, Points, dated August 3, 2017, and Airspace Docket No. 18–ACE–1 (83 FR under Availability and Summary of effective September 15, 2017, . . .’’ is 37422, August 1, 2018). Documents for Incorporation by

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Reference, ‘‘. . . FAA Order 7400.11B, ■ 7. For Docket No. FAA–2017–0426; 7400.11C, dated August 13, 2018, and Airspace Designations and Reporting Airspace Docket No. 17–AEA–8 (83 FR effective September 15, 2018 . . .’’. Points, dated August 3, 2017, and 39583, August 10, 2018). ■ d. On page 39585, column 1, line 43, effective September 15, 2017, . . .’’ is under Availability and Summary of Correction corrected to read ‘‘. . . FAA Order Documents for Incorporation by 7400.11C, Airspace Designations and ■ a. On page 39583, column 2, line 62, Reference, ‘‘. . . FAA Order 7400.11B, Reporting Points, dated August 13, and column 3, line 12, under Airspace Designations and Reporting 2018, and effective September 15, 2018, ADDRESSES, ‘‘. . . FAA Order 7400.11B Points, dated August 3, 2017, and . . .’’. . . .’’ is corrected to read ‘‘. . . FAA effective September 15, 2017, . . .’’ is Order 7400.11C . . .’’. corrected to read ‘‘. . . FAA Order § 71.1 [Corrected] ■ b. On page 39584, column 1, line 12, 7400.11C, Airspace Designations and ■ e. On page 38017, column 3, line 6, and line 15, under Availability and Reporting Points, dated August 13, under Amendatory Instruction 2, ‘‘. . . Summary of Documents for 2018, and effective September 15, 2018, Federal Aviation Administration Order Incorporation by Reference, ‘‘. . . FAA . . .’’. 7400.11B, Airspace Designations and Order 7400.11B . . .’’ is corrected to § 71.1 [Corrected] Reporting Points, dated August 3, 2017, read ‘‘. . . FAA Order 7400.11C . . .’’. ■ and effective September 15, 2017, . . .’’ ■ c. On page 39583, column 3, line 64, e. On page 39585, column 3, line 16, is corrected to read ‘‘. . . FAA Order under History, ‘‘. . . FAA Order under Amendatory Instruction 2, ‘‘. . . 7400.11C, Airspace Designations and 7400.11B, dated August 3, 2017, and Federal Aviation Administration Order Reporting Points, dated August 13, effective September 15, 2017, . . .’’ is 7400.11B, Airspace Designations and 2018, and effective September 15, 2018, corrected to read ‘‘. . . FAA Order Reporting Points, dated August 3, 2017, . . .’’. 7400.11C, dated August 13, 2018, and and effective September 15, 2017, . . .’’ ■ 6. For Docket No. FAA–2018–0137; effective September 15, 2018 . . .’’. is corrected to read ‘‘. . . FAA Order Airspace Docket No. 18–ACE–2 (83 FR 7400.11C, Airspace Designations and ■ d. On page 39584, column 1, line 9, 38253, August 6, 2018). Reporting Points, dated August 13, under Availability and Summary of 2018, and effective September 15, 2018, Correction Documents for Incorporation by . . .’’. Reference, ‘‘. . . FAA Order 7400.11B, ■ a. On page 38253, column 3, line 41, ■ 9. For Docket No. FAA–2018–0255; Airspace Designations and Reporting and line 54, under ADDRESSES, ‘‘. . . Airspace Docket No. 18–ASO–6 (83 FR Points, dated August 3, 2017, and FAA Order 7400.11B . . .’’ is corrected 39586, August 10, 2018). to read ‘‘. . . FAA Order 7400.11C effective September 15, 2017, . . .’’ is . . .’’. corrected to read ‘‘. . . FAA Order Correction ■ b. On page 38254, column 2, line 14, 7400.11C, Airspace Designations and ■ a. On page 39586, column 2, line 26, and line 17, under Availability and Reporting Points, dated August 13, and line 39, under ADDRESSES, ‘‘. . . Summary of Documents for 2018, and effective September 15, 2018, FAA Order 7400.11B . . .’’ is corrected Incorporation by Reference, ‘‘. . . FAA . . .’’. to read ‘‘. . . FAA Order 7400.11C Order 7400.11B . . .’’ is corrected to § 71.1 [Corrected] . . .’’. ■ read ‘‘. . . FAA Order 7400.11C . . .’’. ■ b. On page 39586, column 3, line 36, ■ c. On page 38254, column 2, line 1, e. On page 39584, column 2, line 21, and line 39, under Availability and under History, ‘‘. . . FAA Order under Amendatory Instruction 2, ‘‘. . . Summary of Documents for 7400.11B, dated August 3, 2017, and FAA Order 7400.11B, Airspace Incorporation by Reference, ‘‘. . . FAA effective September 15, 2017, . . .’’ is Designations and Reporting Points, Order 7400.11B . . .’’ is corrected to corrected to read ‘‘. . . FAA Order dated August 3, 2017, and effective read ‘‘. . . FAA Order 7400.11C . . .’’. 7400.11C, dated August 13, 2018, and September 15, 2017, . . .’’ is corrected ■ c. On page 39586, column 3, line 53, effective September 15, 2018 . . .’’. to read ‘‘. . . FAA Order 7400.11C, under History, ‘‘. . . FAA Order ■ d. On page 38254, column 2, line 11, Airspace Designations and Reporting 7400.11B, dated August 3, 2017, and under Availability and Summary of Points, dated August 13, 2018, and effective September 15, 2017, . . .’’ is Documents for Incorporation by effective September 15, 2018, . . .’’. corrected to read ‘‘. . . FAA Order ■ Reference, ‘‘. . . FAA Order 7400.11B, 8. For Docket No. FAA–2017–0865; 7400.11C, dated August 13, 2018, and Airspace Designations and Reporting Airspace Docket No. 17–ASO–19 (83 FR effective September 15, 2018 . . .’’. Points, dated August 3, 2017, and 39584, August 10, 2018). ■ d. On page 39586, column 3, line 33, effective September 15, 2017, . . .’’ is Correction under Availability and Summary of corrected to read ‘‘. . . FAA Order Documents for Incorporation by ■ 7400.11C, Airspace Designations and a. On page 39584, column 3, line 29, Reference, ‘‘. . . FAA Order 7400.11B, Reporting Points, dated August 13, and line 42, under ADDRESSES, ‘‘. . . Airspace Designations and Reporting 2018, and effective September 15, 2018, FAA Order 7400.11B . . .’’ is corrected Points, dated August 3, 2017, and . . .’’. to read ‘‘. . . FAA Order 7400.11C effective September 15, 2017, . . .’’ is . . .’’. corrected to read ‘‘. . . FAA Order § 71.1 [Corrected] ■ b. On page 39585, column 1, line 46, 7400.11C, Airspace Designations and ■ e. On page 38255, column 1, line 12, and line 49, under Availability and Reporting Points, dated August 13, under Amendatory Instruction 2, ‘‘. . . Summary of Documents for 2018, and effective September 15, 2018, FAA Order 7400.11B, Airspace Incorporation by Reference, ‘‘. . . FAA . . .’’. Designations and Reporting Points, Order 7400.11B . . .’’ is corrected to dated August 3, 2017, and effective read ‘‘. . . FAA Order 7400.11C . . .’’. § 71.1 [Corrected] September 15, 2017, . . .’’ is corrected ■ c. On page 39585, column 1, line 32, ■ e. On page 39587, column 1, line 48, to read ‘‘. . . FAA Order 7400.11C, under History, ‘‘. . . FAA Order under Amendatory Instruction 2, ‘‘. . . Airspace Designations and Reporting 7400.11B, dated August 3, 2017, and Federal Aviation Administration Order Points, dated August 13, 2018, and effective September 15, 2017, . . .’’ is 7400.11B, Airspace Designations and effective September 15, 2018, . . .’’. corrected to read ‘‘. . . FAA Order Reporting Points, dated August 3, 2017,

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and effective September 15, 2017, . . .’’ ■ c. On page 42022, column 3, line 45, FAA Order 7400.11B, Airspace is corrected to read ‘‘. . . FAA Order under History, ‘‘. . . FAA Order Designations and Reporting Points, 7400.11C, Airspace Designations and 7400.11B, dated August 3, 2017, and dated August 3, 2017, and effective Reporting Points, dated August 13, effective September 15, 2017, . . .’’ is September 15, 2017, . . .’’ is corrected 2018, and effective September 15, 2018, corrected to read ‘‘. . . FAA Order to read ‘‘. . . FAA Order 7400.11C, . . .’’. 7400.11C, dated August 13, 2018, and Airspace Designations and Reporting ■ 10. For Docket No. FAA–2018–0101; effective September 15, 2018 . . .’’. Points, dated August 13, 2018, and Airspace Docket No. 18–AGL–4 (83 FR ■ d. On page 42022, column 3, line 55, effective September 15, 2018, . . .’’. 39587, August 10, 2018). under Availability and Summary of ■ 13. For Docket No. FAA–2018–0328; Documents for Incorporation by Correction Airspace Docket No. 18–ASO–7 (83 FR Reference, ‘‘. . . FAA Order 7400.11B, 42585, August 23, 2018). ■ a. On page 39587, column 2, line 44, Airspace Designations and Reporting ■ a. On page 42585, column 3, line 32, and line 47, under ADDRESSES, ‘‘. . . Points, dated August 3, 2017, and and line 45, under ADDRESSES, ‘‘. . . FAA Order 7400.11B . . .’’ is corrected effective September 15, 2017, . . .’’ is FAA Order 7400.11B . . .’’ is corrected to read ‘‘. . . FAA Order 7400.11C corrected to read ‘‘. . . FAA Order to read ‘‘. . . FAA Order 7400.11C . . .’’. 7400.11C, Airspace Designations and . . .’’. ■ b. On page 39587, column 3, line 63, Reporting Points, dated August 13, ■ b. On page 42586, column 1, line 59, and line 66, under Availability and 2018, and effective September 15, 2018, and line 62, under Availability and Summary of Documents for . . .’’. Summary of Documents for Incorporation by Reference, ‘‘. . . FAA Incorporation by Reference, ‘‘. . . FAA Order 7400.11B . . .’’ is corrected to § 71.1 [Corrected] ■ Order 7400.11B . . .’’ is corrected to read ‘‘. . . FAA Order 7400.11C . . .’’. e. On page 42023, column 2, line 12, read ‘‘. . . FAA Order 7400.11C . . .’’. ■ c. On page 39587, column 3, line 49, under Amendatory Instruction 2, ‘‘. . . ■ c. On page 42586, column 1, line 45, under History, ‘‘. . . FAA Order FAA Order 7400.11B, Airspace under History, ‘‘. . . FAA Order 7400.11B, dated August 3, 2017, and Designations and Reporting Points, 7400.11B, dated August 3, 2017, and effective September 15, 2017, . . .’’ is dated August 3, 2017, and effective effective September 15, 2017, . . .’’ is corrected to read ‘‘. . . FAA Order September 15, 2017, . . .’’ is corrected corrected to read ‘‘. . . FAA Order 7400.11C, dated August 13, 2018, and to read ‘‘. . . FAA Order 7400.11C, 7400.11C, dated August 13, 2018, and effective September 15, 2018 . . .’’. Airspace Designations and Reporting effective September 15, 2018 . . .’’. ■ d. On page 39587, column 3, line 59, Points, dated August 13, 2018, and ■ d. On page 42586, column 1, line 56, under Availability and Summary of effective September 15, 2018, . . .’’. Documents for Incorporation by ■ 12. For Docket No. FAA–2018–0044; under Availability and Summary of Reference, ‘‘. . . FAA Order 7400.11B, Airspace Docket No. 17–ANM–35 (83 Documents for Incorporation by Airspace Designations and Reporting FR 42023, August 20, 2018). Reference, ‘‘. . . FAA Order 7400.11B, Points, dated August 3, 2017, and Airspace Designations and Reporting Correction effective September 15, 2017, . . .’’ is Points, dated August 3, 2017, and corrected to read ‘‘. . . FAA Order ■ a. On page 42023, column 3, line 9, effective September 15, 2017, . . .’’ is 7400.11C, Airspace Designations and under ADDRESSES, ‘‘. . . FAA Order corrected to read ‘‘. . . FAA Order Reporting Points, dated August 13, 7400.11B . . .’’ is corrected to read 7400.11C, Airspace Designations and 2018, and effective September 15, 2018, ‘‘. . . FAA Order 7400.11C . . .’’. Reporting Points, dated August 13, . . .’’. ■ b. On page 42024, column 1, line 34, 2018, and effective September 15, 2018, and line 37, under Availability and . . .’’. § 71.1 [Corrected] Summary of Documents for § 71.1 [Corrected] ■ e. On page 39588, column 2, line 23, Incorporation by Reference, ‘‘. . . FAA ■ under Amendatory Instruction 2, ‘‘. . . Order 7400.11B . . .’’ is corrected to e. On page 42586, column 3, line 19, FAA Order 7400.11B, Airspace read ‘‘. . . FAA Order 7400.11C . . .’’. under Amendatory Instruction 2, ‘‘. . . Designations and Reporting Points, ■ c. On page 42024, column 1, line 21, Federal Aviation Administration Order dated August 3, 2017, and effective under History, ‘‘. . . FAA Order 7400.11B, Airspace Designations and September 15, 2017, . . .’’ is corrected 7400.11B, dated August 3, 2017, and Reporting Points, dated August 3, 2017, to read ‘‘. . . FAA Order 7400.11C, effective September 15, 2017, . . .’’ is and effective September 15, 2017, . . .’’ Airspace Designations and Reporting corrected to read ‘‘. . . FAA Order is corrected to read ‘‘. . . FAA Order Points, dated August 13, 2018, and 7400.11C, dated August 13, 2018, and 7400.11C, Airspace Designations and effective September 15, 2018, . . .’’. effective September 15, 2018 . . .’’. Reporting Points, dated August 13, ■ 11. For Docket No. FAA–2018–0290; ■ d. On page 42024, column 1, line 31, 2018, and effective September 15, 2018, Airspace Docket No. 18–AGL–9 (83 FR under Availability and Summary of . . .’’. 42022, August 20, 2018). Documents for Incorporation by ■ 14. For Docket No. FAA–2017–1159; Reference, ‘‘. . . FAA Order 7400.11B, Airspace Docket No. 17–ASO–23 (83 FR Correction Airspace Designations and Reporting 42587, August 23, 2018). ■ a. On page 42022, column 2, line 40, Points, dated August 3, 2017, and ■ a. On page 42587, column 1, line 50, and line 53, under ADDRESSES, ‘‘. . . effective September 15, 2017, . . .’’ is and column 2, line 54, under FAA Order 7400.11B . . .’’ is corrected corrected to read ‘‘. . . FAA Order ADDRESSES, ‘‘. . .FAA Order to read ‘‘. . . FAA Order 7400.11C 7400.11C, Airspace Designations and 7400.11B. . .’’ is corrected to read . . .’’. Reporting Points, dated August 13, ‘‘. . .FAA Order 7400.11C. . .’’. ■ b. On page 42022, column 3, line 58, 2018, and effective September 15, 2018, ■ b. On page 42588, column 1, line 36, and line 61, under Availability and . . .’’. and line 39, under Availability and Summary of Documents for Summary of Documents for Incorporation by Reference, ‘‘. . . FAA § 71.1 [Corrected] Incorporation by Reference, ‘‘. . .FAA Order 7400.11B . . .’’ is corrected to ■ e. On page 42024, column 2, line 39, Order 7400.11B. . .’’ is corrected to read ‘‘. . . FAA Order 7400.11C . . .’’. under Amendatory Instruction 2, ‘‘. . . read ‘‘. . .FAA Order 7400.11C. . .’’.

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■ c. On page 42588, column 1, line 22, corrected to read ‘‘. . .FAA Order Designations and Reporting Points, under History, ‘‘. . .FAA Order 7400.11C, Airspace Designations and dated August 13, 2018, and effective 7400.11B, dated August 3, 2017, and Reporting Points, dated August 13, September 15, 2018,. . .’’. effective September 15, 2017,. . .’’ is 2018, and effective September 15, ■ 17. For Docket No. FAA–2018–0138; corrected to read ‘‘. . . FAA Order 2018,. . .’’. Airspace Docket No. 18–ASW–5 (83 FR 7400.11C, dated August 13, 2018, and 43970, August 29, 2018). effective September 15, 2018. . .’’. § 71.1 [Corrected] Correction ■ d. On page 42588, column 2, line 7, ■ e. On page 43752, column 3, line 44, under The Rule, ‘‘. . .FAA Order under Amendatory Instruction 2, ■ a. On page 43970, column 2, line 36, 7400.11B, dated August 3, 2017, and ‘‘. . .FAA Order 7400.11B, Airspace and line 49, under ADDRESSES, effective September 15, 2017,. . .’’ is Designations and Reporting Points, ‘‘. . .FAA Order 7400.11B. . .’’ is corrected to read ‘‘. . . FAA Order dated August 3, 2017, and effective corrected to read ‘‘. . .FAA Order 7400.11C, dated August 13, 2018, and September 15, 2017,. . .’’ is corrected to 7400.11C. . .’’. effective September 15, 2018. . .’’. read ‘‘. . .FAA Order 7400.11C, ■ b. On page 43970, column 3, line 63, ■ e. On page 42588, column 1, line 33, Airspace Designations and Reporting and line 66, under Availability and under Availability and Summary of Points, dated August 13, 2018, and Summary of Documents for Documents for Incorporation by effective September 15, 2018,. . .’’. Incorporation by Reference, ‘‘. . .FAA Reference, ‘‘. . .FAA Order 7400.11B, ■ 16. For Docket No. FAA–2018–0062; Order 7400.11B. . .’’ is corrected to Airspace Designations and Reporting Airspace Docket No. 18–ASO–3 (83 FR read ‘‘. . .FAA Order 7400.11C. . .’’. Points, dated August 3, 2017, and 43968, August 29, 2018). ■ c. On page 43970, column 3, line 49, under History, ‘‘. . .FAA Order effective September 15, 2017,. . .’’ is Correction corrected to read ‘‘. . .FAA Order 7400.11B, dated August 3, 2017, and 7400.11C, Airspace Designations and ■ a. On page 43968, column 3, line 45, effective September 15, 2017,. . .’’ is Reporting Points, dated August 13, and line 58, under ADDRESSES, corrected to read ‘‘. . . FAA Order 2018, and effective September 15, ‘‘. . .FAA Order 7400.11B. . .’’ is 7400.11C, dated August 13, 2018, and 2018,. . .’’. corrected to read ‘‘. . .FAA Order effective September 15, 2018. . .’’. 7400.11C. . .’’. ■ d. On page 43970, column 3, line 60, § 71.1 [Corrected] ■ b. On page 443969, column 2, line 3, under Availability and Summary of ■ f. On page 42588, column 3, line 3, and line 6, under Availability and Documents for Incorporation by under Amendatory Instruction 2, Summary of Documents for Reference, ‘‘. . .FAA Order 7400.11B, ‘‘. . .Federal Aviation Administration Incorporation by Reference, ‘‘. . .FAA Airspace Designations and Reporting Order 7400.11B, Airspace Designations Order 7400.11B. . .’’ is corrected to Points, dated August 3, 2017, and and Reporting Points, dated August 3, read ‘‘. . .FAA Order 7400.11C. . .’’. effective September 15, 2017,. . .’’ is 2017, and effective September 15, ■ c. On page 43969, column 1, line 54, corrected to read ‘‘. . .FAA Order 2017,. . .’’ is corrected to read under History, ‘‘. . .FAA Order 7400.11C, Airspace Designations and ‘‘. . .FAA Order 7400.11C, Airspace 7400.11B, dated August 3, 2017, and Reporting Points, dated August 13, Designations and Reporting Points, effective September 15, 2017,. . .’’ is 2018, and effective September 15, dated August 13, 2018, and effective corrected to read ‘‘. . . FAA Order 2018,...’’. September 15, 2018,. . .’’. 7400.11C, dated August 13, 2018, and ■ 15. For Docket No. FAA–2018–0437; effective September 15, 2018. . .’’. § 71.1 [Corrected] Airspace Docket No. 18–ASO–5 (83 FR ■ d. On page 43969, column 2, line 57, ■ e. On page 43971, column 3, line 6, 43750, August 28, 2018). under The Rule, ‘‘. . .FAA Order under Amendatory Instruction 2, 7400.11B, dated August 3, 2017, and ‘‘. . .FAA Order 7400.11B, Airspace Correction effective September 15, 2017,. . .’’ is Designations and Reporting Points, ■ a. On page 43750, column 3, line 36, corrected to read ‘‘. . . FAA Order dated August 3, 2017, and effective and line 49, under ADDRESSES, 7400.11C, dated August 13, 2018, and September 15, 2017,. . .’’ is corrected to ‘‘. . .FAA Order 7400.11B. . .’’ is effective September 15, 2018. . .’’. read ‘‘. . .FAA Order 7400.11C, corrected to read ‘‘. . .FAA Order ■ e. On page 43969, column 1, line 66, Airspace Designations and Reporting 7400.11C. . .’’. under Availability and Summary of Points, dated August 13, 2018, and ■ b. On page 43751, column 2, line 35, Documents for Incorporation by effective September 15, 2018,. . .’’. and line 38, under Availability and Reference, ‘‘. . .FAA Order 7400.11B, ■ 18. For Docket No. FAA–2018–0131; Summary of Documents for Airspace Designations and Reporting Airspace Docket No. 18–ASO–4 (83 FR Incorporation by Reference, ‘‘. . .FAA Points, dated August 3, 2017, and 44214, August 30, 2018). Order 7400.11B. . .’’ is corrected to effective September 15, 2017,. . .’’ is Correction read ‘‘. . .FAA Order 7400.11C. . .’’. corrected to read ‘‘. . .FAA Order ■ c. On page 43751, column 1, line 37, 7400.11C, Airspace Designations and ■ a. On page 44214, column 2, line 48, under History, ‘‘. . .FAA Order Reporting Points, dated August 13, and line 61, under ADDRESSES, 7400.11B, dated August 3, 2017, and 2018, and effective September 15, ‘‘. . .FAA Order 7400.11B. . .’’ is effective September 15, 2017,. . .’’ is 2018,. . .’’. corrected to read ‘‘. . .FAA Order corrected to read ‘‘. . . FAA Order 7400.11C. . .’’. 7400.11C, dated August 13, 2018, and § 71.1 [Corrected] ■ b. On page 44215, column 1, line 67, effective September 15, 2018. . .’’. ■ f. On page 43969, column 3, line 50, and column 2, line 2, under Availability ■ d. On page 43751, column 2, line 32, under Amendatory Instruction 2, and Summary of Documents for under Availability and Summary of ‘‘. . .Federal Aviation Administration Incorporation by Reference, ‘‘. . .FAA Documents for Incorporation by Order 7400.11B, Airspace Designations Order 7400.11B. . .’’ is corrected to Reference, ‘‘. . .FAA Order 7400.11B, and Reporting Points, dated August 3, read ‘‘. . .FAA Order 7400.11C. . .’’. Airspace Designations and Reporting 2017, and effective September 15, ■ c. On page 44215, column 2, line 39, Points, dated August 3, 2017, and 2017,. . .’’ is corrected to read under The Rule, ‘‘. . .FAA Order effective September 15, 2017,. . .’’ is ‘‘. . .FAA Order 7400.11C, Airspace 7400.11B, dated August 3, 2017, and

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effective September 15, 2017,. . .’’ is Designations and Reporting Points, Order 7400.11B. . .’’ is corrected to corrected to read ‘‘. . . FAA Order dated August 3, 2017, and effective read ‘‘. . .FAA Order 7400.11C . . .’’. 7400.11C, dated August 13, 2018, and September 15, 2017,. . .’’ is corrected to ■ c. On page 45813, column 3, line 38, effective September 15, 2018. . .’’. read ‘‘. . .FAA Order 7400.11C, under History, ‘‘. . . FAA Order ■ d. On page 44215, column 1, line 64, Airspace Designations and Reporting 7400.11B, dated August 3, 2017, and under Availability and Summary of Points, dated August 13, 2018, and effective September 15, 2017, . . .’’ is Documents for Incorporation by effective September 15, 2018,. . .’’. corrected to read ‘‘. . . FAA Order Reference, ‘‘. . .FAA Order 7400.11B, ■ 20. For Docket No. FAA–2017–1051; 7400.11C, dated August 13, 2018, and Airspace Designations and Reporting Airspace Docket No. 17–AGL–21 (83 FR effective September 15, 2018 . . .’’. Points, dated August 3, 2017, and 45554, September 10, 2018). ■ d. On page 45813, column 3, line 49, effective September 15, 2017,. . .’’ is Correction under Availability and Summary of corrected to read ‘‘. . .FAA Order Documents for Incorporation by 7400.11C, Airspace Designations and ■ a. On page 45554, column 3, line 30, Reference, ‘‘. . . FAA Order 7400.11B, Reporting Points, dated August 13, and line 43, under ADDRESSES, Airspace Designations and Reporting 2018, and effective September 15, ‘‘. . .FAA Order 7400.11B. . .’’ is Points, dated August 3, 2017, and 2018,. . .’’. corrected to read ‘‘. . .FAA Order effective September 15, 2017, . . .’’ is 7400.11C. . .’’. § 71.1 [Corrected] corrected to read ‘‘. . . FAA Order ■ b. On page 45555, column 1, line 47, 7400.11C, Airspace Designations and ■ e. On page 44215, column 3, line 32, and line 50, under Availability and Reporting Points, dated August 13, under Amendatory Instruction 2, Summary of Documents for 2018, and effective September 15, 2018, ‘‘. . .Federal Aviation Administration Incorporation by Reference, ‘‘. . .FAA . . .’’. Order 7400.11B, Airspace Designations Order 7400.11B. . .’’ is corrected to and Reporting Points, dated August 3, read ‘‘. . .FAA Order 7400.11C. . .’’. § 71.1 [Corrected] 2017, and effective September 15, ■ c. On page 45555, column 1, line 34, ■ e. On page 45814, column 1, line 60, 2017,. . .’’ is corrected to read under History, ‘‘. . .FAA Order under Amendatory Instruction 2, ‘‘. . . ‘‘. . .FAA Order 7400.11C, Airspace 7400.11B, dated August 3, 2017, and FAA Order 7400.11B, Airspace Designations and Reporting Points, effective September 15, 2017,. . .’’ is Designations and Reporting Points, dated August 13, 2018, and effective corrected to read ‘‘. . . FAA Order dated August 3, 2017, and effective September 15, 2018,. . .’’. 7400.11C, dated August 13, 2018, and September 15, 2017, . . .’’ is corrected ■ 19. For Docket No. FAA–2018–0219; effective September 15, 2018. . .’’. to read ‘‘. . . FAA Order 7400.11C, Airspace Docket No. 17–AGL–23 (83 FR ■ Airspace Designations and Reporting 45337, September 7, 2018). d. On page 45555, column 1, line 44, under Availability and Summary of Points, dated August 13, 2018, and Correction Documents for Incorporation by effective September 15, 2018, . . .’’. ■ 22. For Docket No. FAA–2017–1043; ■ a. On page 45338, column 1, line 19, Reference, ‘‘. . .FAA Order 7400.11B, Airspace Docket No. 17–AEA–18 (83 FR and line 32, under ADDRESSES, Airspace Designations and Reporting 45814, September 11, 2018). ‘‘. . .FAA Order 7400.11B. . .’’ is Points, dated August 3, 2017, and corrected to read ‘‘. . .FAA Order effective September 15, 2017,. . .’’ is Correction 7400.11C. . .’’. corrected to read ‘‘. . .FAA Order ■ a. On page 45814, column 2, line 51, ■ b. On page 45339, column 1, line 1, 7400.11C, Airspace Designations and and column 3, line 5, under ADDRESSES, and line 4, under Availability and Reporting Points, dated August 13, ‘‘. . . FAA Order 7400.11B . . .’’ is Summary of Documents for 2018, and effective September 15, corrected to read ‘‘. . . FAA Order Incorporation by Reference, ‘‘. . .FAA 2018,. . .’’. 7400.11C . . .’’. Order 7400.11B. . .’’ is corrected to § 71.1 [Corrected] ■ read ‘‘. . .FAA Order 7400.11C. . .’’. b. On page 45815, column 1, line 8, ■ ■ c. On page 45338, column 3, line 56, e. On page 45555, column 3, line 12, and line 11, under Availability and under History, ‘‘. . .FAA Order under Amendatory Instruction 2, ‘‘. . . Summary of Documents for 7400.11B, dated August 3, 2017, and FAA Order 7400.11B, Airspace Incorporation by Reference, ‘‘. . . FAA effective September 15, 2017,. . .’’ is Designations and Reporting Points, Order 7400.11B . . .’’ is corrected to corrected to read ‘‘. . . FAA Order dated August 3, 2017, and effective read ‘‘. . . FAA Order 7400.11C . . .’’. 7400.11C, dated August 13, 2018, and September 15, 2017, . . .’’ is corrected ■ c. On page 45814, column 3, line 57, effective September 15, 2018. . .’’. to read ‘‘. . . FAA Order 7400.11C, under History, ‘‘. . . FAA Order ■ d. On page 45338, column 3, line 66, Airspace Designations and Reporting 7400.11B, dated August 3, 2017, and under Availability and Summary of Points, dated August 13, 2018, and effective September 15, 2017, . . .’’ is Documents for Incorporation by effective September 15, 2018,. . .’’. corrected to read ‘‘. . . FAA Order Reference, ‘‘. . .FAA Order 7400.11B, ■ 21. For Docket No. FAA–2018–0475; 7400.11C, dated August 13, 2018, and Airspace Designations and Reporting Airspace Docket No. 18–ANE–4 (83 FR effective September 15, 2018 . . .’’. Points, dated August 3, 2017, and 45813, September 11, 2018). ■ d. On page 45815, column 1, line 5, under Availability and Summary of effective September 15, 2017,. . .’’ is Correction corrected to read ‘‘. . .FAA Order Documents for Incorporation by 7400.11C, Airspace Designations and ■ a. On page 45813, column 2, line 32, Reference, ‘‘. . . FAA Order 7400.11B, Reporting Points, dated August 13, and line 45, under ADDRESSES, Airspace Designations and Reporting 2018, and effective September 15, ‘‘. . .FAA Order 7400.11B . . .’’ is Points, dated August 3, 2017, and 2018,. . .’’. corrected to read ‘‘. . . FAA Order effective September 15, 2017, . . .’’ is 7400.11C. . .’’. corrected to read ‘‘. . . FAA Order § 71.1 [Corrected] ■ b. On page 45813, column 3, line 52, 7400.11C, Airspace Designations and ■ e. On page 45339, column 2, line 46, and line 55, under Availability and Reporting Points, dated August 13, under Amendatory Instruction 2, Summary of Documents for 2018, and effective September 15, 2018, ‘‘. . .FAA Order 7400.11B, Airspace Incorporation by Reference, ‘‘. . . FAA . . .’’.

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§ 71.1 [Corrected] ■ b. On page 45818 column 3, line 10, Reporting Points, dated August 13, ■ e. On page 45815, column 2, line 19, and line 13, under Availability and 2018, and effective September 15, under Amendatory Instruction 2, ‘‘. . . Summary of Documents for 2018, . . .’’. Incorporation by Reference, ‘‘. . . FAA Federal Aviation Administration Order § 71.1 [Corrected] 7400.11B, Airspace Designations and Order 7400.11B . . .’’ is corrected to ■ Reporting Points, dated August 3, 2017, read ‘‘. . . FAA Order 7400.11C . . .’’. e. On page 45820, column 1, line 57, and effective September 15, 2017, . . .’’ ■ c. On page 45818, column 2, line 64, under Amendatory Instruction 2, ‘‘. . . is corrected to read ‘‘. . . FAA Order under History, ‘‘. . . FAA Order Federal Aviation Administration Order 7400.11C, Airspace Designations and 7400.11B, dated August 3, 2017, and 7400.11B, Airspace Designations and Reporting Points, dated August 13, effective September 15, 2017, . . .’’ is Reporting Points, dated August 3, 2017, 2018, and effective September 15, 2018, corrected to read ‘‘. . . FAA Order and effective September 15, 2017, . . .’’ . . .’’. 7400.11C, dated August 13, 2018, and is corrected to read ‘‘. . . FAA Order 7400.11C, Airspace Designations and ■ 23. For Docket No. FAA–2018–0006; effective September 15, 2018 . . .’’. ■ Reporting Points, dated August 13, Airspace Docket No. 18–AGL–1 (83 FR d. On page 45818, column 3, line 7, 2018, and effective September 15, 45815, September 11, 2018). under Availability and Summary of Documents for Incorporation by 2018, . . .’’. Correction Reference, ‘‘. . . FAA Order 7400.11B, ■ 26. For Docket No. FAA–2017–1202; ■ a. On page 45815, column 3, line 26, Airspace Designations and Reporting Airspace Docket No. 17–AWP–31 (83 FR 46386, September 13, 2018). and line 39, under ADDRESSES, ‘‘. . . Points, dated August 3, 2017, and FAA Order 7400.11B. . .’’ is corrected effective September 15, 2017, . . .’’ is Correction corrected to read ‘‘. . . FAA Order to read ‘‘. . . FAA Order 7400.11C. . .’’. ■ a. On page 46386, column 2, line 22, ■ b. On page 45816, column 1, line 36, 7400.11C, Airspace Designations and Reporting Points, dated August 13, under ADDRESSES, ‘‘. . . FAA Order and line 39, under Availability and 7400.11B . . .’’ is corrected to read Summary of Documents for 2018, and effective September 15, 2018, . . .’’. ‘‘. . . FAA Order 7400.11C . . .’’. Incorporation by Reference, ‘‘. . . FAA ■ b. On page 46386, column 3, line 42, Order 7400.11B . . .’’ is corrected to § 71.1 [Corrected] and line 45, under Availability and read ‘‘. . . FAA Order 7400.11C. . .’’. ■ e. On page 45819, column 1, line 32, Summary of Documents for ■ c. On page 45816, column 1, line 23, under Amendatory Instruction 2, ‘‘. . . Incorporation by Reference, ‘‘. . . FAA under History, ‘‘. . . FAA Order Federal Aviation Administration Order Order 7400.11B . . .’’ is corrected to 7400.11B, dated August 3, 2017, and 7400.11B, Airspace Designations and read ‘‘. . . FAA Order 7400.11C . . .’’. effective September 15, 2017, . . .’’ is Reporting Points, dated August 3, 2017, ■ c. On page 46386, column 3, line 29, corrected to read ‘‘. . . FAA Order and effective September 15, 2017, . . .’’ under History, ‘‘. . . FAA Order 7400.11C, dated August 13, 2018, and is corrected to read ‘‘. . . FAA Order 7400.11B, dated August 3, 2017, and effective September 15, 2018 . . .’’. 7400.11C, Airspace Designations and effective September 15, 2017, . . .’’ is ■ d. On page 45816, column 1, line 33, Reporting Points, dated August 13, corrected to read ‘‘. . . FAA Order under Availability and Summary of 2018, and effective September 15, 7400.11C, dated August 13, 2018, and Documents for Incorporation by 2018, . . .’’. effective September 15, 2018 . . .’’. Reference, ‘‘. . . FAA Order 7400.11B, ■ 25. For Docket No. FAA–2018–0727; ■ d. On page 46386, column 3, line 39, Airspace Designations and Reporting Airspace Docket No. 18–AEA–15 (83 FR under Availability and Summary of Points, dated August 3, 2017, and 45819, September 11, 2018). Documents for Incorporation by effective September 15, 2017, . . .’’ is Reference, ‘‘. . . FAA Order 7400.11B, Correction corrected to read ‘‘. . . FAA Order Airspace Designations and Reporting 7400.11C, Airspace Designations and ■ a. On page 45819, column 2, line 31, Points, dated August 3, 2017, and Reporting Points, dated August 13, under ADDRESSES, ‘‘. . . FAA Order effective September 15, 2017, . . .’’ is 2018, and effective September 15, 2018, 7400.11B . . .’’ is corrected to read corrected to read ‘‘. . . FAA Order . . .’’. ‘‘. . . FAA Order 7400.11C . . .’’. 7400.11C, Airspace Designations and ■ b. On page 45819, column 3, line 46, § 71.1 [Corrected] Reporting Points, dated August 13, and line 49, under Availability and 2018, and effective September 15, 2018, ■ e. On page 45816, column 2, line 61, Summary of Documents for . . .’’. under Amendatory Instruction 2, ‘‘. . . Incorporation by Reference, ‘‘. . . FAA FAA Order 7400.11B, Airspace Order 7400.11B . . .’’ is corrected to § 71.1 [Corrected] Designations and Reporting Points, read ‘‘. . . FAA Order 7400.11C . . .’’. ■ e. On page 46387, column 1, line 51, dated August 3, 2017, and effective ■ c. On page 45819, column 3, line 32, under Amendatory Instruction 2, ‘‘. . . September 15, 2017, . . .’’ is corrected under History, ‘‘. . . FAA Order FAA Order 7400.11B, Airspace to read ‘‘. . .FAA Order 7400.11C, 7400.11B, dated August 3, 2017, and Designations and Reporting Points, Airspace Designations and Reporting effective September 15, 2017, . . .’’ is dated August 3, 2017, and effective Points, dated August 13, 2018, and corrected to read ‘‘. . . FAA Order September 15, 2017, . . .’’ is corrected effective September 15, 2018, . . .’’. 7400.11C, dated August 13, 2018, and to read ‘‘. . . FAA Order 7400.11C, ■ 24. For Docket No. FAA–2018–0322; effective September 15, 2018 . . .’’. Airspace Designations and Reporting Airspace Docket No. 18–AEA–12 (83 FR ■ d. On page 45819, column 3, line 43, Points, dated August 13, 2018, and 45818, September 11, 2018). under Availability and Summary of effective September 15, 2018, . . .’’. Documents for Incorporation by ■ Correction 27. For Docket No. FAA–2017–1145; Reference, ‘‘. . . FAA Order 7400.11B, Airspace Docket No. 17–AWP–19 (83 FR ■ a. On page 45818, column 1, line 42, Airspace Designations and Reporting 46387, September 13, 2018). and line 55, under ADDRESSES, ‘‘. . . Points, dated August 3, 2017, and FAA Order 7400.11B . . .’’ is corrected effective September 15, 2017, . . .’’ is Correction to read ‘‘. . . FAA Order 7400.11C corrected to read ‘‘. . . FAA Order ■ a. On page 46387, column 3, line 49, . . .’’. 7400.11C, Airspace Designations and under ADDRESSES, ‘‘. . . FAA Order

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7400.11B . . .’’ is corrected to read § 71.1 [Corrected] Issued in Washington, DC, on October 30, ‘‘. . . FAA Order 7400.11C . . .’’. ■ d. On page 46390, column 1, line 12, 2018. ■ b. On page 46388, column 1, line 65, under Amendatory Instruction 2, ‘‘. . . Rodger A. Dean Jr., and column 2, line 2, under Availability FAA Order 7400.11B, Airspace Manager, Airspace Policy Group. and Summary of Documents for Designations and Reporting Points, [FR Doc. 2018–24210 Filed 11–5–18; 8:45 am] Incorporation by Reference, ‘‘. . . FAA dated August 3, 2017, and effective BILLING CODE 4910–13–P Order 7400.11B . . .’’ is corrected to September 15, 2017, . . .’’ is corrected read ‘‘. . . FAA Order 7400.11C . . .’’. to read ‘‘. . . FAA Order 7400.11C, ■ c. On page 46388, column 1, line 52, Airspace Designations and Reporting SECURITIES AND EXCHANGE under History, ‘‘. . . FAA Order Points, dated August 13, 2018, and COMMISSION 7400.11B, dated August 3, 2017, and effective September 15, 2018, . . .’’. ■ effective September 15, 2017, . . .’’ is 29. For Docket No. FAA–2017–1088; 17 CFR Part 240 Airspace Docket No. 17–AWP–25 (83 FR corrected to read ‘‘. . . FAA Order [Release No. 34–84511; File No. S7–24–18] 7400.11C, dated August 13, 2018, and 46390, September 13, 2018). RIN 3235–AL10 effective September 15, 2018 . . .’’. Correction ■ d. On page 46388, column 1, line 62, ■ a. On page 46390, column 2, line 1, Commission Statement on Certain under Availability and Summary of under ADDRESSES, ‘‘. . . FAA Order Provisions of Business Conduct Documents for Incorporation by 7400.11B . . .’’ is corrected to read Standards for Security-Based Swap Reference, ‘‘. . . FAA Order 7400.11B, ‘‘. . . FAA Order 7400.11C . . .’’. Dealers and Major Security-Based Airspace Designations and Reporting ■ b. On page 46390, column 3, line 13, Swap Participants Points, dated August 3, 2017, and and line 16, under Availability and AGENCY: effective September 15, 2017, . . .’’ is Summary of Documents for Securities and Exchange corrected to read ‘‘. . . FAA Order Incorporation by Reference, ‘‘. . . FAA Commission. 7400.11C, Airspace Designations and Order 7400.11B . . .’’ is corrected to ACTION: Commission statement. Reporting Points, dated August 13, read ‘‘. . . FAA Order 7400.11C . . .’’. SUMMARY: The Commission is issuing a 2018, and effective September 15, ■ c. On page 46390, column 2, line 66, 2018, . . .’’. statement regarding certain provisions under History, ‘‘. . . FAA Order of its Business Conduct Standards for 7400.11B, dated August 3, 2017, and § 71.1 [Corrected] Security-Based Swap Dealers and Major effective September 15, 2017, . . .’’ is ■ e. On page 46388, column 3, line 46, Security-Based Swap Participants. The corrected to read ‘‘. . . FAA Order statement sets forth the Commission’s under Amendatory Instruction 2, ‘‘. . . 7400.11C, dated August 13, 2018, and FAA Order 7400.11B, Airspace position, for five years after the effective September 15, 2018 . . .’’. compliance date for the security-based Designations and Reporting Points, ■ d. On page 46390, column 3, line 10, swap dealer and major security-based dated August 3, 2017, and effective under Availability and Summary of swap participant registration rules, that September 15, 2017, . . .’’ is corrected Documents for Incorporation by certain actions with respect to to read ‘‘. . . FAA Order 7400.11C, Reference, ‘‘. . . FAA Order 7400.11B, provisions of the Commission’s business Airspace Designations and Reporting Airspace Designations and Reporting conduct standards will not provide a Points, dated August 13, 2018, and Points, dated August 3, 2017, and basis for a Commission enforcement effective September 15, 2018, . . .’’. effective September 15, 2017, . . .’’ is action. ■ 28. For Docket No. FAA–2018–0018; corrected to read ‘‘. . . FAA Order Airspace Docket No. 17–AGL–20 (83 FR 7400.11C, Airspace Designations and DATES: The Commission’s statement is 46389, September 13, 2018). Reporting Points, dated August 13, effective November 6, 2018. 2018, and effective September 15, FOR FURTHER INFORMATION CONTACT: Correction 2018, . . .’’. Lourdes Gonzalez, Assistant Chief ■ Counsel; Joanne Rutkowski, Assistant a. On page 46389, column 1, line 52, § 71.1 [Corrected] ADDRESSES Chief Counsel; Devin Ryan, Senior and column 2, line 5, under , ■ ‘‘. . . FAA Order 7400.11B . . .’’ is e. On page 46391, column 1, line 21, Special Counsel; Kelly Shoop, Special corrected to read ‘‘. . . FAA Order under Amendatory Instruction 2, ‘‘. . . Counsel; or Neel Maitra, Special 7400.11C . . .’’. FAA Order 7400.11B, Airspace Counsel, at 202–551–5550, in the Designations and Reporting Points, ■ b. On page 46389, column 2, line 63, Division of Trading and Markets, dated August 3, 2017, and effective Securities and Exchange Commission, and column 3, line 1, under Availability September 15, 2017, . . .’’ is corrected and Summary of Documents for 100 F Street NE, Washington, DC 20549. to read ‘‘. . . FAA Order 7400.11C, SUPPLEMENTARY INFORMATION: Incorporation by Reference, ‘‘. . . FAA Airspace Designations and Reporting Order 7400.11B . . .’’ is corrected to Points, dated August 13, 2018, and I. Introduction read ‘‘. . . FAA Order 7400.11C . . .’’. effective September 15, 2018, . . .’’. In 2012 the U.S. Commodity Futures ■ c. On page 46389, column 2, line 60, ■ 30. For Docket No. FAA–2018–0328; Trading Commission (‘‘CFTC’’) adopted under Availability and Summary of Airspace Docket No. 18–ASO–7 (83 FR business conduct rules for swap dealers Documents for Incorporation by 46639, September 14, 2018). and major swap participants (‘‘CFTC’s Reference, ‘‘. . . FAA Order 7400.11B, Business Conduct Rules’’).1 To assist the Airspace Designations and Reporting Correction swaps industry in implementing and Points, dated August 3, 2017, and ■ a. On page 46639, column 3, line 20, complying with the CFTC’s Business effective September 15, 2017, . . .’’ is under History, ‘‘. . . FAA Order Conduct Rules, industry participants corrected to read ‘‘. . . FAA Order 7400.11B, dated August 3, 2017, and developed standardized counterparty 7400.11C, Airspace Designations and effective September 15, 2017, . . .’’ is Reporting Points, dated August 13, corrected to read ‘‘. . . FAA Order 1 Business Conduct Standards for Swap Dealers 2018, and effective September 15, 7400.11C, dated August 13, 2018, and and Major Swap Participants with Counterparties, 2018, . . .’’. effective September 15, 2018 . . .’’. 77 FR 9734 (Feb. 17, 2012).

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relationship documentation that has provide a basis for a Commission reasonably sufficient time 11 prior to been in force since 2012, and is enforcement action, as set forth below.7 entering into a security-based swap with currently used by over 22,000 the plan, the SBS Entity notifies the II. Commission Position counterparties.2 plan in writing that it may opt into In 2016, pursuant to Section 15F of The Commission’s position 8 is special entity status under Rule 15Fh– the Securities Exchange Act of 1934 expressly limited to the SEC’s Business 2(d)(4); 12 and (iii) the plan does not opt (‘‘Exchange Act’’),3 the Commission Conduct Rules, 17 CFR 240.15Fh–1 into special entity status. adopted final rules imposing business (Rule 15Fh–1) through 240.15Fh–6 B. Written Representations: SBS Dealers conduct standards (the ‘‘SEC’s Business (Rule 15Fh–6), set forth below. The Not Acting as Advisors Conduct Rules’’) for security-based Commission emphasizes that its swap dealers (‘‘SBS Dealers’’) and major position is limited to the Commission’s Reliance on the representations security-based swap participants enforcement discretion with respect to described below during the five years in (‘‘Major SBS Participants’’ and, together Rules 15Fh–1 through 15Fh–6, and does which this Commission position is in with SBS Dealers, ‘‘SBS Entities’’).4 As not modify or change any contractual effect would not provide a basis for an noted in the Commission’s Adopting rights between counterparties to enforcement action: • Release, the Commission endeavored to security-based swaps. Further, nothing An SBS Dealer seeking to establish harmonize its rules with analogous in the Commission’s position excuses that it is not acting as an advisor to a CFTC requirements where possible to compliance with Rule 15Fh–1(b), under special entity within the meaning of create efficiencies for entities that have which an SBS Entity cannot rely on a Rule 15Fh–2(a) relies on a written already established infrastructure for representation if it has information that representation that a special entity will compliance with analogous CFTC would cause a reasonable person to not rely on recommendations provided 13 requirements.5 In certain instances, question the accuracy of the by the SBS Dealer instead of having however, the Commission’s representation.9 Unless specified below, the special entity represent in writing requirements, and the associated all terms shall have the definitions set that it acknowledges that the SBS Dealer representations that would be required forth in Exchange Act Section 15F(h) is not acting as an advisor when the SBS under standardized counterparty and Rules 15Fh–1 through 15Fh–6. Dealer recommends a security-based relationship documentation, diverge Finally, the Commission’s position swap or a trading strategy that involves from those of the analogous CFTC the use of a security-based swap to the applies only to the exercise of its 14 requirements, which are reflected in enforcement discretion as set forth in special entity. • With respect to a special entity as existing standardized counterparty subsections A. through D. below, and defined in Rule 15Fh–2(d)(3) (e.g., an relationship documentation. Market only until five years after the employment plan subject to Title I of participants have expressed concerns compliance date for the SBS Entity the Employee Retirement Income about practical compliance difficulties registration rules. presented by certain of these Security Act of 1974 (29 U.S.C. 1002) differences.6 A. Non-ERISA Employee Benefit Plans (‘‘ERISA Special Entity’’)), an SBS Dealer relies on a representation from The Commission is mindful of the For purposes of the provisions the ERISA Special Entity’s fiduciary that time and costs that may be associated relating to special entities under Rules such fiduciary is not relying on with a documentation initiative that 15Fh–1 through 15Fh–6, it would not recommendations provided by the SBS would be undertaken solely to address provide a basis for an enforcement Dealer 15 instead of having the fiduciary the SEC’s Business Conduct Rules. action if an SBS Entity considers an represent in writing that it Therefore, to minimize potential market employee benefit plan as defined in acknowledges that the SBS Dealer is not disruptions to existing counterparty Rule 15Fh–2(d)(4) 10 not to be a special acting as an advisor when it relationships resulting solely from entity where: (i) The plan has recommends a security-based swap or a documentation implementation issues previously represented in writing to the (upon their compliance date when trading strategy that involves the use of SBS Entity that it is not a special entity a security-based swap to the ERISA compliance will first be required), for a for swap purposes under the CFTC’s limited time period, the Commission Special Entity.16 Business Conduct Rules; (ii) at a • takes the position that certain actions An SBS Dealer relies on a written representation from the ERISA Special with respect to provisions of the SEC’s 7 To the extent there are additional differences Business Conduct Rules will not between the CFTC’s Business Conduct Rules and Entity that any recommendation it the SEC’s Business Conduct Rules that otherwise receives from the SBS Dealer materially 2 See International Swaps and Derivatives present documentation implementation difficulties affecting a security-based swap Association, Inc. (‘‘ISDA’’) DF Protocol, List of that could result in potential for market disruption, transaction will be evaluated by a Adhering Parties, available at https://www.isda.org/ the Commission encourages market participants to provide that information to the Commission. protocol/isda-august-2012-df-protocol/adhering- 11 parties. 8 The Commission’s position is an agency See, e.g., Adopting Release, 81 FR at 29982 (‘‘[I]t is important that the required disclosures be 3 In this document, all references to ‘‘Rules’’ shall statement of general applicability with future effect made at a reasonably sufficient time before the mean those under the Exchange Act. designed to implement, interpret, or prescribe law execution of the transaction to allow the 4 or policy. Business Conduct Standards for Security-Based counterparty to assess the disclosures.’’). 9 See Section II.D., infra, for the Commission’s Swap Dealers and Major Security-Based Swap 12 Participants, 81 FR 29960 (May 13, 2016) position on written representations that were This notification requirement mirrors the (‘‘Adopting Release’’). Although the rules are now previously obtained in connection with swaps. approach set forth in CFTC Regulation at 17 CFR 23.401(c)(6). effective, the Commission determined not to require 10 Rule 15Fh–2(d)(4) defines ‘‘special entity’’ to 13 compliance with them until entities are required to include: ‘‘An employee benefit plan as defined in This written representation mirrors the register as SBS Dealers or Major SBS Participants. section 3 of the Employee Retirement Income requirement set forth in CFTC Regulation at 17 CFR See id. at 30081. Security Act of 1974 (29 U.S.C. 1002) and not 23.440(b)(2)(ii), the analogous provision to Rule 5 Id. at 29964. otherwise defined as a special entity, unless such 15Fh–2(a)(2)(i)(A). 14 6 See, e.g., Letter from Securities Industry and employee benefit plan elects not to be a special See Rule 15Fh–2(a)(2)(i)(A). Financial Markets Association (‘‘SIFMA’’) and entity by notifying a security-based swap dealer or 15 This written representation mirrors the Institute of International Bankers, June 21, 2018 major security-based swap participant of its election requirement set forth in CFTC Regulation (‘‘SIFMA June 2018 Letter’’); Letter from Church prior to entering into a security-based swap with 23.440(b)(1)(ii), the analogous provision to Rule Alliance to Brett Redfearn, June 26, 2018 (‘‘Church the particular security-based swap dealer or major 15Fh–2(a)(1)(ii). Alliance June 2018 Letter’’). security-based swap participant.’’ 16 See Rule 15Fh–2(a)(1)(ii).

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fiduciary before the transaction occurs, written representations from the spectators, participants, and vessels instead of having an ERISA Special counterparty or its representative to from the hazards associated with annual Entity represent in writing that any satisfy its due diligence requirements marine events. This rulemaking would recommendation it receives from the under Rules 15Fh–1 through 15Fh–6, prohibit entry into the safety zones SBS Dealer involving a security-based unless the SBS Entity has information during the events unless authorized by swap transaction will be evaluated by a that would cause a reasonable person to the Captain of the Port Sector New fiduciary before the transaction is question the accuracy of the Orleans or a designated representative. entered into.17 representation. As the Commission DATES: This rule is effective December 6, stated when adopting the rule, the 2018. C. Safe Harbor for SBS Dealers and question of whether reliance on Major SBS Participants Acting as ADDRESSES: To view documents representations that had been obtained Counterparties to Special Entities mentioned in this preamble as being with respect to the CFTC’s Business available in the docket, go to https:// Rule 15Fh–5(b) provides a safe harbor Conduct Rules would satisfy an SBS www.regulations.gov, type USCG–2018– for SBS Entities acting as counterparties Entity’s obligations under the SEC’s 0736 in the ‘‘SEARCH’’ box and click to a special entity other than an ERISA Business Conduct Rules will depend on ‘‘SEARCH.’’ Click on Open Docket Special Entity. As set forth in Rule the facts and circumstances of the Folder on the line associated with this 15Fh–5(b)(1)(ii)(B), to avail itself of the particular matter.19 The Commission’s rule. safe harbor the SBS Entity must among position is that, for purposes of Rule FOR FURTHER INFORMATION CONTACT: If other things, obtain written 15Fh–1(b), it would not provide a basis you have questions about this rule, call representations from the representative for an enforcement action if, during the or email Lieutenant Commander of the special entity (the ‘‘qualified five years in which this Commission Benjamin Morgan, Sector New Orleans, independent representative’’) that such position is in effect, an SBS Dealer relies U.S. Coast Guard; telephone 504–365– representative: (1) Meets the on representations from a counterparty 2281, email Benjamin.P.Morgan@ independence test as required by Rule or representative that were previously uscg.mil. 15Fh–5(a)(1)(vii); (2) has the knowledge provided in relation to swaps if the SBS SUPPLEMENTARY INFORMATION: required under Rule 15Fh–5(a)(1)(i); (3) Dealer is not aware of information that is not subject to a statutory would cause a reasonable person to I. Table of Abbreviations disqualification under Rule 15Fh– question the accuracy of the CFR Code of Federal Regulations 5(a)(1)(ii); (4) undertakes a duty to act in representation if the representation were COTP Captain of the Port Sector New the best interests of the special entity as given in relation to security-based Orleans required by Rule 15Fh–5(a)(1)(iii); and swaps.20 DHS Department of Homeland Security FR Federal Register (5) is subject to the requirements By the Commission. regarding political contributions, as NPRM Notice of proposed rulemaking Dated: October 31, 2018. applicable, under Rule 15Fh–5(a)(1)(vi). § Section It would not provide a basis for an Brent J. Fields, U.S.C. United States Code enforcement action with respect to Secretary. II. Background Information and relying on the safe harbor in Rule 15Fh– [FR Doc. 2018–24213 Filed 11–5–18; 8:45 am] Regulatory History 5(b)(1)(ii)(B) if, during the five years in BILLING CODE 8011–01–P The Captain of the Port Sector New which this Commission position is in Orleans (COTP) is amending Table 5 of effect, instead of obtaining these written 33 CFR 165.801 to update the table of representations, an SBS Entity relies on DEPARTMENT OF HOMELAND annual firework displays and other a written representation from the SECURITY marine events in Coast Guard Sector qualified independent representative Coast Guard New Orleans’ area of responsibility. The that the representative has written current list of annual and recurring policies and procedures reasonably 33 CFR Part 165 safety zones in Sector New Orleans is designed to ensure that the published in Table 5 of 33 CFR 165.801. representative satisfies the requirements [Docket Number USCG–2018–0736] That most recent table was created for acting as a qualified independent through the interim final rule published 18 RIN 1625–AA00 representative. This position is on April 22, 2014 (79 FR 22398). The applicable only to the written Safety Zones; Coast Guard Sector New current Table 5 in 33 CFR 165.801 will representations set forth in Rule 15Fh– Orleans Annual and Recurring Safety be amended to include new safety zones 5(b)(1)(ii)(B) and is only applicable Zones Update expected to recur annually and provide where the SBS Entity meets all other new information on two existing safety Commission requirements as set forth in AGENCY: Coast Guard, DHS. zones. Rule 15Fh–5(b). ACTION: Final rule. On September 10, 2018, the Coast Guard published a notice of proposed D. Reliance on Previously-Obtained SUMMARY: The Coast Guard is amending Written Representations rulemaking (NPRM) titled Safety Zones; its safety zone regulations for annual Coast Guard Sector New Orleans Finally, Rule 15Fh–1(b), as noted events in Coast Guard Sector New Annual and Recurring Safety Zones (83 above, permits an SBS Entity to rely on Orleans’ area of responsibility. This rule FR 45584). There we stated why we adds four new recurring safety zones issued the NPRM, and invited 17 See Rule 15Fh–2(a)(1)(iii)(B). This written and amends the location or dates for representation mirrors the requirement set forth in comments on our proposed regulatory two events already listed in the table. action related to this change to the CFTC Regulation 23.440(b), the analogous provision This action is necessary to protect to Rule 15Fh–2(a)(1)(iii)(B). annual and reoccurring safety zones 18 The Commission notes that this written listed in Table 5 of 33 CFR 165.801. representation is already required by Rule 15Fh– 19 See Adopting Release, 81 FR at 29976. 5(b)(1)(ii)(A), and mirrors the analogous 20 This position applies equally to the written During the comment period that ended requirement set forth in CFTC Regulation at 17 CFR representations addressed in Sections II.B. and C., on October 10, 2018, we received no 23.450(d)(1)(ii)(A). supra. comments.

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III. Legal Authority and Need for Rule current Table 5 in 33 CFR 165.801 needs Table 5 of 33 CFR 165.801. From time to be amended to include new safety to time this section needs to be The Coast Guard is issuing this rule zones expected to recur annually and amended to properly reflect recurring under authority in 33 U.S.C. 1231. The provide new information on two safety zones in Sector New Orleans’ area Captain of the Port Sector New Orleans existing safety zones. of responsibility. This rule will add four (COTP) has determined that it is new recurring safety zones and amend necessary to amend Table 5 of 33 CFR IV. Discussion of Comments, Changes, the location or dates of two safety zones 165.801 to update the table of annual and the Rule already listed in the current table. Other firework displays and other marine As noted above, we received no events in Coast Guard Sector New than the described changes, the comments on our NPRM published on regulations of 33 CFR 165.801 and other Orleans’ area of responsibility. The September 10, 2018. There are no provisions in Table 5 of § 165.801 current list of annual and recurring changes in the regulatory text of this would remain unchanged. safety zones in Sector New Orleans is rule from the proposed rule in the published in Table 5 of 33 CFR 165.801. NPRM. The Coast Guard revises regulations That most recent table was created This rule amends the safety zone in Table 5 of 33 CFR 165.801 by adding through the interim final rule published regulations for annual events in Coast four new safety zones. The safety zones on April 22, 2014 (79 FR 22398). The Guard Sector New Orleans listed in being added to Table 5 are below:

Sector New Orleans Date Sponsor/name location Safety zone

Saturday before Labor Baton Rouge Paddle Club and Muddy water Baton Rouge, LA...... Mississippi River from mile marker 215 to Day. Paddle Co./Big River Regional. 230.4, Baton Rouge, LA. July 4th...... L’Auberge Casino Baton Rouge/July 4th Baton Rouge, LA ...... Mississippi River from mile marker 216.0 to Celebration. 217.5, Baton Rouge, LA. July 4th ...... Madisonville Old Fashioned 4th of July ...... Madisonville, LA ...... Tchefuncte River, at approximate position 30°24′11.63″ N 090°09′17.39 W, in front of the Madisonville Town Hall. Weekend before July Mandeville July 4th Celebration ...... Mandeville, LA ...... Approximately 600′ off the shore of the 4th. Mandeville Lakefront 30°21′12.03″ N 90°04′ 28.95″ W.

The Coast Guard revises regulations location of mile marker (MM) 175 to Main Street 4th of July (Fireworks in Table 5 of 33 CFR 165.801 by MM 176 on the Lower Mississippi Display). The date for this safety zone is amending two existing safety zones River, above Head of Passes, Reserve, currently listed as 4th of July. The Coast listed in the table. The first safety zone LA. This location contains a typo, Guard amends the date format to to be amended is tiled as St. John the which the Coast Guard amends to reflect conform to the format of other dates Baptist Parish Independence the correct location in Reserve, LA. The listed in the table. The amendments are Celebration Fireworks. This safety zone second safety zone to be amended is below: is currently listed to occur at the titled as Independence Day Celebration,

Sector New Orleans Date Sponsor/name location Safety zone

2. July 3...... St. John the Baptist Parish Independence Reserve, LA ...... Mississippi River from mile marker 137.5 to Celebration Fireworks. 138.5, Reserve, LA. 5. July 4 ...... Independence Day Celebration, Main Street Morgan City, LA ...... Morgan City Port Allen Route mile marker 0.0 4th of July (Fireworks Display). to 1.0, Morgan City, LA.

The amendments to these safety zones V. Regulatory Analyses been designated a ‘‘significant regulatory action,’’ under Executive are necessary to ensure the safety of We developed this rule after Order 12866. Accordingly, this rule has vessels, spectators, and participants considering numerous statutes and during annual events taking place on or Executive orders related to rulemaking. not been reviewed by the Office of near the navigable waters in Sector New Below we summarize our analyses Management and Budget (OMB), and Orleans’ area of responsibility. Although based on a number of these statutes and pursuant to OMB guidance it is exempt this rule will be in effect year-round, the Executive orders, and we discuss First from the requirements of Executive specific safety zones listed in Table 5 of Amendment rights of protestors. Order 13771. 33 CFR 165.801 will only be enforced This regulatory action determination during a specified period of time A. Regulatory Planning and Review is based on the size, location, and coinciding with the happening of the Executive Orders 12866 and 13563 duration of the safety zones. These annual events listed. In accordance with direct agencies to assess the costs and safety zones are limited in size and the regulations listed in 33 CFR benefits of available regulatory duration, and are usually positioned 165.801(a) through (d), entry into these alternatives and, if regulation is away from high vessel traffic zones. safety zones is prohibited unless necessary, to select regulatory Moreover, the Coast Guard would issue authorized by the COTP or a designated approaches that maximize net benefits. a Broadcast Notice to Mariners via representative. The regulatory text of the Executive Order 13771 directs agencies VHF–FM marine channel 16 about the updates to Table 5 of § 165.801 appears to control regulatory costs through a zones, and the rule would allow vessels at the end of this document. budgeting process. This rule has not to seek permission to enter the zones.

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B. Impact on Small Entities C. Collection of Information Coast Guard in complying with the The Regulatory Flexibility Act of This rule will not call for a new National Environmental Policy Act of 1980, 5 U.S.C. 601–612, as amended, collection of information under the 1969 (42 U.S.C. 4321–4370f), and have requires Federal agencies to consider Paperwork Reduction Act of 1995 (44 determined that this action is one of a the potential impact of regulations on U.S.C. 3501–3520). category of actions that do not small entities during rulemaking. The individually or cumulatively have a D. Federalism and Indian Tribal significant effect on the human term ‘‘small entities’’ comprises small Governments businesses, not-for-profit organizations environment. This rule involves the that are independently owned and A rule has implications for federalism establishment of safety zones limiting operated and are not dominant in their under Executive Order 13132, access to certain areas in Sector New fields, and governmental jurisdictions Federalism, if it has a substantial direct Orleans’ area of responsibility. Such with populations of less than 50,000. effect on the States, on the relationship actions are categorically excluded from The Coast Guard received no comments between the national government and further review under paragraph L60(a) from the Small Business Administration the States, or on the distribution of of Appendix A, Table 1 of DHS on this rulemaking. The Coast Guard power and responsibilities among the Instruction Manual 023–01–001–01, certifies under 5 U.S.C. 605(b) that this various levels of government. We have Rev. 01. A Record of Environmental rule will not have a significant analyzed this rule under that Order and Consideration supporting this economic impact on a substantial have determined that it is consistent determination is available in the docket number of small entities. with the fundamental federalism where indicated under ADDRESSES. principles and preemption requirements While some owners or operators of G. Protest Activities described in Executive Order 13132. vessels intending to transit the safety Also, this rule does not have tribal zones may be small entities, for the The Coast Guard respects the First implications under Executive Order reasons stated in section IV.A above, Amendment rights of protesters. 13175, Consultation and Coordination this rule would not have a significant Protesters are asked to contact the with Indian Tribal Governments, economic impact on any vessel owner person listed in the FOR FURTHER because it does not have a substantial or operator. INFORMATION CONTACT section to direct effect on one or more Indian Under section 213(a) of the Small coordinate protest activities so that your tribes, on the relationship between the message can be received without Business Regulatory Enforcement Federal Government and Indian tribes, Fairness Act of 1996 (Pub. L. 104–121), jeopardizing the safety or security of or on the distribution of power and people, places or vessels. we want to assist small entities in responsibilities between the Federal understanding this rule. If the rule Government and Indian tribes. If you List of Subjects in 33 CFR Part 165 would affect your small business, believe this rule has implications for Harbors, Marine safety, Navigation organization, or governmental federalism or Indian tribes, please jurisdiction and you have questions (water), Reporting and recordkeeping contact the person listed in the FOR concerning its provisions or options for requirements, Security measures, FURTHER INFORMATION CONTACT section. compliance, please contact the person Waterways. listed in the FOR FURTHER INFORMATION E. Unfunded Mandates Reform Act For the reasons discussed in the CONTACT section. The Unfunded Mandates Reform Act preamble, the Coast Guard amends 33 Small businesses may send comments of 1995 (2 U.S.C. 1531–1538) requires CFR part 165 as follows: on the actions of Federal employees Federal agencies to assess the effects of who enforce, or otherwise determine their discretionary regulatory actions. In PART 165—REGULATED NAVIGATION compliance with, Federal regulations to particular, the Act addresses actions AREAS AND LIMITED ACCESS AREAS the Small Business and Agriculture that may result in the expenditure by a ■ Regulatory Enforcement Ombudsman State, local, or tribal government, in the 1. The authority citation for part 165 and the Regional Small Business aggregate, or by the private sector of continues to read as follows: Regulatory Fairness Boards. The $100,000,000 (adjusted for inflation) or Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Ombudsman evaluates these actions more in any one year. Though this rule 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; annually and rates each agency’s will not result in such an expenditure, Department of Homeland Security Delegation responsiveness to small business. If you we do discuss the effects of this rule No. 0170.1. wish to comment on actions by elsewhere in this preamble. ■ 2. In § 165.801, revise Table 5 to read employees of the Coast Guard, call 1– as follows: 888–REG–FAIR (1–888–734–3247). The F. Environment Coast Guard will not retaliate against We have analyzed this rule under § 165.801 Annual fireworks displays and small entities that question or complain Department of Homeland Security other events in the Eighth Coast Guard about this rule or any policy or action Directive 023–01 and Commandant District requiring safety zones. of the Coast Guard. Instruction M16475.1D, which guide the * * * * *

TABLE 5 OF § 165.801—SECTOR NEW ORLEANS ANNUAL AND RECURRING SAFETY ZONES

Date Sponsor/name Sector New Orleans location Safety zone

1. Monday before Mardi Gras Riverwalk Marketplace/Lundi Gras Fire- Mississippi River, New Orle- Mississippi River mile marker 93.0 to works Display. ans, LA. 96.0, New Orleans, LA. 2. July 3rd ...... St. John the Baptist/Independence Day Mississippi River, Reserve, Mississippi River mile marker 137.5 celebration. LA. to 138.5, Reserve, LA. 3. July 4th ...... Riverfront Marketing Group/Independ- Mississippi River, New Orle- Mississippi River mile marker 94.3 to ence Day Celebration. ans, LA. 95.3, New Orleans, LA. 4. July 4th ...... Boomtown Casino/Independence Day Harvey Canal, Harvey, LA ... Harvey Canal mile marker 4.0 to 5.0, Celebration. Harvey, LA.

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TABLE 5 OF § 165.801—SECTOR NEW ORLEANS ANNUAL AND RECURRING SAFETY ZONES—Continued

Date Sponsor/name Sector New Orleans location Safety zone

5. July 4th...... Independence Day Celebration, Main Morgan City, LA ...... Morgan City Port Allen Route mile Street 4th of July (Fireworks Display). marker 0.0 to 1.0, Morgan City, LA. 6. July 4th ...... WBRZ—The Advocate 4th of July Fire- Baton Rouge, LA ...... In the vicinity of the USS Kidd, the works Display. Lower Mississippi River from mile marker 228.8 to 230.0, Baton Rouge, LA. 7. The Saturday before July Independence Day Celebration/Bridge Grand Isle, LA ...... 500 Foot Radius from the Pier lo- 4th or on July 4th if that Side Marine. cated at Bridge Side Marine, 2012 day is a Saturday. LA Highway 1, Grand Isle, LA (Lat: 29°12′14″ N; Long: 090°02′28.47″ W). 8. 1st Weekend of September LA Shrimp and Petroleum Festival Fire- Morgan City, LA...... Atchafalaya River at mile marker works Display, LA Shrimp and Petro- 118.5, Morgan City, LA. leum Festival and Fair Association. 9. 1st Weekend in December Office of Mayor-President/Downtown Baton Rouge, LA...... Located on Left Descending Bank, (Usually that Friday, sub- Festival of Lights. Lower Mississippi River north of ject to change due to the USS Kidd, at mile marker 230, weather). Baton Rouge, LA. 10. December 31st...... Crescent City Countdown Club/New Mississippi River, New Orle- Mississippi River mile marker 93.5– Year’s Celebration. ans, LA. 96.5, New Orleans, LA. 11. December 31st ...... Boomtown Casino/New Year’s Celebra- Harvey Canal, Harvey, LA ... Harvey Canal mile marker 4.0 to 5.0, tion. Harvey, LA. 12. July 4th ...... USS Kidd Veterans Memorial/Fourth of Baton Rouge, LA ...... In the vicinity of the USS Kidd, the July Star-Spangled Celebration. Lower Mississippi River from mile marker 228.8 to 230.0, Baton Rouge, LA. 13. Saturday before Labor Baton Rouge Paddle Club and Muddy Baton Rouge, LA...... Mississippi River from mile marker Day. Water Paddle Co./Big River Regional. 215 to 230.4, Baton Rouge, LA. 14. July 4th ...... L’Auberge Casino Baton Rouge/July 4th Baton Rouge, LA...... Mississippi River from mile marker Celebration. 216.0 to 217.5, Baton Rouge, LA. 15. July 4th ...... Madisonville Old Fashioned 4th of July ... Madisonville, LA ...... Tchefuncte River, at approximate position 30°24′11.63″ N 090°09′17. 39″ W, in front of the Madisonville Town Hall. 16. Weekend before July 4th Mandeville July 4th Celebration ...... Mandeville, LA ...... Approximately 600′ off the shore of the Mandeville Lakefront 30°21′12.03″ N 90°04′ 28.95″ W.

Dated: October 31, 2018. DATES: This regulation is effective FOR FURTHER INFORMATION CONTACT: W.E. Watson, November 6, 2018. Objections and Michael L. Goodis, Registration Division Captain, U.S. Coast Guard, Acting Captain requests for hearings must be received (7505P), Office of Pesticide Programs, of the Port Sector New Orleans. on or before January 7, 2019, and must Environmental Protection Agency, 1200 [FR Doc. 2018–24230 Filed 11–5–18; 8:45 am] be filed in accordance with the Pennsylvania Ave. NW, Washington, DC BILLING CODE 9110–04–P instructions provided in 40 CFR part 20460–0001; main telephone number: 178 (see also Unit I.C. of the (703) 305–7090; email address: SUPPLEMENTARY INFORMATION). [email protected]. ADDRESSES: The docket for this action, SUPPLEMENTARY INFORMATION: ENVIRONMENTAL PROTECTION identified by docket identification (ID) AGENCY number EPA–HQ–OPP–2017–0538, is I. General Information available at http://www.regulations.gov 40 CFR Part 180 A. Does this action apply to me? or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) [EPA–HQ–OPP–2017–0538; FRL–9982–75] You may be potentially affected by in the Environmental Protection Agency this action if you are an agricultural Fludioxonil; Pesticide Tolerances Docket Center (EPA/DC), West William producer, food manufacturer, or Jefferson Clinton Bldg., Rm. 3334, 1301 pesticide manufacturer. The following AGENCY: Environmental Protection Constitution Ave. NW, Washington, DC list of North American Industrial Agency (EPA). 20460–0001. The Public Reading Room Classification System (NAICS) codes is ACTION: Final rule. is open from 8:30 a.m. to 4:30 p.m., not intended to be exhaustive, but rather Monday through Friday, excluding legal provides a guide to help readers SUMMARY: This regulation establishes holidays. The telephone number for the determine whether this document revised tolerances for residues of Public Reading Room is (202) 566–1744, applies to them. Potentially affected fludioxonil in or on beet, sugar, roots at and the telephone number for the OPP entities may include: 4.0 parts per million. Syngenta Crop Docket is (703) 305–5805. Please review • Protection, LLC requested this tolerance the visitor instructions and additional Crop production (NAICS code 111). under the Federal Food, Drug, and information about the docket available • Animal production (NAICS code Cosmetic Act (FFDCA). at http://www.epa.gov/dockets. 112).

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• Food manufacturing (NAICS code dockets generally, is available at http:// aggregate exposure for fludioxonil 311). www.epa.gov/dockets. including exposure resulting from the • Pesticide manufacturing (NAICS tolerances established by this action. II. Summary of Petitioned-For code 32532). EPA’s assessment of exposures and risks Tolerance associated with fludioxonil follows. B. How can I get electronic access to In the Federal Register of December other related information? 15, 2017 (82 FR 59604) (FRL–9970–50), A. Toxicological Profile You may access a frequently updated EPA issued a document pursuant to EPA has evaluated the available electronic version of EPA’s tolerance FFDCA section 408(d)(3), 21 U.S.C. toxicity data and considered its validity, regulations at 40 CFR part 180 through 346a(d)(3), announcing the filing of a completeness, and reliability as well as the Government Printing Office’s e-CFR pesticide petition (PP 7F8592) by the relationship of the results of the site at http://www.ecfr.gov/cgi-bin/text- Syngenta Crop Protection, LLC, 410 studies to human risk. EPA has also idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ Swing Road, Greensboro, NC 27409. The considered available information 40tab_02.tpl. petition requested that the existing concerning the variability of the tolerance in 40 CFR 180.516 for residues sensitivities of major identifiable C. How can I file an objection or hearing of the fungicide fludioxonil, 4-(2, 2- subgroups of consumers, including request? difluoro-1,3-benzodioxol-4-yl)-1H- infants and children. Under FFDCA section 408(g), 21 pyrrole-3-carbonitrile, in or on beet, In all species tested, the effects in the U.S.C. 346a, any person may file an sugar, roots be amended to 5.0 parts per fludioxonil database are indicative of objection to any aspect of this regulation million (ppm). That document toxicity to the liver, kidney, and and may also request a hearing on those referenced a summary of the petition hematopoietic system (dogs only). There objections. You must file your objection prepared by Syngenta Crop Protection, were also decreased body weights and or request a hearing on this regulation LLC, the registrant, which is available in clinical signs throughout the database. in accordance with the instructions the docket, http://www.regulations.gov. Fludioxonil was non-toxic through the provided in 40 CFR part 178. To ensure There were no comments received in dermal route and there was no evidence proper receipt by EPA, you must response to the notice of filing. of immunotoxicity when tested up to identify docket ID number EPA–HQ– Based upon review of the data the limit dose. Fludioxonil was not OPP–2017–0538 in the subject line on supporting the petition, EPA has mutagenic in the tests for gene the first page of your submission. All determined that the tolerance be set at mutations. There was no quantitative or objections and requests for a hearing 4.0 ppm, which is less than the qualitative evidence of increased must be in writing, and must be tolerance level of 5.0 ppm proposed by susceptibility following in utero received by the Hearing Clerk on or the petitioner. The reason for this exposure to rats and rabbits or following before January 7, 2019. Addresses for change is explained in Unit IV.C. pre-/postnatal exposure to rats. mail and hand delivery of objections In a rat developmental toxicity study, III. Aggregate Risk Assessment and fludioxonil caused an increase in fetal and hearing requests are provided in 40 Determination of Safety CFR 178.25(b). incidence and litter incidence of both In addition to filing an objection or Section 408(b)(2)(A)(i) of FFDCA dilated renal pelvis and ureter at the hearing request with the Hearing Clerk allows EPA to establish a tolerance (the limit dose (1000 mg/kg/day). These as described in 40 CFR part 178, please legal limit for a pesticide chemical effects are known to occur submit a copy of the filing (excluding residue in or on a food) only if EPA spontaneously in the rat, in addition to any Confidential Business Information determines that the tolerance is ‘‘safe.’’ being transient and reversible, which is (CBI)) for inclusion in the public docket. Section 408(b)(2)(A)(ii) of FFDCA consistent with the fludioxonil hazard Information not marked confidential defines ‘‘safe’’ to mean that ‘‘there is a database (not seen in offspring in the pursuant to 40 CFR part 2 may be reasonable certainty that no harm will two-generation reproductive study). disclosed publicly by EPA without prior result from aggregate exposure to the Maternal toxicity occurred at the same notice. Submit the non-CBI copy of your pesticide chemical residue, including dose and manifested as body-weight objection or hearing request, identified all anticipated dietary exposures and all decrements. Fludioxonil was not by docket ID number EPA–HQ–OPP– other exposures for which there is developmentally toxic in rabbits. In the 2017–0538, by one of the following reliable information.’’ This includes two-generation reproduction study, methods: exposure through drinking water and in parental and offspring effects occurred • Federal eRulemaking Portal: http:// residential settings, but does not include at the same dose and consisted of www.regulations.gov. Follow the online occupational exposure. Section decreased body weights in parental and instructions for submitting comments. 408(b)(2)(C) of FFDCA requires EPA to offspring animals, as well as increased Do not submit electronically any give special consideration to exposure clinical signs in parental animals. information you consider to be CBI or of infants and children to the pesticide Fludioxonil was classified as a Group other information whose disclosure is chemical residue in establishing a D carcinogen (not classifiable as to restricted by statute. tolerance and to ‘‘ensure that there is a human carcinogenicity); therefore, there • Mail: OPP Docket, Environmental reasonable certainty that no harm will is no need for a quantitative cancer risk Protection Agency Docket Center (EPA/ result to infants and children from assessment. DC), (28221T), 1200 Pennsylvania Ave. aggregate exposure to the pesticide Specific information on the studies NW, Washington, DC 20460–0001. chemical residue. . . .’’ received and the nature of the adverse • Hand Delivery: To make special Consistent with FFDCA section effects caused by fludioxonil as well as arrangements for hand delivery or 408(b)(2)(D), and the factors specified in the no-observed-adverse-effect-level delivery of boxed information, please FFDCA section 408(b)(2)(D), EPA has (NOAEL) and the lowest-observed- follow the instructions at http:// reviewed the available scientific data adverse-effect-level (LOAEL) from the www.epa.gov/dockets/contacts.html. and other relevant information in toxicity studies can be found at http:// Additional instructions on support of this action. EPA has www.regulations.gov in document commenting or visiting the docket, sufficient data to assess the hazards of Fludioxonil. ‘‘Human Health Risk along with more information about and to make a determination on Assessment for the Proposed New Post

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Harvest Use on Sugar Beets.’’ at pg. 11 ii. Chronic exposure. In conducting indoor pest control, termiticides, and in docket ID number EPA–HQ–OPP– the chronic dietary exposure assessment flea and tick control on pets). 2017–0538. EPA used the food consumption data Fludioxonil is currently registered for from the United States Department of the following uses that could result in B. Toxicological Points of Departure/ Agriculture (USDA) 2003–2008 National residential exposures: Parks, golf Levels of Concern Health and Nutrition Examination courses, athletic fields, residential Once a pesticide’s toxicological Survey, What We Eat in America, lawns, ornamentals, and greenhouses. profile is determined, EPA identifies (NHANES/WWEIA). As to residue levels EPA assessed residential exposure based toxicological points of departure (POD) in food, EPA an unrefined chronic on the following: The residential and levels of concern to use in dietary exposure and risk assessment exposure for use in the adult aggregate evaluating the risk posed by human was conducted assuming 100% percent assessment reflects inhalation exposures exposure to the pesticide. For hazards crop treated (PCT) and tolerance-level from handler exposure to applying that have a threshold below which there residues for all food commodities. The paints with airless sprayers. The is no appreciable risk, the toxicological Processing Factor Focus (PFFG) default residential exposure for use in the POD is used as the basis for derivation processing factors were used. children 1 to <2 years old aggregate of reference values for risk assessment. iii. Cancer. Based on the data assessment reflects incidental oral PODs are developed based on a careful summarized in Unit III.A., EPA has exposures (hand-to-mouth) from post- analysis of the doses in each classified fludioxonil as a group D application exposure to outdoor treated toxicological study to determine the carcinogen, i.e., not classifiable as to turf. dose at which no adverse effects are human carcinogenicity. Therefore, a Further information regarding EPA observed (the NOAEL) and the lowest dietary exposure assessment for the standard assumptions and generic dose at which adverse effects of concern purpose of assessing cancer risk is inputs for residential exposures may be are identified (the LOAEL). Uncertainty/ unnecessary. found at http://www.epa.gov/pesticide- safety factors are used in conjunction iv. Anticipated residue and percent science-and-assessing-pesticide-risks/ with the POD to calculate a safe crop treated (PCT) information. standard-operating-procedures- residential-pesticide. exposure level—generally referred to as EPA did not use anticipated residue a population-adjusted dose (PAD) or a 4. Cumulative effects from substances and/or PCT information in the dietary with a common mechanism of toxicity. reference dose (RfD)—and a safe margin assessment for fludioxonil. Tolerance of exposure (MOE). For non-threshold Section 408(b)(2)(D)(v) of FFDCA level residues and/or 100% CT were requires that, when considering whether risks, the Agency assumes that any assumed for all food commodities. amount of exposure will lead to some to establish, modify, or revoke a 2. Dietary exposure from drinking degree of risk. Thus, the Agency tolerance, the Agency consider water. The Agency used screening level estimates risk in terms of the probability ‘‘available information’’ concerning the water exposure models in the dietary of an occurrence of the adverse effect cumulative effects of a particular exposure analysis and risk assessment expected in a lifetime. For more pesticide’s residues and ‘‘other for fludioxonil in drinking water. These information on the general principles substances that have a common simulation models take into account EPA uses in risk characterization and a mechanism of toxicity.’’ data on the physical, chemical, and fate/ complete description of the risk EPA has not found fludioxonil to transport characteristics of fludioxonil. assessment process, see http:// share a common mechanism of toxicity Further information regarding EPA www.epa.gov/pesticides/factsheets/ with any other substances, and drinking water models used in pesticide riskassess.htm. fludioxonil does not appear to produce A summary of the toxicological exposure assessment can be found at a toxic metabolite produced by other endpoints for fludioxonil used for http://www2.epa.gov/pesticide-science- substances. For the purposes of this human risk assessment is discussed in and-assessing-pesticide-risks/about- tolerance action, therefore, EPA has Unit III.B. of the final rule published in water-exposure-models-used-pesticide. assumed that fludioxonil does not have the Federal Register of April 14, 2015 Based on the Pesticide Root Zone a common mechanism of toxicity with (80 FR 48743) (FRL–9931–06). Model/Exposure Analysis Modeling other substances. For information System (PRZM) and the Variable regarding EPA’s efforts to determine C. Exposure Assessment Volume Water Model (VVWM) along which chemicals have a common 1. Dietary exposure from food and with the Pesticide Root Zone Model mechanism of toxicity and to evaluate feed uses. In evaluating dietary Ground Water (PRZM GW) were used, the cumulative effects of such exposure to fludioxonil, EPA considered the estimated drinking water chemicals, see EPA’s website at http:// exposure under the petitioned-for concentrations (EDWCs) of fludioxonil www.epa.gov/pesticide-science-and- tolerance as well as all existing for chronic exposures for non-cancer assessing-pesticide-risks/cumulative- fludioxonil tolerances in 40 CFR assessments are estimated to be 17.7 assessment-risk-pesticides. 180.516. EPA assessed dietary parts per billion (ppb) for surface water D. Safety Factor for Infants and exposures from fludioxonil in food as and 48.34 ppb for ground water. Children follows: Modeled estimates of drinking water i. Acute exposure. Quantitative acute concentrations were directly entered 1. In general. Section 408(b)(2)(C) of dietary exposure and risk assessments into the dietary exposure model. For FFDCA provides that EPA shall apply are performed for a food-use pesticide, chronic dietary risk assessment, the an additional tenfold (10X) margin of if a toxicological study has indicated the water concentration of value 48.34 ppb safety for infants and children in the possibility of an effect of concern was used to assess the contribution to case of threshold effects to account for occurring as a result of a 1-day or single drinking water. prenatal and postnatal toxicity and the exposure. 3. From non-dietary exposure. The completeness of the database on toxicity No such effects were identified in the term ‘‘residential exposure’’ is used in and exposure unless EPA determines toxicological studies for fludioxonil; this document to refer to non- based on reliable data that a different therefore, a quantitative acute dietary occupational, non-dietary exposure margin of safety will be safe for infants exposure assessment is unnecessary. (e.g., for lawn and garden pest control, and children. This additional margin of

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safety is commonly referred to as the and surface water modeling used to 4. Intermediate-term risk. Food Quality Protection Act Safety assess exposure to fludioxonil in Intermediate-term aggregate exposure Factor (FQPA SF). In applying this drinking water. EPA used similarly takes into account intermediate-term provision, EPA either retains the default conservative assumptions to assess residential exposure plus chronic value of 10X, or uses a different postapplication exposure of children as exposure to food and water (considered additional safety factor when reliable well as incidental oral exposure of to be a background exposure level). data available to EPA support the choice toddlers. These assessments will not Intermediate- and long-term aggregate of a different factor. underestimate the exposure and risks risk assessments were not performed 2. Prenatal and postnatal sensitivity. posed by fludioxonil. because there are no registered or There was no quantitative or qualitative proposed uses of fludioxonil that result evidence of increased susceptibility E. Aggregate Risks and Determination of Safety in intermediate- or long-term residential following in utero exposure to rats and exposures. rabbits or following pre-/postnatal EPA determines whether acute and 5. Aggregate cancer risk for U.S. exposure. In a rat developmental chronic dietary pesticide exposures are population. Based on the discussion toxicity study, fludioxonil caused an safe by comparing aggregate exposure contained in Unit III.A., fludioxonil is increase in fetal incidence and litter estimates to the acute PAD (aPAD) and not expected to pose a cancer risk to incidence of dilated renal pelvis at the chronic PAD (cPAD). For linear cancer humans. limit dose (1,000 mg/kg/day). Maternal risks, EPA calculates the lifetime 6. Determination of safety. Based on toxicity occurred at the same dose and probability of acquiring cancer given the these risk assessments, EPA concludes manifested as body weight decrements. estimated aggregate exposure. Short-, that there is a reasonable certainty that Fludioxonil was not developmentally intermediate-, and chronic-term risks no harm will result to the general toxic in rabbits. In the 2-generation are evaluated by comparing the population, or to infants and children reproduction study, parental and estimated aggregate food, water, and from aggregate exposure to fludioxonil offspring effects occurred at the same residential exposure to the appropriate residues. dose and consisted of decreased body PODs to ensure that an adequate MOE weights in parental and offspring exists. IV. Other Considerations animals, as well as increased clinical 1. Acute risk. An acute aggregate risk A. Analytical Enforcement Methodology signs in parental animals. assessment takes into account acute 3. Conclusion. EPA has determined exposure estimates from dietary Adequate enforcement methodology that reliable data show the safety of consumption of food and drinking high-performance liquid infants and children would be water. No adverse effect resulting from chromatography/ultraviolet (HPLC/UV) adequately protected if the FQPA SF a single oral exposure was identified methods (Methods AG–597 and AG– were reduced to 1X. That decision is and no acute dietary endpoint was 597B) are available for enforcing based on the following findings: selected. Therefore, fludioxonil is not tolerances for fludioxonil on plant i. The toxicity database for fludioxonil expected to pose an acute risk. commodities. An adequate liquid is complete. 2. Chronic risk. Using the exposure chromatography, tandem mass ii. There is low concern that assumptions described in this unit for spectrometry (LC–MS/MS) method fludioxonil is a neurotoxic chemical. chronic exposure, EPA has concluded (Analytical Method GRM025.03A) is The only potential indicator of that chronic exposure to fludioxonil available for enforcing tolerances for neurotoxicity for fludioxonil was from food and water will utilize 51% of residues of fludioxonil in or on convulsions in mice following handling the cPAD for children 1–2 years old, the livestock commodities. in the mouse carcinogenicity study at population group receiving the greatest The method may be requested from: the mid- and high-doses. There was no exposure. Based on the explanation in Chief, Analytical Chemistry Branch, supportive neuropathology, the effect Unit III.C.3., regarding residential use Environmental Science Center, 701 was not seen at similar doses in a patterns, chronic residential exposure to Mapes Rd., Ft. Meade, MD 20755–5350; second mouse carcinogenicity study, residues of fludioxonil is not expected. telephone number: (410) 305–2905; there were no other signs of potential 3. Short-term risk. Short-term email address: residuemethods@ neurotoxicity observed in the database, aggregate exposure takes into account epa.gov. and selected endpoints are protective of short-term residential exposure plus B. International Residue Limits the effect seen in mice. Therefore, there chronic exposure to food and water is no residual uncertainty concerning (considered to be a background In making its tolerance decisions, EPA neurotoxicity and no need to retain the exposure level). seeks to harmonize U.S. tolerances with FQPA 10X safety factor. Fludioxonil is currently registered for international standards whenever iii. There is no evidence that uses that could result in short-term possible, consistent with U.S. food fludioxonil results in increased residential exposure, and the Agency safety standards and agricultural susceptibility in in utero rats or rabbits has determined that it is appropriate to practices. EPA considers the in the prenatal developmental studies or aggregate chronic exposure through food international maximum residue limits in young rats in the 2-generation and water with short-term residential (MRLs) established by the Codex reproduction study. exposures to fludioxonil. Alimentarius Commission (Codex), as iv. There are no residual uncertainties Using the exposure assumptions required by FFDCA section 408(b)(4). identified in the exposure databases. described in this unit for short-term The Codex Alimentarius is a joint The dietary food exposure assessments exposures, EPA has concluded the United Nations Food and Agriculture were performed based on 100 PCT and combined short-term food, water, and Organization/World Health tolerance-level residues. EPA made residential exposures result in aggregate Organization food standards program, conservative (protective) assumptions in MOEs of 15,000 for adults and 4,600 for and it is recognized as an international the ground and surface water modeling children 1–2 years old. Because EPA’s food safety standards-setting used to assess exposure to fludioxonil in level of concern for fludioxonil is a organization in trade agreements to drinking water. EPA made conservative MOE of 100 or below, these MOEs are which the United States is a party. EPA (protective) assumptions in the ground not of concern. may establish a tolerance that is

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different from a Codex MRL; however, Environmental Justice in Minority Register. This action is not a ‘‘major FFDCA section 408(b)(4) requires that Populations and Low-Income rule’’ as defined by 5 U.S.C. 804(2). EPA explain the reasons for departing Populations’’ (59 FR 7629, February 16, from the Codex level. 1994). List of Subjects in 40 CFR Part 180 There is no Codex MRL for sugar beet Since tolerances and exemptions that Environmental protection, roots for fludioxonil. are established on the basis of a petition Administrative practice and procedure, C. Revisions to Petitioned-For under FFDCA section 408(d), such as Agricultural commodities, Pesticides Tolerances the tolerance in this final rule, do not and pests, Reporting and recordkeeping require the issuance of a proposed rule, requirements. All tolerance levels are based upon the requirements of the Regulatory the Organization for Economic Co- Flexibility Act (RFA) (5 U.S.C. 601 et Dated: October 16, 2018. operation and Development’s (OECD) seq.), do not apply. Michael Goodis, tolerance calculation procedures. Based This action directly regulates growers, on the residue chemistry data and the Director, Registration Division, Office of food processors, food handlers, and food OECD tolerance-calculation procedure, Pesticide Program. retailers, not States or tribes, nor does the tolerance level established in this this action alter the relationships or Therefore, 40 CFR chapter I is notice for fludioxonil on beet, sugar, distribution of power and amended as follows: roots is lower (4.0 ppm) than that responsibilities established by Congress requested by the petitioner (5.0 ppm). PART 180—[AMENDED] in the preemption provisions of FFDCA V. Conclusion section 408(n)(4). As such, the Agency ■ 1. The authority citation for part 180 Therefore, the tolerance is amended has determined that this action will not continues to read as follows: for residues of fludioxonil: [4-(2, 2- have a substantial direct effect on States difluoro-1,3-benzodioxol-4-yl)-1H- or tribal governments, on the Authority: 21 U.S.C. 321(q), 346a and 371. relationship between the national pyrrole-3-carbonitrile], in or on beet, ■ sugar, roots from 0.02 ppm to 4.0 ppm. government and the States or tribal 2. In § 180.516, revise the tolerance for governments, or on the distribution of ‘‘Beet, sugar, roots’’ in the table of VI. Statutory and Executive Order power and responsibilities among the paragraph (a)(1), to read as follows: Reviews various levels of government or between § 180.516 Fludioxonil; tolerance for This action amends a tolerance under the Federal Government and Indian residues. FFDCA section 408(d) in response to a tribes. Thus, the Agency has determined petition submitted to the Agency. The that Executive Order 13132, entitled (a) General. (1) * * * Office of Management and Budget ‘‘Federalism’’ (64 FR 43255, August 10, (OMB) has exempted these types of 1999) and Executive Order 13175, Commodity Parts per actions from review under Executive entitled ‘‘Consultation and Coordination million Order 12866, entitled ‘‘Regulatory with Indian Tribal Governments’’ (65 FR Planning and Review’’ (58 FR 51735, 67249, November 9, 2000) do not apply ***** October 4, 1993). Because this action to this action. In addition, this action Beet, sugar, roots ...... 4.0 has been exempted from review under does not impose any enforceable duty or Executive Order 12866, this action is contain any unfunded mandate as ***** not subject to Executive Order 13211, described under Title II of the Unfunded entitled ‘‘Actions Concerning Mandates Reform Act (UMRA) (2 U.S.C. * * * * * Regulations That Significantly Affect 1501 et seq.). [FR Doc. 2018–24265 Filed 11–5–18; 8:45 am] Energy Supply, Distribution, or Use’’ (66 This action does not involve any FR 28355, May 22, 2001) or Executive technical standards that would require BILLING CODE 6560–50–P Order 13045, entitled ‘‘Protection of Agency consideration of voluntary Children from Environmental Health consensus standards pursuant to section Risks and Safety Risks’’ (62 FR 19885, 12(d) of the National Technology April 23, 1997) nor is it considered a Transfer and Advancement Act regulatory action under Executive Order (NTTAA) (15 U.S.C. 272 note). 13771, entitled ‘‘Reducing Regulations VII. Congressional Review Act and Controlling Regulatory Costs’’ (82 FR 9339, February 3, 2017). This action Pursuant to the Congressional Review does not contain any information Act (5 U.S.C. 801 et seq.), EPA will collections subject to OMB approval submit a report containing this rule and under the Paperwork Reduction Act other required information to the U.S. (PRA) (44 U.S.C. 3501 et seq.), nor does Senate, the U.S. House of it require any special considerations Representatives, and the Comptroller under Executive Order 12898, entitled General of the United States prior to ‘‘Federal Actions to Address publication of the rule in the Federal

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Proposed Rules Federal Register Vol. 83, No. 215

Tuesday, November 6, 2018

This section of the FEDERAL REGISTER • Hand Delivery: U.S. Department of We will post all comments we contains notices to the public of the proposed Transportation, Docket Operations, receive, without change, to http:// issuance of rules and regulations. The M–30, West Building Ground Floor, www.regulations.gov, including any purpose of these notices is to give interested Room W12–140, 1200 New Jersey personal information you provide. We persons an opportunity to participate in the Avenue SE, Washington, DC, between 9 will also post a report summarizing each rule making prior to the adoption of the final rules. a.m. and 5 p.m., Monday through substantive verbal contact we receive Friday, except Federal holidays. about this SNPRM. For service information identified in Discussion DEPARTMENT OF TRANSPORTATION this NPRM, contact Airbus SAS, Airworthiness Office—EAL, Rond-Point We issued an NPRM to amend 14 CFR Federal Aviation Administration Emile Dewoitine No: 2, 31700 Blagnac part 39 by adding an AD that would Cedex, France; telephone +33 5 61 93 36 apply to certain Airbus SAS Model 14 CFR Part 39 96; fax +33 5 61 93 45 80; email A350–941 airplanes. The NPRM continued-airworthiness.a350@ published in the Federal Register on [Docket No. FAA–2018–0508; Product June 11, 2018 (83 FR 26884). The NPRM Identifier 2018–NM–012–AD] airbus.com; internet http:// www.airbus.com. You may view this was prompted by a determination that RIN 2120–AA64 referenced service information at the more restrictive maintenance FAA, Transport Standards Branch, 2200 requirements and airworthiness Airworthiness Directives; Airbus SAS limitations are necessary. The NPRM Airplanes South 216th St., Des Moines, WA. For information on the availability of this proposed to require revising the existing AGENCY: Federal Aviation material at the FAA, call 206–231–3195. maintenance or inspection program, as Administration (FAA), DOT. applicable, to incorporate new or more Examining the AD Docket restrictive maintenance requirements ACTION: Supplemental notice of and airworthiness limitations. proposed rulemaking (SNPRM); You may examine the AD docket on reopening of comment period. the internet at http:// Actions Since the NPRM Was Issued www.regulations.gov by searching for SUMMARY: We are revising an earlier Since we issued the NPRM, the and locating Docket No. FAA–2018– service information referenced in the proposal, which would have applied to 0508; or in person at Docket Operations certain Airbus SAS Model A350–941 NPRM has been further revised to between 9 a.m. and 5 p.m., Monday include new or more restrictive airplanes. This action revises the notice through Friday, except Federal holidays. of proposed rulemaking (NPRM) by maintenance requirements and The AD docket contains this SNPRM, airworthiness limitations. adding airplanes to the applicability and the regulatory evaluation, any proposing to require revised The European Aviation Safety Agency comments received, and other (EASA), which is the Technical Agent maintenance requirements and information. The street address for airworthiness limitations. We are for the Member States of the European Docket Operations (phone: 800–647– Union, has issued EASA AD 2018–0179, proposing this airworthiness directive 5527) is in the ADDRESSES section. (AD) to address the unsafe condition on dated August 23, 2018, to correct an Comments will be available in the AD unsafe condition on all Airbus SAS these products. Since these changes docket shortly after receipt. would impose an additional burden Model A350–941 and –1041 airplanes. over the proposed requirements in the FOR FURTHER INFORMATION CONTACT: EASA AD 2018–0179 states: NPRM, we are reopening the comment Kathleen Arrigotti, Aerospace Engineer, Certification Maintenance Requirements period to allow the public the chance to International Section, Transport (CMR) for the Airbus A350, which are comment on these proposed changes. Standards Branch, FAA, 2200 South approved by EASA, are currently defined and 216th St., Des Moines, WA 98198; published in the Airbus A350 ALS Part 3 DATES: The comment period for the telephone and fax 206–231–3218. document. These instructions have been NPRM published in the Federal identified as mandatory for continued Register on June 11, 2018 (83 FR 26884), SUPPLEMENTARY INFORMATION: airworthiness. Failure to accomplish these instructions is reopened. Comments Invited We must receive comments on this could result in an unsafe condition. SNPRM by December 21, 2018. We invite you to send any written EASA previously issued AD 2018–0004 to relevant data, views, or arguments about require the actions as specified in Airbus ADDRESSES: You may send comments, A350 ALS Part 3 Revision 04. using the procedures found in 14 CFR this proposal. Send your comments to Since this [EASA] AD was issued, Airbus 11.43 and 11.45, by any of the following an address listed under the ADDRESSES published variation 4.2 of Airbus A350 ALS methods: section. Include ‘‘Docket No. FAA– Part 3, to introduce new and more restrictive • Federal eRulemaking Portal: Go to 2018–0508; Product Identifier 2018– CMRs. http://www.regulations.gov. Follow the NM–012–AD’’ at the beginning of your For the reason described above, this instructions for submitting comments. comments. We specifically invite [EASA] AD requires accomplishment of the • Fax: 202–493–2251. comments on the overall regulatory, actions specified in the ALS. • Mail: U.S. Department of economic, environmental, and energy EASA previously issued AD 2018– Transportation, Docket Operations, aspects of this SNPRM. We will 0004, dated January 9, 2018, to correct M–30, West Building Ground Floor, consider all comments received by the an unsafe condition on all Airbus SAS Room W12–140, 1200 New Jersey closing date and may amend this Model A350–941 airplanes. EASA AD Avenue SE, Washington, DC 20590. SNPRM based on those comments. 2018–0004 states:

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Certification Maintenance Requirements certificate of airworthiness date. DAL to provide additional opportunity for (CMR) for the Airbus A350, which are also stated that Airbus recommends that the public to comment on this SNPRM. approved by EASA, are currently defined and operators consider implementing later- Costs of Compliance published in the Airbus A350 ALS Part 3 approved revisions to eliminate the document. These instructions have been We estimate that this proposed AD identified as mandatory for continued need for operators to obtain an airworthiness. alternative method of compliance affects 11 airplanes of U.S. registry. Failure to accomplish these instructions (AMOC) when updating maintenance We estimate the following costs to could result in an unsafe condition. programs to more current revisions and comply with this proposed AD: EASA previously issued AD 2017–0029 to variations of Airbus A350 Airworthiness We have determined that revising the require the actions as specified in Airbus Limitations Section (ALS) Part 3, existing maintenance or inspection A350 ALS Part 3 Revision 03. Certification Maintenance Requirements program takes an average of 90 work- Since this [EASA] AD was issued, Airbus hours per operator, although this figure published Revision 04 of Airbus A350 ALS (CMR). DAL stated that the revisions and variations are EASA-approved may vary from operator to operator. In Part 3, to introduce new and more restrictive the past, we have estimated that this CMRs. documents and therefore FAA-approved For the reason described above, this documents via bilateral agreements. action takes 1 work-hour per airplane. [EASA] AD retains the requirements of EASA DAL added that fewer AMOCs would Since operators incorporate AD 2017–0029, which is superseded, and reduce the workload of both the FAA maintenance or inspection program requires accomplishment of the actions and operators. changes for their affected fleet(s), we specified in the ALS. We disagree with the commenter’s have determined that a per-operator EASA ADs 2018–0004 and 2018–0179 request. We may not refer to any estimate is more accurate than a per- are collectively referred to after this as document that does not yet exist. Doing airplane estimate. Therefore, we the Mandatory Continuing estimate the total cost per operator to be so violates Office of the Federal Register × Airworthiness Information, or ‘‘the (OFR) regulations for approval of $7,650 (90 work-hours $85 per work- MCAI’’. You may examine the MCAI in materials ‘‘incorporated by reference,’’ hour). the AD docket on the internet at http:// as specified in 1 CFR 51.1(f). In general Authority for This Rulemaking www.regulations.gov by searching for terms, we are required by these OFR Title 49 of the United States Code and locating Docket No. FAA–2018– regulations to either publish the service 0508. specifies the FAA’s authority to issue document contents as part of the actual rules on aviation safety. Subtitle I, Related Service Information Under 1 AD language; or submit the service section 106, describes the authority of CFR Part 51 document to the OFR for approval as the FAA Administrator. Subtitle VII: ‘‘referenced’’ material, in which case we Airbus has issued A350 Aviation Programs, describes in more may only refer to such material in the Airworthiness Limitations Section detail the scope of the Agency’s text of an AD. An AD may refer to the (ALS) Part 3, Certification Maintenance authority. service document only if the OFR Requirements (CMR), Revision 04, dated We are issuing this rulemaking under approved it for ‘‘incorporation by December 15, 2017, as supplemented by the authority described in Subtitle VII, reference.’’ See 1 CFR part 51. Airworthiness Limitations Section Part A, Subpart III, Section 44701: (ALS) Part 3, Certification Maintenance To allow operators to use later ‘‘General requirements.’’ Under that Requirements (CMR), Variation 4.2, revisions of the referenced document section, Congress charges the FAA with dated July 26, 2018, which describes (issued after publication of the AD), promoting safe flight of civil aircraft in mandatory maintenance tasks that either we must revise the AD to refer to air commerce by prescribing regulations operators must perform at specified specific later revisions, or operators for practices, methods, and procedures intervals. This service information is must request approval to use later the Administrator finds necessary for reasonably available because the revisions as an AMOC with the AD safety in air commerce. This regulation interested parties have access to it under the provisions of paragraph (i)(1) is within the scope of that authority through their normal course of business of this proposed AD. We have not because it addresses an unsafe condition or by the means identified in the changed this proposed AD in this that is likely to exist or develop on regard. ADDRESSES section. products identified in this rulemaking action. Comments FAA’s Determination and Proposed Requirements of This SNPRM This proposed AD is issued in We gave the public the opportunity to accordance with authority delegated by participate in developing this proposed This product has been approved by the Executive Director, Aircraft AD. We considered the comment the aviation authority of another Certification Service, as authorized by received. country, and is approved for operation FAA Order 8000.51C. In accordance in the United States. Pursuant to our with that order, issuance of ADs is Request To Use Later-Approved bilateral agreement with the State of normally a function of the Compliance Revisions of the Service Information Design Authority, we have been notified and Airworthiness Division, but during Delta Air Lines (DAL) requested that of the unsafe condition described in the this transition period, the Executive we revise the proposed AD to allow use MCAI and service information Director has delegated the authority to of later-approved revisions of the referenced above. We are proposing this issue ADs applicable to transport service information. DAL stated that the AD because we evaluated all pertinent category airplanes and associated allowance of later-approved revisions information and determined an unsafe appliances to the Director of the System would address the Airworthiness condition exists and is likely to exist or Oversight Division. Limitation and Type Design conflict develop on other products of the same cited in the Supplemental Information type design. Regulatory Findings section of the NPRM, without applying Certain changes described above We determined that this proposed AD conditions to the applicability that are expand the scope of the NPRM. As a would not have federalism implications related to the original certificate of result, we have determined that it is under Executive Order 13132. This airworthiness date or original export necessary to reopen the comment period proposed AD would not have a

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substantial direct effect on the States, on would, in combination with one or more the approval must include the DOA- the relationship between the national other specific failures or events, result in a authorized signature. Government and the States, or on the hazardous or catastrophic failure condition. (3) Required for Compliance (RC): If any service information contains procedures or distribution of power and (f) Compliance tests that are identified as RC, those responsibilities among the various Comply with this AD within the procedures and tests must be done to comply levels of government. compliance times specified, unless already with this AD; any procedures or tests that are For the reasons discussed above, I done. not identified as RC are recommended. Those certify this proposed regulation: (g) Maintenance or Inspection Program procedures and tests that are not identified 1. Is not a ‘‘significant regulatory Revision as RC may be deviated from using accepted action’’ under Executive Order 12866; methods in accordance with the operator’s 2. Is not a ‘‘significant rule’’ under the Within 90 days after the effective date of maintenance or inspection program without DOT Regulatory Policies and Procedures this AD, revise the existing maintenance or obtaining approval of an AMOC, provided inspection program, as applicable, to the procedures and tests identified as RC can (44 FR 11034, February 26, 1979); incorporate Airbus A350 Airworthiness 3. Will not affect intrastate aviation in be done and the airplane can be put back in Limitations Section (ALS) Part 3, an airworthy condition. Any substitutions or Alaska; and Certification Maintenance Requirements changes to procedures or tests identified as 4. Will not have a significant (CMR), Revision 04, dated December 15, RC require approval of an AMOC. economic impact, positive or negative, 2017, as supplemented by Airworthiness on a substantial number of small entities Limitations Section (ALS) Part 3, (j) Related Information under the criteria of the Regulatory Certification Maintenance Requirements (1) Refer to Mandatory Continuing Flexibility Act. (CMR), Variation 4.2, dated July 26, 2018. Airworthiness Information (MCAI) EASA AD The initial compliance time for 2018–0179, dated August 23, 2018, and List of Subjects in 14 CFR Part 39 accomplishing the actions is at the applicable EASA AD 2018–0004, dated January 9, 2018, times specified in Airbus A350 for related information. This MCAI may be Air transportation, Aircraft, Aviation Airworthiness Limitations Section (ALS) Part safety, Incorporation by reference, found in the AD docket on the internet at 3, Certification Maintenance Requirements http://www.regulations.gov by searching for Safety. (CMR), Revision 04, dated December 15, and locating Docket No. FAA–2018–0508. 2017, including Airworthiness Limitations The Proposed Amendment (2) For more information about this AD, Section (ALS) Part 3, Certification contact Kathleen Arrigotti, Aerospace Accordingly, under the authority Maintenance Requirements (CMR), Variation Engineer, International Section, Transport delegated to me by the Administrator, 4.2, dated July 26, 2018; or within 90 days Standards Branch, FAA, 2200 South 216th the FAA proposes to amend 14 CFR part after the effective date of this AD; whichever St., Des Moines, WA 98198; telephone and 39 as follows: occurs later. fax 206–231–3218. (h) No Alternative Actions or Intervals (3) For service information identified in PART 39—AIRWORTHINESS After the existing maintenance or this AD, contact Airbus SAS, Airworthiness DIRECTIVES inspection program has been revised as Office—EAL, Rond-Point Emile Dewoitine required by paragraph (g) of this AD, no No: 2, 31700 Blagnac Cedex, France; ■ 1. The authority citation for part 39 alternative actions (e.g., inspections) or telephone +33 5 61 93 36 96; fax +33 5 61 continues to read as follows: intervals, may be used unless the actions or 93 45 80; email continued- [email protected]; internet Authority: 49 U.S.C. 106(g), 40113, 44701. intervals are approved as an alternative method of compliance (AMOC) in http://www.airbus.com. You may view this service information at the FAA, Transport § 39.13 [Amended] accordance with the procedures specified in paragraph (i)(1) of this AD. Standards Branch, 2200 South 216th St., Des ■ 2. The FAA amends § 39.13 by adding Moines, WA. For information on the the following new airworthiness (i) Other FAA AD Provisions availability of this material at the FAA, call directive (AD): The following provisions also apply to this 206–231–3195. Airbus: Docket No. FAA–2018–0508; Product AD: Issued in Des Moines, Washington, on Identifier 2018–NM–012–AD. (1) Alternative Methods of Compliance October 25, 2018. (AMOCs): The Manager, International Michael Kaszycki, (a) Comments Due Date Section, Transport Standards Branch, FAA, Acting Director, System Oversight Division, We must receive comments by December has the authority to approve AMOCs for this Aircraft Certification Service. 21, 2018. AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR [FR Doc. 2018–24019 Filed 11–5–18; 8:45 am] (b) Affected ADs 39.19, send your request to your principal BILLING CODE 4910–13–P None. inspector or local Flight Standards District Office, as appropriate. If sending information (c) Applicability directly to the International Section, send it DEPARTMENT OF TRANSPORTATION This AD applies to Airbus SAS Model to the attention of the person identified in A350–941 and -1041 airplanes, certificated in paragraph (j)(2) of this AD. Information may Federal Aviation Administration any category, with an original certificate of be emailed to: 9-ANM-116-AMOC- airworthiness or original export certificate of [email protected]. Before using any airworthiness issued on or before July 26, approved AMOC, notify your appropriate 14 CFR Part 39 2018. principal inspector, or lacking a principal [Docket No. FAA–2018–0907; Product inspector, the manager of the local flight Identifier 2018–NM–118–AD] (d) Subject standards district office/certificate holding Air Transport Association (ATA) of district office. RIN 2120–AA64 America Code 05, Time Limits/Maintenance (2) Contacting the Manufacturer: For any Checks. requirement in this AD to obtain corrective Airworthiness Directives; Airbus SAS actions from a manufacturer, the action must Airplanes (e) Reason be accomplished using a method approved This AD was prompted by a determination by the Manager, International Section, AGENCY: Federal Aviation that more restrictive maintenance Transport Standards Branch, FAA; or the Administration (FAA), DOT. requirements and airworthiness limitations European Aviation Safety Agency (EASA); or ACTION: Notice of proposed rulemaking are necessary. We are issuing this AD to Airbus SAS’s EASA Design Organization (NPRM). address safety-significant latent failures that Approval (DOA). If approved by the DOA,

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SUMMARY: We propose to supersede The AD docket contains this NPRM, the overhaul in lieu of the initial inspection Airworthiness Directive (AD) 2017–07– regulatory evaluation, any comments of the MLG leg components. 05, which applies to all Airbus SAS received, and other information. The The European Aviation Safety Agency Model A300 series airplanes; and Model street address for Docket Operations (EASA), which is the Technical Agent A300 B4–600, B4–600R, and F4–600R (phone 800–647–5527) is in the for the Member States of the European series airplanes, and Model A300 C4– ADDRESSES section. Comments will be Union, has issued EASA AD 2018–0170, 605R Variant F airplanes (collectively available in the AD docket shortly after dated August 6, 2018 (referred to after called Model A300–600 series receipt. this as the Mandatory Continuing airplanes). AD 2017–07–05 requires FOR FURTHER INFORMATION CONTACT: Dan Airworthiness Information, or ‘‘the repetitive detailed visual inspections of Rodina, Aerospace Engineer, MCAI’’), to correct an unsafe condition the main landing gear (MLG) leg International Section, Transport for all Airbus SAS Model A300 series components and replacement of the Standards Branch, FAA, 2200 South airplanes; and Model A300–600 series MLG leg if cracked components are 216th St., Des Moines, WA 98198; airplanes. The MCAI states: found. Since we issued AD 2017–07–05, telephone and fax 206–231–3225. Two cases were reported of finding a further investigation revealed that SUPPLEMENTARY INFORMATION: cracked MLG hinge arm/barrel pin, one was overhaul of the MLG does not alleviate discovered in service during a maintenance the need for inspecting the MLG hinge Comments Invited task and the other one was identified during arm/barrel pin for cracking. This MLG overhaul. We invite you to send any written This condition, if not detected and proposed AD would retain the relevant data, views, or arguments about requirements of AD 2017–07–05 and corrected, could lead to MLG collapse, this proposal. Send your comments to possibly resulting in damage to the aeroplane remove the credit for doing a MLG an address listed under the ADDRESSES and injury to occupants. overhaul in lieu of the initial inspection section. Include ‘‘Docket No. FAA– To address this potential unsafe condition, of the MLG leg components. We are 2018–0907; Product Identifier 2018– Airbus issued [Alert Operators Transmission] proposing this AD to address the unsafe NM–118–AD’’ at the beginning of your AOT A32W008–16 (original issue) to provide condition on these products. comments. We specifically invite instructions for detailed visual inspections DATES: We must receive comments on (DET) to detect cracks and EASA issued AD comments on the overall regulatory, 2016–0058 accordingly [which corresponds this proposed AD by December 21, economic, environmental, and energy to FAA AD 2017–07–05], requiring repetitive 2018. aspects of this proposed AD. We will DET of the affected parts and, depending on ADDRESSES: You may send comments, consider all comments received by the findings, replacement of the affected MLG using the procedures found in 14 CFR closing date and may amend this leg. 11.43 and 11.45, by any of the following proposed AD based on those comments. Since that AD was issued, further investigation results highlighted that, the methods: We will post all comments we • overhaul of the MLG cannot alleviate the Federal eRulemaking Portal: Go to receive, without change, to http:// inspection need of the hinge arm/barrel pin. http://www.regulations.gov. Follow the www.regulations.gov, including any For the reasons described above, this instructions for submitting comments. personal information you provide. We [EASA] AD retains the requirement of EASA • Fax: 202–493–2251. will also post a report summarizing each AD 2016–0058, which is superseded, • Mail: U.S. Department of substantive verbal contact we receive removing the credit of MLG overhaul for the Transportation, Docket Operations, about this proposed AD. first inspection of the pin. M–30, West Building Ground Floor, Discussion You may examine the MCAI in the Room W12–140, 1200 New Jersey AD docket on the internet at http:// Avenue SE, Washington, DC 20590. We issued AD 2017–07–05, www.regulations.gov by searching for • Hand Delivery: Deliver to Mail Amendment 39–18843 (82 FR 16101, and locating Docket No. FAA–2018– address above between 9 a.m. and 5 April 3, 2017) (‘‘AD 2017–07–05’’), for 0907. p.m., Monday through Friday, except all Airbus SAS Model A300 series Federal holidays. airplanes; and Model A300–600 series Related Service Information Under 1 For service information identified in airplanes. AD 2017–07–05 requires CFR Part 51 this NPRM, contact Airbus SAS, repetitive detailed visual inspections of Airbus has issued Alert Operators Airworthiness Office—EAW, Rond- the MLG leg components and Transmission (AOT) A32W008–16, Rev Point Emile Dewoitine No: 2, 31700 replacement of the MLG leg if cracked 01, dated July 30, 2018, including Blagnac Cedex, France; telephone +33 5 components are found. AD 2017–07–05 Appendixes 1 through 4. This service 61 93 36 96; fax +33 5 61 93 44 51; email resulted from reports of cracks in MLG information describes procedures for [email protected]; leg components. We issued AD 2017– inspecting the MLG hinge arm/barrel internet http://www.airbus.com. You 07–05 to address cracking of certain pin for cracking, and replacement of the may view this referenced service components in the MLG leg, which MLG leg if cracking is detected. This information at the FAA, Transport could result in a MLG collapse, and service information is reasonably Standards Branch, 2200 South 216th St., consequent damage to the airplane and available because the interested parties Des Moines, WA. For information on the injury to the airplane occupants. have access to it through their normal availability of this material at the FAA, Actions Since AD 2017–07–05 Was course of business or by the means call 206–231–3195. ADDRESSES Issued identified in the section. Examining the AD Docket Since we issued AD 2017–07–05, FAA’s Determination You may examine the AD docket on further investigation revealed that This product has been approved by the internet at http:// overhaul of the MLG does not alleviate the aviation authority of another www.regulations.gov by searching for the need for inspecting the MLG hinge country, and is approved for operation and locating Docket No. FAA–2018– arm/barrel pin for cracking. This in the United States. Pursuant to our 0907; or in person at Docket Operations proposed AD would retain the bilateral agreement with the State of between 9 a.m. and 5 p.m., Monday requirements of AD 2017–07–05 and Design Authority, we have been notified through Friday, except Federal holidays. remove the credit for substituting MLG of the unsafe condition described in the

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MCAI and service information Proposed Requirements of this NPRM AD also would require reporting the referenced above. We are proposing this findings of each inspection by sending AD because we evaluated all the This proposed AD would retain all the inspection results to Airbus SAS. requirements of AD 2017–07–05. This relevant information and determined Costs of Compliance the unsafe condition described proposed AD would require repetitive previously is likely to exist or develop detailed visual inspections of the MLG We estimate that this proposed AD on other products of the same type leg components for cracking and affects 128 airplanes of U.S. registry. We design. replacement of the MLG leg if cracked estimate the following costs to comply components are found. This proposed with this proposed AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

1 work-hour × $85 per hour = $85, per in- $0 $85, per inspection cycle ...... $10,880, per inspection cycle. spection cycle.

ESTIMATED COSTS OF ON-CONDITION ACTIONS

Labor cost Parts cost Cost per product

20 work-hours × $85 per hour = $1,700 per MLG ...... $3,400,000 per MLG ...... $3,401,700 per MLG.

We estimate that it would take about Aviation Programs, describes in more 1. Is not a ‘‘significant regulatory 1 work-hour per product to comply with detail the scope of the Agency’s action’’ under Executive Order 12866, the reporting requirement in this authority. 2. Is not a ‘‘significant rule’’ under the proposed AD. The average labor rate is We are issuing this rulemaking under DOT Regulatory Policies and Procedures $85 per hour. Based on these figures, we the authority described in Subtitle VII, (44 FR 11034, February 26, 1979), estimate the cost of reporting the Part A, Subpart III, Section 44701: inspection results on U.S. operators to ‘‘General requirements.’’ Under that 3. Will not affect intrastate aviation in be $85 per product. section, Congress charges the FAA with Alaska, and The new requirements of this promoting safe flight of civil aircraft in 4. Will not have a significant proposed AD add no additional air commerce by prescribing regulations economic impact, positive or negative, economic burden. for practices, methods, and procedures on a substantial number of small entities the Administrator finds necessary for Paperwork Reduction Act under the criteria of the Regulatory safety in air commerce. This regulation Flexibility Act. A federal agency may not conduct or is within the scope of that authority sponsor, and a person is not required to because it addresses an unsafe condition List of Subjects in 14 CFR Part 39 respond to, nor shall a person be subject that is likely to exist or develop on Air transportation, Aircraft, Aviation to penalty for failure to comply with a products identified in this rulemaking safety, Incorporation by reference, collection of information subject to the action. Safety. requirements of the Paperwork This proposed AD is issued in Reduction Act unless that collection of accordance with authority delegated by The Proposed Amendment information displays a current valid the Executive Director, Aircraft OMB control number. The control Certification Service, as authorized by Accordingly, under the authority number for the collection of information FAA Order 8000.51C. In accordance delegated to me by the Administrator, required by this AD is 2120–0056. The with that order, issuance of ADs is the FAA proposes to amend 14 CFR part paperwork cost associated with this AD normally a function of the Compliance 39 as follows: has been detailed in the Costs of and Airworthiness Division, but during PART 39—AIRWORTHINESS Compliance section of this document this transition period, the Executive DIRECTIVES and includes time for reviewing Director has delegated the authority to instructions, as well as completing and issue ADs applicable to transport ■ reviewing the collection of information. category airplanes to the Director of the 1. The authority citation for part 39 Therefore, all reporting associated with System Oversight Division. continues to read as follows: this AD is mandatory. Comments Authority: 49 U.S.C. 106(g), 40113, 44701. concerning the accuracy of this burden Regulatory Findings and suggestions for reducing the burden We determined that this proposed AD § 39.13 [Amended] should be directed to the FAA at 800 would not have federalism implications ■ 2. The FAA amends § 39.13 by Independence Ave. SW, Washington, under Executive Order 13132. This removing Airworthiness Directive (AD) DC 20591, ATTN: Information proposed AD would not have a 2017–07–05, Amendment 39–18843 (82 Collection Clearance Officer, AES–200. substantial direct effect on the States, on FR 16101, April 3, 2017), and adding the relationship between the national the following new AD: Authority for This Rulemaking Government and the States, or on the Title 49 of the United States Code distribution of power and Airbus SAS: Docket No. FAA–2018–0907; Product Identifier 2018–NM–118–AD. specifies the FAA’s authority to issue responsibilities among the various rules on aviation safety. Subtitle I, levels of government. (a) Comments Due Date section 106, describes the authority of For the reasons discussed above, I We must receive comments by December the FAA Administrator. Subtitle VII: certify this proposed regulation: 21, 2018.

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(b) Affected ADs (5) Model A300 C4–605R Variant F (g) Definition This AD replaces AD 2017–07–05, airplanes. For the purpose of this AD an affected part Amendment 39–18843 (82 FR 16101, April 3, (d) Subject is an MLG hinge arm/barrel pin having part 2017) (‘‘AD 2017–07–05’’). Air Transport Association (ATA) of number (P/N) C66441–(X) and P/N C65543– (X), where the X is representing a variable (c) Applicability America Code 32, Landing Gear. number. This AD applies to Airbus SAS airplanes, (e) Reason (h) Repetitive Inspections certificated in any category, all manufacturer This AD was prompted by reports of cracks serial numbers, identified in paragraphs in main landing gear (MLG) leg components. At the applicable compliance time (c)(1) through (c)(5) of this AD. We are issuing this AD to address cracking specified in figure 1 to paragraph (h) of this (1) Model A300 B2–1A, B2–1C, B2K–3C, of certain components in the MLG leg, which AD, and thereafter at intervals not to exceed B2–203, B4–2C, B4–103, and B4–203 could result in a MLG collapse, and 100 flight cycles, accomplish a detailed airplanes. consequent damage to the airplane and injury visual inspection of the internal diameter of (2) Model A300 B4–601, B4–603, B4–620, to the airplane occupants. each affected MLG hinge arm/barrel pin for and B4–622 airplanes. cracking, in accordance with the instructions (3) Model A300 B4–605R and B4–622R (f) Compliance of Airbus Alert Operators Transmission airplanes. Comply with this AD within the (AOT) A32W008–16, Rev 01, dated July 30, (4) Model A300 F4–605R and F4–622R compliance times specified, unless already 2018, including Appendixes 1 through 4, airplanes. done. (‘‘AOT 32W008–16, Rev 01’’).

(i) Corrective Action (2) If the inspection was done before the in 14 CFR 39.19. In accordance with 14 CFR If any crack is found during any inspection effective date of this AD: Submit the report 39.19, send your request to your principal required by paragraph (h) of this AD: Before within 30 days after the effective date of this inspector or local Flight Standards District further flight, replace the MLG leg in AD. Office, as appropriate. If sending information directly to the International Section, send it accordance with the instructions of Airbus (k) Credit for Previous Actions AOT 32W008–16, Rev 01. Replacement of a to the attention of the person identified in MLG leg does not constitute terminating This paragraph provides credit for the paragraph (m)(2) of this AD. Information may action for the repetitive inspections required initial inspection required by paragraph (h) be emailed to: 9-ANM-116-AMOC- by paragraph (h) of this AD. of this AD and corrective actions required by [email protected]. Before using any paragraph (i) of this AD, if those actions were approved AMOC, notify your appropriate (j) Reporting performed before the effective date of this AD principal inspector, or lacking a principal At the applicable time specified in using the instructions of Airbus AOT inspector, the manager of the local flight paragraph (j)(1) or (j)(2) of this AD, report the A32W008–16, dated February 25, 2016, standards district office/certificate holding inspection results required by paragraph (h) including Appendices 1 through 4. district office. of this AD to Airbus SAS. This can be (2) Contacting the Manufacturer: As of the accomplished using the instructions of (l) Other FAA AD Provisions effective date of this AD, for any requirement Airbus AOT 32W008–16, Rev 01. (1) Alternative Methods of Compliance in this AD to obtain corrective actions from (1) If the inspection was done on or after (AMOCs): The Manager, International a manufacturer, the action must be the effective date of this AD: Submit the Section, Transport Standards Branch, FAA, accomplished using a method approved by report within 30 days after each inspection has the authority to approve AMOCs for this the Manager, International Section, Transport required by paragraph (h) of this AD. AD, if requested using the procedures found Standards Branch, FAA; or the European

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Aviation Safety Agency (EASA); or Airbus DEPARTMENT OF TRANSPORTATION this material at the FAA, call 781–238– SAS’s EASA Design Organization Approval 7759. (DOA). If approved by the DOA, the approval Federal Aviation Administration must include the DOA-authorized signature. Examining the AD Docket (3) Reporting Requirements: A federal 14 CFR Part 39 You may examine the AD docket on agency may not conduct or sponsor, and a the internet at http:// person is not required to respond to, nor [Docket No. FAA–2018–0916; Product www.regulations.gov by searching for Identifier 2018–NE–33–AD] shall a person be subject to a penalty for and locating Docket No. FAA–2018– failure to comply with a collection of RIN 2120–AA64 0916; or in person at Docket Operations information subject to the requirements of between 9 a.m. and 5 p.m., Monday the Paperwork Reduction Act unless that Airworthiness Directives; BRP-Rotax through Friday, except Federal holidays. collection of information displays a current GmbH & Co KG Engines The AD docket contains this NPRM, the valid OMB Control Number. The OMB mandatory continuing airworthiness Control Number for this information AGENCY: Federal Aviation information (MCAI), the regulatory collection is 2120–0056. Public reporting for Administration (FAA), DOT. evaluation, any comments received, and this collection of information is estimated to ACTION: Notice of proposed rulemaking other information. The street address for be approximately 1 hour per response, (NPRM). Docket Operations (phone: 800–647– including the time for reviewing instructions, 5527) is listed above. Comments will be completing and reviewing the collection of SUMMARY: We propose to adopt a new available in the AD docket shortly after information. All responses to this collection airworthiness directive (AD) for certain receipt. of information are mandatory. Comments BRP-Rotax GmbH & Co KG (Rotax) 912 concerning the accuracy of this burden and and 914 model engines. This proposed FOR FURTHER INFORMATION CONTACT: suggestions for reducing the burden should AD was prompted by power loss and Wego Wang, Aerospace Engineer, ECO be directed to the FAA at: 800 Independence engine revolutions per minute (RPM) Branch, FAA, 1200 District Avenue, Ave. SW, Washington, DC 20591, Attn: drop on Rotax 912 and 914 model Burlington, MA 01803; phone: 781– Information Collection Clearance Officer, engines due to a quality control 238–7134; fax: 781–238–7199; email: AES 200. deficiency in the manufacturing process [email protected]. (m) Related Information of certain valve push-rod assemblies SUPPLEMENTARY INFORMATION: resulting in partial wear on the rocker Comments Invited (1) Refer to Mandatory Continuing arm ball socket and possible Airworthiness Information (MCAI) EASA AD malfunction of the valve. This proposed We invite you to send any written 2018–0170, dated August 6, 2018, for related AD would require a one-time inspection relevant data, views, or arguments about information. This MCAI may be found in the and, depending on the findings, this proposal. Send your comments to AD docket on the internet at http:// replacement of the affected parts with an address listed under the ADDRESSES www.regulations.gov by searching for and section. Include ‘‘Docket No. FAA– locating Docket No. FAA–2018–0907. parts eligible for installation. We are 2018–0916; Product Identifier 2018– (2) For more information about this AD, proposing this AD to address the unsafe NE–33–AD’’ at the beginning of your contact Dan Rodina, Aerospace Engineer, condition on these products. International Section, Transport Standards DATES: We must receive comments on comments. We specifically invite Branch, FAA, 2200 South 216th St., Des this proposed AD by December 21, comments on the overall regulatory, Moines, WA 98198; telephone and fax 206– 2018. economic, environmental, and energy aspects of this NPRM. We will consider 231–3225. ADDRESSES: You may send comments, (3) For service information identified in all comments received by the closing using the procedures found in 14 CFR date and may amend this NPRM this AD, contact Airbus SAS, Airworthiness 11.43 and 11.45, by any of the following Office–EAW, Rond-Point Emile Dewoitine because of those comments. methods: We will post all comments we No: 2, 31700 Blagnac Cedex, France; • Federal eRulemaking Portal: Go to telephone +33 5 61 93 36 96; fax +33 5 61 receive, without change, to http:// http://www.regulations.gov. Follow the www.regulations.gov, including any 93 44 51; email account.airworth-eas@ instructions for submitting comments. airbus.com; internet http://www.airbus.com. • personal information you provide. We Fax: 202–493–2251. will also post a report summarizing each You may view this service information at the • Mail: U.S. Department of FAA, Transport Standards Branch, 2200 substantive verbal contact we receive Transportation, Docket Operations, South 216th St., Des Moines, WA. For about this NPRM. M–30, West Building Ground Floor, information on the availability of this Room W12 140, 1200 New Jersey Discussion material at the FAA, call 206–231–3195. Avenue SE, Washington, DC 20590. The European Aviation Safety Agency Issued in Des Moines, Washington, on • Hand Delivery: Deliver to Mail October 24, 2018. (EASA), which is the Technical Agent address above between 9 a.m. and 5 for the Member States of the European Michael Kaszycki, p.m., Monday through Friday, except Community, has issued EASA AD 2017– Acting Director, System Oversight Division, Federal holidays. 0208, dated October 13, 2017 (referred Aircraft Certification Service. For service information identified in to after this as ‘‘the MCAI’’), to address this NPRM, contact BRP-Rotax GmbH & [FR Doc. 2018–24020 Filed 11–5–18; 8:45 am] the unsafe condition on these products. Co KG, Rotaxstrasse 1, A–4623 The MCAI states: BILLING CODE 4910–13–P Gunskirchen, Austria; phone: +43 7246 601 0; fax: +43 7246 601 9130; email: Power loss and engine RPM drop have [email protected]; internet: been reported on Rotax 912/914 engines in service. It has been determined that, due to www.flyrotax.com. You may view this a quality control deficiency in the service information at the FAA, Engine manufacturing process of certain valve push- & Propeller Standards Branch, 1200 rod assemblies, manufactured between 08 District Avenue, Burlington, MA 01803. June 2016 and 02 October 2017 inclusive, For information on the availability of partial wear on the rocker arm ball socket

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may occur, which may lead to malfunction Related Service Information Under 1 the unsafe condition described in the of the valve train. CFR Part 51 MCAI and service information This condition, if not detected and referenced above. We are proposing this We reviewed Rotax Service Bulletin corrected, may lead to rough engine AD because we evaluated all the operation and loss of power, possibly (SB) SB–912 i-008 R1/SB–912–070 R1/ relevant information provided by EASA resulting in a forced landing, with SB–914–052 R1 (single document), and determined the unsafe condition consequent damage to the aeroplane and Revision 1, dated October 12, 2017. The described previously is likely to exist or injury to occupants. SB describes procedures for inspection develop in other products of the same To address this potential unsafe condition, and replacement of the valve push-rod BRP-Rotax issued Service Bulletin (SB) SB– type design. 912 i–008/SB–912–070/SB–914–052 (single assembly and the left and right rocker document), providing applicable arms. This service information is Proposed AD Requirements instructions. reasonably available because the For the reason described above, this interested parties have access to it This proposed AD would require a [EASA] AD requires a one-time inspection through their normal course of business one-time inspection and, depending on and, depending on findings, replacement of or by the means identified in the the findings, replacement of the affected affected parts. This [EASA] AD also prohibits ADDRESSES section. parts with parts eligible for installation. installation of affected parts on an engine. FAA’s Determination Costs of Compliance You may obtain further information by examining the MCAI in the AD This product has been approved by We estimate that this proposed AD docket on the internet at http:// EASA, and is approved for operation in affects 150 engines installed on www.regulations.gov by searching for the United States. Pursuant to our airplanes of U.S. registry. and locating Docket No. FAA–2018– bilateral agreement with the European We estimate the following costs to 0916. Community, EASA has notified us of comply with this proposed AD:

ESTIMATED COSTS

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

Inspect the push-rod rocker arm ball sockets 1 work-hour × $85 per hour = $85 ...... $0 $85 $12,750

We estimate the following costs to do proposed inspection. We estimate that any necessary replacements that would 50 engines will need this replacement. be required based on the results of the

ON-CONDITION COSTS

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

Replace the valve push-rod assembly and 0.5 work-hours × $85 per hour = $42.50 ...... $3,000 $3,042.50 $152,125 rocker arm ball sockets.

Authority for This Rulemaking This AD is issued in accordance with responsibilities among the various authority delegated by the Executive levels of government. Title 49 of the United States Code Director, Aircraft Certification Service, specifies the FAA’s authority to issue For the reasons discussed above, I as authorized by FAA Order 8000.51C. rules on aviation safety. Subtitle I, certify this proposed regulation: In accordance with that order, issuance section 106, describes the authority of of ADs is normally a function of the (1) Is not a ‘‘significant regulatory the FAA Administrator. Subtitle VII: action’’ under Executive Order 12866, Aviation Programs, describes in more Compliance and Airworthiness (2) Is not a ‘‘significant rule’’ under detail the scope of the Agency’s Division, but during this transition the DOT Regulatory Policies and authority. period, the Executive Director has delegated the authority to issue ADs Procedures (44 FR 11034, February 26, We are issuing this rulemaking under applicable to engines, propellers, and 1979), the authority described in Subtitle VII, associated appliances to the Manager, Part A, Subpart III, Section 44701: (3) Will not affect intrastate aviation Engine and Propeller Standards Branch, ‘‘General requirements.’’ Under that in Alaska, and Policy and Innovation Division. section, Congress charges the FAA with (4) Will not have a significant promoting safe flight of civil aircraft in Regulatory Findings economic impact, positive or negative, air commerce by prescribing regulations on a substantial number of small entities for practices, methods, and procedures We determined that this proposed AD under the criteria of the Regulatory the Administrator finds necessary for would not have federalism implications Flexibility Act. safety in air commerce. This regulation under Executive Order 13132. This is within the scope of that authority proposed AD would not have a List of Subjects in 14 CFR Part 39 because it addresses an unsafe condition substantial direct effect on the States, on Air transportation, Aircraft, Aviation that is likely to exist or develop on the relationship between the national products identified in this rulemaking Government and the States, or on the safety, Incorporation by reference, action. distribution of power and Safety.

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The Proposed Amendment (f) Compliance phone: +43 7246 601 0; fax: +43 7246 601 Comply with this AD within the 9130; email: [email protected]; Accordingly, under the authority compliance times specified, unless already internet: www.flyrotax.com. You may view delegated to me by the Administrator, done. this referenced service information at the the FAA proposes to amend 14 CFR part FAA, Engine & Propeller Standards Branch, 39 as follows: (g) Required Actions 1200 District Avenue, Burlington, MA 01803. (1) Visually inspect the push-rod ball For information on the availability of this PART 39—AIRWORTHINESS sockets of each valve push-rod assembly in material at the FAA, call 781–238–7759. DIRECTIVES accordance with paragraph 3.1.2. of BRP- Issued in Burlington, Massachusetts, on Rotax Service Bulletin (SB) SB–912 i–008 R1/ October 30, 2018. SB–912–070 R1/SB–914–052 R1 (single ■ 1. The authority citation for part 39 document), Revision 1, dated October 12, Robert J. Ganley, continues to read as follows: 2017, and within the following compliance Manager, Engine and Propeller Standards Branch, Aircraft Certification Service. Authority: 49 U.S.C. 106(g), 40113, 44701. times. (i) For engines with 160 engine flight hours [FR Doc. 2018–24044 Filed 11–5–18; 8:45 am] § 39.13 [Amended] (FHs) or fewer since new, inspect before BILLING CODE 4910–13–P exceeding 170 FHs since new, or within three ■ 2. The FAA amends § 39.13 by adding months after the effective date of this AD, the following new airworthiness whichever occurs first. directive (AD): (ii) For engines with greater than 160 NATIONAL FOUNDATION ON THE engine FHs since new, inspect within 10 ARTS AND THE HUMANITIES BRP-Rotax GmbH & Co KG (formerly BRP- FHs, or three months after the effective date Powertrain GmbH & Co KG; of this AD, whichever occurs first. National Endowment for the Arts Bombardier-Rotax GmbH & Co KG; (2) If the inspection required by paragraph Bombardier-Rotax GmbH): Docket No. (g)(1) of this AD finds a black surface color 45 CFR Part 1148 FAA–2018–0916; Product Identifier on a valve push-rod assembly, part number 2018–NE–33–AD. (P/N) 854861, then before further flight, RIN 3135–AA27 (a) Comments Due Date remove the valve push-rod assembly and the left and right rocker arm ball sockets, P/Ns Implementing the Freedom of We must receive comments by December 854383 and 854393, from service, and Information Act 21, 2018. replace with parts eligible for installation. AGENCY: National Endowment for the (b) Affected ADs (h) Installation Prohibition None. Arts, National Foundation on the Arts After the effective date of this AD, do not and the Humanities. (c) Applicability install a valve push-rod assembly, P/N 854861, that was manufactured between June ACTION: Proposed rule; extension of This AD applies to: 8, 2016, and October 2, 2017, on any engine, comment period. (1) BRP-Rotax GmbH & Co KG (Rotax) 912 or that exhibits a black surface color on the F2, 912 F3, and 912 F4 engines, with serial push-rod rocker arm ball sockets. SUMMARY: On June 9, 2017, the NEA number (S/N) 4 413 066 to 4 413 067, proposed a rule titled Implementing the inclusive; and S/N 4 413 101 to 4 413 111, (i) Alternative Methods of Compliance Freedom of Information Act. This rule inclusive; (AMOCs) proposes amending the National (2) Rotax 912 S2, 912 S3, and 912 S4 (1) The Manager, ECO Branch, FAA, has Endowment for the Arts’ (NEA) engines, with S/Ns 9 563 826 to 9 563 849, the authority to approve AMOCs for this AD, inclusive; S/Ns 9 564 301 to 9 564 508, regulations implementing the Freedom if requested using the procedures found in 14 of Information Act (FOIA). The new inclusive; and S/N 9 564 510 to 9 564 534, CFR 39.19. In accordance with 14 CFR 39.19, inclusive; send your request to your principal inspector proposed rule reflects statutory changes (3) Rotax 914 F2, 914 F3, and 914 F4 or local Flight Standards District Office, as to FOIA, current NEA organizational engines, with S/Ns 4 421 581 to 4 421 597, appropriate. If sending information directly structure, and current NEA policies and inclusive; and S/N 4 421 701 to 4 421 833, to the manager of the ECO Branch, send it to practices with respect to FOIA. Finally, inclusive; and the attention of the person identified in the proposed rule uses current cost (4) Rotax 912 F2, 912 F3, 912 F4, 912 S2, paragraph (j)(1) of this AD. You may email figures in calculating and charging fees. 912 S3, 912 S4, 914 F2, 914 F3, and 914 F4 your request to: [email protected]. Due to delays in publishing the final engines (all S/Ns) on which a valve push-rod (2) Before using any approved AMOC, rule, the agency is re-opening the assembly has been replaced between June 8, notify your appropriate principal inspector, comment period on these rules for an 2016 and the effective date of this AD. or lacking a principal inspector, the manager of the local flight standards district office/ additional 30 days. (d) Subject Condition certificate holding district office. DATES: Written comments must be Joint Aircraft System Component (JASC) received on or before December 6, 2018. Code 8530, Reciprocating Engine Cylinder (j) Related Information ADDRESSES: You may submit comments, Section. (1) For more information about this AD, contact Wego Wang, Aerospace Engineer, identified by RIN 3135–AA27, by any of (e) Unsafe Condition ECO Branch, FAA, 1200 District Avenue, the following methods: This AD was prompted by power loss and Burlington, MA 01803; phone: 781–238– (a) Federal eRulemaking Portal: engine revolutions per minute drop on Rotax 7134; fax: 781–238–7199; email: wego.wang@ https://www.regulations.gov. Follow the 912 and 914 model engines due to a quality faa.gov. instructions for submitting comments. control deficiency in the manufacturing (2) Refer to European Aviation Safety (b) Email: [email protected]. process of certain valve push-rod assemblies Agency AD 2017–0208, dated October 13, Include RIN 3135–AA27 in the subject resulting in partial wear on the rocker arm 2017, for more information. You may line of the message. ball socket and possible malfunction of the examine the EASA AD in the AD docket on (c) Mail: National Endowment for the valve. We are issuing this AD to prevent the internet at http://www.regulations.gov by failure of the valve push-rod assembly and searching for and locating it in Docket No. Arts, Office of the General Counsel, 400 the left and right rocker arms. The unsafe FAA–2018–0916. 7th Street SW, Second Floor, condition, if not addressed, could result in (3) For service information identified in Washington, DC 20506. loss of engine thrust control and reduced this AD, contact BRP-Rotax GmbH & Co KG, (d) Hand Delivery/Courier: National control of the airplane. Rotaxstrasse 1, A–4623 Gunskirchen, Austria; Endowment for the Arts, Office of the

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General Counsel, 400 7th Street SW, otherwise contemplated in the FOIA which proscribe aggregating unrelated Second Floor, Washington, DC 20506. statute. matters. Accordingly, there is no Instructions: All submissions received Discussion: The NEA declines to concern which would be addressed by must include the agency name and revise this section. The sentence a change responsive to this comment. docket number or Regulatory referenced in this subsection reads as Changes: None Information Number (3135–AA27) for follows: ‘‘For example, under paragraph § 1148.8 Appeal Deadline Clarification this rulemaking. (e)(1)(ii) of this section, a requester who Docket: For access to the docket to is not a full-time member of the news Comment: The commenter notes that read background documents or media must establish that the requester subsections (a) and (f) of this section comments received, go to 400 7th Street, is a person whose primary professional contain discrepancies in language SW, Washington, DC. activity or occupation is information surrounding appeals deadlines which FOR FURTHER INFORMATION CONTACT: dissemination, though it need not be the may conflict with the FOIA statute. Sarah Weingast, Assistant General requester’s sole occupation.’’ This Namely, subsection (a) makes reference Counsel, National Endowment for the language is exemplary, and included for to a timely appeal occurring ‘‘within 90 Arts, 400 7th St. SW, Washington, DC purposes of guidance and clarity. It does calendar days after the date of 20506, Telephone: 202–682–5418. not, in and of itself, create any new response,’’ subsection (f) makes SUPPLEMENTARY INFORMATION: requirement for an entity to qualify for reference to a deadline that is 90 days expedited processing beyond that which ‘‘after receiving the NEA’s adverse 1. Background is already imposed by the FOIA statute determination.’’ (emphasis added On June 9, 2017 the NEA published or these regulations. Rather, this section throughout) a notice of proposed rulemaking reflects that the NEA has made the Discussion: The discrepancy noted by (NPRM) for certain amendments to its determination that to prove a the commenter is well taken, and the FOIA Regulations (82 FR 26763). In the ‘‘compelling need’’ per 5 U.S.C. NEA will adjust § 1148.8(a) and (f) to preamble of the NPRM, the NEA 552(a)(6)(E), an individual who is not a clarify that the requester has 90 calendar discussed on pages 26763 and 26764 the full time member of the news media days from the date of the NEA’s adverse major changes proposed in that must provide certain kinds of determination. document to the FOIA regulations. information in order to meet the Changes: § 1148.8(a) is amended to These included the following: requirements of § 552(a)(6)(E)(vi). make reference to an adverse • The addition of NEA-specific FOIA Accordingly, the NEA declines to determination rather than receiving a regulations at 45 CFR part 1148. change the proposed regulation. response. § 1148.8(f) is amended to • The requirements of the FOIA Changes: None. remove reference to ‘‘receipt’’ as a factor Improvement Act of 2016 (Pub. L. 114– § 1148.6 (f) Denial Letter Requirements in assessing the duration of the 90 185) calendar day period during which a The NEA has not yet issued its final Comment: One commenter identified requester can appeal an adverse FOIA regulation. Due to the delay in two elements of the denial letter that determination, respectively. issuing the final regulation, the NEA has were required by regulation: the FOIA Case Number and 90 day appeal Technical Corrections and Other decided to reopen comments on its draft Updates for an additional 30 days to ensure deadline. public input on the proposed rule. The Discussion: Because the NEA already Upon review, the agency has regulations proposed herein contain regularly informs FOIA requesters of the undertaken to provide a number of changes from the initial NPRM, some 90 day appeal deadline in its denial minor clarifications and corrections responsive to the single commenter that letters, we can accept this suggested which appear throughout this initially commented on our regulations change. document. For example, the agency has Changes: § 1148.6(f)(4), which spells and some other minor technical clarified which deadlines are based on out the requirements of the denial letter, clarifications and corrections. calendar days and which deadlines are has been changed to include mention of Public Comment: In response to our based on working days. In addition, the the 90 day deadline. invitation in the NPRM, one (1) party examples to § 1148.10(b)(4) are modified submitted comments on the proposed § 1148.10(h) Aggregation Clarification slightly to apply to factual situations applicable to the NEA, rather than being regulations. We discuss the issues raised Comment: The commenter notes that applicable to other agencies. under the section item to which they the proposed regulation permits the pertain. Generally, we do not address NEA to presume that multiple requests 2. Compliance technical and other minor changes. In of a certain type made in a 30 day Regulatory Planning and Review addition, we do not address comments period are being made to avoid fees. The (Executive Order 12866) that raise concerns not directly related commenter asserts that other to the proposed regulations. unspecified agencies aggregate requests Executive Order 12866 (E.O. 12866) General Comments in a short timespan, even if they are established a process for review of rules otherwise not permitted to do so by the Office of Information and § 1148.5 (e)(3) Expedited Processing and because the matters are unrelated. Regulatory Affairs, which is within the Professional Status Discussion: The NEA declines to Office of Management and Budget Comment: One commenter addressed revise this section. This section permits (OMB). Only ‘‘significant’’ proposed and a potential discrepancy between the agency to aggregate requests when it final rules are subject to review under § 1148.5 (e)(3) and the FOIA statute, reasonably believes that ‘‘a requester or this Executive Order. ‘‘Significant,’’ as suggesting that we clarify the language a group of requesters acting in concert used in E.O. 12866, means in that section by removing the word is attempting to divide a single request ‘‘economically significant.’’ It refers to ‘‘professional’’ because the FOIA statute into a series of requests for the purpose rules with (1) an impact on the economy does not specifically include this of avoiding fees.’’ As the commenter of $100 million; or that (2) were requirement. The commenter asserts brings to our attention, other provisions inconsistent or interfered with an action that this adds a requirement not of the FOIA and these regulations exist taken or planned by another agency; (3)

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materially altered the budgetary impact Regulatory Flexibility Act of 1980 (5 PART 1148—PROCEDURES FOR of entitlements, grants, user fees, or loan U.S.C. 605(b)) DISCLOSURE OF RECORDS UNDER programs; or (4) raised novel legal or THE FREEDOM OF INFORMATION ACT policy issues. This proposed rulemaking will not (FOIA) have a significant adverse impact on a This proposed rule would not be a substantial number of small entities, Sec. significant policy change and OMB has including small businesses, small 1148.1 What is the purpose and scope of not reviewed this proposed rule under governmental jurisdictions, or certain these regulations? E.O. 12866. We have made the small not-for-profit organizations. 1148.2 How will the NEA make proactive assessments required by E.O. 12866 and disclosures? determined that this proposed Unfunded Mandates Act of 1995 1148.3 How can I make a FOIA request? (Section 202, Pub. L. 104–4) 1148.4 How will the NEA respond to my rulemaking: (1) Will not have an effect request? of $100 million or more on the This proposed rule does not contain 1148.5 When will the NEA respond to my economy; (2) will not adversely affect in request? a Federal mandate that will result in the a material way the economy, 1148.6 How will I receive responses to my expenditure by State, local, and tribal productivity, competition, jobs, the requests? governments, in the aggregate, or by the environment, public health or safety, or 1148.7 How does the NEA handle private sector of $100 million or more confidential commercial information? State, local, or Tribal governments or in any one year. 1148.8 How can I appeal a denial of my communities; (3) will not create a request? serious inconsistency or otherwise Small Business Regulatory Enforcement 1148.9 What are the NEA’s policies interfere with an action taken or Fairness Act of 1996 (Sec. 804, Pub. L. regarding preservation of records? planned by another agency; (4) does not 104–121) 1148.10 How will fees be charged? alter the budgetary effects of 1148.11 What other rules apply to NEA entitlements, grants, user fees, or loan This proposed rule would not be a FOIA requests? programs or the rights or obligations of major rule as defined in section 804 of Authority: 5 U.S.C. 552; 28 U.S.C. 1746; their recipients; and (5) does not raise the Small Business Regulatory 31 U.S.C. 3717; E.O. 12600, 52 FR 23781, 3 novel legal or policy issues. Enforcement Fairness Act of 1996. This CFR, 1987 Comp. proposed rule will not result in an Federalism (Executive Order 13132) § 1148.1 What is the purpose and scope of annual effect on the economy of these regulations? $100,000,000 or more, a major increase This proposed rulemaking does not This part contains the rules that the in costs or prices, significant adverse have Federalism implications, as set NEA follows in processing requests for effects on competition, employment, forth in E.O. 13132. As used in this records under the Freedom of investment, productivity, innovation, or order, Federalism implications mean Information Act (FOIA), 5 U.S.C. 552. on the ability of United States-based ‘‘substantial direct effects on the States, These rules should be read in companies to compete with foreign on the relationship between the national conjunction with the text of the FOIA based companies in domestic and government and the States, or on the and the Uniform Freedom of export markets. distribution of power and Information Fee Schedule and responsibilities among the various Executive Order 13771 Guidelines published by the Office of levels of government.’’ The NEA has Management and Budget (OMB determined that this proposed Executive Order 13771 § 5 requires Guidelines). Requests made by rulemaking will not have Federalism that agencies, in most circumstances, individuals for records about implications within the meaning of E.O. remove or rescind two regulations for themselves under the Privacy Act of 13132. every regulation promulgated unless 1974, 5 U.S.C. 552a, are processed in they request and are specifically accordance with the NEA’s Privacy Act Civil Justice Reform (Executive Order exempted from that order’s regulations as well as under this part. 12988) requirements by the Director of the § 1148.2 How will the NEA make proactive Office of Management and Budget. This Directive meets the applicable disclosures? standards set forth in section 3(a) and This proposed rule is not subject to Records that the NEA makes available 3(b)(2) of E.O. 12988. Specifically, this the requirements of Executive Order for public inspection in an electronic proposed rule is written in clear 13771 because this proposed rule is not format may be accessed through the language designed to help reduce significant under Executive Order NEA’s open government page, available litigation. 12866. Furthermore, the NEA has at https://www.arts.gov/open. The NEA requested and has received an will determine which of its records Indian Tribal Governments (Executive exemption from the requirement that should be made publicly available, Order 13175) the agency rescind two regulations for identify additional records of interest to every regulation it promulgate from the Under the criteria in E.O. 13175, we the public that are appropriate for Director of the Office of Management have evaluated this proposed rule and public disclosure, and post and index and Budget. determined that it would have no such records. The NEA will ensure that potential effects on Federally recognized List of Subjects in 45 CFR Part 1148 its website of posted records and indices Indian Tribes. is reviewed and updated on an ongoing Administrative practice and basis. Takings (Executive Order 12630) procedure, Archives and records, § 1148.3 How can I make a FOIA request? Freedom of information. Under the criteria in E.O. 12630, this (a) General information. To make a proposed rulemaking does not have For the reasons stated in the request for records, a requester should significant takings implications. preamble, the NEA proposes to amend write directly to the NEA at National Therefore, a takings implication 45 CFR chapter XI, subchapter B, by Endowment for the Arts, Office of assessment is not required. adding part 1148 to read as follows: General Counsel, 400 7th St. SW,

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Second Floor, Washington, DC 20506. (d) Format Specifications. Requests requester of the name(s) of the agency to Requests may also be sent by facsimile may specify the preferred form or format which the record was referred, to the General Counsel’s office at (202) (including electronic formats) for the including that agency’s FOIA contact 682–5572, or by email to [email protected]. records you seek. The NEA will information. (b) Identity requirements. Depending accommodate your request if the record (d) Timing of responses to on the type of document you ask for, the is readily reproducible in that form or consultations and referrals. The NEA NEA may require verification of your format. will consider a FOIA request to be a identity or the identity of a third party. (e) Contact Information Requirements. perfected FOIA request if it complies (1) A requester who is making a Requesters must provide contact with this section. All consultations and request for records about himself or information, such as their phone referrals received by the NEA will be herself must comply with the NEA’s number, email address, and/or mailing handled in the order of the date that the verification requirements as set forth in address, to assist the NEA in first agency received the perfected FOIA § 1159.9 of this chapter. communicating with them and request. (2) Where a request for records providing released records. (e) Agreements regarding consultations and referrals. The NEA pertains to another individual, a § 1148.4 How will the NEA respond to my requester may receive greater access by may establish agreements with other request? agencies to eliminate the need for submitting either a notarized (a) In general. In determining which authorization signed by that individual consultations or referrals with respect to records are responsive to a request, the particular types of records. or a declaration made in compliance NEA ordinarily will include only with the requirements set forth in 28 records in its possession as of the date § 1148.5 When will the NEA respond to my U.S.C. 1746 by that individual that it begins its search. If any other date request? authorizing disclosure of the records to is used, the NEA will inform the (a) In general. The NEA ordinarily the requester, or by submitting proof requester of that date. A record that is will respond to requests according to that the individual is deceased (e.g., a excluded from the requirements of the their order of receipt. copy of a death certificate or an FOIA pursuant to 5 U.S.C. 552(c), is not (b) Multitrack processing. The NEA obituary). As an exercise of considered responsive to a request. will designate a specific track for administrative discretion, the NEA may (b) Authority to grant or deny requests that are granted expedited require a requester to supply additional requests. The NEA Chairperson or his/ processing, in accordance with the information if necessary in order to her designee is authorized to grant or to standards set forth in paragraph (e) of verify that a particular individual has deny any requests for records that are this section. The NEA may also consented to disclosure. maintained by the NEA. designate additional processing tracks (c) Description of records sought. (c) Consultation and referral. When that distinguish between simple and Requesters must describe the records reviewing records located by the NEA in more complex requests based on the sought in sufficient detail to enable NEA response to a request, the NEA will estimated amount of work or time personnel to locate them with a determine whether another agency of needed to process the request. Among reasonable amount of effort. To the the Federal Government is better able to the factors the NEA may consider are extent possible, requesters should determine whether the record is exempt the number of records requested, the include specific information that may from disclosure under the FOIA. As to number of pages involved in processing help the NEA identify the requested any such record, the NEA will proceed the request and the need for records, such as the date, title or name, in one of the following ways: consultations or referrals. The NEA will author, recipient, subject matter of the (1) Consultation. When records advise requesters of the track into which record, case number, file designation, or originated with the NEA, but contain their request falls and, when reference number. Before submitting within them information of interest to appropriate, will offer the requesters an their requests, requesters may contact another agency or other Federal opportunity to narrow or modify their the NEA’s designated FOIA contact or Government office, the NEA will request so that it can be placed in a FOIA Public Liaison to discuss the typically consult with that other entity different processing track. records they seek and to receive prior to making a release determination. (c) Unusual circumstances. Whenever assistance in describing the records. (2) Referral. (i) When the NEA the NEA cannot meet the statutory time Contact information for the NEA’s believes that a different agency is best limit for processing a request because of designated FOIA contact and FOIA able to determine whether to disclose ‘‘unusual circumstances,’’ as defined in Public Liaison is available on the NEA’s the record, the NEA typically should the FOIA, and the NEA extends the time FOIA website (https://www.arts.gov/ refer the responsibility for responding to limit on that basis, the NEA will, before freedom-information-act-guide), or can the request regarding that record to that expiration of the 20 business day period be obtained by calling (202) 682–5514. agency. Ordinarily, the agency that to respond, notify the requester in If after receiving a request, the NEA originated the record is presumed to be writing of the unusual circumstances determines that it does not reasonably the best agency to make the disclosure involved and of the date by which the describe the records sought, the NEA determination. However, if the NEA and NEA estimates processing of the request will inform the requester what the originating agency jointly agree that will be completed. Where the extension additional information is needed or why the NEA is in the best position to exceeds 10 working days, the NEA will, the request is otherwise insufficient. respond regarding the record, then the as described by the FOIA, provide the Requesters who are attempting to record may be handled as a requester with an opportunity to modify reformulate or modify such a request consultation. the request or arrange an alternative may discuss their request with the (ii) Whenever the NEA refers any part time period for processing the original NEA’s designated FOIA contact or FOIA of the responsibility for responding to a or modified request. The NEA will make Public Liaison. If a request does not request to another agency, it will available its designated FOIA contact or reasonably describe the records sought, document the referral, maintain a copy FOIA Public Liaison for this purpose. the NEA’s response to the request may of the record that it refers, and notify the The NEA will also alert requesters to the be delayed. requester of the referral, informing the availability of the Office of Government

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Information Services (OGIS) to provide of a request for expedited processing of (f) Content of denial. The denial will dispute resolution services. its decision whether to grant or deny be signed by the NEA’s General Counsel (d) Aggregating requests. To satisfy expedited processing. If expedited or designee and will include: unusual circumstances under the FOIA, processing is granted, the request must (1) The name and title or position of the NEA may aggregate requests in cases be given priority, placed in the the person responsible for the denial; where it reasonably appears that processing track for expedited requests, (2) A brief statement of the reasons for multiple requests, submitted either by a and must be processed as soon as the denial, including any FOIA requester or by a group of requesters practicable. If a request for expedited exemption applied by the NEA in acting in concert, constitute a single processing is denied, the NEA will act denying the request; request that would otherwise involve on any appeal of that decision (3) An estimate of the volume of any unusual circumstances. The NEA will expeditiously. records or information withheld, such not aggregate multiple requests that as the number of pages or some other involve unrelated matters. § 1148.6 How will I receive responses to reasonable form of estimation, although my requests? (e) Expedited processing. Consistent such an estimate is not required if the with 5 U.S.C. 552 (a)(6)(E)(i), the NEA (a) In general. The NEA, to the extent volume is otherwise indicated by may grant expedited processing under practicable, will communicate with deletions marked on records that are certain circumstances: requesters having access to the internet disclosed in part or if providing an (1) The NEA will process requests and electronically, such as email or web estimate would harm an interest appeals on an expedited basis whenever portal. protected by an applicable exemption; it is determined that they involve: (b) Acknowledgments of requests. The (4) A statement that: (i) Circumstances in which the lack of NEA will acknowledge the request in (i) The denial may be appealed under expedited processing could reasonably writing and assign it an individualized § 1148.8(a), be expected to pose an imminent threat tracking number if it will take longer (ii) That the requester has 90 days to to the life or physical safety of an than 10 working days to process. The file an appeal in order for it to be individual; or NEA will include in the considered timely, and that the NEA (ii) An urgency to inform the public acknowledgment a brief description of will not process or consider appeals that about an actual or alleged Federal the records sought to allow requesters to were not filed within 90 days of the Government activity, if made by a more easily keep track of their requests. receipt of an adverse determination; person who is primarily engaged in (c) Estimated dates of completion and (iii) A description of the appeal disseminating information. interim responses. Upon request, the requirements; and (2) A request for expedited processing NEA will provide an estimated date by (5) A statement notifying the requester may be made at any time. Requests which the NEA expects to provide a of the assistance available from the based on paragraphs (e)(1)(i) and (ii) of response to the requester. If a request NEA’s FOIA Public Liaison and the this section must be submitted to the involves a voluminous amount of dispute resolution services offered by NEA Office of General Counsel. When material, or searches in multiple OGIS. making a request for expedited locations, the NEA may provide interim (g) Use of record exclusions. In the processing of an administrative appeal, responses, releasing the records on a event that the NEA identifies records the request should be submitted to the rolling basis. that may be subject to exclusion from NEA’s FOIA Appeals Office per (d) Grants of requests. Once the NEA the requirements of the FOIA pursuant § 1148.8(a). determines it will grant a request in full to 5 U.S.C. 552(c), the NEA will confer (3) A requester who seeks expedited or in part, it will notify the requester in with Department of Justice, Office of processing must submit a statement, writing. The NEA will also inform the Information Policy, to obtain approval certified to be true and correct, requester of any fees charged under to apply the exclusion. The NEA, when explaining in detail the basis for making § 1148.10 and will disclose the invoking an exclusion will maintain an the request for expedited processing. requested records to the requester administrative record of the process of For example, under paragraph (e)(1)(ii) promptly upon payment of any invocation and approval of the of this section, a requester who is not a applicable fees. The NEA will inform exclusion by OIP. full-time member of the news media the requester of the availability of its must establish that the requester is a FOIA Public Liaison to offer assistance. § 1148.7 How does the NEA handle person whose primary professional (e) Adverse determinations of confidential commercial information? activity or occupation is information requests. If the NEA makes an adverse The following definitions apply to dissemination, though it need not be the determination denying a request in any this section. requester’s sole occupation. Such a respect, it will notify the requester of (a) (1) Confidential commercial requester also must establish a that determination in writing. Adverse information means commercial or particular urgency to inform the public determinations, or denials of requests, financial information obtained by the about the government activity involved include decisions that: the requested NEA from a submitter that may be in the request—one that extends beyond record is exempt, in whole or in part; protected from disclosure under the public’s right to know about the request does not reasonably describe Exemption 4 of the FOIA, 5 U.S.C. government activity generally. The the records sought; the information 552(b)(4). existence of numerous articles requested is not a record subject to the (2) Submitter means any person or published on a given subject can be FOIA; the requested record does not entity, including a corporation, State, or helpful in establishing the requirement exist, cannot be located, or has been foreign government, but not including that there be an ‘‘urgency to inform’’ the destroyed; or the requested record is not another Federal Government entity, that public on the topic. As a matter of readily reproducible in the form or provides confidential commercial administrative discretion, the NEA may format sought by the requester. Adverse information, either directly or indirectly waive the formal certification determinations also include denials to the Federal Government. requirement. involving fees or fee waiver matters or (b) Designation of confidential (4) The NEA will notify the requester denials of requests for expedited commercial information. A submitter of within 10 calendar days of the receipt processing. confidential commercial information

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must use good faith efforts to designate within a reasonable number of days § 1148.8 How can I appeal a denial of my by appropriate markings, at the time of prior to a specified disclosure date. request? submission, any portion of its (e) Opportunity to object to disclosure. (a) Requirements for making an submission that it considers to be A submitter will have the opportunity to appeal. A requester may appeal any protected from disclosure under object to disclosure of information adverse determinations to the NEA’s Exemption 4. These designations expire under FOIA. office designated to receive FOIA 10 years after the date of the submission (1) The NEA will specify a reasonable appeals (‘‘FOIA Appeals Office’’). unless the submitter requests and time period within which the submitter Examples of adverse determinations are provides justification for a longer must respond to the notice referenced in provided in § 1148.6(e). Requesters can designation period. paragraph (c) of this section. submit appeals by mail by writing to (c) When notice to submitters is NEA Chairman, c/o Office of General required. The following rules and (2) If a submitter has any objections to Counsel, National Endowment for the procedures determine when the NEA disclosure, it must provide the NEA a Arts, 400 7th Street SW, Washington, will provide written notice to submitters detailed written statement that specifies DC 20506, or online in accordance with of confidential commercial information all grounds for withholding the instructions on the NEA’s website that their information may be disclosed particular information under any (https://www.arts.gov/freedom- under FOIA. exemption of the FOIA. In order to rely information-act-guide). The requester (1) The NEA will promptly provide on Exemption 4 as basis for must make the appeal in writing and to written notice to the submitter of nondisclosure, the submitter must be considered timely it must be confidential commercial information explain why the information constitutes postmarked, or in the case of electronic whenever records containing such a trade secret or commercial or financial submissions, transmitted, within 90 information are requested under the information that is confidential. calendar days after the date of the FOIA if the NEA determines that it may (3) A submitter who fails to respond adverse determination. The appeal be required to disclose the records, within the time period specified in should clearly identify the NEA’s provided: paragraph (e)(1) of this section will be determination that is being appealed (i) The requested information has considered to have no objection to and the assigned request number. To been designated in good faith by the disclosure of the information. The NEA facilitate handling, the requester should submitter as information considered is not required to consider any mark both the appeal letter and protected from disclosure under information received after the date of envelope, or subject line of the Exemption 4; or any disclosure decision. Any electronic transmission, ‘‘Freedom of (ii) The NEA has a reason to believe information provided by a submitter Information Act Appeal.’’ that the requested information may be under this subpart may itself be subject (b) Adjudication of appeals. (1) The protected from disclosure under to disclosure under the FOIA. NEA Chairperson or his/her designee Exemption 4, but has not yet (f) Analysis of objections. The NEA will act on behalf of the NEA’s Chief determined whether the information is must consider a submitter’s objections FOIA Officer on all appeals under this protected from disclosure. and specific grounds for nondisclosure section. (2) The notice will either describe the in deciding whether to disclose the (2) An appeal ordinarily will not be commercial information requested or requested information. adjudicated if the request becomes a include a copy of the requested records (g) Notice of intent to disclose. matter of FOIA litigation. or portions of records containing the Whenever the NEA decides to disclose (c) Decisions on appeals. The NEA information. In cases involving a information over the objection of a will provide its decision on an appeal voluminous number of submitters, the submitter, the NEA will provide the in writing. A decision that upholds the NEA may post or publish a notice in a submitter written notice, which will NEA’s determination in whole or in part place or manner reasonably likely to include: will contain a statement that identifies inform the submitters of the proposed (1) A statement of the reasons why the reasons for its decision, including disclosure, instead of sending each of the submitter’s disclosure any FOIA exemptions applied. The individual notifications. objections was not sustained; decision will provide the requester with (d) Exceptions to submitter notice (2) A description of the information to notification of the statutory right to file requirements. The notice requirements be disclosed or copies of the records as a lawsuit and will inform the requester of this section do not apply if: the NEA intends to release them; and of the dispute resolution services (1) The NEA determines that the offered by the Office of Government information is exempt under the FOIA, (3) A specified disclosure date, which Information Services (OGIS) of the and therefore will not be disclosed; will be a reasonable time after the National Archives and Records (2) The information has been lawfully notice. Administration as a non-exclusive published or has been officially made (h) Notice of FOIA lawsuit. Whenever alternative to litigation. If the NEA’s available to the public; a requester files a lawsuit seeking to decision is remanded or modified on (3) Disclosure of the information is compel the disclosure of confidential appeal, the NEA will notify the required by a statute other than the commercial information, the NEA will requester of that determination in FOIA or by a regulation issued in promptly notify the submitter. writing. The NEA will then further accordance with the requirements of (i) Requester notification. The NEA process the request in accordance with Executive Order 12,600 of June 23, will notify the requester whenever it that appeal determination and will 1987; or provides the submitter with notice and respond directly to the requester. (4) The designation made by the an opportunity to object to disclosure; (d) Engaging in dispute resolution submitter under paragraph (b) of this whenever it notifies the submitter of its services provided by OGIS. Dispute section appears obviously frivolous. In intent to disclose the requested resolution is a voluntary process. If the such case, the NEA will give the information; and whenever a submitter NEA agrees to participate in the dispute submitter written notice of any final files a lawsuit to prevent the disclosure resolution services provided by OGIS, it decision to disclose the information of the information. will actively engage as a partner to the

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process in an attempt to resolve the use or a purpose that furthers a (5) Noncommercial scientific dispute. commercial, trade, or profit interest, institution is an institution that is not (e) When appeal is required. Before which can include furthering those operated on a ‘‘commercial’’ basis, as seeking review by a court of the NEA’s interests through litigation. The NEA’s defined in paragraph (b)(1) of this adverse determination, a requester decision to place a requester in the section and that is operated solely for generally must first submit a timely commercial use category will be made the purpose of conducting scientific administrative appeal. on a case-by-case basis based on the research the results of which are not (f) Timing of appeal. After receiving requester’s intended use of the intended to promote any particular the NEA’s adverse determination, a information. The NEA will notify product or industry. A requester in this requester has 90 calendar days to file an requesters of their placement in this category must show that the request is appeal in order for it to be considered category. authorized by and is made under the timely. The NEA will not process or (2) Direct costs are those expenses that auspices of a qualifying institution and consider appeals that were not filed the NEA incurs in searching for and that the records are sought to further within 90 calendar days of the date of duplicating (and, in the case of scientific research and are not for a an adverse determination. commercial use requests, reviewing) commercial use. The NEA will advise records in order to respond to a FOIA requesters of their placement in this § 1148.9 What are the NEA’s policies request. For example, direct costs category. regarding preservation of records? include the salary of the employee (6) Representative of the news media The NEA will preserve all performing the work (i.e., the basic rate is any person or entity that gathers correspondence pertaining to the of pay for the employee, plus 16 percent information of potential interest to a requests that it receives under this part, of that rate to cover benefits) and the segment of the public, uses its editorial as well as copies of all requested cost of operating computers and other skills to turn the raw materials into a records, until disposition or destruction electronic equipment, such as distinct work, and distributes that work is authorized pursuant to title 44 of the photocopiers and scanners. Direct costs to an audience. The term ‘‘news’’ means United States Code or the General do not include overhead expenses such information that is about current events Records Schedule 4.2 of the National as the costs of space, and of heating or or that would be of current interest to Archives and Records Administration. lighting a facility. the public. Examples of news media The NEA will not dispose of or destroy (3) Duplication is reproducing a copy entities include television or radio records while they are the subject of a of a record, or of the information stations that broadcast ‘‘news’’ to the pending request, appeal, or lawsuit contained in it, necessary to respond to public at large and publishers of under the FOIA. a FOIA request. Copies can take the periodicals that disseminate ‘‘news’’ form of paper, audiovisual materials, or and make their products available § 1148.10 How will fees be charged? electronic records, among others. through a variety of means to the (a) In general. (1) The NEA will charge (4) Educational institution is any general public, including news for processing requests under the FOIA school that operates a program of organizations that disseminate solely on in accordance with the provisions of scholarly research. A requester in this the internet. A request for records this section and with the OMB fee category must show that the request supporting the news-dissemination Guidelines. For purposes of assessing is made in connection with his or her function of the requester will not be fees, the FOIA establishes three role at the educational institution. The considered to be for a commercial use. categories of requesters: NEA may seek verification from the ‘‘Freelance’’ journalists who (i) Commercial use requesters; requester that the request is in demonstrate a solid basis for expecting (ii) Non-commercial scientific or furtherance of scholarly research and publication through a news media entity educational institutions or news media the NEA will advise requesters of their will be considered as a representative of requesters; and placement in this category. the news media. A publishing contract (ii) All other requesters. Example 1 to § 1148.10(b)(4). A would provide the clearest evidence (2) Different fees are assessed request from a professor of architecture that publication is expected; however, depending on the category. Requesters at a university for records relating to the NEA may also consider a requester’s may seek a fee waiver. The NEA will NEA grants related to architecture, past publication record in making this consider requests for fee waiver in written on letterhead of the Department determination. The NEA will advise accordance with the requirements in of Geology, would be presumed to be requesters of their placement in this paragraph (k) of this section. To resolve from an educational institution. category. any fee issues that arise under this Example 2 to § 1148.10(b)(4). A (7) Review is the examination of a section, the NEA may contact a request from the same professor of record located in response to a request requester for additional information. architecture seeking translation grant in order to determine whether any The NEA will ensure that searches, information from the NEA in portion of it is exempt from disclosure. review, and duplication are conducted furtherance of a murder mystery he is Review time includes processing any in the most efficient and the least writing would not be presumed to be an record for disclosure, such as doing all expensive manner. The NEA ordinarily institutional request, regardless of that is necessary to prepare the record will collect all applicable fees before whether it was written on institutional for disclosure, including the process of sending copies of records to a requester. stationery. redacting the record and marking the Requesters must pay fees by check or Example 3 to § 1148.10(b)(4). A appropriate exemptions. Review costs money order made payable to the student who makes a request in are properly charged even if a record Treasury of the United States, or by furtherance of their coursework or other ultimately is not disclosed. Review time another method as determined by the school-sponsored activities and also includes time spent both obtaining NEA. provides a copy of a course syllabus or and considering any formal objection to (b) Definitions. For purposes of this other reasonable documentation to disclosure made by a confidential section: indicate the research purpose for the commercial information submitter (1) Commercial use request is a request, would qualify as part of this fee under § 1148.7, but it does not include request that asks for information for a category. time spent resolving general legal or

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policy issues regarding the application (2) Duplication. The NEA will charge excused for an additional 10 working of exemptions. duplication fees to all requesters, days. (8) Search is the process of looking for subject to the restrictions of paragraph (4) If the NEA has determined that and retrieving records or information (d) of this section. The NEA will honor unusual circumstances, as defined by responsive to a request. Search time a requester’s preference for receiving a the FOIA, apply and more than 5,000 includes page-by-page or line-by-line record in a particular form or format pages are necessary to respond to the identification of information within where the NEA can readily reproduce it request, the NEA may charge search records and the reasonable efforts in the form or format requested. Where fees, or, in the case of requesters expended to locate and retrieve photocopies are supplied, the NEA will described in paragraph (d)(1) of this information from electronic records. provide one copy per request at the cost section, may charge duplication fees, if (c) Charging fees. In responding to of $.10 per single sided page, and $.20 the following steps are taken: FOIA requests, the NEA will charge the per double sided page. For copies of (i) The NEA provided timely written following fees unless a waiver or records produced on tapes, disks, or notice of unusual circumstances to the reduction of fees has been granted under other media, the NEA will charge the requester in accordance with the FOIA; paragraph (k) of this section. Because direct costs of producing the copy, and the fee amounts provided in paragraphs including operator time. Where paper (ii) The NEA discussed with the (c)(1) through (3) of this section already documents must be scanned in order to requester via written mail, email, or account for the direct costs associated comply with a requester’s preference to telephone (or made not less than three with a given fee type, the NEA will not receive the records in an electronic good-faith attempts to do so) how the add any additional costs to charges format, the requester must also pay the requester could effectively limit the calculated under this section. direct costs associated with scanning scope of the request in accordance with (1) Searches. The following fee those materials. For other forms of 5. U.S.C. 552(a)(6)(B)(ii). If this policies apply to searches: duplication, the NEA will charge the exception is satisfied, the NEA may (i) Requests made by educational direct costs. charge all applicable fees incurred in institutions, noncommercial scientific (3) Review. The NEA will charge the processing of the request. institutions, or representatives of the review fees to requesters who make (5) If a court has determined that commercial use requests. Review fees news media are not subject to search exceptional circumstances exist, as will be assessed in connection with the fees. The NEA will charge search fees defined by the FOIA, a failure to comply initial review of the record, i.e., the for all other requesters, subject to the with the time limits shall be excused for review conducted by the NEA to restrictions of paragraph (d) of this the length of time provided by the court determine whether an exemption section. The NEA may properly charge order. applies to a particular record or portion (6) No search or review fees will be for time spent searching even if the NEA of a record. No charge will be made for charged for a quarter-hour period unless does not locate any responsive records review at the administrative appeal more than half of that period is required or if the NEA determines that the stage of exemptions applied at the for search or review. records are entirely exempt from initial review stage. However, if a (7) Except for requesters seeking disclosure. particular exemption is deemed to no records for a commercial use, the NEA (ii) For manual searches, the fee longer apply, any costs associated with will provide without charge: charged will be the salary rate or rates the NEA’s re-review of the records in (i) The first 100 pages of duplication of the employee or employees order to consider the use of other (or the cost equivalent for other media); conducting the search. For computer exemptions may be assessed as review and searches, the fee charged will be the fees. Review fees will be charged at the (ii) The first two hours of search. actual direct cost of providing the same rates as those charged for a search (8) No fee will be charged when the service, including the salary rate or rates under paragraph (c)(1)(ii) of this section. total fee, after deducting the 100 free of the operator(s) or programmer(s) (d) Restrictions on charging fees. The pages (or its cost equivalent) and the conducting the search. The salary rate is NEA will adhere to the following first two hours of search, is equal to or calculated as the particular employee’s restrictions regarding fees it charges: less than $25. basic pay plus 16.1 percent. The NEA (1) When the NEA determines that a (e) Notice of anticipated fees in excess may charge fees even if the documents requester is an educational institution, of $25.00. The following procedures are determined to be exempt from non-commercial scientific institution, or apply when the NEA anticipates fees to disclosure or cannot be located. representative of the news media, and be in excess of $25.00. (iii) The NEA will charge the direct the records are not sought for (1) When the NEA determines or costs associated with conducting any commercial use, it will not charge estimates that the fees to be assessed in search that requires the creation of a search fees. accordance with this section will exceed new computer program to locate the (2) If the NEA fails to comply with the $25.00, the NEA will notify the requested records. The NEA will notify FOIA’s time limits in which to respond requester of the actual or estimated the requester of the costs associated to a request, it will not charge search amount of the fees, including a with creating such a program, and the fees, or, in the instances of requests breakdown of the fees for search, review requester must agree to pay the from requesters described in paragraph or duplication, unless the requester has associated costs before the costs may be (d)(1) of this section, may not charge indicated a willingness to pay fees as incurred. duplication fees, except as described in high as those anticipated. If only a (iv) For requests that require the paragraphs (d)(3) through (5) of this portion of the fee can be estimated retrieval of records stored by the NEA at section. readily, the NEA will advise the a Federal records center operated by the (3) If the NEA has determined that requester accordingly. If the request is National Archives and Records unusual circumstances as defined by the not for noncommercial use, the notice Administration (NARA), the NEA will FOIA apply and the NEA provided will specify that the requester is entitled charge additional costs in accordance timely written notice to the requester in to the statutory entitlements of 100 with the Transactional Billing Rate accordance with the FOIA, a failure to pages of duplication at no charge and, Schedule established by NARA. comply with the time limit shall be if the requester is charged search fees,

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two hours of search time at no charge, the use of consumer reporting agencies, does not pay the advance payment and will advise the requester whether collection agencies, and offset. within 30 calendar days after the date of those entitlements have been provided. (h) Aggregating requests. When the the NEA’s fee determination, the request (2) If the NEA notifies the requester NEA reasonably believes that a will be closed. that the actual or estimated fees are in requester or a group of requesters acting (j) Other statutes specifically excess of $25.00, the request will not be in concert is attempting to divide a providing for fees. The fee schedule of considered received and further work single request into a series of requests this section does not apply to fees will not be completed until the for the purpose of avoiding fees, the charged under any statute that requester commits in writing to pay the NEA may aggregate those requests and specifically requires the NEA to set and actual or estimated total fee, or charge accordingly. The NEA may collect fees for particular types of designates some amount of fees the presume that multiple requests of this records. In instances where records requester is willing to pay, or in the case type made within a 30 calendar day responsive to a request are subject to a of a noncommercial use requester who period have been made in order to avoid statutorily-based fee schedule program, has not yet been provided with the fees. For requests separated by a longer the NEA will inform the requester of the requester’s statutory entitlements, period, the NEA will aggregate them contact information for that program. designates that the requester seeks only only where there is a reasonable basis (k) Requirements for waiver or that which can be provided by the for determining that aggregation is reduction of fees. The following policies statutory entitlements. The requester warranted in view of all the and procedures apply to fee waivers or must provide the commitment or circumstances involved. Multiple reductions of fees. designation in writing, and must, when requests involving unrelated matters (1) Requesters may seek a waiver of applicable, designate an exact dollar cannot be aggregated. fees by submitting a written application amount the requester is willing to pay. (i) Advance payments. The following demonstrating how disclosure of the The NEA is not required to accept policies and procedures apply to requested information is in the public payments in installments. advanced payments of fees: interest because it is likely to contribute (1) For requests other than those significantly to public understanding of (3) If the requester has indicated a described in paragraph (i)(2) or (3) of the operations or activities of the willingness to pay some designated this section, the NEA will not require government and is not primarily in the amount of fees, but the NEA estimates the requester to make an advance commercial interest of the requester. that the total fee will exceed that payment before work is commenced or (2) The NEA will furnish records amount, the NEA will toll the continued on a request. Payment owed responsive to a request without charge processing of the request when it for work already completed (i.e., or at a reduced rate when it determines, notifies the requester of the estimated payment before copies are sent to a based on all available information, that fees in excess of the amount the requester) is not an advance payment. the factors described in paragraphs requester has indicated a willingness to (2) When the NEA determines or (k)(2)(i) through (iii) of this section are pay. The NEA will inquire whether the estimates that a total fee to be charged satisfied: requester wishes to revise the amount of under this section will exceed $250.00, (i) Disclosure of the requested fees the requester is willing to pay or it may require that the requester make information would shed light on the modify the request. Once the requester an advance payment up to the amount operations or activities of the responds, the time to respond will of the entire anticipated fee before government. The subject of the request resume from where it was at the date of beginning to process the request. The must concern identifiable operations or the notification. NEA may elect to process the request activities of the Federal Government (4) The NEA will make available its prior to collecting fees when it receives with a connection that is direct and FOIA Public Liaison or other designated a satisfactory assurance of full payment clear, not remote or attenuated. FOIA contact to assist any requester in from a requester with a history of (ii) Disclosure of the requested reformulating a request to meet the prompt payment. information is likely to contribute requester’s needs at a lower cost. (3) Where a requester has previously significantly to public understanding of (f) Charges for other services. failed to pay a properly charged FOIA those operations or activities. This Although not required to provide fee to any agency within 30 calendar factor is satisfied when the following special services, if the NEA chooses to days of the billing date, the NEA may criteria are met: do so as a matter of administrative require that the requester pay the full (A) Disclosure of the requested discretion, the direct costs of providing amount due, plus any applicable records must be meaningfully the service will be charged. Examples of interest on that prior request, and the informative about government such services include certifying that NEA may require that the requester operations or activities. The disclosure records are true copies, providing make an advance payment of the full of information that already is in the multiple copies of the same document, amount of any anticipated fee before the public domain, in either the same or a or sending records by means other than NEA begins to process a new request or substantially identical form, would not first class mail. continues to process a pending request be meaningfully informative if nothing (g) Charging interest. The NEA may or any pending appeal. Where the NEA new would be added to the public’s charge interest on any unpaid bill has a reasonable basis to believe that a understanding. starting on the 31st day following the requester has misrepresented the (B) The disclosure must contribute to date of billing the requester. Interest requester’s identity in order to avoid the understanding of a reasonably broad charges will be assessed at the rate paying outstanding fees, it may require audience of persons interested in the provided in 31 U.S.C. 3717 and will that the requester provide proof of subject, as opposed to the individual accrue from the billing date until identity. understanding of the requester. A payment is received by the NEA. The (4) In cases in which the NEA requires requester’s expertise in the subject area NEA will follow the provisions of the advance payment, the request will not as well as the requester’s ability and Debt Collection Act of 1982 (Pub. L. 97– be considered received and further work intention to effectively convey 365, 96 Stat. 1749), as amended, and its will not be completed until the required information to the public must be administrative procedures, including payment is received. If the requester considered. The NEA will presume that

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a representative of the news media will (k)(2)(i) and (ii) of this section are waiver request at a later time so long as satisfy this consideration. satisfied and any commercial interest is the underlying record request is (iii) The disclosure must not be not the primary interest furthered by the pending or on administrative appeal. primarily in the commercial interest of request. The NEA ordinarily will When a requester who has committed to the requester. To determine whether presume that when a news media pay fees subsequently asks for a waiver disclosure of the requested information requester has satisfied the factors in of those fees and that waiver is denied, is primarily in the commercial interest paragraphs (k)(2)(i) and (ii) of this the requester must pay any costs of the requester, the NEA will consider section, the request is not primarily in incurred up to the date the fee waiver the following criteria: the commercial interest of the requester. request was received. (A) The NEA will identify whether Disclosure to data brokers or others who the requester has any commercial merely compile and market government § 1148.11 What other rules apply to NEA interest that would be furthered by the information for direct economic return FOIA requests? requested disclosure. A commercial will not be presumed to primarily serve Nothing in this part shall be interest includes any commercial, trade, the public interest. construed to entitle any person, as of or profit interest. Requesters will be (3) Where only some of the records to right, to any service or to the disclosure given an opportunity to provide be released satisfy the requirements for of any record to which such person is explanatory information regarding this a waiver of fees, a waiver will be not entitled under the FOIA. consideration. granted for those records. (B) If there is an identified (4) Requests for a waiver or reduction Dated: October 23, 2018. commercial interest, the NEA will of fees should be made when the request Gregory Gendron, determine whether that is the primary is first submitted to the NEA and should Director of Administrative Services, National interest furthered by the request. A address the criteria referenced in Endowment for the Arts. waiver or reduction of fees is justified paragraphs (k)(1) through (3) of this [FR Doc. 2018–23481 Filed 11–5–18; 8:45 am] when the requirements of paragraphs section. A requester may submit a fee BILLING CODE 4537–01–P

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Notices Federal Register Vol. 83, No. 215

Tuesday, November 6, 2018

This section of the FEDERAL REGISTER We are soliciting nominations from Advisory Committee on Beginning contains documents other than rules or interested organizations and individuals Farmers and Ranchers (the proposed rules that are applicable to the from among ranching and farming ‘‘Committee’’). This will give interested public. Notices of hearings and investigations, producers (industry), related persons additional time to prepare and committee meetings, agency decisions and government, civil rights, State, and submit applications and nomination rulings, delegations of authority, filing of petitions and applications and agency Tribal agricultural agencies, academic packages which can be downloaded at statements of organization and functions are institutions, commercial banking the corrected link below: https:// examples of documents appearing in this entities, trade associations, and related www.ocio.usda.gov/document/ad-755. section. nonprofit enterprises. An organization DATES: Consideration will be given to may nominate individuals from within nominations received on or before or outside its membership; alternatively, November 15, 2018. DEPARTMENT OF AGRICULTURE an individual may nominate herself or FOR FURTHER INFORMATION CONTACT: Mrs. himself. Nomination packages should Kenya Nicholas, Designated Federal Advisory Committee on Minority include a nomination form along with a Official, USDA OPPE, 1400 Farmers Request for Nominations cover letter or resume that documents the nominee’s background and Independence Avenue SW, Room 520– AGENCY: Office of Partnerships and experience. Nomination forms are A, Washington, DC 20250–0601; Public Engagement, USDA. available on the internet at https:// Telephone (202) 720–6350; Fax (202) 720–7704; Email: kenya.nicholas@ ACTION: Extension of time for submitting www.ocio.usda.gov/document/ad-755 or nominations. may be obtained from Mrs. Kenya osec.usda.gov. Nicholas at the email address or ADDRESSES: Nomination packages may SUMMARY: We are giving notice that U.S. telephone number noted above. be sent by postal mail or commercial Department of Agriculture (USDA) will The Secretary will fill up to 15 delivery to: Mrs. Kenya Nicholas, extend the time to submit nominations vacancies from among those Designated Federal Official, USDA and applications to serve on the organizations and individuals solicited OPPE, 1400 Independence Avenue SW, Advisory Committee on Minority in order to obtain the broadest possible Room 520–A, Washington, DC 20250– Farmers (the ‘‘Committee’’). This will representation on the Committee. Equal 0601. Nomination packages may also be give interested persons additional time opportunity practices, in line with the faxed to (202) 720–7704. to prepare and submit applications and USDA policies, will be followed in all SUPPLEMENTARY INFORMATION: On nomination packages which can be appointments to the Committee. To October 17, 2018, we published in the downloaded at the corrected link below: ensure that the recommendations of the Federal Register (FR DOC# 2018–22146, https://www.ocio.usda.gov/document/ Committee have taken into account the Page 52376) a Notice of Solicitation for ad-755. needs of the diverse groups served by Applications. Applications were DATES: Consideration will be given to the Department, membership should required to be received on or before nominations received on or before include, to the extent practicable, November 1, 2018. We are extending the November 15, 2018. individuals with demonstrated ability to submission period to November 15, represent minorities, women, and ADDRESSES: Nomination packages may 2018. persons with disabilities. be sent by postal mail or commercial We are soliciting nominations from delivery to: Mrs. Kenya Nicholas, Signed in Washington, DC, this 25th day of interested organizations and individuals Designated Federal Official, USDA October 2018. from among ranching and farming OPPE, 1400 Independence Avenue SW, Christian Obineme, producers (industry), related Room 520–A, Washington, DC 20250– Associate Director, Office of Partnerships and government, State, and Tribal 0601. Nomination packages may also be Public Engagement. agricultural agencies, academic faxed to (202) 720–7704. [FR Doc. 2018–24208 Filed 11–5–18; 8:45 am] institutions, commercial banking entities, trade associations, and related FOR FURTHER INFORMATION CONTACT: Mrs. BILLING CODE P nonprofit enterprises. An organization Kenya Nicholas, Designated Federal may nominate individuals from within Official, USDA OPPE, 1400 DEPARTMENT OF AGRICULTURE or outside its membership; alternatively, Independence Avenue SW., Room 520– an individual may nominate herself or A, Washington, DC 20250–0601; Office of Partnerships and Public himself. Nomination packages should Telephone (202) 720–6350; Fax (202) Engagement; Advisory Committee on include a nomination form along with a 720–7704; Email: kenya.nicholas@ Beginning Farmers and Ranchers cover letter or resume that documents osec.usda.gov. Request for Nominations the nominee’s background and SUPPLEMENTARY INFORMATION: On AGENCY: Office of Partnerships and experience. Nomination forms are October 17, 2018, we published in the Public Engagement, USDA. available on the internet at https:// Federal Register (FR DOC# 2018–22149, ACTION: Extension of time for submitting www.ocio.usda.gov/document/ad-755 or Page 52377) a Notice of Solicitation for nominations. may be obtained from Mrs. Kenya Applications. Applications were Nicholas at the email address or required to be received on or before SUMMARY: We are giving notice that U.S. telephone number noted above. November 1, 2018. We are extending the Department of Agriculture (USDA) will The Secretary will fill up to 20 submission period to November 15, extend the time to submit nominations vacancies from among those 2018. and applications to serve on the organizations and individuals solicited

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in order to obtain the broadest possible and recommendations to the Secretary How To File a Complaint of representation on the Committee. Equal on meat and poultry inspection Discrimination opportunity practices, in line with the programs, pursuant to sections 7(c), 24, To file a complaint of discrimination, USDA policies, will be followed in all 301(a)(3), and 301(c) of the Federal Meat complete the USDA Program appointments to the Committee. To Inspection Act, 21 U.S.C. 607(c), 624, Discrimination Complaint Form, which ensure that the recommendations of the 645, 661(a)(3), and 661(c), and to may be accessed online at: http:// Committee have taken into account the sections 5(a)(3), 5(c), 8(b), and 11(e) of www.ocio.usda.gov/sites/default/files/ needs of the diverse groups served by the poultry Products Inspection Act, 21 docs/2012/Complain_combined_6_8_ the Department, membership should U.S.C. 454(a)(3), 454(c), 457(b), and 12.pdf, or write a letter signed by you include, to the extent practicable, 460(e). or your authorized representative. individuals with demonstrated ability to A copy of the current charter and Send your completed complaint form represent minorities, women, and or letter to USDA by mail, fax, or email: persons with disabilities. other information about the committee can be found at http:// Mail: U.S. Department of Agriculture, Signed in Washington, DC, this 25th day of Director, Office of Adjudication, 1400 www.fsis.usda.gov/wps/portal/fsis/ October 2018. Independence Avenue SW, Washington, topics/regulations/advisory-committees/ Christian Obineme, DC 20250–9410. nacmpi. Associate Director, Office of Partnerships and Fax: (202) 690–7442. Public Engagement. Additional Public Notification Email: [email protected]. [FR Doc. 2018–24205 Filed 11–5–18; 8:45 am] Persons with disabilities who require BILLING CODE P Public awareness of all segments of alternative means for communication rulemaking and policy development is (Braille, large print, audiotape, etc.), important. Consequently, FSIS will should contact USDA’s TARGET Center DEPARTMENT OF AGRICULTURE announce this Federal Register at (202) 720–2600 (voice and TDD). publication online through the FSIS Done at Washington, DC. Food Safety and Inspection Service web page located at: http:// Paul Kiecker, [Docket No. FSIS–2018–0047] www.fsis.usda.gov/federal-register. Acting Administrator. FSIS also will make copies of this National Advisory Committee on Meat [FR Doc. 2018–24217 Filed 11–5–18; 8:45 am] publication available through the FSIS and Poultry Inspection; Committee BILLING CODE 3410–DM–P Constituent Update, which is used to Renewal provide information regarding FSIS AGENCY: Food Safety and Inspection policies, procedures, regulations, DEPARTMENT OF AGRICULTURE Service, USDA. Federal Register notices, FSIS public Forest Service ACTION: Notice of the renewal for the meetings, and other types of information U.S. Department of Agriculture National that could affect or would be of interest Information Collection; Equal Advisory Committee on Meat and to our constituents and stakeholders. Opportunity Compliance Review Poultry Inspection. The Constituent Update is available on Record the FSIS web page. Through the web SUMMARY: The U.S. Department of page, FSIS is able to provide AGENCY: Forest Service, USDA. Agriculture (USDA) intends to renew information to a much broader, more ACTION: Notice; request for comment. the National Advisory Committee on diverse audience. In addition, FSIS Meat and Poultry Inspection (NACMPI). offers an email subscription service SUMMARY: In accordance with the The purpose of the Committee is to which provides automatic and Paperwork Reduction Act of 1995, the provide advice to the Secretary of customized access to selected food Forest Service is seeking comments from all interested individuals and Agriculture concerning State and safety news and information. This Federal programs with respect to meat organizations on the information service is available at: http:// and poultry inspection, food safety, and collection, Equal Opportunity www.fsis.usda.gov/subscribe Options other matters that fall within the scope Compliance Review Record. range from recalls to export information, of the Federal Meat Inspection Act DATES: Comments must be received in (FMIA) and the Poultry Products regulations, directives, and notices. Customers can add or delete writing on or before January 7, 2019 to Inspection Act (PPIA). be assured of consideration. Comments subscriptions themselves, and have the FOR FURTHER INFORMATION CONTACT: received after that date will be option to password protect their Valeria Green, Program Manager, Office considered to the extent practicable. accounts. of Policy and Program Development, ADDRESSES: Comments concerning this Food Safety and Inspection Service, USDA Non-discrimination Statement notice should be addressed to Civil U.S. Department of Agriculture, Rights, Mail Stop 1142, USDA, Forest Telephone: (301) 504–0846, Email: No agency, officer, or employee of the Service, 1400 Independence Avenue [email protected]. USDA shall, on the grounds of race, SW, Washington, DC 20250–1142. SUPPLEMENTARY INFORMATION: color, national origin, religion, sex, Comments also may be submitted via gender identity, sexual orientation, eFax mailbox to 703–605–5174 or by Background disability, age, marital status, family/ email to: [email protected]. In accordance with the Federal parental status, income derived from a The public may inspect comments Advisory Committee Act (FACA) (5 public assistance program, or political received at USDA, Forest Service, Civil U.S.C. App.), notice is hereby given that beliefs, exclude from participation in, Rights, 201 14th St. SW, Room 2S, the Secretary of Agriculture intends to deny the benefits of, or subject to Washington, DC 20024 during normal renew the National Advisory Committee discrimination, any person in the business hours. Visitors are encouraged on Meat and Poultry Inspection for two United States under any program or to call ahead to 202–205–8534 to years. The Committee provides advice activity conducted by the USDA. facilitate entry to the building.

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FOR FURTHER INFORMATION CONTACT: meetings or telephone interviews DEPARTMENT OF COMMERCE Robert Ragos, Civil Rights, 202–205– conducted by Forest Service employees 0961 or [email protected]. Individuals as part of the pre-award and post award Submission for OMB Review; who uses telecommunication devices process. The pre-award interview will Comment Request for the deaf (TDD) may call 711 or the take place prior to the award of a grant, The Department of Commerce will Federal Relay Service (FRS) at 1–800– signing of a cooperative agreement, submit to the Office of Management and 877–8339, 24 hours a day, every day of letting of commercial special use Budget (OMB) for clearance the the year, including holidays. permit, or similar activity. The post following proposal for collection of award interview will take place once SUPPLEMENTARY INFORMATION: information under the provisions of the every 5 years, or upon report/discovery Title: Equal Opportunity Compliance Paperwork Reduction Act. Review Record. of discrimination. Agency: U.S. Census Bureau. OMB Number: 0596–0215 renewal. The information collected will only Title: Data Collection Form for Expiration Date of Approval: be shared with other Federal agencies Reporting on Audits of States, Local 11/30/2018 who share in the financial assistance Governments, Indian Tribes, Institutions Type of Request: Extension with activities with the Forest Service. of Higher Education, and Non-Profit Revision. Monitoring reviews have been a Organizations. Abstract: All Federal agencies must responsibility of the Federal government OMB Control Number: 0607–0518. comply with equal opportunity laws: since 1964. Without the ability to Form Number(s): SF–SAC. • Title VI of the Civil Rights Act of monitor recipients of Federal financial Type of Request: Reinstatement with 1964, as amended. assistance, the Forest Service would not changes. • Title IX of the Education be able to ensure compliance with laws Number of Respondents: 80,000 Amendments Act of 1972. and statutes. The Agency would not be (40,000 auditees and 40,000 auditors). • The Age Discrimination Act of aware of potential violations, thereby Average Hours per Response: 100 1975, as amended. resulting in potential discriminatory hours for large auditees (approx. 400 • Section 504 of the Rehabilitation practices. respondents) and 21 hours for all other Act of 1973, as amended. Estimate of Annual Burden: 1 hour. auditees (approx. 79,600 respondents). • Executive orders prohibiting Type of Respondents: Recipients of These amounts reflect estimates of discrimination in the delivery of all Federal financial assistance. reporting burden on both auditees and programs and services to the public. auditors individually, meaning 100 or Estimated Annual Number of Federal agencies and entities 21 hours for auditees and 100 or 21 Respondents: 11,000. receiving Federal financial assistance hours for auditors. Auditees and are prohibited from discriminating. Estimated Annual Number of auditors submit a combined response, Federal financial assistance is defined Responses per Respondent: One. making the total number of annual as, ‘‘Federal monies given by grants, Estimated Total Annual Burden on submissions 40,000. cooperative agreements, commercial Respondents: 11,000. Burden Hours: 1,711,600 total hours special use permits, training, loan/ Comment is invited on: (1) Whether annually. (A slight refinement of the temporary assignment of Federal this collection of information is estimate increased the annual burden personnel, or loan/use of Federal necessary for the stated purposes and hours by less than 1% from the estimate property at below market value.’’ the proper performance of the functions of 1,699,600 hours, which was The equal opportunity laws require of the Agency, including whether the published in the presubmission notice agencies to conduct compliance reviews information will have practical or on April 3, 2018.) to ensure that entities receiving Federal scientific utility; (2) the accuracy of the Needs and Uses: Non-Federal entities Financial Assistance from the Agency’s estimate of the burden of the (states, local governments, Indian tribes, government are adhering to the collection of information, including the institutions of higher education, and nondiscrimination statutes. The statutes validity of the methodology and nonprofit organizations) are required by require that prior to awarding support or assumptions used; (3) ways to enhance the Single Audit Act Amendments of issuing permits, the Federal government the quality, utility, and clarity of the 1996 (31 U.S.C. 7501, et seq.) (Act) and shall conduct pre-award reviews to information to be collected; and (4) 2 CFR part 200, ‘‘Uniform ensure that potential recipients ways to minimize the burden of the Administrative Requirements, Cost understand their responsibilities to collection of information on Principles, and Audit Requirements for provide services equitable pursuant to respondents, including the use of Federal Awards,’’ (Uniform Guidance) the law. Thereafter, during the automated, electronic, mechanical, or to have audits conducted of their partnership with the agency, ongoing other technological collection Federal awards and file the resulting monitoring will take place to ensure the techniques or other forms of information reporting packages (Single Audit public is being served without any technology. reports) and data collection forms (Form barriers or discrimination. All comments received in response to SF–SAC) with the Federal Audit Forest Service employees will use this notice, including names and Clearinghouse (FAC). The Form SF– form FS–1700–6, Equal Opportunity addresses when provided, will be a SAC is Appendix X to 2 CFR part 200. Compliance Review Record, to matter of public record. Comments will The Office of Management and Budget document demographics (race, be summarized and included in the (OMB) has designated the Census ethnicity, and gender) and collect request for Office of Management and Bureau as the FAC to serve as the information regarding actions taken by Budget approval. government-wide repository of record recipients of Federal financial assistance for Single Audit reports. to ensure the public receives services Dated: October 24, 2018. The Single Audit process is a primary without discrimination or barriers to Lenise Largo. method Federal agencies and pass- access, and that recipients’ employees Acting Associate Chief, Forest Service. through entities use to provide oversight understand their customer service role. [FR Doc. 2018–24249 Filed 11–5–18; 8:45 am] for Federal awards and reduce risk of Collection will occur during face-to-face BILLING CODE 3411–15–P non-compliance and improper

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payments. This includes following up which will reduce burden for auditees www.regulations.gov. All comments on audit findings and questioned costs. and auditors. received are part of the public record. The proposed changes are to revise Two additional items not mentioned Comments will generally be posted some existing data elements and add in the pre-submission notice will be without change. All Personally data elements that would make the collected in the Web-based collection Identifiable Information (for example, reports easier for Federal agencies, pass- instrument, the Internet Data Entry name and address) voluntarily through entities, and the public to use. System (IDES). These items will collect submitted by the commenter may be This is a reinstatement, with changes, the date the auditor’s report(s) were publicly accessible. Do not submit of Form SF–SAC, OMB control number received by the auditee and what items Confidential Business Information or 0607–0518. Prior to the year 1997, the were modified when a revision has been otherwise sensitive or protected Census Bureau was responsible for the conducted. The date the auditor’s information. You may submit OMB clearance approval process using report(s) was received was not included attachments to electronic comments in OMB control number 0607–0518. In in the pre-submission notice as logistics Microsoft Word, Excel, WordPerfect, or 1997, OMB took over the approval were still being discussed about what Adobe PDF file formats only. process for the Form SF–SAC under instructions should accompany this OMB control number 0348–0057 field. This is the date the auditee Sheleen Dumas, (currently expiring June 30, 2019). The received the full, complete report from Departmental Lead PRA Officer, Office of the Census Bureau is now resuming the auditor. This inclusion is to help Chief Information Officer. responsibility for obtaining OMB with the determination of whether the [FR Doc. 2018–24229 Filed 11–5–18; 8:45 am] clearance under the original OMB Form SF–SAC and Single Audit report BILLING CODE 3510–07–P control number 0607–0518. The FAC were submitted on time. Collecting this will continue to collect Single Audit date will allow for tracking of the 30- reports from prior audit years, going day deadline, as the FAC already DEPARTMENT OF COMMERCE back to audit year 2013, to collects the fiscal period ending date to accommodate late submissions and track the nine-month deadline. The list International Trade Administration revisions. Late submissions or revisions of what items were modified when a from prior years are to use the version revision has been conducted was not [C–580–884] of the Form SF–SAC applicable to that included in the pre-submission notice audit year. The FAC also plans to allow as it was not suggested to the FAC until Certain Hot-Rolled Steel Flat Products Non-Federal entities who did not meet a meeting with stakeholders that From the Republic of Korea: the threshold requiring submission of a occurred after the pre-submission notice Preliminary Results of Countervailing Single Audit report to voluntarily notify was submitted. Users will select which Duty Administrative Review, 2016 the FAC that they did not meet the items changed from the previously reporting threshold. The FAC plans to submitted version using a preset list of AGENCY: Enforcement and Compliance, put this information on their website. options. Users will be able to check International Trade Administration, The proposed changes are to include multiple options. This information will U.S. Department of Commerce. the following required elements of the be publicly displayed on the FAC reporting package on the data collection SUMMARY: The Department of Commerce website. (Commerce) preliminarily determines form: The text of the federal award audit The proposed revisions to the Form that Hyundai Steel Co., Ltd. (Hyundai findings, the text of the corrective action SF–SAC can be obtained by download Steel), a producer/exporter of certain plan, and the notes to the schedule of from the FAC homepage at https:// hot-rolled steel flat products (hot-rolled expenditures of federal awards (SEFA). harvester.census.gov/facweb or by steel) from the Republic of Korea There will be a checkbox for each contacting the Federal Audit (Korea), and POSCO, a producer/ finding text and corrective action plan Clearinghouse at [email protected] or exporter of hot-rolled steel from Korea, (CAP) text entered asking the user if 800–253–0696. there are any charts or tables that could Affected Public: States, local received countervailable subsidies not be copied or pasted to analyze how governments, Indian tribes, institutions during the period of review (POR), often this occurs. Additionally, a new of higher education, non-profit August 12, 2016, through December 31, yes/no question has been added organizations (Non-Federal entities) and 2016. We invite interested parties to regarding whether the auditors their auditors. comment on these preliminary results. communicated to the auditee, in a Frequency: Annually. DATES: Applicable November 6, 2018. written document, any issues that were Respondent’s Obligation: Mandatory. not audit findings. The inclusion of Legal Authority: Title 31 U.S.C. FOR FURTHER INFORMATION CONTACT: these items is to aid Federal agencies Section 7501 et seq. and 2 CFR part 200. Ryan Mullen or Carrie Bethea, AD/CVD and pass-through entities in their review This information collection request Operations, Office V, Enforcement and of their recipients/subrecipients. This may be viewed at www.reginfo.gov. Compliance, International Trade will reduce their burden of manually Follow the instructions to view Administration, U.S. Department of searching the reporting package for this Department of Commerce collections Commerce, 1401 Constitution Avenue information. With these items now currently under review by OMB. NW, Washington, DC 20230; telephone: included on the form, the information Written comments and (202) 482–5260 and (202) 482–1491, can be viewed during the initial review recommendations for the proposed respectively. of auditees instead of needing to access information collection should be sent and search all reporting packages of all within 30 days of publication of this SUPPLEMENTARY INFORMATION: _ _ _ recipients/subrecipients. In the future, notice to Federal Audit Clearinghouse Background the FAC would like to develop a system- [email protected] or fax to (202) generated exportable Schedule of 395–5806. You may also submit On December 7, 2017, Commerce Findings and Questioned Costs using comments, identified by Docket Number published a notice of initiation of an these items, similar to the system- OMB–2018–0007, to the Federal administrative review of the generated SEFA and Notes to the SEFA, e-Rulemaking Portal: http:// countervailing duty (CVD) order on hot-

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rolled steel from Korea.1 On June 12, Companies Not Selected for Individual applicable to the company, as 2018, Commerce extended the deadline Review appropriate. These cash deposit for the preliminary results of this review For the companies not selected for instructions, when imposed, shall to no later than November 5, 2018.2 For individual review, because the rates remain in effect until further notice. a complete description of the events that calculated for Hyundai Steel and Disclosure and Public Comment followed the initiation of this review, POSCO were above de minimis and not see the Preliminary Decision based entirely on facts available, we We will disclose to parties to this Memorandum.3 A list of topics applied a subsidy rate based on a proceeding the calculations performed discussed in the Preliminary Decision weighted-average of the subsidy rates in reaching the preliminary results Memorandum is included at the calculated for Hyundai Steel and within five days of the date of Appendix to this notice. The POSCO using publicly-ranged sales data publication of these preliminary results.5 Commerce will establish a Preliminary Decision Memorandum is a submitted by the respondents. This is deadline for interested parties to submit public document and is on file consistent with the methodology that written comments (case briefs) and electronically via Enforcement and we would use in an investigation to establish the all-others rate, consistent rebuttal comments (rebuttal briefs) at a Compliance’s Antidumping and 6 with section 705(c)(5)(A) of the Act. later date. Pursuant to 19 CFR Countervailing Duty Centralized 351.309(d)(2), rebuttal briefs must be Electronic Service System (ACCESS). Preliminary Results of Review limited to issues raised in the case ACCESS is available to registered users In accordance with 19 CFR briefs. Parties who submit arguments are at http://access.trade.gov and is 351.224(b)(4)(i), we calculated requested to submit with the argument: available to all parties in the Central individual subsidy rates for Hyundai (1) A statement of the issue; (2) a brief Records Unit, Room B8024 of the main Steel and POSCO. For the POR, we summary of the argument; and (3) a Department of Commerce building. In preliminarily determine that the net table of authorities.7 addition, a complete version of the subsidy rates for the producers/ Interested parties who wish to request Preliminary Decision Memorandum can exporters under review to be as follows: a hearing must do so within 30 days of be accessed directly at http:// publication of these preliminary results enforcement.trade.gov/frn/. The signed Subsidy rate by submitting a written request to the and electronic versions of the Company (percent Assistant Secretary for Enforcement and ad valorem) Preliminary Decision Memorandum are Compliance using Enforcement and 8 identical in content. POSCO ...... 1.73 Compliance’s ACCESS system. Requests should contain the party’s Scope of the Order Hyundai Steel Co., Ltd ...... 0.65 DCE Inc ...... 1.21 name, address, and telephone number, The merchandise covered by the order Dong Chuel America Inc ...... 1.21 the number of participants, whether any Dongbu Steel Co., Ltd ...... 1.21 is certain hot-rolled steel flat products. participant is a foreign national, and a Dongkuk Industries Co., Ltd 1.21 list of the issues to be discussed. If a For a complete description of the scope Hyewon Sni Corporation of the order, see the Preliminary (H.S.I.) ...... 1.21 request for a hearing is made, Commerce Decision Memorandum. Soon Hong Trading Co., Ltd 1.21 will inform parties of the scheduled Sung-A Steel Co., Ltd ...... 1.21 date of the hearing which will be held Methodology at the U.S. Department of Commerce, Assessment Rate 1401 Constitution Avenue NW, Commerce is conducting this review Washington, DC 20230, at a time and in accordance with section 751(a)(l)(A) Consistent with section 751(a)(2)(C) of date to be determined.9 Issues addressed of the Tariff Act of 1930, as amended the Act, upon issuance of the final during the hearing will be limited to results, Commerce shall determine, and (the Act). For each of the subsidy those raised in the briefs.10 Parties Customs and Border Protection (CBP) programs found countervailable, we should confirm by telephone the date, shall assess, countervailing duties on all preliminarily determine that there is a time, and location of the hearing two appropriate entries covered by this subsidy, i.e., a government-provided days before the scheduled date. financial contribution that gives rise to review. We intend to issue instructions Parties are reminded that all briefs a benefit to the recipient, and that the to CBP 15 days after publication of the and hearing requests must be filed subsidy is specific.4 For a full final results of this review. Commerce electronically using ACCESS and description of the methodology intends to issue appropriate assessment received successfully in their entirety by underlying our conclusions, see the instructions directly to CBP 15 days 5 p.m. Eastern Time on the due date. accompanying Preliminary Decision after publication of this notice. Unless the deadline is extended Memorandum. Cash Deposit Rate pursuant to section 751(a)(3)(A) of the Pursuant to section 751(a)(1) of the Act, Commerce intends to issue the final 1 See Initiation of Antidumping and Act, Commerce intends to instruct CBP results of this administrative review, Countervailing Duty Administrative Reviews, 82 FR to collect cash deposits of estimated including the results of our analysis of 57705 (December 7, 2017) (Initiation Notice). the issues raised by the parties in their 2 countervailing duties in the amount See June 12, 2018 Memorandum re: Extension comments, within 120 days after of Deadline for Preliminary Results of indicated above with regard to Countervailing Duty Administrative Review—2016. shipments of subject merchandise publication of these preliminary results. 3 See Memorandum, ‘‘Decision Memorandum for entered, or withdrawn from warehouse, This administrative review and notice the Preliminary Results of the Countervailing Duty are in accordance with sections Administrative Review; 2016: Certain Hot-Rolled for consumption on or after the date of Steel Flat Products from the Republic of Korea,’’ publication of the final results of this 5 See 19 CFR 224(b). dated concurrently with, and hereby adopted by, review. For all non-reviewed firms, we 6 this notice (Preliminary Decision Memorandum). See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1). will instruct CBP to continue to collect 7 4 See sections 771(5)(B) and (D) of the Act See 19 CFR 351.309(c)(2) and 351.309(d)(2). cash deposits of estimated 8 regarding financial contribution; section 771(5)(E) See 19 CFR 351.310(c). of the Act regarding benefit; and section 771(5A) of countervailing duties at the most recent 9 See 19 CFR 351.310. the Act regarding specificity. company-specific or all-others rate 10 See 19 CFR 351.310(c).

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751(a)(1) and 777(i)(1) of the Act and 19 implementing Title III are found at 15 • Alaska Warrior, Inc., Seattle, WA CFR 351.213. CFR part 325 (2018). OTEA is issuing • O’Hara Corporation, Rockland, ME Dated: October 30, 2018. this notice pursuant to 15 CFR 325.6(a), • O’Hara DISC, Inc., Rockland, ME Gary Taverman, which requires the Secretary of Commerce to publish a summary of the Export Products Deputy Assistant Secretary for Antidumping • and Countervailing Duty Operations, application in the Federal Register, AGC and its Members propose to performing the non-exclusive functions and identifying the applicant and each export the following six products, duties of the Assistant Secretary for member, and summarizing proposed which are frozen-at-sea (i.e., export Enforcement and Compliance. export conduct. product is frozen on the catcher- processor trawl vessel while at-sea), and Appendix Request for Public Comments in headed and gutted (i.e., head and List of Topics Discussed in the Preliminary Interested parties may submit written viscera are removed) and round (i.e., Decision Memorandum comments relevant to the determination whole) forms: Atka mackerel, Pacific I. Summary whether a Certificate should be issued. Ocean perch, yellowfin sole, Pacific II. Background If the comments include any privileged cod, flathead sole, and rock sole III. Period of Review or confidential business information, it (collectively, the ‘‘Export Products’’). IV. Scope of the Order must be clearly marked and a V. Rate for Non-Examined Companies nonconfidential version of the Export Conduct VI. Subsidies Valuation Information comments (identified as such) should be • VII. Use of Facts Otherwise Available AGC and its Members propose to included. Any comments not marked as export to all parts of the world except VIII. Analysis of Programs privileged or confidential business IX. Recommendation the United States (the fifty states of the information will be deemed to be United States, the District of Columbia, [FR Doc. 2018–24252 Filed 11–5–18; 8:45 am] nonconfidential. the Commonwealth of Puerto Rico, the BILLING CODE 3510–DS–P An original and five (5) copies, plus Virgin Islands, American Samoa, Guam, two (2) copies of the nonconfidential the Commonwealth of the Northern version, should be submitted no later Mariana Islands, and the Trust Territory DEPARTMENT OF COMMERCE than 20 days after the date of this notice of the Pacific Islands). to: Office of Trade and Economic • International Trade Administration Analysis, International Trade AGC and its Members seek certification for the following activities [Application No. 18–00002] Administration, U.S. Department of Commerce, Room 21028, Washington, and exchanges of information. Export Trade Certificate of Review DC 20230. 1. Each Member will from time to Information submitted by any person time independently determine in its ACTION: Notice of application for an is exempt from disclosure under the sole discretion (i) the quantity of Export Export Trade Certificate of Review for Freedom of Information Act (5 U.S.C. Product that it makes available for sale Alaska Groundfish Commission 552). However, nonconfidential versions in export markets, and (ii) whether any (‘‘AGC’’), Application Number 18– of the comments will be made available portion of such quantity will be sold 00002. to the applicant if necessary for independently by it, be sold in determining whether or not to issue the cooperation with some or all of the SUMMARY: The Office of Trade and other Members, or be made available to Economic Analysis (‘‘OTEA’’) of the Certificate. Comments should refer to this application as ‘‘Export Trade AGC for sale in export markets. AGC International Trade Administration, may not require any Member to export Department of Commerce, received an Certificate of Review, application number 18–00002.’’ any minimum quantity of Export application for an Export Trade Product. Certificate of Review (‘‘Certificate’’). Summary of the Application 2. AGC and/or its Members may enter This notice summarizes the application Applicant: Alaska Groundfish into agreements to act in certain and requests comments relevant to Commission, address c/o Mundt countries or markets as the Members’ whether the Certificate should be MacGregor L.L.P. (below). exclusive or non-exclusive export issued. Contact: Duncan R. McIntosh, intermediary for the quantity of Export FOR FURTHER INFORMATION CONTACT: Attorney at Law, Mundt MacGregor Product dedicated by each Member for Joseph Flynn, Director, Office of Trade L.L.P., 271 Wyatt Way NE, Suite 106, sale by AGC or any Member in that and Economic Analysis, International Bainbridge Island, WA, 98110; (206) country or market. In any such Trade Administration, (202) 482–5131 319–1105. agreement (i) AGC or the Member acting (this is not a toll-free number) or email Application No.: 18–00002. as the exclusive export intermediary at [email protected]. Date Deemed Submitted: October 22, may agree not to represent any other SUPPLEMENTARY INFORMATION: Title III of 2018. supplier of Export Product with respect the Export Trading Company Act of Summary: AGC and its seven to one or more export market, and (ii) 1982 (15 U.S.C. Sections 4001–21) (‘‘the proposed Members (as defined in 15 Members may agree that they will Act’’) authorizes the Secretary of CFR 352.2(l)) seek a Certificate to engage export the quantity of Export Product Commerce to issue Export Trade in the export conduct described below. dedicated for sale in such export Certificates of Review. A Certificate Applicant/Certificate Holder markets only through AGC or the Member acting as exclusive export protects the holder and the members • AGC identified in the Certificate from State intermediary, and that they will not and Federal government antitrust Proposed Members export Export Product otherwise, either actions and from private treble damage • Ocean Peace, Inc., Seattle, WA directly or through any other export antitrust actions for the export conduct • M/V Savage, Inc., Seattle, WA intermediary. specified in the Certificate and carried • AK Victory, Inc., Seattle, WA 3. AGC and/or one or more of its out in compliance with its terms and • The Fishing Company of Alaska, Inc., Members may engage in joint bidding or conditions. The regulations Seattle, WA selling arrangements for export markets

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and allocate sales resulting from such Members from and admission of export sales by Members (including arrangements among the Members. Members to AGC. export price information). 4. The Members may refuse to deal 11. AGC may, for itself or on behalf Dated: October 31, 2018. of its Members, establish and implement with export intermediaries other than Joseph Flynn, AGC and its Members. a quality assurance program for Export Product, including without limitation Director, Office of Trade and Economic 5. AGC may, for itself and on behalf Analysis, International Trade Administration, of its Members, by agreement with its or establishing, staffing, and operating a U.S. Department of Commerce. laboratory to conduct quality testing, its Members’ distributors or agents, or [FR Doc. 2018–24220 Filed 11–5–18; 8:45 am] on the basis of its own determination: promulgating quality standards or BILLING CODE 3510–DR–P (a) Establish the prices at which grades, inspecting Export Product Export Product will be sold in export samples and publishing guidelines for markets; and reports of the results of laboratory DEPARTMENT OF COMMERCE (b) establish standard terms of sale of testing. Export Product; 12. AGC may conduct meetings of its International Trade Administration (c) establish standard quality grades Members to engage in the activities [A–570–900] for Export Product; described in paragraphs 1 through 11, above. (d) establish target prices for sales of Diamond Sawblades and Parts Thereof Export Product by its Members in export 13. AGC may compile for, collect from, and disseminate to its Members, From the People’s Republic of China: markets, with each Member remaining Notice of Court Decision Not in free to deviate from such target prices in and the Members may discuss among themselves, either in meetings Harmony With the Final Results of its sole discretion; Review and Amended Final Results of (e) subject to the limitations set forth conducted by AGC or independently via telephone and other available and the Antidumping Duty Administrative in paragraph 1, above, establish the Review; 2012–2013 quantity of Export Product to be sold in appropriate modes of communication, export markets; the following types of information with AGENCY: Enforcement and Compliance, (f) allocate among the Members export respect to the export of International Trade Administration, markets or customers in the export Export Product to export markets Department of Commerce. only: markets; SUMMARY: On October 23, 2018, the (a) Sales and marketing efforts, and (g) refuse to quote prices for, or to United States Court of International activities and opportunities for sales of market or sell, Export Product in export Trade (CIT) sustained the final remand Export Product, including but not markets; and redetermination pertaining to the limited to selling strategies and pricing, (h) engage in joint promotional administrative review of the projected demand for Export Product, activities aimed at developing existing antidumping duty order on diamond standard or customary terms of sale in or new export markets, such as sawblades and parts thereof from the export markets, prices and availability advertising and trade shows. People’s Republic of China covering the of Export Product from competitors, and 6. AGC may, for itself and on behalf period November 1, 2012, through specifications for Export Product by of its Members, contact non-member October 31, 2013. The Department of customers in export markets; suppliers of Export Product to elicit (b) Price, quality, quantity, source, Commerce (Commerce) is notifying the information relating to price, volume and delivery dates of Export Product public that the CIT’s final judgment in delivery schedules, terms of sale, and available from the Members for export this case is not in harmony with the other matters relating to such suppliers’ including but not limited to export final results of the administrative review sales or prospective sales in export inventory levels and geographic and that Commerce is amending the markets. availability; final results with respect to the 7. Subject to the limitations set forth (c) Terms and conditions of contracts respondents eligible for separate rates. in paragraph 1, above, AGC and its for sales to be considered and/or bid on DATES: Applicable November 2, 2018. Members may agree on the quantities of by AGC and its Members; FOR FURTHER INFORMATION CONTACT: Export Product and the prices at which (d) Joint bidding or selling Yang Jin Chun or Minoo Hatten, AD/ AGC and its Members may sell Export arrangements and allocation of sales CVD Operations, Office I, Enforcement Product in and for export markets, and resulting from such arrangements and Compliance, International Trade may also agree on territorial and among the Members, including each Administration, U.S. Department of customer allocations in export markets Member’s share of the previous calendar Commerce, 1401 Constitution Avenue among the Members. year’s total foreign sales; NW, Washington, DC 20230; telephone 8. AGC and its Members may enter (e) Expenses specific to exporting to (202) 482–5760 or (202) 482–1690, into exclusive and non-exclusive and within export markets, including respectively. agreements appointing third parties as without limitation transportation, trans- SUPPLEMENTARY INFORMATION: export intermediaries for the sale of or intermodal shipments, cold storage, Export Product in export markets. Such insurance, inland freight to port, port Background agreements may contain the price, storage, commissions, export sales, On June 8, 2015, Commerce published quantity, territorial and customer documentation, financing, customs the Final Results, in which we valued restrictions for export markets contained duties, and taxes; cores produced by Weihai Xiangguang in paragraph 5, above. (f) U.S. and foreign legislation Mechanical Industrial Co., Ltd., using a 9. AGC and its Members may solicit regulations and policies affecting export build-up methodology and calculated individual non-Member suppliers of sales; and surrogate financial ratios using Export Product to sell such Export (g) AGC’s and/or its Members’ export Philippine financial statements.1 On Product to AGC or Members for sale in operations, including without export markets. limitation, sales and distribution 1 See Diamond Sawblades and Parts Thereof from 10. AGC and its Members may networks established by AGC or its the People’s Republic of China: Final Results of prescribe conditions for withdrawal of Members in export markets, and prior Antidumping Duty Administrative Review; 2012–

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March 31, 2017, the CIT remanded the second final remand redetermination in judgment sustaining the second final Final Results to Commerce to reconsider its entirety.6 remand redetermination constitutes the the valuation of cores and the use of Timken Notice CIT’s final decision which is not ‘‘in certain financial statements.2 In the first harmony’’ with the Final Results. This final remand redetermination, we In its decision in Timken Co. v. notice is published in fulfillment of the revised the valuation of cores and used United States, 893 F.2d 337, 341 (Fed. publication requirements of Timken. other available financial statements to Cir. 1990) (Timken), as clarified by Accordingly, Commerce will continue 3 calculate surrogate financial ratios. On Diamond Sawblades Mfrs. Coalition v. the suspension of liquidation of the United States, 626 F.3d 1374 (Fed. Cir. March 22, 2018, the CIT remanded the subject merchandise pending expiration 2010), the United States Court of Final Results to further examine the of the period to appeal or, if appealed, revisions to the valuation of cores and Appeals for the Federal Circuit held pending a final and conclusive court our decision not to use certain financial that, pursuant to section 516A(e) of the statements in the first final remand Tariff Act of 1930, as amended (the Act), decision. redetermination.4 In the second final Commerce must publish a notice of a Amended Final Results of Review remand redetermination, we further court decision that is not ‘‘in harmony’’ revised the valuation of cores and we with a Commerce determination and Because there is now a final court used additional financial statements to must suspend liquidation of entries decision, Commerce is amending the calculate surrogate financial ratios.5 On pending a ‘‘conclusive’’ court decision. Final Results with respect to the October 23, 2018, the CIT sustained our The CIT’s October 23, 2018, final separate rate respondents as follows:

Weighted-average Exporter dumping margin (percent)

Bosun Tools Co., Ltd ...... 3.45 Chengdu Huifeng Diamond Tools Co., Ltd 7 ...... 12.05 Danyang City Ou Di Ma Tools Co., Ltd ...... 12.05 Danyang Huachang Diamond Tools Manufacturing Co., Ltd ...... 12.05 Danyang NYCL Tools Manufacturing Co., Ltd ...... 12.05 Danyang Tsunda Diamond Tools Co., Ltd ...... 12.05 Danyang Weiwang Tools Manufacturing Co., Ltd ...... 12.05 Guilin Tebon Superhard Material Co., Ltd ...... 12.05 Hangzhou Deer King Industrial and Trading Co., Ltd ...... 12.05 Hangzhou Kingburg Import & Export Co., Ltd ...... 12.05 Huzhou Gu’s Import & Export Co., Ltd ...... 12.05 Jiangsu Fengtai Diamond Tool Manufacture Co., Ltd 8 ...... 12.05 Jiangsu Inter-China Group Corporation ...... 12.05 Jiangsu Youhe Tool Manufacturer Co., Ltd ...... 12.05 Pujiang Talent Diamond Tools Co., Ltd ...... 12.05 Qingdao Hyosung Diamond Tools Co., Ltd ...... 12.05 Qingyuan Shangtai Diamond Tools Co., Ltd ...... 12.05 Quanzhou Zhongzhi Diamond Tool Co., Ltd ...... 12.05 Rizhao Hein Saw Co., Ltd ...... 12.05 Saint-Gobain Abrasives (Shanghai) Co., Ltd ...... 12.05 Shanghai Jingquan Ind. Trade Co., Ltd ...... 12.05 Shanghai Starcraft Tools Company Limited ...... 12.05 Weihai Xiangguang Mechanical Industrial Co., Ltd ...... 22.57 Wuhan Wanbang Laser Diamond Tools Co 9 ...... 12.05 Xiamen ZL Diamond Technology Co., Ltd ...... 12.05 Zhejiang Wanli Tools Group Co., Ltd ...... 12.05

In the event the CIT’s ruling is not Customs and Border Protection (CBP) to merchandise based on the revised rates appealed or, if appealed, upheld by a assess antidumping duties on Commerce determined and listed above. final and conclusive court decision, unliquidated entries of subject Commerce will instruct the U.S.

2013, 80 FR 32344 (June 8, 2015) (Final Results) and 5 See Final Second Remand Redetermination 8 Commerce found Jiangsu Fengtai Diamond Tool accompanying Issues and Decision Memorandum at dated July 20, 2018, pursuant to Diamond Manufacture Co., Ltd., Jiangsu Fengtai Tools Co., Comments 14 and 16. Sawblades Manufacturers’ Coalition v. United Ltd., and Jiangsu Fengtai Sawing Industry Co., Ltd., States, 299 F. Supp. 3d 1374 (CIT 2018), and 2 See Diamond Sawblades Manufacturers’ affiliated and Commerce collapsed these three available at https://enforcement.trade.gov/remands/ companies into the Jiangsu Fengtai Single Entity. Coalition v. United States, 219 F. Supp. 3d 1368 18-26.pdf. See, e.g., Diamond Sawblades and Parts Thereof (CIT 2017). 6 See Diamond Sawblades Manufacturers’ from the People’s Republic of China: Final Results 3 See Final Remand Redetermination dated Coalition v. United States, Consol. Court No. 15– of Antidumping Duty Administrative Review; 2014– September 21, 2017, pursuant to Diamond 00164, slip op. 18–145 (CIT Oct. 23, 2018). 2015, 82 FR 26912, 26913 n.5 (June 12, 2017). Sawblades Manufacturers’ Coalition v. United 7 Commerce determined that Chengdu Huifeng 9 Commerce determined that Wuhan Wanbang States, 219 F. Supp. 3d 1368 (CIT 2017), and New Material Technology Co., Ltd., is the Laser Diamond Tools Co., Ltd., is the successor-in- available at https://enforcement.trade.gov/remands/ successor-in-interest to Chengdu Huifeng Diamond interest to Wuhan Wanbang Laser Diamond Tools 17-36.pdf. Tools Co., Ltd. See Diamond Sawblades and Parts Thereof from the People’s Republic of China: Final Co. See Diamond Sawblades and Parts Thereof 4 See Diamond Sawblades Manufacturers’ Results of Antidumping Duty Changed from the People’s Republic of China: Final Results Coalition v. United States, 299 F. Supp. 3d 1374 Circumstances Review, 82 FR 60177 (December 19, of Antidumping Duty Changed Circumstances (CIT 2018). 2017). Review, 81 FR 20618 (April 8, 2016).

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Cash Deposit Requirements OMB Control Number: #0693–0075. November 16, 2018, 10–12 p.m., Pacific As the cash deposit rates for Danyang Form Number(s): None. Time. City Ou Di Ma Tools Co., Ltd., and Type of Request: Regular submission ADDRESSES: The public meeting will be Danyang Tsunda Diamond Tools Co., (revision and extension of a currently conducted by telephone conference call. approved information collection. Ltd., have not been subject to FOR FURTHER INFORMATION CONTACT: Number of Respondents: 120. subsequent administrative reviews, Katherine Cheney; NFMS West Coast Commerce will issue revised cash Average Hours per Response: 2 hours per response. Region; 503–231–6730; email: deposit instructions to CBP adjusting [email protected]. the rate from 2.34 percent to 12.05 Burden Hours: 240 Hours. SUPPLEMENTARY INFORMATION: Notice is percent, effective November 2, 2018. For Needs and Uses: New collaborative hereby given of a meeting of MAFAC’s all other respondents listed above, projects to address specific CBP Task Force. The MAFAC was because the cash deposit rates have been cybersecurity challenges. Technology established by the Secretary of updated in subsequent administrative providers having an interest in Commerce (Secretary), and, since 1971, reviews,10 we will not update their cash participating in an announced project are invited to submit Letters of Interest advises the Secretary on all living deposit rates as a result of these marine resource matters that are the amended final results. (LoI) in participation. NIST provides a LoI template to technology providers responsibility of the Department of Notification to Interested Parties that express a desire to participate in a Commerce. The MAFAC charter and This notice is issued and published in project. summaries of prior MAFAC meetings accordance with sections 516A(e)(1), Affected Public: Business or other for are located online at https:// 751(a)(1), and 777(i)(1) of the Act. profit. www.fisheries.noaa.gov/topic/ Frequency: Once per announcement. partners#marine-fisheries-advisory- Dated: October 31, 2018. Respondent’s Obligation: Voluntary. committee-. The CBP Task Force reports Gary Taverman, This information collection request to MAFAC and is being convened to Deputy Assistant Secretary for Antidumping may be viewed at reginfo.gov. Follow develop recommendations for long-term and Countervailing Duty Operations, the instructions to view Department of goals to meet Columbia Basin salmon performing the non-exclusive functions and Commerce collections currently under recovery, conservation needs, and duties of the Assistant Secretary for harvest opportunities, in the context of Enforcement and Compliance. review by OMB. Written comments and habitat capacity and other factors that [FR Doc. 2018–24251 Filed 11–5–18; 8:45 am] recommendations for the proposed affect salmon mortality. More BILLING CODE 3510–DS–P information collection should be sent information is available at the CBP Task within 30 days of publication of this Force web page: http:// _ www.westcoast.fisheries.noaa.gov/ DEPARTMENT OF COMMERCE notice to OIRA Submission@ omb.eop.gov or fax to (202) 395–5806. columbia_river/index.html. Submission for OMB Review; Sheleen Dumas, Matters To Be Considered Comment Request Departmental Lead PRA Officer, Office of the The Committee is convening to The Department of Commerce will Chief Information Officer. discuss updates to the shared submit to the Office of Management and [FR Doc. 2018–24263 Filed 11–5–18; 8:45 am] provisional salmon and steelhead Budget (OMB) for clearance the BILLING CODE 3510–13–P quantitative goals, the draft following proposal for collection of recommendations report, and planning information under the provisions of the for the next phase of work for the CBP Paperwork Reduction Act (44 U.S.C. DEPARTMENT OF COMMERCE Task Force. Chapter 35). National Oceanic and Atmospheric Agency: National Institute of Time and Date Administration Standards and Technology (NIST). The meeting is scheduled for Title: National Cybersecurity Center of RIN 0648–XG603 November 15, 2018, 1–4 p.m. and Excellence (NCCoE) Participant Letter(s) November 16, 2018, 10 a.m.–12 p.m., of Interest (LoI). Meeting of the Columbia Basin Pacific Time by conference call and Partnership Task Force of the Marine webinar. Access information for the 10 See Diamond Sawblades and Parts Thereof Fisheries Advisory Committee public will be posted at http:// from the People’s Republic of China: Final Results AGENCY: www.westcoast.fisheries.noaa.gov/ of Antidumping Duty Administrative Review; 2014– National Marine Fisheries _ 2015, 82 FR 26912, 26913 (June 12, 2017), for Service (NMFS), National Oceanic and columbia river/index.html by Jiangsu Inter-China Group Corporation, Diamond Atmospheric Administration (NOAA), November 9, 2018. Sawblades and Parts Thereof from the People’s Republic of China: Final Results of Antidumping Commerce. Special Accommodations Duty Administrative Review; 2013–2014, 81 FR ACTION: Notice of open public meeting. 38673, 38674–75 n.15 (June 14, 2016), for Pujiang These meetings are physically Talent Diamond Tools Co., Ltd., which we SUMMARY: This notice sets forth the accessible to people with disabilities. identified as part of the China-wide entity, and proposed schedule and agenda of two Requests for auxiliary aids should be Diamond Sawblades and Parts Thereof from the directed to Katherine Cheney, 503–231– People’s Republic of China: Preliminary Results of forthcoming meetings of the Marine Antidumping Duty Administrative Review; 2015– Fisheries Advisory Committee’s 6730 by November 8, 2018. 2016, 82 FR 57585, 57586 (December 6, 2017), and (MAFAC’s) Columbia Basin Partnership Dated: October 31, 2018. accompanying Preliminary Decision Memorandum at 3–4. 9, unchanged in Diamond Sawblades and Task Force (CBP Task Force). The CBP Jennifer L. Lukens, Parts Thereof from the People’s Republic of China: Task Force will discuss the issues Federal Program Officer, Marine Fisheries Final Results of Antidumping Duty Administrative outlined in the SUPPLEMENTARY Advisory Committee, National Marine Review; 2015–2016, 83 FR 17527 (April 20, 2018), INFORMATION below. Fisheries Service. for all other respondents listed above for which the cash deposit rates will not be updated as a result DATES: The meetings are scheduled for [FR Doc. 2018–24237 Filed 11–5–18; 8:45 am] of these amended final results. November 15, 2018, 1–4 p.m. and BILLING CODE 3510–22–P

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DEPARTMENT OF COMMERCE IDFG submitted the FMEP to NMFS DEPARTMENT OF EDUCATION describing fisheries targeting adult [Docket No. ED–2018–ICCD–0117] National Oceanic and Atmospheric adipose-fin-clipped, hatchery-origin Administration steelhead within the State of Idaho and Agency Information Collection RIN 0648–XG593 in boundary waters with Oregon and Activities; Comment Request; EDFacts Washington. The plan was submitted Data Collection School Years 2019–20, Endangered and Threatened Species; under ESA limit 4 of the 4(d) Rule. 2020–21, and 2021–22 (With 2018–19 Take of Anadromous Fish These fisheries were designed to Continuation) support fishing opportunities while AGENCY: National Marine Fisheries AGENCY: National Center for Education minimizing potential risks to ESA-listed Service (NMFS), National Oceanic and Statistics (NCES), Department of species. The FMEP describes timing, Atmospheric Administration (NOAA), Education (ED). Commerce. location, harvest impact limits, ACTION: Notice. ACTION: Notice; availability of Fishery licensing, and gear requirements, and Evaluation and Management Plan and requires that all fish caught with an SUMMARY: In accordance with the request for comment. intact adipose fin be released unharmed. Paperwork Reduction Act of 1995, ED is A variety of monitoring and evaluation proposing a revision of an existing SUMMARY: Notice is hereby given that is included in the FMEP. information collection. the Idaho Department of Fish and Game DATES: Interested persons are invited to (IDFG) has submitted a Fishery As specified in the July 10, 2000, ESA submit comments on or before January Management and Evaluation Plan 4(d) rule for salmon and steelhead (65 7, 2019. (FMEP) pursuant to the protective FR 42422) and updated June 28, 2005 regulations promulgated for Pacific (70 FR 37160), NMFS may approve an ADDRESSES: To access and review all the salmon and steelhead under the FMEP if it meets criteria set forth in 50 documents related to the information Endangered Species Act (ESA). The CFR 223.203(b)(4)(i)(A) through (I). collection listed in this notice, please FMEP specifies the implementation of Prior to final approval of an FMEP, use http://www.regulations.gov by fisheries targeting adipose-fin-clipped, NMFS must publish notification searching the Docket ID number ED– hatchery-origin Snake River steelhead announcing the FMEP’s availability for 2018–ICCD–0117. Comments submitted within the State of Idaho and in public review and comment. in response to this notice should be boundary waters with Oregon and submitted electronically through the Washington. This document serves to Authority Federal eRulemaking Portal at http:// notify the public of the availability of www.regulations.gov by selecting the Under section 4 of the ESA, the the FMEP for comment prior to a Docket ID number or via postal mail, Secretary of Commerce is required to decision by NMFS whether to approve commercial delivery, or hand delivery. the proposed fisheries. adopt such regulations as he deems Please note that comments submitted by necessary and advisable for the DATES: Comments must be received at fax or email and those submitted after the appropriate address or fax number conservation of species listed as the comment period will not be (see ADDRESSES) no later than 5 p.m. threatened. The ESA salmon and accepted. Written requests for Pacific time on December 6, 2018. steelhead 4(d) rule (65 FR 42422, July information or comments submitted by 10, 2000, as updated in 70 FR 37160, postal mail or delivery should be ADDRESSES: Written comments on the application should be addressed to the June 28, 2005) specifies categories of addressed to the Director of the NMFS Sustainable Fisheries Division, activities that contribute to the Information Collection Clearance 1201 NE Lloyd Boulevard, Suite 1100, conservation of listed salmonids and Division, U.S. Department of Education, Portland, OR 97232. Comments may be sets out the criteria for such activities. 550 12th Street SW, PCP, Room 9086, submitted by email. The mailbox Limit 4 of the updated 4(d) rule (50 CFR Washington, DC 20202–0023. address for providing email comments 223.203(b)(4)) further provides that the FOR FURTHER INFORMATION CONTACT: For is: IdahoSteelheadFisheriesPlan.wcr@ prohibitions of paragraph (a) of the specific questions related to collection noaa.gov. Include in the subject line of updated 4(d) rule (50 CFR 223.203(a)) activities, please contact Kashka the email comment the following do not apply to fisheries provided that Kubzdela, 202–245–7377 or email identifier: Idaho’s Snake River an FMEP has been approved by NMFS [email protected]. Steelhead Fisheries Plan. to be in accordance with the salmon and SUPPLEMENTARY INFORMATION: The FOR FURTHER INFORMATION CONTACT: steelhead 4(d) rule (65 FR 42422, July Department of Education (ED), in Allyson Purcell, at phone number: (503) 10, 2000, as updated in 70 FR 37160, accordance with the Paperwork 736–4736, or via email: allyson.purcell@ June 28, 2005). Reduction Act of 1995 (PRA) (44 U.S.C. noaa.gov. 3506(c)(2)(A)), provides the general Angela Somma, SUPPLEMENTARY INFORMATION: public and Federal agencies with an Chief, Endangered Species Division, Office opportunity to comment on proposed, Species Covered in This Notice of Protected Resources, National Marine revised, and continuing collections of Chinook salmon (Oncorhynchus Fisheries Service. information. This helps the Department tshawytscha): Threatened, naturally [FR Doc. 2018–24262 Filed 11–5–18; 8:45 am] assess the impact of its information produced and artificially propagated BILLING CODE 3510–22–P collection requirements and minimize Snake River Spring/Summer and Snake the public’s reporting burden. It also River Fall. helps the public understand the Steelhead (O. mykiss): Threatened, Department’s information collection naturally produced and artificially requirements and provide the requested propagated Snake River Basin. data in the desired format. ED is Sockeye salmon (O. nerka): soliciting comments on the proposed Endangered, naturally produced and information collection request (ICR) that artificially propagated Snake River is described below. The Department of

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Education is especially interested in to collect EDFacts data for the 2019–20, Accession Number: 20181029–5060. public comment addressing the 2020–21, and 2021–22 school years and Comments Due: 5 p.m. ET 11/13/18. following issues: (1) Is this collection to expand the EDFacts data collection to Docket Numbers: RP19–136–000. necessary to the proper functions of the include state level postsecondary data Applicants: Transcontinental Gas Department; (2) will this information be for the Strengthening Career and Pipe Line Company, LLC. processed and used in a timely manner; Technical Education for the 21st Description: Compliance filing 2018 (3) is the estimate of burden accurate; Century Act (Perkins V). This collection Transco Penalty Revenue Sharing (4) how might the Department enhance package will be available for public Report. the quality, utility, and clarity of the comment during two open periods, a 60 Filed Date: 10/29/18. information to be collected; and (5) how day and a 30 day, after which revisions Accession Number: 20181029–5102. might the Department minimize the will be made accordingly. As part of the Comments Due: 5 p.m. ET 11/13/18. burden of this collection on the public comment period review, ED Docket Numbers: RP19–137–000. respondents, including through the use requests that SEAs and other Applicants: Natural Gas Pipeline of information technology. Please note stakeholders respond to the directed Company of America. that written comments received in questions found in Attachment D. Due Description: § 4(d) Rate Filing: response to this notice will be to overlap in the timing of data Negotiated Rate Agreement— considered public records. collection activities between CapacityRelease Macquarie L to be Title of Collection: EDFacts Data consecutive years of the EDFacts effective 10/27/2018. Collection School Years 2019–20, 2020– collection, we are carrying over in this Filed Date: 10/29/18. 21, and 2021–22 (with 2018–19 submission the approved SY 2018–19 Accession Number: 20181029–5118. continuation). data collection, which is scheduled to Comments Due: 5 p.m. ET 11/13/18. OMB Control Number: 1850–0925. end in February 2020. Type of Review: A revision of an Docket Numbers: RP19–138–000. existing information collection. Dated: November 1, 2018. Applicants: Iroquois Gas Respondents/Affected Public: State Kate Mullan, Transmission System, L.P. Education Agency. Acting Director, Information Collection Description: § 4(d) Rate Filing: 102918 Total Estimated Number of Annual Clearance Division, Office of the Chief Privacy Negotiated Rates—Mercuria Energy Responses: 61. Officer, Office of Management. America, Inc. R–7540–02 to be effective Total Estimated Number of Annual [FR Doc. 2018–24264 Filed 11–5–18; 8:45 am] 11/1/2018. Burden Hours: 126,880. BILLING CODE 4000–01–P Filed Date: 10/29/18. Abstract: EDFacts is a U.S. Accession Number: 20181029–5121. Department of Education (ED) initiative, Comments Due: 5 p.m. ET 11/13/18. conducted by the National Center for DEPARTMENT OF ENERGY Docket Numbers: RP19–139–000. Education Statistics (NCES), to collect, Applicants: Portland Natural Gas analyze, report on, and promote the use Federal Energy Regulatory Transmission System. of high-quality, pre-kindergarten Commission Description: § 4(d) Rate Filing: PXP through grade 12 (pre-K–12) Phase I Agreements Filing to be effective performance data and state level Combined Notice of Filings 11/1/2018. postsecondary data for Perkins V for use Filed Date: 10/29/18. in education planning, policymaking, Take notice that the Commission has received the following Natural Gas Accession Number: 20181029–5163. and management and budget decision Comments Due: 5 p.m. ET 11/13/18. making to improve outcomes for Pipeline Rate and Refund Report filings: Docket Numbers: RP19–140–000. students. By centralizing data provided Filings Instituting Proceedings by state education agencies about state Applicants: Texas Eastern level data, local education agencies, and Docket Numbers: RP19–133–000. Transmission, LP. schools, NCES uses the EDFacts data to Applicants: Algonquin Gas Description: § 4(d) Rate Filing: report on students, schools, staff, Transmission, LLC. TETLP-Gulfport Energy K911377 11– services, and education outcomes at the Description: § 4(d) Rate Filing: 01–18 Release to be effective 11/1/2018. state, district, and school levels. The Negotiated Rate—Boston releases to be Filed Date: 10/30/18. centralized approach provides ED users effective 11/1/2018. Accession Number: 20181030–5026. with the ability to efficiently analyze Filed Date: 10/29/18. Comments Due: 5 p.m. ET 11/13/18. and report on submitted data and has Accession Number: 20181029–5025. Docket Numbers: RP19–141–000. reduced the reporting burden for state Comments Due: 5 p.m. ET 11/13/18. Applicants: Gulf South Pipeline and local data producers through the Docket Numbers: RP19–134–000. Company, LP. use of streamlined data collection, Applicants: Texas Eastern Description: § 4(d) Rate Filing: Cap analysis, and reporting tools. EDFacts Transmission, LP. Rel Neg Rate Agmt (Atmos 45527 to collects information on behalf of ED Description: § 4(d) Rate Filing: 50143; 50143 to CenterPt 50149)) to be grant and program offices for Negotiated Rate—EDF Trading 8953795 effective 11/1/2018. approximately 150 data groups for all 50 to be effective 11/1/2018. Filed Date: 10/30/18. states, Washington DC, Puerto Rico, and Filed Date: 10/29/18. Accession Number: 20181030–5027. seven outlying areas and freely Accession Number: 20181029–5045. Comments Due: 5 p.m. ET 11/13/18. associated states (American Samoa, Comments Due: 5 p.m. ET 11/13/18. Docket Numbers: RP19–142–000. Federated States of Micronesia, Guam, Docket Numbers: RP19–135–000. Applicants: Gulf South Pipeline Marshall Islands, Commonwealth of the Applicants: Texas Eastern Company, LP. Northern Mariana Islands, Republic of Transmission, LP. Description: § 4(d) Rate Filing: Palau, and the U.S. Virgin Islands), the Description: § 4(d) Rate Filing: Amendment to Neg Rate Agmt (FPL Department of Defense Education Negotiated Rate—Exelon 8953829 to be 41619–18) to be effective 11/1/2018. Activity (DoDEA), and the Bureau of effective 11/1/2018. Filed Date: 10/30/18. Indian Education (BIE). This request is Filed Date: 10/29/18. Accession Number: 20181030–5028.

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Comments Due: 5 p.m. ET 11/13/18. Applicants: Texas Eastern intervention is necessary to become a Docket Numbers: RP19–143–000. Transmission, LP. party to the proceeding. Applicants: Texas Gas Transmission, Description: § 4(d) Rate Filing: eFiling is encouraged. More detailed LLC. Negotiated Rate—Castleton 911552 to be information relating to filing Description: § 4(d) Rate Filing: Neg effective 11/1/2018. requirements, interventions, protests, Rate Agmt Filing (Indiana Gas 37026) to Filed Date: 10/30/18. service, and qualifying facilities filings be effective 11/1/2018. Accession Number: 20181030–5122. can be found at: http://www.ferc.gov/ Filed Date: 10/30/18. Comments Due: 5 p.m. ET 11/13/18. docs-filing/efiling/filing-req.pdf. For Accession Number: 20181030–5030. Docket Numbers: RP19–152–000. other information, call (866) 208–3676 Comments Due: 5 p.m. ET 11/13/18. Applicants: Dauphin Island Gathering (toll free). For TTY, call (202) 502–8659. Docket Numbers: RP19–144–000. Partners. Dated: October 31, 2018. Applicants: Texas Gas Transmission, Description: § 4(d) Rate Filing: Nathaniel J. Davis, Sr., LLC. Negotiated Rate Filing 10–30–2018 to be Deputy Secretary. effective 11/1/2018. Description: § 4(d) Rate Filing: Neg [FR Doc. 2018–24242 Filed 11–5–18; 8:45 am] Filed Date: 10/30/18. Rate Agmts Filing (PEAK 36805, 36806) BILLING CODE 6717–01–P to be effective 11/1/2018. Accession Number: 20181030–5152. Filed Date: 10/30/18. Comments Due: 5 p.m. ET 11/13/18. Accession Number: 20181030–5034. Docket Numbers: RP19–153–000. DEPARTMENT OF ENERGY Comments Due: 5 p.m. ET 11/13/18. Applicants: Cimarron River Pipeline, Docket Numbers: RP19–145–000. LLC. Federal Energy Regulatory Applicants: Natural Gas Pipeline Description: § 4(d) Rate Filing: Commission Company of America. Negotiated Rates 2018–11–01 to be [Docket No. OR19–5–000] Description: § 4(d) Rate Filing: effective 11/1/2018. Negotiated Rate Agreement-Capacity Filed Date: 10/30/18. Marathon Pipe Line LLC; Notice of Release Macquarie 10302018 to be Accession Number: 20181030–5179. Request for Temporary Waiver effective 10/30/2018. Comments Due: 5 p.m. ET 11/13/18. Filed Date: 10/30/18. Docket Numbers: RP19–154–000. Take notice that on October 30, 2018, Accession Number: 20181030–5043. Applicants: Colorado Interstate Gas Marathon Pipe Line LLC (MPL) filed a Comments Due: 5 p.m. ET 11/13/18. Company, L.L.C.. petition seeking a temporary waiver of Docket Numbers: RP19–146–000. Description: § 4(d) Rate Filing: Storage the tariff filing and reporting Applicants: Trunkline Gas Company, Thermal Rate Adjustment Filing requirements of sections 6 and 20 of the LLC. (Mainline) to be effective 11/1/2018. Interstate Commerce Act and parts 341 Description: Compliance filing Filed Date: 10/30/18. and 357 of the Commission’s regulations Annual Interruptible Storage Revenue Accession Number: 20181030–5186. for a pipeline asset in Davidson County, Credit filed 10–31–18. Comments Due: 5 p.m. ET 11/13/18. Tennessee, all as more fully explained Filed Date: 10/30/18. in the petition. Docket Numbers: RP19–155–000. Any person desiring to intervene or to Accession Number: 20181030–5062. Applicants: Southern Star Central Gas Comments Due: 5 p.m. ET 11/13/18. protest this filing must file in Pipeline, Inc.. accordance with Rules 211 and 214 of Docket Numbers: RP19–147–000. Description: § 4(d) Rate Filing: Vol. 2 the Commission’s Rules of Practice and Applicants: Algonquin Gas Negotiated and Non-Conforming PLS- Procedure (18 CFR 385.211 and 385.214. Transmission, LLC. Tenaska November 2018 Amendment to Protests will be considered by the Description: § 4(d) Rate Filing: AGT- be effective 10/1/2018. Commission in determining the Bay State K510804 11–1–18 Releases to Filed Date: 10/30/18. appropriate action to be taken, but will be effective 11/1/2018. Accession Number: 20181030–5203. not serve to make protestants parties to Filed Date: 10/30/18. Comments Due: 5 p.m. ET 11/13/18. the proceeding. Any person wishing to Accession Number: 20181030–5066. Docket Numbers: RP19–156–000. become a party must file a notice of Comments Due: 5 p.m. ET 11/13/18. Applicants: Central Kentucky intervention or motion to intervene, as Docket Numbers: RP19–149–000. Transmission Company. appropriate. Such notices, motions, or Applicants: Pine Prairie Energy Description: eTariff filing per 1440: protests must be filed on or before the Center, LLC. Central Kentucky Limited Section 4 Tax comment date. Anyone filing a motion Description: § 4(d) Rate Filing: Pine Reduction Filing to be effective 12/1/ to intervene or protest must serve a copy Prairie Energy Center, LLC—Proposed 2018. of that document on the Petitioner. Revisions to FERC Gas Tariff to be Filed Date: 10/30/18. The Commission encourages effective 11/30/2018. Accession Number: 20181030–5209. electronic submission of protests and Filed Date: 10/30/18. Comments Due: 5 p.m. ET 11/13/18. interventions in lieu of paper using the Accession Number: 20181030–5099. The filings are accessible in the ‘‘eFiling’’ link at http://www.ferc.gov. Comments Due: 5 p.m. ET 11/13/18. Commission’s eLibrary system by Persons unable to file electronically Docket Numbers: RP19–150–000. clicking on the links or querying the should submit an original and 5 copies Applicants: Texas Eastern docket number. of the protest or intervention to the Transmission, LP. Any person desiring to intervene or Federal Energy Regulatory Commission, Description: § 4(d) Rate Filing: protest in any of the above proceedings 888 First Street NE, Washington, DC Negotiated Rates eff 11–1–2018—ConEd must file in accordance with Rules 211 20426 NJNY Releases to be effective 11/1/2018. and 214 of the Commission’s This filing is accessible on-line at Filed Date: 10/30/18. Regulations (18 CFR 385.211 and http://www.ferc.gov, using the Accession Number: 20181030–5119. 385.214) on or before 5:00 p.m. Eastern ‘‘eLibrary’’ link and is available for Comments Due: 5 p.m. ET 11/13/18. time on the specified comment date. review in the Commission’s Public Docket Numbers: RP19–151–000. Protests may be considered, but Reference Room in Washington, DC.

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There is an ‘‘eSubscription’’ link on the Description: Carson Hybrid Energy Filed Date: 10/30/18. website that enables subscribers to Storage LLC Submits EWG Self- Accession Number: 20181030–5206. receive email notification when a Certification. Comments Due: 5 p.m. ET 11/20/18. document is added to a subscribed Filed Date: 10/31/18. Docket Numbers: ER19–228–000. docket(s). For assistance with any FERC Accession Number: 20181031–5179. Applicants: Arizona Public Service Online service, please email Comments Due: 5 p.m. ET 11/21/18. Company. [email protected], or call Take notice that the Commission Description: § 205(d) Rate Filing: (866) 208–3676 (toll free). For TTY, call received the following electric rate Service Agreement No. 369—LCWCD to (202) 502–8659. filings: be effective 10/1/2018. Comment Date: 5:00 p.m. Eastern time Docket Numbers: ER19–220–000. Filed Date: 10/30/18. on November 30, 2018. Applicants: Southern California Accession Number: 20181030–5207. Dated: October 31, 2018. Edison Company. Comments Due: 5 p.m. ET 11/20/18. Description: § 205(d) Rate Filing: SCE Nathaniel J. Davis, Sr., Docket Numbers: ER19–229–000. 2019 TRBAA Update to be effective 1/ Applicants: Allegheny Ridge Wind Deputy Secretary. 1/2019. [FR Doc. 2018–24240 Filed 11–5–18; 8:45 am] Farm, LLC. Filed Date: 10/30/18. Description: Baseline eTariff Filing: BILLING CODE 6717–01–P Accession Number: 20181030–5121. Reactive Power Compensation Filing to Comments Due: 5 p.m. ET 11/20/18. be effective 12/30/2018. Docket Numbers: ER19–221–000. DEPARTMENT OF ENERGY Filed Date: 10/31/18. Applicants: San Diego Gas & Electric Accession Number: 20181031–5031. Company. Comments Due: 5 p.m. ET 11/21/18. Federal Energy Regulatory Description: § 205(d) Rate Filing: TO5 Commission Formula Tariff Filing to be effective 1/ Docket Numbers: ER19–230–000. Applicants: Southwest Power Pool, Combined Notice of Filings #1 1/2019. Filed Date: 10/30/18. Inc. Description: § 205(d) Rate Filing: Take notice that the Commission Accession Number: 20181030–5125. 2891R4 AECC and Entergy Arkansas received the following electric corporate Comments Due: 5 p.m. ET 11/20/18. Attachment AO to be effective 10/1/ filings: Docket Numbers: ER19–223–000. Applicants: MidWest Power. 2018. Docket Numbers: EC19–20–000. Description: Baseline eTariff Filing: Filed Date: 10/31/18. Applicants: Beech Ridge Energy LLC, Application for Market Based Rate to be Accession Number: 20181031–5040. Beech Ridge Energy II LLC, Beech Ridge effective 1/1/2019. Comments Due: 5 p.m. ET 11/21/18. Energy II Holdings LLC, Beech Ridge Filed Date: 10/30/18. Docket Numbers: ER19–231–000. Energy Storage LLC, Camilla Solar Accession Number: 20181030–5161. Applicants: Dynegy Oakland, LLC. Energy LLC, Buckeye Wind Energy LLC, Comments Due: 5 p.m. ET 11/20/18. Description: § 205(d) Rate Filing: Grand Ridge Energy LLC, Grand Ridge Docket Numbers: ER19–224–000. Annual Reliability Must Run Agreement Energy II LLC, Grand Ridge Energy III Applicants: Southwest Power Pool, and Schedule F Informational Filings to LLC, Grand Ridge Energy IV LLC, Grand Inc. be effective 1/1/2019. Ridge Energy V LLC, Grand Ridge Description: § 205(d) Rate Filing: Filed Date: 10/31/18. Energy Storage LLC, Gratiot County Revisions to Attachment Y to Add Accession Number: 20181031–5054. Wind LLC, Gratiot County Wind II LLC, Competitive Upgrade Re-Eevaluation Comments Due: 5 p.m. ET 11/21/18. Hardin Wind Energy LLC, Hardin Wind Process to be effective 12/29/2018. Docket Numbers: ER19–232–000. Energy Holdings LLC, Invenergy TN Filed Date: 10/30/18. LLC, Judith Gap Energy LLC, Pine River Applicants: Midcontinent Accession Number: 20181030–5195. Independent System Operator, Inc. Wind Energy LLC, Prairie Breeze Wind Comments Due: 5 p.m. ET 11/20/18. Description: § 205(d) Rate Filing: Energy II LLC, Prairie Breeze Wind Docket Numbers: ER19–225–000. _ Energy III LLC, Sheldon Energy LLC, 2018–10–31 SA 3194 OSER-Ameren Applicants: Arizona Public Service Illinois GIA (J641) to be effective 10/17/ Spring Canyon Energy LLC, States Edge Company. Wind I LLC, States Edge Wind I 2018. Description: Tariff Cancellation: Filed Date: 10/31/18. Holdings LLC, Stony Creek Energy LLC, Cancellation of Service Agreement No. Upstream Wind Energy LLC, Vantage Accession Number: 20181031–5055. 368 to be effective 12/31/2018. Comments Due: 5 p.m. ET 11/21/18. Wind Energy LLC, Willow Creek Energy Filed Date: 10/30/18. LLC, Wolverine Creek Energy LLC, Accession Number: 20181030–5196. Docket Numbers: ER19–233–000. Wolverine Creek Goshen Comments Due: 5 p.m. ET 11/20/18. Applicants: California Power Interconnection, LLC. Docket Numbers: ER19–226–000. Exchange Corporation. Description: Application for Applicants: Wisconsin Public Service Description: § 205(d) Rate Filing: Rate Authorization Under Section 203 of the Corporation. Filing for Rate Period 34 to be effective Federal Power Act, et al. of Beech Ridge Description: § 205(d) Rate Filing: 1/1/2019. Energy LLC, et al. WPSC Rate Filing W–1A Tariff and Rate Filed Date: 10/31/18. Filed Date: 10/31/18. Schedule No. 87 to be effective 11/1/ Accession Number: 20181031–5070. Comments Due: 5 p.m. ET 11/21/18. Accession Number: 20181031–5194. 2018. Comments Due: 5 p.m. ET 11/21/18. Filed Date: 10/30/18. Docket Numbers: ER19–234–000. Accession Number: 20181030–5197. Applicants: Grant Wind, LLC. Take notice that the Commission Comments Due: 5 p.m. ET 11/20/18. Description: Initial rate filing: received the following exempt Docket Numbers: ER19–227–000. Amended and Restated Co-Tenancy and wholesale generator filings: Applicants: Entergy Services, LLC. Shared Facilities Agreement Filing to be Docket Numbers: EG19–14–000. Description: § 205(d) Rate Filing: effective 11/1/2018. Applicants: Carson Hybrid Energy Entergy Services, LLC to be effective 10/ Filed Date: 10/31/18. Storage LLC. 30/2018. Accession Number: 20181031–5074.

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Comments Due: 5 p.m. ET 11/21/18. must file in accordance with Rules 211 • Email: Send comments by Docket Numbers: ER19–235–000. and 214 of the Commission’s electronic mail (email) to: ORD.Docket@ Applicants: Startrans IO, LLC. Regulations (18 CFR 385.211 and epa.gov, Attention Docket ID No. EPA– Description: § 205(d) Rate Filing: 385.214) on or before 5:00 p.m. Eastern HQ–ORD–2015–0765. TRBAA 2019 Update to be effective 1/ time on the specified comment date. • Fax: Fax comments to: (202) 566– 1/2019. Protests may be considered, but 0224, Attention Docket ID No. EPA– Filed Date: 10/31/18. intervention is necessary to become a HQ–ORD–2015–0765. Accession Number: 20181031–5084. party to the proceeding. • Mail: Send comments by mail to: Comments Due: 5 p.m. ET 11/21/18. eFiling is encouraged. More detailed Board of Scientific Counselors (BOSC) Docket Numbers: ER19–236–000. information relating to filing Homeland Security Subcommittee Applicants: Grant Plains Wind, LLC. requirements, interventions, protests, Docket, Mail Code: 2822T, 1301 Description: Initial rate filing: service, and qualifying facilities filings Constitution Ave. NW, Washington, DC Amended and Restated Co-Tenancy and can be found at: http://www.ferc.gov/ 20004, Attention Docket ID No. EPA– Shared Facilities Agreement Filing to be docs-filing/efiling/filing-req.pdf. For HQ–ORD–2015–0765. effective 11/1/2018. other information, call (866) 208–3676 • Hand Delivery or Courier: Deliver Filed Date: 10/31/18. (toll free). For TTY, call (202) 502–8659. comments to: EPA Docket Center (EPA/ Accession Number: 20181031–5109. Dated: October 31, 2018. DC), Room 3334, William Jefferson Comments Due: 5 p.m. ET 11/21/18. Nathaniel J. Davis, Sr., Clinton West Building, 1301 Docket Numbers: ER19–237–000. Deputy Secretary. Constitution Ave. NW, Washington, DC, Applicants: PJM Interconnection, Attention Docket ID No. EPA–HQ– [FR Doc. 2018–24241 Filed 11–5–18; 8:45 am] L.L.C. ORD–2015–0765. Note: this is not a Description: § 205(d) Rate Filing: BILLING CODE 6717–01–P mailing address. Deliveries are only Original ISA SA No. 5225; Queue No. accepted during the docket’s normal AB2–059 to be effective 10/3/2018. hours of operation, and special Filed Date: 10/31/18. ENVIRONMENTAL PROTECTION arrangements should be made for Accession Number: 20181031–5126. AGENCY deliveries of boxed information. Comments Due: 5 p.m. ET 11/21/18. [EPA–HQ–ORD–2015–0765; FRL–9986–12– Instructions: Direct your comments to Docket Numbers: ER19–238–000. ORD] Docket ID No. EPA–HQ–ORD–2015– Applicants: PJM Interconnection, 0765. The EPA’s policy is that all L.L.C. Board of Scientific Counselors (BOSC) comments received will be included in Description: § 205(d) Rate Filing: Homeland Security Subcommittee the public docket without change and Original ISA SA No. 5222; Queue No. Meeting—December 2018 may be made available online at AB2–169 to be effective 10/2/2018. www.regulations.gov including any Filed Date: 10/31/18. AGENCY: Environmental Protection personal information provided unless Accession Number: 20181031–5151. Agency (EPA). the comment includes information Comments Due: 5 p.m. ET 11/21/18. ACTION: Notice of meeting. claimed to be Confidential Business Docket Numbers: ER19–239–000. Information (CBI) or other information Applicants: Florida Power & Light SUMMARY: Pursuant to the Federal whose disclosure is restricted by statute. Company. Advisory Committee Act, Public Law Do not submit information that you Description: § 205(d) Rate Filing: FPL 92–463, the U.S. Environmental consider to be CBI or otherwise Revisions to GTC Rate Schedule FERC Protection Agency (EPA), Office of protected through www.regulations.gov No. 321 to be effective 1/1/2019. Research and Development (ORD), gives or email. The www.regulations.gov Filed Date: 10/30/18. notice of a meeting of the Board of website is an ‘‘anonymous access’’ Accession Number: 20181030–5250. Scientific Counselors (BOSC) Homeland system, which means the EPA will not Comments Due: 5 p.m. ET 11/20/18. Security Subcommittee. know your identity or contact Take notice that the Commission DATES: The meeting will be held on information unless you provide it in the received the following electric securities Wednesday, December 12, 2018, from 8 body of your comment. If you send an filings: a.m. to 5 p.m., Thursday, December 13, email comment directly to the EPA Docket Numbers: ES19–4–000. 2018, from 8 a.m. until 5 p.m. and without going through Applicants: Nantucket Electric Friday, December 14, 2018 from 8 a.m. www.regulations.gov, your email Company, The Narragansett Electric until 1 p.m. All times noted are Eastern address will be automatically captured Company, Niagara Mohawk Power Time and approximate. The meeting and included as part of the comment Corporation, New England Hydro- may adjourn early if all business is that is placed in the public docket and Transmission Electric Company, Inc., finished. Attendees should register by made available on the internet. If you National Grid Generation LLC. December 5, 2018. Requests for making submit an electronic comment, the EPA Description: Joint Application under oral presentations at the meeting will be recommends that you include your Section 204 of the Federal Power Act for accepted up to one business day before name and other contact information in Authorization to Issue Securities of the meeting. the body of your comment and with any Nantucket Electric Company, et al. ADDRESSES: The meeting will be held at disk or CD–ROM you submit. If the EPA Filed Date: 10/31/18. the EPA’s RTP Main Campus Facility, cannot read your comment due to Accession Number: 20181031–5203. 109 T.W. Alexander Drive, Research technical difficulties and cannot contact Comments Due: 5 p.m. ET 11/21/18. Triangle Park, NC 27711. Submit your you for clarification, the EPA may not The filings are accessible in the comments, identified by Docket ID No. be able to consider your comment. Commission’s eLibrary system by EPA–HQ–ORD–2015–0765, by one of Electronic files should avoid the use of clicking on the links or querying the the following methods: special characters, any form of docket number. • www.regulations.gov: Follow the encryption, and be free of any defects or Any person desiring to intervene or on-line instructions for submitting viruses. For additional information protest in any of the above proceedings comments. about the EPA’s public docket visit the

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EPA Docket Center homepage at http:// and the draft Strategic Research Action 1977, codified at 42 U.S.C. 7409(d)(2), to www.epa.gov/dockets/. Plan, Review of charge questions, and review air quality criteria and National Docket: All documents in the docket Subcommittee discussion. Ambient Air Quality Standards are listed in the www.regulations.gov Information on Services for (NAAQS) and recommend any new index. Although listed in the index, Individuals with Disabilities: For NAAQS and revisions of existing some information is not publicly information on access or services for criteria and NAAQS as may be available, e.g., CBI or other information individuals with disabilities, please appropriate. The CASAC shall also: whose disclosure is restricted by statute. contact Tom Tracy at (202) 564–6518 or Advise the EPA Administrator of areas Certain other material, such as [email protected]. To request in which additional knowledge is copyrighted material, will be publicly accommodation of a disability, please required to appraise the adequacy and available only in hard copy. Publicly contact Tom Tracy, preferably at least basis of existing, new, or revised available docket materials are available ten days prior to the meeting, to give the NAAQS; describe the research efforts either electronically in EPA as much time as possible to process necessary to provide the required www.regulations.gov or in hard copy at your request. information; advise the EPA Administrator on the relative the Board of Scientific Counselors Dated October 26, 2018. (BOSC) Homeland Security contribution to air pollution Fred S. Hauchman, Subcommittee Docket, EPA/DC, William concentrations of natural as well as Jefferson Clinton West Building, Room Director, Office of Science Policy. anthropogenic activity; and advise the 3334, 1301 Constitution Ave. NW, [FR Doc. 2018–24268 Filed 11–5–18; 8:45 am] EPA Administrator of any adverse Washington, DC. The Public Reading BILLING CODE 6560–50–P public health, welfare, social, economic, Room is open from 8:30 a.m. to 4:30 or energy effects which may result from p.m., Monday through Friday, excluding various strategies for attainment and ENVIRONMENTAL PROTECTION legal holidays. The telephone number maintenance of such NAAQS. The AGENCY for the Public Reading Room is (202) CASAC is a Federal Advisory 566–1744, and the telephone number for [FRL–9985–90–OA] Committee chartered under the Federal the ORD Docket is (202) 566–1752. Advisory Committee Act (FACA), 5 FOR FURTHER INFORMATION CONTACT: The Notification of a Public Teleconference U.S.C., App. 2. Designated Federal Officer via mail at: of the Chartered Clean Air Scientific As amended, 5 U.S.C., App. Section 109(d)(1) of the Clean Air Act (CAA) Tom Tracy, Mail Code 8104R, Office of Advisory Committee (CASAC) requires that EPA carry out a periodic Science Policy, Office of Research and AGENCY: Environmental Protection review and revision, as appropriate, of Development, U.S. Environmental Agency (EPA). the air quality criteria and the NAAQS Protection Agency, 1200 Pennsylvania ACTION: for the six ‘‘criteria’’ air pollutants, Ave. NW, Washington, DC 20460; via Notice. including ozone. On October 10, 2018, phone/voice mail at: (202) 564–6518; SUMMARY: The Environmental Protection Acting Administrator Andrew Wheeler via fax at: (202) 565–2911; or via email Agency (EPA) Science Advisory Board announced (https://www.epa.gov/ at: [email protected]. (SAB) Staff Office announces a public newsreleases/acting-administrator- SUPPLEMENTARY INFORMATION: teleconference of the Chartered Clean wheeler-announces-science-advisors- General Information: The meeting is Air Scientific Advisory Committee key-clean-air-act-committee) that the open to the public. Any member of the (CASAC) provide advice on EPA’s seven-member Chartered CASAC will public interested in receiving a draft Integrated Review Plan for the Review of serve as the body to review the key agenda, attending the meeting, or the Ozone National Ambient Air Quality scientific assessments for the Ozone making a presentation at the meeting Standards (External Review Draft). NAAQS review. may contact Tom Tracy, the Designated DATES: The Chartered CASAC Pursuant to FACA and EPA policy, Federal Officer, via any of the contact teleconference will be held on notice is hereby given that the Chartered methods listed in the FOR FURTHER Thursday, November 29, 2018, from 10 CASAC will hold a public INFORMATION CONTACT section above. a.m. to 2 p.m. (Eastern Time). teleconference to provide advice on Individuals making an oral presentation EPA’s Integrated Review Plan for the will be limited to a total of three LOCATION: The teleconference will be held by telephone only. Review of the Ozone National Ambient minutes. For security purposes, all Air Quality Standards (External Review FOR FURTHER INFORMATION CONTACT: attendees must provide their names to Any Draft). The Chartered CASAC will the Designated Federal Officer or member of the public wishing to obtain comply with the provisions of FACA register online at https://epa-bosc- information concerning the and all appropriate SAB Staff Office homelandsecurity- teleconference may contact Mr. Aaron procedural policies. subcommittee.eventbrite.com by Yeow, Designated Federal Officer Technical Contacts: Any technical December 5, 2018, and must go through (DFO), EPA Science Advisory Board questions concerning the Integrated a metal detector, sign in with the Staff Office (1400R), U.S. Environmental Review Plan for the Review of the Ozone security desk, and show REAL ID Act- Protection Agency, 1200 Pennsylvania National Ambient Air Quality compliant government-issued photo Avenue NW, Washington, DC 20460; by Standards (External Review Draft) identification to enter the building. telephone at (202) 564–2050 or at should be directed to Dr. Deirdre Attendees are encouraged to arrive at [email protected]. General Murphy ([email protected]), least 15 minutes prior to the start of the information about the CASAC, as well EPA Office of Air and Radiation. meeting to allow sufficient time for as any updates concerning the Availability of Meeting Materials: security screening. Proposed agenda teleconference announced in this notice, Prior to the meeting, the review items for the meeting include but are may be found on the CASAC web page documents, agenda and other materials not limited to the following: Overview at http://www.epa.gov/casac. will be available on the CASAC web of materials provided to the SUPPLEMENTARY INFORMATION: The page at http://www.epa.gov/casac/. subcommittee, update on ORD’s CASAC was established pursuant to the Procedures for Providing Public Input: Homeland Security Research Program Clean Air Act (CAA) Amendments of Public comment for consideration by

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EPA’s federal advisory committees and preferably at least ten days prior to each technical aspects of issues related to the panels has a different purpose from meeting to give EPA as much time as criteria for air quality standards, public comment provided to EPA possible to process your request. research related to air quality, sources of program offices. Therefore, the process Dated: October 25, 2018. air pollution, and of adverse effects for submitting comments to a federal Khanna Johnston, which may result from various strategies advisory committee is different from the to attain and maintain air quality Acting Director, EPA Science Advisory Staff process used to submit comments to an Office. standards. The CASAC is a Federal EPA program office. Federal advisory Advisory Committee chartered under [FR Doc. 2018–24269 Filed 11–5–18; 8:45 am] committees and panels, including the Federal Advisory Committee Act scientific advisory committees, provide BILLING CODE 6560–50–P (FACA), 5 U.S.C., App. 2. Section independent advice to EPA. Members of 109(d)(1) of the CAA requires that the the public can submit relevant ENVIRONMENTAL PROTECTION Agency periodically review and revise, comments on the topic of this advisory AGENCY as appropriate, the air quality criteria activity, including the charge to the and the NAAQS for the six ‘‘criteria’’ air CASAC and the EPA review documents, [FRL–9986–13–OA] pollutants, including particulate matter. and/or the group conducting the EPA is currently reviewing the NAAQS activity, for the CASAC to consider as Notification of a Public Meeting of the for particulate matter (PM). it develops advice for EPA. Input from Chartered Clean Air Scientific Advisory On October 10, 2018, Acting the public to the CASAC will have the Committee (CASAC) Administrator Andrew Wheeler most impact if it provides specific AGENCY: Environmental Protection announced (https://www.epa.gov/ scientific or technical information or Agency (EPA). newsreleases/acting-administrator- analysis for CASAC to consider or if it ACTION: Notice. wheeler-announces-science-advisors- relates to the clarity or accuracy of the key-clean-air-act-committee) that the technical information. Members of the SUMMARY: The EPA Science Advisory seven-member Chartered CASAC will public wishing to provide comment Board (SAB) Staff Office announces a serve as the body to review the should follow the instructions below to public meeting of the Chartered Clean remaining key scientific assessments for submit comments. Air Scientific Advisory Committee the PM NAAQS review. Oral Statements: In general, (CASAC) to peer review EPA’s Pursuant to FACA and EPA policy, individuals or groups requesting an oral Integrated Science Assessment (ISA) for notice is hereby given that the Chartered presentation at a public meeting will be Particulate Matter (External Review CASAC will hold a public meeting to limited to five minutes. Each person Draft—October 2018). peer review EPA’s Integrated Science making an oral statement should DATES: The Chartered CASAC meeting Assessment (ISA) for Particulate Matter consider providing written comments as will be on Wednesday, December 12, (External Review Draft—October 2018). well as their oral statement so that the 2018, from 9:00 a.m. to 5:30 p.m. The Chartered CASAC will comply with points presented orally can be expanded (Eastern Time) and on Thursday, the provisions of FACA and all upon in writing. Interested parties December 13, 2018, from 8:30 a.m. to appropriate SAB Staff Office procedural should contact Mr. Aaron Yeow, DFO, 3:30 p.m. (Eastern Time). policies. Technical Contacts: Any technical in writing (preferably via email) at the ADDRESSES: The public meeting will be questions concerning the Integrated contact information noted above by held at the Crystal Gateway Marriott, November 23, 2018, to be placed on the Science Assessment for Particulate 1700 Jefferson Davis Highway, Matter (External Review Draft—October list of public speakers. Arlington, Virginia 22202. Written Statements: Written 2018) should be directed to Mr. Jason statements will be accepted throughout FOR FURTHER INFORMATION CONTACT: Any Sacks ([email protected]). the advisory process; however, for member of the public wishing to obtain Availability of Meeting Materials: timely consideration by CASAC information concerning the public Prior to the meeting, the review members, statements should be meeting may contact Mr. Aaron Yeow, documents, agenda and other materials supplied to the DFO (preferably via Designated Federal Officer (DFO), EPA will be accessible through the calendar email) at the contact information noted Science Advisory Board Staff Office link on the blue navigation bar at http:// above by November 23, 2018. It is the (1400R), U.S. Environmental Protection www.epa.gov/casac/. SAB Staff Office general policy to post Agency, 1200 Pennsylvania Avenue Procedures for Providing Public Input: written comments on the web page for NW, Washington, DC 20460; by Public comment for consideration by the advisory meeting or teleconference. telephone/voice mail at (202) 564–2050 EPA’s federal advisory committees and Submitters are requested to provide an or at [email protected]. General panels has a different purpose from unsigned version of each document information about the CASAC, as well public comment provided to EPA because the SAB Staff Office does not as any updates concerning the meeting program offices. Therefore, the process publish documents with signatures on announced in this notice, may be found for submitting comments to a federal its websites. Members of the public on the EPA website at http:// advisory committee is different from the should be aware that their personal www.epa.gov/casac. process used to submit comments to an contact information, if included in any SUPPLEMENTARY INFORMATION: The EPA program office. Federal advisory written comments, may be posted to the CASAC was established pursuant to the committees and panels, including CASAC website. Copyrighted material Clean Air Act (CAA) Amendments of scientific advisory committees, provide will not be posted without explicit 1977, codified at 42 U.S.C. 7409(d)(2), to independent advice to EPA. Members of permission of the copyright holder. review air quality criteria and NAAQS the public can submit relevant Accessibility: For information on and recommend any new NAAQS and comments on the topic of this advisory access or services for individuals with revisions of existing criteria and activity, including the charge to the disabilities, please contact Mr. Aaron NAAQS as may be appropriate. The CASAC and the EPA review documents, Yeow at (202) 564–2050 or yeow.aaron@ CASAC shall also provide advice, and/or the group conducting the epa.gov. To request accommodation of a information, and recommendations to activity, for the CASAC to consider as disability, please contact Mr. Yeow the Administrator on the scientific and it develops advice for EPA. Input from

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the public to the CASAC will have the FEDERAL COMMUNICATIONS information collection, contact Cathy most impact if it provides specific COMMISSION Williams at (202) 418–2918. To view a copy of this information collection scientific or technical information or [OMB 3060–0270, OMB 3060–0463 and OMB analysis for CASAC to consider or if it 3060–3060–1215] request (ICR) submitted to OMB: (1) Go relates to the clarity or accuracy of the to the web page , public wishing to provide comment Submitted for Review and Approval to (2) look for the section of the web page should follow the instructions below to the Office of Management and Budget called ‘‘Currently Under Review,’’ (3) submit comments. click on the downward-pointing arrow AGENCY: Federal Communications in the ‘‘Select Agency’’ box below the Oral Statements: In general, Commission. ‘‘Currently Under Review’’ heading, (4) individuals or groups requesting an oral ACTION: Notice and request for select ‘‘Federal Communications presentation at a public meeting will be comments. Commission’’ from the list of agencies limited to five minutes. Each person presented in the ‘‘Select Agency’’ box, making an oral statement should SUMMARY: As part of its continuing effort (5) click the ‘‘Submit’’ button to the consider providing written comments as to reduce paperwork burdens, and as right of the ‘‘Select Agency’’ box, (6) well as their oral statement so that the required by the Paperwork Reduction when the list of FCC ICRs currently points presented orally can be expanded Act (PRA) of 1995, the Federal under review appears, look for the OMB upon in writing. Interested parties Communications Commission (FCC or control number of this ICR and then should contact Mr. Aaron Yeow, DFO, the Commission) invites the general click on the ICR Reference Number. A in writing (preferably via email) at the public and other Federal agencies to copy of the FCC submission to OMB contact information noted above by take this opportunity to comment on the will be displayed. following information collection. December 5, 2018, to be placed on the SUPPLEMENTARY INFORMATION: As part of Comments are requested concerning: list of public speakers. its continuing effort to reduce Whether the proposed collection of paperwork burdens, and as required by Written Statements: Written information is necessary for the proper the Paperwork Reduction Act (PRA) of statements will be accepted throughout performance of the functions of the 1995 (44 U.S.C. 3501–3520), the Federal the advisory process; however, for Commission, including whether the Communications Commission (FCC or timely consideration by CASAC information shall have practical utility; the Commission) invites the general members, statements should be the accuracy of the Commission’s public and other Federal agencies to supplied to the DFO (preferably via burden estimate; ways to enhance the take this opportunity to comment on the email) at the contact information noted quality, utility, and clarity of the following information collection. information collected; ways to minimize above by December 5, 2018. It is the Comments are requested concerning: the burden of the collection of SAB Staff Office general policy to post Whether the proposed collection of information on the respondents, written comments on the web page for information is necessary for the proper including the use of automated the advisory meeting or teleconference. performance of the functions of the collection techniques or other forms of Submitters are requested to provide an Commission, including whether the information technology; and ways to unsigned version of each document information shall have practical utility; further reduce the information because the SAB Staff Office does not the accuracy of the Commission’s collection burden on small business publish documents with signatures on burden estimate; ways to enhance the concerns with fewer than 25 employees. its websites. Members of the public quality, utility, and clarity of the The Commission may not conduct or should be aware that their personal information collected; ways to minimize sponsor a collection of information contact information, if included in any the burden of the collection of unless it displays a currently valid written comments, may be posted to the information on the respondents, Office of Management and Budget including the use of automated CASAC website. Copyrighted material (OMB) control number. No person shall collection techniques or other forms of will not be posted without explicit be subject to any penalty for failing to information technology; and ways to permission of the copyright holder. comply with a collection of information further reduce the information Accessibility: For information on subject to the PRA that does not display collection burden on small business access or services for individuals with a valid OMB control number. concerns with fewer than 25 employees. disabilities, please contact Mr. Aaron DATES: Written comments should be OMB Control No.: 3060–0270. Yeow at (202) 564–2050 or yeow.aaron@ submitted on or before December 6, Title: Section 90.443, Content of epa.gov. To request accommodation of a 2018. If you anticipate that you will be Station Records. disability, please contact Mr. Yeow submitting comments, but find it Form No.: N/A. preferably at least ten days prior to each difficult to do so within the period of Type of Review: Extension of a meeting to give EPA as much time as time allowed by this notice, you should currently approved collection. possible to process your request. advise the contacts listed below as soon Respondents: Business or other for- as possible. Dated: October 29, 2018. profit, not-for-profit institutions, and ADDRESSES: Direct all PRA comments to Khanna Johnston, state, local or tribal government. Nicholas A. Fraser, OMB, via email Number of Respondents: 52,383 Acting Director, EPA Science Advisory Staff [email protected]; and respondents; 52,383 responses. Office. to Cathy Williams, FCC, via email PRA@ Estimated Time per Response: .25 [FR Doc. 2018–24266 Filed 11–5–18; 8:45 am] fcc.gov and to [email protected]. hours. BILLING CODE 6560–50–P Include in the comments the OMB Frequency of Response: control number as shown in the Recordkeeping requirement. SUPPLEMENTARY INFORMATION below. Obligation to Respond: Required to FOR FURTHER INFORMATION CONTACT: For obtain or retain benefits. Statutory additional information or copies of the authority for this collection of

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information is contained in 47 U.S.C. Privacy Act, 5 U.S.C. 552a, the access to TRS. See also 47 CFR Section 303(j), as amended. Commission also published a SORN, 64.604(c)(3). Total Annual Burden: 13,096 hours. FCC/CGB–1 ‘‘Informal Complaints, In 2007, the Commission also released Annual Cost Burden: No cost. Inquiries, and Requests for Dispute the 2007 Cost Recovery Report and Privacy Act Impact Assessment: No Assistance,’’ in the Federal Register on Order and Declaratory Ruling, impact(s). August 15, 2014 (79 FR 48152) which published at 73 FR 3197, January 17, Nature and Extent of Confidentiality: became effective on September 24, 2014. 2008, in which the Commission: There is no need for confidentiality with Privacy Impact Assessment: The FCC (1) Adopted a new cost recovery this collection of information. completed a Privacy Impact Assessment methodology for interstate traditional Needs and Uses: The information (PIA) on June 28, 2007. It may be TRS and interstate STS based on the collection requirements contained reviewed at https://www.fcc.gov/ Multi-state Average Rate Structure under Section 90.443(b) require that general/privacy-act-information#pia. (MARS) plan, under which interstate each licensee of a station shall maintain The Commission is in the process of TRS compensation rates are determined records for all stations by providing the updating the PIA to incorporate various by weighted average of the states’ dates and pertinent details of any revisions to it as a result of revisions to intrastate compensation rates, and maintenance performed on station the SORN. which includes for STS additional equipment, along with the name and Needs and Uses: On December 21, compensation approved by the address of the service technician who 2001, the Commission released the 2001 Commission for STS outreach; did the work. If all maintenance is TRS Cost Recovery Order, document (2) requires STS providers to file a performed by the same technician or FCC 01–371, published at 67 FR 4203, report annually with the TRS Fund service company, the name and address January 29, 2002, in which the administrator and the Commission on need be entered only once in the station Commission: their specific outreach efforts directly (1) Directed the Interstate records. attributable to the additional Telecommunications Relay Services The information collection compensation approved by the (TRS) Fund (TRS Fund) administrator to requirements under Section 90.443(c) Commission for STS outreach. continue to use the average cost per require that at least one licensee (3) adopted a new cost recovery minute compensation methodology for participating in the cost arrangement methodology for interstate captioned must maintain cost sharing records. the traditional TRS compensation rate; (2) required TRS providers to submit telephone service (CTS), as well as OMB Control Number: 3060–0463. internet Protocol captioned telephone Title: Telecommunications Relay certain projected TRS-related cost and service (IP CTS), based on the MARS Services and Speech-to-Speech Services demand data to the TRS Fund plan; for Individuals With Hearing and administrator to be used to calculate the (4) adopted a cost recovery Speech Disabilities, CG Docket No. 03– rate; and methodology for internet Protocol (IP) 123. (3) directed the TRS Fund Relay based on price caps; Form Number: N/A. administrator to expand its form for Type of Review: Revision of a providers to itemize their actual and (5) adopted a cost recovery currently approved collection. projected costs and demand data, and to methodology for VRS that adopted Respondents: Business or other for- include specific sections to capture tiered rates based on call volume; profit; Individuals or household; State, speech-to-speech (STS) and video relay (6) clarified the nature and extent that Local and Tribal Government. service (VRS) costs and minutes of use. certain categories of costs are Number of Respondents and In 2003, the Commission released the compensable from the Fund; and Responses: 5,072 respondents; 7,314 2003 Second Improved TRS Order, (7) addressed certain issues responses. published at 68 FR 50973, August 25, concerning the management and Estimated Time per Response: 0.5 2003, which among other things oversight of the Fund, including hours (30 minutes) to 80 hours. required that TRS providers offer certain prohibiting financial incentives offered Frequency of Response: Annually, local exchange carrier (LEC)-based to consumers to make relay calls. monthly, on occasion, and one-time improved services and features where In 2018, the Commission released the reporting requirements; Recordkeeping technologically feasible, including a IP CTS Modernization Order, published and Third-Party Disclosure speed dialing requirement which may at 83 FR 30082, June 27, 2018, in which requirements. entail voluntary recordkeeping for TRS the Commission: Obligation to Respond: Required to providers to maintain a list of telephone (1) Determined that it would obtain or retain benefit. The statutory numbers. See also 47 CFR transition the methodology for IP CTS authority for the information collection 64.604(a)(3)(vi)(B). cost recovery from the MARS plan to requirements is found at section 225 of In 2007, the Commission released the cost-based rates and adopted interim the Communications Act, 47 U.S.C. 225. Section 225/255 VoIP Report and Order, rates; and The law was enacted on July 26, 1990, published at 72 FR 43546, August 6, (2) added two cost reporting as Title IV of the ADA, Public Law 101– 2007, extending the disability access requirements for IP CTS providers: (i) In 336, 104 Stat. 327, 366–69. requirements that apply to annual cost data filings and Total Annual Burden: 12,342 hours. telecommunications service providers supplementary information provided to Total Annual Cost: $10,800. and equipment manufacturers under 47 the TRS Fund administrator, IP CTS Nature and Extent of Confidentiality: U.S.C. 225, 255 to interconnected voice providers that contract for the supply of Confidentiality is an issue to the extent over internet protocol (VoIP) service services used in the provision of TRS, that individuals and households providers and equipment shall include information about provide personally identifiable manufacturers. As a result, under rules payments under such contracts, information, which is covered under the implementing section 225 of the Act, classified according to the substantive FCC’s updated system of records notice interconnected VoIP service providers cost categories specified by the TRS (SORN), FCC/CGB–1, ‘‘Informal are required to publicize information Fund administrator; and (ii) in the Complaints, Inquiries, and Requests for about telecommunications relay services course of an audit or otherwise upon Dispute Assistance.’’ As required by the (TRS) and 711 abbreviated dialing demand, IP CTS providers must make

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available any relevant documentation. Section 25.136 of the Commission’s the issues and challenges underserved 47 CFR 64.604(c)(5)(iii)(D)(1), (6). Rules. The Commission added the 24 households perceive when deciding OMB Control Number: 3060–1215. GHz band and the 47 GHz band (47.2– how and where to conduct financial Title: Use of Spectrum Bands Above 48.2 GHz) to the bands that are subject transactions. 24 GHz for Mobile Radio Services. to the framework for sharing between DATES: Comments must be submitted on Form Number: N/A. the Upper Microwave Flexible Use or before January 7, 2019. Type of Review: Revision of an Service (UMFUS) and the Fixed- ADDRESSES: Interested parties are existing collection. Satellite Service (FSS) established in invited to submit written comments to Respondents: Business or other for- that rule. In addition, the Commission the FDIC by any of the following profit, not-for-profit institutions, and modified the sharing criteria between state, local and tribal government. methods: UMFUS and FSS to facilitate • http://www.FDIC.gov/regulations/ Number of Respondents: 280 deployment of FSS earth stations in respondents; 280 responses. laws/federal/notices.html. smaller markets and decrease the • Estimated Time per Response: .5–10 Email: [email protected]. Include possibility of conflicts between UMFUS the name and number of the collection hours. and FSS. Frequency of Response: On occasion in the subject line of the message. Section 25.136—This rule contains • Mail: Manny Cabeza (202–898– reporting requirement; third party both a third-party coordination disclosure requirement; upon 3767), Counsel, MB–3007, Federal requirement and a filing requirement. Deposit Insurance Corporation, 550 17th commencement of service, or within 3 Both requirements are necessary to years of effective date of rules; and at Street NW, Washington, DC 20429. ensure that Fixed Satellite Service earth • end of license term, or 2024 for Hand Delivery: Comments may be stations can receive interference hand-delivered to the guard station at incumbent licensees. protection without having an undue Obligation to Respond: Statutory the rear of the 17th Street NW, building impact on terrestrial deployment. authority for this collection are (located on F Street), on business days contained in sections 1, 2, 3, 4, 5, 7, 10, Federal Communications Commission. between 7:00 a.m. and 5:00 p.m. 201, 225, 227, 301, 302, 302a, 303, 304, Marlene Dortch, All comments should refer to OMB 307, 309, 310, 316, 319, 332, and 336 of Secretary, Office of the Secretary. control number 3064–0167. A copy of the comments may also be submitted to the Communications Act of 1934, 47 [FR Doc. 2018–24183 Filed 11–5–18; 8:45 am] the OMB desk officer for the FDIC: U.S.C. 151, 152, 153, 154, 155, 157, 160, BILLING CODE 6712–01–P 201, 225, 227, 301, 302, 302a, 303, 304, Office of Information and Regulatory 307, 309, 310, 316, 319, 332, 336, Affairs, Office of Management and Section 706 of the Telecommunications Budget, New Executive Office Building, FEDERAL DEPOSIT INSURANCE Washington, DC 20503. Act of 1996, as amended, 47 U.S.C. CORPORATION 1302. FOR FURTHER INFORMATION CONTACT: Total Annual Burden: 615 hours. Agency Information Collection Manny Cabeza, Counsel, (202) 898– Total Annual Cost: $450,000. Activities: Proposed Revision of 3767, [email protected], MB–3007, Privacy Act Impact Assessment: No Information Collection; National Federal Deposit Insurance Corporation, impact(s). Survey of Unbanked and Underbanked 550 17th Street NW, Washington, DC Nature and Extent of Confidentiality: Households; Comment Request (3064– 20429. There is no need for confidentiality with 0167) SUPPLEMENTARY INFORMATION: The FDIC this collection of information. is considering possible revisions to the Needs and Uses: In this collection, the AGENCY: Federal Deposit Insurance following collection of information: Commission adopted new licensing, Corporation (FDIC). Title: National Survey of Unbanked service, and technical rules under Part ACTION: Notice and request for comment. and Underbanked Households. 30 of the Commission’s Rules for the OMB Number: 3064–0167. 24.25–24.45 GHz and 24.75–25.25 GHz SUMMARY: The FDIC, as part of its Frequency of Response: Once. bands (collectively, 24 GHz band), the obligations under the Paperwork Affected Public: U.S. Households. 27.5–28.35 GHz band (28 GHz band), Reduction Act of 1995 (PRA), invites the Estimated Number of Respondents: the 38.6–40 GHz band (39 GHz band), general public and other Federal 40,000. the 37–38.6 GHz band (37 GHz band), agencies to take this opportunity to Average time per response: 9 minutes the 47.2–48.2 GHz band (47 GHz band). comment on the survey collection (0.15 hours) per respondent. Therefore, the Commission expanded instrument for its sixth National Survey Estimated Total Annual Burden: 0.15 the scope of the rules to include of Unbanked and Underbanked hours × 40,000 respondents = 6,000 additional bands. In turn, since the rules Households (Household Survey), hours. now apply in additional bands, the currently approved under OMB Control General Description of Collection: The number of respondents, the annual No. 3064–0167, scheduled to be FDIC recognizes that public confidence number of responses, annual burden conducted in partnership with the U.S. in the banking system is strengthened hours and annual costs will increase for Census Bureau as a supplement to its when banks effectively serve the this collection. The Commission also June 2019 Current Population Survey broadest possible set of consumers. As authorizes unlicensed use in the 64–71 (CPS). The survey seeks to measure and a result, the agency is committed to GHz band under Part 15. In so doing, track economic inclusion among U.S. increasing economic inclusion in the the Commission created a consistent households, and to identify the factors financial mainstream by ensuring that framework across all of the bands that that inhibit the participation of these all Americans have access to safe, can serve as a template for additional households in the mainstream banking secure, and affordable banking services. bands in the future. system and opportunities to expand the The National Survey of Unbanked and The rules adopted by the use of banking services among Underbanked Households is one Commission, in FCC 17–152 and FCC underserved consumers. The results of contribution to this end. 18–73 revise the previously approved these ongoing surveys will help The National Survey of Unbanked and information collection relating to policymakers and bankers understand Underbanked Households is also a key

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component of the FDIC’s efforts to not make greater use of mainstream FEDERAL TRADE COMMISSION comply with a Congressional mandate banking services. [File No. 171 0068] contained in section 7 of the Federal To obtain this information, the FDIC Deposit Insurance Reform Conforming partners with the U.S. Census Bureau, Linde AG and Praxair, Inc.; Analysis To Amendments Act of 2005 (‘‘Reform which administers the Household Aid Public Comment Act’’) (Pub. L. 109–173), which calls for Survey supplement (‘‘FDIC the FDIC to conduct ongoing surveys AGENCY: Federal Trade Commission. Supplement’) to households that ‘‘on efforts by insured depository ACTION: Proposed Consent Agreement. institutions to bring those individuals participate in the CPS. The supplement and families who have rarely, if ever, has been administered every other year SUMMARY: The consent agreement in this held a checking account, a savings since January 2009. The previous survey matter settles alleged violations of account or other type of transaction or questionnaires and survey results can be federal law prohibiting unfair methods check cashing account at an insured accessed through the following link: of competition. The attached Analysis to depository institution (hereafter in this http://www.economicinclusion.gov/ Aid Public Comment describes both the section referred to as the ‘unbanked’) surveys/. allegations in the complaint and the into the conventional finance system.’’ Consistent with the statutory mandate terms of the consent orders—embodied in the consent agreement—that would Section 7 further instructs the FDIC to to conduct the surveys on an ongoing settle these allegations. consider several factors in its conduct of basis, the FDIC already has in place DATES: the surveys, including: (1) ‘‘What arrangements for conducting the sixth Comments must be received on or before November 21, 2018. cultural, language and identification Household Survey as a supplement to issues as well as transaction costs the June 2019 CPS. ADDRESSES: Interested parties may file a appear to most prevent ‘unbanked’ comment online or on paper, by individuals from establishing However, prior to finalizing the next following the instructions in the conventional accounts’’; and (2) ‘‘what survey questionnaire, the FDIC seeks to Request for Comment part of the is a fair estimate of the size and worth solicit public comment on whether SUPPLEMENTARY INFORMATION section of the ‘‘unbanked’’ market in the United changes to the existing instrument are below. Write: ‘‘Linde AG and Praxair, States.’’ The National Survey of desirable and, if so, to what extent. It Inc.; File No. 1710068’’ on your Unbanked and Underbanked should be noted that, as a supplement comment, and file your comment online Households is designed to address these of the CPS survey, the Household at https://ftcpublic.commentworks.com/ factors and provide a factual basis on Survey needs to adhere to specific ftc/praxairlindedivest/ by following the the proportions of unbanked parameters that include limits in the instructions on the web-based form. If households. Such a factual basis is length and sensitivity of the questions you prefer to file your comment on necessary to adequately assess banks’ that can be asked of CPS respondents. paper, write ‘‘Linde AG and Praxair, efforts to serve these households as Interested members of the public may Inc.; File No. 1710068’’ on your required by the statutory mandate. The obtain a copy of the proposed survey comment and on the envelope, and mail National Survey of Unbanked and questionnaire on the following web your comment to the following address: Underbanked Households is the only page: https://www.fdic.gov/regulations/ Federal Trade Commission, Office of the population-representative survey laws/federal/2018/2019-draft- Secretary, 600 Pennsylvania Avenue conducted at the national level that household-survey-questionnaire.pdf NW, Suite CC–5610 (Annex D), provides state-level estimates of the size Washington, DC 20580, or deliver your and characteristics of unbanked and Request for Comment comment to the following address: underbanked households for all 50 Federal Trade Commission, Office of the Comments are invited on: (a) Whether states and the District of Columbia. Secretary, Constitution Center, 400 7th the collection of information is The FDIC supplement collects Street SW, 5th Floor, Suite 5610 (Annex necessary for the proper performance of D), Washington, DC 20024. nationally-representative data, not the FDIC’s functions, including whether FOR FURTHER INFORMATION CONTACT: otherwise available, to measure and the information has practical utility; (b) track economic inclusion, and assess the Jordan S. Andrew (202–326–3678), the accuracy of the estimates of the accessibility and sustainability of Bureau of Competition, 600 burden of the information collections, banking relationships. The survey Pennsylvania Avenue NW, Washington, including the validity of the identifies different banking status DC 20580. methodology and assumptions used; (c) groups, including unbanked and SUPPLEMENTARY INFORMATION: Pursuant underbanked consumers. In identifying ways to enhance the quality, utility, and to Section 6(f) of the Federal Trade underbanked consumers, the FDIC clarity of the information to be Commission Act, 15 U.S.C. 46(f), and considers households that have bank collected; and (d) ways to minimize the FTC Rule 2.34, 16 CFR 2.34, notice is accounts but also substantially rely on burden of the collection of information hereby given that the above-captioned nonbank financial services to meet basic on respondents, including through the consent agreement containing a consent financial needs such as receiving use of automated collection techniques order to cease and desist, having been income, paying bills, saving and storing or other forms of information filed with and accepted, subject to final money, and accessing basic consumer technology. All comments will become approval, by the Commission, has been credit. There is an emphasis on services a matter of public record. placed on the public record for a period that are disproportionately relied on by Dated at Washington, DC, on November 1, of thirty (30) days. The following the unbanked, and are provided by a 2018. Analysis to Aid Public Comment company or firm, as opposed to those Federal Deposit Insurance Corporation. describes the terms of the consent accessed informally through agreement, and the allegations in the individuals. The survey captures the use Robert E. Feldman, complaint. An electronic copy of the of a range of bank and nonbank Executive Secretary. full text of the consent agreement products, and other data to help assess [FR Doc. 2018–24228 Filed 11–5–18; 8:45 am] package can be obtained from the FTC the reasons why some households do BILLING CODE 6714–01–P Home Page (for October 22, 2018), on

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the World Wide Web, at https:// which . . . is privileged or stations, and a helium purification www.ftc.gov/news-events/commission- confidential’’—as provided by Section facility; one liquid hydrogen production actions. 6(f) of the FTC Act, 15 U.S.C. 46(f), and facility, as well as equipment, contracts, You can file a comment online or on FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— and related assets. Linde also will divest paper. For the Commission to consider including in particular competitively assets related to its excimer laser gas your comment, we must receive it on or sensitive information such as costs, business to Messer. before November 21, 2018. Write ‘‘Linde sales statistics, inventories, formulas, Separately, Linde will divest five AG and Praxair, Inc.; File No. 1710068’’ patterns, devices, manufacturing facilities that produce hydrogen and on your comment. Your comment— processes, or customer names. carbon monoxide (‘‘HyCO’’) for on-site including your name and your state— Comments containing material for customers, along with Linde’s hydrogen will be placed on the public record of which confidential treatment is pipeline in the Gulf Coast and related this proceeding, including, to the extent requested must be filed in paper form, customer contracts, to Matheson Tri- practicable, on the public Commission must be clearly labeled ‘‘Confidential,’’ Gas, Inc. (‘‘Matheson’’). Lastly, Linde website, at https://www.ftc.gov/policy/ and must comply with FTC Rule 4.9(c). will divest two additional HyCO plants public-comments. In particular, the written request for to their respective owners. Linde will Postal mail addressed to the confidential treatment that accompanies divest its HyCO plant in Clear Lake, Commission is subject to delay due to the comment must include the factual Texas to Celanese Corporation heightened security screening. As a and legal basis for the request, and must (‘‘Celanese’’) and its HyCO plant in La result, we encourage you to submit your identify the specific portions of the Porte, Texas to LyondellBasell comments online. To make sure that the comment to be withheld from the public Industries N.V. (‘‘LyondellBasell’’). Commission considers your online record. See FTC Rule 4.9(c). Your Praxair and Linde have agreed to comment, you must file it at https:// comment will be kept confidential only divest the required facilities and assets ftcpublic.commentworks.com/ftc/ if the General Counsel grants your to the aforementioned buyers, or to praxairlindedivest/ by following the request in accordance with the law and alternative Commission-approved instructions on the web-based form. If the public interest. Once your comment buyers, within 120 days after signing the this Notice appears at http:// has been posted on the public FTC Consent Agreement. Praxair and Linde www.regulations.gov/#!home, you also website—as legally required by FTC will hold their businesses separate until may file a comment through that Rule 4.9(b)—we cannot redact or they have accomplished the divestitures website. remove your comment from the FTC to Messer and Matheson. The If you prefer to file your comment on website, unless you submit a divestiture of these facilities and related paper, write ‘‘Linde AG and Praxair, confidentiality request that meets the assets will preserve the competition Inc.; File No. 1710068’’ on your requirements for such treatment under between Praxair and Linde that the comment and on the envelope, and mail FTC Rule 4.9(c), and the General proposed merger would otherwise your comment to the following address: Counsel grants that request. eliminate. Federal Trade Commission, Office of the The proposed Consent Agreement Visit the FTC website at http:// Secretary, 600 Pennsylvania Avenue will be on the public record for thirty www.ftc.gov to read this Notice and the NW, Suite CC–5610 (Annex D), days, so that interested persons may news release describing it. The FTC Act Washington, DC 20580, or deliver your submit comments. Comments that the and other laws that the Commission comment to the following address: Commission receives during this period administers permit the collection of Federal Trade Commission, Office of the will become part of the public record. public comments to consider and use in Secretary, Constitution Center, 400 7th After thirty days, the Commission will this proceeding, as appropriate. The Street SW, 5th Floor, Suite 5610 (Annex again review the proposed Consent Commission will consider all timely D), Washington, DC 20024. If possible, Agreement and the comments received, and responsive public comments that it submit your paper comment to the and will decide whether it should receives on or before November 21, Commission by courier or overnight withdraw from the proposed Consent 2018. For information on the service. Agreement, modify it, or make final the Commission’s privacy policy, including Because your comment will be placed accompanying Decision and Order. on the publicly accessible FTC website routine uses permitted by the Privacy at https://www.ftc.gov, you are solely Act, see https://www.ftc.gov/site- II. The Transaction responsible for making sure that your information/privacy-policy. On June 1, 2017, Linde and Praxair comment does not include any sensitive Analysis of Proposed Consent Order To entered into an agreement and plan of or confidential information. In Aid Public Comment merger, in a transaction valued at particular, your comment should not approximately $80 billion. Pursuant to include any sensitive personal I. Introduction the terms of their agreement, the parties information, such as your or anyone The Federal Trade Commission will initiate a stock-for-stock exchange else’s Social Security number; date of (‘‘Commission’’) has accepted, subject to to form a new company under the Linde birth; driver’s license number or other final approval, an Agreement name with headquarters split between state identification number, or foreign Containing Consent Orders (‘‘Consent Danbury, Connecticut and Munich, country equivalent; passport number; Agreement’’) designed to remedy the Germany. The Commission’s Complaint financial account number; or credit or anticompetitive effects resulting from alleges that the proposed merger, if debit card number. You are also solely the proposed merger of Praxair, Inc. consummated, would violate Section 7 responsible for making sure that your (‘‘Praxair’’) and Linde AG (‘‘Linde’’). of the Clayton Act, as amended, 15 comment does not include any sensitive Pursuant to the Consent Agreement, U.S.C. 18, and Section 5 of the Federal health information, such as medical Linde will divest the following assets to Trade Commission Act, as amended, 15 records or other individually Messer Group GmbH (‘‘Messer’’): Thirty- U.S.C. 45, by substantially lessening identifiable health information. In two air separation units (‘‘ASUs’’); competition in the United States in addition, your comment should not sixteen carbon dioxide facilities; source markets for bulk liquid oxygen; bulk include any ‘‘trade secret or any contracts for nearly one billion cubic liquid nitrogen; bulk liquid argon; bulk commercial or financial information feet of helium, twelve helium transfill liquid carbon dioxide; bulk liquid

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hydrogen; bulk refined helium; on-site bulk liquid oxygen, bulk liquid would become significantly more hydrogen; on-site carbon monoxide; and nitrogen, or bulk liquid argon in concentrated following the proposed excimer laser gases. cryogenic trailers that hold the gas in merger. The proposed merger would liquid form. The liquid form is more consolidate two of the leading suppliers III. The Parties condensed than the gaseous form, and of bulk liquid oxygen and bulk liquid Praxair is an international industrial therefore easier to transport and store in nitrogen in each of these areas. For bulk gas and surface technology company large quantities. Bulk liquid gases are liquid argon, there are five significant headquartered in Danbury, Connecticut. then stored in tanks located at customer suppliers in the United States. Praxair is The company primarily serves sites. From there, customers can use the the second-largest domestic producer of industrial and specialty gas customers product in its liquid form, or convert it bulk liquid argon. The proposed merger in manufacturing, metals, and chemicals back to its gaseous form before use. would eliminate one of the largest industries. Praxair is the third-largest Small-volume customers purchase suppliers and substantially increase industrial gas supplier globally by nitrogen, oxygen, or argon in cylinders concentration in the U.S. bulk liquid revenue. In the United States, Praxair containing the product in gaseous form. argon market, creating a highly owns forty-one ASUs and twenty-eight Typically, smaller customers receive gas concentrated market. carbon dioxide facilities. In 2017, cylinders from distributors that V. The Relevant Markets for Bulk Praxair’s revenue totaled approximately purchase products from industrial gas Liquid Carbon Dioxide $11.4 billion, about $5 billion of which suppliers in bulk liquid form. It is derived from business in the United impractical for bulk liquid oxygen, bulk Carbon dioxide is a ‘‘process gas,’’ States. liquid nitrogen, or bulk liquid argon which means that it is captured as a by- Linde, headquartered in Munich, customers to switch distribution product of other manufacturing Germany, is a global supplier of methods, as their demand is too great to processes, such as ethanol, ammonia, industrial gases, homecare respiratory satisfy efficiently with cylinders, but too and hydrogen. Crude carbon dioxide services, and engineering services to small to justify the expense of on-site or also derives from natural sources, such customers in the healthcare, chemicals, pipeline delivery. as natural gas wells. Suppliers convert and energy industries. Linde is the For atmospheric gases, the ratio of the and distill crude carbon dioxide into second-largest global industrial gas product’s value to its transportation final liquid form using a cryogenic supplier worldwide. In the United costs largely determines the relevant process at plants often located near States, Linde owns thirty-two ASUs and geographic market. Due to the relatively carbon dioxide gas sources. The most thirty-five carbon dioxide facilities. In low sales prices of bulk liquid oxygen common applications for liquid carbon 2017, Linde generated approximately and bulk liquid nitrogen and the dioxide are in food and beverage $20.2 billion in total revenue. Linde’s significant freight costs associated with production. For example, customers 2017 U.S. revenue totaled transporting them, these gases can ship, commonly use carbon dioxide in approximately $4.4 billion, of which economically, a maximum distance of processes to carbonate beverages and about $2.5 billion derived from its approximately 100 to 250 miles from the chill or freeze food. For the majority of LinCare home healthcare business. ASU that produces the gas. Therefore, it its applications, liquid carbon dioxide has no viable substitutes. IV. The Relevant Markets for Bulk is appropriate to analyze the competitive effects of the proposed Suppliers deliver liquid carbon Liquid Oxygen, Bulk Liquid Nitrogen, dioxide to customers in bulk trailers or and Bulk Liquid Argon merger in regional geographic markets for bulk liquid oxygen and bulk liquid rail cars. Most customers store liquid Oxygen, nitrogen, and argon are nitrogen. The relevant geographic carbon dioxide in tanks located at their ‘‘atmospheric gases,’’ present in the markets in which to analyze the effects manufacturing facilities. Customers Earth’s atmosphere in varying amounts. of the proposed merger upon bulk liquid would not switch to cylinder delivery Industrial gas suppliers like Linde and oxygen and bulk liquid nitrogen are the because bulk delivery is far cheaper, Praxair produce atmospheric gases for a following regions: (1) The Northeast; (2) and they would have to manage range of customer applications and the Mid-Atlantic; (3) Upstate and significantly more deliveries to meet industries, such as oil and gas, Western New York; (4) the Carolinas; (5) their needs. In addition, customers steelmaking, health care, and food Northern Florida and Surrounding would not consider self-sourcing liquid manufacturing. Oxygen, nitrogen, and Areas; (6) Atlanta and Surrounding carbon dioxide unless the cost increased argon are three of the most widely used Areas; (7) the Pacific Northwest; (8) significantly more than ten percent, atmospheric industrial gases. Each Northern California; (9) Southern because of the costs to build necessary atmospheric gas has specific properties California; (10) Arkansas and infrastructure and the limited sources of that make it uniquely suited for its Surrounding Areas; (11) Northern Texas carbon dioxide available. respective applications. For most of and Surrounding Areas; (12) Southern Due to the significant freight costs these applications, there is no substitute Texas; (13) the Central Gulf Coast; (14) associated with transporting liquid for oxygen, nitrogen, or argon. the Eastern Midwest; (15) Greater carbon dioxide relative to its sales price, Suppliers distribute atmospheric Chicago; (16) Missouri and Surrounding suppliers can only ship liquid carbon gases to customers in different forms Areas; and (17) Puerto Rico. Because dioxide economically up to 250 miles and methods, depending on the volume bulk liquid argon is rarer and more by truck. In areas with few or no carbon of gas that the customer requires. expensive than bulk liquid oxygen and dioxide sources, liquid carbon dioxide Customers that require extremely large bulk liquid nitrogen, suppliers can is shipped as much as 750 miles by rail. volumes receive atmospheric gases from transport it economically much greater Therefore, it is appropriate to analyze on-site ASUs located at their facilities, distances. Therefore, the relevant the competitive effects of the proposed or via pipelines connecting ASUs to geographic area in which to analyze the merger in regional geographic markets customer sites. Bulk customers require effects of the proposed merger on the for bulk liquid carbon dioxide. For bulk gas volumes that are substantial, but not bulk liquid argon market is the United liquid carbon dioxide, the relevant large enough to justify on-site or States. geographic markets in which to analyze pipeline gas delivery. For bulk Each of the relevant markets for bulk the effects of the proposed merger customers, suppliers typically transport liquid oxygen and bulk liquid nitrogen include the following regions: (1)

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Northern California; (2) Southern domestically. Suppliers source helium Linde and Praxair are two of just four California; (3) the Southeast; (4) the primarily from a few large sources, and main suppliers of bulk liquid hydrogen Mid-Atlantic; (5) the Rocky Mountains; ship helium from those sources to in the United States. The U.S. bulk (6) the Plains; (7) Southern Texas; (8) customers around the world. Therefore, liquid hydrogen market is highly the Eastern Midwest; and (9) Greater it is appropriate to analyze the concentrated, and Praxair is the largest Chicago. competitive effects of the proposed producer of bulk liquid hydrogen in the The proposed merger would combine merger using a worldwide market for United States. The proposed merger the largest and third-largest suppliers of bulk refined helium. would remove one of the few bulk bulk liquid carbon dioxide in the United The market for bulk refined helium is liquid hydrogen suppliers from the States. In each relevant geographic highly concentrated. Linde and Praxair market. market for bulk liquid carbon dioxide, are two of only five companies in the the merged firm would control a high world with access to significant VIII. The Relevant Market For HyCO share of capacity. Further, Linde and quantities of bulk refined helium. The HyCO is the industry term for the on- Praxair are the two closest suppliers for proposed transaction combines the site provision of hydrogen and carbon numerous customers across multiple largest and third-largest bulk refined monoxide gas. The same chemical relevant geographic markets, and the helium suppliers in the world. Post- process produces both gases, so one gas merger would eliminate a close merger, the combined entity would is always the by-product of the other. constraint on pricing of bulk liquid control two-fifths of the global helium Plants that produce hydrogen and carbon dioxide. supply. carbon monoxide create a mixture called synthesis gas (or ‘‘syngas’’), VI. The Relevant Market for Bulk VII. The Relevant Market for Bulk which producers separate into its Refined Helium Liquid Hydrogen constituent parts using a cryogenic Both Linde and Praxair are suppliers Hydrogen is a non-atmospheric gas process. of bulk refined helium. Bulk refined produced as a by-product of other HyCO includes separate product helium has specific properties that make processes, including natural gas markets for on-site hydrogen and carbon it uniquely suited for its applications. extraction and petrochemical monoxide, because the two gases are not For example, because helium has the production. Most crude hydrogen comes substitutes for each other. For most lowest boiling point of any element, from third-party feedstocks. Industrial applications, there are no viable liquid helium is valuable as a cooling gas suppliers purify and liquefy crude substitutes for hydrogen or carbon agent in superconductivity for medical hydrogen before distributing it to monoxide. Likewise, customers cannot applications, such as magnetic customers. Customers use liquid substitute bulk delivery for on-site resonance imaging (‘‘MRI’’), and certain hydrogen for a range of applications supply of hydrogen or carbon manufacturing applications. For most across several industries. For example, monoxide, and so on-site supply of applications, there is no substitute for liquid hydrogen has applications in these gases is a distinct product market, bulk refined helium, and customers are space programs as a primary rocket fuel as well. unlikely to switch to another gas or and as a propellant for nuclear powered There are three main types of HyCO product, even if the price of bulk refined rockets and space vehicles, in plants: (1) The steam methane reformer helium increased by five to ten percent. hydrogenation and clean energy storage, (‘‘SMR’’); (2) the partial oxidation plant Suppliers distribute refined helium to and as an active ingredient in chemical (‘‘POX’’); and (3) the autothermal customers in cylinder form or bulk manufacturing processes. reformation plant (‘‘ATR’’). Each plant form, depending on the customers’ Customers that require very large type produces different proportions of volume requirements. Customers that quantities of hydrogen on a regular basis hydrogen and carbon monoxide. SMRs require large volumes of refined helium typically receive the gas via an on-site produce the highest proportion of generally purchase the gas in bulk form. plant or pipeline. For customers that hydrogen relative to carbon monoxide. Suppliers often package bulk refined require a small amount of hydrogen, POX and ATR plants produce these helium in containers called ‘‘dewars,’’ cylinders are most economical. gases in more equal proportions. For and then distribute the product in liquid Customers that require more hydrogen most on-site hydrogen customers, form to customers. For customers that than can be practicably supplied with suppliers build on-site SMRs; however, require helium in its gaseous state, cylinders, but not enough volume to for customers that need on-site carbon suppliers can convert bulk refined justify the costs of on-site or pipeline monoxide, suppliers will typically helium from liquid to gaseous form. delivery, typically receive bulk liquid construct POX or ATR plants. On-site Suppliers distribute bulk quantities of delivery. For most applications, there HyCO customers usually conduct a gaseous helium in high-pressure ‘‘tube are no viable economic alternatives to competitive bidding process several trailers.’’ Customers obtain helium in bulk liquid hydrogen. Further, because years in advance of a plant’s opening. bulk form because it is the most cost- distribution methods depend on volume This bidding process is the source of effective way to purchase the high requirements, customers cannot switch most competition in the HyCO market. volume of refined helium that they to cylinders or on-site distribution if The customer and winning bidder require. Accordingly, customers would bulk prices were to increase. typically enter into long-term contracts not switch distribution methods for The relevant geographic market for that lock-in prices and other terms. their purchases of refined helium, even bulk liquid hydrogen is national. The The majority of HyCO plants in the if the prices of bulk refined helium value of bulk liquid hydrogen relative to United States are SMRs built for oil and distributed by one method increased by the cost of transportation is the primary petrochemical companies that only five to ten percent. factor in defining the relevant require hydrogen. Carbon monoxide Helium is a rare and expensive gas geographic market. Liquid hydrogen’s customers are few in number, but large that can be, and is, transported high value and limited production in size and gas needs—most are economically on a worldwide basis. allows suppliers to transport it over long chemical companies that produce acetic Capacity and demand for helium distances economically and more acid, polyurethane, and other produced abroad influences the capacity efficiently than hydrogen in bulk compounds. HyCO plants are expensive, and demand for helium produced gaseous form. costing from $30 million to over $400

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million, depending on size and type. The semiconductor industry is the gases would pay higher prices in the The industrial gas supplier usually main customer base for excimer laser relevant areas. absorbs the cost of building the plant, gases in the United States. Excimer laser The proposed merger would also and then yields the return from a long- gases generate ultraviolet light in enhance the likelihood of collusion or term (fifteen to twenty year) supply excimer lasers, a component of coordinated action among remaining contract with the customer. HyCO is a photolithography machines. In addition, firms in these relevant markets, because critical input for its customers’ excimer laser gases have applications in the merger would eliminate a significant products, and HyCO plants often annealing processes to produce display competitor from each market, leaving a integrate into customers’ production screens and for medical ablation, a small number of viable competitors. In sites. Accordingly, HyCO customers minimally invasive process that cuts addition, certain market conditions, require suppliers to have engineering human tissue with minimal scarring such as the relative homogeneity of and operational expertise, as well as a (e.g., LASIK vision surgery). suppliers and products, and the demonstrated history and reputation of The relevant geographic market for transparency of detailed market successfully operating HyCO plants. excimer laser gases is at least as broad information, are conducive to Relevant geographic markets for on- as the United States. U.S. suppliers ship coordination among competing site hydrogen and carbon monoxide are excimer laser gases to customer sites suppliers. These conditions also national. HyCO suppliers are generally around the country and the world. enhance the ability of competitors able to serve customers in all areas of Suppliers source excimer laser gas engaged in a coordinated scheme to the country. The Gulf Coast region is a inputs, such as neon, domestically and detect and punish deviations from the distinct submarket within the broader internationally. Although international scheme. national markets for on-site hydrogen customers may not distinguish between XI. Entry excimer laser gases produced and carbon monoxide, as it has the New entry into the relevant markets highest concentration of HyCO domestically or abroad, U.S. excimer would not occur in a timely manner customers anywhere in the United laser gas customers prefer suppliers that sufficient to deter or counteract the States. There, hydrogen pipelines serve have domestic production facilities and likely adverse competitive effects of the multiple customers from a single HyCO sources of neon. proposed merger. Entry into the bulk plant or serve as backup. Hydrogen Before supplying excimer laser gases liquid oxygen, nitrogen, and argon pipelines allow HyCO suppliers to offer to customers, suppliers must complete markets is costly, difficult, and unlikely customers lower prices than they could qualification processes with both laser because of, among other things, the time with a dedicated on-site plant at the manufacturers and individual customers and cost required to construct the ASUs customer’s location. Consequently, to ensure that their excimer laser gases that produce these products. HyCO suppliers are only competitive in meet purity, quality, and other Constructing an ASU at a scale areas of the Gulf Coast where they have specifications. Each qualification takes sufficient to be viable in the market hydrogen pipeline networks. three to eighteen months, and costs at would cost at least $30 to $100 million, U.S. markets for on-site hydrogen and least $125,000. Customers cannot switch most of which are sunk costs. Moreover, carbon monoxide are highly from excimer laser gases to another it is not economically justifiable to build concentrated. Praxair is a market leader, product because there is no substitute an ASU unless a significant amount of and Linde represents one of a limited that produces the same wavelength of the plant’s capacity has been pre-sold number of viable alternative HyCO light, and switching to another supplier prior to construction, either to an on-site suppliers. The proposed merger would often requires additional qualifications, customer or to customers with remove one of the few HyCO suppliers resources, and time. commitments under contract. Such pre- from the market. The market for excimer laser gases in sale opportunities occur infrequently the United States is highly concentrated. IX. The Relevant Market for Excimer and unpredictably and can take several Linde and Praxair have a combined Laser Gases years to secure. share of approximately 70 percent in Entry into the bulk liquid carbon Excimer laser gases are a subset of this market, and the proposed merger dioxide market would also not be specialty gases commonly used to serve would reduce the number of domestic timely, likely, or sufficient to deter or customers in the electronics industry, suppliers from four to three. counteract the adverse competitive such as semiconductor or liquid crystal effects of the proposed merger. X. Effects of the Acquisition display manufacturers. Excimer lasers Constructing a plant capable of use gas mixtures, typically containing The proposed merger would eliminate producing bulk liquid carbon dioxide multiple noble gases (e.g., neon, direct and substantial competition would cost at least $5 to $30 million. In krypton, or xenon) and, occasionally, a between Praxair and Linde in each of addition, successful entry into the bulk halogen gas (e.g., fluorine or chlorine). the relevant markets, provide the liquid carbon dioxide market requires Suppliers of excimer laser gases merged firm with an enhanced ability to access to raw carbon dioxide supply produce or source noble and halogen increase prices unilaterally, and sources, which are typically unavailable gases worldwide, then purify and blend eliminate a competitor for gas customers due to long-term contracts with these gases into products that they in markets where alternative sources of incumbent liquid carbon dioxide distribute to customers in cylinders. supply are limited. The proposed suppliers. Neon comprises 95 to 99 percent of merger, therefore, likely would allow New entry into the bulk liquid most excimer laser gases, with other rare the merged firm to exercise market hydrogen market is unlikely to be timely and halogen gases making up the power unilaterally, increasing the or sufficient to counteract the proposed remainder. Neon, krypton, and xenon likelihood that purchasers of bulk liquid transaction’s likely anticompetitive are present in the air in extremely small oxygen, bulk liquid nitrogen, bulk effects. Liquid hydrogen production amounts, and industrial gas companies liquid argon, bulk liquid carbon facilities require years to construct and produce them only at very large ASUs dioxide, bulk liquid hydrogen, bulk considerable capital to finance. Further, with specialized equipment to capture refined helium, on-site hydrogen, on- customers require liquid hydrogen these trace gases. site carbon monoxide, and excimer laser suppliers to have backup supply and be

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able to deliver product to their sites. A several years and cost hundreds of network of helium transfills across the firm is more likely to succeed if it has million dollars to construct. In addition, United States. All of Linde’s helium a portfolio of diversified liquid an entrant would have to produce or customer contracts in the United States, hydrogen sources, as well as a reliable otherwise secure other input gases, as Canada, Brazil, Colombia, and Chile are distribution network, which would well as supply, logistics, and included in the divestiture. The require substantial time, resources, and distribution infrastructure and proposed Consent Agreement also investments to obtain. employees. An entrant would also have provides Messer with the requisite Timely, sufficient entry into the bulk to construct a facility to blend excimer number of dewars, tube trailers, and refined helium market is extremely laser gases. Finally, an entrant would helium ISO containers to serve its unlikely, if not impossible. The most have to qualify its products with laser helium customers worldwide. significant impediment to entry is manufacturers and customers, which The proposed Consent Agreement securing a source of refined helium. A involves testing gas blends at a customer also requires Linde to divest to new entrant would need to secure plants. The costs of entry would be Matheson five on-site hydrogen SMRs to multiple sources of refined helium, difficult to justify, as the total U.S. Matheson, along with Linde’s hydrogen acquire necessary transportation and excimer laser gas market is only around pipeline in the Gulf Coast and all storage equipment, and establish a $40 million. relevant customer contracts. The distribution infrastructure. Market proposed divestiture includes Linde’s incumbents secure all available sources XII. The Consent Agreement SMR facilities in Anacortes, of refined helium in long-term contracts. The proposed Consent Agreement Washington; Lemont, Illinois; Lima, A new entrant would need to locate a aims to eliminate the competitive Ohio; McIntosh, Alabama; and Saraland, new source of crude helium and build concerns that the proposed merger Alabama. The SMR assets also include a refinery. In addition, an entrant would raises in each relevant market. It Linde’s Remote Operating Center in La need to invest tens of millions of dollars requires Linde to divest to Messer all Porte, Texas, the ‘‘control center’’ for to acquire necessary infrastructure and thirty-two of its U.S. ASUs, along with Linde’s on-site hydrogen business. In distribution assets, including transfills, related equipment, supply contracts, addition, Linde will divest its POX cryogenic storage trailers, high-pressure technology, and goodwill, in the plants in Clear Lake, Texas, and La tube trailers, and liquid dewars capable seventeen bulk liquid oxygen and Porte, Texas, back to their customers, of transporting helium from the refinery nitrogen markets at issue in this matter. Celanese and LyondellBasell, to customers. Given the substantial costs With the divestitures, the merger will respectively. This divestiture will and challenges of entering the bulk not increase concentration in any resolve the competitive issues that these refined helium market, new entry market for bulk liquid nitrogen, oxygen, customers would otherwise face post- sufficient to counteract the competitive or argon. As part of the divestiture, merger, as they will be able operate the effects of the proposed merger would Messer will acquire all of Linde’s facilities themselves or contract with not occur in a timely manner. customer contracts and bulk tanks one of the firms with a nearby hydrogen Entry into the HyCO market requires located at the customer locations. pipeline. engineering expertise, experience in The proposed Consent Agreement To address competitive concerns in designing and operating the various also requires Linde to divest to Messer the market for excimer laser gases, the types of HyCO plants, significant capital sixteen carbon dioxide facilities, proposed Consent Agreement also resources, and a proven record of including production plants and all requires Linde to divest to Messer all of success with HyCO customers. It would associated rail depots. Linde will divest Linde’s customer contracts, intellectual take several years and substantial all existing contracts with customers property, and key Linde staff to sustain investments for a new entrant to supplied by the respective carbon business operations and customer develop the expertise, experience, dioxide facilities. Additionally, all relationships. Neon-producing ASUs reputation, and credibility necessary to assets used to support the distribution will also be included in the asset compete in the HyCO market. A new of bulk liquid carbon dioxide will be package. To ensure a seamless transfer, HyCO facility costs $30 to $300 million, part of the divestiture, including Linde has agreed to supply its finished depending on the plant size and product trailers, tractors, and rail cars. excimer laser gas products to Messer for mix. Further, in the Gulf Coast, a Linde must also divest to Messer its a period of three years (with possible hydrogen pipeline is an added barrier to entire bulk liquid hydrogen business, extensions of time). This supply enter the HyCO market. Existing which includes Linde’s liquid hydrogen agreement will give Messer sufficient pipelines are scarce in this region, and production facility in Magog, Quebec, time to construct or renovate a facility building a new pipeline requires source agreements, and four hydrogen and obtain OEM and customer substantial time and resources that few transfills. Linde will divest all assets certification. The proposed Decision firms have. Finally, opportunities to related to the bulk liquid hydrogen and Order also requires Linde to compete for new or existing HyCO business including, among other things, underwrite the cost of building Messer’s customers are limited, as HyCO supply employee contracts and information, new facility. If Messer does not contracts are long-term, and customers customer and supply contracts, leases, commence construction of the plant invariably award contracts to proven distribution trailers, and equipment within one year, then Linde must suppliers. necessary to distribute bulk liquid rescind its sale of the excimer laser gas New entry sufficient to deter or avert hydrogen. business to Messer and divest it to a the proposed merger’s anticompetitive The proposed Consent Agreement Commission-approved acquirer. effects in the market for excimer laser requires Linde to divest to Messer all of Linde and Praxair have agreed to gases is unlikely to occur. The principal Linde’s U.S. bulk refined helium divest the required facilities, together barrier to new entry is sourcing neon, business, as well as global helium with all related equipment, customer which accounts for just 0.0018 percent sourcing contracts, which, when and supply contracts, technology, and of the Earth’s atmosphere. Suppliers can combined with divestitures in other goodwill, to one or more Commission- produce neon efficiently only at the jurisdictions, are equal to Praxair’s approved buyers within four months of largest ASUs, which must have a neon current worldwide helium capacity. In consummating the proposed merger. All gas column. Such an ASU would take addition, Linde will divest its entire acquirers of divested assets must receive

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the prior approval of the Commission. Capital Partners, a private equity firm. industry? Have creditors protected The Commission’s goal in evaluating Separately, Linde will also divest other themselves in ways that are aligned—or possible purchasers of divested assets is assets to Matheson Tri-Gas, Inc. While misaligned—with the goal of preserving to maintain the competitive the divestitures go a long way to address competition? environment that existed prior to the the anticompetitive concerns, the (3) Does the buyer’s financing and acquisition. decision to approve this remedy was governance structure create temptations The proposed Consent Agreement still a close call. to make asset sales that would reduce incorporates an Order to Hold Separate The transaction, as originally competition? and Maintain Assets (‘‘Order to Hold structured, does not appear to have any As noted above, in this matter one of Separate’’) to ensure that Linde and significant merger-specific efficiencies the divestiture buyers, MG Industries, is Praxair (1) continue to operate that would guarantee benefits to a new joint venture between Messer separately until the divestitures to customers. However, the proposed order Group GmbH, a major industrial gas Messer and Matheson have been requires substantial divestitures that company, and CVC Capital Partners, a completed and (2) continue to maintain might preserve or even increase private equity firm. all assets until the required divestitures competition in some product markets. In this situation, I would have have been completed. The Order to But even with the proposed remedies, preferred terms in the proposed order Hold Separate appoints Grant Thornton this transaction is not without risks to that would have required prior notice to LLP as monitor to oversee compliance competition. In particular, I would have or approval by the Commission of any with all the obligations and preferred to include additional asset sales by MG Industries. There is responsibilities under the proposed protections for the public to safeguard past Commission precedent for doing Decision and Order and requires Linde against risks often posed by the private so. In situations where there was a risk to execute an agreement conferring equity buyer interest in the divested that the divestiture buyer may upon the monitor all of the rights, assets, as well as the level of debt subsequently sell assets it acquired powers, and authorities necessary to financing and investment horizons pursuant to a divestiture order, the permit the monitor to ensure the involved. Commission has sometimes ordered the divestiture buyer to agree to a prior continued health and competitiveness Divestiture Buyer Financing of the divested businesses. Further, if approval provision covering any sale of the assets acquired for a defined period the parties fail to divest the assets as Competition enforcers, including the of time. required within the time specified, the FTC, should always examine whether For example, in the Koninklijke Commission may appoint a divestiture its merger remedies have been Ahold and Delhaize Group matter, due trustee to divest the assets in a manner successful over the long term. The FTC’s to concern that one of the divestiture consistent with the proposed Decision 2017 Merger Remedies study buyers (Supervalu) might later transact and Order and subject to Commission highlighted some of the lessons learned 1 acquired stores, the Commission approval. from past merger remedies. required Supervalu to seek prior The purpose of this analysis is to When evaluating the suitability of a approval for any such transfer of the facilitate public comment on the divestiture buyer, agencies must divested stores for a period of three proposed Consent Agreement, and it is determine whether the buyer can meaningfully replace competitive years.2 not intended to constitute an official In the Nestle Holdings, Inc. and interpretation of the proposed Consent market forces eliminated by a merger. For example, agencies need to be Ralston Purina Co. matter, the Agreement or to modify its terms in any Commission required the divestiture way. confident that the buyer possesses the know-how and technical capabilities to buyer (a private equity fund) to seek By direction of the Commission, successfully operate the divested approval by the Commission prior to the Commissioner Chopra dissenting. businesses. Among other things, the sale of certain assets held less than five Donald S. Clark, 2017 study found that the success of a years.3 The buyer would later seek Secretary. divestiture over time depends, in part, permission from the Commission to sell assets, reducing the likelihood of Statement of Commissioner Rohit on whether the buyer has adequate needing to litigate an anticompetitive Chopra financing to ensure success. Given recent trends in our capital markets, we transaction. Today, the FTC is proposing to need to carefully scrutinize buyer impose conditions on a merger between Special Considerations With Financial financing. Buyers Praxair, Inc. (NYSE: PX) and Linde AG In situations like the matter before us, (FWB: LIN), the world’s second- and I approached this line of inquiry with Private equity funds continue to play third-largest industrial gas suppliers. several questions in mind: a greater role in deal activity across the While these firms may not be household (1) Does the deal’s financing structure globe. Notably, private equity names, they provide inputs to an allow the buyer to make significant participation is associated with higher enormous number of industrial and investments to maintain and grow their levels of debt financing, which can consumer products throughout our business in order to vigorously amplify both risk and returns on equity. economy. The merger would be clearly compete? Does the buyer have adequate At the most basic level, heavy debt anticompetitive in violation of the liquidity to be a nimble and Clayton Act, with a high likelihood of opportunistic competitor? 2 In the Matter of Koninklijke Ahold and Delhaize harming manufacturers of a wide range (2) What is the buyer’s level of debt Group, C–4588 (Consent) (July 22, 2016), available at: https://www.ftc.gov/enforcement/cases- of industrial and consumer products. financing, compared to others in the proceedings/151-0175/koninklijke-ahold-delhaize- The Commission is proposing to order group. substantial divestitures across multiple 1 See The FTC’s Merger Remedies 2006–2012, A 3 In the Matter of Nestle Holdings, Inc., and lines of businesses. Notably, Linde is Report of the Bureaus of Competition and Ralston Purina Company, C–4028 (Consent) Economics, Federal Trade Commission, January (December 11, 2001), available at: https:// divesting the vast majority of its U.S. 2017, available at: https://www.ftc.gov/reports/ftcs- www.ftc.gov/enforcement/cases-proceedings/ industrial gas business to a joint venture merger-remedies-2006-2012-report-bureaus- 0110083/nestle-holdings-inc-ralston-purina- between Messer Group GmbH and CVC competition-economics. company.

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burdens can increase the likelihood of ftcpublic.commentworks.com/ftc/ If you prefer to file your comment on insolvency. Private equity participation socialfinanceconsent by following the paper, write ‘‘Social Finance, Inc.; File is also associated with other firm instructions on the web-based form. If No. 1623197’’ on your comment and on behavior that can reduce long-term you prefer to file your comment on the envelope, and mail your comment to competition, including opportunistic paper, write ‘‘Social Finance, Inc.; File the following address: Federal Trade asset sales. This risk may be more acute No. 1623197’’ on your comment and on Commission, Office of the Secretary, when funds purchase assets in unusual the envelope, and mail your comment to 600 Pennsylvania Avenue NW, Suite and distressed situations. the following address: Federal Trade CC–5610 (Annex D), Washington, DC Enforcers must carefully examine Commission, Office of the Secretary, 20580; or deliver your comment to the investors’ unique incentives that can 600 Pennsylvania Avenue NW, Suite following address: Federal Trade drive firm behavior in ways that affect CC–5610 (Annex D), Washington, DC Commission, Office of the Secretary, competition. To assess these incentives, 20580; or deliver your comment to: Constitution Center, 400 7th Street SW, we must always actively probe the Federal Trade Commission, Office of the 5th Floor, Suite 5610 (Annex D), entire circumstances of investor Secretary, Constitution Center, 400 7th Washington, DC 20024. If possible, involvement in a merger transaction Street SW, 5th Floor, Suite 5610 (Annex submit your paper comment to the under review. For example, what is the D), Washington, DC 20024. Commission by courier or overnight buyer’s investment thesis and strategy? FOR FURTHER INFORMATION CONTACT: service. How has the investor typically realized Evan Zullow (202–326–2914), Bureau of Because your comment will be placed gains out of past investments? Does the Consumer Protection, Federal Trade on the publicly accessible FTC Website buyer plan to invest more of its own Commission, 600 Pennsylvania Avenue at http://www.ftc.gov, you are solely equity capital into the business or NW, Washington, DC 20580. responsible for making sure that your simply further rely on debt financing? comment does not include any sensitive SUPPLEMENTARY INFORMATION: Pursuant or confidential information. In When and how does the investor intend to Section 6(f) of the Federal Trade to exit its investment? Given all of this, particular, your comment should not Commission Act, 15 U.S.C. 46(f), and include any sensitive personal what really is the long-term impact on FTC Rule 2.34, 16 CFR 2.34, notice is competition? information, such as your or anyone hereby given that the above-captioned else’s Social Security number; date of While Commission staff certainly ask consent agreement containing a consent many of these questions in their review birth; driver’s license number or other order to cease and desist, having been state identification number, or foreign of divestiture buyers, it will be filed with and accepted, subject to final important to ensure that we are country equivalent; passport number; approval, by the Commission, has been financial account number; or credit or conducting careful and adequate due placed on the public record for a period diligence with respect to buyers that are debit card number. You are also solely of thirty (30) days. The following responsible for making sure that your heavily reliant on debt financing and Analysis to Aid Public Comment where investment firms exert significant comment does not include any sensitive describes the terms of the consent health information, such as medical control. agreement, and the allegations in the [FR Doc. 2018–24206 Filed 11–5–18; 8:45 am] records or other individually complaint. An electronic copy of the identifiable health information. In BILLING CODE 6750–01–P full text of the consent agreement addition, your comment should not package can be obtained from the FTC include any ‘‘trade secret or any Home Page (for October 29, 2018), on FEDERAL TRADE COMMISSION commercial or financial information the World Wide Web, at https:// which . . . is privileged or [File No. 162 3197] www.ftc.gov/news-events/commission- confidential’’—as provided by Section actions. 6(f) of the FTC Act, 15 U.S.C. 46(f), and Social Finance, Inc.; Analysis To Aid You can file a comment online or on FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— Public Comment paper. For the Commission to consider including in particular competitively your comment, we must receive it on or AGENCY: Federal Trade Commission. sensitive information such as costs, before November 28, 2018. Write ACTION: Proposed consent agreement. sales statistics, inventories, formulas, ‘‘Social Finance, Inc.; File No. 1623197’’ patterns, devices, manufacturing SUMMARY: The consent agreement in this on your comment. Your comment— processes, or customer names. matter settles alleged violations of including your name and your state— Comments containing material for federal law prohibiting unfair or will be placed on the public record of which confidential treatment is deceptive acts or practices. The attached this proceeding, including, to the extent requested must be filed in paper form, Analysis to Aid Public Comment practicable, on the public Commission must be clearly labeled ‘‘Confidential,’’ describes both the allegations in the Website, at https://www.ftc.gov/policy/ and must comply with FTC Rule 4.9(c). complaint and the terms of the consent public-comments. In particular, the written request for order—embodied in the consent Postal mail addressed to the confidential treatment that accompanies agreement—that would settle these Commission is subject to delay due to the comment must include the factual allegations. heightened security screening. As a and legal basis for the request, and must result, we encourage you to submit your identify the specific portions of the DATES: Comments must be received on comments online. To make sure that the comment to be withheld from the public or before November 28, 2018. Commission considers your online record. See FTC Rule 4.9(c). Your ADDRESSES: Interested parties may file a comment, you must file it at https:// comment will be kept confidential only comment online or on paper, by ftcpublic.commentworks.com/ftc/ if the General Counsel grants your following the instructions in the socialfinanceconsent by following the request in accordance with the law and Request for Comment part of the instructions on the web-based form. If the public interest. Once your comment SUPPLEMENTARY INFORMATION section this Notice appears at http:// has been posted on the public FTC below. Write: ‘‘Social Finance, Inc.; File www.regulations.gov/#!home, you also Website—as legally required by FTC No. 1623197’’ on your comment, and may file a comment through that Rule 4.9(b)—we cannot redact or file your comment online at https:// website. remove your comment from the FTC

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Website, unless you submit a of whom actually pay more on a unique advertisements. Part V requires confidentiality request that meets the monthly basis. As a result, SoFi’s SoFi to submit additional compliance requirements for such treatment under representations significantly inflate the reports within 10 business days of a FTC Rule 4.9(c), and the General average savings consumers have written request by the Commission. Part Counsel grants that request. actually achieved—sometimes even VI is a provision ‘‘sunsetting’’ the order Visit the FTC Website at http:// doubling the actual savings. after twenty (20) years, with certain www.ftc.gov to read this Notice and the Additionally, when a consumer exceptions. news release describing it. The FTC Act submits an application to refinance his The purpose of this analysis is to aid and other laws that the Commission or her student loan(s) and is presented public comment on the proposed order. administers permit the collection of with loan options, SoFi misrepresents It is not intended to constitute an public comments to consider and use in that the consumer will save zero dollars official interpretation of the complaint this proceeding, as appropriate. The when the consumer is actually expected or proposed order, or to modify in any Commission will consider all timely to lose money. Specifically, if, for a way the proposed order’s terms. and responsive public comments that it fixed rate loan option, the consumer is By direction of the Commission. receives on or before November 28, expected to lose money over the lifetime Donald S. Clark, 2018. For information on the of the loan, then SoFi falsely states that Secretary. Commission’s privacy policy, including the consumer’s lifetime savings will be routine uses permitted by the Privacy ‘‘$0.00.’’ Likewise, if a consumer is Statement of Commissioner Rohit Act, see https://www.ftc.gov/site- expected to pay more on a monthly Chopra information/privacy-policy. basis for a given loan option, then SoFi Today, the Federal Trade Commission falsely states that the consumer’s Analysis of Proposed Consent Order To has issued for public comment a monthly savings will be ‘‘$0.00.’’ Aid Public Comment settlement with SoFi, an online student The proposed order will prevent SoFi lender. According to the FTC’s The Federal Trade Commission from engaging in similar acts or complaint, SoFi’s widely disseminated (‘‘Commission’’) has accepted, subject to practices. Part I.A. would prohibit SoFi advertisements have significantly final approval, an agreement containing from misrepresenting that consumers exaggerated the average savings that a consent order from Social Finance, who obtain a credit product have saved, student loan borrowers achieve when Inc. and SoFi Lending Corp. will save, or will likely save money, or they refinance through the company. (collectively ‘‘SoFi’’). a specific amount of money, over the The proposed consent order has been These advertisements were deceptive lifetime of a credit product or over any and I agree that SoFi’s actions were placed on the public record for thirty other time period (e.g., monthly), (30) days for receipt of comments by unlawful, so I have voted in favor. including by representing that the Our proposed resolution does not interested persons. Comments received amount of money saved over a specific require SoFi to pay any money during this period will become part of time period will be zero when whatsoever for this misconduct. Ideally, the public record. After thirty (30) days, consumers will instead pay more money SoFi would pay civil penalties for the Commission will again review the over that specific time period. Part I.B. violating the law. Due to limitations in agreement and the comments received, would also prohibit SoFi from making the FTC’s authority, the agency cannot and will decide whether it should any of the savings claims covered by seek civil penalties in matters like these. withdraw from the agreement and take Part I.A., unless those claims are However, the Consumer Financial appropriate action or make final the substantiated with competent and Protection Bureau and the State agreement’s proposed order. reliable evidence. Part I.C. would SoFi is an online lender that offers, Attorneys General would be able to seek prohibit SoFi from misrepresenting any penalties from SoFi under existing among other credit products, student other material fact about the 1 loan refinancing. The Commission’s federal law. performance, benefits, or characteristics In future matters where we are unable proposed complaint alleges that SoFi of any credit product when making a to obtain monetary remedies, we should makes savings claims that, as detailed savings claim covered by Part I.A. carefully consider whether partnering below, misrepresent how much money Parts II through VI of the proposed with other law enforcement agencies students have saved, will save, or will order are reporting and compliance can lead to better results for consumers likely save by refinancing their student provisions. Part II is an order and deter bad actors from violating the loans with SoFi. distribution provision that requires SoFi SoFi has prominently advertised that law. to provide the order to current and [FR Doc. 2018–24207 Filed 11–5–18; 8:45 am] consumers who refinance their loans future principals, officers, and corporate BILLING CODE 6750–01–P with SoFi have saved large average directors, as well as current and future amounts of money over the lifetime of managers, employees, agents and those loans or each month. These claims representatives who participate in FEDERAL TRADE COMMISSION overstate consumers’ average savings. certain duties related to the subject SoFi’s calculations of its members’ matter of the proposed complaint and Privacy Act of 1974; System of average savings selectively excludes order, and to secure statements Records large categories of consumers who acknowledging receipt of the order. Part AGENCY: would likely pay more money, instead III requires SoFi to submit a compliance Federal Trade Commission of saving. Specifically, when SoFi report one year after the order is (FTC). calculates its members’ average lifetime entered. It also requires SoFi to notify 1 SoFi’s alleged misconduct likely violated both savings it excludes all consumers who the Commission of corporate changes the Federal Trade Commission Act’s ban on unfair refinance into longer term loans, most of that may affect compliance obligations or deceptive practices and the Consumer Financial whom actually pay more over the within 14 days of such a change. Protection Act’s (CFPA) prohibition on unfair, lifetime of the loan. Further, when SoFi Part IV requires SoFi to maintain and deceptive, or abusive practices by those who offer or provide a consumer financial product or service. calculates its members’ average monthly upon request make available certain With some exceptions, States can enforce the CFPA savings it excludes all consumers who compliance-related records, including and obtain remedies available under it. See 12 refinance into shorter term loans, most certain consumer complaints and U.S.C. 5552(a).

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ACTION: Notice of modified systems of that private businesses or other non-FTC APPENDIX I records; correction. entities may collect about individuals, AUTHORIZED DISCLOSURES AND ROUTINE USES which may be covered by other privacy APPLICABLE TO ALL FTC PRIVACY ACT SYSTEMS SUMMARY: The FTC is making non- laws. OF RECORDS substantive technical corrections to Appendix I, which lists the authorized On June 12, 2008, the FTC The Privacy Act allows the FTC to disclosures and routine uses applicable republished and updated all of its disclose its Privacy Act records in the to all FTC Privacy Act systems of SORNs, describing all of the agency’s following ways: records. This action makes the notices systems of records covered by the (1) Within the FTC, to FTC officers for these systems of records clearer, Privacy Act in a single document for and employees who need the record to more accurate, and up-to-date. ease of use and reference. 73 FR 33592. perform their duties; To ensure the SORNs remain accurate, (2) In response to a request for public DATES: This modified systems of records disclosure under the Freedom of FTC staff reviews each SORN on a shall become final and effective on Information Act (FOIA); periodic basis. As a result of this November 6, 2018. (3) For any ‘‘routine use’’ compatible systematic review, the FTC made FOR FURTHER INFORMATION CONTACT: G. with the purpose for which the record Richard Gold and Alex Tang, Attorneys revisions to several of its SORNs on was collected, as set forth in each (202–326–2424), Office of the General April 17, 2009 (74 FR 17863), August system of records notice and in Counsel, FTC, 600 Pennsylvania 27, 2010 (75 FR 52749), February 23, paragraphs (13)–(24) of this Appendix Avenue NW, Washington, DC 20580. 2015 (80 FR 9460), and November 2, below; SUPPLEMENTARY INFORMATION: To inform 2017 (82 FR 50871). (4) To the Bureau of the Census for the public, the FTC publishes in the Based on a periodic review of its purposes of planning or carrying out a Federal Register and posts on its SORNs, the FTC is publishing two census or survey or related activity website a ‘‘system of records notice’’ technical non-substantive revisions to under title 13 of the United States Code; (SORN) for each system of records that Appendix I, which lists the routine uses (5) To a recipient who has provided the FTC currently maintains within the that apply to all FTC SORNs. First, the the agency with advance adequate meaning of the Privacy Act of 1974, as FTC is updating the number of routine written assurance that the record will be amended, 5 U.S.C. 552a (‘‘Privacy Act’’ uses stated in the Appendix from ‘‘(23)’’ used solely as a statistical research or or ‘‘Act’’). See https://www.ftc.gov/ to ‘‘(24).’’ This conforming amendment reporting record, and the record is to be about-ftc/foia/foia-reading-rooms/ was inadvertently omitted when the transferred in a form that is not privacy-act-systems. The Privacy Act FTC, following Office of Management individually identifiable; protects records about individuals in and Budget guidance, added a new (6) To the National Archives and systems of records collected and routine use to this Appendix, relating to Records Administration as a record maintained by Federal agencies. (A data breach notification, earlier this having sufficient historical or other system is not a ‘‘system of records’’ year. See 83 FR 39095 (Aug. 8, 2018). value to warrant its continued under the Act unless the agency preservation by the United States Second, the FTC is removing the current maintains and retrieves records in the Government, or for evaluation by the reference in the Appendix to the system by the relevant individual’s Archivist of the United States or the ‘‘General Accounting Office’’ and, in its name or other personally assigned designee of the Archivist to determine place, adding that agency’s current identifier.) Each Federal agency, whether the record has such value; including the FTC, must publish a name, the ‘‘Government Accountability (7) To another agency or to an SORN that describes the records Office’’ (GAO). This correction reflects instrumentality of any governmental maintained in each of its Privacy Act the change in GAO’s legal name made jurisdiction within or under the control systems, including the categories of by Congress several years ago, Public of the United States for a civil or individuals that the records in the Law 108–271, 118 Stat. 811 (2004). In criminal law enforcement activity if the system are about, where and how the the same legislation, Congress made a activity is authorized by law, and if the agency maintains these records, and conforming amendment to the Privacy head of the agency or instrumentality how individuals can find out whether Act of 1974 to authorize disclosures of has made a written request to the agency an agency system contains any records Privacy Act records to the ‘‘Government which maintains the record specifying about them or request access to such Accountability Office.’’ See 5 U.S.C. the particular portion desired and the records, if any. The FTC, for example, 552a(b)(10). law enforcement activity for which the maintains 40 systems of records under The FTC is not substantively adding record is sought; the Act. Some of these systems contain or amending any routine uses of its (8) To a person pursuant to a showing records about the FTC’s own employees, Privacy Act system records. The of compelling circumstances affecting such as personnel and payroll files, corrections to Appendix I described the health or safety of an individual if while other FTC systems contain above are purely technical, and do not upon such disclosure notification is records about members of the public, in any way modify the legal intent, transmitted to the last known address of such as public comments, consumer operation, or effect of the routine uses such individual; complaints, or phone numbers set forth in that Appendix. Accordingly, (9) To either House of Congress, or, to the extent of a matter within its submitted to the FTC’s Do Not Call the FTC is not required to provide prior Registry. jurisdiction, any committee or public comment or notice to OMB or The FTC’s SORNs discussed in this subcommittee thereof, any joint Congress for these technical notice apply only to the FTC’s own committee of Congress or subcommittee amendments, which are final upon Privacy Act record systems. They do not of any such joint committee; cover Privacy Act records that other publication. See U.S.C. 552a(e)(11) and (10) to the Comptroller General, or Federal agencies may collect and 552a(r); OMB Circular A–108, supra. any of his authorized representatives, in maintain in their own systems. The FTC is reprinting the entire text the course of the performance of the Likewise, the FTC’s SORNs and the of Appendix I for the public’s benefit duties of the Government Privacy Act of 1974 do not cover records and convenience, to read as follows: Accountability Office;

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(11) Under an order of a court of official capacity, or an individual national security, resulting from a competent jurisdiction; and agency official or employee whom the suspected or confirmed breach. (12) To a consumer reporting agency, Department of Justice has agreed to (24) May be disclosed to FTC when trying to collect a claim of the represent, is or may likely become a contractors, volunteers, interns or other Government, in accordance with 31 party, and (ii) the litigation is likely to authorized individuals who have a need U.S.C. 3711(e). affect the agency or any component for the record in order to perform their In addition, in accordance with thereof; or officially assigned or designated duties paragraph (3) above, the ‘‘routine uses’’ (b) To obtain advice, including advice for or on behalf of the FTC. set forth in paragraphs (13) through (24) concerning the accessibility of a record The routine uses contained in this below shall apply to all records in all or information under the Privacy Act or Appendix are in addition to any routine FTC Privacy Act systems of records. the Freedom of Information Act; uses contained in the system of records Specifically, such records: (18) May be disclosed to a notice (SORN) for each FTC Privacy Act (13) Where appropriately congressional office in response to an records system. Some of the authorized incorporated into the records inquiry from that office made at the disclosures and routine uses may maintained in FTC–II–6 (Discrimination written request of the subject overlap with one another. The FTC will Complaint System–FTC), may be individual, but only to the extent that treat a routine use as valid and still in disclosed under the routine uses the record would be legally accessible to effect, even if an overlapping routine published for that system; that individual; use or disclosure is partly or fully (14) May be disclosed to the National (19) May be disclosed to debt invalidated or repealed. Archives and Records Administration collection contractors for the purpose of for records management inspections collecting debts owed to the Heather Hippsley, conducted under authority of 44 U.S.C. government, as authorized under the Deputy General Counsel. 2904 and 2906; Debt Collection Act of 1982, 31 U.S.C. [FR Doc. 2018–24226 Filed 11–5–18; 8:45 am] (15) May be disclosed to other 3718, and subject to applicable Privacy BILLING CODE 6750–01–P agencies, offices, establishments, and Act safeguards; authorities, whether federal, state, local, (20) May be disclosed to a grand jury foreign, or self-regulatory (including, agent pursuant either to a federal or but not limited to organizations such as state grand jury subpoena, or to a DEPARTMENT OF HEALTH AND professional associations or licensing prosecution request that such record be HUMAN SERVICES boards), authorized or with the released for the purpose of its responsibility to investigate, litigate, introduction to a grand jury, where the Agency for Toxic Substance and prosecute, enforce, or implement a subpoena or request has been Disease Registry statute, rule, regulation, or order, where specifically approved by a court; the record or information by itself or in (21) May be disclosed to the Office of [60Day–19–0048; Docket No. ATSDR–2018– connection with other records or Management and Budget (OMB) for the 0009] information: purpose of obtaining advice regarding (a) Indicates a violation or potential agency obligations under the Privacy Proposed Data Collection Submitted violation of law, whether criminal, civil, Act, or in connection with the review of for Public Comment and administrative, or regulatory in nature, private relief legislation pursuant to Recommendations and whether arising by general statute OMB Circular A–19; AGENCY: Agency for Toxic Substance or particular program statute, or by (22) To appropriate agencies, entities, and Disease Registry, Department of regulation, rule, or order issued and persons when (a) the FTC suspects Health and Human Services (HHS) pursuant thereto, or or has confirmed that there has been a (b) Indicates a violation or potential breach of the system of records; (b) the ACTION: Notice with comment period. violation of a professional, licensing, or FTC has determined that as a result of SUMMARY: similar regulation, rule, or order, or the suspected or confirmed breach there The Agency for Toxic otherwise reflects on the qualifications is a risk of harm to individuals, the FTC Substance and Disease Registry, as part or fitness of an individual who is (including its information systems, of its continuing effort to reduce public licensed or seeking to be licensed; programs, and operations), the Federal burden and maximize the utility of (16) May be disclosed to any source, Government, or national security; and government information, invites the private or governmental, to the extent (c) the disclosure made to such general public and other Federal necessary to secure from such source agencies, entities, and persons is agencies the opportunity to comment on information relevant to and sought in reasonably necessary to assist in a proposed and/or continuing furtherance of a legitimate investigation connection with the FTC’s efforts to information collection, as required by or audit; respond to the suspected or confirmed the Paperwork Reduction Act of 1995. (17) May be disclosed to any breach or to prevent, minimize, or This notice invites comment on a authorized agency component of the remedy such harm. proposed information collection project Federal Trade Commission, Department (23) To another Federal agency or titled ATSDR Exposure Investigations of Justice, or other law enforcement Federal entity, when the FTC (EIs) (OMB Control No. 0923–0048, authorities, and for disclosure by such determines that information from this Expiration Date 3/31/2019)— parties: system of records is reasonably Extension—Agency for Toxic (a) To the extent relevant and necessary to assist the recipient agency Substances and Disease Registry necessary in connection with litigation or entity in (a) responding to a (ATSDR). To evaluate public health in proceedings before a court or other suspected or confirmed breach or (b) issues at a site resulting from adjudicative body, where (i) the United preventing, minimizing, or remedying environmental exposure, ATSDR EIs fill States is a party to or has an interest in the risk of harm to individuals, the data gaps by conducting environmental the litigation, including where the recipient agency or entity (including its and biological sampling. agency, or an agency component, or an information systems, programs, and DATES: CDC must receive written agency official or employee in his or her operations), the Federal Government, or comments on or before January 7, 2019.

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ADDRESSES: You may submit comments, are to respond, including through the of the sample will determined whether identified by Docket No. ATSDR–2018– use of appropriate automated, the arsenic is organic (probably 0009 by any of the following methods: electronic, mechanical, or other resulting from eating seafood) or • Federal eRulemaking Portal: technological collection techniques or inorganic (likely resulting from Regulations.gov. Follow the instructions other forms of information technology, exposure to environmental arsenic). The for submitting comments. e.g., permitting electronic submissions results of the testing are currently being • Mail: Jeffrey M. Zirger, Information of responses. analyzed by the National Center for Collection Review Office, Centers for 5. Assess information collection costs. Environmental Health/Division of Disease Control and Prevention, 1600 Proposed Project Laboratory Sciences (NCEH/DLS). Clifton Road NE, MS–D74, Atlanta, Results will be sent individually to Georgia 30329. ATSDR Exposure Investigations (EIs) participants when the analysis is Instructions: All submissions received (OMB Control No. 0923–0048, completed and a report will be prepared must include the agency name and Expiration Date 3/31/2019)— and presented to the community in a Docket Number. CDC will post, without Extension—Agency for Toxic community meeting. change, all relevant comments to Substances and Disease Registry Regulations.gov. (ATSDR). Example 2: Former United Zinc and Associated Smelters Blood Lead Please note: Submit all comments Background and Brief Description through the Federal eRulemaking portal Testing, Iola, Kansas The Agency for Toxic Substances and (regulations.gov) or by U.S. mail to the The community is located in the address listed above. Disease Registry (ATSDR) is requesting a three-year Paperwork Reduction Act vicinity of the Former United Zinc and FOR FURTHER INFORMATION CONTACT: To approval for the extension of the generic Associated Smelters in Iola, Kansas. The request more information on the clearance titled ATSDR Exposure smelters operated from 1902 to 1925 proposed project or to obtain a copy of Investigations (OMB No. 0923–0048; and operations resulted in heavy metal the information collection plan and OMB Exp. Date: 3/31/2019) to allow the contamination in community soils. instruments, contact Jeffrey M. Zirger, agency to conduct exposure Limited sampling of the community in Information Collection Review Office, investigations (EIs), through methods the past found elevated blood lead Centers for Disease Control and developed by ATSDR. levels in young children. The blood Prevention, 1600 Clifton Road NE, MS– After a chemical release or suspected testing was completed in two phases: D74, Atlanta, Georgia 30329; phone: release into the environment, EIs are One in December of 2016 and one in 404–639–7570; Email: [email protected]. usually requested by officials of a state August 2017 and a total of 61 SUPPLEMENTARY INFORMATION: Under the health agency, county health participants were tested: 24 Children Paperwork Reduction Act of 1995 (PRA) departments, the Environmental younger than 6 years, 17 children aged (44 U.S.C. 3501–3520), Federal agencies Protection Agency (EPA), the public, 6–19 years and 20 adult women. One must obtain approval from the Office of and ATSDR staff. child younger than 6 years had a BLL Management and Budget (OMB) for each EI results are used by public health greater than 5 mg/dL. The child’s parents collection of information they conduct professionals, environmental risk were notified by phone of the results by or sponsor. In addition, the PRA also managers, and other decision makers to the ATSDR Medical Officer and follow requires Federal agencies to provide a determine if current conditions warrant up was conducted by the local PEHSU 60-day notice in the Federal Register intervention strategies to minimize or (Pediatric Environmental Health concerning each proposed collection of eliminate human exposure. For Specialty Unit. information, including each new example, four of the EIs that ATSDR All participants received their results proposed collection, each proposed conducted in the past three years by mail and the EI report was released extension of existing collection of include the Anaconda Smelter (MT— and presented to the community in a information, and each reinstatement of blood lead and urine arsenic), Former public meeting in August 2018. previously approved information United Zinc and Associated Smelters Example 3: Private Well Water collection before submitting the (KS—blood lead), Dimock Private Well Sampling in Dimock, Pennsylvania collection to the OMB for approval. To Water Sampling (PA) and Follow-up comply with this requirement, we are arsenic urine testing in Hayden, Unconventional natural gas drilling publishing this notice of a proposed Arizona. activities have been conducted in the data collection as described below. Dimock, PA area for approximately 10 The OMB is particularly interested in Example 1: Anaconda Smelter Blood Lead and Urine Arsenic Sampling, MT years and local residents complain of comments that will help: poor water quality. In 2012, EPA 1. Evaluate whether the proposed The site is a former smelter located in sampled 64 private wells in the area for collection of information is necessary Anaconda, Montana. Past smelting contaminants that may be present due to for the proper performance of the activities resulted in high levels of natural gas drilling activities. ATSDR functions of the agency, including heavy metals, primarily arsenic and assisted in the analysis of the 2012 data whether the information will have lead, in community soil and in the slag set and the following recommendations practical utility; piles. ATSDR sampled blood and urine were made: 2. Evaluate the accuracy of the in community members to evaluate lead Æ agency’s estimate of the burden of the (blood) and arsenic (urine). Given People with elevated levels of proposed collection of information, community concern about inorganic analytes in their well water including the validity of the contamination, all members of the should install a home treatment system, methodology and assumptions used; community were invited to participate and 3. Enhance the quality, utility, and in the testing. Æ people with high levels of methane clarity of the information to be Urine samples were evaluated for in their well water should vent their collected; and total arsenic, speciated arsenic (organic well and home and treat their water to 4. Minimize the burden of the and inorganic), creatinine and specific eliminate potential buildup of explosive collection of information on those who gravity. If arsenic is detected, speciation gases.

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Example 4: Follow-Up Arsenic Urine retested: 25 residences agreed ATSDR also collects information on Testing in Hayden, Arizona participate in the EI sampling. Residents other possible confounding sources of were provided the results of their chemical(s) exposure such as medicines ATSDR completed an EI in 2015 at sampling and an EI report is currently taken, foods eaten, hobbies, jobs, etc. In the ASARCO Hayden Smelter Site in being prepared. It will be presented to addition, ATSDR asks questions on Hayden, AZ. The EI included blood lead the community in a public meeting recreational or occupational activities and urine arsenic testing. Air when completed. that could increase a participant’s monitoring determined that the smelter All of ATSDR’s targeted biological exposure potential. That information was not operating during the sample assessments (e.g., urine, blood) and represents an individual’s exposure collection period and that, given the some of the environmental history. short half-life of arsenic in the body, the investigations (e.g., air, water, soil, or The number of questions can vary arsenic results may not be valid. food sampling) involve participants to depending on the number of chemicals In 2017, ATSDR retested the determine whether they are or have being investigated, the route of exposure participants from the 2015 EI to evaluate been exposed to unusual levels of (e.g., breathing, eating, touching), and their urinary arsenic levels. It was pollutants at specific locations (e.g., number of other sources of the determined that all urinary arsenic where people live, spend leisure time, chemical(s) (e.g., products used, jobs). levels were below the follow-up level or anywhere they might come into We use approximately 12–20 questions and air data indicate that air arsenic contact with contaminants under about the pertinent environmental levels in the 2 weeks prior to testing investigation). were consistent with usual levels seen Questionnaires, appropriate to the exposures per investigation. in the community. The EI report is being specific contaminant, are generally Typically, the number of participants prepared and a community meeting will needed in about half of the EIs (at most in an individual EI ranges from 10 to be held when the document is released. approximately 12 per year) to assist in 100. Participation is completely Additional water sampling was interpreting the biological or voluntary, and there are no costs to recommended and an EI was conducted environmental sampling results. ATSDR participants other than their time. Based in August in 2017. For the EI, the 64 collects contact information (e.g., name, on a maximum of 12 EIs per year and residents previously sampled were address, phone number) to provide the 100 participants each, the estimated invited to have their private wells participant with their individual results. annualized burden hours are 600.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Exposure Investigation Participants .. Chemical Exposure Questions ...... 1,200 1 30/60 600

Total ...... 600

Jeffrey M. Zirger, Submitted for Public Comment and are to respond, including, through the Acting Lead, Information Collection Review Recommendations’’ notice on July 20, use of appropriate automated, Office, Office of Scientific Integrity, Office 2018 to obtain comments from the electronic, mechanical, or other of Science, Centers for Disease Control and public and affected agencies. CDC technological collection techniques or Prevention. received one comment related to the other forms of information technology, [FR Doc. 2018–24234 Filed 11–5–18; 8:45 am] previous notice. This notice serves to e.g., permitting electronic submission of BILLING CODE 4163–18–P allow an additional 30 days for public responses; and and affected agency comments. (e) Assess information collection CDC will accept all comments for this costs. DEPARTMENT OF HEALTH AND proposed information collection project. HUMAN SERVICES The Office of Management and Budget To request additional information on is particularly interested in comments the proposed project or to obtain a copy Centers for Disease Control and that: of the information collection plan and Prevention (a) Evaluate whether the proposed instruments, call (404) 639–7570 or send an email to [email protected]. Direct [30Day–19–18APJ] collection of information is necessary for the proper performance of the written comments and/or suggestions regarding the items contained in this Agency Forms Undergoing Paperwork functions of the agency, including notice to the Attention: CDC Desk Reduction Act Review whether the information will have practical utility; Officer, Office of Management and In accordance with the Paperwork (b) Evaluate the accuracy of the Budget, 725 17th Street NW, Reduction Act of 1995, the Centers for agencies estimate of the burden of the Washington, DC 20503 or by fax to (202) Disease Control and Prevention (CDC) proposed collection of information, 395–5806. Provide written comments has submitted the information including the validity of the within 30 days of notice publication. collection request titled Surveillance of methodology and assumptions used; Proposed Project Nonfatal Injuries Among On-Duty Law (c) Enhance the quality, utility, and Enforcement Officers to the Office of clarity of the information to be Surveillance of Nonfatal Injuries Management and Budget (OMB) for collected; Among On-Duty Law Enforcement review and approval. CDC previously (d) Minimize the burden of the Officers—New—National Institute for published a ‘‘Proposed Data Collection collection of information on those who Occupational Safety and Health

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(NIOSH), Centers for Disease Control of emergency departments. These data officers identified in previous years of and Prevention (CDC). are routinely collected through the NEISS-Work data and a 30% response occupational supplement to the rate that is comparable to the rate of Background and Brief Description National Electronic Injury Surveillance previously conducted National Studies have reported that law System (NEISS-Work). The second data Electronic Injury Surveillance System enforcement officers have high rates of source, for which NIOSH is seeking telephone interview studies. Each non-fatal injuries and illnesses as OMB approval for three years, is telephone interview will take compared to the general worker responses to telephone interview approximately 30 minutes to complete, population. As law enforcement officers surveys of the injured and exposed law resulting in an annualized burden undertake many critical public safety enforcement officers identified within estimate of 150 hours. Using the routine activities and are tasked with protecting NEISS-Work. NEISS-Work data, an analysis of all the safety and health of the public, it The proposed telephone interview identified EMS workers will be follows that understanding and surveys will supplement NEISS-Work performed to determine if there are preventing injuries among law data with an extensive description of differences between the telephone enforcement officers will have a benefit law enforcement officer injuries and interview responder and non-responder reaching beyond the workers to the exposures, including worker groups. general public. characteristics, injury types, injury The Division of Safety Research (DSR) As mandated in the Occupational circumstances, and injury outcomes. within NIOSH is conducting this Safety and Health Act of 1970 (Pub. L. Previous reports describing project. DSR has a strong interest in 91–596), the mission of NIOSH is to occupational injuries to law improving surveillance of law conduct research and investigations on enforcement officers provide limited enforcement officer injuries to provide occupational safety and health. Related details on specific regions or sub- the information necessary for effectively to this mission, the purpose of this segments of the population. As targeting and implementing prevention project is to conduct research that will compared to these earlier studies, the efforts and, consequently, reducing provide a detailed description of non- scope of the telephone interview data occupational injuries to law fatal occupational injuries incurred by will be broader as it includes sampled enforcement officers. The Consumer law enforcement officers. This cases nationwide. Results from the Product Safety Commission (CPSC) will information will offer detailed insight telephone interviews will be weighted also contribute to this project, as they into events that lead to the largest and reported as national estimates. are responsible for coordinating the number of nonfatal injuries among law The sample size for the telephone collection of all NEISS-Work data and enforcement officers. The project will interview survey is estimated to be for overseeing the collection of all use two related data sources. The first approximately 300 law enforcement telephone interview data. Annual source is data abstracted from medical officers annually for the proposed three Burden Hours are estimated to be 150. records of law enforcement officers year duration of the study. This is based There is no cost to respondents other treated in a nationally stratified sample on the number of law enforcement than their time.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Law enforcement ...... Follow-back survey ...... 300 1 30/60 officers ......

Jeffrey M. Zirger, DEPARTMENT OF HEALTH AND agencies the opportunity to comment on Acting Lead, Information Collection Review HUMAN SERVICES a proposed and/or continuing Office, Office of Scientific Integrity, Office information collection, as required by of Science, Centers for Disease Control and Centers for Disease Control and the Paperwork Reduction Act of 1995. Prevention. Prevention This notice invites comment on a [FR Doc. 2018–24235 Filed 11–5–18; 8:45 am] [60Day–18–1092; Docket No. CDC–2018– proposed information collection project BILLING CODE 4163–18–P 0095] titled ‘‘Sudden Death in the Young (SDY) Case Registry’’. The goal of the Proposed Data Collection Submitted SDY Case Registry is to compile for Public Comment and standardized data on sudden and Recommendations unexpected deaths among infants, AGENCY: Centers for Disease Control and children, and young adults, which are Prevention (CDC), Department of Health not explained by homicides, suicides, and Human Services (HHS). overdoses, or the result of an external ACTION: Notice with comment period. cause that was the only and obvious reason for the fatal injury, or terminal SUMMARY: The Centers for Disease illnesses. Control and Prevention (CDC), as part of its continuing effort to reduce public DATES: CDC must receive written burden and maximize the utility of comments on or before January 7, 2019. government information, invites the general public and other Federal

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ADDRESSES: You may submit comments, whether the information will have National Institute of Neurological identified by Docket No. CDC–2018– practical utility; Disorders and Stroke at the National 0095 by any of the following methods: 2. Evaluate the accuracy of the Institutes of Health implemented the • Federal eRulemaking Portal: agency’s estimate of the burden of the SDY Case Registry in 2015. Regulations.gov. Follow the instructions proposed collection of information, Standardized data collected through the for submitting comments. including the validity of the SDY Case Registry has been used by the • Mail: Jeffrey Zirger, Information methodology and assumptions used; NIH and CDC awardees to generate Collection Review Office, Centers for 3. Enhance the quality, utility, and estimates of the incidence of SDY; to Disease Control and Prevention, 1600 clarity of the information to be elucidate risk factors; and to develop Clifton Road NE, MS–D74, Atlanta, collected; and evidence-based prevention strategies for Georgia 30329. 4. Minimize the burden of the SDY. The SDY Registry also creates collection of information on those who Instructions: All submissions received infrastructure for future research about are to respond, including through the must include the agency name and previously unknown or unrecognized use of appropriate automated, Docket Number. CDC will post, without risk factors for, and causes of, these electronic, mechanical, or other change, all relevant comments to deaths. technological collection techniques or Regulations.gov. This information collection request is other forms of information technology, Please note: Submit all comments to continue the SDY Registry. By e.g., permitting electronic submissions through the Federal eRulemaking portal continuing the prior work of the SDY of responses. Registry, the information collected (regulations.gov) or by U.S. mail to the 5. Assess information collection costs. address listed above. under this request will allow CDC to provide technical assistance to awardees FOR FURTHER INFORMATION CONTACT: To Proposed Project so they can improve their jurisdiction’s request more information on the Sudden Death in the Young information on SDY. This includes two proposed project or to obtain a copy of Registry—Revision—National Center for additions to their routine Child Death the information collection plan and Chronic Disease Prevention and Health Review (CDR) program: (1) Entering instruments, contact Jeffrey Zirger, Promotion (NCCDPHP) Centers for SDY information from existing data Information Collection Review Office, Disease Control and Prevention (CDC). sources (e.g., medical records, autopsy Centers for Disease Control and Background and Brief Description reports) used during CDR review into Prevention, 1600 Clifton Road NE, the established web-based NCFRP Case MS–D74, Atlanta, Georgia 30329; Sudden Death in the Young (SDY) is Reporting System; and (2) convening phone: 404–639–7570; Email: omb@ defined as a sudden and unexpected clinicians with three different types of cdc.gov. death among an infant, child, or young adults (up to age 20), which is not expertise (pediatric cardiology; pediatric SUPPLEMENTARY INFORMATION: Under the explained by homicide, suicide, neurology or epileptology; and forensic Paperwork Reduction Act of 1995 (PRA) overdose, or the result of an external pathology) to conduct advanced clinical (44 U.S.C. 3501–3520), Federal agencies cause that was the only and obvious reviews of a subset of SDY cases to must obtain approval from the Office of reason for the fatal injury, or terminal allow for a more thorough review of Management and Budget (OMB) for each illnesses. Injury deaths where there may information compiled and to generate collection of information they conduct have been an initiating natural cause additional data about the classification or sponsor. In addition, the PRA also (e.g., drowning or death of the driver in of the death. The intended result will be requires Federal agencies to provide a a motor vehicle accident, which may data that can establish incidence and 60-day notice in the Federal Register have been triggered by an underlying guide program and policy decisions at concerning each proposed collection of cardiac or neurological condition) are the state/jurisdiction and local levels. information, including each new also included in the definition. CDC estimates that the participating proposed collection, each proposed SDY deaths are not systematically states/jurisdictions will collect data on extension of existing collection of monitored and estimates of the annual approximately 739 SDY cases per year. information, and each reinstatement of incidence of SDY vary due to For participating states/jurisdictions, previously approved information differences in definitions, burden is estimated for reporting collection before submitting the inconsistencies in classifying cause, required case information. Based on collection to the OMB for approval. To variable age and study populations, and historical program information, it is comply with this requirement, we are differing case ascertainment estimated that approximately half (370) publishing this notice of a proposed methodologies. Because standardized of the 739 estimated SDY cases each data collection as described below. information has not been collected on year will undergo an advanced clinical The OMB is particularly interested in the incidence, causes, and risk factors, review and classification of cause by a comments that will help: developing evidence-based prevention team of three medical experts. 1. Evaluate whether the proposed measures has been challenging. OMB approval is requested for three collection of information is necessary To address these gaps, CDC, in years. The total estimated annual for the proper performance of the collaboration with the National Heart, burden is 521 hours. There are no costs functions of the agency, including Lung, and Blood Institute and the to respondents other than their time.

ESTIMATED ANNUALIZED BURDEN HOURS

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

State Health Personnel ...... SDY Module I ...... 14 53 10/60 124 Medical Experts ...... Advanced Review ...... 42 26 15/60 273

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ESTIMATED ANNUALIZED BURDEN HOURS—Continued

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

State Health Personnel ...... SDY Module N ...... 14 53 10/60 124

Total ...... 521

Jeffrey M. Zirger, Disease Control and Prevention, 1600 3. Enhance the quality, utility, and Acting Lead, Information Collection Review Clifton Road NE, MS–D74, Atlanta, clarity of the information to be Office, Office of Scientific Integrity, Office Georgia 30329. collected; and of Science, Centers for Disease Control and Instructions: All submissions received 4. Minimize the burden of the Prevention. must include the agency name and collection of information on those who [FR Doc. 2018–24233 Filed 11–5–18; 8:45 am] Docket Number. CDC will post, without are to respond, including through the BILLING CODE 4163–18–P change, all relevant comments to use of appropriate automated, Regulations.gov. electronic, mechanical, or other Please note: Submit all comments technological collection techniques or DEPARTMENT OF HEALTH AND through the Federal eRulemaking portal other forms of information technology, HUMAN SERVICES (regulations.gov) or by U.S. mail to the e.g., permitting electronic submissions address listed above. of responses. Centers for Disease Control and 5. Assess information collection costs. Prevention FOR FURTHER INFORMATION CONTACT: To request more information on the Proposed Project [60Day–19–0856; Docket No. CDC–2018– proposed project or to obtain a copy of 0097] National Quitline Data Warehouse the information collection plan and (OMB Control No. 0920–0856, Exp. Date Proposed Data Collection Submitted instruments, contact Jeffrey M. Zirger, 03/31/2019)—Extension—National for Public Comment and Information Collection Review Office, Center for Chronic Disease Prevention Recommendations Centers for Disease Control and and Health Promotion, Centers for Prevention, 1600 Clifton Road NE, Disease Control and Prevention (CDC). AGENCY: Centers for Disease Control and MS–D74, Atlanta, Georgia 30329; Prevention (CDC), Department of Health phone: 404–639–7570; Email: omb@ Background and Brief Description and Human Services (HHS). cdc.gov. Since 2010, the National Quitline ACTION: Notice with comment period. Data Warehouse (NQDW) has collected SUPPLEMENTARY INFORMATION: Under the a core set of information from the 50 SUMMARY: The Centers for Disease Paperwork Reduction Act of 1995 (PRA) U.S. states, the District of Columbia, Control and Prevention (CDC), as part of (44 U.S.C. 3501–3520), Federal agencies Guam, and Puerto Rico regarding what its continuing effort to reduce public must obtain approval from the Office of services telephone quitlines offer to burden and maximize the utility of Management and Budget (OMB) for each tobacco users as well as the number and government information, invites the collection of information they conduct type of tobacco users who receive general public and other Federal or sponsor. In addition, the PRA also services from telephone quitlines. The agencies the opportunity to comment on requires Federal agencies to provide a data collection was modified in 2015 to a proposed extension to information 60-day notice in the Federal Register collect data from the The Asian collection, as required by the Paperwork concerning each proposed collection of Smokers’ Quitline (ASQ) in addition to Reduction Act of 1995. This notice information, including each new the other 53 states/territories that invites comment on an information proposed collection, each proposed provide data, and included five new collection project titled ‘‘National extension of existing collection of questions to the NQDW Intake Quitline Data Warehouse.’’ The National information, and each reinstatement of Questionnaire to help CDC and states Quitline Data Warehouse (NQDW) previously approved information tailor quitline services to the needs of its collects a core set of information from collection before submitting the callers. the 50 U.S. states, the District of collection to the OMB for approval. To The NQDW provides data on the Columbia, Guam, Puerto Rico, and the comply with this requirement, we are general smoking population who Asian Smoker’s Quitline regarding what publishing this notice of a proposed contact their state quitlines, but also services telephone quitlines offer to extension to data collection as described allows for collections of information tobacco users as well as the number and below. about key subgroups of tobacco users type of tobacco users who receive The OMB is particularly interested in who contact state quitlines to better services from telephone quitlines. comments that will help: support cessation services. Data is DATES: CDC must receive written 1. Evaluate whether the collection of collected on tobacco users who received comments on or before January 7, 2019. information is necessary for the proper service from state telephone quitlines ADDRESSES: You may submit comments, performance of the functions of the from all funded U.S. states, territories identified by Docket No. CDC–2018– agency, including whether the and the Asian Smokers’ Quitline (ASQ) 0097 by any of the following methods: information will have practical utility; through the NQDW Intake • Federal eRulemaking Portal: 2. Evaluate the accuracy of the Questionnaire. The NQDW Seven- Regulations.gov. Follow the instructions agency’s estimate of the burden of the Month Follow-up Questionnaire will be for submitting comments. data collection of information, including administered to tobacco users who • Mail: Jeffrey M. Zirger, Information the validity of the methodology and received services from the ASQ only, Collection Review Office, Centers for assumptions used; and is no longer collected from other

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respondents. Seven-month quit rates quitline service providers, using the and the CDC Tips From Former Smokers have been previously estimated for all NQDW Quitline Services Survey. national tobacco education media Quitline callers except those that call Data collected from the NQDW is campaigns on state quitline call volume the ASQ. Based on previous literature analyzed with simple descriptive data and tobacco users receiving services and a review of the follow-up evaluation tabulations, and trends are currently from state quitlines. data previously collected by the NQDW, reported online through the CDC State Tobacco Activities Tracking and CDC uses the information collected by seven-month quit rates are not expected the NQDW for ongoing monitoring, to change significantly over time. Data Evaluation (STATE) System website. More complex statistical analyses, reporting, and evaluation related to state on the quitline call volume, number of including multivariate regression quitlines. Select data from the NQDW tobacco users served, and the services techniques will be utilized to assess are reported online through the CDC’s offered by state quitlines will be quitline outcomes such as quitline STATE System website (http:// provided by state health department reach, service utilization, how callers www.cdc.gov/statesystem). The total personnel who manage the quitline, or reported hearing about the quitline, and estimated annual Burden Hours for their designee, such as contracted the effectiveness of quitline promotions NQDW are 82,477.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Quitline callers who contact the NQDW Intake Questionnaire 488,846 1 10/60 81,474 quitline for help for themselves. (English-complete). ASQ Intake Questionnaire (Chinese, 1,935 1 10/60 323 Korean, or Vietnamese-complete). ASQ Seven-Month Follow-up Ques- 1,587 1 7/60 185 tionnaire. Caller who contacts the Quitline on NQDW Intake Questionnaire 12,217 1 1/60 204 behalf of someone else. (English-subset). ASQ Intake Questionnaire (Chinese, 86 1 1/60 2 Korean, or Vietnamese-subset). Tobacco Control Manager or their Submission of NQDW Intake Ques- 54 4 1 216 Designee/Quitline Service Provider. tionnaire Electronic Data File to CDC. Submission of NQDW (ASQ) 1 1 1 1 Seven-Month Follow-up Electronic Data File to CDC. NQDW Quitline Services Survey ..... 54 4 20/60 72

Total ...... 82,477

Jeffrey M. Zirger, ‘‘Proposed Data Collection Submitted (c) Enhance the quality, utility, and Acting Lead, Information Collection Review for Public Comment and clarity of the information to be Office, Office of Scientific Integrity, Office Recommendations’’ notice on May 29, collected; of Science, Centers for Disease Control and 2018 to obtain comments from the (d) Minimize the burden of the Prevention. public and affected agencies. CDC collection of information on those who [FR Doc. 2018–24232 Filed 11–5–18; 8:45 am] received one comment related to the are to respond, including, through the BILLING CODE 4163–18–P previous notice. This notice serves to use of appropriate automated, allow an additional 30 days for public electronic, mechanical, or other technological collection techniques or DEPARTMENT OF HEALTH AND and affected agency comments. other forms of information technology, HUMAN SERVICES CDC will accept all comments for this e.g., permitting electronic submission of proposed information collection project. responses; and Centers for Disease Control and The Office of Management and Budget Prevention (e) Assess information collection is particularly interested in comments costs. [30Day–19–18AEJ] that: To request additional information on (a) Evaluate whether the proposed Agency Forms Undergoing Paperwork the proposed project or to obtain a copy Reduction Act Review collection of information is necessary of the information collection plan and for the proper performance of the instruments, call (404) 639–7570 or In accordance with the Paperwork functions of the agency, including send an email to [email protected]. Direct Reduction Act of 1995, the Centers for whether the information will have written comments and/or suggestions Disease Control and Prevention (CDC) practical utility; regarding the items contained in this has submitted the information notice to the Attention: CDC Desk (b) Evaluate the accuracy of the collection request titled Natural History Officer, Office of Management and agencies estimate of the burden of the of Clostridium difficile Colonization and Budget, 725 17th Street NW, Infection to the Office of Management proposed collection of information, Washington, DC 20503 or by fax to (202) and Budget (OMB) for review and including the validity of the 395–5806. Provide written comments approval. CDC previously published a methodology and assumptions used; within 30 days of notice publication.

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Proposed Project colonization is acquired, how long do duration and burden of C. difficile Natural History of Clostridium patients continue to shed C. difficile in colonization. In addition, we will obtain difficile Colonization and Infection— their stool? How often do patients who information regarding symptoms of New—National Center for Emerging and acquire C. difficile colonization develop diarrhea. To obtain this information, we Zoonotic Infectious Diseases (NCEZID), diarrhea? Are some types of C. difficile will perform chart review and Centers for Disease Control and strains more likely to cause diarrhea or interviews. For all subjects, chart review Prevention (CDC). more likely to be shed in stool for a long will be conducted during and after time? Finally, do factors like antibiotic admission to obtain information on Background and Brief Description treatment, other medications, and diet demographics, co-morbidities, prior A broad 60-day notice was published affect the duration and amount of C. CDI, ward location, devices, in the Federal Register on May 29, difficile shed in stool? incontinence, bathing practices, proton 2018, Vol. 83, No. 103, pp. 24475– The results of the study will be used pump inhibitor use, mobility, diarrhea, 24476. This 60-day notice notified the in the design of interventions to prevent laxatives, and antibiotics (categorized public of the broad agency transmission by asymptomatic carriers. based upon anti-anaerobic and anti-C. announcement—Applied Research to The findings will be valuable for difficile activity). To supplement Address Emerging Public Health development of accurate transmission information from chart review, subjects Priorities—being made by CDC. Though models including estimation of the will be interviewed by study personnel not specific to this project, it informed effects of prevention interventions and at the time of each culture collection to the public of CDC’s intent to contract the data will be made available for obtain information on diarrhea, with researchers to carry out a variety of development of mathematical models of medications including antibiotics, different research projects. C. difficile transmission. Finally, the proton pump inhibitors, and laxatives, Current estimates from the CDC study will provide current information diet, bathing practices, and fecal suggest that Clostridium difficile now on the incubation period for CDI and the incontinence. causes more healthcare-associated fraction of carriers that progress to CDI. The information being collected infections than any other pathogen. The study hospitals will include the through chart review and interviews However, only 10% to 60% of those Cleveland VA Medical Center, will be valuable to identify factors acquiring colonization with toxigenic MetroHealth Medical Center, and the associated with C. difficile colonization strains develop C. difficile infection Medical University of South Carolina and infection. If this information were (CDI), with the remainder becoming (MUSC). We will conduct a one-year not collected, we would not be able to asymptomatic carriers. Current infection cohort study of 1200 total patients, adequately assess factors that could control measures focus almost entirely including 800 admitted to the hospital, affect C. difficile colonization or on patients with CDI, but several recent 300 admitted to a long-term care facility infection and/or that could lead to studies suggest that asymptomatic (LTCF), and 100 outpatients with no gastrointestinal symptoms. carriers of toxigenic C. difficile may be healthcare admissions within 3 months. an under-appreciated source of Peri-rectal, groin, chest/abdomen/hand, To supplement information from transmission. Unfortunately, the natural and environmental swabs will be chart review, subjects will be history of C. difficile colonization is not collected weekly while in the hospital interviewed by study personnel well described because previous studies or LTCF for up to 4 weeks; for (contractors) at the time of each culture have not included long-term follow-up outpatients, swabs will be collected collection to obtain information on of colonized patients and have not weekly for up to 4 weeks. Our goal will diarrhea, medications including included strain-specific information. be to identify patients with new antibiotics, proton pump inhibitors, and Previous studies of C. difficile carriage acquisition of toxigenic C. difficile laxatives, diet, bathing practices, and have also rarely included assessments of carriage to study the natural history of fecal incontinence. The questions will the burden of carriage, the frequency of carriage. Based on previous studies, we be administered by study personnel skin and environmental shedding, and anticipate that ∼12% of patients will who will be trained by the principal the impact of antibiotics and other acquire colonization (145 total). For investigator or co-investigators. All healthcare exposures on colonization. patients with new acquisition of subjects will be interviewed. The The primary goal of this project is to carriage, additional swabs will be respondents will have advance notice or develop a better understanding of the collected up to once each month for six appointments. natural history of C. difficile months to determine the natural history Total annualized Burden Hours for colonization and infection to develop of colonization and if CDI is diagnosed, this study are 577. There is no burden more effective control measures. The stool specimens will be cultured. on respondents other than the time to study will answer several questions. One of our goals is to determine the participate. Authorizing legislation How often do patients acquire C. impact of a variety of factors including comes from Section 301 of the Public difficile colonization and shed the antibiotic therapy, medications (e.g., Health Service Act. CDC is seeking one organism in their stool? Once laxatives), diet, and strain type on year of clearance to complete this study.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Study participants ...... Questionnaire ...... 1200 5 5/60 Subjects acquiring C. difficile colonization ..... Questionnaire ...... 145 6 5/60 Subjects developing CDI ...... Questionnaire ...... 48 1 5/60

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Jeffrey M. Zirger, Corrective Action Documentation provide reasonable cause justifications Acting Lead, Information Collection Review Process—Final. as to why a penalty should not be Office, Office of Scientific Integrity, Office OMB No.: 0970–0215. imposed or may develop and implement of Science, Centers for Disease Control and Description: 42 U.S.C. 612 (Section corrective compliance procedures to Prevention. 412 of the Social Security Act as eliminate the source of the penalty. [FR Doc. 2018–24231 Filed 11–5–18; 8:45 am] amended by Public Law 104–193, the Finally, there is an annual report, which BILLING CODE 4163–18–P Personal Responsibility and Work requires the Tribes to describe program Opportunity Reconciliation Act of 1996 characteristics. All of the above (PRWORA)), mandates that federally DEPARTMENT OF HEALTH AND requirements are currently approved by recognized Indian Tribes with an HUMAN SERVICES OMB and the Administration for approved Tribal TANF program collect Children and Families is simply Administration for Children and and submit to the Secretary of the proposing to extend them without any Families Department of Health and Human changes. Services data on the recipients served Proposed Information Collection by the Tribes’ programs. This Respondents: Indian Tribes. Activity; Comment Request information includes both aggregated and disaggregated data on case Proposed Projects characteristics and individual Title: Tribal TANF Data Report, TANF characteristics. In addition, Tribes that Annual Report, and Reasonable Cause/ are subject to a penalty are allowed to

ANNUAL BURDEN ESTIMATES

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

Final Tribal TANF Data Report ...... 74 4 451 133,496 Tribal TANF Annual Report ...... 74 1 40 2,960 Tribal TANF Reasonable Cause/Corrective ...... 74 1 60 4,440

Estimated Total Annual Burden other forms of information technology. Answers and provides answers to Hours: 140,896. Consideration will be given to common questions that might arise In compliance with the requirements comments and suggestions submitted about the mandatory recall provisions of Section 506(c)(2)(A) of the Paperwork within 60 days of this publication. and FDA’s plans for their Reduction Act of 1995, the implementation. Robert Sargis, Administration for Children and Reports Clearance Officer. DATES: The announcement of the Families is soliciting public comment guidance is published in the Federal [FR Doc. 2018–24259 Filed 11–5–18; 8:45 am] on the specific aspects of the Register on November 6, 2018. BILLING CODE 4184–01–P information collection described above. ADDRESSES: You may submit either Copies of the proposed collection of electronic or written comments on information can be obtained and DEPARTMENT OF HEALTH AND Agency guidances at any time as comments may be forwarded by writing follows: to the Administration for Children and HUMAN SERVICES Electronic Submissions Families, Office of Planning, Research Food and Drug Administration and Evaluation, 330 C Street SW, Submit electronic comments in the Washington, DC 20201, Attn: ACF [Docket No. FDA–2015–D–0138] following way: Reports Clearance Officer. Email • Federal eRulemaking Portal: address: [email protected]. All Questions and Answers Regarding https://www.regulations.gov. Follow the requests should be identified by the title Mandatory Food Recalls: Guidance for instructions for submitting comments. of the information collection. Industry and Food and Drug Comments submitted electronically, The Department specifically requests Administration Staff; Availability including attachments, to https:// comments on: (a) Whether the proposed AGENCY: Food and Drug Administration, www.regulations.gov will be posted to collection of information is necessary HHS. the docket unchanged. Because your for the proper performance of the ACTION: Notice of availability. comment will be made public, you are functions of the agency, including solely responsible for ensuring that your whether the information shall have SUMMARY: The Food and Drug comment does not include any practical utility; (b) the accuracy of the Administration (FDA or we) is confidential information that you or a agency’s estimate of the burden of the announcing the availability of a final third party may not wish to be posted, proposed collection of information; (c) guidance for industry and FDA staff such as medical information, your or the quality, utility, and clarity of the entitled ‘‘Questions and Answers anyone else’s Social Security number, or information to be collected; and (d) Regarding Mandatory Food Recalls: confidential business information, such ways to minimize the burden Guidance for Industry and FDA Staff.’’ as a manufacturing process. Please note information to be collected; and (d) The guidance provides information on that if you include your name, contact ways to minimize the burden of the the implementation of the mandatory information, or other information that collection of information on food recall provisions of the FDA Food identifies you in the body of your respondents, including through the use Safety Modernization Act (FSMA). The comments, that information will be of automated collection techniques or guidance is in the form of Questions and posted on https://www.regulations.gov.

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• If you want to submit a comment FR 56469, September 18, 2015, or access 402 of the FD&C Act (21 U.S.C. 342) or with confidential information that you the information at: https://www.gpo.gov/ misbranded under section 403(w) of the do not wish to be made available to the fdsys/pkg/FR-2015-09-18/pdf/2015- FD&C Act (21 U.S.C. 343(w)) and that public, submit the comment as a 23389.pdf. the use of or exposure to such article written/paper submission and in the Docket: For access to the docket to will cause serious adverse health manner detailed (see ‘‘Written/Paper read background documents or the consequences or death to humans or Submissions’’ and ‘‘Instructions’’). electronic and written/paper comments animals (SAHCODHA). The guidance received, go to https:// Written/Paper Submissions provides answers to common questions www.regulations.gov and insert the that might arise about the mandatory Submit written/paper submissions as docket number, found in brackets in the recall provisions and FDA’s plans for follows: heading of this document, into the their implementation. • Mail/Hand delivery/Courier (for ‘‘Search’’ box and follow the prompts written/paper submissions): Dockets and/or go to the Dockets Management In the Federal Register of May 7, 2015 Management Staff (HFA–305), Food and Staff, 5630 Fishers Lane, Rm. 1061, (80 FR 26269), we made available a draft Drug Administration, 5630 Fishers Rockville, MD 20852. guidance for industry entitled Lane, Rm. 1061, Rockville, MD 20852. You may submit comments on any ‘‘Questions and Answers Regarding • For written/paper comments guidance at any time (see 21 CFR Mandatory Food Recalls; Draft Guidance submitted to the Dockets Management 10.115(g)(5)). for Industry’’ and gave interested parties Staff, FDA will post your comment, as Submit written requests for single an opportunity to submit comments by well as any attachments, except for copies of the guidance to the Office of July 6, 2015, for us to consider before information submitted, marked and Strategic Planning and Operational beginning work on the final version of identified, as confidential, if submitted Policy, Office of Regulatory Affairs, the guidance. We received several as detailed in ‘‘Instructions.’’ Food and Drug Administration, 12420 comments on the draft guidance and Instructions: All submissions received Parklawn Dr., Element Building, Rm. have modified the final guidance where must include the Docket No. FDA– 4141, Rockville, MD 20857. Send two appropriate. Changes to the guidance 2015–D–0138 for ‘‘Questions and self-addressed adhesive labels to assist include: Adding clarity regarding the Answers Regarding Mandatory Food that office in processing your request. process FDA will follow for a Recalls: Guidance for Industry and FDA See the SUPPLEMENTARY INFORMATION mandatory food recall; providing detail Staff.’’ Received comments will be section for electronic access to the regarding the evidence or circumstances placed in the docket and, except for guidance. FDA may consider when deciding to those submitted as ‘‘Confidential move forward with a mandatory food Submissions,’’ publicly viewable at FOR FURTHER INFORMATION CONTACT: Seth Brown, Office of Regulatory Affairs, recall; adding a question that lists https://www.regulations.gov or at the examples of situations when FDA Dockets Management Staff between 9 Food and Drug Administration, 12420 Parklawn Dr., Element Building, Rm. would deem a food product to represent a.m. and 4 p.m., Monday through a SAHCODHA risk; and making Friday. 4141, Rockville, MD 20857, 240–402– editorial changes to improve clarity. • Confidential Submissions—To 4891. submit a comment with confidential SUPPLEMENTARY INFORMATION: We are removing two questions from information that you do not wish to be the guidance. We are removing the made publicly available, submit your I. Background question about when the mandatory comments only as a written/paper We are announcing the availability of recall provisions go into effect, as this submission. You should submit two a guidance for industry entitled provision has been in effect since 2011. copies total. One copy will include the ‘‘Questions and Answers Regarding We are also removing the question about information you claim to be confidential Mandatory Food Recalls: Guidance for user fees, as we have not yet issued with a heading or cover note that states Industry and FDA Staff.’’ We are issuing guidance associated with these fees and ‘‘THIS DOCUMENT CONTAINS the guidance consistent with our good we have previously stated that we do CONFIDENTIAL INFORMATION.’’ The guidance practices regulation (21 CFR not intend to issue invoices for Agency will review this copy, including 10.115). The guidance represents the mandatory recall order fees until that the claimed confidential information, in current thinking of FDA on this topic. guidance has been finalized. its consideration of comments. The It does not establish any rights for any The guidance announced in this second copy, which will have the person and is not binding on FDA or the notice finalizes the draft guidance dated claimed confidential information public. You can use an alternative May 2015. redacted/blacked out, will be available approach if it satisfies the requirements for public viewing and posted on of the applicable statutes and II. Electronic Access https://www.regulations.gov. Submit regulations. This guidance is not subject both copies to the Dockets Management to Executive Order 12866. Persons with access to the internet Staff. If you do not wish your name and FDA’s mandatory food recall may obtain the guidance at either contact information to be made publicly authority went into effect when FSMA https://www.fda.gov/FoodGuidances or available, you can provide this was enacted on January 4, 2011. Section https://www.regulations.gov. Use the information on the cover sheet and not 423 of the Federal Food, Drug and FDA website listed in the previous in the body of your comments and you Cosmetic Act (FD&C Act) (21 U.S.C. sentence to find the most current must identify this information as 350l), as added by section 206 of FSMA, version of the guidance. ‘‘confidential.’’ Any information marked gives FDA the authority to order a Dated: November 1, 2018. as ‘‘confidential’’ will not be disclosed responsible party to recall an article of except in accordance with 21 CFR 10.20 food where FDA determines that there Leslie Kux, and other applicable disclosure law. For is a reasonable probability that the Associate Commissioner for Policy. more information about FDA’s posting article of food (other than infant [FR Doc. 2018–24247 Filed 11–5–18; 8:45 am] of comments to public dockets, see 80 formula) is adulterated under section BILLING CODE 4164–01–P

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DEPARTMENT OF HEALTH AND making this selection. Public comments The Statement of Organization, HUMAN SERVICES may also be provided in writing. Functions, and Delegations of Authority Individuals who would like to provide conforms to and carries out the statutory Meeting of the Tick-Borne Disease written comments should review requirements for operating OIG. The Working Group directions at https://www.hhs.gov/ash/ organizational changes reflected in this advisory-committees/tickbornedisease/ notice are primarily to realign the AGENCY: Office of HIV/AIDS and meetings/index.html before sending functions within OIG to better reflect Infectious Disease Policy, Office of the their comments to tickbornedisease@ the current work environment and Assistant Secretary for Health, Office of hhs.gov on or before November 26, priorities and to more clearly delineate the Secretary, Department of Health and 2018. During the meeting, the Working responsibilities for the various activities Human Services. Group will review the work of the within OIG’s offices. ACTION: Notice. public comments subcommittee, discuss OIG was established by law as an SUMMARY: The Department of Health and the release of the 2018 Report to independent and objective oversight Human Services (HHS) announces the Congress, recognize the subcommittee unit of the Department to carry out the eighth meeting of the Tick-Borne members for their contributions to the mission of preventing fraud and abuse Disease Working Group (Working 2018 Report, and address the next steps and promoting economy, efficiency, and Group) on December 3, 2018, from 1:00 and transition to a new Working Group effectiveness of HHS programs and p.m. to 4:00 p.m., Eastern Time. The for the 2020 Report to Congress. operations. In furtherance of this eighth meeting will be an online Background and Authority: The Tick- mission, the organization: • meeting held via webcast. The Working Borne Disease Working Group was Conducts and supervises audits, Group will review the work of the established on August 10, 2017, in investigations, evaluations, and public comments subcommittee, discuss accordance with section 2062 of the 21st inspections relating to HHS programs the release of the 2018 Report to Century Cures Act, and the Federal and operations; • Congress, recognize the subcommittee Advisory Committee Act, 5 U.S.C. App., identifies systemic weaknesses members for their contributions to the as amended, to provide expertise and giving rise to opportunities for fraud 2018 Report, and address the next steps review all HHS efforts related to tick- and abuse in HHS programs and and transition to a new Working Group borne diseases to help ensure operations and makes recommendations for the 2020 Report to Congress. interagency coordination and minimize to prevent their recurrence; overlap, examine research priorities, • DATES: The meeting will be held on leads and coordinates activities to and identify and address unmet needs. December 3, 2018, from 1:00 p.m. to prevent and detect fraud and abuse in In addition, the Working Group will 4:00 p.m., Eastern Time. HHS programs and operations; report to the Secretary and Congress on • detects wrongdoers and abusers of ADDRESSES: This will be an online their findings and any recommendations HHS programs and beneficiaries so meeting that is held via webcast. for the federal response to tick-borne appropriate remedies may be brought to Members of the public may attend the disease prevention, treatment and bear, including imposing administrative meeting via webcast. Instructions for research, and addressing gaps in those sanctions against providers of health attending the meeting via webcast will areas. care under Medicare and Medicaid who be posted one week prior to the meeting commit certain prohibited acts; and at: https://www.hhs.gov/ash/advisory- Dated: October 25, 2018. • keeps the Secretary of Health and committees/tickbornedisease/meetings/ James J. Berger, Human Services and Congress fully and index.html. Senior Advisor for Blood and Tissue Policy, Designated Federal Officer, Tick-Borne currently informed about problems and FOR FURTHER INFORMATION CONTACT: Disease Working Group. deficiencies in the administration of James Berger, Office of HIV/AIDS and [FR Doc. 2018–24260 Filed 11–5–18; 8:45 am] HHS programs and operations and about Infectious Disease Policy, Office of the BILLING CODE 4150–28–P the need for and progress of corrective Assistant Secretary for Health, action. Department of Health and Human In addition, OIG works with the Services; via email at tickbornedisease@ DEPARTMENT OF HEALTH AND Department of Justice (DOJ), on behalf of hhs.gov or by phone at 202–795–7697. HUMAN SERVICES the Secretary, to operate the Health Care SUPPLEMENTARY INFORMATION: The Fraud and Abuse Control Program. In Working Group invites public comment Office of Inspector General accordance with authority enacted in its on issues related to the Working Group’s annual appropriations, OIG also charge. It may be provided via webcast [OIG–1810–N] provides protection services to the Secretary and conducts criminal at the meeting or in writing. Persons Statement of Organization, Functions, investigations of violations of Federal who wish to provide public comment and Delegations of Authority via webcast should review directions at child support provisions. https://www.hhs.gov/ash/advisory- AGENCY: Office of Inspector General In support of its mission, OIG carries committees/tickbornedisease/meetings/ (OIG), HHS. out and maintains an internal quality index.html before submitting a request ACTION: Notice. assurance system and a peer-review to do so via email at tickbornedisease@ system with other Offices of Inspector hhs.gov. Requests to provide webcast SUMMARY: This notice replaces all General, including periodic quality comments are due on or before language in Part Q (Office of the assessment studies and quality control November 26, 2018, and will be limited Secretary) of the Statement of reviews, to provide reasonable to three minutes each to accommodate Organization, Functions, and assurance that applicable laws, as many speakers as possible. If more Delegations of Authority for the regulations, policies, procedures, requests are received than can be Department of Health and Human standards, and other requirements are accommodated, speakers will be Services (HHS or the Department), followed, are effective, and are randomly selected. The nature of the Office of Inspector General (OIG) (81 FR functioning as intended in OIG comments will not be considered in 13807, as published March 15, 2016). operations.

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Section Q, Office of Inspector General— needs of OIG, sets OIG policies and tools, skills, and support to use data and Organization priorities, oversees OIG operations, and data analytics. Finally, OMP coordinates There is at the head of OIG a statutory provides reports to the Secretary and organizational performance Inspector General, appointed by the Congress. By statute, the Inspector management activities. General exercises general personnel President and confirmed by the Senate. Section QE.00, Office of Evaluation and authority, e.g., selection, promotion, and OIG consists of six organizational units: Inspections—Mission assignment of employees, including 1. Immediate Office of the Inspector members of the Senior Executive The Office of Evaluation and General (QA) Service. The Inspector General delegates Inspections (OEI) is responsible for 2. Office of Management and Policy related authorities as appropriate. The conducting indepth evaluations of HHS (QC) Principal Deputy Inspector General programs, operations, and processes to 3. Office of Evaluation and Inspections assists the Inspector General in the identify vulnerabilities and recommend (QE) management of OIG, and during the corrective action; to prevent and detect 4. Office of Counsel to the Inspector absence of the Inspector General, acts as fraud and abuse; and to promote General (QG) the Inspector General. The Principal efficiency and effectiveness in HHS 5. Office of Audit Services (QH) Deputy Inspector General supervises the programs and operations. OEI conducts 6. Office of Investigations (QJ) Chief Counsel to the Inspector General, its work in accordance with the Quality Section Q, Office of Inspector General— the Deputy Inspectors General, who Standards for Inspection and Evaluation Functions head the major OIG components, as well issued by the Council of the Inspectors as the Chief of Staff. General on Integrity and Efficiency. The component sections that follow The Immediate Office interacts with Section QE.10, Office of Evaluation and describe the specific functions of the the Department, Congress, and the Inspections—Organization organization. public and leads OIG’s congressional, Section QA.00, Immediate Office of the media, and public affairs functions. The OEI is directed by the Deputy Inspector General—Mission office also plans, conducts, and Inspector General for the Office of participates in a variety of interagency Evaluation and Inspections who, aided The Immediate Office of the Inspector cooperative projects and undertakings by Assistant Inspectors General, is General is directly responsible for relating to fraud and abuse with the responsible for carrying out OIG’s meeting the statutory mission of OIG as DOJ, the Centers for Medicare & responsibilities to evaluate the a whole and for promoting effective OIG Medicaid Services (CMS), and other effectiveness and efficiency of HHS internal quality assurance systems, governmental agencies, and is programs and operations. The office is including quality assessment studies responsible for the reporting and comprised of headquarters and regional and quality control reviews of OIG legislative functions required by the functions. processes and products. Inspector General Act. Section QE.20, Office of Evaluation and Section QA.10, Immediate Office of the Section QC.00, Office of Management Inspections—Functions Inspector General—Organization and Policy—Mission OEI is responsible for conducting The Immediate Office comprises the The Office of Management and Policy evaluations of HHS programs; Inspector General, Principal Deputy (OMP) provides management, guidance, conducting data and trend analysis; and Inspector General, Chief of Staff, several and resources in support of OIG. recommending changes in programs, technical advisors, including the Chief procedures, policies, regulations, and Medical Officer, and staff. Section QC.10, Office of Management legislation. OEI develops evaluation and Policy—Organization Section QA.20, Immediate Office of the policies, procedures, techniques, and Inspector General—Functions OMP is directed by the Deputy guidelines to be followed by all OEI staff Inspector General for Management and in conducting evaluations. The office The Inspector General is appointed by Policy, who, aided by Assistant maintains an internal quality assurance the President, with the advice and Inspectors General, assures that OIG has program. OEI also oversees the activities consent of the Senate, and reports to the financial and administrative of State Medicaid Fraud Control Units and is under the general supervision of resources necessary to fulfill its mission. (MFCUs) to ensure the MFCUs’ the Secretary or, to the extent such This office carries out its compliance with Federal grant authority is delegated, the Deputy responsibilities through headquarters regulations, administrative rules, and Secretary. The Inspector General does functions. performance standards for the purpose not report to and is not subject to of certifying or recertifying the MFCUs Section QC.20, Office of Management supervision by any other officer in the annually. The office also maintains and Policy—Functions Department. In keeping with the automated data and management independence conferred by the The staffs within OMP are responsible information systems used by all OEI Inspector General Act, the Inspector for formulating and executing OIG’s employees, a quality assurance/peer- General assumes and exercises, through budget, developing policy, and review program, and policy and line management, all functional managing information technology, procedure manuals. authorities related to the administration human resources, executive resources, and management of OIG and all procurement activities, and physical Section QG.00, Office of Counsel to the mission-related authorities stated or space. OMP also executes and maintains Inspector General—Mission implied in the law or delegated directly an internal quality assurance system, In accordance with section 3(g) of the from the Secretary. The Inspector which includes quality control reviews Inspector General Act (5 U.S.C. App. General provides executive leadership of its processes and products to ensure § 3(g)), the Office of Counsel to the to the organization and exercises general that OIG policies and procedures are Inspector General (OCIG) provides all supervision over the personnel and followed and function as intended. legal advice to OIG and represents OIG functions of its major components. The OMP provides centralized services and in administrative litigation. OCIG Inspector General determines the budget management to deliver to OIG data, proposes and litigates civil money

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penalty (CMP) and program exclusion OCIG also determines whether to conducting audits that identify and cases within the jurisdiction of OIG. It propose or implement administrative report ways to improve the economy, coordinates False Claims Act matters sanctions, including CMPs and efficiency, and effectiveness of involving HHS programs and resolves assessments within OIG’s jurisdiction. operations and services to beneficiaries voluntary disclosure cases. OCIG The office litigates and resolves all of HHS programs and to help reduce develops guidance to assist providers in appealed or contested exclusions from fraud, waste, abuse, and establishing compliance programs; participation in Federal health care mismanagement. OAS conducts audits monitors ongoing compliance of programs under the Social Security Act. and oversees audit work performed by providers subject to integrity In conjunction with DOJ, the office others. It conducts its work in agreements; and promotes industry represents HHS in all False Claims Act accordance with Government Auditing awareness through advisory opinions, cases, including qui tam cases, and is Standards and follows applicable legal, fraud alerts, and special advisory responsible for final approval of civil regulatory, and administrative bulletins. False Claims Act settlements for the requirements. Department, including the resolution of Section QH.10, Office of Audit Section QG.10, Office of Counsel to the the program exclusion authorities that Services—Organization Inspector General—Organization have been delegated to OIG. OCIG is directed by the Chief Counsel In conjunction with the Office of OAS is directed by the Deputy to the Inspector General, who also Investigations, OCIG coordinates Inspector General for Audit Services, serves as OIG’s Deputy Ethics Officer resolution of all voluntary and who, aided by Assistant Inspectors and is aided by Assistant Inspectors mandatory disclosure under OIG’s General, performs the functions General. The office carries out its Provider Self-Disclosure Protocol, the designated in section 3(d)(1)(A) of the responsibilities through headquarters contractor self-disclosure requirement Inspector General Act for the position of functions. and otherwise. OCIG develops and Assistant Inspector General for monitors corporate and individual Auditing. The office comprises Section QG.20, Office of Counsel to the integrity agreements adopted in headquarters and regional functions and Inspector General—Functions connection with settlement agreements, includes a designated Whistleblower Protection Ombudsman, and the OCIG provides legal advice to OIG on conducts onsite reviews, and develops functions thereof, as required by law issues that arise in the exercise of OIG’s audit and investigative review standards (section 3(d)(1)(C) of the Inspector responsibilities under the Inspector for monitoring such integrity General Act). General Act of 1978, as amended. Such agreements in conjunction with other issues include the scope and exercise of OIG components. The office also Section QH.20, Office of Audit resolves breaches of integrity the Inspector General’s authorities and Services—Functions agreements through the development of responsibilities; investigative corrective action plans and the OAS establishes audit priorities; techniques and procedures (including imposition of sanctions. performs audits; oversees the progress of criminal procedure); the sufficiency and Finally, OCIG issues advisory audits; coordinates with stakeholders on impact of legislative proposals affecting opinions to the health care industry and bodies of work; recommends changes in OIG and HHS; and the conduct and members of the public on whether a program policies, regulations, and resolution of investigations, audits, and current or proposed activity would legislation to prevent fraud, waste, and inspections. The office evaluates the constitute grounds for the imposition of abuse and improve programs and legal sufficiency of OIG findings and a sanction under the anti-kickback operations; and reports on the impact of recommendations and develops formal statute, the CMP law, or the program audit work. The office develops audit legal opinions to support these findings exclusion authorities. The office policies, procedures, techniques, and and recommendations. The office also develops procedures for submitting and guidelines to be followed by all OAS provides legal advice on OIG internal processing requests for advisory staff in conducting audits. OAS administration and operations, opinions and for determining the fees maintains an internal quality assurance including appropriations, procurement, that will be imposed. It solicits and program, conducts peer reviews of other delegations of authority, OIG responds to proposals for new OIGs, and maintains automated data regulations, personnel matters, regulatory safe harbors to the anti- and management information systems disclosure of information under the kickback statute, modifications to used by all OAS employees. The office Freedom of Information Act (FOIA), and existing safe harbors, and new fraud also provides oversight for audits of safeguarding information under the alerts. OCIG consults with DOJ on State and local governments, Privacy Act. Additionally, OCIG proposed advisory opinions and safe universities, and nonprofit coordinates OIG’s regulatory review harbors before issuance or publication. organizations conducted by non-Federal functions required by the Inspector The office provides legal advice to the auditors. OAS also provides education General Act and responses to all components of OIG, other HHS offices, to agency employees about prohibitions requests made under FOIA. The office is and DOJ concerning matters involving on retaliation, and the rights and responsible for the clearance and the interpretation of the anti-kickback remedies against retaliation, for enforcement of OIG subpoenas. statute and other legal authorities, and protected disclosures, as required of the The office represents OIG in assists those components or offices in Whistleblower Protection Ombudsman. administrative litigation and related analyzing the applicability of the anti- Section QJ.00, Office of Investigations— appeals. This includes representing OIG kickback statute to particular practices Mission in personnel and Equal Employment or activities under review. Opportunity matters; coordinating OIG’s The Office of Investigations (OI) is representation in Federal tort actions Section QH.00, Office of Audit granted full statutory law enforcement involving OIG employees; and Services—Mission authority under the Homeland Security representing OIG in bid protests before The Office of Audit Services (OAS) is Act of 2003 (Pub. L. 107–296). OI is the Government Accountability Office responsible for protecting the integrity responsible for protecting the integrity and the U.S. Court of Federal Claims. of HHS operations and programs by of the programs administered and/or

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funded by HHS by conducting criminal, preparedness and response. OI Time: 9:00 a.m. to 5:00 p.m. civil, and administrative investigations coordinates the adoption of advanced Agenda: To review and evaluate grant of fraud and misconduct related to HHS digital forensic acquisition and applications. programs, operations, and employees. Place: National Institutes of Health, 6701 examination and information security Rockledge Drive, Bethesda, MD 20892, The office serves as OIG’s liaison to DOJ technologies to assist in the (Virtual Meeting). on all matters relating to investigations investigation, prevention, and detection Contact Person: Shalanda A Bynum, Ph.D., of HHS programs and personnel and of fraud and abuse; maintains an Scientific Review Officer, Center for reports to the Attorney General when automated data and management Scientific Review, National Institutes of there are reasonable grounds to believe information system used by all OI Health, 6701 Rockledge Drive, Room 3206, Federal criminal law has been violated. employees; provides technical expertise Bethesda, MD 20892, 301–755–4355, OI serves as a liaison to CMS, State on computer applications for [email protected]. licensing boards, and other outside investigations; and coordinates and Name of Committee: Center for Scientific organizations and entities with regard to approves investigative computer Review Special Emphasis Panel; Member exclusion, compliance, and enforcement Conflict: Bone and Cartilage. matches with other agencies. In Date: November 29, 2018. activities. addition, the office operates a toll-free Time: 12:00 p.m. to 5:30 p.m. Section QJ.10, Office of Investigations— hotline to permit individuals to report Agenda: To review and evaluate grant Organization suspected fraud, waste, and abuse applications. within HHS programs. Place: National Institutes of Health, 6701 OI is directed by the Deputy Inspector Rockledge Drive, Bethesda, MD 20892, General for Investigations, aided by Daniel R. Levinson, (Virtual Meeting). Assistant Inspectors General, and Inspector General. Contact Person: Richard Ingraham, Ph.D., performs the functions designated in the [FR Doc. 2018–23935 Filed 11–5–18; 8:45 am] Scientific Review Officer, Center for law (section 3(d)(1)(B) of the Inspector Scientific Review, National Institutes of BILLING CODE 4152–01–P Health, 6701 Rockledge Drive, Room 4116, General Act) for the position of MSC 7814, Bethesda, MD 20892, 301–496– Assistant Inspector General for 8551, [email protected]. Investigations. The office is comprised DEPARTMENT OF HEALTH AND Name of Committee: Center for Scientific of headquarters and regional functions. HUMAN SERVICES Review Special Emphasis Panel; Role of Section QJ.20, Office of Investigations— Blood Brain Barrier in Pain and Brain National Institutes of Health Tumors, Peripheral Nerve and Brain Injury. Functions Date: November 30, 2018. OI conducts criminal, civil, and Center for Scientific Review; Notice of Time: 11:00 a.m. to 12:30 p.m. administrative investigations of Closed Meetings Agenda: To review and evaluate grant allegations of fraud, waste, abuse, applications. Pursuant to section 10(d) of the Place: National Institutes of Health, 6701 mismanagement, and violations of Federal Advisory Committee Act, as standards of conduct within the Rockledge Drive, Bethesda, MD 20892, amended, notice is hereby given of the (Telephone Conference Call). jurisdiction of OIG. OI establishes following meetings. Contact Person: Seetha Bhagavan, Ph.D., investigative priorities, evaluates the The meetings will be closed to the Scientific Review Officer, Center for progress of investigations, and reports public in accordance with the Scientific Review, National Institutes of findings to the Inspector General. The provisions set forth in sections Health, 6701 Rockledge Drive, Room 5194, office develops and implements 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., MSC 7846, Bethesda, MD 20892, (301) 237– 9838, [email protected]. investigative techniques, programs, as amended. The grant applications and guidelines, and policies; manages OI’s the discussions could disclose (Catalogue of Federal Domestic Assistance quality assurance/peer-review program, Program Nos. 93.306, Comparative Medicine; confidential trade secrets or commercial and conducts peer reviews of other 93.333, Clinical Research, 93.306, 93.333, property such as patentable material, OIGs. OI also carries out and maintains 93.337, 93.393–93.396, 93.837–93.844, and personal information concerning an internal quality assurance system. 93.846–93.878, 93.892, 93.893, National individuals associated with the grant Institutes of Health, HHS) The system includes quality assessment applications, the disclosure of which studies and quality control reviews of would constitute a clearly unwarranted Dated: October 31, 2018. OI processes and products to ensure that invasion of personal privacy. David D. Clary, policies and procedures are followed Program Analyst, Office of Federal Advisory Name of Committee: Center for Scientific effectively and are functioning as Committee Policy. Review Special Emphasis Panel; PAR 17– intended. The office effectuates [FR Doc. 2018–24224 Filed 11–5–18; 8:45 am] mandatory and permissive exclusions 158: Secondary Data Analyses For NIMH Research Domain Criteria (R03). BILLING CODE 4140–01–P from participation in Federal health care Date: November 28, 2018. programs under the Social Security Act; Time: 12:00 p.m. to 2:00 p.m. decides on all requests for reinstatement Agenda: To review and evaluate grant DEPARTMENT OF HEALTH AND from, or waiver of, exclusions; and applications. HUMAN SERVICES participates in developing standards Place: National Institutes of Health, 6701 governing the imposition of these Rockledge Drive, Bethesda, MD 20892, National Institutes of Health exclusion authorities. The office also (Telephone Conference Call). oversees OIG’s suspension and Contact Person: Julius Cinque, MS, Prospective Grant of Exclusive Patent debarment referral program. OI Scientific Review Officer, Center for License: Therapeutics for Insulin Scientific Review, National Institutes of implements policies and procedures Resistance and Non-Alcoholic Fatty Health, 6701 Rockledge Drive, Room 5186, Liver Disease/Non-Alcoholic and plans, develops, implements, and MSC 7846, Bethesda, MD 20892, (301) 435– evaluates all levels of training for OI 1252, [email protected]. Steatohepatitis (NASH/NAFLD) employees. The staff provides for the Name of Committee: Center for Scientific AGENCY: National Institutes of Health, personal protection of the Secretary and Review Special Emphasis Panel; Member HHS. other Department officials, as needed, conflict: AIDS and Related Research. ACTION: Notice. and all emergency operations Date: November 29, 2018.

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SUMMARY: The National Heart, Lung and development of obesity and its 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Blood Institute (NHLBI), National metabolic consequences, including as amended. The grant applications and Institutes of Health, Department of insulin resistance and type 2 diabetes. the discussions could disclose Health and Human Services, is Beta-cell loss has been demonstrated in confidential trade secrets or commercial contemplating the grant of an exclusive a Zucker diabetic fatty (ZDF) rat model property such as patentable material, commercialization patent license to of type-2 diabetes through CB1R- and personal information concerning Ovensa, Inc. headquartered in Ontario, mediated activation of a macrophage- individuals associated with the grant Canada, to practice the inventions mediated inflammatory response. applications, the disclosure of which embodied in the patent application(s) Conversely, rats treated with a would constitute a clearly unwarranted listed in the Supplementary Information peripheral CB1R antagonist restores invasion of personal privacy. section of this notice. normoglycemia and preserves beta-cell Name of Committee: National Heart, Lung, DATES: Only written comments and/or function. Similar results are seen and Blood Institute Special Emphasis Panel applications for a license which are following selective in vivo knockdown Review of NHLBI Cardiac Surgery Network received by the NHLBI Office of of macrophage CB1R by daily treatment Coordinating Center. Technology Transfer and Development of ZDF rats with the instant D-glucan- Date: November 26, 2018. November 21, 2018 will be considered. encapsulated CB1R small interfering Time: 1:00 p.m. to 3:00 p.m. ADDRESSES: Requests for copies of the RNA (siRNA). Knock-down of CB1R Agenda: To review and evaluate grant patent applications, inquiries, and using glucan encapsulated siRNA applications. represent new methods of treating type- Place: National Institutes of Health, 6701 comments relating to the contemplated Rockledge Drive, Bethesda, MD 20892 exclusive patent license should be 2 diabetes or preventing the progression (Telephone Conference Call). directed to: Michael Shmilovich, Esq., of insulin resistance to overt diabetes. Contact Person: Shelley S Sehnert, Ph.D., Senior Licensing and Patent Manager, This notice is made in accordance Scientific Review Officer, Office of Scientific 31 Center Drive, Room 4A29, MSC2479, with 35 U.S.C. 209 and 37 CFR part 404. Review/DERA, National Heart, Lung, and Bethesda, MD 20892–2479, phone The prospective exclusive patent license Blood Institute, 6701 Rockledge Drive, Room number 301–435–5019, or shmilovm@ will be royalty bearing and may be 7206, Bethesda, MD 20892–7924, 301–435– mail.nih.gov. granted unless within fifteen (15) days 0303, [email protected]. SUPPLEMENTARY INFORMATION: The from the date of this published notice, Name of Committee: National Heart, Lung, following and all continuing U.S. and the NHLBI receives written evidence and Blood Institute Special Emphasis Panel NHLBI SBIR Phase IIB Bridge Awards. foreign patents/patent applications and argument that establishes that the grant of the license would not be Date: November 27, 2018. thereof are the intellectual properties to Time: 7:30 a.m. to 9:30 a.m. be licensed under the prospective consistent with the requirements of 35 U.S.C. 209 and 37 CFR part 404. Agenda: To review and evaluate grant agreement to Ovensa: HHS Ref. No. E– applications. 103–2013–0, U.S. Provisional Patent Complete applications for a license in Place: Crowne Plaza, Washington National Application 61/839,239, ‘‘Glucan- the prospective field of use that are Airport, 1489 Jefferson Davis Hwy, Arlington, Encapsulated siRNA For Treating Type timely filed in response to this notice VA 22202. 2 Diabetes Mellitus,’’ filed June 25, will be treated as objections to the grant Contact Person: William J Johnson, Ph.D., 2013, International Patent Application of the contemplated exclusive patent Scientific Review Officer, Office of Scientific license. Review/DERA, National Heart, Lung, and PCT/2014/043924 filed June 24, 2014, Blood Institute, 6701 Rockledge Drive, Room European Patent Application Comments and objections submitted to this notice will not be made available 7178, Bethesda, MD 20892–7924, 301–827– 14818342.9 filed June 24, 2018, and US 7938, [email protected]. Patent 10,077,446 filed June 24, 2014 for public inspection and, to the extent permitted by law, will not be released Name of Committee: National Heart, Lung, and issued September 18, 2018. The and Blood Institute Special Emphasis Panel patent rights in this invention have been under the Freedom of Information Act, 5 U.S.C. 552. NHLBI SBIR Phase IIB Small Market Awards. assigned to the Government of the Date: November 27, 2018. United States of America. The Dated: October 24, 2018. Time: 9:30 a.m. to 5:00 p.m. prospective license would be granted Michael A. Shmilovich, Agenda: To review and evaluate grant worldwide and in a field of use not Senior Licensing and Patenting Manager, applications. broader than therapeutics for preventing National Heart, Lung, and Blood Institute, Place: Crowne Plaza, Washington National Airport, 1489 Jefferson Davis Hwy, Arlington, or treating insulin resistance and non- Office of Technology Transfer and Development. VA 22202. alcoholic fatty liver disease/non- Contact Person: William J Johnson, Ph.D., alcoholic steatohepatitis. The scope of [FR Doc. 2018–24225 Filed 11–5–18; 8:45 am] Scientific Review Officer, Office of Scientific any proposed licensed may also be BILLING CODE 4140–01–P Review/DERA, National Heart, Lung, and limited to products sold that include Blood Institute, 6701 Rockledge Drive, Room therapeutic siRNAs encapsulated in 7178, Bethesda, MD 20892–7924, 301–827– nanoparticles made from either glucan DEPARTMENT OF HEALTH AND 7938, [email protected]. based biopolymers and/or Ovensa’s HUMAN SERVICES (Catalogue of Federal Domestic Assistance TRIOZANTM (N,N,N-Trimethyl Program Nos. 93.233, National Center for Chitosan) proprietary biopolymer. National Institutes of Health Sleep Disorders Research; 93.837, Heart and Vascular Diseases Research; 93.838, Lung The invention pertains to the use of National Heart, Lung, and Blood glucan encapsulated non- Diseases Research; 93.839, Blood Diseases Institute; Notice of Closed Meetings and Resources Research, National Institutes immunostimulatory small interfering of Health, HHS) RNAs (siRNAs) to treat type-2 diabetes. Pursuant to section 10(d) of the Endocannabinoids (EC) are lipid Federal Advisory Committee Act, as Dated: October 31, 2018. signaling molecules that act on the same amended, notice is hereby given of the Ronald J. Livingston, Jr., cannabinoid receptors that recognize following meetings. Program Analyst, Office of Federal Advisory and mediate the effects of endo- and The meetings will be closed to the Committee Policy. phytocannabanoids. EC receptor CB1R public in accordance with the [FR Doc. 2018–24222 Filed 11–5–18; 8:45 am] activation is implicated in the provisions set forth in sections BILLING CODE 4140–01–P

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DEPARTMENT OF HEALTH AND provisions set forth in sections certifying organizations, and establishes HUMAN SERVICES 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., a certification start date of November 1, as amended. The grant applications and 2018. National Institutes of Health the discussions could disclose TSA-approved 3PK9–C Certifiers may confidential trade secrets or commercial begin certifying canine teams to TSA National Heart, Lung, and Blood property such as patentable material, standards effective November 1, 2018, Institute; Notice of Closed Meeting and personal information concerning and may continue to certify teams Pursuant to section 10(d) of the individuals associated with the grant thereafter. All certification events must Federal Advisory Committee Act, as applications, the disclosure of which be conducted in accordance with the amended, notice is hereby given of the would constitute a clearly unwarranted requirements of the 3PK9–C Order, by following meeting. invasion of personal privacy. an Authorized Evaluator employed by a The meeting will be closed to the Name of Committee: National Cancer TSA-approved 3PK9–C Certifier. public in accordance with the Institute Special Emphasis Panel; NCI Lasker DATES: The certification start date is provisions set forth in sections Clinical Scholars Review. effective November 1, 2018. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Date: November 14, 2018. ADDRESSES: Interested parties can as amended. The grant applications and Time: 11:30 a.m. to 1:00 p.m. contact [email protected] to obtain Agenda: To review and evaluate grant information about the certification the discussions could disclose applications. confidential trade secrets or commercial Place: National Cancer Institute, Shady program. property such as patentable material, Grove, 9609 Medical Center Drive, Room FOR FURTHER INFORMATION CONTACT: and personal information concerning 7W126, Rockville, MD 20850 (Telephone Christopher Shelton, 3PK9–C Team, individuals associated with the grant Conference Call). Canine Training Center, Training and applications, the disclosure of which Contact Person: Caron A. Lyman, Ph.D., Development, Transportation Security would constitute a clearly unwarranted Scientific Review Officer, Resources and Administration, U.S. Department of invasion of personal privacy. Training Review Branch, Division of Extramural Activities, National Cancer Homeland Security; email to 3PKCert@ Name of Committee: Heart, Lung, and Institute, NIH, 9609 Medical Center Drive, tsa.dhs.gov; telephone at (210) 396–4425 Blood Initial Review Group, Heart, Lung, and Room 7W126, Bethesda, MD 20892–9750, (desk); fax to (210) 671–4911. Blood Program Project Review Committee. 240–276–6348, [email protected]. SUPPLEMENTARY INFORMATION: Date: November 30, 2018. This notice is being published less than 15 Time: 8:00 a.m. to 2:00 p.m. days prior to the meeting due to the timing Background Agenda: To review and evaluate grant limitations imposed by the review and applications. TSA created the Third-Party Canine- funding cycle. Place: Sheraton BWI (Baltimore), 1100 Old Cargo (3PK9–C) Program, under TSA’s Elkridge Landing Road, Baltimore, MD (Catalogue of Federal Domestic Assistance regulations for Certified Cargo Screening 21090. Program Nos. 93.392, Cancer Construction; Programs (CCSP), see 49 CFR part 1549, Contact Person: Jeffrey H. Hurst, Ph.D., 93.393, Cancer Cause and Prevention to provide an efficient and effective Scientific Review Officer, Office of Scientific Research; 93.394, Cancer Detection and method for screening air cargo to TSA’s Review/DERA, National Heart, Lung, and Diagnosis Research; 93.395, Cancer standards. Under this program, third- Blood Institute, National Institutes of Health, Treatment Research; 93.396, Cancer Biology party canine teams trained in explosives 6701 Rockledge Drive, Room 7208, Bethesda, Research; 93.397, Cancer Centers Support; detection can be certified by a non- MD 20892, 301–435–0303, hurstj@ 93.398, Cancer Research Manpower; 93.399, nhlbi.nih.gov. Cancer Control, National Institutes of Health, governmental entity, acting under the approval of TSA, as meeting TSA’s (Catalogue of Federal Domestic Assistance HHS) Program Nos. 93.233, National Center for certification standards. Certified 3PK9– Dated: October 31, 2018. C teams can be deployed to screen air Sleep Disorders Research; 93.837, Heart and Melanie J. Pantoja, Vascular Diseases Research; 93.838, Lung cargo for aircraft operators, foreign air Diseases Research; 93.839, Blood Diseases Program Analyst, Office of Federal Advisory carriers, and other TSA-regulated and Resources Research, National Institutes Committee Policy. parties operating under a TSA-approved of Health, HHS) [FR Doc. 2018–24223 Filed 11–5–18; 8:45 am] or accepted security program. BILLING CODE 4140–01–P On May 18, 2018, TSA published a Dated: October 31, 2018. notice in the Federal Register seeking Ronald J. Livingston, Jr., applications from qualified persons Program Analyst, Office of Federal Advisory DEPARTMENT OF HOMELAND interested in becoming an approved Committee Policy. SECURITY 3PK9–C Certifier under the 3PK9–C [FR Doc. 2018–24221 Filed 11–5–18; 8:45 am] Program. See 83 FR 23287. BILLING CODE 4140–01–P Transportation Security Administration The CCSP–K9 security program will define the requirements that TSA- Announcement of Approved Third- regulated canine explosives detection DEPARTMENT OF HEALTH AND Party Canine-Cargo Certifiers, and teams must meet when screening cargo HUMAN SERVICES Start of Certification Events for air carriers and screening facilities and will include eligibility requirements National Institutes of Health AGENCY: Transportation Security Administration, DHS. for canine explosives detection teams. National Cancer Institute Notice of ACTION: Notice. These eligibility requirements for canine Closed Meeting explosives detection teams include, but SUMMARY: The Transportation Security are not limited to, experience, Pursuant to section 10(d) of the Administration (TSA) has approved the education, vetting, and citizenship Federal Advisory Committee Act, as following organizations to assess third- requirements for canine team handlers. amended, notice is hereby given of the party explosives detection canine teams These eligibility requirements for canine following meeting. to determine whether they meet TSA’s explosives detection teams are not The meeting will be closed to the standards for screening air cargo. This contained in the 3PK9 Certifier Order. public in accordance with the notice announces the list of approved The 3PK9 Security Program and Order

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are not available to the public as they TSA will continue to provide updates DEPARTMENT OF THE INTERIOR contain information that cannot be pending formal release of the CCSP–K9 publicly disclosed under 49 CFR part security program. If you have questions, Bureau of Land Management 1520. Individuals that complete the please feel free to email the TSA 3PK9– [LLCON01000. required vetting processes and other C Team at [email protected]. L51100000.GA0000.LVEMC17CC180.17X] agreements necessary for release of Dated: October 31, 2018. Sensitive Security Information (SSI), Notice of Availability of the including documenting a ‘‘need to Ronald Gallihugh, Environmental Assessment and Notice know,’’ will be provided a copy of the Deputy Executive Assistant Administrator, of Public Hearing for the Peabody Order and Security Program. Enterprise Support. Twentymile Coal LLC, Federal Coal Canine explosives detection teams [FR Doc. 2018–24218 Filed 11–5–18; 8:45 am] Lease-by-Application COC–78449, may seek certification as early as BILLING CODE 9110–05–P Routt County, CO November 1, 2018, but all teams should AGENCY: understand that successful completion Bureau of Land Management, of a 3PK9–C certification event is only Interior. one of the requirements for explosives DEPARTMENT OF THE INTERIOR ACTION: Notice of availability and notice detection canine teams under the CCSP– of public hearing. Bureau of Land Management K9 security program. Among other SUMMARY: In accordance with Federal requirements, the CCSP–K9 security coal management regulations, the program requires canine explosives [18XL1109AF LLUTG02000 Peabody Twentymile Coal, LLC, detection teams to pass a background L13100000.DO0000] (Twentymile) Federal Coal Lease-by- check before an air carrier may hire Application (LBA) Environmental them to screen cargo. Notice of Termination of the San Rafael Swell Master Leasing Plan, Utah; Assessment (EA) is available for public 3PK9 Certifiers Correction review and comment. The Bureau of Land Management (BLM) Little Snake The following individuals and Field Office (LSFO) will hold a public organizations have been approved by AGENCY: Bureau of Land Management, hearing to receive comments on the EA, TSA to serve as 3PK9 Certifiers: Interior. Fair Market Value (FMV), and BSA Security and Investigations, Inc., ACTION: Notice; correction. Maximum Economic Recovery (MER) of Point of Contact: Bruce Schofield, the coal resources for Peabody [email protected], SUMMARY: On July 13, 2018, the Bureau Twentymile Coal, LLC, serial number Phone: (909) 350–2600. of Land Management published a Notice COC–78449. Dogs for Defense Inc., Point of Contact: in the Federal Register terminating the DATES: The public hearing will be held Kristin Hughes, [email protected], San Rafael Swell Master Leasing Plan November 28, 2018, from 5 p.m. to 7 Phone: (320) 980–2235. process. The name of the master leasing p.m. Written comments must be EPG LLC, Point of Contact: Brian C. plan in the Notice was incorrect. This received no later than December 6, Hayen, [email protected], Phone: (203) Notice corrects the name of the master 2018. 921–6021. leasing plan. ExcetK9, Point of Contact: Dr. Jorge ADDRESSES: The public hearing will be Maciel, [email protected], FOR FURTHER INFORMATION CONTACT: held at the BLM LSFO, 455 Emerson St., Phone: (410) 436–7271. Chris Conrad, by telephone, 435–636– Craig, CO 81625. Written comments Hill Country Dog Center LLC, Point of 3600, or by email, [email protected]. specific to the Twentymile LBA, FMV and MER must be sent to Jennifer Contact: Michael Clemenson, Mike@ Correction hcdogcenter.com, Phone: (830) 510– Maiolo at the BLM LSFO, 455 Emerson 4700. In the Federal Register of July 13, St., Craig, CO 81625, via email to International Canine College, Inc., Point 2018, in FR Doc. 2018–15016, on page [email protected] or via fax to 970–826– of Contact: Bob Anderson, Bobik9c@ 32681, correct the following: 5002. Copies of the EA are available gmail.com, Phone: (561) 722–3881. • online at https://go.usa.gov/xQZNb and The title to read ‘‘Notice of the LSFO address above. K–9 Solutions International, Inc., Point Termination of the San Rafael Desert FOR FURTHER INFORMATION CONTACT: of Contact: Jason Johnson, j.johnson@ Master Leasing Plan, Utah;’’ ik9.com, Phone: (810) 844–6045. LSFO Mining Engineer Jennifer Maiolo • K–9 Specialized Training and the first sentence in the SUMMARY at 970–826–5077 or via email at Consulting LLC, Point of Contact: section to read ‘‘The preparation of an [email protected]. Persons who use a David Dorn, [email protected], Phone: Environmental Assessment associated telecommunications device for the deaf (925) 997–3122. with the San Rafael Desert Master (TDD) may call the Federal Relay Renbar Kennels, LLC, Point of Contact: Leasing Plan Amendment is no longer Service (FRS) at 1–800–877–8339 to William Scribner, Renbar.kennels@ required, and the process is hereby contact the above individual during sbcglobal.net, Phone: (203) 546–0150. terminated.’’ normal business hours. The FRS is Spectrum Canine Solutions, Point of • the DATES section to read available 24 hours a day, 7 days a week, Contact: Marilyn Rivera-Schembre, ‘‘Termination of the planning process to leave a message or questions for the [email protected], for the San Rafael Desert Master Leasing above individual. You will receive a Phone: (210) 772–2181. Plan Amendment takes effect reply during normal business hours. The Parker K9 Group LLC, Point of immediately.’’ SUPPLEMENTARY INFORMATION: On April Contact: William Parker, K9Whisper@ 6, 2017, the BLM received an LBA filed comcast.net, Phone: (703) 431–6808. Edwin L. Roberson, by Twentymile to lease 640-acres of Xtreme Concepts Inc., Point of Contact: State Director. Federal coal resources to expand its Jason Johnson, [email protected], [FR Doc. 2018–24271 Filed 11–5–18; 8:45 am] Twentymile Coal Foidel Creek Mine. Phone: (810) 844–6045. BILLING CODE 4310–DQ–P The LBA underlies private surface and

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contains approximately 4.68 million anticipated rate of inflation should be SUPPLEMENTARY INFORMATION: The tons of recoverable Federal coal given; Indian Gaming Regulatory Act (IGRA) resources. The coal resources to be 6. Depreciation, depletion, established the National Indian Gaming offered are limited to coal recoverable amortization and other tax accounting Commission, which is charged with by underground mining methods. factors; and regulating gaming on Indian lands. The Federal coal resources are located in 7. The value of any privately held Commission regulations (25 CFR 514) Routt County, Colorado mineral or surface estate in the Foidel provide for a system of fee assessment Creek Mine area. and payment that is self-administered Sixth Prime Meridian Before including your address, phone by gaming operations. Pursuant to those T5N, R86W; number, email address, or other regulations, the Commission is required Sec 22: E1⁄2NE1⁄4, NE1⁄4SE1⁄4, personal identifying information in your to adopt and communicate assessment 1 1 1 NE ⁄2SE ⁄4SE ⁄4; comment, you should be aware that rates and the gaming operations are Sec 23: N1⁄2, N1⁄2S1⁄2, N1⁄2SW1⁄4SW1⁄4. your entire comment—including your required to apply those rates to their These lands contain 640 acres, more personal identifying information—may revenues, compute the fees to be paid, or less. be made publicly available. While you report the revenues, and remit the fees The EA addresses natural resource, can ask us in your comment to withhold to the Commission. All gaming cultural, socioeconomic, environmental your personal identifying information operations within the jurisdiction of the and cumulative impacts that would from public review, we cannot Commission are required to self- result from leasing these lands. Two guarantee that we will be able to do so. administer the provisions of these alternatives are addressed in the EA: Authority: 40 CFR 1506.6, 43 CFR 3425.3 regulations, and report and pay any fees Alternative 1: (Proposed Action) The and 3425.4. that are due to the Commission. tract would be leased as requested in the Pursuant to 25 CFR 514, the Gregory P. Shoop, application; and Commission must also review regularly Alternative 2: (No Action) The Acting BLM Colorado State Director. the costs involved in processing application would be rejected or denied [FR Doc. 2018–24272 Filed 11–5–18; 8:45 am] fingerprint cards and set a fee based on and the subsurface Federal coal reserves BILLING CODE 4310–JB–P fees charged by the Federal Bureau of would be bypassed. Investigation and costs incurred by the Proprietary information or data Commission. Commission costs include marked as confidential may be DEPARTMENT OF THE INTERIOR Commission personnel, supplies, submitted to the BLM in response to National Indian Gaming Commission equipment costs, and postage to submit this solicitation of comments. the results to the requesting tribe. Information and data marked Fee Rate and Fingerprint Fees Dated: October 26, 2018. confidential will be treated in Jonodev Osceola Chaudhuri, accordance with the applicable laws AGENCY: National Indian Gaming and regulations governing the Commission, Department of the Interior. Chairman. confidentiality of such information or ACTION: Notice. Dated: October 26, 2018. data. A copy of the comments submitted Kathryn C. Isom-Clause, by the public on the EA, FMV, and MER SUMMARY: Notice is hereby given that Vice Chair. the National Indian Gaming for the tract, except those portions Dated: October 26, 2018. identified as proprietary by the author Commission has adopted its annual fee E. Sequoyah Simermeyer, and meeting exemptions in the Freedom rates of 0.00% for tier 1 and 0.062% of Information Act, will be available for (.00062) for tier 2, which remain the Associate Commissioner. public inspection at the BLM LSFO, at same as current fee rates. The tier 2 [FR Doc. 2018–24219 Filed 11–5–18; 8:45 am] the address listed above, during regular annual fee rate represents the lowest fee BILLING CODE 7565–01–P business hours (8 a.m. to 4:30 p.m.), rate adopted by the Commission since Monday through Friday. 2010. These rates shall apply to all Comments on the EA, FMV and MER assessable gross revenues from each DEPARTMENT OF THE INTERIOR gaming operation under the jurisdiction should address, but not necessarily be Bureau of Ocean Energy Management limited to, the following: of the Commission. If a tribe has a 1. The quality and quantity of the certificate of self-regulation, the fee rate Notice on Outer Continental Shelf Oil Federal coal resources; on Class II revenues shall be 0.031% and Gas Lease Sales 2. The mining methods or methods to (.00031) which is one-half of the annual be employed to obtain the MER of the fee rate. The fee rates being adopted AGENCY: Bureau of Ocean Energy coal, including the name of the coal here are effective November 1, 2018, Management, Interior. bed(s) to be mined, timing and rate of and will remain in effect until new rates ACTION: List of Restricted Joint Bidders. production, restriction of mining, and are adopted. the inclusion of the tracts in an existing The National Indian Gaming SUMMARY: Pursuant to the Bureau of mining operation; Commission has also adopted its Ocean Energy Management (BOEM) 3. The price the mined coal would fingerprint processing fees of $18 per regulatory restrictions on joint bidding, bring when sold; card effective November 1, 2018. These the Director of the BOEM is publishing 4. Costs, including mining and fees remain the same as current a List of Restricted Joint Bidders. Each reclamation costs, of producing the coal fingerprint processing fees. entity within one of the following and the anticipated timing of FOR FURTHER INFORMATION CONTACT: groups is restricted from bidding with production; Yvonne Lee, National Indian Gaming any entity in any of the other following 5. The percentage rate at which Commission, 1849 C Street NW, Mail groups at Outer Continental Shelf oil anticipated income streams should be Stop #1621, Washington, DC 20240; and gas lease sales to be held during the discounted, either with inflation, or in telephone (202) 632–7003; fax (202) bidding period November 1, 2018, absence of inflation, in which case the 632–7066. through April 30, 2019.

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DATES: This List of Restricted Joint ACTION: Notice; correction. review, discussion, evaluation, and Bidders will cover the period November recommendation on applications for 1, 2018, through April 30, 2019. SUMMARY: The Department of Labor Certificates of Indemnity submitted to (DOL) published a document in the SUPPLEMENTARY INFORMATION: This List the Federal Council on the Arts and the Federal Register of November 1, 2018, Humanities, for exhibitions beginning of Restricted Joint Bidders will cover the concerning request for comments on the period November 1, 2018, through April on or after January 1, 2019. Because the collection of data about the Evaluation meeting will consider proprietary 30, 2019, and replace the prior list of Strategies Used in America’s Promise published on May 15, 2018 (83 FR financial and commercial data provided Job Driven Grant Program Evaluation. in confidence by indemnity applicants, 22513), which covered the period of The document contained incorrect title. May 1, 2018, through October 31, 2018. and material that is likely to disclose FOR FURTHER INFORMATION CONTACT: trade secrets or other privileged or Group I Megan Lizik by email at BP America Production Company confidential information, and because it [email protected], or call is important to keep the values of BP Exploration & Production Inc. 202–430–1255. BP Exploration (Alaska) Inc. objects to be indemnified, and the SUPPLEMENTARY INFORMATION: Group II methods of transportation and security Chevron Corporation Correction measures confidential, I have Chevron U.S.A. Inc. determined that that the meeting will be In the Federal Register of November closed to the public pursuant to Chevron Midcontinent, L.P. 1, 2018, in FR Doc. 83 FR 54943, on Unocal Corporation subsection (c)(4) of section 552b of Title page 54943, in the third column, correct 5, United States Code. I have made this Union Oil Company of California the Title caption to read: ‘‘Agency determination under the authority Pure Partners, L.P. Information Collection Activities; granted me by the Chairman’s Group III Submission for OMB Review; Comment Delegation of Authority to Close Eni Petroleum Co. Inc. Request, America’s Promise Job Driven Advisory Committee Meetings, dated Eni Petroleum US LLC Grant Program Evaluation, New April 15, 2016. Eni Oil US LLC Collection.’’ Eni Marketing Inc. Dated: November 1, 2018. Dated: November 1, 2018. Eni BB Petroleum Inc. Elizabeth Voyatzis, Eni US Operating Co. Inc. Molly Irwin, Committee Management Officer, Federal Chief Evaluation Officer, U.S. Department of Eni BB Pipeline LLC Council on the Arts and the Humanities & Labor. Group IV Deputy General Counsel, National Equinor ASA [FR Doc. 2018–24270 Filed 11–5–18; 8:45 am] Endowment for the Humanities. Equinor Gulf of Mexico LLC BILLING CODE 4510–HX–P [FR Doc. 2018–24246 Filed 11–5–18; 8:45 am] Equinor USA E&P Inc. BILLING CODE 7536–01–P Group V Exxon Mobil Corporation NATIONAL FOUNDATION ON THE ExxonMobil Exploration Company ARTS AND THE HUMANITIES NUCLEAR REGULATORY Group VI COMMISSION Petroleo Brasileiro S.A. Federal Council on the Arts and the Petrobras America Inc. Humanities [NRC–2018–0227] Group VII Shell Oil Company Arts and Artifacts Indemnity Panel Applications and Amendments to Shell Offshore Inc. Advisory Committee Meeting Facility Operating Licenses and Combined Licenses Involving SWEPI LP AGENCY: Federal Council on the Arts Shell Frontier Oil & Gas Inc. and the Humanities, National Proposed No Significant Hazards SOI Finance Inc. Foundation on the Arts and the Considerations and Containing Shell Gulf of Mexico Inc. Humanities. Sensitive Unclassified Non-Safeguards Information and Order Imposing Group VIII ACTION: Notice of meeting. Total E&P USA, Inc. Procedures for Access to Sensitive Unclassified Non-Safeguards Authority: 30 CFR 556.511–556.515. SUMMARY: Pursuant to the Federal Advisory Committee Act, notice is Information Dated: October 31, 2018. hereby given that the Federal Council AGENCY: Nuclear Regulatory Walter D. Cruickshank, on the Arts and the Humanities will Commission. Acting Director, Bureau of Ocean Energy hold a meeting of the Arts and Artifacts Management. International Indemnity Panel. ACTION: License amendment request; notice of opportunity to comment, [FR Doc. 2018–24257 Filed 11–5–18; 8:45 am] DATES: The meeting will be held on BILLING CODE 4310–MR–P Wednesday, November 7, 2018, from request a hearing, and petition for leave 12:00 p.m. to 5:00 p.m. to intervene; order imposing procedures. ADDRESSES: The meeting will be held by DEPARTMENT OF LABOR teleconference originating at the SUMMARY: The U.S. Nuclear Regulatory National Endowment for the Arts, Commission (NRC) received and is Agency Information Collection Washington, DC 20506. Activities; Submission for OMB considering approval of two amendment FOR FURTHER INFORMATION CONTACT: Review; Comment Request, Evaluation requests. The amendment requests are Elizabeth Voyatzis, Committee of the American Apprenticeship for both Peach Bottom Atomic Power Management Officer, 400 7th Street SW, Initiative, New Collection; Correction Station, Unit Nos. 2 and 3. For each Room 4060, Washington, DC 20506, amendment request, the NRC proposes AGENCY: Office of the Assistant (202) 606 8322; [email protected]. to determine that they involve no Secretary for Policy, Chief Evaluation SUPPLEMENTARY INFORMATION: The significant hazards consideration. Office, Department of Labor. purpose of the meeting is for panel Because each amendment request

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contains sensitive unclassified problems with ADAMS, please contact III. Notice of Consideration of Issuance nonsafeguards information (SUNSI) an the NRC’s Public Document Room (PDR) of Amendments to Facility Operating order imposes procedures to obtain reference staff at 1–800–397–4209, 301– Licenses and Combined Licenses, access to SUNSI for contention 415–4737, or by email to pdr.resource@ Proposed No Significant Hazards preparation. nrc.gov. The ADAMS accession number Consideration Determination, and DATES: Comments must be filed by for each document referenced (if it is Opportunity for a Hearing December 6, 2018. A request for a available in ADAMS) is provided the The Commission has made a hearing must be filed by January 7, first time that it is mentioned in this proposed determination that the 2019. Any potential party as defined in document. following amendment requests involve Section 2.4 of title 10 of the Code of • NRC’s PDR: You may examine and no significant hazards consideration. Federal Regulations (10 CFR), who purchase copies of public documents at Under the Commission’s regulations in believes access to SUNSI is necessary to the NRC’s PDR, Room O1–F21, One 10 CFR 50.92, this means that operation respond to this notice must request White Flint North, 11555 Rockville of the facility in accordance with the document access by November 16, 2018. Pike, Rockville, Maryland 20852. proposed amendment would not (1) ADDRESSES: You may submit comments involve a significant increase in the by any of the following methods: B. Submitting Comments probability or consequences of an • accident previously evaluated, or (2) Federal Rulemaking Website: Go to Please include Docket ID NRC–2018– http://www.regulations.gov and search create the possibility of a new or 0227, facility name, unit number(s), for Docket ID NRC–2018–0227. Address different kind of accident from any plant docket number, application date, questions about Docket IDs in accident previously evaluated, or (3) and subject in your comment Regulations.gov to Jennifer Borges; involve a significant reduction in a telephone: 301–287–9127; email: submission. margin of safety. The basis for this [email protected]. For technical The NRC cautions you not to include proposed determination for each questions, contact the individual listed identifying or contact information that amendment request is shown below. in the FOR FURTHER INFORMATION you do not want to be publicly The Commission is seeking public CONTACT section of this document. disclosed in your comment submission. comments on this proposed • Mail comments to: May Ma, Office The NRC will post all comment determination. Any comments received of Administration, Mail Stop: TWFN–7– submissions at http:// within 30 days after the date of A60M, U.S. Nuclear Regulatory www.regulations.gov as well as enter the publication of this notice will be Commission, Washington, DC 20555– comment submissions into ADAMS. considered in making any final 0001. The NRC does not routinely edit determination. For additional direction on obtaining comment submissions to remove Normally, the Commission will not information and submitting comments, identifying or contact information. issue the amendment until the see ‘‘Obtaining Information and expiration of 60 days after the date of If you are requesting or aggregating Submitting Comments’’ in the publication of this notice. The comments from other persons for SUPPLEMENTARY INFORMATION section of Commission may issue the license submission to the NRC, then you should this document. amendment before expiration of the 60- inform those persons not to include day period provided that its final FOR FURTHER INFORMATION CONTACT: Kay identifying or contact information that Goldstein, Office of Nuclear Reactor determination is that the amendment they do not want to be publicly involves no significant hazards Regulation, U.S. Nuclear Regulatory disclosed in their comment submission. Commission, Washington, DC 20555– consideration. In addition, the Your request should state that the NRC 0001; telephone: 301–415–1506, email: Commission may issue the amendment does not routinely edit comment [email protected]. prior to the expiration of the 30-day submissions to remove such information comment period if circumstances SUPPLEMENTARY INFORMATION: before making the comment change during the 30-day comment I. Obtaining Information and submissions available to the public or period such that failure to act in a Submitting Comments entering the comment into ADAMS. timely way would result, for example, in derating or shutdown of the facility. II. Background A. Obtaining Information If the Commission takes action prior to Please refer to Docket ID NRC–2018– Pursuant to Section 189a.(2) of the the expiration of either the comment 0227, facility name, unit number(s), Atomic Energy Act of 1954, as amended period or the notice period, it will plant docket number, application date, (the Act), the NRC is publishing this publish a notice of issuance in the and subject when contacting the NRC notice. The Act requires the Federal Register. If the Commission about the availability of information for Commission to publish notice of any makes a final no significant hazards this action. You may obtain publicly- amendments issued, or proposed to be consideration determination, any available information related to this issued and grants the Commission the hearing will take place after issuance. action by any of the following methods: authority to issue and make The Commission expects that the need • Federal Rulemaking Website: Go to immediately effective any amendment to take this action will occur very http://www.regulations.gov and search to an operating license or combined infrequently. for Docket ID NRC–2018–0227. license, as applicable, upon a • NRC’s Agencywide Documents A. Opportunity To Request a Hearing Access and Management System determination by the Commission that and Petition for Leave To Intervene (ADAMS): You may obtain publicly- such amendment involves no significant Within 60 days after the date of available documents online in the hazards consideration, notwithstanding publication of this notice, any persons ADAMS Public Documents collection at the pendency before the Commission of (petitioner) whose interest may be http://www.nrc.gov/reading-rm/ a request for a hearing from any person. affected by this action may file a request adams.html. To begin the search, select This notice includes notices of for a hearing and petition for leave to ‘‘Begin Web-based ADAMS Search.’’ For amendments containing SUNSI. intervene (petition) with respect to the

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action. Petitions shall be filed in to participate fully in the conduct of the its boundaries. Alternatively, a State, accordance with the Commission’s hearing with respect to resolution of local governmental body, Federally- ‘‘Agency Rules of Practice and that party’s admitted contentions, recognized Indian Tribe, or agency Procedure’’ in 10 CFR part 2. Interested including the opportunity to present thereof may participate as a non-party persons should consult a current copy evidence, consistent with the NRC’s under 10 CFR 2.315(c). of 10 CFR 2.309. The NRC’s regulations regulations, policies, and procedures. If a hearing is granted, any person are accessible electronically from the Petitions must be filed no later than who is not a party to the proceeding and NRC Library on the NRC’s website at 60 days from the date of publication of is not affiliated with or represented by http://www.nrc.gov/reading-rm/doc- this notice. Petitions and motions for a party may, at the discretion of the collections/cfr/. Alternatively, a copy of leave to file new or amended presiding officer, be permitted to make the regulations is available at the NRC’s contentions that are filed after the a limited appearance pursuant to the Public Document Room, located at One deadline will not be entertained absent provisions of 10 CFR 2.315(a). A person White Flint North, Room O1–F21, 11555 a determination by the presiding officer making a limited appearance may make Rockville Pike (First Floor), Rockville, that the filing demonstrates good cause an oral or written statement of his or her Maryland 20852. If a petition is filed, by satisfying the three factors in 10 CFR position on the issues but may not the Commission or a presiding officer 2.309(c)(1)(i) through (iii). The petition otherwise participate in the proceeding. will rule on the petition and, if must be filed in accordance with the A limited appearance may be made at appropriate, a notice of a hearing will be filing instructions in the ‘‘Electronic any session of the hearing or at any issued. Submissions (E-Filing)’’ section of this prehearing conference, subject to the As required by 10 CFR 2.309(d) the document. limits and conditions as may be petition should specifically explain the If a hearing is requested, and the imposed by the presiding officer. Details reasons why intervention should be Commission has not made a final regarding the opportunity to make a permitted with particular reference to determination on the issue of no limited appearance will be provided by the following general requirements for significant hazards consideration, the the presiding officer if such sessions are standing: (1) The name, address, and Commission will make a final scheduled. telephone number of the petitioner; (2) determination on the issue of no B. Electronic Submissions (E-Filing) the nature of the petitioner’s right under significant hazards consideration. The the Act to be made a party to the final determination will serve to All documents filed in NRC proceeding; (3) the nature and extent of establish when the hearing is held. If the adjudicatory proceedings, including a the petitioner’s property, financial, or final determination is that the request for hearing and petition for other interest in the proceeding; and (4) amendment request involves no leave to intervene (petition), any motion the possible effect of any decision or significant hazards consideration, the or other document filed in the order which may be entered in the Commission may issue the amendment proceeding prior to the submission of a proceeding on the petitioner’s interest. and make it immediately effective, request for hearing or petition to In accordance with 10 CFR 2.309(f), notwithstanding the request for a intervene, and documents filed by the petition must also set forth the hearing. Any hearing would take place interested governmental entities that specific contentions which the after issuance of the amendment. If the request to participate under 10 CFR petitioner seeks to have litigated in the final determination is that the 2.315(c), must be filed in accordance proceeding. Each contention must amendment request involves a with the NRC’s E-Filing rule (72 FR consist of a specific statement of the significant hazards consideration, then 49139; August 28, 2007, as amended at issue of law or fact to be raised or any hearing held would take place 77 FR 46562; August 3, 2012). The E- controverted. In addition, the petitioner before the issuance of the amendment Filing process requires participants to must provide a brief explanation of the unless the Commission finds an submit and serve all adjudicatory bases for the contention and a concise imminent danger to the health or safety documents over the internet, or in some statement of the alleged facts or expert of the public, in which case it will issue cases to mail copies on electronic opinion which support the contention an appropriate order or rule under 10 storage media. Detailed guidance on and on which the petitioner intends to CFR part 2. making electronic submissions may be rely in proving the contention at the A State, local governmental body, found in the Guidance for Electronic hearing. The petitioner must also Federally-recognized Indian Tribe, or Submissions to the NRC and on the NRC provide references to the specific agency thereof, may submit a petition to website at http://www.nrc.gov/site-help/ sources and documents on which the the Commission to participate as a party e-submittals.html. Participants may not petitioner intends to rely to support its under 10 CFR 2.309(h)(1). The petition submit paper copies of their filings position on the issue. The petition must should state the nature and extent of the unless they seek an exemption in include sufficient information to show petitioner’s interest in the proceeding. accordance with the procedures that a genuine dispute exists with the The petition should be submitted to the described below. applicant or licensee on a material issue Commission no later than 60 days from To comply with the procedural of law or fact. Contentions must be the date of publication of this notice. requirements of E-Filing, at least 10 limited to matters within the scope of The petition must be filed in accordance days prior to the filing deadline, the the proceeding. The contention must be with the filing instructions in the participant should contact the Office of one which, if proven, would entitle the ‘‘Electronic Submissions (E-Filing)’’ the Secretary by email at petitioner to relief. A petitioner who section of this document, and should [email protected], or by telephone fails to satisfy the requirements at 10 meet the requirements for petitions set at 301–415–1677, to (1) request a digital CFR 2.309(f) with respect to at least one forth in this section, except that under identification (ID) certificate, which contention will not be permitted to 10 CFR 2.309(h)(2) a State, local allows the participant (or its counsel or participate as a party. governmental body, or Federally- representative) to digitally sign Those permitted to intervene become recognized Indian Tribe, or agency submissions and access the E-Filing parties to the proceeding, subject to any thereof does not need to address the system for any proceeding in which it limitations in the order granting leave to standing requirements in 10 CFR is participating; and (2) advise the intervene. Parties have the opportunity 2.309(d) if the facility is located within Secretary that the participant will be

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submitting a petition or other filing stating why there is good cause for Exelon Generation Company, LLC, adjudicatory document (even in not filing electronically and requesting Docket Nos. 50–277 and 50–278, Peach instances in which the participant, or its authorization to continue to submit Bottom Atomic Power Station (PBAPS), counsel or representative, already holds documents in paper format. Such filings Unit Nos. 2 and 3, York County, an NRC-issued digital ID certificate). must be submitted by: (1) First class Pennsylvania Based upon this information, the mail addressed to the Office of the Date of amendment request: May 30, Secretary will establish an electronic Secretary, U.S. Nuclear Regulatory 2018. A publicly-available version is in docket for the hearing in this proceeding Commission, Washington, DC 20555– ADAMS under Accession No. if the Secretary has not already 0001, Attention: Rulemaking and ML18150A387. established an electronic docket. Adjudications Staff; or (2) courier, Description of amendment request: Information about applying for a express mail, or expedited delivery This amendment request contains digital ID certificate is available on the sensitive unclassified non-safeguards NRC’s public website at http:// service to the Office of the Secretary, information (SUNSI). The amendments www.nrc.gov/site-help/e-submittals/ 11555 Rockville Pike, Rockville, would revise the Technical getting-started.html. Once a participant Maryland 20852, Attention: Rulemaking Specifications (TSs) to allow continued has obtained a digital ID certificate and and Adjudications Staff. Participants operation with two safety relief valves/ a docket has been created, the filing adjudicatory documents in this safety valves (SRVs/SVs) out-of-service participant can then submit manner are responsible for serving the (OOS) and to increase the reactor adjudicatory documents. Submissions document on all other participants. coolant system pressure safety limit. must be in Portable Document Format Filing is considered complete by first- The proposed changes are based on (PDF). Additional guidance on PDF class mail as of the time of deposit in taking credit for the additional SV that submissions is available on the NRC’s the mail, or by courier, express mail, or was installed on each unit per the public website at http://www.nrc.gov/ expedited delivery service upon site-help/electronic-sub-ref-mat.html. A Extended Power Uprate amendments for depositing the document with the PBAPS Unit 2 and Unit 3, dated March filing is considered complete at the time provider of the service. A presiding the document is submitted through the 21, 2016 (ADAMS Accession No. officer, having granted an exemption ML16034A372), and a re-evaluation of NRC’s E-Filing system. To be timely, an request from using E-Filing, may require electronic filing must be submitted to the transient pressure analysis at the a participant or party to use E-Filing if current licensed thermal power the E-Filing system no later than 11:59 the presiding officer subsequently p.m. Eastern Time on the due date. authorized by the Measurement determines that the reason for granting Upon receipt of a transmission, the E- Uncertainty Recapture uprate Filing system time-stamps the document the exemption from use of E-Filing no amendments dated November 15, 2017 and sends the submitter an email notice longer exists. (ADAMS Accession No. ML17286A013). confirming receipt of the document. The Documents submitted in adjudicatory Basis for proposed no significant E-Filing system also distributes an email proceedings will appear in the NRC’s hazards consideration determination: notice that provides access to the electronic hearing docket which is As required by 10 CFR 50.91(a), the licensee has provided its analysis of the document to the NRC’s Office of the available to the public at https:// issue of no significant hazards General Counsel and any others who adams.nrc.gov/ehd, unless excluded have advised the Office of the Secretary consideration, which is presented pursuant to an order of the Commission below: that they wish to participate in the or the presiding officer. If you do not proceeding, so that the filer need not have an NRC-issued digital ID certificate 1. Does the proposed change involve a serve the document on those significant increase in the probability or as described above, click cancel when consequences of an accident previously participants separately. Therefore, the link requests certificates and you applicants and other participants (or evaluated? will be automatically directed to the Response: No. their counsel or representative) must NRC’s electronic hearing dockets where The proposed change would revise TS apply for and receive a digital ID you will be able to access any publicly Section 3.4.3 to lower the required number certificate before adjudicatory available documents in a particular of operable Safety Relief Valves (SRVs) and documents are filed so that they can Safety Valves (SVs) from a total of 13 to 12, obtain access to the documents via the hearing docket. Participants are and raise the Reactor Coolant System (RCS) E-Filing system. requested not to include personal Safety Limit (SL) from 1,325 to 1,340 psig A person filing electronically using privacy information, such as social [pounds per square inch gauge]. Analysis the NRC’s adjudicatory E-Filing system security numbers, home addresses, or confirms that raising the number of out-of- may seek assistance by contacting the personal phone numbers in their filings, service SRVs/SVs from one to two does not NRC’s Electronic Filing Help Desk unless an NRC regulation or other law have an adverse impact on (1) the overpressure protection for the reactor through the ‘‘Contact Us’’ link located requires submission of such pressure vessel [RPV], (2) the ability of High on the NRC’s public website at http:// information. For example, in some Pressure Coolant Injection (HPCI), Reactor www.nrc.gov/site-help/e- instances, individuals provide home Core Isolation Cooling (RCIC), Standby submittals.html, by email to addresses in order to demonstrate Liquid Control (SLC) and Control Rod Drive [email protected], or by a toll- proximity to a facility or site. With (CRD) safety systems to perform their design free call at 1–866–672–7640. The NRC respect to copyrighted works, except for basis requirements, and (3) the Emergency Electronic Filing Help Desk is available Core Cooling System (ECCS) Loss of Coolant limited excerpts that serve the purpose Accident (LOCA) analysis. The analysis also between 9 a.m. and 6 p.m., Eastern of the adjudicatory filings and would Time, Monday through Friday, confirms that for the peak vessel pressure in constitute a Fair Use application, the overpressure event, there is still over 20 excluding government holidays. participants are requested not to include psi [pounds per square inch] margin to the Participants who believe that they copyrighted materials in their American Society of Mechanical Engineer[s] have a good cause for not submitting submission. (ASME) code overpressure limit. This margin documents electronically must file an also includes the penalty due to the TRACG exemption request, in accordance with statistical pressure adder required to be 10 CFR 2.302(g), with their initial paper included in the analysis results, thereby

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providing additional analytical margin. response to the design basis accidents, AOO margin of safety is established through Raising the dome pressure safety limit by 15 events and Special Events remains bounded (1) the establishment of setpoints for the psi from 1,325 to 1,340 psig [pounds per by existing analyses. These events were actuation of equipment relied upon to square inch gauge] still provides sufficient analyzed under the proposed conditions and margin (approximately 5 psi) for the peak it was confirmed that the existing analyses respond to an event, (2) the design of pressure vessel pressure and thus continues remain bounding for the condition of adding the plant structures, systems, and to support the ASME code overpressure limit a second SRV/SV Out-of-Service at the components, and (3) the parameters requirements. Compliance with the ASME current licensed thermal power. within which the plant is operated. The upset code requirements for vessel Therefore, the proposed change does not proposed change does not change the overpressure protection is still ensured with create the possibility of a new or different setpoints at which the protective actions this change to the dome pressure safety limit kind of accident from any accident are initiated. The proposed design (1,340 psig) to support operation with two previously evaluated. SRVOOS. 3. Does the proposed involve a significant change to lower the required number of This analysis covers the plant response to reduction in a margin of safety? operable SRVs and SVs does not the design basis accidents, Anticipated Response: No. significantly reduce the margin of safety Operational Occurrence (AOO) events and The margin of safety is established through because the RPV overpressure Special Events. The proposed change does the design of the plant structures, systems protection capability of the 12 operable not require any new or unusual operator and components, the parameters within SRVs and SVs is adequate to ensure the actions. The proposed change does not which the plant is operated, and the ASME code allowable peak pressure introduce any new failure modes that could establishment of setpoints for the actuation of result in a new or different accident. The equipment relied upon to respond to an limits are not exceeded. SRVs and SVs are not being modified or event. The proposed change does not change The plant response to the design basis operated differently and will continue to the setpoints at which the protective actions accidents, AAOs, and Special Events operate to meet the design basis requirements are initiated. The proposed change would remains bounded by existing analyses. for RPV overpressure protection. The revise TS Section 3.4.3 to lower the required proposed change does not alter the manner number of operable SRVs and SVs and raise These events were analyzed under the in which the RPV overpressure protection the RCS SL from 1,325 to 1,340 psig. The proposed conditions and it was system is operated and functions and thus, RPV overpressure protection capability of the confirmed that for the peak vessel there is no significant impact on reactor 12 operable SRVs and SVs is adequate to pressure in the overpressure event, there operation. There is no change being made to ensure the ASME code allowable peak is still over 20 psi margin before pressure limits are not exceeded. The plant safety limits or limiting safety system settings reaching the ASME code overpressure that would adversely affect plant safety as a response to the design basis accidents, AOO result of the proposed change. events and Special Events remains bounded limit. The proposed increase of the For PBAPS, the limiting overpressure AOO by existing analyses. These events were dome pressure safety limit from 1,325 to event is the main steam isolation valve analyzed under the proposed conditions and 1,340 psig still provides sufficient closure with scram on high flux (MSIVF). it was confirmed that for the peak vessel margin for the allowed peak vessel The PBAPS ATWS [Anticipated Transient pressure in the overpressure event, there is pressure and, therefore, continues to Without Scram] Special Event analysis still over 20 psi margin to the American support the ASME code overpressure Society of Mechanical Engineer (ASME) code considered the limiting cases for RPV limit requirements. overpressure and is analyzed under two overpressure limit. This margin also includes cases: (1) Main Steam Isolation Valve Closure the penalty due to the TRACG statistical Compliance with the ASME code (MSIVC) and (2) Pressure Regulator Failure pressure adder required to be included in the requirements for upset conditions of Open (PRFO). These events were analyzed analysis results, thereby providing additional vessel overpressure protection is still under the proposed conditions and it was analytical margin. Raising the dome pressure ensured with this change to the dome safety limit by 15 psi from 1,325 to 1,340 psig confirmed that the existing analyses remain pressure safety limit to support bounding for the condition of adding a still provides sufficient margin for the peak second SRV/SV Out-of-Service. pressure vessel pressure and thus continues operation with two SRVs out of service. Therefore, the proposed change does not to support the ASME code overpressure limit Therefore, because the proposed involve a significant increase in the requirements. Compliance with the ASME change does not affect the setpoints at probability or consequences of an accident upset code requirements for vessel which equipment relied upon to previously evaluated. overpressure protection is still ensured with this change to the dome pressure safety limit respond to an event, and the design 2. Does the proposed change create the changes and plant parameters do not possibility of a new or different kind of (1,340 psig) to support operation with two accident from any accident previously SRVOOS. exceed the ASME code allowable evaluated? Therefore, the proposed change does not pressure limits, the change does not Response: No. involve a significant reduction in a margin of ‘‘[i]nvolve a significant reduction in a The proposed change would revise TS safety. margin of safety’’ under 10 CFR Section 3.4.3 to lower the required number From the above analysis, the licensee 50.92(c)(3). of operable SRVs and SVs from a total of 13 concluded that the proposed to 12, and raise the RCS SL from 1,325 to Based on its review of the licensee’s 1,340 psig. The RPV overpressure protection amendment presents no significant analysis, and on the NRC staff’s capability of the 12 operable SRVs and SVs hazards consideration under the additional analysis of 50.92(c)(3), it is adequate to ensure the ASME code standards set forth in 10 CFR appears that the three standards of 10 allowable peak pressure limits are not 50.92(c)(1)–(3), and accordingly, a CFR 50.92(c) are satisfied. Therefore, the exceeded. The SRVs and SVs are not being finding of ‘‘no significant hazards NRC staff proposes to determine that the modified or operated differently and will consideration’’ is justified. amendment request involves no continue to operate to meet the design basis The NRC staff reviewed the licensee’s significant hazards consideration. requirements for RPV overpressure analysis of 10 CFR 50.92(c)(1)–(3). protection. The proposed change does not Concerning the standard in 50.92(c)(3) Attorney for licensee: J. Bradley introduce any new failure modes that could (concerning whether a proposed Fewell, Esquire, Vice President and result in a new or different accident. The amendment would involve a significant Deputy General Counsel, Exelon proposed change does not alter the manner Generation Company, LLC, 200 Exelon in which the RPV overpressure protection reduction in a margin of safety), the NRC staff elected to use its own analysis Way, Kennett Square, Pennsylvania system is operated and functions and thus, 19348. there is no new failure mechanisms for the in place of the licensee’s. The staff’s overpressure protection system. The plant analysis of 50.92(c)(3) is below. The NRC Branch Chief: James G. Danna.

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Exelon Generation Company, LLC, accident from any accident previously Unclassified Non-Safeguards Docket Nos. 50–277 and 50–278, Peach evaluated? Information (SUNSI). Bottom Atomic Power Station, Units 2 Response: No. B. Within 10 days after publication of and 3, York County, Pennsylvania [T]he proposed change does not create the this notice of hearing and opportunity to possibility of a new or different kind of petition for leave to intervene, any Date of amendment request: August accident from any accident previously potential party who believes access to 27, 2018. A publicly-available version is evaluated. SUNSI is necessary to respond to this in ADAMS under Accession No. No new accident scenarios, failure notice may request access to SUNSI. A ML18239A355. mechanisms, or limiting single failures are Description of amendment request: introduced as a result of operation at power ‘‘potential party’’ is any person who This amendment request contains levels based on the uncertainties in the intends to participate as a party by sensitive unclassified non-safeguards calculation of CTP for the stated LEFM demonstrating standing and filing an system conditions. Calculation of the information (SUNSI). The amendments admissible contention under 10 CFR uncertainty associated with these plant 2.309. Requests for access to SUNSI would revise the Technical conditions as well as existing plant Specifications to support the proposed submitted later than 10 days after instrumentation and procedures ensure that publication of this notice will not be compensatory measures for operation of the licensed thermal power and the thermal considered absent a showing of good the Leading Edge Flow Meter (LEFM) power level at which the ECCS have been cause for the late filing, addressing why system at three separate intermediate analyzed in accordance with Appendix K to the request could not have been filed power levels for an indefinite period 10 CFR 50 will not be exceeded. No new equipment or procedure changes are earlier. when the mass flow input to the core C. The requester shall submit a letter thermal power calculation is from one, involved that could add new accident initiators. requesting permission to access SUNSI two, or three feedwater lines in check Therefore, the proposed change does not to the Office of the Secretary, U.S. mode with none in fail mode, and a create the possibility of a new or different Nuclear Regulatory Commission, fourth intermediate power level when kind of accident from any accident Washington, DC 20555–0001, Attention: not more than one LEFM is in fail mode, previously evaluated. Rulemakings and Adjudications Staff, and flow measurement is being 3. Does the proposed change involve a and provide a copy to the Deputy significant reduction in a margin of safety? provided by the associated feedwater General Counsel for Hearings and flow nozzle. The proposed changes Response: No. [T]he proposed change does not involve a Administration, Office of the General would allow operation at power levels Counsel, U.S. Nuclear Regulatory commensurate with the uncertainties in significant reduction in a margin of safety. Operation at power levels based on the Commission, Washington, DC 20555– the measurement of core thermal power uncertainties in the calculation of CTP for the 0001. The expedited delivery or courier (CTP) and reduce the magnitude of the stated LEFM system conditions does not mail address for both offices is: U.S. required reactivity maneuver and plant involve a significant reduction in a margin of Nuclear Regulatory Commission, 11555 power level change for degradation of safety. Calculation of the uncertainties Rockville Pike, Rockville, Maryland the LEFM system. associated with the measurement of core 20852. The email address for the Office Basis for proposed no significant thermal power for these plant conditions as of the Secretary and the Office of the well as existing plant instrumentation and hazards consideration determination: General Counsel are Hearing.Docket@ As required by 10 CFR 50.91(a), the procedures ensure that the licensed thermal power and the thermal power level at which nrc.gov and licensee has provided its analysis of the [email protected], issue of no significant hazards the ECCS have been analyzed in accordance with Appendix K to 10 CFR 50 will not be respectively.1 The request must include consideration, which is presented exceeded. the following information: below, with NRC edits in square Therefore, the proposed change does not (1) A description of the licensing brackets: involve a significant reduction in a margin of action with a citation to this Federal 1. Does the proposed change involve a safety. Register notice; significant increase in the probability or The NRC staff has reviewed the (2) The name and address of the consequences of an accident previously licensee’s analysis and, based on this potential party and a description of the evaluated? review, it appears that the three potential party’s particularized interest Response: No. that could be harmed by the action [T]he proposed change does not standards of 10 CFR 50.92(c) are significantly increase the probability or satisfied. Therefore, the NRC staff identified in C.(1); and consequences of an accident previously proposes to determine that the (3) The identity of the individual or evaluated. amendment request involves no entity requesting access to SUNSI and The proposed change does not affect significant hazards consideration. the requester’s basis for the need for the system design or operation and thus does not Attorney for licensee: J. Bradley information in order to meaningfully create any new accident initiators or increase Fewell, Vice President and Deputy participate in this adjudicatory the probability of an accident previously General Counsel, Exelon Generation proceeding. In particular, the request evaluated. Accident mitigation systems are must explain why publicly available not affected and will function as designed. Company, LLC, 200 Exelon Way, The proposed change does not increase the Kennett Square, PA 19348. versions of the information requested licensed thermal power level and will not NRC Branch Chief: James G. Danna. would not be sufficient to provide the basis and specificity for a proffered cause the thermal power level at which the Order Imposing Procedures for Access ECCS have been analyzed in accordance with contention. Appendix K to 10 CFR 50 to be exceeded. All to Sensitive Unclassified Non- D. Based on an evaluation of the safety analyses continue to be bounded by Safeguards Information for Contention information submitted under paragraph the safety analyses for the current licensed Preparation. Peach Bottom Atomic C.(3) the NRC staff will determine thermal power. Power Station, Unit Nos. 2 and 3, York Therefore, the proposed change does not County, Pennsylvania 1 While a request for hearing or petition to involve a significant increase in the A. This Order contains instructions intervene in this proceeding must comply with the probability or consequences of an accident filing requirements of the NRC’s ‘‘E-Filing Rule,’’ previously evaluated. regarding how potential parties to this the initial request to access SUNSI under these 2. Does the proposed change create the proceeding may request access to procedures should be submitted as described in this possibility of a new or different kind of documents containing Sensitive paragraph.

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within 10 days of receipt of the request SUNSI contentions by that later Administrative Judge, or if he or she is whether: deadline. unavailable, another administrative (1) There is a reasonable basis to G. Review of Denials of Access. judge, or an Administrative Law Judge believe the petitioner is likely to (1) If the request for access to SUNSI with jurisdiction pursuant to 10 CFR establish standing to participate in this is denied by the NRC staff after a 2.318(a); or (c) if another officer has NRC proceeding; and determination on standing and requisite been designated to rule on information need, the NRC staff shall immediately (2) The requestor has established a access issues, with that officer. notify the requestor in writing, briefly legitimate need for access to SUNSI. If challenges to the NRC staff stating the reason or reasons for the determinations are filed, these E. If the NRC staff determines that the denial. requestor satisfies both D.(1) and D.(2) procedures give way to the normal (2) The requester may challenge the process for litigating disputes above, the NRC staff will notify the NRC staff’s adverse determination by requestor in writing that access to concerning access to information. The filing a challenge within 5 days of availability of interlocutory review by SUNSI has been granted. The written receipt of that determination with: (a) notification will contain instructions on the Commission of orders ruling on The presiding officer designated in this such NRC staff determinations (whether how the requestor may obtain copies of proceeding; (b) if no presiding officer the requested documents, and any other granting or denying access) is governed has been appointed, the Chief 3 conditions that may apply to access to by 10 CFR 2.311. Administrative Judge, or if he or she is I. The Commission expects that the those documents. These conditions may unavailable, another administrative include, but are not limited to, the NRC staff and presiding officers (and judge, or an Administrative Law Judge any other reviewing officers) will signing of a Non-Disclosure Agreement with jurisdiction pursuant to 10 CFR or Affidavit, or Protective Order 2 setting consider and resolve requests for access 2.318(a); or (c) if another officer has to SUNSI, and motions for protective forth terms and conditions to prevent been designated to rule on information the unauthorized or inadvertent orders, in a timely fashion in order to access issues, with that officer. minimize any unnecessary delays in disclosure of SUNSI by each individual (3) Further appeals of decisions under who will be granted access to SUNSI. identifying those petitioners who have this paragraph must be made pursuant standing and who have propounded F. Filing of Contentions. Any to 10 CFR 2.311. contentions meeting the specificity and contentions in these proceedings that H. Review of Grants of Access. A basis requirements in 10 CFR part 2. are based upon the information received party other than the requester may The attachment to this Order as a result of the request made for challenge an NRC staff determination summarizes the general target schedule SUNSI must be filed by the requestor no granting access to SUNSI whose release for processing and resolving requests later than 25 days after receipt of (or would harm that party’s interest under these procedures. access to) that information. However, if independent of the proceeding. Such a It is so ordered. more than 25 days remain between the challenge must be filed within 5 days of petitioner’s receipt of (or access to) the the notification by the NRC staff of its Dated at Rockville, Maryland, this 11th day information and the deadline for filing grant of access and must be filed with: of October 2018. all other contentions (as established in (a) The presiding officer designated in For the Nuclear Regulatory Commission. the notice of hearing or opportunity for this proceeding; (b) if no presiding Annette L. Vietti-Cook, hearing), the petitioner may file its officer has been appointed, the Chief Secretary of the Commission.

ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING

Day Event/activity

0 ...... Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests. 10 ...... Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: Supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding. 60 ...... Deadline for submitting petition for intervention containing: (i) Demonstration of standing; and (ii) all contentions whose formu- lation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply). 20 ...... U.S. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff’s determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). 25 ...... If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access. 30 ...... Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 40 ...... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI.

2 Any motion for Protective Order or draft Non- yet been designated, within 30 days of the deadline 46562; August 3, 2012) apply to appeals of NRC Disclosure Affidavit or Agreement for SUNSI must for the receipt of the written access request. staff determinations (because they must be served be filed with the presiding officer or the Chief 3 Requesters should note that the filing on a presiding officer or the Commission, as Administrative Judge if the presiding officer has not requirements of the NRC’s E-Filing Rule (72 FR applicable), but not to the initial SUNSI request 49139; August 28, 2007, as amended at 77 FR submitted to the NRC staff under these procedures.

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ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING—Continued

Day Event/activity

A ...... If access granted: issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. A + 3 ...... Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order. A + 28 ...... Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of opportunity to request a hearing and petition for leave to intervene), the petitioner may file its SUNSI contentions by that later deadline. A + 53 ...... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI. A + 60 ...... (Answer receipt +7) Petitioner/Intervenor reply to answers. >A + 60 ...... Decision on contention admission.

[FR Doc. 2018–22576 Filed 11–5–18; 8:45 am] • Federal Rulemaking Website: Go to adams.html. To begin the search, select BILLING CODE 7590–01–P http://www.regulations.gov and search ‘‘Begin Web-based ADAMS Search.’’ For for Docket ID NRC–2018–0246. Address problems with ADAMS, please contact questions about Docket IDs in the NRC’s Public Document Room (PDR) NUCLEAR REGULATORY Regulations.gov to Jennifer Borges; reference staff at 1–800–397–4209, 301– COMMISSION telephone: 301–287–9127; email: 415–4737, or by email to pdr.resource@ [email protected]. For technical nrc.gov. The ADAMS accession number [NRC–2018–0246] questions, contact the individual listed for each document referenced (if it is in the FOR FURTHER INFORMATION available in ADAMS) is provided the Biweekly Notice; Applications and CONTACT section of this document. first time that it is mentioned in this • Amendments to Facility Operating Mail comments to: May Ma, Office document. of Administration, Mail Stop: TWFN–7– Licenses and Combined Licenses • Involving No Significant Hazards A60M, U.S. Nuclear Regulatory NRC’s PDR: You may examine and Considerations Commission, Washington, DC 20555– purchase copies of public documents at 0001. the NRC’s PDR, Room O1–F21, One AGENCY: Nuclear Regulatory For additional direction on obtaining White Flint North, 11555 Rockville Commission. information and submitting comments, Pike, Rockville, Maryland 20852. ACTION: Biweekly notice. see ‘‘Obtaining Information and B. Submitting Comments Submitting Comments’’ in the SUMMARY: Pursuant to Section 189a.(2) SUPPLEMENTARY INFORMATION section of Please include Docket ID NRC–2018– of the Atomic Energy Act of 1954, as this document. 0246 facility name, unit number(s), amended (the Act), the U.S. Nuclear FOR FURTHER INFORMATION CONTACT: plant docket number, application date, Regulatory Commission (NRC) is Paula Blechman, Office of Nuclear and subject in your comment publishing this regular biweekly notice. Reactor Regulation, U.S. Nuclear submission. The Act requires the Commission to Regulatory Commission, Washington, The NRC cautions you not to include publish notice of any amendments DC 20555–0001; telephone: 301–415– identifying or contact information that issued, or proposed to be issued, and 2242, email: [email protected]. grants the Commission the authority to you do not want to be publicly SUPPLEMENTARY INFORMATION: issue and make immediately effective disclosed in your comment submission. any amendment to an operating license I. Obtaining Information and The NRC will post all comment or combined license, as applicable, Submitting Comments submissions at http:// upon a determination by the www.regulations.gov as well as enter the A. Obtaining Information Commission that such amendment comment submissions into ADAMS. involves no significant hazards Please refer to Docket ID NRC–2018– The NRC does not routinely edit consideration, notwithstanding the 0246 facility name, unit number(s), comment submissions to remove pendency before the Commission of a plant docket number, application date, identifying or contact information. request for a hearing from any person. and subject when contacting the NRC If you are requesting or aggregating This biweekly notice includes all about the availability of information for comments from other persons for notices of amendments issued, or this action. You may obtain publicly- submission to the NRC, then you should proposed to be issued, from October 6, available information related to this inform those persons not to include 2018, to October 22, 2018. The last action by any of the following methods: • identifying or contact information that biweekly notice was published on Federal Rulemaking Website: Go to October 23, 2018. http://www.regulations.gov and search they do not want to be publicly for Docket ID NRC–2018–0246. disclosed in their comment submission. DATES: Comments must be filed by • NRC’s Agencywide Documents Your request should state that the NRC December 6, 2018. A request for a Access and Management System does not routinely edit comment hearing must be filed by January 7, (ADAMS): You may obtain publicly- submissions to remove such information 2019. available documents online in the before making the comment ADDRESSES: You may submit comments ADAMS Public Documents collection at submissions available to the public or by any of the following methods: http://www.nrc.gov/reading-rm/ entering the comment into ADAMS.

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II. Notice of Consideration of Issuance action. Petitions shall be filed in to participate fully in the conduct of the of Amendments to Facility Operating accordance with the Commission’s hearing with respect to resolution of Licenses and Combined Licenses and ‘‘Agency Rules of Practice and that party’s admitted contentions, Proposed No Significant Hazards Procedure’’ in 10 CFR part 2. Interested including the opportunity to present Consideration Determination persons should consult a current copy evidence, consistent with the NRC’s The Commission has made a of 10 CFR 2.309. The NRC’s regulations regulations, policies, and procedures. Petitions must be filed no later than proposed determination that the are accessible electronically from the 60 days from the date of publication of following amendment requests involve NRC Library on the NRC’s website at http://www.nrc.gov/reading-rm/doc- this notice. Petitions and motions for no significant hazards consideration. collections/cfr/. Alternatively, a copy of leave to file new or amended Under the Commission’s regulations in the regulations is available at the NRC’s contentions that are filed after the section 50.92 of title 10 of the Code of Public Document Room, located at One deadline will not be entertained absent Federal Regulations (10 CFR), this White Flint North, Room O1–F21, 11555 a determination by the presiding officer means that operation of the facility in Rockville Pike (First Floor), Rockville, that the filing demonstrates good cause accordance with the proposed Maryland 20852. If a petition is filed, by satisfying the three factors in 10 CFR amendment would not (1) involve a the Commission or a presiding officer 2.309(c)(1)(i) through (iii). The petition significant increase in the probability or will rule on the petition and, if must be filed in accordance with the consequences of an accident previously appropriate, a notice of a hearing will be filing instructions in the ‘‘Electronic evaluated; or (2) create the possibility of issued. Submissions (E-Filing)’’ section of this a new or different kind of accident from As required by 10 CFR 2.309(d) the document. any accident previously evaluated; or petition should specifically explain the If a hearing is requested, and the (3) involve a significant reduction in a reasons why intervention should be Commission has not made a final margin of safety. The basis for this permitted with particular reference to determination on the issue of no proposed determination for each the following general requirements for significant hazards consideration, the amendment request is shown below. standing: (1) The name, address, and Commission will make a final The Commission is seeking public telephone number of the petitioner; (2) determination on the issue of no comments on this proposed the nature of the petitioner’s right under significant hazards consideration. The determination. Any comments received the Act to be made a party to the final determination will serve to within 30 days after the date of proceeding; (3) the nature and extent of establish when the hearing is held. If the publication of this notice will be the petitioner’s property, financial, or final determination is that the considered in making any final other interest in the proceeding; and (4) amendment request involves no determination. the possible effect of any decision or significant hazards consideration, the Normally, the Commission will not order which may be entered in the Commission may issue the amendment issue the amendment until the proceeding on the petitioner’s interest. and make it immediately effective, expiration of 60 days after the date of In accordance with 10 CFR 2.309(f), notwithstanding the request for a publication of this notice. The the petition must also set forth the hearing. Any hearing would take place Commission may issue the license specific contentions which the after issuance of the amendment. If the amendment before expiration of the 60- petitioner seeks to have litigated in the final determination is that the day period provided that its final proceeding. Each contention must amendment request involves a determination is that the amendment consist of a specific statement of the significant hazards consideration, then involves no significant hazards issue of law or fact to be raised or any hearing held would take place consideration. In addition, the controverted. In addition, the petitioner before the issuance of the amendment Commission may issue the amendment must provide a brief explanation of the unless the Commission finds an prior to the expiration of the 30-day bases for the contention and a concise imminent danger to the health or safety comment period if circumstances statement of the alleged facts or expert of the public, in which case it will issue change during the 30-day comment opinion which support the contention an appropriate order or rule under 10 period such that failure to act in a and on which the petitioner intends to CFR part 2. timely way would result, for example in rely in proving the contention at the A State, local governmental body, derating or shutdown of the facility. If hearing. The petitioner must also Federally-recognized Indian Tribe, or the Commission takes action prior to the provide references to the specific agency thereof, may submit a petition to expiration of either the comment period sources and documents on which the the Commission to participate as a party or the notice period, it will publish in petitioner intends to rely to support its under 10 CFR 2.309(h)(1). The petition the Federal Register a notice of position on the issue. The petition must should state the nature and extent of the issuance. If the Commission makes a include sufficient information to show petitioner’s interest in the proceeding. final no significant hazards that a genuine dispute exists with the The petition should be submitted to the consideration determination, any applicant or licensee on a material issue Commission no later than 60 days from hearing will take place after issuance. of law or fact. Contentions must be the date of publication of this notice. The Commission expects that the need limited to matters within the scope of The petition must be filed in accordance to take this action will occur very the proceeding. The contention must be with the filing instructions in the infrequently. one which, if proven, would entitle the ‘‘Electronic Submissions (E-Filing)’’ petitioner to relief. A petitioner who section of this document, and should A. Opportunity To Request a Hearing fails to satisfy the requirements at 10 meet the requirements for petitions set and Petition for Leave To Intervene CFR 2.309(f) with respect to at least one forth in this section, except that under Within 60 days after the date of contention will not be permitted to 10 CFR 2.309(h)(2) a State, local publication of this notice, any persons participate as a party. governmental body, or Federally- (petitioner) whose interest may be Those permitted to intervene become recognized Indian Tribe, or agency affected by this action may file a request parties to the proceeding, subject to any thereof does not need to address the for a hearing and petition for leave to limitations in the order granting leave to standing requirements in 10 CFR intervene (petition) with respect to the intervene. Parties have the opportunity 2.309(d) if the facility is located within

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its boundaries. Alternatively, a State, submitting a petition or other filing stating why there is good cause for local governmental body, Federally- adjudicatory document (even in not filing electronically and requesting recognized Indian Tribe, or agency instances in which the participant, or its authorization to continue to submit thereof may participate as a non-party counsel or representative, already holds documents in paper format. Such filings under 10 CFR 2.315(c). an NRC-issued digital ID certificate). must be submitted by: (1) First class If a hearing is granted, any person Based upon this information, the mail addressed to the Office of the who is not a party to the proceeding and Secretary will establish an electronic Secretary of the Commission, U.S. is not affiliated with or represented by docket for the hearing in this proceeding Nuclear Regulatory Commission, a party may, at the discretion of the if the Secretary has not already Washington, DC 20555–0001, Attention: presiding officer, be permitted to make established an electronic docket. Rulemaking and Adjudications Staff; or a limited appearance pursuant to the Information about applying for a (2) courier, express mail, or expedited provisions of 10 CFR 2.315(a). A person digital ID certificate is available on the delivery service to the Office of the making a limited appearance may make NRC’s public website at http:// Secretary, 11555 Rockville Pike, an oral or written statement of his or her www.nrc.gov/site-help/e-submittals/ Rockville, Maryland 20852, Attention: position on the issues but may not getting-started.html. Once a participant Rulemaking and Adjudications Staff. otherwise participate in the proceeding. has obtained a digital ID certificate and Participants filing adjudicatory A limited appearance may be made at a docket has been created, the documents in this manner are any session of the hearing or at any participant can then submit responsible for serving the document on prehearing conference, subject to the adjudicatory documents. Submissions all other participants. Filing is limits and conditions as may be must be in Portable Document Format considered complete by first-class mail imposed by the presiding officer. Details (PDF). Additional guidance on PDF as of the time of deposit in the mail, or regarding the opportunity to make a submissions is available on the NRC’s by courier, express mail, or expedited limited appearance will be provided by public website at http://www.nrc.gov/ delivery service upon depositing the the presiding officer if such sessions are site-help/electronic-sub-ref-mat.html. A document with the provider of the scheduled. filing is considered complete at the time service. A presiding officer, having the document is submitted through the B. Electronic Submissions (E-Filing) granted an exemption request from NRC’s E-Filing system. To be timely, an using E-Filing, may require a participant All documents filed in NRC electronic filing must be submitted to or party to use E-Filing if the presiding adjudicatory proceedings, including a the E-Filing system no later than 11:59 officer subsequently determines that the request for hearing and petition for p.m. Eastern Time on the due date. reason for granting the exemption from leave to intervene (petition), any motion Upon receipt of a transmission, the E- use of E-Filing no longer exists. or other document filed in the Filing system time-stamps the document Documents submitted in adjudicatory proceeding prior to the submission of a and sends the submitter an email notice proceedings will appear in the NRC’s request for hearing or petition to confirming receipt of the document. The electronic hearing docket which is intervene, and documents filed by E-Filing system also distributes an email available to the public at https:// interested governmental entities that notice that provides access to the adams.nrc.gov/ehd, unless excluded request to participate under 10 CFR document to the NRC’s Office of the pursuant to an order of the Commission 2.315(c), must be filed in accordance General Counsel and any others who or the presiding officer. If you do not with the NRC’s E-Filing rule (72 FR have advised the Office of the Secretary have an NRC-issued digital ID certificate 49139; August 28, 2007, as amended at that they wish to participate in the as described above, click cancel when 77 FR 46562; August 3, 2012). The E- proceeding, so that the filer need not the link requests certificates and you Filing process requires participants to serve the document on those will be automatically directed to the submit and serve all adjudicatory participants separately. Therefore, NRC’s electronic hearing dockets where documents over the internet, or in some applicants and other participants (or you will be able to access any publicly cases to mail copies on electronic their counsel or representative) must available documents in a particular storage media. Detailed guidance on apply for and receive a digital ID hearing docket. Participants are making electronic submissions may be certificate before adjudicatory requested not to include personal found in the Guidance for Electronic documents are filed so that they can privacy information, such as social Submissions to the NRC and on the NRC obtain access to the documents via the security numbers, home addresses, or website at http://www.nrc.gov/site-help/ E-Filing system. personal phone numbers in their filings, e-submittals.html. Participants may not A person filing electronically using unless an NRC regulation or other law submit paper copies of their filings the NRC’s adjudicatory E-Filing system requires submission of such unless they seek an exemption in may seek assistance by contacting the information. For example, in some accordance with the procedures NRC’s Electronic Filing Help Desk instances, individuals provide home described below. through the ‘‘Contact Us’’ link located addresses in order to demonstrate To comply with the procedural on the NRC’s public website at http:// proximity to a facility or site. With requirements of E-Filing, at least 10 www.nrc.gov/site-help/e- respect to copyrighted works, except for days prior to the filing deadline, the submittals.html, by email to limited excerpts that serve the purpose participant should contact the Office of [email protected], or by a toll- of the adjudicatory filings and would the Secretary by email at free call at 1–866–672–7640. The NRC constitute a Fair Use application, [email protected], or by telephone Electronic Filing Help Desk is available participants are requested not to include at 301–415–1677, to (1) request a digital between 9 a.m. and 6 p.m., Eastern copyrighted materials in their identification (ID) certificate, which Time, Monday through Friday, submission. allows the participant (or its counsel or excluding government holidays. For further details with respect to representative) to digitally sign Participants who believe that they these license amendment applications, submissions and access the E-Filing have a good cause for not submitting see the application for amendment system for any proceeding in which it documents electronically must file an which is available for public inspection is participating; and (2) advise the exemption request, in accordance with in ADAMS and at the NRC’s PDR. For Secretary that the participant will be 10 CFR 2.302(g), with their initial paper additional direction on accessing

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information related to this document, accident from any accident previously consequences of an accident previously see the ‘‘Obtaining Information and evaluated? evaluated? Submitting Comments’’ section of this Response: No. Response: No. document. The proposed change adds new RAs and The proposed changes affect the HNP CTs for three inoperable Control Room AC Emergency Plan EAL scheme and do not alter Duke Energy Progress, LLC, Docket Nos. subsystems. The change does not involve a any of the requirements of the Operating 50–325 and 50–324, Brunswick Steam physical altering of the plant (i.e., no new or License or the Technical Specifications. The Electric Plant, Units 1 and 2, Brunswick different type of equipment will be installed) proposed changes do not reduce the County, North Carolina or a change in methods governing normal effectiveness of the HNP Emergency Plan or Date of amendment request: August plant operation. The proposed TSs continue the HNP Emergency Response Organization. 30, 2018. A publicly-available version is to require maintaining the control room The proposed changes do not modify any in ADAMS under Accession No. temperature within the design limits. plant equipment and do not impact any Therefore, the proposed amendments do failure modes that could lead to an accident. ML18242A395. not create the possibility of a new or different Additionally, the proposed changes do not Description of amendment request: kind of accident from any accident impact the consequence of any analyzed The proposed amendments would add previously evaluated. accident since the changes do not affect any new Required Actions (RAs) and 3. Does the proposed change involve a equipment related to accident mitigation. Completion Times (CTs) for three significant reduction in a margin of safety? Based on this discussion, the proposed inoperable Control Room air Response: No. amendment does not increase the probability conditioning (AC) subsystems to The proposed change adds new RAs and or consequences of an accident previously Technical Specification (TS) 3.7.4, CTs for three inoperable Control Room AC evaluated. ‘‘Control Room Air Conditioning (AC) subsystems. Instituting the proposed change 2. Does the proposed amendment create System.’’ will continue to maintain the control room the possibility of a new or different kind of temperature within design limits. Changes to accident from any accident previously Basis for proposed no significant the Bases or licensee-controlled document evaluated? hazards consideration determination: are performed in accordance with 10 CFR Response: No. As required by 10 CFR 50.91(a), the 50.59. This approach provides an effective The proposed changes affect the HNP licensee has provided its analysis of the level of regulatory control and ensures that Emergency Plan EAL scheme and do not alter issue of no significant hazards the control room temperature will be any of the requirements of the Operating consideration, which is presented maintained within design limits. License or the Technical Specifications. below: Therefore, the proposed amendments do These changes do not modify any plant not result in a significant reduction in the equipment and there is no impact on the 1. Does the proposed change involve a margin of safety. capability of the existing equipment to significant increase in the probability or The NRC staff has reviewed the perform their intended functions. No new consequences of an accident previously failure modes are introduced by the proposed evaluated? licensee’s analysis and, based on this changes. The proposed amendment does not Response: No. review, it appears that the three introduce any accident initiator or The proposed change does not involve a standards of 10 CFR 50.92(c) are malfunctions that would cause a new or physical alteration of the plant (i.e., no new satisfied. Therefore, the NRC staff different kind of accident. Therefore, the or different type of equipment will be installed). The proposed change adds new proposes to determine that the proposed amendment does not create the RAs and CTs for three inoperable Control amendment request involves no possibility of a new or different kind of Room AC subsystems. The equipment significant hazards consideration. accident from any accident previously qualification temperature of the control room Attorney for licensee: Kathryn B. evaluated. equipment is not affected. Future changes to Nolan, Deputy General Counsel, 550 3. Does the proposed amendment involve the Bases or licensee-controlled document South Tryon Street, M/C DEC45A, a significant reduction in a margin of safety? will be evaluated pursuant to the Response: No. Charlotte, NC 28202. These changes affect the HNP Emergency requirements of 10 CFR 50.59, Changes, tests NRC Branch Chief: Undine Shoop. and experiments, to ensure that such changes Plan EAL scheme and do not alter any of the do not result in more than a minimal increase Duke Energy Progress, LLC, Docket No. requirements of the Operating License or the in the probability or consequences of an 50–400, Shearon Harris Nuclear Power Technical Specifications. The proposed accident previously evaluated. Plant, Unit 1 (HNP), Wake and Chatham changes do not affect any of the assumptions The proposed change does not adversely Counties, North Carolina used in the accident analysis, nor do they affect accident initiators or precursors nor Date of amendment request: August affect any operability requirements for equipment important to plant safety. alter the design assumptions, conditions, and 13, 2018. A publicly-available version is configuration of the facility or the way the Therefore, the proposed changes will not plant is operated and maintained. The in ADAMS under Accession No. result in a significant reduction in the margin proposed change does not adversely affect ML18226A022. of safety. the ability of structures, systems and Description of amendment request: components (SSCs) to perform their intended The amendment would revise the The NRC staff has reviewed the safety function to mitigate the consequences Emergency Plan Emergency Action licensee’s analysis and, based on this of an initiating event within the assumed Level (EAL) scheme for HNP associated review, it appears that the three acceptance limits. The proposed change does with the fission product barrier standards of 10 CFR 50.92(c) are not affect the source term, containment degradation EAL thresholds, and the satisfied. Therefore, the NRC staff isolation, or radiological consequences of any cold shutdown/refueling system proposes to determine that the accident previously evaluated. Further, the amendment request involves no proposed change does not increase the types malfunction EAL thresholds. and the amounts of radioactive effluent that Basis for proposed no significant significant hazards consideration. may be released, nor significantly increase hazards consideration determination: Attorney for licensee: David individual or cumulative occupation/public As required by 10 CFR 50.91(a), the Cummings, Associate General Counsel, radiation exposures. licensee has provided its analysis of the Duke Energy Corporation, 550 South Therefore, the proposed amendments do issue of no significant hazards Tryon St., M/C DEC45A, Charlotte, NC not involve a significant increase in the consideration, which is presented 28202. probability or consequences of an accident NRC Branch Chief: Undine Shoop. previously evaluated. below: 2. Does the proposed change create the 1. Does the proposed amendment involve Entergy Nuclear Operations, Inc., possibility of a new or different kind of a significant increase in the probability or Docket No. 50–293, Pilgrim Nuclear

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Power Station (PNPS), Plymouth Response: No. Basis for proposed no significant County, Massachusetts Margin of safety is associated with hazards consideration determination: confidence in the ability of the fission Date of amendment request: August 1, As required by 10 CFR 50.91(a), the product barriers (i.e., fuel cladding, reactor licensee has provided its analysis of the 2018. A publicly-available version is in coolant system pressure boundary, and ADAMS under Accession No. containment structure) to limit the level of issue of no significant hazards ML18218A184. radiation dose to the public. The proposed consideration, which is presented Description of amendment request: changes are associated with the PNPS below: The amendment would revise the PNPS Emergency Plan and EAL scheme and do not 1. Does the proposed amendment involve Emergency Plan and Emergency Action impact operation of the facility or its a significant increase in the probability or Level (EAL) scheme to support a response to transients or accidents. The consequences of an accident previously permanently shutdown and defueled change does not affect the Technical evaluated? Specifications. The proposed changes do not Response: No. condition at PNPS. involve a change in the method of facility Basis for proposed no significant The proposed amendment would not take operation, and no accident analyses will be effect until PNPS has permanently ceased hazards consideration determination: affected by the proposed changes. Safety operation, entered a permanently defueled As required by 10 CFR 50.91(a), the analysis acceptance criteria are not affected condition, and met the decay requirements licensee has provided its analysis of the by the proposed changes. The revised established in the analysis of the Fuel issue of no significant hazards Emergency Plan will continue to provide the Handling Accident (FHA). The proposed consideration, which is presented necessary response staff commensurate with amendment would modify the PNPS [RF]OL below: the reduction in consequences of radiological and TS by deleting the portions of the OL events that will be possible at PNPS when and TS that are no longer applicable to a 1. Does the proposed amendment involve the facility is in the permanently defueled permanently defueled facility, while a significant increase in the probability or condition and therefore, there is no reduction modifying the other sections to correspond to consequences of an accident previously in the margin of safety. the permanently defueled condition. This evaluated? Therefore, the proposed change does not change is consistent with the criteria set forth Response: No. involve a significant reduction in a margin of in 10 CFR 50.36 for the contents of TS. The proposed changes to the PNPS safety. Section 14 of the PNPS Updated Final Emergency Plan and EAL scheme do not Safety Analysis Report (UFSAR) describes impact the function of facility structures, The NRC staff has reviewed the the design basis accident (DBA) and transient systems, or components. The proposed licensee’s analysis and, based on this scenarios applicable to PNPS during power changes do not affect accident initiators or review, it appears that the three operations. After the reactor is in a precursors, nor do they alter design standards of 10 CFR 50.92(c) are permanently defueled condition, the spent assumptions that could increase the satisfied. Therefore, the NRC staff fuel pool (SFP) and its cooling systems will probability or consequences of previously proposes to determine that the be dedicated only to spent fuel storage. In evaluated accidents. The proposed changes amendment request involves no this condition, the spectrum of credible do not prevent the ability of the on-shift staff accidents will be much smaller than for an and emergency response organization to significant hazards consideration. operational plant. After the certifications are perform their intended functions to mitigate Attorney for licensee: Susan H. Raimo, docketed for PNPS in accordance with 10 the consequences of any accident or event Senior Counsel, Entergy Services, Inc., CFR 50.82(a)(1), and the consequent removal that will be credible in the permanently 101 Constitution Avenue NW, Suite 200 of authorization to operate the reactor or to defueled condition. East, Washington, DC 20001. [em]place or retain fuel in the reactor vessel The probability of occurrence of previously NRC Branch Chief: Douglas A. in accordance with 10 CFR 50.82(a)(2), the evaluated accidents is not increased because Broaddus. majority of the accident scenarios previously most previously analyzed accidents can no postulated in the UFSAR will no longer be longer occur and the probability of the few Entergy Nuclear Operations, Inc., possible and will be removed from the remaining credible accidents are unaffected Docket No. 50–293, Pilgrim Nuclear UFSAR under the provisions of 10 CFR by the proposed amendment. Power Station (PNPS), Plymouth 50.59. Therefore, the proposed amendment does County, Massachusetts The deletion of TS definitions and rules of not involve a significant increase in the Date of amendment request: usage and application requirements that will probability or consequences of an accident September 13, 2018. A publicly- not be applicable in a defueled condition has previously evaluated. no impact on facility structures, systems, and 2. Does the proposed amendment create available version is in ADAMS under components (SSCs) or the methods of the possibility of a new or different kind of Accession No. ML18260A085. operation of such SSCs. The deletion of accident from any accident previously Description of amendment request: design features and safety limits not evaluated? The amendment would revise the applicable to the permanently shut down and Response: No. Renewed Facility Operating License defueled status of PNPS has no impact on the The proposed changes reduce the scope of (RFOL) and the associated Technical remaining applicable DBAs, i.e., the FHA and the PNPS Emergency Plan and EAL scheme Specifications (TSs) to Permanently the radioactive waste handling accident commensurate with the hazards associated Defueled Technical Specifications (High Integrity Container (HIC) Drop Event). with a permanently shut down and defueled The removal of LCOs [limiting conditions facility. The proposed changes do not involve consistent for a facility in a permanently of operations] or SRs [surveillance installation of new equipment or shutdown and defueled condition. The requirements] that are related only to the modification of existing equipment that amendment would revise certain operation of the nuclear reactor or only to the could create the possibility of a new or requirements contained within the prevention, diagnosis, or mitigation of different kind of accident. Also, the proposed RFOL and TS and remove the reactor-related transients or accidents do not changes do not result in a change to the way requirements that would no longer be affect the applicable DBAs previously that the equipment or facility is operated so applicable upon docketing the evaluated since these DBAs are no longer that no new or different kinds of accident certification of permanent fuel removal applicable in the permanently defueled initiators are created. from the reactor vessel at PNPS. The condition. The safety functions involving Therefore, the proposed change does not core reactivity control, reactor heat removal, create the possibility of a new or different amendment would also make reactor coolant system inventory control, and kind of accident from any previously administrative and editorial changes, containment integrity are no longer evaluated. such as renumbering of pages, where applicable at PNPS as a permanently shut 3. Does the proposed amendment involve appropriate, and condense and reduce down and defueled facility. The analyzed a significant reduction in a margin of safety? the number of pages. accidents involving damage to the reactor

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coolant system, main steam lines, reactor irradiated fuel. The restriction on the SFP ADAMS under Accession No. core, and the subsequent release of water level is fulfilled by normal operating ML18067A431. radioactive material will no longer be conditions and preserves initial conditions Description of amendment request: possible at PNPS. assumed in the analyses of the postulated The amendment would add a License After PNPS permanently ceases operation, DBA. Condition to the Byron Station, Unit No. the future generation of fission products will The proposed amendment does not result cease and the remaining source term will in any new mechanisms that could initiate 2, Renewed Facility Operating License, decay. The radioactive decay of the irradiated damage to the remaining relevant safety Appendix C, ‘‘Additional Conditions,’’ fuel following shut down of the reactor will barriers for defueled plants (fuel cladding that authorizes use of two lead test have reduced the consequences of the FHA and spent fuel cooling). Since extended assemblies (LTAs) containing a limited below those previously analyzed. operation in a defueled condition will be the number of accident tolerant fuel (ATF) The SFP water level and fuel storage TSs only operation allowed, and therefore lead test rods (LTRs) during Byron, Unit are retained to preserve the current bounded by the existing analyses, such a No. 2, Refueling Cycles 22, 23, and 24. requirements for safe storage of irradiated condition does not create the possibility of a Basis for proposed no significant fuel. SFP cooling and makeup related new or different kind of accident. equipment and support equipment (e.g., hazards consideration determination: Therefore, the proposed change does not As required by 10 CFR 50.91(a), the electrical power systems) are not required to create the possibility of a new or different be continuously available since there will be kind of accident from any previously licensee has provided its analysis of the sufficient time to effect repairs, establish evaluated. issue of no significant hazards alternate sources of makeup flow, or establish 3. Does the proposed amendment involve consideration, which is presented alternate sources of cooling in the event of a a significant reduction in a margin of safety? below: loss of cooling and makeup flow to the SFP. Response: No. 1. Does the proposed change involve a The deletion and modification of Because the 10 CFR part 50 license for provisions of the administrative controls do significant increase in the probability or PNPS will no longer authorize operation of consequences of an accident previously not directly affect the design of SSCs the reactor or emplacement or retention of necessary for safe storage of irradiated fuel or evaluated? fuel into the reactor vessel after the Response: No. the methods used for handling and storage of certifications required by 10 CFR 50.82(a)(1) The proposed change involves only a very such fuel in the fuel pool. The changes to the are docketed for PNPS as specified in 10 CFR small number of LTRs, which will be administrative controls do not affect any 50.82(a)(2), the occurrence of postulated conservatively designed from a neutronic accidents applicable to the safe management accidents associated with reactor operation standpoint, and are thermal-hydraulically of irradiated fuel or the permanently shut are no longer credible. The only remaining and mechanically compatible with all plant down and defueled condition of the reactor. credible accidents are the FHA and a Systems, Structures and Components (SSCs). The probability of occurrence of previously radioactive waste handling accident (HIC The fuel pellets and fuel rods themselves will evaluated accidents is not increased, since Drop Event). The proposed amendment does have no impact on accident initiators or extended operation in a defueled condition not adversely affect the inputs or precursors. There will not be a significant will be the only operation allowed, and assumptions of any of the design basis impact on the operation of any plant SSC or therefore bounded by the existing analyses. analyses that impact the remaining DBAs. on the progression of any operational Additionally, the occurrence of postulated The proposed changes are limited to those transient or design basis accident. There will accidents associated with reactor operation portions of the OL and TS that are not related be no impact on any procedure or will no longer be credible in a permanently to the safe storage of irradiated fuel. The administrative control designed to prevent or defueled reactor. This significantly reduces requirements that are proposed to be revised mitigate any accident. the scope of applicable accidents. or deleted from the PNPS OL and TS are not The Westinghouse Encore® and ADOPTTM Therefore, the proposed amendment does credited in the existing accident analyses for (with and without chromium-coated not involve a significant increase in the the remaining DBAs; and as such, do not cladding) LTAs are of the same design as the probability or consequences of an accident contribute to the margin of safety associated co-resident fuel in the core, with the previously evaluated. with the accident analyses. Postulated design exception of containing a limited number of 2. Does the proposed amendment create basis accidents involving the reactor will no LTRs in place of the standard fuel rods. The the possibility of a new or different kind of longer be possible because the reactor will be LTAs will be placed in nonlimiting core accident from any accident previously permanently shut down and defueled and locations. The Byron Station, Unit 2, evaluated? PNPS will no longer be authorized to operate [Refueling] Cycle, 22, 23 and 24 reload Response: No. the reactor. designs will meet all applicable design The proposed changes to the PNPS OL and Therefore, the proposed change does not criteria. Evaluations of the LTAs will be TSs have no impact on facility SSCs affecting involve a significant reduction in the margin performed as part of the [refueling] cycle the safe storage of irradiated fuel, or on the of safety. specific reload safety analysis to confirm that methods of operation of such SSCs, or on the the acceptance criteria of the existing safety handling and storage of irradiated fuel itself. The NRC staff has reviewed the analyses will continue to be met. Operation The removal of TS that are related only to the licensee’s analysis and, based on this of the Westinghouse Encore® and ADOPTTM operation of the nuclear reactor or only to the review, it appears that the three fuel will not significantly increase the prevention, diagnosis, or mitigation of standards of 10 CFR 50.92(c) are predicted radiological consequences of reactor-related transients or accidents, cannot satisfied. Therefore, the NRC staff accidents currently postulated in the result in different or more adverse failure proposes to determine that the Updated Final Safety Analysis Report. modes or accidents than previously amendment request involves no Based on the above discussion, the evaluated because the reactor will be significant hazards consideration. proposed changes do not involve a permanently shut down and defueled and Attorney for licensee: Susan H. Raimo, significant increase in the probability or PNPS will no longer be authorized to operate consequences of an accident previously the reactor. Senior Counsel, Entergy Services, Inc., evaluated. The proposed deletion of requirements of 101 Constitution Avenue NW, Suite 200 2. Does the proposed change create the the PNPS OL and TS do not affect systems East, Washington, DC 20001. possibility of a new or different kind of credited in the accident analyses for the FHA NRC Branch Chief: Douglas A. accident from any previously evaluated? or the HIC Drop Event at PNPS. The Broaddus. Response: No. proposed OL and TS will continue to require Exelon Generation Company, LLC, The proposed change involves the use of proper control and monitoring of safety Docket No. STN 50–455, Byron Station, a very small number of LTRs in two LTAs significant parameters and activities. which are very similar in all aspects to the The TS regarding SFP water level and fuel Unit No. 2, Ogle County, Illinois co-resident fuel, as noted in Question 1. The storage required is retained to preserve the Date of amendment request: March 8, proposed change does not change the design current requirements for safe storage of 2018. A publicly-available version is in function or operation of any SSC, and does

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not introduce any new failure mechanism, Generation Company, LLC, 4300 Therefore, the proposed changes do not malfunction, or accident initiator not Winfield Road, Warrenville, IL 60555. involve a significant increase in the considered in the current design and NRC Branch Chief: David J. Wrona. probability or consequences of an accident licensing bases. previously evaluated. The Byron Station Unit 2 reactor cores will Exelon Generation Company, LLC and 2. Does the proposed change create the be designed to meet all applicable design and PSEG Nuclear LLC, Docket Nos. 50–277 possibility of a new or different kind of licensing basis criteria. Demonstrated and 50–278, Peach Bottom Atomic accident from any accident previously adherence to these standards and criteria Power Station (PBAPS), Units 2 and 3, evaluated? precludes new challenges to components and Response: No. systems that could introduce a new type of York and Lancaster Counties, The proposed changes will reduce the accident. The reload core designs for the Pennsylvania design and operating pressure in a portion of [refueling] cycles in which the Westinghouse Date of amendment request: the HPSW system. This change will not introduce a new mode of plant operation. LTAs will operate (i.e., [Refueling] Cycles 22, September 28, 2018. A publicly- 23 and 24) will demonstrate that the use of The system flowrate and heat removal rate the LTAs in nonlimiting core locations is available version is in ADAMS under for design basis events are not changed. No acceptable. The relevant design and Accession No. ML18275A023. new accident scenarios, failure mechanisms, performance criteria will continue to be met Description of amendment request: or limiting single failures are introduced as and no new single failure mechanisms will The amendment would revise the a result of the proposed changes. All accident be created. The use of Westinghouse LTAs PBAPS, Units 2 and 3, design and analysis criteria continue to be met and there does not involve any alteration to plant licensing basis described in the Updated are no adverse effects on any safety-related equipment or procedures that would Final Safety Analysis Report (UFSAR) to system. Therefore, the proposed changes do not introduce any new or unique operational reduce the design pressure rating of the modes or accident precursors. create the possibility of a new or different Therefore, the proposed change will not High Pressure Service Water (HPSW) kind of accident from any accident create the possibility of a new or different system. This change will provide previously evaluated. kind of accident than those previously additional corrosion margin in the 3. Does the proposed change involve a evaluated. HPSW system pipe wall thickness, significant reduction in a margin of safety? 3. Does the proposed change involve a increasing the margin of safety for the Response: No. significant reduction in a margin of safety? existing piping. This one-time change The margin of safety is established through Response: No. would be implemented starting in the the design of the plant structures, systems, Operation of Byron Station Unit 2 with two fall of 2019 and would expire for both and components, the parameters within which the plant is operated and the setpoints Westinghouse LTAs containing a limited units on December 31, 2020. number of LTRs, placed in nonlimiting core for the actuation of equipment relied upon to locations, does not change the performance Basis for proposed no significant respond to an event. The reduction in HPSW requirements on any system or component hazards consideration determination: system design pressure permits continued such that any design criteria will be As required by 10 CFR 50.91(a), the operation of the HPSW and RHR systems in exceeded. The current limits on core licensee has provided its analysis of the accordance with the plant safety analysis. operation defined in the Byron Station issue of no significant hazards The core and containment heat removal Technical Specifications will remain consideration, which is presented functions of the HPSW and RHR systems are applicable to the subject LTAs during below: not affected. The proposed change does not [Refueling] Cycles 22, 23 and 24. alter the safety limits or safety analysis Westinghouse analytical codes and methods 1. Does the proposed change involve a assumptions associated with the operation of will be used, and supplemented as necessary significant increase in the probability or the plant. using conservative assumptions, to confirm consequences of an accident previously Therefore, the proposed changes do not that all applicable limits associated with the evaluated? involve a significant reduction in a margin of LTAs (e.g., fuel thermal mechanical limits, Response: No. safety. core thermal hydraulic limits, Emergency The HPSW system does not initiate any accidents discussed in Chapter 14 of the The NRC staff has reviewed the Core Cooling Systems limits, nuclear limits licensee’s analysis and, based on this such as Shutdown Margin, transient analysis PBAPS, Units 2 and 3 UFSAR. A shutdown limits and accident analysis limits) remain cooling (RHR [residual heat removal] system) review, it appears that the three bounded by the current analysis of record. malfunction leading to a moderator standards of 10 CFR 50.92(c) are To further assure no reduction in the temperature decrease could result from mis- satisfied. Therefore, the NRC staff margin of safety, the LTRs will be designed operation of the cooling water controls for proposes to determine that the with reduced uranium enrichment and will the RHR heat exchangers, as described in amendment request involves no be placed in non-limiting core locations as UFSAR Section 14.5.2.4. The resulting significant hazards consideration. noted above. With respect to non-fuel SSCs, temperature decrease causes a slow insertion Attorney for licensee: Tamra Domeyer, there is no reduction in the margin of safety of positive reactivity into the core. However, Associate General Counsel, Exelon the proposed change to the HPSW system for any safety limit, limiting safety system Generation Company, LLC, 4300 setting, limiting condition of operation, design pressure will not affect the initiator for this accident. The proposed reduction of Winfield Rd., Warrenville, IL 60555. instrument setpoint, or any other design NRC Branch Chief: James G. Danna. parameter. the HPSW system design pressure has been Based on this evaluation, the proposed evaluated for effects on system piping and Indiana Michigan Power Company, change does not involve a significant components using appropriate codes and Docket Nos. 50–315 and 50–316, Donald reduction in a margin of safety. standards. The proposed changes do not introduce any failure mechanisms that would C. Cook Nuclear Plant (CNP), Unit Nos. The NRC staff has reviewed the initiate a previously analyzed accident. The 1 and 2, Berrien County, Michigan licensee’s analysis and, based on this HPSW and RHR systems remain capable of Date of amendment request: review, it appears that the three performing their UFSAR-described design September 5, 2018. A publicly-available standards of 10 CFR 50.92(c) are functions for accident mitigation. Moreover, version is in ADAMS under Accession the design and operability requirements satisfied. Therefore, the NRC staff No. ML18250A185. proposes to determine that the currently addressed by the PBAPS Technical Specifications (TS) are unaffected and the Description of amendment request: amendment request involves no design basis radiological analysis of analyzed The proposed change would modify significant hazards consideration. accidents is unchanged. Thus, the technical specification (TS) Section Attorney for licensee: Tamra Domeyer, consequences of analyzed accidents are not 5.5.15, ‘‘Battery Monitoring and Associate General Counsel, Exelon increased. Maintenance Program,’’ to align with

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the latest Institute of Electrical and safety-related loads in accordance with Control and shutdown rods are assumed to Electronics Engineers (IEEE) Standard. analysis assumptions. insert into the core to shut down the reactor Basis for proposed no significant The TS changes maintain the same level of in evaluated accidents. Rod insertion limits hazards consideration determination: equipment performance stated in the UFSAR ensure that adequate negative reactivity is As required by 10 CFR 50.91(a), the and the current TSs. Therefore, the proposed available to provide the assumed shutdown changes do not involve a significant margin (SDM). Rod alignment and overlap licensee has provided its analysis of the reduction in the margin of safety. limits maintain an appropriate power issue of no significant hazards The proposed change does not involve a distribution and reactivity insertion profile. consideration, which is presented significant reduction in a margin of safety Control and shutdown rods are initiators to below: because the proposed changes do not reduce several accidents previously evaluated, such as rod ejection. The proposed change does 1. Does the proposed amendment involve the margin of safety that exists in the present not change the limiting conditions for a significant increase in the probability or CNP TS or UFSAR. The operability operation for the rods or make any technical consequences of an accident previously requirements of the TS are consistent with changes to the Surveillance Requirements evaluated? the initial condition assumptions of the (SRs) governing the rods. Therefore, the Response: No. safety analyses. proposed change has no significant effect on The design of the protection systems will Therefore, the proposed changes do not the probability of any accident previously be unaffected. The reactor protection system involve a significant reduction in a margin of evaluated. and engineered safety feature actuation safety. Revising the TS Actions to provide a system will continue to function in a manner The NRC staff has reviewed the limited time to repair rod movement control consistent with the plant design basis. All licensee’s analysis and, based on this has no effect on the SDM assumed in the design, material and construction standards review, it appears that the three accident analysis as the proposed Action that were applicable prior to the request are maintained. The proposed amendment will standards of 10 CFR 50.92(c) are require verification that SDM is maintained. not alter any assumptions or change any satisfied. Therefore, the NRC staff The effects on power distribution will not mitigation actions in the radiological proposes to determine that the cause a significant increase in the consequence evaluations in the Updated amendment request involves no consequences of any accident previously Final Safety Analysis Report (UFSAR). significant hazards consideration. evaluated as all TS requirements on power distribution continue to be applicable. Therefore, the proposed change does not Attorney for licensee: Robert B. involve a significant increase in the Therefore, the assumptions used in any Haemer, Senior Nuclear Counsel, accidents previously evaluated are probability or consequences of an accident Indiana Michigan Power Company, One previously evaluated. unchanged and there is no significant 2. Does the proposed change create the Cook Place, Bridgman, MI 49106. increase in the consequences. possibility of a new or different kind of NRC Branch Chief: David J. Wrona. The consequences of an accident that accident from any previously evaluated? might occur during the one-hour period NextEra Energy, Point Beach, LLC, provided for the analog rod position Response: No. Docket Nos. 50–266 and 50–301, Point No new accident scenarios, failure indication to stabilize after rod movement are mechanisms, or single failures are introduced Beach Nuclear Plant, Units 1 and 2, no different from the consequences of the as a result of the proposed change. All Town of Two Creeks, Manitowoc accident under the existing actions with the systems, structures, and components County, Wisconsin rod declared inoperable. previously required for the mitigation of an The proposed change to resolve the Date of amendment request: July 30, conflicts in the TS ensure that the intended event remain capable of fulfilling their 2018. A publicly-available version is in intended design function. The proposed Actions are followed when equipment is change has no adverse effects on any safety ADAMS under Accession No. inoperable. Actions taken with inoperable related systems or components and does not ML18214A730. equipment are not assumptions in the challenge the performance or integrity of any Description of amendment request: accidents previously evaluated and have no safety related system. Further, there are no The amendments would revise the significant effect on the consequences. changes in the method by which any safety- requirements on control and shutdown The proposed change to increase related plant system performs its safety rods, and rod and bank position consistency within the TS has no effect on function. This amendment will not affect the indication in Technical Specification the consequences of accidents previously evaluated as the proposed change clarifies normal method of power operation or change (TS) 3.1.4, ‘‘Rod Group Alignment any operating parameters. the application of the existing requirements Therefore, the proposed changes do not Limits’’; TS 3.1.5, ‘‘Shutdown Bank and does not change the intent. create the possibility of a new or different Insertion Limits’’; TS 3.1.6, ‘‘Control Therefore, the proposed change does not kind of accident from any accident Bank Insertion Limits’’; and TS 3.1.7, involve a significant increase in the previously evaluated. ‘‘Rod Position Indication.’’ The changes probability or consequences of an accident 3. Does the proposed amendment involve provide time to repair rod movement previously evaluated. a significant reduction in a margin of safety? failures that do not affect rod 2. Does the proposed amendment create Response: No. operability, provide time for analog the possibility of a new or different kind of The margin of safety is established through position indication instruments to read accident from any previously evaluated? equipment design, operating parameters; and Response: No. the setpoints at which automatic actions are accurately after rod movement, correct The proposed change does not involve a initiated. The equipment margins will be conflicts between the TS, and increase physical alteration of the plant (i.e., no new maintained in accordance with the plant- consistency and improve the or different type of equipment will be specific design bases. The proposed changes presentation. installed). The change does not alter will not adversely affect operation of plant Basis for proposed no significant assumptions made in the safety analyses. The equipment. These changes will not result in hazards consideration determination: proposed change does not alter the limiting a change to the setpoints at which protective As required by 10 CFR 50.91(a), the conditions for operation for the rods or make actions are initiated. Sufficient Direct Current licensee has provided its analysis of the any technical changes to the SRs governing (DC) capacity to support operation of issue of no significant hazards the rods. The proposed change to actions mitigation equipment is ensured. The maintains or improves safety when changes associated with the Battery consideration which is presented below: equipment is inoperable and does not Maintenance and Monitoring Program will 1. Does the proposed amendment involve introduce new failure modes. ensure that the station batteries are a significant increase in the probability or Therefore, the proposed change does not maintained in a highly reliable manner. The consequences of an accident previously create the possibility of a new or different equipment fed by the DC electrical sources evaluated? kind of accident from any previously will continue to provide adequate power to Response: No. evaluated.

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3. Does the proposed amendment involve licensee has provided its analysis of the The NRC staff has reviewed the a significant reduction in a margin of safety? issue of no significant hazards licensee’s analysis and, based on this Response: No. consideration, which is presented review, it appears that the three The proposed change to allow time for rod below: standards of 10 CFR 50.92(c) are position indication to stabilize after rod movement and to allow an alternative 1. Does the proposed amendment involve satisfied. Therefore, the NRC staff method of verifying rod position has no effect a significant increase in the probability or proposes to determine that the on the safety margin, as actual rod position consequences of an accident previously amendment request involves no is not affected. The proposed change to evaluated? significant hazards consideration. provide time to repair rods that are operable Response: No. Attorney for licensee: General but immovable does not result in a The proposed amendment will allow the Counsel, Tennessee Valley Authority, significant reduction in the margin of safety use of Optimized ZIRLO clad nuclear fuel at because all rods must be verified to be WBN Units 1 and 2. The NRC approved 400 West Summit Hill Drive, 6A West operable, and all other banks must be within topical report WCAP–12610–P–A and Tower, Knoxville, TN 37902. the insertion limits. The remaining proposed CENPD–404–P–A, Addendum 1–A, which NRC Branch Chief: Undine Shoop. changes to make the requirements internally addresses Optimized ZIRLO fuel rod consistent and to eliminate unnecessary cladding and demonstrates that Optimized III. Previously Published Notices of actions do not affect the margin of safety as ZIRLO fuel rod cladding has essentially the Consideration of Issuance of the changes do not affect the ability of the same properties as currently licensed Amendments to Facility Operating rods to perform their specified safety ZIRLO® fuel rod cladding. The use of Licenses and Combined Licenses, function. Optimized ZIRLO fuel rod cladding material Proposed No Significant Hazards Therefore, the proposed change does not will not result in adverse changes to the Consideration Determination, and involve a significant reduction in a margin of operation or configuration of the facility. The Opportunity for a Hearing safety. fuel cladding itself is not an accident initiator The NRC staff has reviewed the and does not affect accident probability. Use The following notices were previously of Optimized ZIRLO meets the fuel design published as separate individual licensee’s analysis and, based on this acceptance criteria and hence does not review, it appears that the three notices. The notice content was the significantly affect the consequences of an same as above. They were published as standards of 10 CFR 50.92(c) are accident. satisfied. Therefore, the NRC staff Therefore, the proposed TS change does individual notices either because time proposes to determine that the not result in a significant increase in the did not allow the Commission to wait amendment request involves no probability or consequences of an accident for this biweekly notice or because the significant hazards consideration. previously evaluated within the WBN [Unit action involved exigent circumstances. Attorney for licensee: Debbie Hendell, 1 and] Unit 2 UFSAR [Updated Final Safety They are repeated here because the Managing Attorney—Nuclear, Florida Analysis Report]. biweekly notice lists all amendments Power & Light Company, Mail Stop: 2. Does the proposed amendment create issued or proposed to be issued the possibility of a new or different kind of LAW/JB, 700 Universe Boulevard, Juno involving no significant hazards accident from any accident previously consideration. Beach, FL 33408–0420. evaluated? NRC Branch Chief: David J. Wrona. Response: No. For details, see the individual notice Tennessee Valley Authority, Docket No. The use of Optimized ZIRLO fuel rod in the Federal Register on the day and 50–390, Watts Bar Nuclear Plant (WBN), cladding material will not result in adverse page cited. This notice does not extend changes to the operation or configuration of the notice period of the original notice. Units 1 and 2, Rhea County, Tennessee the facility. WCAP–12610–P–A and CENPD– Date of amendment request: July 23, 404–P–A, Addendum 1–A demonstrated that Vistra Operations Company LLC, Docket 2018. A publicly available version is in the material properties of Optimized ZIRLO Nos. 50–445 and 50–446, Comanche ADAMS under Accession No. fuel rod cladding are similar to those of Peak Nuclear Power Plant (CPNPP), ML18205A492. ZIRLO fuel rod cladding. Therefore, Unit Nos. 1 and 2, Somervell County, Description of amendment request: Optimized ZIRLO fuel rod cladding will Texas perform similarly to ZIRLO fuel rod cladding, The amendments would revise the Units thus precluding the possibility of the fuel rod Date of amendment request: 1 and 2 Technical Specification (TS) cladding becoming an accident initiator and September 5, 2018, as supplemented by 4.2.1, ‘‘Fuel Assemblies,’’ to allow the causing a new or different kind of accident. TM letters dated September 20 and October use of Optimized ZIRLO fuel rod Therefore, the proposed TS change does 3, 2018. Publicly-available versions are cladding material. They would also not create the possibility of a new or different in ADAMS under Accession Nos. revises Units 1 and 2 TS 5.9.5, ‘‘Core kind of accident from any accident previously evaluated is not created. ML18250A186, ML18267A059, and Operating Limits Report (COLR),’’ to ML18277A207, respectively. add Westinghouse Electric Company 3. Does the proposed amendment involve Topical Reports WCAP–12610–P–A and a significant reduction in a margin of safety? Brief description of amendment Response: No. request: The amendments would revise CENPD–404–P–A, Addendum 1–A, WCAP–12610–P–A and CENPD–404–P–A, ‘‘Optimized ZIRLOTM,’’ to the list of the CPNPP Technical Specification Addendum 1–A, demonstrated that the 3.8.4, ‘‘DC [Direct Current] Sources— analytical methods used to determine material properties of the Optimized ZIRLO the core operating limits approved by Operating,’’ by adding a new REQUIRED fuel rod cladding are similar to those of ACTION to CONDITION B and an the NRC. In addition, the amendments ZIRLO fuel rod cladding. Optimized ZIRLO would correct the spelling of the word fuel rod cladding is expected to perform extended COMPLETION TIME, on a Zircaloy in WBN Unit 1 TS 4.2.1 only, similarly to ZIRLO fuel rod cladding for one-time basis to repair two affected add the word ‘‘clad’’ after the proposed normal operating and accident scenarios, battery cells on the CPNPP Unit 1, Train phrase ‘‘Optimized ZIRLOTM,’’ including both loss-of-coolant accident B safety-related batteries. (LOCA) and non-LOCA scenarios. The use of Date of publication of individual capitalize the word ‘‘Zirlo,’’ and add a Optimized ZIRLO fuel rod cladding will not registered trademark designator to the notice in Federal Register: October 10, result in adverse changes to the operation or 2018 (83 FR 50971). word ‘‘ZIRLO.’’ configuration of the facility. Basis for proposed no significant Therefore, the proposed TS change does Expiration date of individual notice: hazards consideration determination: not [involve] a significant reduction in a October 24, 2018 (public comments); As required by 10 CFR 50.91(a), the margin of safety. December 10, 2018 (hearing requests).

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IV. Notice of Issuance of Amendments reactors,’’ for Palo Verde. The subject to special treatment controls To Facility Operating Licenses and provisions of 10 CFR 50.69 allow (e.g., quality assurance, testing, Combined Licenses adjustment of the scope of equipment inspection, condition monitoring, During the period since publication of subject to special treatment controls assessment, and evaluation). For the last biweekly notice, the (e.g., quality assurance, testing, equipment determined to be of low Commission has issued the following inspection, condition monitoring, safety significance, alternative treatment amendments. The Commission has assessment, and evaluation). For requirements can be implemented in determined for each of these equipment determined to be of low accordance with this regulation. For amendments that the application safety significance, alternative treatment equipment determined to be of high complies with the standards and requirements can be implemented in safety significance, requirements will requirements of the Atomic Energy Act accordance with this regulation. For not be changed or will be enhanced. of 1954, as amended (the Act), and the equipment determined to be of high Date of issuance: October 22, 2018. Effective date: As of the date of Commission’s rules and regulations. safety significance, requirements will issuance and shall be implemented The Commission has made appropriate not be changed or will be enhanced. findings as required by the Act and the Date of issuance: October 10, 2018. within 60 days from the date of Commission’s rules and regulations in Effective date: As of the date of issuance. Amendment Nos: Braidwood—198/ 10 CFR chapter I, which are set forth in issuance and shall be implemented 198 and Byron—204/204. A publicly- the license amendment. within 90 days from the date of A notice of consideration of issuance issuance. available version is in ADAMS under of amendment to facility operating Amendment Nos.: 207 (Unit 1), 207 Accession No. ML18264A092; license or combined license, as (Unit 2), and 207 (Unit 3). A publicly- documents related to these amendments applicable, proposed no significant available version is in ADAMS under are listed in the related Safety hazards consideration determination, Accession No. ML18243A280; Evaluation enclosed with the and opportunity for a hearing in documents related to these amendments amendments. connection with these actions, was are listed in the Safety Evaluation Renewed Facility Operating License published in the Federal Register as enclosed with the amendments. Nos. NPF–72, NPF–77, NPF–37, and indicated. Renewed Facility Operating License NPF–66: The amendments revised the Unless otherwise indicated, the Nos. NPF–41, NPF–51, and NPF–74: The Renewed Facility Operating Licenses. Commission has determined that these amendments revised the Renewed Date of initial notice in Federal amendments satisfy the criteria for Facility Operating Licenses. Register: November 21, 2017 (82 FR categorical exclusion in accordance Date of initial notice in Federal 55404). The supplements dated April 4, 2018, with 10 CFR 51.22. Therefore, pursuant Register: September 26, 2017 (82 FR June 13, 2018, and September 13, 2018, to 10 CFR 51.22(b), no environmental 44850). The supplements dated May 9, provided additional information that impact statement or environmental July 13, and August 10, 2018, provided clarified the application, did not expand assessment need be prepared for these additional information that clarified the the scope of the application as originally amendments. If the Commission has application, did not expand the scope of noticed, and did not change the NRC prepared an environmental assessment the application as originally noticed, staff’s original proposed no significant under the special circumstances and did not change the NRC staff’s hazards consideration determination as provision in 10 CFR 51.22(b) and has original proposed no significant hazards published in the Federal Register. consideration determination as made a determination based on that The Commission’s related evaluation published in the Federal Register. assessment, it is so indicated. of the amendments is contained in a For further details with respect to the The Commission’s related evaluation Safety Evaluation dated October 22, action see (1) the applications for of the amendments is contained in a 2018. amendment, (2) the amendment, and (3) Safety Evaluation dated October 10, No significant hazards consideration the Commission’s related letter, Safety 2018. comments received: No. Evaluation and/or Environmental No significant hazards consideration Exelon Generation Company, LLC, Assessment as indicated. All of these comments received: No. Docket Nos. 50–373 and 50–374, LaSalle items can be accessed as described in Exelon Generation Company, LLC, County Station (LSCS), Units 1 and 2, the ‘‘Obtaining Information and Docket Nos. STN 50–456 and STN 50– LaSalle County, Illinois Submitting Comments’’ section of this 457, Braidwood Station, Units 1 and 2, Date of amendment request: document. Will County, Illinois and Docket Nos. December 13, 2017, as supplemented by Arizona Public Service Company, et al., STN 50–454 and STN 50–455, Byron letter dated June 18, 2018. Docket Nos. STN 50–528, STN 50–529, Station, Unit Nos. 1 and 2, Ogle County, Brief description of amendments: The and STN 50–530, Palo Verde Nuclear Illinois amendments revised the LSCS, Units 1 Generating Station, Unit Nos. 1, 2, and Date of amendment request: and 2, Technical Specifications to adopt 3 (Palo Verde), Maricopa County, September 1, 2017, as supplemented by Technical Specifications Task Force Arizona letters dated April 4, 2018, June 13, (TSTF)–542, Reactor Pressure Vessel Date of amendment request: July 19, 2018, and September 13, 2018. Water Inventory Control. 2017, as supplemented by letters dated Brief description of amendments: The Date of issuance: October 15, 2018. May 9, July 13, and August 10, 2018. amendments revised the licensing basis Effective date: As of the date of Brief description of amendments: The by the addition of a license condition to issuance and shall be implemented for amendments modified the licensing allow for the implementation of the LSCS, Units 1 and 2 prior to initial entry basis by the addition of a license provisions of 10 CFR 50.69, ‘‘Risk- into Mode 4 during the LSCS Unit 2 condition to allow the implementation informed categorization and treatment refueling outage in 2019 (i.e., L2R17), of the provisions of 10 CFR 50.69, of structures, systems and components which is currently scheduled to occur in ‘‘Risk-informed categorization and for nuclear power reactors.’’ The February 2019. treatment of structures, systems and provisions of 10 CFR 50.69 allow Amendment Nos.: 230 (Unit 1) and components for nuclear power adjustment of the scope of equipment 216 (Unit 2). A publicly-available

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version is in ADAMS under Accession Safety Evaluation dated October 17, Units 1, 2, and 3, Renewed Facility No. ML18226A202; documents related 2018. Operating Licenses to provide a to these amendments are listed in the No significant hazards consideration correction to previously submitted Safety Evaluation enclosed with the comments received: No. information in relation to their amendments. Southern Nuclear Operating Company, approved fire protection program under Renewed Facility Operating License Docket Nos. 52–025 and 52–026, Vogtle 10 CFR 50.48(c), ‘‘National Fire Nos. NPF–11 and NPF–18: The Electric Generating Plant (VEGP), Units Protection Association Standard NFPA amendments revised the Renewed 3 and 4, Burke County, Georgia 805.’’ Specifically, the amendments Facility Operating Licenses and Date of amendment request: July 28, modified the Browns Ferry licenses to Technical Specifications. 2017, as supplemented by letters dated reflect changes to Item 3.3.4 in Table B– Date of initial notice in Federal January 23, March 23, June 21, and 1, ‘‘Transition of Fundamental Fire Register: February 13, 2018 (83 FR August 9, 2018. Protection Program & Design Elements,’’ 6223). The supplemental letter dated Description of amendment: The of Attachment A in the NRC-approved June 18, 2018, provided additional amendment authorized the Southern amendments regarding NFPA 805 dated information that clarified the Nuclear Operating Company to change March 27, 2013. application, did not expand the scope of the VEGP Units 3 and 4 plant-specific Date of issuance: October 9, 2018. the application as originally noticed, Combined License (COL) Appendix A, and did not change the NRC staff’s Technical Specifications (TS) as Effective date: As of the date of original proposed no significant hazards incorporated into the VEGP Units 3 and issuance and shall be implemented consideration determination as 4 COLs. The amendment consisted of immediately. published in the Federal Register. changes to the COL Appendix A TS Amendment Nos.: 306 (Unit 1); 329 The Commission’s related evaluation related to reactivity controls and other (Unit 2); and 289 (Unit 3). A publicly- of the amendments is contained in a miscellaneous changes. The amendment available version is in ADAMS under Safety Evaluation dated October 15, revised the COL Appendix A, plant- Accession No. ML18241A319; 2018. specific TS by modifying the TS to make documents related to these amendments No significant hazards consideration them consistent with the design, are listed in the Safety Evaluation comments received: No. licensing basis, and other related TS. enclosed with the amendments. Exelon Generation Company, LLC, Date of issuance: August 23, 2018. Docket No. 50–219, Oyster Creek Effective date: As of the date of Renewed Facility Operating License Nuclear Generating Station, Ocean issuance and shall be implemented Nos. DPR–33, DPR–52, and DPR–68: The County, New Jersey within 30 days from the date of amendments revised the Renewed Facility Operating Licenses. Date amendment request: August 29, issuance. 2017, as supplemented by letter dated Amendment Nos.: 138 (Unit 3) and Date of initial notice in Federal February 13, 2018. 137 (Unit 4). A publicly-available Register: July 17, 2018 (83 FR 33270). Brief description of amendment: The version is in ADAMS under Accession The Commission’s related evaluation amendment revised the site emergency No. ML18100A110; documents related of the amendments is contained in a plan and emergency action level scheme to the amendment are listed in the Safety Evaluation dated October 9, 2018. for the permanently shutdown and Safety Evaluation enclosed with the No significant hazards consideration defueled condition. amendment. Date of issuance: October 17, 2018. Facility Combined License Nos. NPF– comments received: No. Effective date: The amendment is 91 and NPF–92: Amendment revised the Dated at Rockville, Maryland, this 25th day effective 12 months (365 days) following Facility Combined Licenses. of October, 2018. the permanent cessation of power Date of initial notice in Federal For the Nuclear Regulatory Commission. operations and shall be implemented Register: December 5, 2017 (82 FR Craig G. Erlanger, within 60 days of the effective date, but 57469). The supplemental letters dated Director, Division of Operating Reactor no later than March 28, 2021. January 23, March 23, June 21 and Licensing, Office of Nuclear Reactor Amendment No.: 294. A publicly- August 9, 2018 provided additional Regulation. available version is in ADAMS under information that clarified the [FR Doc. 2018–23782 Filed 11–5–18; 8:45 am] Accession No. ML18221A400; application, did not expand the scope of BILLING CODE 7590–01–P documents related to this amendment the application as originally noticed, are listed in the Safety Evaluation and did not change the NRC staff’s enclosed with the amendment. original proposed no significant hazard NUCLEAR REGULATORY Renewed Facility Operating License determination as published in the COMMISSION No. DPR–16: Amendment revised the Federal Register. emergency plan and emergency action The Commission’s related evaluation [Docket No. 72–1051; ASLBP No. 18–958– level scheme. of the amendment is contained in the 01–ISFSI–BD01] Date of initial notice in Federal Safety Evaluation dated August 23, Register: October 24, 2017 (82 FR 2018. Establishment of Atomic Safety and 49238). The supplemental letter dated No significant hazards consideration Licensing Board: Holtec International February 13, 2018, provided additional comments received: No. information that clarified the Tennessee Valley Authority, Docket Pursuant to delegation by the application, did not expand the scope of Nos. 50–259, 50–260, and 50–296, Commission, see 37 FR 28710 (Dec. 29, the application as originally noticed, Browns Ferry Nuclear Plant (Browns 1972), and the Commission’s and did not change the NRC staff’s Ferry), Units 1, 2, and 3, Limestone regulations, see, e.g., 10 CFR 2.104, original proposed no significant hazards County, Alabama 2.105, 2.300, 2.309, 2.313, 2.318, 2.321, consideration determination as Date of amendment request: May 3, notice is hereby given that an Atomic published in the Federal Register. 2018. Safety and Licensing Board (Board) is The Commission’s related evaluation Brief description of amendment: The being established to preside over the of the amendment is contained in a amendments revised the Browns Ferry, following proceeding:

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Holtec International Week of November 26, 2018—Tentative Secretary, Washington, DC 20555 (301– 415–1969), or you may email (HI–STORE Consolidated Interim Thursday, November 29, 2018 [email protected] or Storage Facility) 9:45 a.m. [email protected]. This proceeding involves an Affirmation Session (Public Meeting) Dated at Rockville, Maryland, this 2nd day application by Holtec International (Tentative) of November, 2018. requesting a license to construct and Motion to Quash Office of For the Nuclear Regulatory Commission. operate the HI–STORE Consolidated Investigations Subpoena Filed by Denise L. McGovern, Interim Storage Facility in Lea County, Reed College (Tentative) New Mexico. In response to a notice Policy Coordinator, Office of the Secretary. published in the Federal Register Thursday, November 29, 2018 [FR Doc. 2018–24324 Filed 11–2–18; 11:15 am] announcing the opportunity to request a 10:00 a.m. Briefing on Security Issues BILLING CODE 7590–01–P hearing, see 83 FR 32919 (July 16, 2018), (Closed Ex. 1). multiple requests for hearing and Week of December 3, 2018—Tentative requests to participate as an interested OVERSEAS PRIVATE INVESTMENT local governmental body have been Monday, December 3, 2018 CORPORATION filed. 10:00 a.m. Briefing on Equal The Board is comprised of the Sunshine Notice—December 5, 2018 Employment Opportunity, Public Hearing following Administrative Judges: Affirmative Employment, and Small • Paul S. Ryerson, Chairman, Atomic Business (Public). TIME AND DATE Safety and Licensing Board Panel, U.S. : 1:00 p.m., Wednesday, (Contact: Larniece McKoy Moore: Nuclear Regulatory Commission, December 5, 2018. 301–415–1942) Washington, DC 20555–0001. PLACE: Offices of the Corporation, This meeting will be webcast live at • Nicholas G. Trikouros, Atomic Twelfth Floor Board Room, 1100 New the Web address—http://www.nrc.gov/. Safety and Licensing Board Panel, U.S. York Avenue NW, Washington, DC Nuclear Regulatory Commission, Thursday, December 6, 2018 STATUS: Hearing OPEN to the Public at 1:00 p.m. Washington, DC 20555–0001. 10:00 a.m. Meeting with Advisory • Dr. Gary S. Arnold, Atomic Safety Committee on Reactor Safeguards MATTERS TO BE CONSIDERED: This will be and Licensing Board Panel, U.S. Nuclear (Public) a Public Hearing, held in conjunction Regulatory Commission, Washington, with each meeting of OPIC’s Board of DC 20555–0001. (Contact: Mark Banks: 301–415–3718) Directors, to afford an opportunity for All correspondence, documents, and This meeting will be webcast live at any person to present views regarding other materials shall be filed in the Web address—http://www.nrc.gov/. the activities of the Corporation. accordance with the NRC E-Filing rule. Week of December 10, 2018—Tentative Individuals wishing to address the See 10 CFR 2.302. hearing orally must provide advance There are no meetings scheduled for Dated: October 31, 2018, in Rockville, notice to OPIC’s Corporate Secretary no Maryland. the week of December 10, 2018. later than 5 p.m. Tuesday, November 27, Edward R. Hawkens, CONTACT PERSON FOR MORE INFORMATION: 2018. The notice must include the Chief Administrative Judge, Atomic Safety For more information or to verify the individual’s name, title, organization, and Licensing Board Panel. status of meetings, contact Denise address, and telephone number, and a [FR Doc. 2018–24193 Filed 11–5–18; 8:45 am] McGovern at 301–415–0681 or via email concise summary of the subject matter at [email protected]. The BILLING CODE 7590–01–P to be presented. schedule for Commission meetings is Oral presentations may not exceed ten subject to change on short notice. (10) minutes. The time for individual NUCLEAR REGULATORY The NRC Commission Meeting presentations may be reduced COMMISSION Schedule can be found on the internet proportionately, if necessary, to afford at: http://www.nrc.gov/public-involve/ all participants who have submitted a [NRC–2018–0001] public-meetings/schedule.html. timely request an opportunity to be The NRC provides reasonable Sunshine Act Meetings heard. accommodation to individuals with Participants wishing to submit a TIME AND DATE: Weeks of November 5, disabilities where appropriate. If you written statement for the record must 12, 19, 26, December 3, 10, 2018. need a reasonable accommodation to submit a copy of such statement to PLACE: Commissioners’ Conference participate in these public meetings, or OPIC’s Corporate Secretary no later than Room, 11555 Rockville Pike, Rockville, need this meeting notice or the 5 p.m. Tuesday, November 27, 2018. Maryland. transcript or other information from the Such statement must be typewritten, public meetings in another format (e.g., STATUS: Public and Closed. double spaced, and may not exceed braille, large print), please notify twenty-five (25) pages. MATTERS TO BE CONSIDERED: Kimberly Meyer-Chambers, NRC Upon receipt of the required notice, Week of November 5, 2018 Disability Program Manager, at 301– OPIC will prepare an agenda, which There are no meetings scheduled for 287–0739, by videophone at 240–428– will be available at the hearing, that the week of November 5, 2018. 3217, or by email at Kimberly.Meyer- identifies speakers, the subject on which [email protected]. Determinations on each participant will speak, and the Week of November 12, 2018—Tentative requests for reasonable accommodation time allotted for each presentation. There are no meetings scheduled for will be made on a case-by-case basis. A written summary of the hearing will the week of November 12, 2018. Members of the public may request to be compiled, and such summary will be receive this information electronically. made available, upon written request to Week of November 19, 2018—Tentative If you would like to be added to the OPIC’s Corporate Secretary, at the cost There are no meetings scheduled for distribution, please contact the Nuclear of reproduction. Written summaries of the week of November 19, 2018. Regulatory Commission, Office of the the projects to be presented at the

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December 13, 2018, Board meeting will the functions of the agency, including includes a component for administrative be posted on OPIC’s website. whether the information has practical expenses as well as a component to CONTACT PERSON FOR INFORMATION: utility; (b) the accuracy of the RRB’s cover costs shared by all employers. The Information on the hearing may be estimate of the burden of the collection regulations prescribing the manner and obtained from Catherine F. I. Andrade at of the information; (c) ways to enhance conditions for remitting the (202) 336–8768, via facsimile at (202) the quality, utility, and clarity of the contributions and for adjusting 408–0297, or via email at information to be collected; and (d) overpayments or underpayments of [email protected]. ways to minimize the burden related to contributions are contained in 20 CFR the collection of information on 345. Dated: November 1, 2018. respondents, including the use of RRB Form DC–1, Employer’s Catherine F. I. Andrade, automated collection techniques or Quarterly Report of Contributions under OPIC Corporate Secretary. other forms of information technology. the Railroad Unemployment Insurance [FR Doc. 2018–24253 Filed 11–2–18; 11:15 am] 1. Title and purpose of information Act, is used by railroad employers to BILLING CODE 3210–01–P collection: Employer’s Quarterly Report report and remit their quarterly of Contributions under the Railroad contributions to the RRB. Employers can Unemployment Insurance Act; OMB use either the manual version of the RAILROAD RETIREMENT BOARD 3220–0012. form or its internet equivalent. One Under Section 8 of the Railroad response is requested quarterly of each Proposed Collection; Comment Unemployment Insurance Act (RUIA), respondent and completion is Request as amended by the Railroad mandatory. The RRB proposes the Unemployment Improvement Act of following changes to the manual and Summary: In accordance with the 1988 (Pub. L. 100–647), the RRB electronic versions of Form DC–1: requirement of Section 3506 (c)(2)(A) of determines the amount of an employer’s • the Paperwork Reduction Act of 1995 contribution, primarily on the basis of Manual version—Minor non-burden which provides opportunity for public the RUIA benefits paid, both impacting editorial changes. • comment on new or revised data unemployment and sickness, to the Pay.gov version. collections, the Railroad Retirement employees of the railroad employer. • Combined Paperwork Reduction Board (RRB) will publish periodic These experienced-based contributions Act link and form instructions link into summaries of proposed data collections. take into account the frequency, one that reads ‘‘Click for Instructions Comments are invited on: (a) Whether volume, and duration of the employees’ and Paperwork Reduction Act Notice.’’ the proposed information collection is unemployment and sickness benefits. • Other minor non-burden impacting necessary for the proper performance of Each employer’s contribution rate editorial changes.

ESTIMATE OF ANNUAL RESPONDENT BURDEN

Annual Time Burden Form number responses (minutes) (hours)

DC–1 (RRB.Gov) ...... 720 25 300 DC–1 (Pay.Gov) ...... 1,680 25 700

Total ...... 2,400 ...... 1,000

2. Title and purpose of information and whether exemption under a tax response is requested of each collection: Nonresident Questionnaire; treaty between the United States and the respondent. The RRB proposes the OMB 3220–0145. country in which the beneficiary is a following changes to Form RRB–1001: Under Public Laws 98–21 and 98–76, legal resident has been claimed. To • Renumbered Items A through C and benefits under the Railroad Retirement effect the required tax withholding, the G to Items 1 through 4. Act payable to annuitants living outside Railroad Retirement Board (RRB) needs • Renumbered Items 1 through 5 to the United States may be subject to to know a nonresident’s citizenship and Items 5 through 9. taxation under United States income tax legal residence status. • Removed Item D, CNTRY CODE; laws. Whether the social security To secure the required information, Item E, CITZ CODE; and Item F, NRA equivalent and non-social security the RRB utilizes Form RRB–1001, TAX CODE as the information collected equivalent portions of Tier I, Tier II, Nonresident Questionnaire, as a by them is no longer needed. vested dual benefit, or supplemental supplement to an application as part of • Removed the General Instructions annuity payments are subject to tax the initial application process, and as an and the Paperwork Reduction Act and withholding, and whether the same or independent vehicle for obtaining the Privacy Act Notices from the back of the different rates are applied to each needed information when an form as they are included in the Form payment, depends on a beneficiary’s annuitant’s residence or tax treaty status TB–26 instructions, which is an citizenship and legal residence status, changes. Completion is voluntary. One enclosure.

ESTIMATE OF ANNUAL RESPONDENT BURDEN

Form Annual Time Burden number responses (minutes) (hours)

RRB–1001 ...... (initial filing) ...... 300 30 250

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ESTIMATE OF ANNUAL RESPONDENT BURDEN—Continued

Form Annual Time Burden number responses (minutes) (hours)

RRB–1001 ...... (tax renewal) ...... 1,000 30 400

Total ...... 1,300 ...... 650

3. Title and purpose of information or benefits to provide written statements sickness benefits. Procedures related to collection: Statement of Claimant or supplementing or changing statements providing information needed for RRA Other Person; OMB 3220–0183. previously provided by the applicant. annuity or RUIA benefit eligibility To support an application for an Under the railroad retirement program determinations are prescribed in 20 CFR annuity under Section 2 of the Railroad these statements may relate to a change 217 and 320 respectively. Retirement Act (RRA) or for in an annuity beginning date(s), date of The RRB utilizes Form G–93, unemployment benefits under Section 2 marriage(s), birth(s), prior railroad or Statement of Claimant or Other Person, of the Railroad Unemployment non-railroad employment, an to obtain from applicants or other Insurance Act (RUIA), pertinent applicant’s request for reconsideration persons, the supplemental or corrective information and proofs must be of an unfavorable RRB eligibility information needed to determine furnished for the RRB to determine determination for an annuity or various applicant eligibility for an RRA annuity benefit entitlement. Circumstances may other matters. The statements may also or RUIA benefits. Completion is require an applicant or other person(s) be used by the RRB to secure a variety voluntary. One response is requested of having knowledge of facts relevant to of information needed to determine each respondent. The RRB proposes no the applicant’s eligibility for an annuity eligibility to unemployment and changes to Form G–93.

ESTIMATE OF ANNUAL RESPONDENT BURDEN

Form Annual Time Burden number responses (minutes) 1/ (hours)

G–93 ...... 60 15 15

Additional Information or Comments: Extension: of the burden imposed by the collection To request more information or to Regulation S–T; SEC File No. 270–375; of information; (c) ways to enhance the obtain a copy of the information OMB Control No. 3235–424. quality, utility, and clarity of the collection justification, forms, and/or Notice is hereby given that, pursuant information collected; and (d) ways to supporting material, contact Dana to the Paperwork Reduction Act of 1995 minimize the burden of the collection of Hickman at (312) 751–4981 or (44 U.S.C. 3501 et seq.), the Securities information on respondents, including [email protected]. Comments and Exchange Commission through the use of automated collection regarding the information collection (‘‘Commission’’) is soliciting comments techniques or other forms of information should be addressed to Brian Foster, on the collection of information technology. Consideration will be given Railroad Retirement Board, 844 North summarized below. The Commission to comments and suggestions submitted Rush Street, Chicago, Illinois 60611– plans to submit this existing collection in writing within 60 days of this 1275 or emailed to [email protected]. of information to the Office of publication. Written comments should be received Management and Budget for extension An agency may not conduct or within 60 days of this notice. and approval. sponsor, and a person is not required to Brian Foster, Regulation S–T (17 CFR 232.10 respond to, a collection of information Clearance Officer. through 232.501) sets forth the general unless it displays a currently valid requirements and procedures for the [FR Doc. 2018–24236 Filed 11–5–18; 8:45 am] control number. electronic submission of documents on BILLING CODE 7905–01–P Please direct your written comment to the Electronic Data Gathering, Analysis Charles Riddle, Acting Chief and Retrieval (‘‘EDGAR’’) System. Information Officer, Securities and Regulation S–T is assigned one burden Exchange Commission, c/o Candace SECURITIES AND EXCHANGE hour for administrative convenience Kenner, 100 F Street NE, Washington, COMMISSION because it does not directly impose any DC 20549 or send an email to: PRA_ information collection requirements. [email protected]. Proposed Collection; Comment Written comments are invited on: (a) Request Whether the proposed collection of Dated: October 31, 2018. Upon Written Request Copies Available information is necessary for the proper Eduardo A. Aleman, From: Securities and Exchange performance of the functions of the Assistant Secretary. Commission, Office of FOIA Services, agency, including whether the [FR Doc. 2018–24211 Filed 11–5–18; 8:45 am] information will have practical utility; 100 F Street NE, Washington, DC BILLING CODE 8011–01–P 20549–2736. (b) the accuracy of the agency’s estimate

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DEPARTMENT OF STATE • Obligation to Respond: Required to DEPARTMENT OF THE TREASURY Obtain or Retain a Benefit. [Public Notice: 10592] Community Development Financial We are soliciting public comments to Institutions Fund 30-Day Notice of Proposed Information permit the Department to: Collection: Affidavit of Physical • Evaluate whether the proposed Bond Guarantee Program, FY 2019; Presence or Residence, Parentage and information collection is necessary for Notice of Guarantee Availability Support the proper functions of the Department. Funding Opportunity Title: Notice of ACTION: Notice of request for public • Evaluate the accuracy of our Guarantee Availability (NOGA) inviting comment and submission to OMB of estimate of the time and cost burden for Qualified Issuer Applications and proposed collection of information. this proposed collection, including the Guarantee Applications for the validity of the methodology and Community Development Financial SUMMARY: The Department of State has assumptions used. Institutions (CDFI) Bond Guarantee submitted the information collection • Enhance the quality, utility, and Program. described below to the Office of Announcement Type: Announcement Management and Budget (OMB) for clarity of the information to be collected. of opportunity to submit Qualified approval. In accordance with the Issuer Applications and Guarantee • Paperwork Reduction Act of 1995 we Minimize the reporting burden on Applications. are requesting comments on this those who are to respond, including the Catalog of Federal Domestic collection from all interested use of automated collection techniques Assistance (CFDA) Number: 21.011. individuals and organizations. The or other forms of information Dates: Qualified Issuer Applications purpose of this Notice is to allow 30 technology. and Guarantee Applications may be days for public comment. Please note that comments submitted submitted to the CDFI Fund starting on DATES: Submit comments directly to the in response to this Notice are public the date of publication of this NOGA. In Office of Management and Budget order to be considered for the issuance (OMB) up to December 6, 2018. record. Before including any detailed personal information, you should be of a Guarantee in FY 2019, Qualified ADDRESSES: aware that your comments as submitted, Issuer Applications must be submitted • Email: oira_submission@ by 11:59 p.m. Eastern Standard Time including your personal information, omb.eop.gov. You must include the DS (EST) on February 19, 2019 and will be available for public review. form number, information collection Guarantee Applications must be title, and the OMB control number in Abstract of Proposed Collection submitted by 11:59 p.m. EST on the subject line of your message. February 26, 2019. If applicable, CDFI • Fax: 202–395–5806. Attention: Desk The information gathered, including Certification Applications must be Officer for Department of State. dates, places and purposes for time received by the CDFI Fund by 11:59 FOR FURTHER INFORMATION CONTACT: spent in the United States and abroad, p.m. EST on December 3, 2018. Under Direct requests for additional is necessary to determine whether a U.S. FY 2019 authority, which is contingent information regarding the collection national biological parent(s) of a child upon Congressional authorization, Bond listed in this notice, including requests born abroad or in a United States Documents and Bond Loan documents for copies of the proposed collection territory has met the statutory physical must be executed, and Guarantees will instrument and supporting documents, presence or residence requirements for be provided, in the order in which to Derek A. Rivers, Bureau of Consular his or her child to acquire U.S. Guarantee Applications are approved or Affairs, Overseas Citizens Services (CA/ nationality at birth; and whether a U.S. by such other criteria that the CDFI OCS/PMO), U.S. Department of State, national father of a child born abroad Fund may establish, in its sole 2201 C St. NW, Washington, DC 20522, out of wedlock has met additional discretion, and in any event by who may be reached at requirements of 8 U.S.C. 1409(a) in September 30, 2019. mailto:[email protected]. relation to biological parentage and legal Executive Summary: This NOGA is SUPPLEMENTARY INFORMATION: relationship with and financial support published in connection with the CDFI • Title of Information Collection: of his child born abroad out of wedlock, Bond Guarantee Program, administered by the Community Development Affidavit of Physical Presence or in order for such child to acquire U.S. Financial Institutions Fund (CDFI Residence, Parentage and Support. nationality at birth. • OMB Control Number: 1405–0187. Fund), the U.S. Department of the • Type of Request: Revision of a Methodology Treasury (Treasury). Through this Currently Approved Collection. NOGA, the CDFI Fund announces the • Originating Office: Bureau of The information is collected in person availability of up to $1 billion of Consular Affairs, Overseas Citizens or is submitted by mail. The form may Guarantee Authority in FY 2019, Services (CA/OCS). be accessed online, completed contingent upon Congressional • Form Number: DS–5507. electronically, printed, and signed; or it authorization. This NOGA explains • Respondents: Individuals or may be downloaded, printed, and filled application submission and evaluation Households. out manually. requirements and processes, and • Estimated Number of Respondents: provides agency contacts and Michelle Bernier-Toth, 17,950. information on CDFI Bond Guarantee • Estimated Number of Responses: Managing Director, Bureau of Consular Program outreach. Parties interested in 17,950. Affairs, Overseas Citizens Services, being approved for a Guarantee under • Average Time per Response: 30 Department of State. the CDFI Bond Guarantee Program must minutes. [FR Doc. 2018–24204 Filed 11–5–18; 8:45 am] submit Qualified Issuer Applications • Total Estimated Burden Time: 8,975 BILLING CODE 4710–06–P and Guarantee Applications for hours. consideration in accordance with this • Frequency: On occasion. NOGA.

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Capitalized terms used in this NOGA Application to the next phase of review. Bond Loans, and will be entered into by and not defined elsewhere are defined Submitting an incomplete Guarantee the Qualified Issuer and each Eligible in the CDFI Bond Guarantee Program Application earlier than other CDFI that receives a Bond Loan; regulations (12 CFR 1808.102) and the applicants does not ensure first d. The Bond Purchase Agreement, CDFI Program regulations (12 CFR approval. which describes the terms and 1805.104). 3. Qualified Issuer Applications and conditions under which the Bond Guarantee Applications that were Purchaser will purchase the Bonds I. Guarantee Opportunity Description received in FY 2018 and that were issued by the Qualified Issuer, and will A. Authority. The CDFI Bond neither withdrawn nor declined in FY be signed by the Bond Purchaser, the Guarantee Program was authorized by 2018 will be considered under FY 2019 Qualified Issuer, the Guarantor and the the Small Business Jobs Act of 2010 authority. CDFI Fund; and (Pub. L. 111–240; 12 U.S.C. 4713a) (the 4. Pursuant to the Regulations at 12 e. The Future Advance Promissory Act). Section 1134 of the Act amended CFR 1808.504(c), the Guarantor may Bond, which will be signed by the the Riegle Community Development and limit the number of Guarantees issued Qualified Issuer as its promise to repay Regulatory Improvement Act of 1994 (12 per year or the number of Guarantee the Bond Purchaser. U.S.C. 4701, et seq.) to provide authority Applications accepted to ensure that a The template documents may be to the Secretary of the Treasury sufficient examination of Guarantee updated periodically, as needed, and (Secretary) to establish and administer Applications is conducted. will be tailored, as appropriate, to the the CDFI Bond Guarantee Program. E. Additional reference documents. In terms and conditions of a particular B. Bond Issue size; Amount of addition to this NOGA, the CDFI Fund Bond, Bond Loan, and Guarantee. Guarantee authority. In FY 2019, the encourages interested parties to review The Bond Documents and the Bond Secretary may guarantee Bond Issues the following documents, which have Loan documents reflect the terms and having a minimum Guarantee of $100 been posted on the CDFI Bond conditions of the CDFI Bond Guarantee million each, up to an aggregate total of Guarantee Program page of the CDFI Program and will not be substantially $1 billion, contingent upon Fund’s website at http:// revised or negotiated prior to execution. Congressional authorization. www.cdfifund.gov/bond. F. Frequently Asked Questions. The C. Program summary. The purpose of 1. CDFI Bond Guarantee Program CDFI Fund will periodically post on its the CDFI Bond Guarantee Program is to Regulations. The regulations that govern website responses to questions that are support CDFI lending by providing the CDFI Bond Guarantee Program were asked by parties interested in the CDFI Guarantees for Bonds issued for Eligible published on February 5, 2013 (78 FR Bond Guarantee Program. Community or Economic Development 8296; 12 CFR part 1808) (the G. Designated Bonding Authority. The Purposes, as authorized by section 1134 Regulations), and provide the regulatory CDFI Fund has determined that, for and 1703 of the Act. The Secretary, as requirements and parameters for CDFI purposes of this NOGA, it will not the Guarantor of the Bonds, will provide Bond Guarantee Program solicit applications from entities seeking a 100 percent Guarantee for the implementation and administration to serve as a Qualified Issuer in the role repayment of the Verifiable Losses of including general provisions, eligibility, of the Designated Bonding Authority, Principal, Interest, and Call Premium of eligible activities, applications for pursuant to 12 CFR 1808.201, in FY Bonds issued by Qualified Issuers. Guarantee and Qualified Issuer, 2019. Qualified Issuers, approved by the CDFI evaluation and selection, terms and H. Noncompetitive process. The CDFI Fund, will issue Bonds that will be conditions of the Guarantee, Bonds, Bond Guarantee Program is a non- purchased by the Federal Financing Bond Loans, and Secondary Loans. competitive program through which Bank. The Qualified Issuer will use 100 2. Application materials. Details Qualified Issuer Applications and percent of Bond Proceeds to provide regarding Qualified Issuer Application Guarantee Applications will undergo a Bond Loans to Eligible CDFIs, which and Guarantee Application content merit-based evaluation (meaning, will use Bond Loan proceeds for Eligible requirements are found in this NOGA applications will not be scored against Community and Economic Development and the respective application materials. each other in a competitive manner in Purposes, including providing 3. Program documentation. Interested which higher ranked applicants are Secondary Loans to Secondary parties should review the template Bond favored over lower ranked applicants). Borrowers. Documents and Bond Loan documents I. Relationship to other CDFI Fund D. Review of Guarantee Applications, that will be used in connection with programs. in general. each Guarantee. The template 1. Award funds received under any 1. Qualified Issuer Applications documents are posted on the CDFI other CDFI Fund Program cannot be submitted with Guarantee Applications Fund’s website for review. Such used by any participant, including will have priority for review over documents include, among others: Qualified Issuers, Eligible CDFIs, and Qualified Issuer Applications submitted a. The Agreement to Guarantee, which Secondary Borrowers, to pay principal, without Guarantee Applications. With describes the roles and responsibilities interest, fees, administrative costs, or the exception of the aforementioned of the Qualified Issuer, will be signed by issuance costs (including Bond Issuance prioritized review, all Qualified Issuer the Qualified Issuer and the Guarantor, Fees) related to the CDFI Bond Applications and Guarantee and will include term sheets as exhibits Guarantee Program, or to fund the Risk- Applications will be reviewed by the that will be signed by each individual Share Pool for a Bond Issue. CDFI Fund on an ongoing basis, in the Eligible CDFI; 2. Bond Proceeds may be combined order in which they are received, or by b. The Bond Trust Indenture, which with New Markets Tax Credits (NMTC) such other criteria that the CDFI Fund describes responsibilities of the Master derived equity (i.e., leveraged loan) to may establish in its sole discretion. Servicer/Trustee in overseeing the Trust make a Qualified Equity Investment 2. Guarantee Applications that are Estate and servicing of the Bonds, and (QEI) in a Community Development incomplete or require the CDFI Fund to will be entered into by the Qualified Entity or to refinance a Qualified Low- request additional or clarifying Issuer and the Master Servicer/Trustee; Income Community Investment (QLICI) information may delay the ability of the c. The Bond Loan Agreement, which at the beginning of the seven (7) year CDFI Fund to move the Guarantee describes the terms and conditions of NMTC compliance period only under

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the following circumstances: If an Issuer determination prior to approving a. Primary mission requirement (12 Eligible CDFI proposes to use Bond a Guarantee Application. As noted CFR 1805.201(b)(1)): To be a Certified Loan proceeds to finance a leveraged above in D (1), review priority will be CDFI, an entity must have a primary loan in a transaction that includes a given to any Qualified Issuer mission of promoting community NMTC investment, the Eligible CDFI Application that is accompanied by a development, which mission must be must provide: (1) Additional collateral Guarantee Application. consistent with its Target Market. In in the form of Other Pledged Loans or L. Other restrictions on use of funds. general, the entity will be found to meet Cash Collateral; (2) a payment guarantee Bond Proceeds may not be used to the primary mission requirement if its or similar Credit Enhancement; and/or finance or refinance any trade or incorporating documents or board- (3) other assurances that are required by business consisting of the operation of approved narrative statement (i.e., Treasury such as additional collateral or any private or commercial golf course, mission statement or resolution) clearly Credit Enhancements. country club, massage parlor, hot tub indicate that it has a mission of 3. Credit Enhancements, and/or facility, suntan facility, racetrack or purposefully addressing the social and/ assurances must be from a non-Federal other facility used for gambling, or any or economic needs of Low-Income source, remain in force during the entire store the principal business of which is individuals, individuals who lack seven-year NMTC compliance period, the sale of alcoholic beverages for adequate access to capital and/or and comply with the Secondary Loan consumption off-premises. Bond financial services, distressed Requirements. These requirements may Proceeds may not be used to finance or communities, and other underserved be included in the term sheet (which is refinance tax- exempt obligations or markets. An Affiliate of a Controlling an exhibit to the Agreement to finance or refinance projects that are CDFI, seeking to be certified as a CDFI Guarantee that must be signed by the also financed by tax-exempt obligations (and therefore, approved to be an Eligible CDFI) and the final Bond Loan if: (a) Such financing or refinancing Eligible CDFI to participate in the CDFI terms. results in the direct or indirect Bond Guarantee Program), must 4. Bond Proceeds may not be used to subordination of the Bond Loan or Bond demonstrate that it meets the primary refinance a leveraged loan during the Issue to the tax-exempt obligations or (b) mission requirement on its own merit, seven-year NMTC compliance period. such financing or refinancing results in pursuant to the regulations and the However, Bond Proceeds may be used to a corresponding guarantee of the tax- CDFI Certification Application and refinance a QLICI after the seven-year exempt obligation. Qualified Issuers and related guidance materials posted on the NMTC compliance period has ended, so Eligible CDFIs must ensure that any CDFI Fund’s website. long as all other programmatic financing made in conjunction with tax- b. Financing entity requirement (12 requirements are met. exempt obligations complies with CDFI CFR 1805.201(b)(2)): To be a Certified 5. The terms Qualified Equity Bond Guarantee Program Regulations. CDFI, an entity must demonstrate that Investment, Community Development its predominant business activity is the II. General Application Information Entity, and QLICI are defined in the provision of Financial Products and NMTC Program’s authorizing statute, 26 The following requirements apply to Financial Services, Development U.S.C. 45D. all Qualified Issuer Applications and Services, and/or other similar financing. J. Relationship and interplay with Guarantee Applications submitted i. On April 10, 2015, the CDFI Fund other Federal programs and Federal under this NOGA, as well as any published a revision of 12 CFR funding. Eligible CDFIs may not use Qualified Issuer Applications and 1805.201(b)(2), the section of the CDFI Bond Loans to refinance existing Guarantee Applications submitted certification regulation that governs the Federal debt or to service debt from under the FY 2018 NOGA that were ‘‘financing entity’’ requirement. The other Federal credit programs. neither withdrawn nor declined in FY regulatory change creates a means for 1. The CDFI Bond Guarantee Program 2018. the CDFI Fund, in its discretion, to underwriting process will include a A. CDFI Certification Requirements. deem an Affiliate (meaning, in this case, comprehensive review of the Eligible 1. In general. By statute and an entity that is Controlled by a CDFI; CDFI’s concentration of sources of funds regulation, the Qualified Issuer see 12 CFR 1805.104(b)) to have met the available for debt service, including the applicant must be either a Certified financing entity requirement based on concentration of sources from other CDFI (an entity that has been certified the financing activity or track record of Federal programs and level of reliance by the CDFI Fund as meeting the CDFI the Controlling CDFI (Control is defined on said sources, to determine the certification requirements set forth in 12 in 12 CFR 1805.104(q)), solely for the Eligible CDFI’s ability to service the CFR 1805.201) or an entity designated purpose of participating in the CDFI additional debt. by a Certified CDFI to issue Bonds on Bond Guarantee Program as an Eligible 2. In the event that the Eligible CDFI its behalf. An Eligible CDFI must be a CDFI. proposes to use other Federal funds to Certified CDFI as of the Bond Issue Date In order for the Affiliate to rely on the service Bond Loan debt or as a Credit and must maintain its CDFI certification Controlling CDFI’s financing track Enhancement, the CDFI Fund may throughout the term of the record, (A) the Controlling CDFI must be require, in its sole discretion, that the corresponding Bond. a Certified CDFI; (B) there must be an Eligible CDFI provide written assurance 2. CDFI Certification requirements. operating agreement that includes from such other Federal program, in a Pursuant to the regulations that govern management and ownership provisions form that is acceptable to the CDFI Fund CDFI certification (12 CFR 1805.201), an in effect between the two entities (prior and that the CDFI Fund may rely upon, entity may be certified if it is a legal to the submission of a CDFI Certification that said use is permissible. entity (meaning, that it has properly Application and in form and substance K. Contemporaneous application filed articles of incorporation or other that is acceptable to the CDFI Fund); submission. Qualified Issuer organizing documents with the State or and (C) the Affiliate must submit a Applications may be submitted other appropriate body in the complete CDFI Certification Application contemporaneously with Guarantee jurisdiction in which it was legally to the CDFI Fund no later than 11:59 Applications; however, the CDFI Fund established, as of the date the CDFI p.m. EST on December 3, 2018 in order will review an entity’s Qualified Issuer Certification Application is submitted) it to be considered for CDFI certification Application and make its Qualified and meets the following requirements: and participation in the FY 2019

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application round of the CDFI Bond i. To be a Certified CDFI, an entity requirement through one or more of Guarantee Program. must serve at least one eligible Target such Controlling CDFIs’ Targeted This regulatory revision affects only Market (either an Investment Area or a Populations. the Affiliate’s ability to meet the Targeted Population) by directing at An Affiliate that meets the Target financing entity requirement for least 60% of all of its Financial Product Market requirement through paragraphs purposes of CDFI certification: said activities to one or more eligible Target (ii) (A) or (B) above, is not eligible to Affiliate must meet the other Market. receive financial or technical assistance certification criteria in accordance with ii. Solely for the purpose of awards or tax credit allocations under the existing regulations governing CDFI participation as an Eligible CDFI in the any other CDFI Fund program until certification. FY 2019 application round of the CDFI such time that the Affiliate meets the ii. The revised regulation also states Bond Guarantee Program, an Affiliate of Target Market requirements based on its that, solely for the purpose of a Controlling CDFI may be deemed to own activity or track record. participating in the CDFI Bond meet the Target Market requirement by iii. If an Affiliate elects to satisfy the Guarantee Program, the Affiliate’s virtue of serving either: target market requirement based on provision of Financial Products and (A) An Investment Area through paragraphs (c)(ii)(A) or (B) above, the Financial Services, Development ‘‘borrowers or investees’’ that serve the Affiliate and the Controlling CDFI must Services, and/or other similar financing Investment Area or provide significant have entered into the operating transactions need not be arms-length in benefits to its residents (pursuant to 12 agreement as described above, prior to nature if such transaction is by and CFR 1805.201(b)(3)(ii)(F)). For purposes the date that the CDFI Certification between the Affiliate and Controlling of this NOGA, the term ‘‘borrower’’ or Application is submitted, in form and CDFI, pursuant to an operating ‘‘investee’’ includes a borrower of a loan substance that is acceptable to the CDFI agreement that (a) includes management originated by the Controlling CDFI that Fund. and ownership provisions, (b) is has been transferred to the Affiliate as d. Development Services requirement effective prior to the submission of a lender (which loan must meet (12 CFR 1805.201(b)(4)): To be a CDFI Certification Application, and (c) Secondary Loan Requirements), Certified CDFI, an entity must provide is in form and substance that is pursuant to an operating agreement with Development Services in conjunction acceptable to the CDFI Fund. the Affiliate that includes ownership/ with its Financial Products. Solely for iii. An Affiliate whose CDFI investment and management provisions, the purpose of participation as an certification is based on the financing which agreement must be in effect prior Eligible CDFI in the FY 2019 application activity or track record of a Controlling to the submission of a CDFI Certification round of the CDFI Bond Guarantee CDFI is not eligible to receive financial Application and in form and substance Program, an Affiliate of a Controlling or technical assistance awards or tax that is acceptable to the CDFI Fund. CDFI may be deemed to meet this credit allocations under any other CDFI Loans originated by the Controlling requirement if: (i) Its Development Fund program until such time that the CDFI do not need to be transferred prior Services are provided by the Controlling Affiliate meets the financing entity to application submission; however, CDFI pursuant to an operating requirement based on its own activity or such loans must be transferred before agreement that includes management track record. certification of the Affiliate is effective. and ownership provisions with the iv. If an Affiliate elects to satisfy the If an Affiliate has more than one Controlling CDFI that is effective prior financing entity requirement based on Controlling CDFI, it may meet this to the submission of a CDFI Certification the financing activity or track record of Investment Area requirement through Application and in form and substance a Controlling CDFI, and if the CDFI one or more of such Controlling CDFIs’ that is acceptable to the CDFI Fund and Fund approves such Affiliate as an Investment Areas; or (ii) the Controlling CDFI must have Eligible CDFI for the sole purpose of (B) a Targeted Population ‘‘indirectly provided Development Services in participation in the CDFI Bond or through borrowers or investees that conjunction with the transactions that Guarantee Program, said Affiliate’s CDFI directly serve or provide significant the Affiliate is likely to purchase, prior certification will terminate if: (A) It does benefits to such members’’ (pursuant to to the date of submission of the CDFI not enter into Bond Loan documents 12 CFR 1805.201(b)(3)(iii)(B)) if a loan Certification Application. with its Qualified Issuer within one (1) originated by the Controlling CDFI has e. Accountability requirement (12 year of the date that it signs the term been transferred to the Affiliate as CFR 1805.201(b)(5)): To be a Certified sheet (which is an exhibit to the lender (which loan must meet CDFI, an entity must maintain Agreement to Guarantee); (B) it ceases to Secondary Loan Requirements) and the accountability to residents of its be an Affiliate of the Controlling CDFI; Controlling CDFI’s financing entity Investment Area or Targeted Population or (C) it ceases to adhere to CDFI activities serve the Affiliate’s Targeted through representation on its governing certification requirements. Population pursuant to an operating board and/or advisory board(s), or v. An Affiliate electing to satisfy the agreement that includes ownership/ through focus groups, community financing entity requirement based on investment and management provisions meetings, and/or customer surveys. the financing activity or track record of by and between the Affiliate and the Solely for the purpose of participation a Controlling CDFI need not have Controlling CDFI, which agreement as an Eligible CDFI in the FY 2019 completed any financing activities prior must be in effect prior to the submission application round of the CDFI Bond to the date the CDFI Certification of a CDFI Certification Application and Guarantee Program, an Affiliate of a Application is submitted or approved. in form and substance that is acceptable Controlling CDFI may be deemed to However, the Affiliate and the to the CDFI Fund. Loans originated by meet this requirement only if it has a Controlling CDFI must have entered into the Controlling CDFI do not need to be governing board and/or advisory board the operating agreement described in transferred prior to application that has the same composition as the (b)(i)(B) above, prior to such date, in submission; however, such loans must Controlling CDFI and such governing form and substance that is acceptable to be transferred before certification of the board or advisory board has convened the CDFI Fund. Affiliate is effective. If an Affiliate has and/or conducted Affiliate business c. Target Market requirement (12 CFR more than one Controlling CDFI, it may prior to the date of submission of the 1805.201(b)(3)): meet this Targeted Population CDFI Certification Application. If an

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Affiliate has multiple Controlling CDFIs, will not be considered for the FY 2019 to respond to inquiries and/or requests the governing board and/or advisory application round of the CDFI Bond for the required identification numbers. board may have a mixture of Guarantee Program. 3. System for Award Management representatives from each Controlling 6. In no event will the Secretary (SAM). Registering with SAM is CDFI so long as there is at least one approve a Guarantee for a Bond from required for each Qualified Issuer representative from each Controlling which a Bond Loan will be made to an applicant, its proposed Program CDFI. entity that is not an Eligible CDFI. The Administrator, its proposed Servicer, f. Non-government entity requirement Secretary must make FY 2019 Guarantee and each Certified CDFI that is included (12 CFR 1805.201(b)(6)): To be a Application decisions, and the CDFI in any Application. The CDFI Fund will Certified CDFI, an entity can neither be Fund must close the corresponding not consider any Applications that do a government entity nor be controlled Bonds and Bond Loans, prior to the end not meet the requirement that each by one or more governmental entities. of FY 2019 (September 30, 2019). entity must be properly registered before g. For the FY 2019 application round Accordingly, it is essential that CDFI the date of Application submission. Any of the CDFI Bond Guarantee Program, Certification Applications are submitted entity that needs to create a new only one Affiliate per Controlling CDFI timely and in complete form, with all account or update its current may participate as an Eligible CDFI. materials and information needed for registration must register for a user However, there may be more than one the CDFI Fund to make a certification account in SAM. The CDFI Fund does Affiliate participating as an Eligible decision. Information on CDFI not manage the SAM registration CDFI in any given Bond Issue. certification, the CDFI Certification process, so entities must contact SAM 3. Operating agreement: An operating Application, and application directly for issues related to registration. agreement between an Affiliate and its submission instructions may be found The CDFI Fund strongly encourages all Controlling CDFI, as described above, on the CDFI Fund’s website at applicants to ensure that their SAM must provide, in addition to the www.cdfifund.gov. registration (and the SAM registration elements set forth above, among other B. Application Submission. for their Program Administrators, items: (i) Conclusory evidence that the 1. Electronic submission. All Servicers and each Certified CDFI that is Controlling CDFI Controls the Affiliate, Qualified Issuer Applications and included in the Qualified Issuer through investment and/or ownership; Guarantee Applications must be Application or Guarantee Application) (ii) explanation of all roles, submitted electronically through the is updated and that their accounts have responsibilities and activities to be CDFI Fund’s internet-based portal, not expired. For information regarding performed by the Controlling CDFI which is assessed via the Awards SAM registration, please visit https:// including, but not limited to, Management Information System www.sam.gov. governance, financial management, loan (AMIS). Applications sent by mail, fax, 4. AMIS accounts. Each Qualified underwriting and origination, record- or other form will not be permitted, Issuer applicant, its proposed Program keeping, insurance, treasury services, except in circumstances that the CDFI Administrator, its proposed Servicer, human resources and staffing, legal Fund, in its sole discretion, deems and each Certified CDFI that is included counsel, dispositions, marketing, acceptable. Please note that in the Qualified Issuer Application or general administration, and financial Applications will not be accepted Guarantee Application must register reporting; (iii) compensation through Grants.gov. For more User and Organization accounts in arrangements; (iv) the term and information on AMIS, please visit the AMIS. Each such entity must be termination provisions; (v) AMIS Landing Page at https:// registered as an Organization and indemnification provisions, if amis.cdfifund.gov. register at least one User Account in applicable; (vi) management and 2. Applicant identifier numbers. AMIS. As AMIS is the CDFI Fund’s ownership provisions; and (vii) default Please note that, pursuant to Office of primary means of communication with and recourse provisions. Management and Budget (OMB) applicants with regard to its programs, 4. For more detailed information on guidance (68 FR 38402), each Qualified each such entity must make sure that it CDFI certification requirements, please Issuer applicant and Guarantee updates the contact information in its review the CDFI certification regulation applicant must provide, as part of its AMIS account before any Application is (12 CFR 1805.201, as revised on April Application, its Dun and Bradstreet Data submitted. For more information on 10, 2015) and CDFI Certification Universal Numbering System (DUNS) AMIS, please visit the AMIS Landing Application materials/guidance posted number, as well as DUNS numbers for Page at https://amis.cdfifund.gov. on the CDFI Fund’s website. Interested its proposed Program Administrator, its C. Form of Application. parties should note that there are proposed Servicer, and each Certified 1. As of the date of this NOGA, the specific regulations and requirements CDFI that is included in the Qualified Qualified Issuer Application, the that apply to Depository Institution Issuer Application and Guarantee Guarantee Application, and related Holding Companies, Insured Depository Application. In addition, each application guidance may be found on Institutions, Insured Credit Unions, and Application must include a valid and the CDFI Bond Guarantee Program’s State-Insured Credit Unions. current Employer Identification Number page on the CDFI Fund’s website at 5. Uncertified entities, including an (EIN), with a letter or other http://www.cdfifund.gov/bond. Affiliate of a Controlling CDFI, that wish documentation from the IRS confirming 2. Paperwork Reduction Act. Under to apply to be certified and designated the Qualified Issuer applicant’s EIN, as the Paperwork Reduction Act (44 U.S.C. as an Eligible CDFI in the FY 2019 well as EINs for its proposed Program chapter 35), an agency may not conduct application round of the CDFI Bond Administrator, its proposed Servicer, or sponsor a collection of information, Guarantee Program must submit a CDFI and each Certified CDFI that is included and an individual is not required to Certification Application to the CDFI in any Application. An Application that respond to a collection of information, Fund by 11:59 p.m. EST on December does not include such DUNS numbers, unless it displays a valid OMB control 3, 2018. Any CDFI Certification EINs, and documentation is incomplete number. Pursuant to the Paperwork Application received after such date and and will be rejected by the CDFI Fund. Reduction Act, the Qualified Issuer time, as well as incomplete applications Applicants should allow sufficient time Application, the Guarantee Application, that are not amended by the deadline, for the IRS and/or Dun and Bradstreet and the Secondary Loan Requirements

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have been assigned the following determine whether to modify the terms require a regulated applicant to improve control number: 1559–0044. and conditions of the Agreement to safety and soundness conditions prior to 3. Application deadlines. In order to Guarantee. This evaluation may result being approved as a Qualified Issuer or be considered for the issuance of a in a delay of the approval or denial of Eligible CDFI. In addition, the CDFI Guarantee under FY 2019 program a Guarantee Application. Fund will take into consideration authority, Qualified Issuer Applications D. Eligibility and completeness Community Reinvestment Act must be submitted by 11:59 p.m. EST on review. The CDFI Fund will review each assessments of Insured Depository February 19, 2019, and Guarantee Qualified Issuer and Guarantee Institutions and/or their Affiliates. Applications must be submitted by Application to determine whether it is F. Prior CDFI Fund recipients. All 11:59 p.m. EST on February 26, 2019. complete and the applicant meets applicants must be aware that success Qualified Issuer Applications and eligibility requirements described in the under any of the CDFI Fund’s programs Guarantee Applications received in FY Regulations, this NOGA, and the is not indicative of success under this 2018 that were neither withdrawn nor Applications. An incomplete Qualified NOGA. Prior CDFI Fund recipients declined will be considered under FY Issuer Application or Guarantee should note the following: 2019 authority. If applicable, CDFI Application, or one that does not meet 1. Pending resolution of Certification Applications must be eligibility requirements, will be rejected. noncompliance. If a Qualified Issuer received by the CDFI Fund by 11:59 If the CDFI Fund determines that applicant, its proposed Program p.m. EST on December 3, 2018. additional information is needed to Administrator, its proposed Servicer, or 4. Format. Detailed Qualified Issuer assess the Qualified Issuer’s and/or the any of the Certified CDFIs included in Application and Guarantee Application Certified CDFIs’ ability to participate in the Qualified Issuer Application or content requirements are found in the and comply with the requirements of Guarantee Application is a prior Applications and application guidance. the CDFI Bond Guarantee Program, the recipient or allocatee under any CDFI The CDFI Fund will read only CDFI Fund may require that the Fund program and (i) it has submitted information requested in the Qualified Issuer furnish additional, reports to the CDFI Fund that Application and reserves the right not to clarifying, confirming or supplemental demonstrate noncompliance with a read attachments or supplemental information. If the CDFI Fund requests previously executed agreement with the materials that have not been specifically such additional, clarifying, confirming CDFI Fund, and (ii) the CDFI Fund has requested in this NOGA, the Qualified or supplemental information, the yet to make a final determination as to Issuer, or the Guarantee Application. Qualified Issuer must provide it within whether the entity is noncompliant with Supplemental materials or attachments the timeframes requested by the CDFI its previously executed agreement, the such as letters of public support or other Fund. Until such information is CDFI Fund will consider the Qualified statements that are meant to bias or provided to the CDFI Fund, the Issuer Application or Guarantee influence the Application review Qualified Issuer Application and/or Application pending full resolution, in process will not be read. Guarantee Application will not be the sole determination of the CDFI 5. Application revisions. After moved forward for the substantive Fund, of the noncompliance. submitting a Qualified Issuer review process. The Guarantor shall 2. Previous findings of Application or a Guarantee Application, approve or deny a Guarantee noncompliance. If a Qualified Issuer the applicant will not be permitted to Application no later than 90 days after applicant, its proposed Program revise or modify the Application in any the date the Guarantee Application has Administrator, its proposed Servicer, or way unless authorized or requested by been advanced for substantive review. any of the Certified CDFIs included in the CDFI Fund. E. Regulated entities. In the case of the Qualified Issuer Application or 6. Material changes. Qualified Issuer applicants, proposed Guarantee Application is a prior a. In the event that there are material Program Administrators, proposed recipient or allocatee under any CDFI changes after the submission of a Servicers, and Certified CDFIs that are Fund program and the CDFI Fund has Qualified Issuer Application prior to the included in the Qualified Issuer made a final determination that the designation as a Qualified Issuer, the Application or Guarantee Application entity is noncompliant with a applicant must notify the CDFI Fund of that are Insured Depository Institutions previously executed agreement with the such material changes information in a and Insured Credit Unions, the CDFI CDFI Fund, but has not notified the timely and complete manner. The CDFI Fund will consider information entity that it is ineligible to apply for Fund will evaluate such material provided by, and views of, the future CDFI Fund program awards or changes, along with the Qualified Issuer Appropriate Federal Banking Agencies. allocations, the CDFI Fund will consider Application, to approve or deny the If any such entity is a CDFI bank the Qualified Issuer Application or designation of the Qualified Issuer. holding company, the CDFI Fund will Guarantee Application. However, it is b. In the event that there are material consider information provided by the strongly advised that the entity take changes after the submission of a Appropriate Federal Banking Agencies action to address such noncompliance Guarantee Application (including, but of the CDFI bank holding company and finding, as repeat findings of not limited to, a revision of the Capital its CDFI bank(s). Throughout the noncompliance may result in the CDFI Distribution Plan or a change in the Application review process, the CDFI Fund determining the entity ineligible Eligible CDFIs that are included in the Fund will consult with the Appropriate to participate in future CDFI Fund Application) prior to or after the Federal Banking Agency about the program rounds during the period of designation as a Qualified Issuer or applicant’s financial safety and review of the Application, the applicant approval of a Guarantee Application or soundness. If the Appropriate Federal and Applications may be deemed Guarantee, the applicant must notify the Banking Agency identifies safety and ineligible for further review. The CDFI CDFI Fund of such material changes soundness concerns, the CDFI Fund will Bond Guarantee Program staff cannot information in a timely and complete assess whether the concerns cause or resolve compliance matters; instead, manner. The Guarantor will evaluate will cause the applicant to be incapable please contact the CDFI Fund’s such material changes, along with the of undertaking activities related to the Certification, Compliance Monitoring, Guarantee Application, to approve or CDFI Bond Guarantee Program. The and Evaluation Unit (CCME) if your deny the Guarantee Application and/or CDFI Fund also reserves the right to organization has questions about its

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current compliance status or has been Program Administrator, its proposed Servicer, or any Certified CDFIs found not in compliance with a Servicer, and any Certified CDFI included in the Qualified Issuer previously executed agreement with the included in the Qualified Issuer Application or Guarantee Application CDFI Fund. Application, three to five calendar years that are prior CDFI Fund recipients are 3. Ineligibility due to noncompliance. prior to the end of the calendar year of advised to: (i) Comply with The CDFI Fund will not consider a the Qualified Issuer Application requirements specified in CDFI Fund Qualified Issuer Application or submission date are included. assistance, allocation, and/or award Guarantee Application if the applicant, Undisbursed awards cannot exceed agreement(s), and (ii) contact the CDFI its proposed Program Administrator, its five percent of the total includable Fund to ensure that all necessary proposed Servicer, or any of the awards for the Applicant’s BEA/CDFI/ actions are underway for the Certified CDFIs included in the NACA/CMF awards as of the date of disbursement or deobligation of any Qualified Issuer Application or submission of the Qualified Issuer outstanding balance of said prior Guarantee Application, is a prior Application. The calculation of award(s). Any such parties that are recipient or allocatee under any CDFI undisbursed award funds does not unsure about the disbursement status of Fund program and if, as of the date of include: (i) Tax credit allocation any prior award should contact the Qualified Issuer Application or authority made available through the CDFI Fund’s Senior Resource Manager Guarantee Application submission, (i) New Markets Tax Credit Program; (ii) via email at CDFI.disburseinquiries@ the CDFI Fund has made a any award made available through the cdfi.treas.gov. determination that such entity is CDFI Bond Guarantee Program; (iii) any All outstanding reports and noncompliant with a previously award funds for which the CDFI Fund compliance questions should be executed agreement and (ii) the CDFI received a full and complete directed to CCME staff by email at Fund has provided written notification disbursement request from the recipient [email protected] or by telephone at that such entity is ineligible to apply for by the date of submission of the (202) 653–0423. The CDFI Fund will any future CDFI Fund program awards Qualified Issuer Application; (iv) any respond to applicants’ reporting, or allocations. Such entities will be award funds for an award that has been compliance, or disbursement questions ineligible to submit a Qualified Issuer or terminated in writing by the CDFI Fund between the hours of 9:00 a.m. and 5:00 Guarantee Application, or be included or de-obligated by the CDFI Fund; or (v) p.m. ET, starting on the date of the in such submission, as the case may be, any award funds for an award that does publication of this NOGA. for such time period as specified by the not have a fully executed assistance or I. Evaluating prior award CDFI Fund in writing. award agreement. The CDFI Fund performance. In the case of a Qualified 4. Undisbursed award funds. The strongly encourages Qualified Issuer Issuer, a proposed Program CDFI Fund will not consider a Qualified applicants, proposed Program Administrator, a proposed Servicer, or Issuer Application or Guarantee Administrators, proposed Servicers, and Certified CDFI that has received awards Application, if the applicant, its any Certified CDFIs included in a from other Federal programs, the CDFI proposed Program Administrator, its Qualified Issuer Application that wish Fund reserves the right to contact proposed Servicer, its Affiliate, or any to request disbursements of undisbursed officials from the appropriate Federal Certified CDFI that is included in the funds from prior awards to provide the agency or agencies to determine Qualified Issuer Application or CDFI Fund with a complete whether the entity is in compliance Guarantee Application, is a recipient disbursement request at least 10 with current or prior award agreements, under any CDFI Fund program and has business days prior to the date of and to take such information into undisbursed award funds (as defined submission of a Qualified Issuer consideration before issuing a below) as of the Qualified Issuer Application. Guarantee. In the case of such an entity Application or Guarantee Application G. Review of Bond and Bond Loan that has previously received funding submission date. The CDFI Fund will documents. Each Qualified Issuer and through any CDFI Fund program, the include the combined undisbursed prior proposed Eligible CDFI will be required CDFI Fund will review the entity’s awards, as of the date of the Qualified to certify that its appropriate senior compliance history with the CDFI Fund, Issuer Application submission, of the management, and its respective legal including any history of providing late applicant, the proposed Program counsel, has read the Regulations (set reports, and consider such history in the Administrator, the proposed Servicer, forth at 12 CFR part 1808, as well as the context of organizational capacity and and any Certified CDFIs included in the CDFI certification regulations set forth the ability to meet future reporting application. at 12 CFR 1805.201, as amended, and requirements. For purposes of the calculation of the environmental quality regulations The CDFI Fund may also bar from undisbursed award funds for the Bank set forth at 12 CFR part 1815) and the consideration any such entity that has, Enterprise Award (BEA) Program, only template Bond Documents and Bond in any proceeding instituted against it awards made to the Qualified Issuer Loan documents posted on the CDFI in, by, or before any court, applicant, its proposed Program Fund’s website including, but not governmental, or administrative body or Administrator, its proposed Servicer, limited to, the following: Bond Trust agency, received a final determination and any Certified CDFI included in the Indenture, Supplemental Indenture, within the two years prior to the date of Qualified Issuer Application, three to Bond Loan Agreement, Promissory publication of this NOGA indicating five calendar years prior to the end of Note, Bond Purchase Agreement, that the entity has discriminated on the the calendar year of the Qualified Issuer Designation Notice, Secretary’s basis of race, color, national origin, Application submission date are Guarantee, Collateral Assignment, disability, age, marital status, receipt of included. For purposes of the Reimbursement Note, Opinion of Bond income from public assistance, religion, calculation of undisbursed award funds Counsel, Opinion of Counsel to the or sex, including, but not limited, to for the CDFI Program, the Native Borrower, Escrow Agreement, and discrimination under (i) Title VI of the American CDFI Assistance (NACA) Closing Checklist. Civil Rights Act of 1964 (Pub. L. 88– Program, and the Capital Magnet Fund H. Contact the CDFI Fund. A 352) which prohibits discrimination on (CMF), only awards made to the Qualified Issuer applicant, its proposed the basis of race, color or national Qualified Issuer applicant, its proposed Program Administrator, its proposed origin; (ii) Title IX of the Education

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Amendments of 1972, as amended (20 Issuer Application to be approved as a Applicant must currently meet the U.S.C. 1681–1683, 1685–1686), which Qualified Issuer under the CDFI Bond criteria established in the Regulations to prohibits discrimination on the basis of Guarantee Program. be deemed a Qualified Issuer. Qualified sex; (iii) Section 504 of the 1. Qualified Issuer. The Qualified Issuer Applications that are forward- Rehabilitation Act of 1973, as amended Issuer is a Certified CDFI, or an entity looking or speculate as to the eventual (29 U.S.C. 794), which prohibits designated by a Certified CDFI to issue acquisition of the required capabilities discrimination on the basis of Bonds on its behalf, that meets the and criteria are unlikely to be approved. handicaps; (iv) the Age Discrimination requirements of the Regulations and this Qualified Issuer Application processing Act of 1975, as amended (42 U.S.C. NOGA, and that has been approved by will be initiated in chronological order 6101–6107), which prohibits the CDFI Fund pursuant to review and by date of receipt; however, Qualified discrimination on the basis of age; (v) evaluation of its Qualified Issuer Issuer Applications that are incomplete the Drug Abuse Office and Treatment Application. The Qualified Issuer will, or require the CDFI Fund to request Act of 1972 (Pub. L. 92–255), as among other duties: (i) Organize the additional or clarifying information may amended, relating to nondiscrimination Eligible CDFIs that have designated it to delay the ability of the CDFI Fund to on the basis of drug abuse; (vi) the serve as their Qualified Issuer; (ii) deem the Qualified Issuer Application Comprehensive Alcohol Abuse and prepare and submit a complete and complete and move it to the next phase Alcoholism Prevention, Treatment and timely Qualified Issuer and Guarantee of review. Submitting a substantially Rehabilitation Act of 1970 (Pub. L. 91– Application to the CDFI Fund; (iii) if the incomplete application earlier than 616), as amended, relating to Qualified Issuer Application is other applicants does not ensure first nondiscrimination on the basis of approved by the CDFI Fund and the approval. alcohol abuse or alcoholism; (vii) Guarantee Application is approved by B. Qualified Issuer Application: Sections 523 and 527 of the Public the Guarantor, prepare the Bond Issue; Eligibility. Health Service Act of 1912 (42 U.S.C. (iv) manage all Bond Issue servicing, 1. CDFI certification requirements. 290 dd–3 and 290 ee–3), as amended, administration, and reporting functions; The Qualified Issuer applicant must be relating to confidentiality of alcohol and (v) make Bond Loans; (vi) oversee the a Certified CDFI or an entity designated drug abuse patient records; (viii) Title financing or refinancing of Secondary by a Certified CDFI to issue Bonds on VIII of the Civil Rights Act of 1968 (42 Loans; (vii) ensure compliance its behalf. U.S.C. 3601 et seq.), as amended, throughout the duration of the Bond 2. Designation and attestation by relating to nondiscrimination in the with all provisions of the Regulations, Certified CDFIs. An entity seeking to be sale, rental or financing of housing; (ix) and Bond Documents and Bond Loan approved by the CDFI Fund as a any other nondiscrimination provisions Documents entered into between the Qualified Issuer must be designated as in the specific statute(s) under which Guarantor, the Qualified Issuer, and the a Qualified Issuer by at least one Federal assistance is being made; and Eligible CDFI; and (viii) ensure that the Certified CDFI. A Qualified Issuer may (x) the requirements of any other Master Servicer/Trustee complies with not designate itself. The Qualified Issuer nondiscrimination statutes which may the Bond Trust Indenture and all other applicant will prepare and submit a apply to the CDFI Bond Guarantee applicable regulations. Further, the role complete and timely Qualified Issuer Program. of the Qualified Issuer also is to ensure Application to the CDFI Fund in J. Changes to review procedures. The that its proposed Eligible CDFI accordance with the requirements of the CDFI Fund reserves the right to change applicants possess adequate and well Regulations, this NOGA, and the its completeness, eligibility and performing assets to support the debt Application. A Certified CDFI must evaluation criteria, and procedures if service of the proposed Bond Loan. attest in the Qualified Issuer the CDFI Fund deems it appropriate. If 2. Qualified Issuer Application. The Application that it has designated the such changes materially affect the CDFI Qualified Issuer Application is the Qualified Issuer to act on its behalf and Fund’s decision to approve or deny a document that an entity seeking to serve that the information in the Qualified Qualified Issuer Application, the CDFI as a Qualified Issuer submits to the Issuer Application regarding it is true, Fund will provide information CDFI Fund to apply to be approved as accurate, and complete. regarding the changes through the CDFI a Qualified Issuer prior to consideration C. Substantive review and approval Fund’s website. of a Guarantee Application. process. K. Decisions are final. The CDFI 3. Qualified Issuer Application 1. Substantive review. Fund’s Qualified Issuer Application evaluation, general. Each Qualified a. If the CDFI Fund determines that decisions are final. The Guarantor’s Issuer Application will be evaluated by the Qualified Issuer Application is Guarantee Application decisions are the CDFI Fund and, if acceptable, the complete and eligible, the CDFI Fund final. There is no right to appeal the applicant will be approved as a will undertake a substantive review in decisions. Any applicant that is not Qualified Issuer, in the sole discretion accordance with the criteria and approved by the CDFI Fund or the of the CDFI Fund. The CDFI Fund’s procedures described in the Guarantor may submit a new Qualified Issuer Application review and Regulations, this NOGA, the Qualified Application and will be considered evaluation process is based on Issuer Application, and CDFI Bond based on the newly submitted established procedures, which may Guarantee Program policies. Application. Such newly submitted include interviews of applicants and/or b. As part of the substantive Applications will be reviewed along site visits to applicants conducted by evaluation process, the CDFI Fund with all other pending Applications in the CDFI Fund. Through the reserves the right to contact the the order in which they are received, or Application review process, the CDFI Qualified Issuer applicant (as well as its by such other criteria that the CDFI Fund will evaluate Qualified Issuer proposed Program Administrator, its Fund may establish, in its sole applicants on a merit basis and in a fair proposed Servicer, and each designating discretion. and consistent manner. Each Qualified Certified CDFI in the Qualified Issuer Issuer applicant will be reviewed on its Application) by telephone, email, mail, III. Qualified Issuer Application ability to successfully carry out the or through on-site visits for the purpose A. General. This NOGA invites responsibilities of a Qualified Issuer of obtaining additional, clarifying, interested parties to submit a Qualified throughout the life of the Bond. The confirming, or supplemental application

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information. The CDFI Fund reserves qualifications, or is otherwise qualified g. Financial strength. The Qualified the right to collect such additional, to serve as Program Administrator. The Issuer applicant must demonstrate the clarifying, confirming, or supplemental Qualified Issuer Application must strength of its financial capacity and information from said entities as it provide information that demonstrates activities including, among other items, deems appropriate. If contacted for that the Qualified Issuer’s Program financially sound business practices additional, clarifying, confirming, or Administrator has the expertise, relative to the industry norm for bond supplemental information, said entities capacity, experience, and qualifications issuers, as evidenced by reports of must respond within the time necessary to perform certain required Appropriate Federal Banking Agencies, parameters set by the CDFI Fund or the administrative duties (including, but not Appropriate State Agencies, or auditors. Qualified Issuer Application will be limited to, compliance monitoring and Such financially sound business rejected. reporting functions). practices will demonstrate: (i) The 2. Qualified Issuer criteria. In total, d. Strategic alignment. The Qualified financial wherewithal to perform there are more than 60 individual Issuer applicant will be evaluated on its activities related to the Bond Issue such criteria or sub-criteria used to evaluate strategic alignment with the CDFI Bond as administration and servicing; (ii) the a Qualified Issuer applicant and all Guarantee Program on factors that ability to originate, underwrite, close, materials provided in the Qualified include, but are not limited to: (i) Its and disburse loans in a prudent manner; Issuer Application will be used to mission’s strategic alignment with (iii) whether the applicant is depending evaluate the applicant. Qualified Issuer community and economic development on external funding sources and the determinations will be made based on objectives set forth in the Riegle Act at reliability of long-term access to such Qualified Issuer applicants’ experience 12 U.S.C. 4701; (ii) its strategy for funding; (iv) whether there are and expertise, in accordance with the deploying the entirety of funds that may foreseeable counterparty issues or credit following criteria: become available to the Qualified Issuer concerns that are likely to affect the a. Organizational capability. through the proposed Bond Issue; (iii) applicant’s financial stability; and (v) a i. The Qualified Issuer applicant must its experience providing up to 30-year budget that reflects reasonable demonstrate that it has the appropriate capital to CDFIs or other borrowers in assumptions about upfront costs as well expertise, capacity, experience, and Low-Income Areas or Underserved as ongoing expenses and revenues. qualifications to issue Bonds for Eligible Rural Areas as such terms are defined in h. Systems and information Purposes, or is otherwise qualified to the Regulations at 12 CFR 1808.102; (iv) technology. The Qualified Issuer serve as Qualified Issuer, as well as its track record of activities relevant to applicant must demonstrate that it (as manage the Bond Issue on the terms and its stated strategy; and (v) other factors well as its proposed Program conditions set forth in the Regulations, relevant to the Qualified Issuer’s Administrator and its proposed this NOGA, and the Bond Documents, strategic alignment with the program. Servicer) has, among other things: (i) A satisfactory to the CDFI Fund. e. Experience. The Qualified Issuer strong information technology capacity ii. The Qualified Issuer applicant applicant will be evaluated on factors and the ability to manage loan servicing, must demonstrate that it has the that demonstrate that it has previous administration, management, and appropriate expertise, capacity, experience: (i) Performing the duties of document retention; (ii) appropriate experience, and qualifications to a Qualified Issuer including issuing office infrastructure and related originate, underwrite, service and bonds, loan servicing, program technology to carry out the CDFI Bond monitor Bond Loans for Eligible administration, underwriting, financial Guarantee Program activities; and (iii) Purposes, targeted to Low-Income Areas reporting, and loan administration; (ii) sufficient backup and disaster recovery and Underserved Rural Areas. lending in Low-Income Areas and systems to maintain uninterrupted iii. The Qualified Issuer applicant Underserved Rural Areas; and (iii) business operations. must demonstrate that it has the indicating that the Qualified Issuer’s i. Pricing structure. The Qualified appropriate expertise, capacity, current principals and team members Issuer applicant must provide its experience, and qualifications to have successfully performed the proposed pricing structure for manage the disbursement process set required duties, and that previous performing the duties of Qualified forth in the Regulations at 12 CFR experience is applicable to the current Issuer, including the pricing for the 1808.302 and 1808.307. principals and team members. roles of Program Administrator and b. Servicer. The Qualified Issuer f. Management and staffing. The Servicer. Although the pricing structure applicant must demonstrate that it has Qualified Issuer applicant must and fees shall be decided by negotiation (either directly or contractually through demonstrate that it has sufficiently between market participants without another designated entity) the strong management and staffing interference or approval by the CDFI appropriate expertise, capacity, capacity to undertake the duties of Fund, the CDFI Fund will evaluate experience, and qualifications, or is Qualified Issuer. The applicant must whether the Qualified Issuer applicant’s otherwise qualified to serve as Servicer. also demonstrate that its proposed proposed pricing structure is feasible to The Qualified Issuer Application must Program Administrator and its proposed carry out the responsibilities of a provide information that demonstrates Servicer have sufficiently strong Qualified Issuer over the life of the that the Qualified Issuer’s Servicer has management and staffing capacity to Bond and sound implementation of the the expertise, capacity, experience, and undertake their respective requirements program. qualifications necessary to perform under the CDFI Bond Guarantee j. Other criteria. The Qualified Issuer certain required administrative duties Program. Strong management and applicant must meet such other criteria (including, but not limited to, Bond staffing capacity is evidenced by factors as may be required by the CDFI Fund, Loan servicing functions). that include, but are not limited to: (i) as set forth in the Qualified Issuer c. Program Administrator. The A sound track record of delivering on Application or required by the CDFI Qualified Issuer applicant must past performance; (ii) a documented Fund in its sole discretion, for the demonstrate that it has (either directly succession plan; (iii) organizational purposes of evaluating the merits of a or contractually through another stability including staff retention; and Qualified Issuer Application. The CDFI designated entity) the appropriate (iv) a clearly articulated, reasonable, and Fund may request an on-site review of expertise, capacity, experience, and well-documented staffing plan. Qualified Issuer applicant to confirm

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materials provided in the written Guarantee under the CDFI Bond B. Guarantee Application: Eligibility. application, as well as to gather Guarantee Program. 1. Eligibility; CDFI certification additional due diligence information. 1. Guarantee Application. requirements. If approved for a The on-site reviews are a critical a. The Guarantee Application is the Guarantee, each Eligible CDFI must be component of the application review application document that a Qualified a Certified CDFI as of the Bond Issue process and will generally be conducted Issuer (in collaboration with the Eligible Date and must maintain its respective for all applicants not regulated by an CDFI(s) that seek to be included in the CDFI certification throughout the term Appropriate Federal Banking Agency or proposed Bond Issue) must submit to of the corresponding Bond. For more Appropriate State Agency. The CDFI the CDFI Fund in order to apply for a information on CDFI Certification and Fund reserves the right to conduct a site Guarantee. The Qualified Issuer shall the certification of affiliated entities, visit of regulated entities, in its sole provide all required information in its including the deadlines for submission discretion. Guarantee Application to establish that of certification applications, see part II k. Third-party data sources. The CDFI it meets all criteria set forth in the of this NOGA. Fund, in its sole discretion, may Regulations at 12 CFR 1808.501 and this 2. Qualified Issuer as Eligible CDFI. A consider information from third-party NOGA and can carry out all CDFI Bond Qualified Issuer may not participate as sources including, but not limited to, Guarantee Program requirements an Eligible CDFI within its own Bond periodicals or publications, publicly including, but not limited to, Issue, but may participate as an Eligible available data sources, or subscriptions information that demonstrates that the CDFI in a Bond Issue managed by services for additional information Qualified Issuer has the appropriate another Qualified Issuer. about the Qualified Issuer applicant, the expertise, capacity, and experience and 3. Attestation by proposed Eligible proposed Program Administrator, the is qualified to make, administer and CDFIs. Each proposed Eligible CDFI proposed Servicer, and each Certified service Bond Loans for Eligible must attest in the Guarantee Application CDFI that is included in the Qualified Purposes. that it has designated the Qualified Issuer Application. Any additional b. The Guarantee Application Issuer to act on its behalf and that the information received from such third- comprises a Capital Distribution Plan information pertaining to the Eligible party sources will be reviewed and and at least one Secondary Capital CDFI in the Guarantee Application is evaluated through a systematic and Distribution Plan, as well as all other true, accurate and complete. Each formalized process. requirements set forth in this NOGA or proposed Eligible CDFI must also attest D. Notification of Qualified Issuer as may be required by the Guarantor and in the Guarantee Application that it will determination. Each Qualified Issuer the CDFI Fund in their sole discretion, use Bond Loan proceeds for Eligible applicant will be informed of the CDFI for the evaluation and selection of Purposes and that Secondary Loans will Fund’s decision in writing, by email Guarantee applicants. be financed or refinanced in accordance using the addresses maintained in the 2. Guarantee Application evaluation, with the applicable Secondary Loan entity’s AMIS account. The CDFI Fund general. The Guarantee Application Requirements. will not notify the proposed Program review and evaluation process will be C. Guarantee Application: Administrator, the proposed Servicer, or based on established standard Preparation. When preparing the the Certified CDFIs included in the procedures, which may include Guarantee Application, the Eligible Qualified Issuer Application of its interviews of applicants and/or site CDFIs and Qualified Issuer must decision regarding the Qualified Issuer visits to applicants conducted by the collaborate to determine the Application; such contacts are the CDFI Fund. Through the Application composition and characteristics of the responsibility of the Qualified Issuer review process, the CDFI Fund will Bond Issue, ensuring compliance with applicant. evaluate Guarantee applicants on a the Act, the Regulations, and this E. Qualified Issuer Application merit basis and in a fair and consistent NOGA. The Qualified Issuer is rejection. In addition to substantive manner. Each Guarantee applicant will responsible for the collection, reasons based on the merits of its be reviewed on its ability to successfully preparation, verification, and review, the CDFI Fund reserves the right implement and carry out the activities submission of the Eligible CDFI to reject a Qualified Issuer Application proposed in its Guarantee Application information that is presented in the if information (including administrative throughout the life of the Bond. Eligible Guarantee Application. The Qualified errors) comes to the attention of the CDFIs must currently meet the criteria Issuer will submit the Guarantee CDFI Fund that adversely affects an established in the Regulations to Application for the proposed Bond applicant’s eligibility, adversely affects participate in the CDFI Bond Guarantee Issue, including any information the CDFI Fund’s evaluation of a Program. Guarantee Applications that provided by the proposed Eligible Qualified Issuer Application, or are forward-looking or speculate as to CDFIs. In addition, the Qualified Issuer indicates fraud or mismanagement on the eventual acquisition of the required will serve as the primary point of the part of a Qualified Issuer applicant capabilities and criteria by the Eligible contact with the CDFI Fund during the or its proposed Program Administrator, CDFI(s) are unlikely to be approved. Guarantee Application review and its proposed Servicer, and any Certified Guarantee Application processing will evaluation process. CDFI included in the Qualified Issuer be initiated in chronological order by D. Review and approval process. Application. If the CDFI Fund date of receipt; however, Guarantee 1. Substantive review. determines that any portion of the Applications that are incomplete or a. If the CDFI Fund determines that Qualified Issuer Application is incorrect require the CDFI Fund to request the Guarantee Application is complete in any material respect, the CDFI Fund additional or clarifying information may and eligible, the CDFI Fund will reserves the right, in its sole discretion, delay the ability of the CDFI Fund to undertake a substantive review in to reject the Application. deem the Guarantee Application accordance with the criteria and complete and move it to the next phase procedures described in the Regulations IV. Guarantee Applications of review. Submitting a substantially at 12 CFR 1808.501, this NOGA, and the A. General. This NOGA invites incomplete application earlier than Guarantee Application. The substantive Qualified Issuers to submit a Guarantee other applicants does not ensure first review of the Guarantee Application Application to be approved for a approval. will include due diligence,

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underwriting, credit risk review, and Bond Guarantee Program, unless it any Credit Enhancements, terms and Federal credit subsidy calculation, in receives significant third-party support, specific conditions such as renewal order to determine the feasibility and support from a Controlling CDFI, or options, and any limiting conditions or risk of the proposed Bond Issue, as well Credit Enhancements. revocability by the provider of the as the strength and capacity of the b. The Capital Distribution Plan must Credit Enhancement. For any third- Qualified Issuer and each proposed demonstrate the Qualified Issuer’s party providing a Credit Enhancement, Eligible CDFI. Each proposed Eligible comprehensive plan for lending, the Qualified Issuer must provide the CDFI will be evaluated independently of disbursing, servicing and monitoring following information on the third- the other proposed Eligible CDFIs each Bond Loan in the Bond Issue. It party: Most recent three years of audited within the proposed Bond Issue; includes, among other information, the financial statements, a brief analysis of however, the Bond Issue must then following components: the such entity’s creditworthiness, and cumulatively meet all requirements for i. Statement of Proposed Sources and an executed letter of intent from such Guarantee approval. In general, Uses of Funds: Pursuant to the entity that indicates the terms and applicants are advised that proposed requirements set forth in the conditions of the Credit Enhancement. Bond Issues that include a large number Regulations at 12 CFR1808.102(bb) and Any Credit Enhancement must be of proposed Eligible CDFIs are likely to 1808.301, the Qualified Issuer must pledged, as part of the Trust Estate, to substantially increase the review period. provide: (A) A description of the overall the Master Servicer/Trustee for the b. As part of the substantive review plan for the Bond Issue; (B) a benefit of the Federal Financing Bank; process, the CDFI Fund may contact the description of the proposed uses of v. Proposed Term Sheets: For each Qualified Issuer (as well as the proposed Bond Proceeds and proposed sources of Eligible CDFI that is part of the Eligible CDFIs included in the funds to repay principal and interest on proposed Bond Issue, the Qualified Guarantee Application) by telephone, the proposed Bond and Bond Loans; (C) Issuer must submit a proposed Term email, mail, or through an on-site visit a certification that 100 percent of the Sheet using the template provided on for the sole purpose of obtaining principal amount of the proposed Bond the CDFI Fund’s website. The proposed additional, clarifying, confirming, or will be used to make Bond Loans for Term Sheet must clearly state all supplemental application information. Eligible Purposes on the Bond Issue relevant and critical terms of the The CDFI Fund reserves the right to Date; and (D) description of the extent proposed Bond Loan including, but not collect such additional, clarifying, to which the proposed Bond Loans will limited to: Any requested prepayment confirming or supplemental information serve Low-Income Areas or Underserved provisions, unique conditions as it deems appropriate. If contacted for Rural Areas; precedent, proposed covenants and additional, clarifying, confirming, or ii. Bond Issue Qualified Issuer cash exact amounts/percentages for supplemental information, said entities flow model: The Qualified Issuer must determining the Eligible CDFI’s ability must respond within the time provide a cash flow model displaying to meet program requirements, and parameters set by the CDFI Fund or the the orderly repayment of the Bond and terms and exact language describing any Guarantee Application will be rejected. the Bond Loans according to their Credit Enhancements. Terms may be 2. Guarantee Application criteria. respective terms. The cash flow model either altered and/or negotiated by the a. In general, a Guarantee Application shall include disbursement and CDFI Fund in its sole discretion, based will be evaluated based on the strength repayment of Bonds, Bond Loans, and on the proposed structure in the and feasibility of the proposed Bond Secondary Loans. The cash flow model application, to ensure that adequate Issue, as well as the creditworthiness shall match the aggregated cash flows protection is in place for the Guarantor; and performance of the Qualified Issuer from the Secondary Capital Distribution vi. Secondary Capital Distribution and the proposed Eligible CDFIs. Plans of each of the underlying Eligible Plan(s): Each proposed Eligible CDFI Guarantee Applications must CDFIs in the Bond Issue pool. Such must provide a comprehensive plan for demonstrate that each proposed Eligible information must describe the expected financing, disbursing, servicing and CDFI has the capacity for its respective distribution of asset classes to which monitoring Secondary Loans, address Bond Loan to be a secured, general each Eligible CDFI expects to disburse how each proposed Secondary Loan recourse obligation of the proposed funds, the proposed disbursement will meet Eligible Purposes, and address Eligible CDFI and to deploy the Bond schedule, quarterly or semi-annual such other requirements listed below Loan proceeds within the required amortization schedules, interest-only that may be required by the Guarantor disbursement timeframe as described in periods, maturity date of each advance and the CDFI Fund. For each proposed the Regulations. Unless receiving of funds, and assumed net interest Eligible CDFI relying, for CDFI significant third-party support, support margin on Secondary Loans above the certification purposes, on the financing from a Controlling CDFI, or Credit assumed Bond Loan rate; entity activity of a Controlling CDFI, the Enhancements, Eligible CDFIs should iii. Organizational capacity: If not Controlling CDFI must describe how the not request Bond Loans greater than submitted concurrently, the Qualified Eligible CDFI and the Controlling CDFI, their current total asset size or which Issuer must attest that no material together, will meet the requirements would otherwise significantly impair changes have occurred since the time listed below: their net asset or net equity position. In that it submitted the Qualified Issuer (A) Narrative and Statement of general, an applicant requesting a Bond Application; Proposed Sources and Uses of Funds: Loan more than 50 percent of its total iv. Credit Enhancement (if Each Eligible CDFI will: (1) Provide a asset size should be prepared to clearly applicable): The Qualified Issuer must description of proposed uses of funds, demonstrate that it has a reasonable provide information about the adequacy including the extent to which Bond plan to scale its operations prudently of proposed risk mitigation provisions Loans will serve Low-Income Areas or and in a manner that does not impair its designed to protect the financial Underserved Rural Areas, and the extent net asset or net equity position. Further, interests of the Federal Government, to which Bond Loan proceeds will be an entity with a limited operating either directly or indirectly through used (i) to make the first monthly history or a history of operating losses supporting the financial strength of the installment of a Bond Loan payment, (ii) is unlikely to meet the strength and Bond Issue. This includes, but is not pay Issuance Fees up to one percent of feasibility requirements of the CDFI limited to, the amount and quality of the Bond Loan, and

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(iii) finance Loan Loss Reserves if available; (9) strategic plan or related c. The CDFI Fund will use the related to Secondary Loans; (2) attest progress reports; and (10) a discussion information described in the Capital that 100 percent of Bond Loan proceeds of the management and information Distribution Plan and Secondary Capital designated for Secondary Loans will be systems used by the Eligible CDFI; Distribution Plan(s) to evaluate the used to finance or refinance Secondary (D) Policies and procedures: Each feasibility of the proposed Bond Issue, Loans that meet Secondary Loan Eligible CDFI must provide relevant with specific attention paid to each Requirements; (3) describe a plan for policies and procedures including, but Eligible CDFI’s financial strength and financing, disbursing, servicing, and not limited to: A copy of the asset- organizational capacity. For each monitoring Secondary Loans; (4) liability matching policy, if applicable; proposed Eligible CDFI relying, for CDFI indicate the expected asset classes to and loan policies and procedures which certification purposes, on the financing which it will lend under the Secondary address topics including, but not entity activity of a Controlling CDFI, the Loan Requirements; (5) indicate limited to: Origination, underwriting, CDFI Fund will pay specific attention to examples of previous lending and years credit approval, interest rates, closing, the Controlling CDFI’s financial strength of experience lending to a specific asset documentation, asset management, and and organizational capacity as well as class, especially with regards to the portfolio monitoring, risk-rating the operating agreement between the number and dollar volume of loans definitions, charge-offs, and loan loss proposed Eligible CDFI and the made in the five years prior to reserve methodology; Controlling CDFI. All materials application submission to the specific (E) Financial statements: Each Eligible provided in the Guarantee Application asset classes to which an Eligible CDFI CDFI must provide information about will be used to evaluate the proposed is proposing to lend Bond Loan the Eligible CDFI’s current and future Bond Issue. In total, there are more than proceeds; (6) provide a table detailing financial position, including but not 100 individual criteria or sub-criteria specific uses and timing of limited to: (1) Audited financial used to evaluate each Eligible CDFI. disbursements, including terms and statements for the prior three (3) most Specific criteria used to evaluate each relending plans if applicable; and (7) a recent Fiscal Years; (2) current year-to- Eligible CDFI shall include, but not be community impact analysis, including date or interim financial statement for limited to, the following criteria below. how the proposed Secondary Loans will the immediately prior quarter end of the For each proposed Eligible CDFI relying, address financing needs that the private Fiscal Year; (3) a copy of the current for CDFI certification purposes, on the market is not adequately serving and year’s approved budget or projected financing entity activity of a Controlling specific community benefit metrics; budget if the entity’s Board has not yet CDFI, the following specific criteria will (B) Eligible CDFI cash flow model: approved such budget; and (4) a three also be used to evaluate both the Each Eligible CDFI must provide a cash (3) year pro forma projection of the proposed Eligible CDFI and the flow model of the proposed Bond Loan statement of financial position or Controlling CDFI: which: (1) Matches each Eligible CDFI’s balance sheet, statement of activities or i. Historical financial ratios: Ratios portion of the Qualified Issuer’s cash income statement, and statement of cash which together have been shown to be flow model; and (2) tracks the flow of flows in the standardized template predictive of possible future default will funds through the term of the Bond provided by the CDFI Fund; be used as an initial screening tool, Issue and demonstrates disbursement (F) Loan portfolio information: Each including total asset size, net asset or and repayment of the Bond Loan, Eligible CDFI must provide information Tier 1 Core Capital ratio, self-sufficiency Secondary Loans, and any utilization of including, but not limited to: (1) Loan ratio, non-performing asset ratio, the Relending Fund, if applicable. Such portfolio quality report; (2) pipeline liquidity ratio, reserve over information must describe: The report; (3) portfolio listing; (4) a nonperforming assets, and yield cost expected distribution of asset classes to description of other loan assets under spread; which each Eligible CDFI expects to management; (5) loan products; (6) ii. Quantitative and qualitative disburse funds, the proposed independent loan review report; (7) attributes under the ‘‘CAMEL’’ disbursement schedule, quarterly or impact report case studies; and (8) a framework: After initial screening, the semi-annual amortization schedules, loan portfolio by risk rating and loan CDFI Fund will utilize a more detailed interest-only periods, maturity date of loss reserves; and analysis under the ‘‘CAMEL’’ each advance of funds, and the assumed (G) Funding sources and financial framework, including but not limited to: net interest margin on Secondary Loans activity information: Each Eligible CDFI (A) Capital Adequacy: Attributes such above the assumed Bond Loan rate; must provide information including, but as the debt-to-equity ratio, status, and (C) Organizational capacity: Each not limited to: (1) Current grant significance of off-balance sheet Eligible CDFI must provide information; (2) funding projections; (3) liabilities or contingencies, magnitude, documentation indicating the ability of credit enhancements; (4) historical and consistency of cash flow the Eligible CDFI to manage its Bond investor renewal rates; (5) covenant performance, exposure to affiliates for Loan including, but not limited to: (1) compliance; (6) off-balance sheet financial and operating support, trends Organizational ownership and a chart of contingencies; (7) earned revenues; and in changes to capitalization, and other affiliates; (2) organizational documents, (8) debt capital statistics. relevant attributes; including policies and procedures vii. Assurances and certifications that (B) Asset Quality: Attributes such as related to loan underwriting and asset not less than 100 percent of the the charge-off ratio, adequacy of loan management; (3) management or principal amount of Bonds will be used loss reserves, sector concentration, operating agreement, if applicable; (4) to make Bond Loans for Eligible borrower concentration, asset an analysis by management of its ability Purposes beginning on the Bond Issue composition, security and to manage the funding, monitoring, and Date, and that Secondary Loans shall be collateralization of the loan portfolio, collection of loans being contemplated made as set forth in subsection trends in changes to asset quality, and with the proceeds of the Bond Loan; (5) 1808.307(b); and other relevant attributes; information about its board of directors; viii. Such other information that the (C) Management: Attributes such as (6) a governance narrative; (7) Guarantor, the CDFI Fund and/or the documented best practices in description of senior management and Bond Purchaser may deem necessary governance, strategic planning and employee base; (8) independent reports, and appropriate. board involvement, robust policies and

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procedures, tenured and experienced provided in the written application, as Guarantor’s approval or disapproval of a management team, organizational well as to gather additional due Guarantee Application. Bond stability, infrastructure and information diligence information. The on-site Documents and Bond Loan documents technology systems, and other relevant reviews are a critical component of the must be executed, and Guarantees will attributes; application review process and will be provided, in the order in which (D) Earnings and Performance: generally be conducted for all Guarantee Applications are approved or Attributes such as net operating applicants not regulated by an by such other criteria that the CDFI margins, deployment of funds, self- Appropriate Federal Banking Agency or Fund may establish, in its sole sufficiency, trends in earnings, and Appropriate State Agency. The CDFI discretion, and in any event by other relevant attributes; Fund reserves the right to conduct a site September 30, 2019. (E) Liquidity: Attributes such as visit of regulated entities, in its sole 4. Please note that the most recently unrestricted cash and cash equivalents, discretion. dated templates of Bond Documents and ability to access credit facilities, access (D) Secondary Loan Asset Classes: Bond Loan documents that are posted to grant funding, covenant compliance, Eligible CDFIs that propose to use funds on the CDFI Fund’s website will not be affiliate relationships, concentration of for new products or lines of business substantially revised or negotiated prior funding sources, trends in liquidity, and must demonstrate that they have the to closing of the Bond and Bond Loan other relevant attributes; organizational capacity to manage such and issuance of the corresponding iii. Projected performance and other activities in a prudent manner. Failure Guarantee. If a Qualified Issuer or a relevant criteria: The CDFI Fund will to demonstrate such organizational proposed Eligible CDFI does not stress test each Eligible CDFI’s projected capacity may be factored into the understand the terms and conditions of financial performance under scenarios consideration of Asset Quality or the Bond Documents or Bond Loan that are specific to the unique Management criteria as listed above in documents (including those listed in circumstance and attributes of the this section. Section II.G., above), it should ask organization. 3. Credit subsidy cost. The credit questions or seek technical assistance Additionally, the CDFI Fund will subsidy cost is the net present value of from the CDFI Fund. However, if a consider other relevant criteria that have the estimated long- term cost of the Qualified Issuer or a proposed Eligible not been adequately captured in the Guarantee to the Federal Government as CDFI disagrees or is uncomfortable with preceding steps as part of the due determined under the applicable any term/condition, or if legal counsel diligence process. Such criteria may provisions of the Federal Credit Reform to either cannot provide a legal opinion include, but not be limited to, the size Act of 1990, as amended (FCRA). in substantially the same form and and quality of any third-party Credit Treasury has not received appropriated content of the required legal opinion, it Enhancements or other forms of credit amounts from Congress to cover the should not apply for a Guarantee. support. credit subsidy costs associated with the 5. The Guarantee shall not be effective (A) Overcollateralization: The Guarantees issued pursuant to this until the Guarantor signs and delivers commitment by an Eligible CDFI to over NOGA. In accordance with FCRA, the Guarantee. collateralize a proposed Bond Loan with Treasury must consult with, and obtain F. Guarantee denial. The Guarantor, excess Secondary Loans is a criterion the approval of, OMB for Treasury’s in the Guarantor’s sole discretion, may that may affect the viability of a calculation of the credit subsidy cost of deny a Guarantee, after consideration of Guarantee Application by decreasing each Guarantee prior to entering into the recommendation from the Credit the estimated net present value of the any Agreement to Guarantee. Review Board and/or based on the long-term cost of the Guarantee to the E. Guarantee Approval; Execution of merits of the Guarantee Application. In Federal Government, by decreasing the Documents. addition, the Guarantor reserves the probability of default, and/or increasing 1. The Guarantor, in the Guarantor’s right to deny a Guarantee Application if the recovery rate in the event of default. sole discretion, may approve a information (including any An Eligible CDFI committing to Guarantee, after consideration of the administrative error) comes to the overcollateralization may not be recommendation from the CDFI Bond Guarantor’s attention that adversely required to deposit funds in the Guarantee Program’s Credit Review affects the Qualified Issuer’s eligibility, Relending Account, subject to the Board and/or based on the merits of the adversely affects the evaluation or maintenance of certain unique Guarantee Application. The Guarantor scoring of an Application, or indicates requirements that are detailed in the shall approve or deny a Guarantee fraud or mismanagement on the part of template Agreement to Guarantee and Application no later than 90 days after the Qualified Issuer, Program Bond Loan Agreement. the date the Guarantee Application was Administrator, Servicer, and/or Eligible (B) Credit Enhancements: The advanced for substantive review. CDFIs. provision of third-party Credit 2. The Guarantor reserves the right to Further, if the Guarantor determines Enhancements, including any Credit approve Guarantees, in whole or in part, that any portion of the Guarantee Enhancement from a Controlling CDFI in response to any, all, or none of the Application is incorrect in any material or any other affiliated entity, is a Guarantee Applications submitted in respect, the Guarantor reserves the right, criterion that may affect the viability of response to this NOGA. The Guarantor in the Guarantor’s sole discretion, to a Guarantee Application by decreasing also reserves the right to approve any deny the Application. the estimated net present value of the Guarantees in an amount that is less long-term cost of the Guarantee to the than requested in the corresponding V. Guarantee Administration Federal Government. Credit Guarantee Application. Pursuant to the A. Pricing information. Bond Loans Enhancements are considered in the Regulations at 12 CFR 1808.504(c), the will be priced based upon the context of the structure and Guarantor may limit the number of underlying Bond issued by the circumstances of each Guarantee Guarantees made per year to ensure that Qualified Issuer and purchased by the Application. a sufficient examination of Guarantee Federal Financing Bank (FFB or Bond (C) On-Site Review: The CDFI Fund Applications is conducted. Purchaser). The FFB will set the may request an on-site review of an 3. The CDFI Fund will notify the liquidity premium at the time of the Eligible CDFI to confirm materials Qualified Issuer in writing of the Bond Issue Date, based on the duration

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and maturity of the Bonds according to B. Fees and other payments. The penalties or discounts, and Credit the FFB’s lending policies following table includes some of the Enhancements. The table is not (www.treasury.gov/ffb). Liquidity fees that may be applicable to Qualified exhaustive; additional fees payable to premiums will be charged in increments Issuers and Eligible CDFIs after approval the CDFI Fund or other parties may of 1/8th of a percent (i.e., 12.5 basis of a Guarantee of a Bond Issue, as well apply. points). as Risk-Share Pool funding, prepayment

Fee Description

Agency Administrative Fee .. Payable annually to the CDFI Fund by the Qualified Issuer. Equal to 10 basis points on the amount of the unpaid principal of the Bond Issue. Bond Issuance Fees ...... Amounts paid by an Eligible CDFI for reasonable and appropriate expenses, administrative costs, and fees for services in connection with the issuance of the Bond (but not including the Agency Administrative Fee) and the making of the Bond Loan. Fees negotiated between the Qualified Issuer, the Master Servicer/Trustee, and the Eligible CDFI. Up of 1% of Bond Loan Proceeds may be used to finance Bond Issuance Fees. Servicer Fee ...... The fees paid by the Eligible CDFI to the Qualified Issuer’s Servicer. Servicer fees are negotiated between the Qualified Issuer and the Eligible CDFI. Program Administrator Fee .. The fees paid by the Eligible CDFI to the Qualified Issuer’s Program Administrator. Program Administrator fees are negotiated between the Qualified Issuer and the Eligible CDFI. Master Servicer/Trustee Fee The fees paid by the Qualified Issuer and the Eligible CDFI to the Master Servicer/Trustee to carry out the responsibilities of the Bond Trust Indenture. In general, the Master Servicer/Trustee fee for a Bond Issue with a single Eligible CDFI is the greater of 16 basis points per annum or $10,000 per month once the Bond Loans are fully disbursed. Fees for Bond Issues with more than one Eligible CDFI are negotiated between the Master Servicer/Trustee, Qualified Issuer, and Eligible CDFI. Any special servicing costs and resolution or liquidation fees due to a Bond Loan default are the responsibility of the Eligible CDFI. Please see the template legal documents at https://www.cdfifund.gov/programs-training/Programs/cdfi-bond/Pages/closing-disbursement- step.aspx#step4 for more specific information. https://www.cdfifund.gov/programs-training/Programs/cdfi-bond/ Pages/closing-disbursement-step.aspx#step4 for more specific information. Risk-Share Pool Funding ..... The funds paid by the Eligible CDFIs to cover Risk-Share Pool requirements; capitalized by pro rata payments equal to 3% of the amount disbursed on the Bond Loan from all Eligible CDFIs within the Bond Issue. Prepayment Penalties or Prepayment penalties or discounts may be determined by the FFB at the time of prepayment. Discounts. Credit Enhancements ...... Pledges made to enhance the quality of a Bond and/or Bond Loan. Credit Enhancements include, but are not limited to, the Principal Loss Collateral Provision and letters of credit. Credit Enhancements must be pledged, as part of the Trust Estate, to the Master Servicer/Trustee for the benefit of the Federal Financing Bank.

C. Terms for Bond Issuance and class and are subject to a Secondary Loan maturity date. It is the expectation disbursement of Bond Proceeds. In Loan commitment process managed by of the CDFI Fund that interest rates for accordance with 12 CFR 1808.302(f), the Qualified Issuer. the Secondary Loans will be reasonable each year, beginning on the one year Eligible CDFIs must execute based on the borrower and loan anniversary of the Bond Issue Date (and Secondary Loan documents (in the form characteristics. every year thereafter for the term of the of promissory notes) with Secondary E. Secondary Loan Collateral Bond Issue), each Qualified Issuer must Borrowers as follows: (i) No later than Requirements. demonstrate that no less than 100 12 months after the Bond Issue Date, 1. The Regulations state that percent of the principal amount of the Secondary Loan documents Secondary Loans must be secured by a Guaranteed Bonds currently disbursed representing at least 50 percent of the first lien of the Eligible CDFI on pledged and outstanding has been used to make Bond Loan proceeds allocated for collateral, in accordance with the loans to Eligible CDFIs for Eligible Secondary Loans, and (ii) no later than Regulations (at 12 CFR 1808.307(f)) and Purposes. If a Qualified Issuer fails to 24 months after the Bond Issue Date, within certain parameters. Examples of demonstrate this requirement within the Secondary Loan documents acceptable forms of collateral may 90 days after the anniversary of the representing 100 percent of the Bond include, but are not limited to: Real Bond Issue Date, the Qualified Issuer Loan proceeds allocated for Secondary property (including land and must repay on that portion of Bonds Loans. In the event that the Eligible structures), leasehold mortgages, necessary to bring the Bonds that CDFI does not comply with the machinery, equipment and movables, remain outstanding after such foregoing requirements of clauses (i) or cash and cash equivalents, accounts repayment is in compliance with the (ii) of this paragraph, the available Bond receivable, letters of credit, inventory, 100 percent requirement above. Loan proceeds at the end of the fixtures, contracted revenue streams D. Secondary Loan Requirements. In applicable period shall be reduced by an from non-Federal counterparties, accordance with the Regulations, amount equal to the difference between provided the Secondary Borrower Eligible CDFIs must finance or refinance the amount required by clauses (i) or (ii) pledges all assets, rights and interests Secondary Loans for Eligible Purposes for the applicable period minus the necessary to generate such revenue (not including loan loss reserves) that amount previously committed to the stream, and a Principal Loss Collateral comply with Secondary Loan Secondary Loans in the applicable Provision. Intangible assets, such as Requirements. The Secondary Loan period. Secondary Loans shall carry customer relationships, intellectual Requirements are found on the CDFI loan maturities suitable to the loan property rights, and to-be-constructed Fund’s website at www.cdfifund.gov. purpose and be consistent with loan-to- real estate improvements, are not Applicants should become familiar with value requirements set forth in the acceptable forms of collateral. the published Secondary Loan Secondary Loan Requirements. 2. The Regulations require that Bond Requirements. Secondary Loan Secondary Loan maturities shall not Loans must be secured by a first lien on Requirements are classified by asset exceed the corresponding Bond or Bond a collateral assignment of Secondary

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Loans, and further that the Secondary financial resources that enhance the H. Reporting Requirements. Loans must be secured by a first lien or Eligible CDFI’s ability to make timely 1. Reports. parity lien on acceptable collateral. interest and principal payments under a. General. As required pursuant to 3. Valuation of the collateral pledged the Bond Loan. the Regulations at 12 CFR 1808.619, and by the Secondary Borrower must be 3. As distinct from Credit as set forth in the Bond Documents and based on the Eligible CDFI’s credit Enhancements, Principal Loss Collateral the Bond Loan documents, the CDFI policy guidelines and must conform to Provisions may be provided in lieu of Fund will collect information from each the standards set forth in the Uniform pledged collateral and/or in addition to Qualified Issuer which may include, but Standards of Professional Appraisal pledged collateral. A Principal Loss will not be limited to: Practice (USPAP) and the Secondary Collateral Provision shall be in the form (i) Quarterly and annual financial Loan Requirements. of cash or cash equivalent guarantees reports and data (including an OMB 4. Independent third-party appraisals from non-Federal capital in amounts single audit, as applicable) for the are required for the following collateral: necessary to secure the Eligible CDFI’s purpose of monitoring the financial Real estate, leasehold interests, fixtures, obligations under the Bond Loan after health, ratios and covenants of Eligible machinery and equipment, movables exercising other remedies for default. CDFIs that include asset quality stock valued in excess of $250,000, and For example, a Principal Loss Collateral (nonperforming assets, loan loss contracted revenue stream from non- Provision may include a deficiency reserves, and net charge-off ratios), Federal creditworthy counterparties. guarantee whereby another entity liquidity (current ratio, working capital, Secondary Loan collateral shall be assumes liability after other default and operating liquidity ratio), solvency valued using the cost approach, net of remedies have been exercised, and (capital ratio, self-sufficiency, fixed depreciation and shall be required for covers the deficiency incurred by the charge, leverage, and debt service the following: Accounts receivable, creditor. The Principal Loss Collateral coverage ratios); (ii) annual reports as to machinery, equipment and movables, Provision shall, at a minimum, provide the compliance of the Qualified Issuer and fixtures. for the provision of cash or cash and Eligible CDFIs with the Regulations F. Qualified Issuer approval of Bond equivalents in an amount that is not less and specific requirements of the Bond Loans to Eligible CDFIs. The Qualified than the difference between the value of Documents and Bond Loan documents; Issuer shall not approve any Bond Loans the collateral and the amount of the (iii) monthly reports on uses of Bond to an Eligible CDFI where the Qualified accelerated Bond Loan outstanding. Loan proceeds and Secondary Loan Issuer has actual knowledge, based 4. In all cases, acceptable Credit proceeds; (iv) Master Servicer/Trustee upon reasonable inquiry, that within the Enhancements or Principal Loss summary of program accounts and past five (5) years the Eligible CDFI: (i) Collateral Provisions shall be proffered transactions for each Bond Issue; (v) Has been delinquent on any payment by creditworthy providers and shall Secondary Loan certifications obligation (except upon a demonstration provide information about the adequacy describing Eligible CDFI lending, by the Qualified Issuer satisfactory to of the facility in protecting the financial collateral valuation, and eligibility; (vi) the CDFI Fund that the delinquency interests of the Federal Government, financial data on Secondary Loans to does not affect the Eligible CDFI’s either directly or indirectly through monitor underlying collateral, gauge creditworthiness), or has defaulted and supporting the financial strength of the overall risk exposure across asset failed to cure any other obligation, on a Bond Issue. This includes, but is not classes, and assess loan performance, loan or loan agreement previously made limited to, the amount and quality of quality, and payment history; (vii) under the Act; (ii) has been found by the any Credit Enhancements, the financial annual certifications of compliance with Qualified Issuer to be in default of any strength of the provider of the Credit program requirements; (viii) material repayment obligation under any Federal Enhancement, the terms, specific event disclosures including any reports program; (iii) is financially insolvent in conditions such as renewal options, and of Eligible CDFI management and/or either the legal or equitable sense; or (iv) any limiting conditions or revocability organizational changes; (ix) annual is not able to demonstrate that it has the by the provider of the Credit updates to the Capital Distribution Plan capacity to comply fully with the Enhancement. (as described below); (x) supplements payment schedule established by the 5. For Secondary Loans benefitting and/or clarifications to correct reporting Qualified Issuer. from a Principal Loss Collateral errors (as applicable); (xi) project level G. Credit Enhancements; Principal Provision (e.g., a deficiency guarantee), reports to understand overall program Loss Collateral Provision. the entity providing the Principal Loss impact and the manner in which Bond 1. In order to achieve the statutory Collateral Provision must be Proceeds are deployed for Eligible zero-credit subsidy constraint of the underwritten based on the same criteria Community or Economic Development CDFI Bond Guarantee Program and to as if the Secondary Loan were being Purposes; and (xii) such other avoid a call on the Guarantee, Eligible made directly to that entity with the information that the CDFI Fund and/or CDFIs are encouraged to include Credit exception that the guarantee need not be the Bond Purchaser may require, Enhancements and Principal Loss collateralized. including but not limited to racial and Collateral Provisions structured to 6. If the Principal Loss Collateral ethnic data showing the extent to which protect the financial interests of the Provision is provided by a financial members of minority groups are Federal Government. Any Credit institution that is regulated by an beneficiaries of the CDFI Bond Enhancement or Principal Loss Appropriate Federal Banking Agency or Guarantee Program, to the extent Collateral Provision must be pledged, as an Appropriate State Agency, the permissible by law. part of the Trust Estate, to the Master guaranteeing institution must b. Additional reporting by Qualified Servicer/Trustee for the benefit of the demonstrate performance of financially Issuers. A Qualified Issuer receiving a Federal Financing Bank. sound business practices relative to the Guarantee shall submit annual updates 2. Credit Enhancements may include, industry norm for providers of collateral to the approved Capital Distribution but are not limited to, payment enhancements as evidenced by reports Plan, including an updated Proposed guarantees from third parties or of Appropriate Federal Banking Sources and Uses of Funds for each Affiliate(s), non-Federal capital, lines or Agencies, Appropriate State Agencies, Eligible CDFI, noting any deviation from letters of credit, or other pledges of and auditors, as appropriate. the original baseline with regards to

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both timing and allocation of funding to those listed in subparagraph 1(a) Fund in proactively managing portfolio among Secondary Loan asset classes. above. risks and performance. The Annual The Qualified Issuer shall also submit a e. Detailed information on specific Assessment criteria for Qualified Issuers narrative, no more than five (5) pages in reporting requirements and the format, and Eligible CDFIs is available on the length for each Eligible CDFI, describing frequency, and methods by which this CDFI Fund’s website. the Eligible CDFI’s capacity to manage information will be transmitted to the i. The CDFI Fund reserves the right, its Bond Loan. The narrative shall CDFI Fund will be provided to in its sole discretion, to modify its address any Notification of Material Qualified Issuers, Program reporting requirements if it determines Events and relevant information Administrators, Servicers, and Eligible it to be appropriate and necessary; concerning the Eligible CDFI’s CDFIs through the Bond Loan however, such reporting requirements management information systems, Agreement, correspondence, and will be modified only after notice to personnel, executive leadership or webinar trainings, and/or scheduled Qualified Issuers. Additional board members, as well as financial outreach sessions. information about reporting capacity. The narrative shall also f. Reporting requirements will be requirements pursuant to this NOGA, describe how such changes affect the enforced through the Agreement to the Bond Documents and the Bond Loan Eligible CDFI’s ability to generate Guarantee and the Bond Loan documents will be subject to the impacts in Low-Income or Underserved Agreement, and will contain a valid Paperwork Reduction Act, as applicable. Rural Areas. OMB control number pursuant to the 2. Accounting. c. Change of Secondary Loan asset Paperwork Reduction Act, as applicable. classes. Any Eligible CDFI seeking to g. Each Qualified Issuer will be a. In general, the CDFI Fund will expand the allowable Secondary Loan responsible for the timely and complete require each Qualified Issuer and asset classes beyond what was approved submission of the annual reporting Eligible CDFI to account for and track by the CDFI Bond Guarantee Program’s documents, including such information the use of Bond Proceeds and Bond Credit Review Board or make other that must be provided by other entities Loan proceeds. This means that for deviations that could potentially result such as Eligible CDFIs, Secondary every dollar of Bond Proceeds received in a modification, as that term is defined Borrowers or Credit Enhancement from the Bond Purchaser, the Qualified in OMB Circulars A–11 and A–129, providers. If such other entities are Issuer is required to inform the CDFI must receive approval from the CDFI required to provide annual report Fund of its uses, including Bond Loan Fund before the Eligible CDFI can begin information or documentation, or other proceeds. This will require Qualified to enact the proposed changes. The documentation that the CDFI Fund may Issuers and Eligible CDFIs to establish CDFI Fund will consider whether the require, the Qualified Issuer will be separate administrative and accounting Eligible CDFI possesses or has acquired responsible for ensuring that the controls, subject to the applicable OMB the appropriate systems, personnel, information is submitted timely and Circulars. leadership, and financial capacity to complete. Notwithstanding the b. The CDFI Fund will provide implement the revised Capital foregoing, the CDFI Fund reserves the guidance to Qualified Issuers outlining Distribution Plan. The CDFI Fund will right to contact such entities and require the format and content of the also consider whether these changes that additional information and information that is to be provided on an assist the Eligible CDFI in generating documentation be provided directly to annual basis, outlining and describing impacts in Low-Income or Underserved the CDFI Fund. how the Bond Proceeds and Bond Loan Rural Areas. Such changes will be h. Annual Assessments. Each proceeds were used. reviewed by the CDFI Bond Guarantee Qualified Issuer and Eligible CDFI will VI. Agency Contacts Program and presented to the Credit be required to have an independent Review Board for approval, and third-party conduct an Annual A. General information on questions appropriate consultation will be made Assessment of its Bond Loan portfolio. and CDFI Fund support. The CDFI Fund with OMB to ensure compliance with The Annual Assessment is intended to will respond to questions and provide OMB Circulars A–11 and A–129, prior support the CDFI Fund’s annual support concerning this NOGA, the to notifying the Eligible CDFI if such monitoring of the Bond Loan portfolio Qualified Issuer Application and the changes are acceptable under the terms and to collect financial health, internal Guarantee Application between the of the Bond Loan Agreement. An control, investment impact hours of 9:00 a.m. and 5:00 p.m. ET, Eligible CDFI may request such an measurement methodology information starting with the date of the publication update to its Capital Distribution Plan related to the Eligible CDFIs. This of this NOGA. The final date to submit prior to Bond Issue Closing, and assessment is consistent with the questions is February 12, 2019. thereafter may only request such an program’s requirements for Compliance Applications and other information update once per the Eligible CDFI’s Management and Monitoring (CMM) regarding the CDFI Fund and its fiscal year. and Portfolio Management and Loan programs may be obtained from the d. Reporting by Affiliates and Monitoring (PMLM), and will be CDFI Fund’s website at http:// Controlling CDFIs. In the case of an required pursuant to the Bond www.cdfifund.gov. The CDFI Fund will Eligible CDFI relying, for CDFI Documents and the Bond Loan post on its website responses to certification purposes, on the financing documents. The assessment will also questions of general applicability entity activity of a Controlling CDFI, the add to the Department of the Treasury’s regarding the CDFI Bond Guarantee CDFI Fund will require that the Affiliate review and impact analysis on the use Program. and Controlling CDFI provide certain of Bond Loan proceeds in underserved B. The CDFI Fund’s contact joint reports, including but not limited communities and support the CDFI information is as follows:

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TABLE 2—CONTACT INFORMATION

Telephone number Type of question (not toll free) Email addresses

CDFI Bond Guarantee Program ...... (202) 653–0421 ...... [email protected]. Option 5 ...... CDFI Certification ...... (202) 653–0423 ...... [email protected]. Compliance Monitoring and Evaluation ...... (202) 653–0423 ...... [email protected]. Information Technology Support ...... (202) 653–0422 ...... [email protected].

C. Communication with the CDFI SUMMARY: The OCC, as part of its for this collection 1 by any of the Fund. The CDFI Fund will use the AMIS continuing effort to reduce paperwork following methods: internet interface to communicate with and respondent burden, invites the • Viewing Comments Electronically: applicants, Qualified Issuers, Program general public and other federal Go to www.reginfo.gov. Click on the Administrators, Servicers, Certified agencies to take this opportunity to ‘‘Information Collection Review’’ tab. CDFIs and Eligible CDFIs, using the comment on a continuing information Underneath the ‘‘Currently under contact information maintained in their collection as required by the Paperwork Review’’ section heading, from the drop- respective AMIS accounts. Therefore, Reduction Act of 1995 (PRA). down menu, select ‘‘Department of each such entity must maintain accurate In accordance with the requirements Treasury’’ and then click ‘‘submit’’. This contact information (including contact of the PRA, the OCC may not conduct information collection can be located by person and authorized representative, or sponsor, and respondents are not searching by OMB control number email addresses, fax numbers, phone required to respond to, an information ‘‘1557–0251’’ or ‘‘Margin and Capital numbers, and office addresses) in its collection unless it displays a currently Requirements for Covered Swap respective AMIS account. For more valid Office of Management and Budget Entities.’’ Upon finding the appropriate information about AMIS, please see the (OMB) control number. The OCC is information collection, click on the AMIS Landing Page at https:// soliciting comment concerning the related ‘‘ICR Reference Number.’’ On the amis.cdfifund.gov. renewal of its information collection next screen, select ‘‘View Supporting titled ‘‘Margin and Capital VII. Information Sessions and Outreach Statement and Other Documents’’ and Requirements for Covered Swap then click on the link to any comment The CDFI Fund may conduct Entities.’’ listed at the bottom of the screen. webcasts, webinars, or information • DATES: Comments must be received by For assistance in navigating sessions for organizations that are January 7, 2019. www.reginfo.gov, please contact the considering applying to, or are Regulatory Information Service Center interested in learning about, the CDFI ADDRESSES: Commenters are encouraged to submit comments by email, if at (202) 482–7340. Bond Guarantee Program. The CDFI • Viewing Comments Personally: You Fund intends to provide targeted possible. You may submit comments by any of the following methods: may personally inspect comments at the outreach to both Qualified Issuer and • OCC, 400 7th Street SW, Washington, Eligible CDFI participants to clarify the Email: [email protected]. • Mail: Legislative and Regulatory DC. For security reasons, the OCC roles and requirements under the CDFI Activities Division, Office of the requires that visitors make an Bond Guarantee Program. For further Comptroller of the Currency, Attention: appointment to inspect comments. You information, please visit the CDFI 1557–0251, 400 7th Street SW, Suite may do so by calling (202) 649–6700 or, Fund’s website at http:// 3E–218, Washington, DC 20219. for persons who are deaf or hearing www.cdfifund.gov. • Hand Delivery/Courier: 400 7th impaired, TTY, (202) 649–5597. Upon Authority: Pub. L. 111–240; 12 U.S.C. Street SW, Suite 3E–218, Washington, arrival, visitors will be required to 4701, et seq.; 12 CFR part 1808; 12 CFR part DC 20219. present valid government-issued photo 1805; 12 CFR part 1815. • Fax: (571) 465–4326. identification and submit to security Mary Ann Donovan, Instructions: You must include screening in order to inspect comments. Director, Community Development Financial ‘‘OCC’’ as the agency name and ‘‘1557– FOR FURTHER INFORMATION CONTACT: Institutions Fund. 0251’’ in your comment. In general, the Shaquita Merritt, Clearance Officer, [FR Doc. 2018–24273 Filed 11–5–18; 8:45 am] OCC will publish your comment on (202) 649–5490 or, for persons who are BILLING CODE 4810–70–P www.reginfo.gov without change, deaf or hearing impaired, TTY, (202) including any business or personal 649–5597, Chief Counsel’s Office, Office information that you provide, such as of the Comptroller of the Currency, 400 DEPARTMENT OF THE TREASURY name and address information, email 7th Street SW, Washington, DC 20219. addresses, or phone numbers. SUPPLEMENTARY INFORMATION: Under the Office of the Comptroller of the Comments received, including PRA (44 U.S.C. 3501–3520), federal Currency attachments and other supporting agencies must obtain approval from the materials, are part of the public record Agency Information Collection OMB for each collection of information and subject to public disclosure. Do not they conduct or sponsor. ‘‘Collection of Activities; Information Collection include any information in your Renewal; Comment Request; Margin information’’ is defined in 44 U.S.C. comment or supporting materials that 3502(3) and 5 CFR 1320.3(c) to include and Capital Requirements for Covered you consider confidential or Swap Entities Agency requests or requirements that inappropriate for public disclosure. members of the public submit reports, AGENCY: Office of the Comptroller of the You may review comments and other related materials that pertain to this Currency (OCC), Treasury. 1 Following the close of the 60-day comment information collection beginning on the ACTION: Notice and request for comment. period for this notice, the OCC will publish a notice date of publication of the second notice for 30 days of comment for this collection.

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keep records, or provide information to ‘‘other counterparties’’ like commercial pursuit of formal dispute resolution a third party. Section 3506(c)(2)(A) of end-users with a provision that grants mechanisms, or has otherwise title 44 (44 U.S.C. 3506(c)(2)(A)) an exception from the margin demonstrated upon request to the requires federal agencies to provide a requirements for certain swaps with satisfaction of the agency that it has 60-day notice in the Federal Register these and certain additional made appropriate efforts to collect or concerning each proposed collection of counterparties. In addition, swap post the required margin. information, including each proposed entities could continue with the current Section 45.7 generally requires a extension of an existing collection of practice of collecting initial or variation covered swap entity to ensure that any information, before submitting the margin at such times and in such forms initial margin collateral that it collects collection to OMB for approval. To and amounts (if any) as the covered or posts is held at a third-party comply with this requirement, the OCC swap entity determines appropriate custodian. Section 45.7(c) requires the is publishing notice of the renewal of consistent with its overall credit risk custodian to act pursuant to a custody the collection of information set forth in management of its exposures to ‘‘other agreement that: (1) Prohibits the this document. counterparties.’’ custodian from rehypothecating, Title: Margin and Capital repledging, reusing, or otherwise Requirements for Covered Swap Section by Section Analysis transferring (through securities lending, Entities. The reporting requirements found in securities borrowing, repurchase OMB Control No.: 1557–0251 12 CFR 45.1(d) refer to other statutory agreement, reverse repurchase (Merging in 1557–0335). provisions that set forth conditions for agreement or other means) the collateral Description: Title VII of the Dodd- an exemption from clearing. Section held by the custodian, except that cash Frank Wall Street Reform and Consumer 45.1(d)(1) provides an exemption for collateral may be held in a general Protection Act (Dodd-Frank Act) non-cleared swaps if one of the deposit account with the custodian if established a comprehensive regulatory counterparties to the swap is not a the funds in the account are used to framework for derivatives, which are financial entity, is using swaps to hedge purchase an asset held in compliance generally characterized as swaps and or mitigate commercial risk, and notifies with § 45.7, and such purchase takes security-based swaps. Sections 731 and the Commodity Futures Trading place within a time period reasonably 764 of the Dodd-Frank Act require the Commission of how it generally meets necessary to consummate such purchase registration and regulation of swap its financial obligations associated with after the cash collateral is posted as dealers and major swap participants and entering into non-cleared swaps. initial margin and (2) is a legal, valid, security-based swap dealers and major Section 45.1(d)(2) provides an binding, and enforceable agreement security-based swap participants, exemption for security-based swaps if under the laws of all relevant respectively (collectively, ‘‘swap the counterparty notifies the Securities jurisdictions, including in the event of entities’’). For certain types of swap and Exchange Commission (SEC) of how bankruptcy, insolvency, or a similar entities that are prudentially regulated it generally meets its financial proceeding. A custody agreement may by one of the Agencies,2 sections 731 obligations associated with entering into permit the posting party to substitute or and 764 of the Dodd-Frank Act required non-cleared security-based swaps. direct any reinvestment of posted the Agencies to jointly adopt rules for Section 45.2 defines terms used in collateral held by the custodian under swap entities under their respective part 45, including the definition of certain conditions. With respect to jurisdictions imposing capital ‘‘eligible master netting agreement,’’ collateral collected by a covered swap requirements and initial and variation which provides that a covered swap entity pursuant to § 45.3(a) or posted by margin requirements on all non-cleared entity that relies on the agreement for a covered swap entity pursuant to swaps. Swap entities that are purpose of calculating the required § 45.3(b), the agreement must require prudentially regulated by the Agencies margin must: (1) Conduct sufficient the posting party to substitute only and therefore subject to the proposed legal review of the agreement to funds or other property that would rule are referred to herein as ‘‘covered conclude with a well-founded basis that qualify as eligible collateral under § 45.6 swap entities.’’ the agreement meets specified criteria; and for which the amount net of Section 302 of the Terrorism Risk and (2) establish and maintain written applicable discounts described in Insurance Program Reauthorization Act procedures for monitoring relevant Appendix B would be sufficient to meet of 2015 (TRIPRA),3 amended sections changes in law and to ensure that the the requirements of § 45.3 and direct 731 and 764 of the Dodd-Frank Act to agreement continues to satisfy the reinvestment of funds only in assets that provide that the initial and variation requirements of this section. The term would qualify as eligible collateral margin requirements do not apply to ‘‘eligible master netting agreement’’ is under § 45.6. certain transactions with specified used elsewhere in part 45 to specify Section 45.8 establishes standards for counterparties that qualify for an instances in which a covered swap the use of initial margin models. These exemption or exception from clearing. entity may: (1) Calculate variation standards include: (1) A requirement Non-cleared swaps and non-cleared margin on an aggregate basis across that the covered swap entity receive security-based swaps that are exempt multiple non-cleared swaps and prior approval from the relevant Agency under section 302 of TRIPRA are not security-based swaps and (2) calculate based on demonstration that the initial subject to the Agencies’ rules initial margin requirements under an margin model meets specific implementing margin requirements. initial margin model for one or more requirements (§§ 45.8(c)(1) and TRIPRA augmented provisions that swaps and security-based swaps. 45.8(c)(2)); (2) a requirement that a would allow swap entities to collect no Section 45.5(c)(2)(i) specifies that a covered swap entity notify the relevant initial or variation margin from certain covered swap entity shall not be Agency in writing 60 days before deemed to have violated its obligation to extending use of the model to additional 2 The Office of the Comptroller of the Currency, collect or post margin from or to a product types, making certain changes the Board of Governors of the Federal Reserve counterparty if the covered swap entity to the initial margin model, or making System, the Federal Deposit Insurance Corporation, the Federal Housing Finance Agency, and the Farm has made the necessary efforts to collect material changes to modeling Credit Administration. or post the required margin, including assumptions (§ 45.8(c)(3)); and (3) a 3 Pubic Law 114–1, 129 Stat. 3 (2015). the timely initiation and continued variety of quantitative requirements,

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including requirements that the covered demonstrable analysis and approval rules, and inputs for determining the swap entity validate and demonstrate (§ 45.8(h)). value of each non-cleared swap or non- the reasonableness of its process for Section 45.9 addresses the treatment cleared security-based swap for modeling and measuring hedging of cross-border transactions and, in purposes of calculating variation margin benefits, demonstrate to the satisfaction certain limited situations, will permit a requirements and the procedures for of the relevant Agency that the omission covered swap entity to comply with a resolving any disputes concerning of any risk factor from the calculation of foreign regulatory framework for non- valuation. its initial margin is appropriate, cleared swaps (as a substitute for Section 45.11(b)(1) provides that the demonstrate to the satisfaction of the compliance with the prudential requirement for a covered swap entity to relevant Agency that incorporation of regulators’ rule) if the prudential post initial margin under § 45.3(b) does any proxy or approximation used to regulators jointly determine that the not apply with respect to any non- capture the risks of the covered swap foreign regulatory framework is cleared swap or non-cleared security- entity’s non-cleared swaps or non- comparable to the requirements in the based swap with a counterparty that is cleared security-based swaps is prudential regulators’ rule. Section an affiliate. A covered swap entity shall appropriate, periodically review and, as 45.9(e) allows a covered swap entity to calculate the amount of initial margin necessary, revise the data used to request that the prudential regulators that would be required to be posted to calibrate the initial margin model to make a substituted compliance an affiliate that is a financial end user ensure that the data incorporate an determination and must provide the with material swaps exposure pursuant appropriate period of significant reasons therefore and other required to § 45.3(b) and provide documentation financial stress (§§ 45.8(d)(5), supporting documentation. A request of such amount to each affiliate on a 45.8(d)(10), 45.8(d)(11), 45.8(d)(12), and for a substituted compliance daily basis. 45.8(d)(13)). Also, if the validation determination must include: (1) A Type of Review: Extension of a process reveals any material problems description of the scope and objectives currently approved collection. of the foreign regulatory framework for with the initial margin model, the Affected Public: Individuals; non-cleared swaps and non-cleared covered swap entity must promptly Businesses or other for-profit. notify the Agency of the problems, security-based swaps; (2) the specific provisions of the foreign regulatory Frequency of Response: On occasion. describe to the Agency any remedial Estimated Number of Respondents: actions being taken, and adjust the framework for non-cleared swaps and security-based swaps (scope of 10. initial margin model to ensure an Estimated Total Annual Burden: appropriately conservative amount of transactions covered; determination of the amount of initial and variation 17,390 hours. required initial margin is being Comments submitted in response to calculated (§ 45.8(f)(3)). margin required; timing of margin requirements; documentation this notice will be summarized and Section 45.8 also establishes requirements; forms of eligible included in the submission to OMB. requirements for the ongoing review and collateral; segregation and re- Comments are requested on: documentation of initial margin models. hypothecation requirements; and (a) Whether the information These standards include: (1) A approval process and standards for collections are necessary for the proper requirement that a covered swap entity models); (3) the supervisory compliance performance of the OCC’s functions, review its initial margin model annually program and enforcement authority including whether the information has (§ 45.8(e)); (2) a requirement that the exercised by a foreign financial practical utility; covered swap entity validate its initial regulatory authority or authorities in (b) The accuracy of the OCC’s margin model at the outset and on an such system to support its oversight of estimates of the burden of the ongoing basis, describe to the relevant the application of the non-cleared swap information collections, including the Agency any remedial actions being and security-based swap regulatory validity of the methodology and taken, and report internal audit findings framework; and (4) any other assumptions used; regarding the effectiveness of the initial descriptions and documentation that the (c) Ways to enhance the quality, margin model to the covered swap prudential regulators determine are utility, and clarity of the information to entity’s board of directors or a appropriate. A covered swap entity may be collected; committee thereof (§§ 45.8(f)(2), make a request under this section only (d) Ways to minimize the burden of 45.8(f)(3), and 45.8(f)(4)); (3) a if directly supervised by the authorities information collections on respondents, requirement that the covered swap administering the foreign regulatory including through the use of automated entity adequately document all material framework for non-cleared swaps and collection techniques or other forms of aspects of its initial margin model non-cleared security-based swaps. information technology; and (§ 45.8(g)); and (4) that the covered swap Section 45.10 requires a covered swap (e) Estimates of capital or start-up entity must adequately document entity to execute trading documentation costs and costs of operation, internal authorization procedures, with each counterparty that is either a maintenance, and purchase of services including escalation procedures, that swap entity or financial end user to provide information. require review and approval of any regarding credit support arrangements change to the initial margin calculation that: (1) Provides the contractual right to Dated: October 31, 2018. under the initial margin model, collect and post initial margin and Theodore J. Dowd, demonstrable analysis that any basis for variation margin in such amounts, in Deputy Chief Counsel, Office of the any such change is consistent with the such form, and under such Comptroller of the Currency. requirements of this section, and circumstances as are required and (2) [FR Doc. 2018–24209 Filed 11–5–18; 8:45 am] independent review of such specifies the methods, procedures, BILLING CODE 4810–33–P

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Reader Aids Federal Register Vol. 83, No. 215 Tuesday, November 6, 2018

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING NOVEMBER

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 15 CFR Presidential Documents 3 CFR 740...... 55099 Executive orders and proclamations 741–6000 Executive Orders: 742...... 55099 The United States Government Manual 741–6000 13850...... 55243 744...... 55099 Other Services Administrative Orders: 772...... 55099 Notice: 774...... 55099 Electronic and on-line services (voice) 741–6020 Notice of October 31, Privacy Act Compilation 741–6050 2018 ...... 55239 17 CFR Presidential 232...... 55264 ELECTRONIC RESEARCH Determinations: 240...... 55486 No. 2019–01 of World Wide Web October 4, 2018 ...... 55091 20 CFR Proclamations: Full text of the daily Federal Register, CFR and other publications Proposed Rules: 9814...... 55453 620...... 55311 is located at: www.govinfo.gov. 9815...... 55455 Federal Register information and research tools, including Public 9816...... 55457 21 CFR Inspection List and electronic text are located at: 9817...... 55459 73...... 54869 www.federalregister.gov. 9818...... 55461 101...... 55266 9819...... 55463 862 (2 documents) ...... 54873, E-mail 54875 5 CFR FEDREGTOC (Daily Federal Register Table of Contents Electronic Proposed Rules: Mailing List) is an open e-mail service that provides subscribers Ch. CI ...... 54861 15...... 55318 with a digital form of the Federal Register Table of Contents. The Ch. XIV ...... 54862 101...... 55323 digital form of the Federal Register Table of Contents includes 112...... 54888 HTML and PDF links to the full text of each document. 7 CFR 179...... 54891 To join or leave, go to https://public.govdelivery.com/accounts/ 1728...... 55465 807...... 54891 USGPOOFR/subscriber/new, enter your email address, then Proposed Rules: 1002...... 54891 follow the instructions to join, leave, or manage your 987...... 55111 1010...... 54891 subscription. 1040...... 54891 10 CFR PENS (Public Law Electronic Notification Service) is an e-mail 23 CFR Proposed Rules: service that notifies subscribers of recently enacted laws. 170...... 55113 625...... 54876 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 171...... 55113 25 CFR and select Join or leave the list (or change settings); then follow 430...... 54883 the instructions. 431...... 54883 23...... 55267 FEDREGTOC and PENS are mailing lists only. We cannot 12 CFR 26 CFR respond to specific inquiries. 652...... 55093 Proposed Rules: Reference questions. Send questions and comments about the 700...... 55467 1...... 55324 Federal Register system to: [email protected] 701...... 55467 29 CFR The Federal Register staff cannot interpret specific documents or 702...... 55467 Proposed Rules: regulations. 703...... 55467 Ch. I ...... 55329 713...... 55467 FEDERAL REGISTER PAGES AND DATE, NOVEMBER 723...... 55467 31 CFR 747...... 55467 App. A to Ch.V ...... 55269 54861–55092...... 1 Proposed Rules: 560...... 55269 55093–55246...... 2 1281...... 55114 55247–55452...... 5 32 CFR 13 CFR 55453–55600...... 6 Proposed Rules: 120...... 55478 111...... 55329 14 CFR 33 CFR 25...... 55247 100...... 55271 39 ...... 55249, 55252, 55255, 117...... 55099, 55100 55258 164...... 55272 71...... 54864, 55479 165 ...... 55101, 55282, 55284, 91...... 55263 55488 Proposed Rules: Proposed Rules: 39 ...... 55294, 55297, 55299, 165...... 55332 55303, 55496, 55498, 55502 71 ...... 55306, 55308, 55310 37 CFR 93...... 55133, 55134 1...... 55102

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Proposed Rules: 42 CFR 45 CFR 52...... 54901 Ch. III ...... 55334 Proposed Rules: Proposed Rules: 38 CFR 422...... 54982 1148...... 55504 50 CFR 4...... 54881 423...... 54982 46 CFR 622 ...... 55107, 55292, 55293 438...... 54982 635...... 55108 40 CFR 35...... 55272 482...... 55105 679...... 54881, 55109 484...... 55105 47 CFR 180...... 55491 Proposed Rules: 282...... 55286 485...... 55105 20...... 55106 17...... 55341 Proposed Rules: 498...... 54982 253...... 55137 52...... 55335, 55338 48 CFR Proposed Rules: 648...... 54903 282...... 55340 10...... 55135 Proposed Rules: 770...... 54892 16...... 54901

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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 November 5, 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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