Vol. 83 Thursday, No. 51 March 15, 2018

Pages 11395–11632

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 83, No. 51

Thursday, March 15, 2018

Agency for International Development Civil Rights Commission NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals, 11488 Alaska Advisory Committee, 11499–11500 Maryland Advisory Committee, 11500 Agriculture Department Coast Guard See Animal and Plant Health Inspection Service RULES See Forest Service Drawbridge Operations: See Rural Utilities Service NOTICES Narrow Bay, Suffolk County, NY, 11415 Agency Information Collection Activities; Proposals, New Jersey Intracoastal Waterway, Beach Thorofare, Submissions, and Approvals, 11488–11489 Margate City, NJ, 11415–11416 Privacy Act; New System of Records, 11489–11492 Commerce Department See Foreign-Trade Zones Board Animal and Plant Health Inspection Service See International Trade Administration RULES See National Oceanic and Atmospheric Administration Imports: Campanula spp. Plants for Planting in Approved Growing Commodity Futures Trading Commission Media from Denmark into the United States, 11395– NOTICES 11397 Requests for Nominations: NOTICES Market Risk Advisory Committee, 11507–11508 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Consumer Product Safety Commission Control of Chronic Wasting Disease, 11492–11493 NOTICES Meetings: Guidance: Low Pathogenicity Avian Influenza Program, 11493 Application of Human Factors to Consumer Products, 11508–11509 Arctic Research Commission Defense Department NOTICES See Engineers Corps Meetings: 109th Commission Meeting, 11499 Education Department NOTICES Centers for Disease Control and Prevention Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, Impact Evaluation of Departmentalized Instruction in Submissions, and Approvals, 11532–11536 Elementary Schools, 11510–11511 Decision to Evaluate a Petition to Designate a Class of Employees from the De Soto Avenue Facility in Los Energy Department Angeles County, CA, to be included in the Special See Federal Energy Regulatory Commission Exposure Cohort, 11535 Draft National Occupational Research Agenda: Engineers Corps Respiratory Health, 11537–11538 NOTICES Final Effect of Designation of a Class of Employees for Environmental Impact Statements; Availability, etc.: Addition to the Special Exposure Cohort, 11538 Holden Beach East End Shore Protection Project with Vaccine Information Materials: Installation of a Terminal Groin Structure at the MMR (Measles, Mumps, and Rubella) and MMRV Eastern End of Holden Beach, Extending into the (Measles, Mumps, Rubella, and Varicella) Vaccines, Atlantic Ocean, west of Lockwoods Folly Inlet 11532 (Brunswick County, NC), 11509–11510 Varicella Vaccine, 11536–11537 Environmental Protection Agency RULES Centers for Medicare & Medicaid Services Air Quality State Plan for Designated Facilities and NOTICES Pollutants; Approvals and Promulgations: Agency Information Collection Activities; Proposals, City of Philadelphia; Control of Emissions from Existing Submissions, and Approvals, 11538–11539 Hospital/Medical/Infectious Waste Incinerator Units, 11416–11418 Children and Families Administration City of Philadelphia; Control of Emissions from Existing PROPOSED RULES Sewage Sludge Incineration Units, 11418–11420 Adoption and Foster Care Analysis and Reporting System, Pesticide Tolerances: 11449–11452 Trinexapac-ethyl, 11420–11422

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PROPOSED RULES Petitions for Partial Waivers: Hazardous and Solid Waste Management System: Associated Electric Cooperative, Inc., 11512 Disposal of Coal Combustion Residuals from Electric Requests under Blanket Authorizations: Utilities; Amendments to the National Minimum Colorado Interstate Gas Co., LLC, 11511 Criteria (Phase One), 11584–11616 Pesticide Petitions: Federal Reserve System Residues of Pyroxasulfone in or on Various Commodities, PROPOSED RULES 11448–11449 Collection of Checks and Other Items by Federal Reserve NOTICES Banks and Funds Transfers through Fedwire, 11431– Access to Confidential Business Information by Accelera 11443 Solutions, Inc., 11514–11515 NOTICES CERCLA Administrative Cost Recovery Settlements: Agency Information Collection Activities; Proposals, Universal Oil Products Superfund Site, East Rutherford, Submissions, and Approvals, 11519–11523 NJ, 11516–11517 Funding Availability: Federal Trade Commission FY2018 Supplemental Funding for Brownfields NOTICES Revolving Loan Fund Grantees, 11515–11516 Early Termination of the Waiting Period under Premerger Meetings: Notification Rules; Approvals, 11523–11527 Pesticide Program Dialogue Committee, 11514 Proposed Consent Agreements: Pesticide Product Registration; Applications: Air Medical Group Holdings, Inc., KKR North America Pyroxasulfone New Uses, 11513–11514 Fund XI (AMG) LLC, and AMR Holdco, Inc., 11527– 11529 Federal Aviation Administration Oregon Lithoprint, Inc., 11529–11532 RULES Airworthiness Directives: Fish and Wildlife Service Airbus Airplanes, 11399–11404 PROPOSED RULES Bombardier, Inc., Airplanes, 11404–11407 Endangered and Threatened Species: The Boeing Company Airplanes, 11397–11399 Withdrawal of the Proposed Rule to List Chorizanthe Amendment of Class D and Class E Airspace: parryi var. fernandina (San Fernando Valley Lewiston, ID, 11411–11413 Spineflower), 11453–11474 Twin Falls, ID, 11409–11411 Amendment of Class E Airspace: Food and Drug Administration Massena, NY, 11407–11408 NOTICES Establishment of Class E Airspace: Agency Information Collection Activities; Proposals, Yuma, CO, 11408–11409 Submissions, and Approvals: PROPOSED RULES Health Care Professional Survey of Professional Amendment of Class D Airspace: Prescription Drug Promotion, 11539–11542 Appleton, WI, 11445–11446 Amendment of Class E Airspace: Foreign-Trade Zones Board Altoona, PA, 11446–11448 NOTICES Mesquite, NV, 11443–11445 NOTICES Production Activities: Airport Property Releases: Foreign-Trade Zone 52, Suffolk County, NY, 11501 Northeast Philadelphia Airport, Philadelphia, PA; Forest Service Correction, 11580 NOTICES Federal Communications Commission Meetings: RULES National Urban and Community Forestry Advisory Modernization of Payphone Compensation Rules, 11422– Council, 11493–11494 11428 PROPOSED RULES Health and Human Services Department Petitions for Reconsideration of Action in Rulemaking See Centers for Disease Control and Prevention Proceeding, 11452–11453 See Centers for Medicare & Medicaid Services NOTICES See Children and Families Administration Agency Information Collection Activities; Proposals, See Food and Drug Administration Submissions, and Approvals, 11517–11519 See Health Resources and Services Administration See National Institutes of Health Federal Emergency Management Agency NOTICES NOTICES Requests for Nominations: Assistance to Firefighters Grant Program: Presidential Advisory Council on Combating Antibiotic- Fire Prevention and Safety Grants, 11548–11553 Resistant Bacteria, 11543–11544

Federal Energy Regulatory Commission Health Resources and Services Administration NOTICES NOTICES Combined Filings, 11512–11513 Health Center Program, 11542–11543 Meetings: Review of Cost Submittals by Other Federal Agencies for Homeland Security Department Administering Part I of the Federal Power Act; See Coast Guard Technical Conference, 11511–11512 See Federal Emergency Management Agency

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NOTICES Land Management Bureau Extension of Employment Authorization for Syrian F–1 NOTICES Nonimmigrant Students Experiencing Severe Economic Environmental Impact Statements; Availability, etc.: Hardship as a Direct Result of Civil Unrest in Syria Crescent Peak Wind Project, West of Searchlight in Clark Since March 2011, 11553–11554 County, Nevada; and a Notice of Public Lands Segregation, 11559–11561 Housing and Urban Development Department NOTICES National Credit Union Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, Closeout Instruction for Community Development Block Submissions, and Approvals, 11564–11565 Grant Program, 11557–11558 Meetings; Sunshine Act, 11565 Community Development Block Grant Urban County Qualification/ New York Towns Qualification/ National Foundation on the Arts and the Humanities Requalification Processes, 11554–11556 See Institute of Museum and Library Services Consolidated Plan, Annual Action Plan and Annual Performance Report, 11556 National Institutes of Health Institute of Museum and Library Services NOTICES Meetings: NOTICES Center for Scientific Review, 11545–11548 Agency Information Collection Activities; Proposals, National Heart, Lung, and Blood Institute, 11546 Submissions, and Approvals: National Institute of Allergy and Infectious Diseases, Institute of Museum and Library Services Collections 11544–11545 Assessment for Preservation Program, 11565–11566 National Institute of Environmental Health Sciences, Interior Department 11544–11545 See Fish and Wildlife Service See Land Management Bureau National Oceanic and Atmospheric Administration See Surface Mining Reclamation and Enforcement Office RULES NOTICES Fisheries of the Exclusive Economic Zone Off Alaska: Environmental Assessments; Availability, etc.: Pollock in Statistical Area 610 in Gulf of Alaska, 11429– Florida Trustee Implementation Group Deepwater 11430 Horizon Oil Spill Final Phase V.2 Restoration Plan Fisheries of the Northeastern United States: and Supplemental Environmental Assessment; Atlantic Herring Fishery; 2018 River Herring and Shad Florida Coastal Access Project, 11558–11559 Catch Cap Reached for Midwater Trawl Vessels in Mid-Atlantic/Southern New England Catch Cap Area, Internal Revenue Service 11428–11429 NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Fisheries of the Northeastern United States: Submissions, and Approvals: Framework Adjustment 29 to the Atlantic Sea Scallop Qualified Lessee Construction Allowances for Short-Term Fishery Management Plan, 11474–11487 Leases, 11580–11581 NOTICES Rules relating to registration under section 4101, 11581– Endangered and Threatened Species: 11582 Take of Anadromous Fish, 11505–11507

International Trade Administration National Science Foundation NOTICES NOTICES Antidumping or Countervailing Duty Investigations, Orders, Charter Renewals: or Reviews: Committee Management, 11567 Aluminum Extrusions from the People’s Republic of Meetings: China, 11501–11505 Proposal Review Panel for International Science and Engineering, 11569 International Trade Commission Proposal Review Panel for Materials Research, 11566– NOTICES 11569 Investigations; Determinations, Modifications, and Rulings, Requests for Nominations: etc.: Directorate and Office Advisory Committees, 11567– Honey from China, 11562–11563 11568 Steel Wire Garment Hangers from Taiwan and Vietnam, 11563–11564 Occupational Safety and Health Administration Meetings; Sunshine Act, 11562 RULES Vinyl Chloride; CFR Correction, 11413 Justice Department NOTICES Pension Benefit Guaranty Corporation Proposed Consent Decrees: RULES Clean Air Act, 11564 Allocation of Assets in Single-Employer Plans: Benefits Payable in Terminated Single-Employer Plans; Labor Department Interest Assumptions for Valuing and Paying See Occupational Safety and Health Administration Benefits, 11413–11415

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Postal Service Requirements for Permits for Special Categories of NOTICES Mining, 11561–11562 Product Changes: Priority Mail Express and Priority Mail Negotiated Surface Transportation Board Service Agreement, 11570 NOTICES Priority Mail Negotiated Service Agreement, 11569–11570 Trackage Rights Exemptions: Toledo, Peoria and Western Railway Corp.; Tazewell and Rural Utilities Service Peoria Railroad, Inc., 11580 NOTICES Requests for Applications: Transportation Department Grant Application Deadlines and Funding Levels, 11494– See Federal Aviation Administration 11499 Treasury Department Securities and Exchange Commission See Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11578–11579 Separate Parts In This Issue Self-Regulatory Organizations; Proposed Rule Changes: ICE Clear Credit LLC, 11570–11573 Part II NYSE American LLC, 11573–11576 Environmental Protection Agency, 11584–11616 NYSE Arca, Inc., 11576–11578

Small Business Administration Reader Aids NOTICES Major Disaster Declarations: Consult the Reader Aids section at the end of this issue for American Samoa, 11579–11580 phone numbers, online resources, finding aids, and notice of recently enacted public laws. Surface Mining Reclamation and Enforcement Office To subscribe to the Federal Register Table of Contents NOTICES electronic mailing list, go to https://public.govdelivery.com/ Agency Information Collection Activities; Proposals, accounts/USGPOOFR/subscriber/new, enter your e-mail Submissions, and Approvals: address, then follow the instructions to join, leave, or Requirements for Coal Exploration, 11561 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: 9704...... 11619 9705...... 11625 Administrative Orders: Orders: Order of March 12, 2018 ...... 11631 7 CFR 319...... 11395 12 CFR Proposed Rules: 210...... 11431 14 CFR 39 (3 documents) ...... 11397, 11399, 11404 71 (4 documents) ...... 11407, 11408, 11409, 11411 Proposed Rules: 71 (3 documents) ...... 11443, 11445, 11446 29 CFR 1910...... 11413 4022...... 11413 4044...... 11413 33 CFR 117 (2 documents) ...... 11415 40 CFR 62 (2 documents) ...... 11416, 11418 180...... 11420 Proposed Rules: 180...... 11448 257...... 11584 45 CFR Proposed Rules: 1355 (2 documents) ...... 11449, 11450 47 CFR 64...... 11422 Proposed Rules: 54...... 11452 50 CFR 648...... 11428 679...... 11429 Proposed Rules: 17...... 11453 648...... 11474

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Rules and Regulations Federal Register Vol. 83, No. 51

Thursday, March 15, 2018

This section of the FEDERAL REGISTER Plants for Planting,’’ §§ 319.37 through the risk associated with the importation contains regulatory documents having general 319.37–14 (referred to below as the of Campanula spp. plants for planting applicability and legal effect, most of which regulations), prohibit or restrict, among in approved growing media from are keyed to and codified in the Code of other things, the importation of living Denmark into the United States. Federal Regulations, which is published under plants, plant parts, and seeds for Accordingly, on June 20, 2017, we 50 titles pursuant to 44 U.S.C. 1510. propagation or planting. published in the Federal Register (82 The Code of Federal Regulations is sold by The regulations differentiate between FR 28015–28017, Docket No. APHIS– the Superintendent of Documents. prohibited articles and restricted 2016–0051) a proposal 1 to amend the articles. Prohibited articles are plants for regulations by adding Campanula spp. planting whose importation into the plants for planting from Denmark to the DEPARTMENT OF AGRICULTURE United States is not authorized due to list of taxa authorized importation into the risk the articles present of the United States in approved growing Animal and Plant Health Inspection introducing or disseminating plant media in accordance with the Service pests. Restricted articles are articles that requirements of § 319.37–8(e). may be imported into the United States, We solicited comment concerning our 7 CFR Part 319 provided that the articles are subject to proposal for 60 days ending August 21, [Docket No. APHIS–2016–0051] measures to address the associated risks. 2017. We received two comments by Conditions for the importation into that date. They were from a private RIN 0579–AE31 the United States of restricted articles in citizen and a State department of Importation of Campanula spp. Plants growing media are found in § 319.37–8. agriculture. One commenter was for Planting in Approved Growing In § 319.37–8, the introductory text in generally opposed to the importation of Media From Denmark Into the United paragraph (e) lists taxa of restricted Campanula spp. from Denmark, but did States articles that may be imported into the not offer any specific concerns or United States in approved growing objections to be addressed. AGENCY: Animal and Plant Health media, subject to the provisions of a One commenter stated that, although Inspection Service, USDA. systems approach. Paragraph (e)(1) lists the approved growing media effectively ACTION: Final rule. the approved growing media, while mitigates the movement of arthropods paragraph (e)(2) contains the provisions occurring with the soil, it does not SUMMARY: We are amending the of the systems approach. Within address the potential movement of the regulations governing the importation of paragraph (e)(2), paragraphs (i) through other quarantine plants pests identified plants for planting by authorizing the (viii) contain provisions that are in the PRA: The leafminers, Liriomyza importation of Campanula spp. plants generally applicable to all the taxa listed buhri Hering, L. strigata (Meigen) and for planting from Denmark in approved in the introductory text of paragraph (e), Phytomyza campanulae Hendel; the growing media into the United States, while paragraphs (ix) through (xiii) whitefly, Aleyrodes lonicerae; the subject to a systems approach. The contain additional, taxon-specific aphids, Aphis psammophila systems approach will include measures provisions. Szelegiewicz, Uroleucon campanulae that are currently specified in the In response to a request from the (Kaltenbach), U. nigrocampanulae regulations as generally applicable to all national plant protection organization (Theobald), and U. rapunculoidis plants for planting authorized (NPPO) of Denmark, we prepared a pest (Bo¨rner); the thrips, Thrips major Uzel; importation into the United States in risk assessment (PRA) in order to and the mollusk, Arianta arbustorum approved growing media. This action analyze the plant pest risks associated (L.). The commenter suggested that a will allow for the importation of with the importation of Campanula spp. systems approach would not be enough Campanula spp. plants for planting plants for planting in approved growing to mitigate the risks associated with from Denmark in approved growing media from Denmark into the United these plant pests as some have the media, while providing protection States. The PRA identified 10 potential to evade detection during against the introduction of plant pests. quarantine pests that could be inspection, and that an introduction of DATES: Effective April 16, 2018. introduced into the United States any of these pests would result in major FOR FURTHER INFORMATION CONTACT: Dr. through the importation of Campanula eradication efforts that would have Narasimha Samboju, Senior Regulatory spp. plants for planting from Denmark severe economic impacts on Florida’s Policy Specialist, Plants for Planting in approved growing media. Based on agricultural industry. Because of this, Policy, PPQ, APHIS, 4700 River Road, the findings of the PRA, we prepared a the commenter recommended that Unit 133, Riverdale, MD 20737–1236; risk management document (RMD) to shipments of Campanula spp. plants (301) 851–2038. determine whether phytosanitary from Denmark not be allowed into SUPPLEMENTARY INFORMATION: measures exist that would address the Florida. quarantine plant pest risk. The RMD As explained in the RMD (Appendix Background found that the mitigations currently 1), the pests specifically referenced by The regulations in 7 CFR part 319 specified in § 319.37–8, paragraphs the commenter will be mitigated by the prohibit or restrict the importation of (e)(2)(i) through (viii), that are generally systems approach. Inspections will be certain plants and plant products into applicable to the importation of all 1 To view the proposed rule, supporting the United States to prevent the restricted articles authorized documents, and the comments we received, go to introduction of quarantine plant pests. importation into the United States in https://www.regulations.gov/docket?D=APHIS- The regulations contained in ‘‘Subpart— approved growing media will mitigate 2016-0051.

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conducted in concert with required Although the rule could theoretically and Independence Avenue SW, greenhouse operating procedures that enable Denmark-based exporters to Washington, DC, between 8 a.m. and will include specific sanitary measures bypass U.S. growers altogether and 4:30 p.m., Monday through Friday, and pest exclusionary mechanisms that provide finished plants directly to except holidays. Persons wishing to have proven to effectively mitigate the retailers, it is less likely because inspect copies are requested to call risks associated with these plant pests. flowering potted plants tend to be more ahead on (202) 799–7039 to facilitate The commenter did not provide any sensitive to shipping conditions. entry into the reading room. In addition, evidence suggesting that the mitigations Consequently, it is more likely that the copies may be obtained by writing to the are not effective. Therefore, we are not Danish growers will continue to export individual listed under FOR FURTHER taking the action suggested by the immature plants to U.S. growers who INFORMATION CONTACT. comment. will then grow them out for sale as Therefore, for the reasons given in the finished plants, but with a higher Paperwork Reduction Act proposed rule and in this document, we success rate and shorter market delay In accordance with section 3507(d) of are adopting the proposed rule as a final than under current regulations. U.S. the Paperwork Reduction Act of 1995 rule, without change. growers who import Campanula spp. (44 U.S.C. 3501 et seq.), the information Executive Orders 12866 and 13771 and plants from Denmark may benefit collection requirements included in this Regulatory Flexibility Act directly from the rule, if the resulting final rule, which were filed under 0579– finished plants have a higher market 0463, have been submitted for approval This final rule has been determined to value. to the Office of Management and Budget be not significant for the purposes of (OMB). When OMB notifies us of its Executive Order 12988 Executive Order 12866 and, therefore, decision, if approval is denied, we will has not been reviewed by the Office of This final rule has been reviewed publish a document in the Federal Management and Budget. Further, under Executive Order 12988, Civil Register providing notice of what action because this rule is not significant, it is Justice Reform. This rule: (1) Preempts we plan to take. not a regulatory action under Executive all State and local laws and regulations Order 13771. In accordance with 5 that are inconsistent with this rule; (2) E-Government Act Compliance U.S.C. 604, we have performed a final has no retroactive effect; and (3) does The Animal and Plant Health regulatory flexibility analysis, which is not require administrative proceedings Inspection Service is committed to summarized below, regarding the before parties may file suit in court compliance with the EGovernment Act economic effects of this rule on small challenging this rule. to promote the use of the internet and entities. Copies of the full analysis are National Environmental Policy Act other information technologies, to available by contacting the person listed provide increased opportunities for under FOR FURTHER INFORMATION An environmental assessment and citizen access to Government CONTACT or on the Regulations.gov finding of no significant impact have information and services, and for other website (see ADDRESSES above for been prepared for this final rule. The purposes. For information pertinent to instructions for accessing environmental assessment provides a E-Government Act compliance related Regulations.gov). basis for the conclusion that the to this rule, please contact Ms. Kimberly The Animal and Plant Health importation of Campanula spp. plants Hardy, APHIS’ Information Collection Inspection Service (APHIS) is amending for planting in approved growing media Coordinator, at (301) 851–2483. the regulations in 7 CFR 319.37–8 to from Denmark under the conditions allow the importation of Campanula specified in this rule will not have a List of Subjects in 7 CFR Part 319 spp. plants in growing media. Such significant impact on the quality of the Coffee, Cotton, Fruits, Imports, Logs, plants are generally imported bare- human environment. Based on the Nursery stock, Plant diseases and pests, rooted into the United States, and are finding of no significant impact, the Quarantine, Reporting and rooted and potted for sale by U.S. Administrator of the Animal and Plant recordkeeping requirements, Rice, nurseries. The final rule will expand Health Inspection Service has Vegetables. potted Campanula spp. imports from determined that an environmental Accordingly, we are amending 7 CFR Denmark by eliminating the impact statement need not be prepared. part 319 as follows: requirement that growing media be The environmental assessment and removed. finding of no significant impact were PART 319—FOREIGN QUARANTINE In 2014, U.S. production of potted prepared in accordance with: (1) The NOTICES Campanula spp. plants was valued at National Environmental Policy Act of $683,000. The Small Business 1969 (NEPA), as amended (42 U.S.C. ■ 1. The authority citation for part 319 Administration (SBA) small-entity 4321 et seq.), (2) regulations of the continues to read as follows: standard for entities involved in Council on Environmental Quality for Authority: 7 U.S.C. 450 and 7701–7772 floriculture production is $750,000 or implementing the procedural provisions and 7781–7786; 21 U.S.C. 136 and 136a; less in annual receipts. It is probable of NEPA (40 CFR parts 1500–1508), (3) 7 CFR 2.22, 2.80, and 371.3. that most domestic producers of potted USDA regulations implementing NEPA ■ 2. Section 319.37–8 is amended as Campanula spp. plants are small (7 CFR part 1b), and (4) APHIS’ NEPA follows: entities by the SBA standard. Implementing Procedures (7 CFR part ■ a. In paragraph (e) introductory text, The NPPO of Denmark estimates that 372). by adding, in alphabetical order, an shipments of Campanula spp. plants in The environmental assessment and entry for ‘‘Campanula spp. from growing media to the United States may finding of no significant impact may be Denmark’’; and total $5–10 million annually, that is, the viewed on the Regulations.gov website ■ b. By revising the OMB citation at the volume could reach a level higher than (see footnote 1). Copies of the end of the section. domestic U.S. production. However, we environmental assessment and finding The revision reads as follows: do not have information on existing U.S. of no significant impact are also import levels that would give this available for public inspection at USDA, § 319.37–8 Growing media. comparison appropriate perspective. Room 1141, South Building, 14th Street * * * * *

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(Approved by the Office of Management and for and locating Docket No. FAA–2017– Effect of Winglets on Accomplishment Budget under control numbers 0579–0190, 0778. of the Proposed Actions 0579–0439, 0579–0454, 0579–0458, and 0579–0463) Examining the AD Docket Aviation Partners Boeing stated that accomplishing the supplemental type Done in Washington, DC, this 9th day of You may examine the AD docket on March 2018. certificate (STC) ST01518SE does not the internet at http:// affect the actions specified in the Kevin Shea, www.regulations.gov by searching for NPRM. Administrator, Animal and Plant Health and locating Docket No. FAA–2017– We concur with the commenter. We Inspection Service. 0778; or in person at the Docket have redesignated paragraph (c) of the [FR Doc. 2018–05267 Filed 3–14–18; 8:45 am] Management Facility between 9 a.m. proposed AD as paragraph (c)(1) of this BILLING CODE 3410–34–P and 5 p.m., Monday through Friday, AD and added paragraph (c)(2) to this except Federal holidays. The AD docket AD to state that installation of STC contains this final rule, the regulatory ST01518SE does not affect the ability to DEPARTMENT OF TRANSPORTATION evaluation, any comments received, and accomplish the actions required by this other information. The address for the AD. Therefore, for airplanes on which Federal Aviation Administration Docket Office (phone: 800–647–5527) is STC ST01518SE is installed, a ‘‘change Docket Management Facility, U.S. in product’’ alternative method of 14 CFR Part 39 Department of Transportation, Docket compliance (AMOC) approval request is Operations, M–30, West Building not necessary to comply with the [Docket No. FAA–2017–0778; Product Ground Floor, Room W12–140, 1200 requirements of 14 CFR 39.17. Identifier 2017–NM–038–AD; Amendment New Jersey Avenue SE, Washington, DC 39–19228; AD 2018–06–08] 20590. Request To Provide Instructions for Previously Repaired Areas RIN 2120–AA64 FOR FURTHER INFORMATION CONTACT: Peter Jarzomb, Aerospace Engineer, FedEx Express asked that instructions Airworthiness Directives; The Boeing Airframe Section, Los Angeles ACO to address previously repaired areas on Company Airplanes Branch, FAA, 3960 Paramount which the modification has not been incorporated be added to Boeing Alert AGENCY: Boulevard, Lakewood, CA 90712–4137; Federal Aviation Service Bulletin 757–53A0012, Revision Administration (FAA), DOT. phone: 562–627–5234; fax: 562–627– 5210; email: [email protected]. 1, dated January 25, 2017, before issuing ACTION: Final rule. the proposed AD. SUPPLEMENTARY INFORMATION: We do not agree with the commenter’s SUMMARY: We are adopting a new request. To wait for Boeing to update airworthiness directive (AD) for certain Discussion the service bulletin, as requested, would The Boeing Company Model 757–200 We issued a notice of proposed delay the issuance of the final rule. series airplanes. This AD was prompted rulemaking (NPRM) to amend 14 CFR However, to delay this action would be by an evaluation by the design approval part 39 by adding an AD that would inappropriate since we have determined holder (DAH) indicating that the side apply to certain The Boeing Company that an unsafe condition exists and that panel-to-frame attachments and frames Model 757–200 series airplanes. The the actions required by this AD must be of the aft cargo compartment are subject NPRM published in the Federal done to ensure continued safety. If a to widespread fatigue damage (WFD). Register on August 25, 2017 (82 FR previously repaired area does not This AD requires an inspection of the 40508). The NPRM was prompted by an incorporate the modification required side panel-to-frame attachments and evaluation by the DAH indicating that by this AD, and the modification cannot frames to verify that certain the side panel-to-frame attachments and be done on the previously repaired area, modifications have been done, and frames of the aft cargo compartment are operators must request an alternative applicable on-condition actions. We are subject to WFD. The NPRM proposed to method of compliance (AMOC) using issuing this AD to address the unsafe require an inspection of the side panel- the procedures specified in paragraph (j) condition on these products. to-frame attachments and frames to of this AD. We have made no change to DATES: This AD is effective April 19, verify that certain modifications have this AD in this regard. 2018. been done, and applicable on-condition The Director of the Federal Register actions. We are issuing this AD to Conclusion approved the incorporation by reference prevent fatigue cracking at the We reviewed the relevant data, of a certain publication listed in this AD attachment points of the side panel-to- considered the comments received, and as of April 19, 2018. frame attachments of the aft cargo determined that air safety and the ADDRESSES: For service information compartment, which could result in public interest require adopting this identified in this final rule, contact reduced structural integrity of the body final rule with the changes described Boeing Commercial Airplanes, frames, and consequent rapid previously and minor editorial changes. Attention: Contractual & Data Services decompression of the airplane. We have determined that these minor (C&DS), 2600 Westminster Blvd., MC Comments changes: 110–SK57, Seal Beach, CA 90740–5600; • Are consistent with the intent that telephone 562–797–1717; internet We gave the public the opportunity to was proposed in the NPRM for https://www.myboeingfleet.com. You participate in developing this final rule. correcting the unsafe condition; and may view this service information at the The following presents the comments • Do not add any additional burden FAA, Transport Standards Branch, 2200 received on the NPRM and the FAA’s upon the public than was already South 216th St., Des Moines, WA. For response to each comment. proposed in the NPRM. information on the availability of this Support for the NPRM We also determined that these material at the FAA, call 206–231–3195. changes will not increase the economic It is also available on the internet at Boeing and United Airlines agreed burden on any operator or increase the http://www.regulations.gov by searching with the content of the NPRM. scope of this final rule.

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Related Service Information Under 1 been done. The service information also or by the means identified in the CFR Part 51 describes procedures for on-condition ADDRESSES section. We reviewed Boeing Alert Service actions, which include repetitive Costs of Compliance Bulletin 757–53A0012, Revision 1, inspections for cracking, repairs, and dated January 25, 2017. The service modifications. This service information We estimate that this AD affects 13 information describes procedures for a is reasonably available because the airplanes of U.S. registry. We estimate general visual inspection of the side interested parties have access to it the following costs to comply with this panel-to-frame attachments and frames through their normal course of business to verify that certain modifications have AD:

ESTIMATED COSTS

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

General visual inspection ...... 1 work-hour × $85 per hour = $85 ...... $0 $85 $1,105

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

ESTIMATED COSTS OF ON-CONDITION ACTIONS *

Labor cost Parts cost Cost per product

Up to 45 work-hours × $85 per hour = Up to $3,825 ...... Unavailable ...... Up to $3,825. * The costs in the table do not include the cost estimate for on-condition repairs. We have received no definitive data that would enable us to provide cost estimates for the on-condition repairs specified in this AD.

Authority for This Rulemaking Regulatory Findings PART 39—AIRWORTHINESS DIRECTIVES Title 49 of the United States Code This AD will not have federalism specifies the FAA’s authority to issue implications under Executive Order ■ 1. The authority citation for part 39 rules on aviation safety. Subtitle I, 13132. This AD will not have a continues to read as follows: section 106, describes the authority of substantial direct effect on the States, on the FAA Administrator. Subtitle VII: the relationship between the national Authority: 49 U.S.C. 106(g), 40113, 44701. Aviation Programs, describes in more government and the States, or on the § 39.13 [Amended] detail the scope of the Agency’s distribution of power and authority. responsibilities among the various ■ 2. The FAA amends § 39.13 by adding We are issuing this rulemaking under levels of government. the following new airworthiness the authority described in Subtitle VII, For the reasons discussed above, I directive (AD): Part A, Subpart III, Section 44701: certify that this AD: 2018–06–08 The Boeing Company: ‘‘General requirements.’’ Under that (1) Is not a ‘‘significant regulatory Amendment 39–19228; Docket No. section, Congress charges the FAA with FAA–2017–0778; Product Identifier action’’ under Executive Order 12866, promoting safe flight of civil aircraft in 2017–NM–038–AD. (2) Is not a ‘‘significant rule’’ under air commerce by prescribing regulations (a) Effective Date for practices, methods, and procedures DOT Regulatory Policies and Procedures This AD is effective April 19, 2018. the Administrator finds necessary for (44 FR 11034, February 26, 1979), safety in air commerce. This regulation (3) Will not affect intrastate aviation (b) Affected ADs is within the scope of that authority in Alaska, and None. because it addresses an unsafe condition (4) Will not have a significant (c) Applicability that is likely to exist or develop on products identified in this rulemaking economic impact, positive or negative, (1) This AD applies to The Boeing action. on a substantial number of small entities Company Model 757–200 series airplanes, under the criteria of the Regulatory certificated in any category, as identified in This AD is issued in accordance with Flexibility Act. Boeing Alert Service Bulletin 757–53A0012, authority delegated by the Executive Revision 1, dated January 25, 2017. Director, Aircraft Certification Service, List of Subjects in 14 CFR Part 39 (2) Installation of Supplemental Type as authorized by FAA Order 8000.51C. Certificate (STC) ST01518SE (http:// In accordance with that order, issuance Air transportation, Aircraft, Aviation rgl.faa.gov/Regulatory_and_Guidance_ of ADs is normally a function of the safety, Incorporation by reference, Library/rgstc.nsf/0/312bc296830a925c86257 Compliance and Airworthiness Safety. c85006d1b1f/$FILE/ST01518SE.pdf) does not Division, but during this transition affect the ability to accomplish the actions Adoption of the Amendment required by this AD. Therefore, for airplanes period, the Executive Director has on which STC ST01518SE is installed, a delegated the authority to issue ADs Accordingly, under the authority ‘‘change in product’’ alternative method of applicable to transport category delegated to me by the Administrator, compliance (AMOC) approval request is not airplanes to the Director of the System the FAA amends 14 CFR part 39 as necessary to comply with the requirements of Oversight Division. follows: 14 CFR 39.17.

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(d) Subject (2) Before using any approved AMOC, the availability of this material at NARA, call Air Transport Association (ATA) of notify your appropriate principal inspector, 202–741–6030, or go to: http:// America Code 53, Fuselage. or lacking a principal inspector, the manager www.archives.gov/federal-register/cfr/ibr- of the local flight standards district office/ locations.html. (e) Unsafe Condition certificate holding district office. Issued in Renton, Washington, on March 2, This AD was prompted by an evaluation by (3) An AMOC that provides an acceptable 2018. the design approval holder indicating that level of safety may be used for any repair, Michael Kaszycki, the side panel-to-frame attachments and modification, or alteration required by this frames of the aft cargo compartment are AD if it is approved by the Boeing Acting Director, System Oversight Division, subject to widespread fatigue damage. We are Commercial Airplanes Organization Aircraft Certification Service. issuing this AD to prevent fatigue cracking at Designation Authorization (ODA) that has [FR Doc. 2018–05015 Filed 3–14–18; 8:45 am] the attachment points of the side panel-to- been authorized by the Manager, Los Angeles BILLING CODE 4910–13–P frame attachments of the aft cargo ACO Branch, to make those findings. To be compartment, which could result in reduced approved, the repair method, modification structural integrity of the body frames, and deviation, or alteration deviation must meet DEPARTMENT OF TRANSPORTATION consequent rapid decompression of the the certification basis of the airplane, and the airplane. approval must specifically refer to this AD. Federal Aviation Administration (4) Except as required by paragraph (h)(2) (f) Compliance of this AD: For service information that Comply with this AD within the contains steps that are labeled as RC, the 14 CFR Part 39 compliance times specified, unless already provisions of paragraphs (j)(4)(i) and (j)(4)(ii) [Docket No. FAA–2017–0695; Product done. of this AD apply. Identifier 2016–NM–173–AD; Amendment (g) One-Time General Visual Inspection and (i) The steps labeled as RC, including 39–19223; AD 2018–06–03] Corrective Actions substeps under an RC step and any figures identified in an RC step, must be done to RIN 2120–AA64 Except as required by paragraph (h) of this comply with the AD. If a step or substep is AD: At the applicable times specified in labeled ‘‘RC Exempt,’’ then the RC Airworthiness Directives; Airbus paragraph 1.E., ‘‘Compliance,’’ of Boeing requirement is removed from that step or Airplanes Alert Service Bulletin 757–53A0012, substep. An AMOC is required for any Revision 1, dated January 25, 2017, do all deviations to RC steps, including substeps AGENCY: Federal Aviation applicable actions identified as ‘‘RC’’ and identified figures. Administration (FAA), Department of (required for compliance) in, and in (ii) Steps not labeled as RC may be Transportation (DOT). accordance with, the Accomplishment deviated from using accepted methods in Instructions of Boeing Alert Service Bulletin ACTION: Final rule. accordance with the operator’s maintenance 757–53A0012, Revision 1, dated January 25, or inspection program without obtaining 2017. SUMMARY: We are superseding approval of an AMOC, provided the RC steps, Airworthiness Directive (AD) 2009–18– (h) Exceptions to Service Information including substeps and identified figures, can 16, which applied to certain Airbus Specifications still be done as specified, and the airplane can be put back in an airworthy condition. Model A310–203, –204, –221, –222, (1) For purposes of determining –304, –322, –324, and –325 airplanes. compliance with the requirements of this AD: (k) Related Information AD 2009–18–16 required an inspection Where Boeing Alert Service Bulletin 757– For more information about this AD, for cracking of certain fastener holes on 53A0012, Revision 1, dated January 25, 2017, contact Peter Jarzomb, Aerospace Engineer, uses the phrase ‘‘the Revision 1 date of this certain frames, and related investigative Airframe Section, Los Angeles ACO Branch, service bulletin,’’ this AD requires using ‘‘the and corrective actions if necessary; and effective date of this AD.’’ FAA, 3960 Paramount Boulevard, Lakewood, modification of certain fastener holes. (2) Where Boeing Alert Service Bulletin CA 90712–4137; phone: 562–627–5234; fax: This new AD reduces the compliance 562–627–5210; email: [email protected]. 757–53A0012, Revision 1, dated January 25, times. This AD was prompted by the 2017, specifies contacting Boeing, and (l) Material Incorporated by Reference identification of a structural specifies that action as RC: This AD requires (1) The Director of the Federal Register modification that falls within the scope repair using a method approved in approved the incorporation by reference of the work related to the extension of accordance with the procedures specified in (IBR) of the service information listed in this paragraph (j) of this AD. the service life of the affected airplanes paragraph under 5 U.S.C. 552(a) and 1 CFR and widespread fatigue damage (i) Terminating Action for Inspections part 51. evaluations. We are issuing this AD to Accomplishment of a modification in (2) You must use this service information address the unsafe condition on these as applicable to do the actions required by accordance with the Accomplishment products. Instructions of Boeing Alert Service Bulletin this AD, unless the AD specifies otherwise. 757–53A0012, Revision 1, dated January 25, (i) Boeing Alert Service Bulletin 757– DATES: This AD is effective April 19, 2017, terminates the inspections required by 53A0012, Revision 1, dated January 25, 2017. 2018. paragraph (g) of this AD at the modified (ii) Reserved. The Director of the Federal Register location only. (3) For service information identified in approved the incorporation by reference this AD, contact Boeing Commercial of a certain publication listed in this AD (j) Alternative Methods of Compliance Airplanes, Attention: Contractual & Data (AMOCs) Services (C&DS), 2600 Westminster Blvd., as of April 19, 2018. (1) The Manager, Los Angeles ACO Branch, MC 110–SK57, Seal Beach, CA 90740–5600; ADDRESSES: For service information FAA, has the authority to approve AMOCs telephone 562–797–1717; internet https:// identified in this final rule, contact for this AD, if requested using the procedures www.myboeingfleet.com. Airbus SAS, Airworthiness Office— found in 14 CFR 39.19. In accordance with (4) You may view this service information EAW, 1 Rond Point Maurice Bellonte, 14 CFR 39.19, send your request to your at the FAA, Transport Standards Branch, 31707 Blagnac Cedex, France; principal inspector or local Flight Standards 2200 South 216th St., Des Moines, WA. For telephone: +33 5 61 93 36 96; fax: +33 District Office, as appropriate. If sending information on the availability of this information directly to the manager of the material at the FAA, call 206–231–3195. 5 61 93 44 51; email: account.airworth- certification office, send it to the attention of (5) You may view this service information [email protected]; internet: http:// the person identified in paragraph (k) of this that is incorporated by reference at the www.airbus.com. You may view this AD. Information may be emailed to: 9-ANM- National Archives and Records referenced service information at the [email protected]. Administration (NARA). For information on FAA, Transport Standards Branch, 2200

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South 216th St., Des Moines, WA. For Within the scope of work related to the Comments extension of the service life of A310 design information on the availability of this We gave the public the opportunity to material at the FAA, call 206–231–3195. and widespread fatigue damage evaluations, ´ ´ participate in developing this AD. The It is also available on the internet at DGAC [Direction Generale de l’Aviation Civile] France issued AD F–2005–078 (EASA following presents the comment http://www.regulations.gov by searching approval 2005–3957) [which corresponds to received on the NPRM and the FAA’s for and locating Docket No. FAA–2017– FAA AD 2006–02–06, Amendment 39–14458 response to that comment. 0695. (71 FR 3214, January 20, 2006)] to require a structural modification, as defined in Airbus Request To Revise the Costs of Examining the AD Docket Service Bulletin (SB) A310–53–2124 (Airbus Compliance You may examine the AD docket on modification 13023), to increase the service FedEx stated that repairs would cost the internet at http:// life of junctions of center box upper frame an additional $10,000 per airplane. The www.regulations.gov by searching for bases to upper fuselage arches. commenter noted that 66% of its past and locating Docket No. FAA–2017– The threshold timescales for accomplishment of the tasks as defined in SB accomplishments required additional 0695; or in person at the Docket A310–53–2124 were refined and reduced. efforts to incorporate the modification Management Facility between 9 a.m. Consequently, EASA issued AD 2007–0238 with supplementary repair activities. and 5 p.m., Monday through Friday, to require compliance with Revision 01 of SB The commenter suggested that the except Federal holidays. The AD docket A310–53–2124 at the reduced compliance average cost of compliance would contains this AD, the regulatory times, superseding (the requirements of) approach $30,000 per airplane. We infer evaluation, any comments received, and DGAC France AD F–2005–078. Subsequently, that the commenter is requesting a other information. The address for the Airbus identified reference material that was revision to the costs of compliance in Docket Office (telephone 800–647–5527) erroneously introduced into Airbus SB A310–53–2124 Revision 01. As a result, the the NPRM. We agree with commenter’s is Docket Management Facility, U.S. SB instructions could not be accomplished request to revise the costs of compliance Department of Transportation, Docket properly. Operators that tried to apply SB in this final rule. We have revised the Operations, M–30, West Building A310–53–2124 at Revision 01 had to contact Costs of Compliance section in this final Ground Floor, Room W12–140, 1200 Airbus; see also Airbus SBIT [service bulletin rule accordingly. New Jersey Avenue SE, Washington, DC information telex] ref. 914.0135/08, dated 03 20590. March 2008. Conclusion Consequently, [EASA] AD 2007–0238 was FOR FURTHER INFORMATION CONTACT: Dan revised to exclude reference to Airbus SB We reviewed the available data, Rodina, Aerospace Engineer, A310–53–2124 Revision 01 and to require including the comment received, and International Section, Transport accomplishment of the task(s) as described in determined that air safety and the Standards Branch, FAA, 2200 South the original SB A310–53–2124 instead, public interest require adopting this AD 216th St., Des Moines, WA 98198; although retaining the reduced compliance with the change described previously, telephone 206–231–3225. times introduced by [EASA] AD 2007–0238 and minor editorial changes. We have at original issue. SUPPLEMENTARY INFORMATION: EASA AD 2008–0212, superseding [EASA] determined that these minor changes: • Are consistent with the intent that Discussion AD 2007–0238R1, was published to refer to Airbus SB A310 53–2124 Revision 02, the was proposed in the NPRM for We issued a notice of proposed corrected version that was used to meet the correcting the unsafe condition; and rulemaking (NPRM) to amend 14 CFR requirements of this [EASA] AD. • Do not add any additional burden part 39 to supersede AD 2009–18–16, Since [EASA] AD 2008–0212 was issued, upon the public than was already Amendment 39–16012 (74 FR 46342, new investigations in the frame of the proposed in the NPRM. September 9, 2009) (‘‘AD 2009–18–16’’). Widespread Fatigue Damage campaign AD 2009–18–16 applied to certain induced thresholds reduction, and Airbus Related Service Information Under 1 issued SB A310–53–2124 Revision 03. CFR Part 51 Airbus Model A310–203, –204, –221, For the reason described above, this –222, –304, –322, –324, and –325 [EASA] AD retains the requirements of EASA Airbus has issued Service Bulletin airplanes. The NPRM published in the AD 2008–0212, which is superseded, and A310–53–2124, Revision 03, dated Federal Register on July 14, 2017 (82 FR requires accomplishment of modification(s) December 22, 2014. This service 32503). We are issuing this AD to within reduced compliance time, as information describes procedures for a prevent fatigue cracking of the frame published in Airbus SB A310–53–2124 rotating probe inspection for cracking foot run-outs, which could lead to Revision 03. between frame (FR) 43 through FR 46 on rupture of the frame foot and cracking Required actions include a high the center box, and the cold expansion in adjacent frames and skin, and which frequency eddy current (HFEC) rotating (modification) of the most fatigue could result in reduced structural probe inspection for cracking of certain sensitive fastener holes. This service integrity of the airplane. fastener holes on certain frames, and information is reasonably available The European Aviation Safety Agency related investigative and corrective because the interested parties have (EASA), which is the Technical Agent actions if necessary; and modification of access to it through their normal course for the Member States of the European certain fastener holes. Related of business or by the means identified Union, has issued EASA AD 2016–0197, investigative actions include an in the ADDRESSES section. dated October 5, 2016 (referred to after additional HFEC rotating probe Costs of Compliance this as the Mandatory Continuing inspection for cracking of fastener holes Airworthiness Information, or ‘‘the and a check to determine the edge We estimate that this AD affects 8 MCAI’’), for all Airbus Model A310– distance of certain holes. Corrective airplanes of U.S. registry. 203, –204, –221, –222, –304, –322, –324, actions include ream out of cracks and We estimate that it will take about 41 and –325 airplanes. EASA AD 2016– repair. work-hours per product to comply with 0197 supersedes EASA AD 2008–0212, You may examine the MCAI in the the basic requirements of this AD. The dated December 4, 2008. EASA AD AD docket on the internet at http:// average labor rate is $85 per work-hour. 2008–0212 was the MCAI referred to in www.regulations.gov by searching for Required parts will cost about $20,180 FAA AD 2009–18–16. The new MCAI and locating Docket No. FAA–2017– per product. Based on these figures, we states: 0695. estimate the cost of this AD on U.S.

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operators to be $189,320, or $23,665 per responsibilities among the various (e) Reason product. levels of government. This AD was prompted by an evaluation by Although we have received no For the reasons discussed above, I the design approval holder indicating that definitive data that will enable us to certify that this AD: the junctions of center box upper frame bases provide cost estimates for the on- 1. Is not a ‘‘significant regulatory to the upper fuselage arches are subject to condition actions (i.e., additional action’’ under Executive Order 12866; widespread fatigue damage and that the inspection and modification for certain 2. Is not a ‘‘significant rule’’ under the compliance threshold for the modification in airplanes) specified in this AD, we have DOT Regulatory Policies and Procedures AD 2009–18–16 should be reduced. We are determined that the total repair costs (44 FR 11034, February 26, 1979); issuing this AD to prevent fatigue cracking of could be up to $10,000 per product. We 3. Will not affect intrastate aviation in the frame foot run-outs, which could lead to have no way of determining the number Alaska; and rupture of the frame foot and cracking in adjacent frames and skin, and which could of aircraft that might need these repairs. 4. Will not have a significant economic impact, positive or negative, result in reduced structural integrity of the Authority for This Rulemaking on a substantial number of small entities airplane. Title 49 of the United States Code under the criteria of the Regulatory (f) Compliance specifies the FAA’s authority to issue Flexibility Act. Comply with this AD within the rules on aviation safety. Subtitle I, List of Subjects in 14 CFR Part 39 compliance times specified, unless already section 106, describes the authority of done. the FAA Administrator. ‘‘Subtitle VII: Air transportation, Aircraft, Aviation safety, Incorporation by reference, (g) Inspections and Modification of Fastener Aviation Programs,’’ describes in more Holes detail the scope of the Agency’s Safety. authority. Adoption of the Amendment Except for airplanes modified before the We are issuing this rulemaking under effective date of this AD using the Accordingly, under the authority the authority described in ‘‘Subtitle VII, Accomplishment Instructions of Airbus delegated to me by the Administrator, Service Bulletin A310–53–2124: At the times Part A, Subpart III, Section 44701: the FAA amends 14 CFR part 39 as specified in paragraph (g)(1) of this AD but General requirements.’’ Under that follows: no later than the times specified in paragraph section, Congress charges the FAA with (g)(2) of this AD, do a high frequency eddy promoting safe flight of civil aircraft in PART 39—AIRWORTHINESS current (HFEC) rotating probe inspection for air commerce by prescribing regulations DIRECTIVES cracking of fastener holes H1 through H29 on for practices, methods, and procedures frames 43 through 46, and do all applicable the Administrator finds necessary for ■ 1. The authority citation for part 39 related investigative and corrective actions, safety in air commerce. This regulation continues to read as follows: in accordance with the Accomplishment is within the scope of that authority Authority: 49 U.S.C. 106(g), 40113, 44701. Instructions of Airbus Service Bulletin A310– because it addresses an unsafe condition 53–2124, Revision 03, dated December 22, that is likely to exist or develop on § 39.13 [Amended] 2014, except as required by paragraph (h) of this AD. If no cracking is found and the edge products identified in this rulemaking ■ 2. The FAA amends § 39.13 by action. distance of the fastener hole is equal to or removing Airworthiness Directive (AD) greater than the distance specified in the This AD is issued in accordance with 2009–18–16, Amendment 39–16012 (74 authority delegated by the Executive Accomplishment Instructions of Airbus FR 46342, September 9, 2009), and Service Bulletin A310–53–2124, Revision 03, Director, Aircraft Certification Service, adding the following new AD: dated December 22, 2014, before further as authorized by FAA Order 8000.51C. 2018–06–03 Airbus: Amendment 39–19223; flight, do the modification (cold expansion) In accordance with that order, issuance Docket No. FAA–2017–0695; Product of the affected fastener holes, in accordance of ADs is normally a function of the Identifier 2016–NM–173–AD. with the Accomplishment Instructions of Compliance and Airworthiness Airbus Service Bulletin A310–53–2124, Division, but during this transition (a) Effective Date Revision 03, dated December 22, 2014. Do all period, the Executive Director has This AD is effective April 19, 2018. applicable related investigative and delegated the authority to issue ADs (b) Affected ADs corrective actions before further flight. applicable to transport category (1) Inspect at the applicable time specified This AD replaces AD 2009–18–16, in table 1 to paragraph (g)(1) of this AD, or airplanes to the Director of the System Amendment 39–16012 (74 FR 46342, Oversight Division. within 24 months after the effective date of September 9, 2009) (‘‘AD 2009–18–16’’). this AD, whichever occurs later. To establish Regulatory Findings (c) Applicability the average flight time (AFT), take the We determined that this AD will not This AD applies to Airbus Model A310– accumulated flight time (counted from the 203, –204, –221, –222, –304, –322, –324 and take-off up to the landing) and divide by the have federalism implications under number of accumulated flight cycles. This Executive Order 13132. This AD will –325 airplanes; certificated in any category; all serial numbers. gives the AFT per flight cycle. Although the not have a substantial direct effect on thresholds for Model A310–304, –322, –324, the States, on the relationship between (d) Subject and –325 airplanes are optimized to airplane the national government and the States, Air Transport Association (ATA) of utilization, an operator can choose to use the or on the distribution of power and America Code 53, Fuselage. thresholds for the other AFT.

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(2) Inspect at the later of the times airplanes with an AFT equal to or less than time, take the accumulated flight time specified in paragraphs (g)(2)(i) and (g)(2)(ii) 3.16 flight hours are short range airplanes. (counted from the take-off up to the landing) of this AD. Airbus Model A310–304, –322, –324, and and divide by the number of accumulated (i) At the applicable time indicated in table –325 airplanes with an AFT exceeding 3.16 flight cycles. This gives the AFT per flight 2 to paragraph (g)(2)(i) of this AD. Airbus flight hours are long range airplanes. For this cycle. Model A310–304, –322, –324, and –325 paragraph, to establish the average flight

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(ii) Within 500 flight cycles or 800 flight (i) Airplanes Modified per Revision 01 of the (j) Additional Inspection and Modification hours after October 14, 2009 (the effective Service Information Except as provided by paragraphs (j)(1) and date of AD 2009–18–16), whichever occurs For airplanes modified before the effective (j)(2) of this AD, as applicable: At the first. date of this AD using Airbus Service Bulletin applicable thresholds specified in table 3 to the introductory text of paragraph (j) of this (h) Service Information Exception A310–53–2124, Revision 01, dated May 3, 2007: Unless already accomplished, before AD, contact the Manager, International Where Airbus Service Bulletin A310–53– Section, Transport Standards Branch, FAA; further flight, do applicable corrective 2124, Revision 03, dated December 22, 2014, or EASA; or Airbus’s EASA DOA for actions using a method approved by the specifies to contact Airbus for appropriate additional inspection and modification Manager, International Section, Transport action, and specifies that action as ‘‘RC’’ instructions. Accomplish those instructions Standards Branch, FAA; or the European (required for compliance): Before further within the compliance times approved by the Aviation Safety Agency (EASA); or Airbus’s flight, accomplish corrective actions in Manager, International Section, Transport EASA Design Organization Approval (DOA). Standards Branch, FAA; or EASA; or accordance with the procedures specified in If approved by the DOA, the approval must Airbus’s EASA DOA. If approved by the paragraph (l)(2) of this AD. include the DOA-authorized signature. DOA, the approval must include the DOA- authorized signature.

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(1) For Model A310–203, –204, –221, and the Manager, International Section, Transport (ii) Reserved. –222 airplanes: No additional inspection is Standards Branch, FAA; or EASA; or (3) For service information identified in required if the inspection and modification Airbus’s EASA DOA. If approved by the this AD, contact Airbus SAS, Airworthiness specified in Airbus Service Bulletin A310– DOA, the approval must include the DOA- Office—EAW, 1 Rond Point Maurice 53–2124 was done after the accumulation of authorized signature. Bellonte, 31707 Blagnac Cedex, France; 29,500 flight cycles and 70,900 flight hours (3) Required for Compliance (RC): Except telephone: +33 5 61 93 36 96; fax: +33 5 61 since the first flight of the airplane. as provided by paragraph (h) of this AD: If 93 44 51; email: account.airworth-eas@ (2) For Model A310–304, -322, –324, and any service information contains procedures airbus.com; internet: http://www.airbus.com. –325 airplanes: No additional inspection is or tests that are identified as RC, those (4) You may view this service information required if the inspection and modification procedures and tests must be done to comply at the FAA, Transport Standards Branch, specified in Airbus Service Bulletin A310– with this AD; any procedures or tests that are 2200 South 216th St., Des Moines, WA. For 53–2124 was done after the accumulation of not identified as RC are recommended. Those information on the availability of this 22,600 flight cycles and 69,400 flight hours procedures and tests that are not identified material at the FAA, call 206–231–3195. since the first flight of the airplane. as RC may be deviated from using accepted (5) You may view this service information methods in accordance with the operator’s (k) Credit for Previous Actions that is incorporated by reference at the maintenance or inspection program without National Archives and Records This paragraph provides credit for the obtaining approval of an AMOC, provided Administration (NARA). For information on actions required by paragraph (g) of this AD, the procedures and tests identified as RC can the availability of this material at NARA, call if those actions were performed before the be done and the airplane can be put back in 202–741–6030, or go to: http:// effective date of this AD using the an airworthy condition. Any substitutions or www.archives.gov/federal-register/cfr/ibr- changes to procedures or tests identified as Accomplishment Instructions of Airbus locations.html. Service Bulletin A310–53–2124, dated April RC require approval of an AMOC. Issued in Renton, Washington, on March 2, 4, 2005; or Airbus Service Bulletin A310–53– (m) Related Information 2124, Revision 02, dated May 22, 2008. 2018. (1) Refer to Mandatory Continuing Michael Kaszycki, (l) Other FAA AD Provisions Airworthiness Information (MCAI) EASA AD 2016–0197, dated October 5, 2016, for related Acting Director, System Oversight Division, The following provisions also apply to this Aircraft Certification Service. AD: information. This MCAI may be found in the [FR Doc. 2018–05018 Filed 3–14–18; 8:45 am] (1) Alternative Methods of Compliance AD docket on the internet at http:// (AMOCs): The Manager, International www.regulations.gov by searching for and BILLING CODE 4910–13–P Section, Transport Standards Branch, FAA, locating Docket No. FAA–2017–0695. has the authority to approve AMOCs for this (2) For more information about this AD, contact Dan Rodina, Aerospace Engineer, AD, if requested using the procedures found DEPARTMENT OF TRANSPORTATION International Section, Transport Standards in 14 CFR 39.19. In accordance with 14 CFR Branch, FAA, 2200 South 216th St., Des 39.19, send your request to your principal Federal Aviation Administration Moines, WA 98198; telephone: 206–231– inspector or local Flight Standards District 3225. Office, as appropriate. If sending information (3) Service information identified in this 14 CFR Part 39 directly to the International Section, send it AD that is not incorporated by reference is to the attention of the person identified in available at the addresses specified in [Docket No. FAA–2017–0626; Product paragraph (m)(2) of this AD. Information may paragraphs (n)(3) and (n)(4) of this AD. Identifier 2016–NM–210–AD; Amendment be emailed to: 9-ANM-116-AMOC- 39–19226; AD 2018–06–06] [email protected]. Before using any (n) Material Incorporated by Reference approved AMOC, notify your appropriate (1) The Director of the Federal Register RIN 2120–AA64 principal inspector, or lacking a principal approved the incorporation by reference inspector, the manager of the local flight (IBR) of the service information listed in this Airworthiness Directives; Bombardier, standards district office/certificate holding paragraph under 5 U.S.C. 552(a) and 1 CFR Inc., Airplanes district office. part 51. (2) Contacting the Manufacturer: As of the (2) You must use this service information AGENCY: Federal Aviation effective date of this AD, for any requirement as applicable to do the actions required by Administration (FAA), Department of in this AD to obtain corrective actions from this AD, unless this AD specifies otherwise. Transportation (DOT). a manufacturer, the action must be (i) Airbus Service Bulletin A310–53–2124, ACTION: Final rule. accomplished using a method approved by Revision 03, dated December 22, 2014.

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SUMMARY: We are adopting a new Discussion the in-flight uncommanded rudder airworthiness directive (AD) for certain We issued a notice of proposed movements occurred on airplanes with Bombardier, Inc., Model CL–600–2B16 rulemaking (NPRM) to amend 14 CFR an installation similar to the installation (CL–604 Variant) airplanes. This AD part 39 by adding an AD that would on certain Model CL–600–2B16 was prompted by reports of in-flight apply to certain Bombardier, Inc., Model airplanes and did not occur on Model uncommanded rudder movements on CL–600–2B16 (CL–604 Variant) CL–600–2B16 airplanes. Bombardier, airplanes with an installation similar to airplanes. The NPRM published in the Inc., stated that it is not aware of any in- the installation on certain Model CL– Federal Register on June 27, 2017 (82 flight uncommanded rudder movements 600–2B16 (CL–604 Variant) airplanes. FR 29014) (‘‘the NPRM’’). The NPRM that were experienced by operators of This AD requires modification of the was prompted by reports of in-flight Model CL–600–2B16 airplanes, but as wiring harness for the yaw damper uncommanded rudder movements on written, the Reason section of the NPRM control system. We are issuing this AD airplanes with an installation similar to implied that these events occurred on to address the unsafe condition on these the installation on certain Model CL– Model CL–600–2B16 airplanes. products. 600–2B16 (CL–604 Variant) airplanes. For the reason provided by the DATES: This AD is effective April 19, The NPRM proposed to require commenter, we agree to revise the 2018. modification of the wiring for the yaw SUMMARY and Discussion sections of this The Director of the Federal Register damper control system. We are issuing final rule and paragraph (e) of this AD approved the incorporation by reference this AD to prevent in-flight to clarify that the in-flight of certain publications listed in this AD uncommanded rudder movements, uncommanded rudder movements as of April 19, 2018. which could lead to structural failure occurred on airplanes with an ADDRESSES: For service information and subsequent loss of the airplane. installation similar to the installation on identified in this final rule, contact Transport Canada Civil Aviation certain Model CL–600–2B16 airplanes. Bombardier, Inc., 400 Coˆte-Vertu Road (TCCA), which is the aviation authority We have issued AD 2013–14–11, West, Dorval, Que´bec H4S 1Y9, Canada; for Canada, has issued Canadian Amendment 39–17516 (78 FR 44871, Widebody Customer Response Center Airworthiness Directive CF–2016–38, July 25, 2013) to address the same North America toll-free telephone 1– effective December 12, 2016 (referred to unsafe condition for Model CL–600– 866–538–1247 or direct-dial telephone after this as the Mandatory Continuing 2B19 (Regional Jet Series 100 & 440) 1–514–855–2999; fax 514–855–7401; Airworthiness Information, or ‘‘the airplanes, Model CL–600–2C10 email [email protected]; MCAI’’), to correct an unsafe condition (Regional Jet Series 700, 701, & 702) internet http://www.bombardier.com. for certain Bombardier, Inc., Model CL– airplanes, Model CL–600–2D15 You may view this referenced service 600–2B16 (CL–604 Variant) airplanes. (Regional Jet Series 705) airplanes, and information at the FAA, Transport The MCAI states: Model CL–600–2D24 (Regional Jet Standards Branch, 2200 South 216th St., Series 900) airplanes. The [Canadian] AD CF–2013–22 [which Des Moines, WA. For information on the corresponds to FAA AD 2014–16–06, Conclusion availability of this material at the FAA, Amendment 39–17930 (79 FR 48972, August call 206–231–3195. It is also available 19, 2014)] was issued on 12 August 2013 to We reviewed the relevant data, on the internet at http:// mandate the introduction of an emergency considered the comment received, and www.regulations.gov by searching for procedure to the Aeroplane Flight Manual to determined that air safety and the and locating Docket No. FAA–2017– address the uncommanded rudder public interest require adopting this AD 0626. movement. with the changes described previously Since the original issue of [Canadian] AD and minor editorial changes. We have Examining the AD Docket CF–2013–22, Bombardier Aerospace has determined that these minor changes: developed a wiring modification for the yaw You may examine the AD docket on • Are consistent with the intent that the internet at http:// damper control system to prevent uncommanded movement of the rudder. was proposed in the NPRM for www.regulations.gov by searching for This [Canadian] AD mandates the correcting the unsafe condition; and and locating Docket No. FAA–2017– incorporation of Service Bulletins (SB) 604– • Do not add any additional burden 0626; or in person at the Docket 22–007 and 605–22–002 ****. upon the public than was already Management Facility between 9 a.m. This AD requires modification of the proposed in the NPRM. and 5 p.m., Monday through Friday, wiring for the yaw damper control We also determined that these except Federal holidays. The AD docket system. You may examine the MCAI in changes will not increase the economic contains this AD, the regulatory the AD docket on the internet at http:// burden on any operator or increase the evaluation, any comments received, and www.regulations.gov by searching for scope of this AD. other information. The street address for and locating Docket No. FAA–2017– the Docket Office (telephone 800–647– Related Service Information Under 1 0626. 5527) is Docket Management Facility, CFR Part 51 U.S. Department of Transportation, Comments Bombardier, Inc., issued Service Docket Operations, M–30, West We gave the public the opportunity to Bulletin 604–22–007, Revision 01, dated Building Ground Floor, Room W12–140, participate in developing this AD. The July 25, 2016; and Service Bulletin 605– 1200 New Jersey Avenue SE, following presents the comment 22–002, Revision 01, dated July 25, Washington, DC 20590. received on the NPRM and the FAA’s 2016. This service information describes FOR FURTHER INFORMATION CONTACT: response to that comment. procedures for modifying the wiring Cesar Gomez, Aerospace Engineer, harness for the yaw damper control Airframe and Mechanical Systems Request To Clarify Airplane Model system. These documents are distinct Section, FAA, New York ACO Branch, That Experienced In-Flight since they apply to different airplane 1600 Stewart Avenue, Suite 410, Uncommanded Rudder Movement configurations. This service information Westbury, NY 11590; telephone 516– Bombardier, Inc., requested that the is reasonably available because the 228–7318; fax 516–794–5531. Reason section (paragraph (e) of the interested parties have access to it SUPPLEMENTARY INFORMATION: proposed AD) be revised to clarify that through their normal course of business

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or by the means identified in the Costs of Compliance We estimate the following costs to ADDRESSES section. We estimate that this AD affects 120 comply with this AD: airplanes of U.S. registry.

ESTIMATED COSTS

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

Modification ...... 50 work-hours × $85 per hour = $4,250 ...... Up to $478 ...... Up to $4,728 ...... Up to $567,360.

According to the manufacturer, some For the reasons discussed above, I (e) Reason of the costs of this AD may be covered certify that this AD: This AD was prompted by reports of in- under warranty, thereby reducing the 1. Is not a ‘‘significant regulatory flight uncommanded rudder movements on cost impact on affected individuals. We action’’ under Executive Order 12866; airplanes with an installation similar to the do not control warranty coverage for installation on certain Model CL–600–2B16 2. Is not a ‘‘significant rule’’ under the (CL–604 Variant) airplanes. We are issuing affected individuals. As a result, we DOT Regulatory Policies and Procedures have included all costs in our cost this AD to prevent in-flight uncommanded (44 FR 11034, February 26, 1979); rudder movements, which could lead to estimate. 3. Will not affect intrastate aviation in structural failure and subsequent loss of the Authority for This Rulemaking Alaska; and airplane. Title 49 of the United States Code 4. Will not have a significant (f) Compliance specifies the FAA’s authority to issue economic impact, positive or negative, Comply with this AD within the rules on aviation safety. Subtitle I, on a substantial number of small entities compliance times specified, unless already section 106, describes the authority of under the criteria of the Regulatory done. the FAA Administrator. ‘‘Subtitle VII: Flexibility Act. (g) Modification Aviation Programs,’’ describes in more List of Subjects in 14 CFR Part 39 Within 48 months after the effective date detail the scope of the Agency’s of this AD: Modify the wiring harness for the authority. Air transportation, Aircraft, Aviation yaw damper control system, in accordance We are issuing this rulemaking under safety, Incorporation by reference, with the Accomplishment Instructions of the the authority described in ‘‘Subtitle VII, Safety. applicable service information identified in Part A, Subpart III, Section 44701: paragraphs (g)(1) and (g)(2) of this AD. General requirements.’’ Under that Adoption of the Amendment (1) For airplanes having serial numbers (S/ section, Congress charges the FAA with Ns) 5301 through 5665 inclusive: Bombardier Accordingly, under the authority Service Bulletin 604–22–007, Revision 01, promoting safe flight of civil aircraft in delegated to me by the Administrator, air commerce by prescribing regulations dated July 25, 2016. the FAA amends 14 CFR part 39 as (2) For airplanes having S/Ns 5701 through for practices, methods, and procedures follows: 5911 inclusive, 5913, and 5914: Bombardier the Administrator finds necessary for Service Bulletin 605–22–002, Revision 01, safety in air commerce. This regulation PART 39—AIRWORTHINESS dated July 25, 2016. is within the scope of that authority DIRECTIVES because it addresses an unsafe condition (h) Part Installation Limitation that is likely to exist or develop on ■ 1. The authority citation for part 39 As of the effective date of this AD, no person may install on any airplane a yaw products identified in this rulemaking continues to read as follows: action. damper actuator having part number 622– This AD is issued in accordance with Authority: 49 U.S.C. 106(g), 40113, 44701. 9968–002, unless the modification required by paragraph (g) of this AD has been authority delegated by the Executive § 39.13 [Amended] accomplished. Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. ■ 2. The FAA amends § 39.13 by adding (i) Credit for Previous Actions In accordance with that order, issuance the following new airworthiness This paragraph provides credit for the of ADs is normally a function of the directive (AD): modification required by paragraph (g) of this Compliance and Airworthiness 2018–06–06 Bombardier, Inc.: Amendment AD, if the modification was performed before Division, but during this transition 39–19226; Docket No. FAA–2017–0626; the effective date of this AD using the period, the Executive Director has Product Identifier 2016–NM–210–AD. applicable service information identified in paragraph (i)(1) or (i)(2) of this AD. delegated the authority to issue ADs (a) Effective Date (1) Bombardier Service Bulletin 604–22– applicable to transport category This AD is effective April 19, 2018. 007, dated June 23, 2015. airplanes to the Director of the System (2) Bombardier Service Bulletin 605–22– Oversight Division. (b) Affected ADs 002, dated June 23, 2015. Regulatory Findings None. (j) Other FAA AD Provisions We determined that this AD will not (c) Applicability The following provisions also apply to this have federalism implications under This AD applies to Bombardier, Inc., AD: Executive Order 13132. This AD will Model CL–600–2B16 (CL–604 Variant) (1) Alternative Methods of Compliance not have a substantial direct effect on airplanes, certificated in any category, serial (AMOCs): The Manager, New York ACO Branch, FAA, has the authority to approve the States, on the relationship between numbers (S/Ns) 5301 through 5665 inclusive, 5701 through 5911 inclusive, 5913, and 5914. AMOCs for this AD, if requested using the the national government and the States, procedures found in 14 CFR 39.19. In or on the distribution of power and (d) Subject accordance with 14 CFR 39.19, send your responsibilities among the various Air Transport Association (ATA) of request to your principal inspector or local levels of government. America Code 22, Autopilot System. Flight Standards District Office, as

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appropriate. If sending information directly www.archives.gov/federal-register/cfr/ibr- published yearly and effective on to the manager of the certification office, locations.html. September 15. send it to ATTN: Program Manager, Issued in Des Moines, Washington, on FOR FURTHER INFORMATION CONTACT: John Continuing Operational Safety, FAA, New March 6, 2018. York ACO Branch, 1600 Stewart Avenue, Fornito, Operations Support Group, Suite 410, Westbury, NY 11590; telephone Michael Kaszycki, Eastern Service Center, Federal Aviation 516–228–7300; fax 516–794–5531. Before Acting Director, System Oversight Division, Administration, 1701 Columbia Avenue, using any approved AMOC, notify your Aircraft Certification Service. College Park, Georgia 30337; telephone appropriate principal inspector, or lacking a [FR Doc. 2018–05021 Filed 3–14–18; 8:45 am] (404) 305–6364. principal inspector, the manager of the local BILLING CODE 4910–13–P SUPPLEMENTARY INFORMATION: flight standards district office/certificate holding district office. Authority for This Rulemaking (2) Contacting the Manufacturer: For any DEPARTMENT OF TRANSPORTATION The FAA’s authority to issue rules requirement in this AD to obtain corrective regarding aviation safety is found in actions from a manufacturer, the action must Federal Aviation Administration Title 49 of the United States Code. be accomplished using a method approved Subtitle I, Section 106 describes the by the Manager, New York ACO Branch, 14 CFR Part 71 FAA; or Transport Canada Civil Aviation authority of the FAA Administrator. (TCCA); or Bombardier, Inc.’s TCCA Design [Docket No. FAA–2017–0953; Airspace Subtitle VII, Aviation Programs, Approval Organization (DAO). If approved by Docket No. 17–AEA–15] describes in more detail the scope of the the DAO, the approval must include the agency’s authority. This rulemaking is DAO-authorized signature. Amendment of Class E Airspace; promulgated under the authority (k) Related Information Massena, NY described in Subtitle VII, Part A, Subpart I, Section 40103. Under that AGENCY: Federal Aviation (1) Refer to Mandatory Continuing section, the FAA is charged with Airworthiness Information (MCAI) Canadian Administration (FAA), DOT. prescribing regulations to assign the use AD CF–2016–38, effective December 12, ACTION: Final rule. 2016, for related information. This MCAI of airspace necessary to ensure the may be found in the AD docket on the SUMMARY: This action amends Class E safety of aircraft and the efficient use of internet at http://www.regulations.gov by surface airspace and Class E airspace airspace. This regulation is within the searching for and locating Docket No. FAA– extending upward from 700 feet above scope of that authority as it amends 2017–0626. the surface at Massena, NY, as the Class E airspace at Massena (2) For more information about this AD, Massena collocated VHF International-Richards Field Airport., contact Cesar Gomez, Aerospace Engineer, omnidirectional range tactical air Massena, NY, to support IFR operations Airframe and Mechanical Systems Section, at the airport. FAA, New York ACO Branch, 1600 Stewart navigation system (VORTAC) has been Avenue, Suite 410, Westbury, NY 11590; decommissioned, requiring airspace History telephone 516–228–7318; fax 516–794–5531. reconfiguration at Massena The FAA published a notice of (3) Service information identified in this International-Richards Field Airport. proposed rulemaking in the Federal AD that is not incorporated by reference is Controlled airspace is necessary for the Register for Docket No. FAA–2017–0953 available at the addresses specified in safety and management of instrument (82 FR 57888, December 8, 2017), paragraphs (l)(3) and (l)(4) of this AD. flight rules (IFR) operations at the proposing to amend Class E surface airport. This action also updates the (l) Material Incorporated by Reference airspace and Class E airspace extending geographic coordinates of this airport. (1) The Director of the Federal Register upward from 700 feet or more above the approved the incorporation by reference DATES: Effective 0901 UTC, May 24, surface at Massena International- (IBR) of the service information listed in this 2018. The Director of the Federal Richards Field Airport., Massena, NY. paragraph under 5 U.S.C. 552(a) and 1 CFR Register approves this incorporation by Interested parties were invited to part 51. reference action under title 1, Code of (2) You must use this service information participate in this rulemaking effort by Federal Regulations, part 51, subject to submitting written comments on the as applicable to do the actions required by the annual revision of FAA Order this AD, unless this AD specifies otherwise. proposal to the FAA. No comments (i) Bombardier, Inc., Service Bulletin 604– 7400.11 and publication of conforming were received. 22–007, Revision 01, dated July 25, 2016. amendments. Class E airspace designations are (ii) Bombardier, Inc., Service Bulletin 605– ADDRESSES: FAA Order 7400.11B, published in paragraphs 6002 and 6005, 22–002, Revision 01, dated July 25, 2016. Airspace Designations and Reporting respectively, of FAA Order 7400.11B (3) For service information identified in Points, and subsequent amendments can dated August 3, 2017, and effective this AD, contact Bombardier, Inc., 400 Coˆte- be viewed online at http://www.faa.gov/ September 15, 2017, which is Vertu Road West, Dorval, Que´bec H4S 1Y9, air_traffic/publications/. For further Canada; Widebody Customer Response incorporated by reference in 14 CFR Center North America toll-free telephone 1– information, you can contact the part 71.1. The Class E airspace 866–538–1247 or direct-dial telephone 1– Airspace Policy Group, Federal Aviation designations listed in this document 514–855–2999; fax 514–855–7401; email Administration, 800 Independence will be published subsequently in the [email protected]; internet http:// Avenue SW, Washington, DC 20591; Order. www.bombardier.com. telephone (202) 267–8783. The Order is (4) You may view this service information also available for inspection at the Availability and Summary of at the FAA, Transport Standards Branch, National Archives and Records Documents for Incorporation by 2200 South 216th St., Des Moines, WA. For Administration (NARA). For Reference information on the availability of this information on the availability of FAA This document proposes to amend material at the FAA, call 206–231–3195. FAA Order 7400.11B, Airspace (5) You may view this service information Order 7400.11A at NARA, call (202) that is incorporated by reference at the 741–6030, or go to https:// Designations and Reporting Points, National Archives and Records www.archives.gov/federal-register/cfr/ dated August 3, 2017, and effective Administration (NARA). For information on ibr-locations.html. September 15, 2017. FAA Order the availability of this material at NARA, call FAA Order 7400.11, Airspace 7400.11B is publicly available as listed 202–741–6030, or go to: http:// Designations and Reporting Points, is in the ADDRESSES section of this

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document. FAA Order 7400.11B lists Lists of Subjects in 14 CFR Part 71 DEPARTMENT OF TRANSPORTATION Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting Airspace, Incorporation by reference, Federal Aviation Administration points. Navigation (air). 14 CFR Part 71 The Rule Adoption of the Amendment [Docket No. FAA–2017–1064; Airspace This action amends Title 14 Code of In consideration of the foregoing, the Docket No. 17–ANM–32] Federal Regulations (14 CFR) part 71 by Federal Aviation Administration amending Class E surface airspace and amends 14 CFR part 71 as follows: Establishment of Class E Airspace, Class E airspace extending upward from Yuma, CO 700 feet above the surface at Massena PART 71—DESIGNATION OF CLASS A, International-Richards Field Airport, B, C, D, AND E AIRSPACE AREAS; AIR AGENCY: Federal Aviation Massena, NY. The segment within 1.8 TRAFFIC SERVICE ROUTES; AND Administration (FAA), DOT. miles each side of the Massena REPORTING POINTS ACTION: Final rule. VORTAC 286° radial extending from the SUMMARY: This action establishes Class 4-mile radius to the VORTAC is ■ 1. The authority citation for part 71 E airspace extending upward from 700 removed in Class E surface airspace; and continues to read as follows: feet above the surface at Yuma the segment within 2.7 miles each side Municipal Airport, Yuma, CO, to of the Massena VORTAC 106° radial Authority: 49 U.S.C. 106(f), 106(g); 40103, accommodate new area navigation extending from the 7.4-mile radius to 7 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, (RNAV) procedures at the airport. This miles east of the VORTAC is removed in 1959–1963 Comp., p. 389. action is necessary for the safety and Class E airspace extending upward from § 71.1 [Amended] management of instrument flight rules 700 feet above the surface, due to the (IFR) operations within the National decommissioning of the Massena ■ 2. The incorporation by reference in Airspace System. VORTAC, and cancelation of associated 14 CFR 71.1 of Federal Aviation approaches. This action enhances the Administration Order 7400.11B, DATES: Effective 0901 UTC, May 24, safety and management of IFR Airspace Designations and Reporting 2018. The Director of the Federal Register approves this incorporation by operations at the airport. Points, dated August 3, 2017, effective reference action under Title 1, Code of The geographic coordinates of the September 15, 2017, is amended as Federal Regulations, part 51, subject to airport are adjusted to coincide with the follows: FAA’s aeronautical database the annual revision of FAA Order Paragraph 6002 Class E Surface Area 7400.11 and publication of conforming Regulatory Notices and Analyses Airspace. amendments. The FAA has determined that this * * * * * ADDRESSES: FAA Order 7400.11B, Airspace Designations and Reporting regulation only involves an established AEA NY E2 Massena, NY [Amended] body of technical regulations for which Points, and subsequent amendments can frequent and routine amendments are Massena International-Richards Field be viewed online at http://www.faa.gov/ _ necessary to keep them operationally Airport, NY air traffic/publications/. For further (Lat. 44°56′11″ N, long. 74°50′42″ W) current. Therefore, this regulation: (1) Is information, you can contact the not a ‘‘significant regulatory action’’ Within a 4-mile radius of the Massena Airspace Policy Group, Federal Aviation under Executive Order 12866; (2) is not International-Richards Field Airport, Administration, 800 Independence a ‘‘significant rule’’ under DOT excluding the airspace within Canada. Avenue SW, Washington, DC 20591; Regulatory Policies and Procedures (44 Paragraph 6005 Class E Airspace Areas telephone: (202) 267–8783. The Order is FR 11034; February 26, 1979) and (3) Extending Upward From 700 Feet or More also available for inspection at the does not warrant preparation of a Above the Surface of the Earth. National Archives and Records Administration (NARA). regulatory evaluation as the anticipated * * * * * impact is so minimal. Since this is a For information on the availability of routine matter that only affects air traffic AEA NY E5 Massena, NY [Amended] this material at NARA, call (202) 741– procedures and air navigation, it is Massena International-Richards Field 6030, or go to https://www.archives.gov/ certified that this rule, when Airport, NY federal-register/cfr/ibr-locations.html. promulgated, does not have a significant (Lat. 44°56′11″ N, long. 74°50′42″ W) FAA Order 7400.11, Airspace Designations and Reporting Points, is economic impact on a substantial That airspace extending upward from 700 published yearly and effective on number of small entities under the feet above the surface within a 7.4-mile September 15. criteria of the Regulatory Flexibility Act. radius of Massena International-Richards FOR FURTHER INFORMATION CONTACT: Tom Environmental Review Field Airport, excluding the airspace within Canada. Clark, Federal Aviation Administration, The FAA has determined that this Operations Support Group, Western Issued in College Park, Georgia, on March action qualifies for categorical exclusion Service Center, 2200 S. 216th Street, Des 6, 2018. under the National Environmental Moines, WA 98198; telephone (206) Policy Act in accordance with FAA Ryan W. Almasy, 231–2253. Order 1050.1F, ‘‘Environmental Manager, Operations Support Group, Eastern SUPPLEMENTARY INFORMATION: Impacts: Policies and Procedures,’’ Service Center, Air Traffic Organization. paragraph 5–6.5a. This airspace action [FR Doc. 2018–05045 Filed 3–14–18; 8:45 am] Authority for This Rulemaking is not expected to cause any potentially BILLING CODE 4910–13–P The FAA’s authority to issue rules significant environmental impacts, and regarding aviation safety is found in no extraordinary circumstances exist Title 49 of the United States Code. that warrant preparation of an Subtitle I, Section 106 describes the environmental assessment. authority of the FAA Administrator.

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Subtitle VII, Aviation Programs, body of technical regulations for which ANM CO E5 Yuma, CO [New] describes in more detail the scope of the frequent and routine amendments are Yuma Municipal Airport, CO agency’s authority. This rulemaking is necessary to keep them operationally (Lat. 40°06′21″ N, long. 102°42′52″ W) promulgated under the authority current, is non-controversial and That airspace extending upward from 700 described in Subtitle VII, Part A, unlikely to result in adverse or negative feet above the surface within a 6.4-mile Subpart I, Section 40103. Under that comments. It, therefore: (1) Is not a radius of Yuma Municipal Airport. section, the FAA is charged with ‘‘significant regulatory action’’ under Issued in Seattle, Washington, on March 5, prescribing regulations to assign the use Executive Order 12866; (2) is not a 2018. of airspace necessary to ensure the ‘‘significant rule’’ under DOT Shawn M. Kozica, safety of aircraft and the efficient use of Regulatory Policies and Procedures (44 Manager, Operations Support Group, Western airspace. This regulation is within the FR 11034; February 26, 1979); and (3) Service Center. scope of that authority as it establishes does not warrant preparation of a [FR Doc. 2018–05047 Filed 3–14–18; 8:45 am] Class E airspace extending upward from Regulatory Evaluation as the anticipated BILLING CODE 4910–13–P 700 feet above the earth at Yuma impact is so minimal. Since this is a Municipal Airport, Yuma, CO, to routine matter that only affects air traffic support IFR operations at the airport. procedures and air navigation, it is DEPARTMENT OF TRANSPORTATION certified that this rule, when History promulgated, will not have a significant Federal Aviation Administration The FAA published a notice of economic impact on a substantial proposed rulemaking in the Federal number of small entities under the 14 CFR Part 71 Register (82 FR 58144; December 11, criteria of the Regulatory Flexibility Act. 2017) for Docket No. FAA–2017–1064 to [Docket No. FAA–2017–0969; Airspace establish Class E airspace extending Environmental Review Docket No. 17–ANM–18] upward from 700 feet above the surface The FAA has determined that this Amendment of Class D and Class E at Yuma Municipal Airport, Yuma, CO. action qualifies for categorical exclusion Airspace; Twin Falls, ID Interested parties were invited to under the National Environmental participate in this rulemaking effort by Policy Act in accordance with FAA AGENCY: Federal Aviation submitting written comments on the Order 1050.1F, ‘‘Environmental Administration (FAA), DOT. proposal to the FAA. No comments Impacts: Policies and Procedures,’’ ACTION: Final rule. were received. paragraph 5–6.5a. This airspace action Class E airspace designations are is not expected to cause any potentially SUMMARY: This action modifies Class E published in paragraph 6005 of FAA significant environmental impacts, and airspace designated as an extension, and Order 7400.11B, dated August 3, 2017, no extraordinary circumstances exist modifies Class E airspace extending and effective September 15, 2017, which that warrant preparation of an upward from 700 feet above the surface is incorporated by reference in 14 CFR environmental assessment. at Joslin Field-Magic Valley Regional 71.1. The Class E airspace designation Airport, Twin Falls, ID. Also, the part- listed in this document will be Lists of Subjects in 14 CFR Part 71 time Notice to Airmen (NOTAM) status published subsequently in the Order. is removed from Class E airspace Airspace, Incorporation by reference, designated as an extension. Availability and Summary of Navigation (air). Documents for Incorporation by Additionally, an editorial change is Reference Adoption of the Amendment made to the Class D airspace, Class E surface airspace, and Class E extension This document amends FAA Order In consideration of the foregoing, the airspace legal descriptions replacing 7400.11B, Airspace Designations and Federal Aviation Administration ‘‘Airport/Facility Directory’’ with the Reporting Points, dated August 3, 2017, amends 14 CFR part 71 as follows: term ‘‘Chart Supplement.’’ Also, this and effective September 15, 2017. FAA action removes the words ‘‘Twin Falls’’ PART 71—DESIGNATION OF CLASS A, Order 7400.11B is publicly available as from the airport name in the airspace B, C, D, AND E AIRSPACE AREAS; AIR listed in the ADDRESSES section of this designations for Class D and E airspace. TRAFFIC SERVICE ROUTES; AND document. FAA Order 7400.11B lists These actions are necessary to REPORTING POINTS Class A, B, C, D, and E airspace areas, accommodate airspace redesign for the air traffic service routes, and reporting safety and management of instrument ■ points. 1. The authority citation for part 71 flight rules (IFR) operations within the continues to read as follows: The Rule National Airspace System. Authority: 49 U.S.C. 106(f), 106(g); 40103, The FAA is amending Title 14 Code DATES: Effective 0901 UTC, May 24, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 2018. The Director of the Federal of Federal Regulations (14 CFR) part 71 1959–1963 Comp., p. 389. by establishing Class E airspace Register approves this incorporation by extending upward from 700 feet above § 71.1 [Amended] reference action under Title 1, Code of the surface within a 6.4-mile radius of Federal Regulations, part 51, subject to ■ 2. The incorporation by reference in the annual revision of FAA Order Yuma Municipal Airport, Yuma, CO. 14 CFR 71.1 of FAA Order 7400.11B, This airspace is necessary to 7400.11 and publication of conforming Airspace Designations and Reporting amendments. accommodate the development of Points, dated August 3, 2017, and RNAV (IFR) operations in standard ADDRESSES: FAA Order 7400.11B, effective September 15, 2017, is Airspace Designations and Reporting instrument approach and departure amended as follows: procedures at the airport. Points, and subsequent amendments can Paragraph 6005 Class E Airspace Areas be viewed online at http://www.faa.gov/ Regulatory Notices and Analyses Extending Upward From 700 Feet or More air_traffic/publications/. For further The FAA has determined that this Above the Surface of the Earth. information, you can contact the regulation only involves an established * * * * * Airspace Policy Group, Federal Aviation

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Administration, 800 Independence designations listed in this document unlikely to result in adverse or negative Avenue SW, Washington, DC 20591; will be published subsequently in the comments. It, therefore: (1) Is not a telephone: (202) 267–8783. The Order is Order. ‘‘significant regulatory action’’ under also available for inspection at the Executive Order 12866; (2) is not a Availability and Summary of National Archives and Records ‘‘significant rule’’ under DOT Documents for Incorporation by Administration (NARA). For Regulatory Policies and Procedures (44 Reference information on the availability of this FR 11034; February 26, 1979); and (3) material at NARA, call (202) 741–6030, This document amends FAA Order does not warrant preparation of a or go to https://www.archives.gov/ 7400.11B, Airspace Designations and Regulatory Evaluation as the anticipated federal-register/cfr/ibr-locations.html. Reporting Points, dated August 3, 2017, impact is so minimal. Since this is a FAA Order 7400.11, Airspace and effective September 15, 2017. FAA routine matter that only affects air traffic Designations and Reporting Points, is Order 7400.11B is publicly available as procedures and air navigation, it is published yearly and effective on listed in the ADDRESSES section of this certified that this rule, when September 15. document. FAA Order 7400.11B lists promulgated, will not have a significant FOR FURTHER INFORMATION CONTACT: Tom Class A, B, C, D, and E airspace areas, economic impact on a substantial Clark, Federal Aviation Administration, air traffic service routes, and reporting number of small entities under the Operations Support Group, Western points. criteria of the Regulatory Flexibility Act. Service Center, 2200 S. 216th Street, Des The Rule Environmental Review Moines, WA 98198; telephone (206) The FAA is amending Title 14 Code 231–2253. The FAA has determined that this of Federal Regulations (14 CFR) Part 71 action qualifies for categorical exclusion SUPPLEMENTARY INFORMATION: by modifying Class E airspace under the National Environmental Authority for This Rulemaking designated as an extension to a Class D Policy Act in accordance with FAA or Class E surface area, and Class E The FAA’s authority to issue rules Order 1050.1F, ‘‘Environmental airspace extending upward from 700 Impacts: Policies and Procedures,’’ regarding aviation safety is found in feet above the surface at Joslin Field- Title 49 of the United States Code. paragraph 5–6.5a. This airspace action Magic Valley Regional Airport, Twin is not expected to cause any potentially Subtitle I, Section 106 describes the Falls, ID. authority of the FAA Administrator. significant environmental impacts, and Class E airspace designated as an no extraordinary circumstances exist Subtitle VII, Aviation Programs, extension to a Class D or Class E surface describes in more detail the scope of the that warrant preparation of an area is reduced to a 5-mile wide environmental assessment. agency’s authority. This rulemaking is segment (from 8.6-miles wide) promulgated under the authority extending to 7 miles (from 9.2 miles) Lists of Subjects in 14 CFR Part 71 described in Subtitle VII, Part A, east, and a 5-mile wide segment (from Airspace, Incorporation by reference, Subpart I, Section 40103. Under that 8.6 miles wide) extending to 7.1 miles Navigation (air). section, the FAA is charged with (from 9.2 miles) west of the airport. prescribing regulations to assign the use Also, the part-time Notice to Airmen Adoption of the Amendment of airspace necessary to ensure the (NOTAM) status is removed from Class In consideration of the foregoing, the safety of aircraft and the efficient use of E airspace designated as an extension, Federal Aviation Administration airspace. This regulation is within the as this airspace is continuous. amends 14 CFR part 71 as follows: scope of that authority as it modifies Class E airspace extending upward Class D and E airspace at Joslin Field- from 700 feet above the surface is PART 71—DESIGNATION OF CLASS A, Magic Valley Regional Airport, Twin reduced to a 12-mile wide segment B, C, D, AND E AIRSPACE AREAS; AIR Falls, ID, in support of IFR operations at (from a 16.5-mile segment) extending to TRAFFIC SERVICE ROUTES; AND the airport. 21.9 miles (from 26.1 miles) east, and 16 REPORTING POINTS miles (from 20 miles) west of the History ■ airport. Also, the small extension to 8.2 1. The authority citation for part 71 The FAA published in the Federal miles southeast of the airport is continues to read as follows: Register (82 FR 57556; December 6, removed. Authority: 49 U.S.C. 106(f), 106(g); 40103, 2017) for Docket FAA–2017–0969, a Finally, this action replaces the 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, notice of proposed rulemaking to outdated term ‘‘Airport/Facility 1959–1963 Comp., p. 389. modify Class D airspace, Class E surface Directory’’ with the term ‘‘Chart § 71.1 [Amended] area airspace, Class E airspace Supplement’’ in the Class D, and Class designated as an extension, and Class E E surface airspace legal descriptions, ■ 2. The incorporation by reference in airspace extending upward from 700 and removes the words ‘‘Twin Falls’’ 14 CFR 71.1 of FAA Order 7400.11B, feet above the surface at Joslin Field- from the airport name in the airspace Airspace Designations and Reporting Magic Valley Regional Airport, Twin designations for Class D and E airspace Points, dated August 3, 2017, and Falls, ID. Interested parties were invited noted in this action. effective September 15, 2017, is to participate in this rulemaking effort These modifications are necessary for amended as follows: by submitting written comments on the the safety and management of IFR ANM ID D Twin Falls, ID [Amended] proposal to the FAA. No comments operations at the airport. were received. Joslin Field-Magic Valley Regional Airport, Regulatory Notices and Analyses ID Class D and E airspace designations (Lat. 42°28′55″ N, long. 114°29′16″ W) are published in paragraph 5000, 6002, The FAA has determined that this That airspace extending upward from the 6004, and 6005, respectively, of FAA regulation only involves an established surface to and including 6,700 feet MSL Order 7400.11B, dated August 3, 2017, body of technical regulations for which within a 4.3-mile radius of Joslin Field-Magic and effective September 15, 2017, which frequent and routine amendments are Valley Regional Airport. This Class D is incorporated by reference in 14 CFR necessary to keep them operationally airspace area is effective during the specific 71.1. The Class D and E airspace current, is non-controversial and dates and times established in advance by a

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Notice to Airmen. The effective date and time DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: will thereafter be continuously published in the Chart Supplement. Federal Aviation Administration Authority for This Rulemaking Paragraph 6002 Class E Airspace Areas The FAA’s authority to issue rules Designated as Surface Areas. 14 CFR Part 71 regarding aviation safety is found in Title 49 of the United States Code. * * * * * [Docket No. FAA–2017–0986; Airspace Docket No. 17–ANM–16] Subtitle I, Section 106 describes the ANM ID E2 Twin Falls, ID [Amended] authority of the FAA Administrator. Joslin Field-Magic Valley Regional Airport, Amendment of Class D and Class E Subtitle VII, Aviation Programs, ID Airspace; Lewiston, ID describes in more detail the scope of the (Lat. 42°28′55″ N, long. 114°29′16″ W) agency’s authority. This rulemaking is AGENCY: Federal Aviation promulgated under the authority That airspace within a 4.3-mile radius of Administration (FAA), DOT. Joslin Field-Magic Valley Regional Airport. described in Subtitle VII, Part A, ACTION: Final rule. This Class E airspace area is effective during Subpart I, Section 40103. Under that section, the FAA is charged with the specific dates and times established in SUMMARY: This actions amends prescribing regulations to assign the use advance by a Notice to Airmen. The effective controlled airspace at Lewiston-Nez of airspace necessary to ensure the date and time will thereafter be continuously Perce County Airport, Lewiston, ID, by safety of aircraft and the efficient use of published in the Chart Supplement. enlarging Class D airspace, and Class E airspace. This regulation is within the surface airspace, and reducing Class E Paragraph 6004 Class E Airspace Areas scope of that authority as it modifies airspace designated as an extension, and Designated as an Extension to a Class D or Class D and E airspace at Lewiston-Nez Class E airspace extending upward from Class E Surface Area. Perce County Airport, Lewiston, ID, in 700 feet above the surface. Also, this * * * * * support of IFR operations at the airport. action removes the part-time Notice to ANM ID E4 Twin Falls, ID [Amended] Airmen (NOTAM) status from Class E History airspace designated as an extension. Joslin Field-Magic Valley Regional Airport, The FAA published in the Federal Additionally, an editorial change is ID Register (82 FR 57558; December 6, ° ′ ″ ° ′ ″ made to the legal descriptions replacing (Lat. 42 28 55 N, long. 114 29 16 W) 2017) for Docket FAA–2017–0986, a ‘‘Airport/Facility Directory’’ with the That airspace extending upward from the notice of proposed rulemaking to ° term ‘‘Chart Supplement’’. This action surface within 2.5 miles each side of the 087 modify Class D airspace, Class E surface enhances safety and management of bearing from Joslin Field-Magic Valley area airspace, Class E airspace instrument flight rules (IFR) operations Regional Airport extending from the 4.3 mile designated as an extension, and Class E at the airport. radius of the airport to 7 miles east of the airspace extending upward from 700 airport, and within 2.5 miles each side of the DATES: Effective 0901 UTC, May 24, ° feet above the surface at Lewiston-Nez airport 274 bearing extending from the 2018. The Director of the Federal Perce County Airport, Lewiston, ID. airport 4.3-mile radius to 7.1 miles west of Register approves this incorporation by Interested parties were invited to the airport. reference action under Title 1, Code of participate in this rulemaking effort by ANM ID E5 Twin Falls, ID [Amended] Federal Regulations, part 51, subject to submitting written comments on the the annual revision of FAA Order Joslin Field-Magic Valley Regional Airport, proposal to the FAA. One comment was 7400.11 and publication of conforming received. ID amendments. (Lat. 42°28′55″ N, long. 114°29′16″ W) ADDRESSES: FAA Order 7400.11B, Discussion of Comments That airspace extending upward from 700 Airspace Designations and Reporting feet above the surface within 4.3 miles south The commenter objected to the ° Points, and subsequent amendments can expansion of Class D airspace based on and 8 miles north of the 091 bearing from be viewed online at http://www.faa.gov/ Joslin Field-Magic Valley Regional Airport a belief that the FAA erred in air_traffic/publications/. For further calculating the Class D area radius as extending from the airport to 22 miles east information, you can contact the of the airport, and within 4.3 miles south and described in FAA Order 7400.2K, Airspace Policy Group, Federal Aviation 8 miles north of the airport 275° bearing Procedures for Handling Airspace Administration, 800 Independence extending from the airport to 16 miles west Matters, Chapter 17, Figure 17–2–1, Avenue SW, Washington, DC 20591; of the airport. That airspace extending specifically by enlarging the Class D telephone: (202) 267–8783. The Order is upward from 1,200 feet above the surface area from a 4.1-mile radius to a 4.3-mile bounded by a line beginning at lat. 43°22′00″ also available for inspection at the radius. After a second review, the FAA N, long. 115°08′00″ W; to lat. 43°09′00″ N, National Archives and Records agrees a 4.1-mile radius for some areas long. 114°03′00″ W; to lat. 42°33′00″ N, long. Administration (NARA). For of the Class D is sufficient. The 114°03′00″ W; to lat. 42°18′00″ N, long. information on the availability of this proposed enlargement of Class D 114°06′00″ W; to lat. 41°48′00″ N, long. material at NARA, call (202) 741–6030, airspace to a 4.3-mile radius was not 115°00′00″ W; to lat. 43°01′00″ N, long. or go to https://www.archives.gov/ based on Figure 17–2–1, but instead was 115°20′00″ W, thence to the point of federal-register/cfr/ibr-locations.html. intended to contain all IFR circling beginning. FAA Order 7400.11, Airspace aircraft utilizing an expanded circling Designations and Reporting Points, is approach maneuvering airspace radius. Issued in Seattle, Washington, on March 6, published yearly and effective on After a second review the FAA has 2018. September 15. determined the proposed Class D Shawn M. Kozica, FOR FURTHER INFORMATION CONTACT: Tom airspace east, southeast, and west would Manager, Operations Support Group, Western Clark, Federal Aviation Administration, adequately contain the circling aircraft. Service Center. Operations Support Group, Western The FAA will therefore preserve Class D [FR Doc. 2018–05050 Filed 3–14–18; 8:45 am] Service Center, 2200 S. 216th Street, Des airspace within a 4.1-mile radius of the BILLING CODE 4910–13–P Moines, WA 98198; telephone (206) airport where additional airspace is not 231–2253. required.

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The commenter also objected to the air traffic service routes, and reporting Additionally, this action replaces the proposed expansion of Class D airspace points. term ‘‘Airport/Facility Directory’’ with greater than 2 miles beyond the 4.1-mile the term ‘‘Chart Supplement’’ in the The Rule radius based on FAA Order 7400.2K Class D and Class E surface airspace. paragraph 17–2–7 (d) ARRIVAL The FAA is amending Title 14 Code Regulatory Notices and Analyses EXTENSIONS, stating all extensions of Federal Regulations (14 CFR) part 71 should be Class E. The FAA does not by modifying Class D airspace, Class E The FAA has determined that this agree. The proposed expansion areas of airspace designated as a surface area, regulation only involves an established Class D airspace east, southeast, and Class E airspace designated as an body of technical regulations for which west are not arrival extensions, but are extension, and Class E airspace frequent and routine amendments are designed to contain the specific extending upward from 700 feet above necessary to keep them operationally departure procedures for the airport in the surface at Lewiston-Nez Perce current, is non-controversial and accordance with paragraph 17–2–6 County Airport, Lewiston, ID. This unlikely to result in adverse or negative DEPARTURES. The expanded areas are airspace redesign is necessary for the comments. It, therefore: (1) Is not a therefore a part of the Class D and safety and management of instrument ‘‘significant regulatory action’’ under should not be Class E extensions. flight rules operations at the airport. Executive Order 12866; (2) is not a The commenter also states that ‘‘Class Class D and Class E surface area ‘‘significant rule’’ under DOT D should be a basic round circle’’. The airspace are amended to within a 4.1- Regulatory Policies and Procedures (44 FAA does not agree. Paragraph 17–2–1 mile radius of the airport (no change) FR 11034; February 26, 1979); and (3) ° CONFIGURATION states that the Class from the airport 290 bearing clockwise does not warrant preparation of a ° D size and shape may vary to allow for to the airport 066 bearing; and within Regulatory Evaluation as the anticipated safe and efficient handling of a 5.1-mile radius of the airport (from the impact is so minimal. Since this is a operations, and must be sized to contain 4.1-mile radius) from the airport 066° ° routine matter that only affects air traffic the intended operations. Use of a basic bearing clockwise to the airport 115 procedures and air navigation, it is circle of Class D airspace would result bearing; and within a 6.6-mile radius of certified that this rule, when in an excessive degree of airspace the airport (from the 4.1-mile radius) promulgated, will not have a significant restriction. The shape of the proposed from the airport 115° bearing clockwise ° economic impact on a substantial Class D airspace area is designed to to the airport 164 bearing; and within number of small entities under the contain the existing IFR operations at a 4.3-mile radius of the airport (from the criteria of the Regulatory Flexibility Act. the airport with a minimum of airspace 4.1-mile radius) from the airport 164° restriction, thereby protecting the bearing clockwise to the airport 230° Environmental Review public’s right to freedom of transit. bearing; and within a 6.6-mile radius of The FAA has determined that this Lastly, the commenter suggests the the airport (from the 4.1-mile radius) action qualifies for categorical exclusion FAA has not complied with paragraph from the airport 230° bearing clockwise ° under the National Environmental 17–1–2, REGIONAL/SERVICE AREA to the airport 290 bearing. Also, the Policy Act in accordance with FAA OFFICE EVALUATION, by failing to class D airspace extending upward from Order 1050.1F, ‘‘Environmental follow the policies and procedures the surface is reduced to up to and Impacts: Policies and Procedures,’’ within FAA Order 7400.2L. The FAA including 2,700 feet MSL (from 3,900 paragraph 5–6.5a. This airspace action does not agree. The proposed airspace feet). is not expected to cause any potentially Class E airspace designated as an modifications were designed based on significant environmental impacts, and extension is modified to within 1.0 mile the requirements contained within FAA no extraordinary circumstances exist each side of the 100° bearing from the Order 7400.2L. This action by its very that warrant preparation of an airport extending from the 5.1-mile nature is intended to ensure the airspace environmental assessment. configuration at Lewiston-Nez Perce radius of the airport to 7.9 miles east of County Airport, Lewiston, ID is in the airport (from 2.7 miles each side of Lists of Subjects in 14 CFR Part 71 compliance with FAA policies and the Lewiston-Nez Perce ILS localizer Airspace, Incorporation by reference, guidelines. course extending from the 4.1-mile Navigation (air). Class D and E airspace designations radius of the airport to 14 miles east), are published in paragraph 5000, 6002, and within 1.0 mile each side of the Adoption of the Amendment ° 6004, and 6005, respectively, of FAA 313 bearing from the airport extending In consideration of the foregoing, the Order 7400.11B, dated August 3, 2017, from the airport 4.1-mile radius to 6.1 Federal Aviation Administration and effective September 15, 2017, which miles northwest of the airport (from 3.5 amends 14 CFR part 71 as follows: is incorporated by reference in 14 CFR miles each side of the Nez Perce VOR/ 71.1. The Class D and E airspace DME 266° radial extending from the 4.1- PART 71—DESIGNATION OF CLASS A, designations listed in this document mile radius of the airport to 13.1 miles B, C, D, AND E AIRSPACE AREAS; AIR will be published subsequently in the west of the airport). Also, the part-time TRAFFIC SERVICE ROUTES; AND Order. Notice to Airmen (NOTAM) status is REPORTING POINTS removed. Availability and Summary of Class E airspace extending upward ■ 1. The authority citation for part 71 Documents for Incorporation by from 700 feet above the surface is continues to read as follows: Reference modified to within a 6.3-mile radius of Authority: 49 U.S.C. 106(f), 106(g); 40103, This document amends FAA Order the airport, and within 8.5 miles north 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 7400.11B, Airspace Designations and and 4.3 miles south of the airport 099° 1959–1963 Comp., p. 389. Reporting Points, dated August 3, 2017, and 279° bearings extending to 27.8 and effective September 15, 2017. FAA miles east and 22.5 miles west of the § 71.1 [Amended] Order 7400.11B is publicly available as airport (from an irregularly shaped ■ 2. The incorporation by reference in listed in the ADDRESSES section of this polygon generally extending to 19 miles 14 CFR 71.1 of FAA Order 7400.11B, document. FAA Order 7400.11B lists northeast, 24 miles east, 19 miles Airspace Designations and Reporting Class A, B, C, D, and E airspace areas, southeast, and 25 miles west). Points, dated August 3, 2017, and

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effective September 15, 2017, is ANM ID E5 Lewiston, ID [Amended] ACTION: Final rule. amended as follows: Lewiston-Nez Perce County Airport, ID (Lat. 46°22′28″ N, long. 117°00′55″ W) SUMMARY: This final rule amends the Paragraph 5000 Class D Airspace. That airspace upward from 700 feet above Pension Benefit Guaranty Corporation’s * * * * * the surface within a 6.3-mile radius of regulations on Benefits Payable in ANM ID D Lewiston, ID [Amended] Lewiston-Nez Perce County Airport, and Terminated Single-Employer Plans and within 8.5 miles north and 4.3 miles south Allocation of Assets in Single-Employer Lewiston-Nez Perce County Airport, ID of the airport 099° and 279° bearings (Lat. 46°22′28″ N, long. 117°00′55″ W) Plans to prescribe interest assumptions extending to 27.8 miles east and 22.5 miles under the benefit payments regulation That airspace extending upward from the west of the airport; that airspace extending surface to and including 2,700 feet MSL for valuation dates in April 2018 and upward from 1,200 feet above the surface interest assumptions under the asset within a 4.1-mile radius from Lewiston-Nez within a 62-mile radius of the Lewiston-Nez Perce County Airport clockwise from the Perce County Airport, and within 24 miles allocation regulation for valuation dates ° ° airport 290 bearing to the 066 bearing, and each side of the 056° bearing from the airport in the second quarter of 2018. The within a 5.1-mile radius of the airport from extending from the 62-mile radius to 92 miles interest assumptions are used for ° ° the 066 bearing to the airport 115 bearing northeast of the airport. valuing and paying benefits under and within a 6.6-mile radius of the airport ° ° Issued in Seattle, Washington, on March 5, terminating single-employer plans from the 115 bearing to the airport 164 covered by the pension insurance bearing, and within a 4.1-mile radius of the 2018. airport from the airport 164° bearing to the Shawn M. Kozica, system administered by PBGC. airport 230° bearing, and within a 6.6-mile Manager, Operations Support Group, Western DATES: Effective April 1, 2018. ° radius of the airport from the 230 bearing to Service Center. FOR FURTHER INFORMATION CONTACT: the airport 290° bearing. This Class D [FR Doc. 2018–05049 Filed 3–14–18; 8:45 am] Hilary Duke ([email protected]), airspace area is effective during the specific dates and times established in advance by a BILLING CODE 4910–13–P Assistant General Counsel for Notice to Airmen. The effective date and time Regulatory Affairs, Pension Benefit will thereafter be continuously published in Guaranty Corporation, 1200 K Street the Chart Supplement. DEPARTMENT OF LABOR NW, Washington, DC 20005, 202–326– 4400, ext. 3839. (TTY users may call the Paragraph 6002 Class E Airspace Designated as Surface Areas Occupational Safety and Health Federal relay service toll free at 1–800– Administration 877–8339 and ask to be connected to * * * * * 202–326–4400, ext. 3839.) ANM ID E2 Lewiston, ID [Amended] 29 CFR Part 1910 SUPPLEMENTARY INFORMATION: PBGC’s Lewiston-Nez Perce County Airport, ID regulations on Allocation of Assets in (Lat. 46°22′28″ N, long. 117°00′55″ W) Vinyl Chloride Single-Employer Plans (29 CFR part That airspace extending upward from the CFR Correction 4044) and Benefits Payable in surface within a 4.1-mile radius from the Terminated Single-Employer Plans (29 Lewiston-Nez Perce County Airport ■ In Title 29 of the Code of Federal CFR part 4022) prescribe actuarial clockwise from the airport 290° bearing to the Regulations, Part 1910.1000 to End, ° assumptions—including interest 066 bearing, and within a 5.1-mile radius of revised as of July 1, 2017, on page 81, assumptions—for valuing and paying the airport from the 066° bearing to the in § 1910.1017, paragraph (n) is ° plan benefits under terminating single- airport 115 bearing and within a 6.6-mile reinstated to read as follows: radius of the airport from the 115° bearing to employer plans covered by title IV of the airport 164° bearing, and within a 4.1- § 1910.1017 Vinyl chloride. the Employee Retirement Income Security Act of 1974. The interest mile radius of the airport from the airport * * * * * 164° bearing to the airport 230° bearing, and assumptions in the regulations are also (n) The employer must, within 15 within a 6.6-mile radius of the airport from published on PBGC’s website (http:// working days after the receipt of the the 230° bearing to the airport 290° bearing. www.pbgc.gov). results of any monitoring performed This Class E airspace area is effective during The interest assumptions in appendix under this section, notify each affected the specific dates and times established in B to part 4044 are used to value benefits advance by a Notice to Airmen. The effective employee of these results and the steps for allocation purposes under ERISA date and time will thereafter be continuously being taken to reduce exposures within section 4044. PBGC uses the interest published in the Chart Supplement. the permissible exposure limit either assumptions in appendix B to part 4022 individually in writing or by posting the Paragraph 6004 Class E Airspace to determine whether a benefit is results in an appropriate location that is Designated as an Extension to a Class D or payable as a lump sum and to determine Class E Surface Area accessible to affected employees. the amount to pay. Appendix C to part * * * * * [FR Doc. 2018–05312 Filed 3–14–18; 8:45 am] 4022 contains interest assumptions for ANM ID E4 Lewiston, ID [Amended] BILLING CODE 1301–00–D private-sector pension practitioners to Lewiston-Nez Perce County Airport, ID refer to if they wish to use lump-sum (Lat. 46°22′28″ N, long. 117°00′55″ W) interest rates determined using PBGC’s PENSION BENEFIT GUARANTY That airspace within one mile each side of historical methodology. Currently, the the 100° bearing from the Lewiston-Nez Perce CORPORATION rates in appendices B and C of the County Airport extending from the airport benefit payment regulation are the same. 5.1-mile radius to 7.9 miles east of the 29 CFR Parts 4022 and 4044 The interest assumptions are intended airport, and within 1.0 mile each side of the to reflect current conditions in the 313° bearing from the airport extending from Allocation of Assets in Single- Employer Plans; Benefits Payable in financial and annuity markets. the airport 4.1-mile radius to 6.1 miles Assumptions under the asset allocation northwest of the airport. Terminated Single-Employer Plans; Interest Assumptions for Valuing and regulation are updated quarterly; Paragraph 6005 Class E Airspace Areas Paying Benefits assumptions under the benefit payments Extending Upward From 700 Feet or More regulation are updated monthly. This Above the Surface of the Earth AGENCY: Pension Benefit Guaranty final rule updates the benefit payments * * * * * Corporation. interest assumptions for April 2018 and

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updates the asset allocation interest PBGC has determined that notice and List of Subjects assumptions for the second quarter public comment on this amendment are 29 CFR Part 4022 (April through June) of 2018. impracticable and contrary to the public Employee benefit plans, Pension The second quarter 2018 interest interest. This finding is based on the insurance, Pensions, Reporting and assumptions under the allocation need to determine and issue new recordkeeping requirements. regulation will be 2.27 percent for the interest assumptions promptly so that first 20 years following the valuation the assumptions can reflect current 29 CFR Part 4044 market conditions as accurately as date and 2.59 percent thereafter. In Employee benefit plans, Pension possible. comparison with the interest insurance, Pensions. assumptions in effect for the first Because of the need to provide In consideration of the foregoing, 29 quarter of 2018, these interest immediate guidance for the valuation CFR parts 4022 and 4044 are amended assumptions represent no change in the and payment of benefits under plans as follows: select period (the period during which with valuation dates during April 2018, the select rate (the initial rate) applies), PBGC finds that good cause exists for PART 4022—BENEFITS PAYABLE IN a decrease of 0.12 percent in the select making the assumptions set forth in this TERMINATED SINGLE-EMPLOYER rate, and a decrease of 0.01 percent in amendment effective less than 30 days PLANS the ultimate rate (the final rate). after publication. PBGC has determined ■ The April 2018 interest assumptions that this action is not a ‘‘significant 1. The authority citation for part 4022 under the benefit payments regulation regulatory action’’ under the criteria set continues to read as follows: will be 1.00 percent for the period forth in Executive Order 12866. Authority: 29 U.S.C. 1302, 1322, 1322b, 1341(c)(3)(D), and 1344. during which a benefit is in pay status Because no general notice of proposed and 4.00 percent during any years rulemaking is required for this ■ 2. In appendix B to part 4022, Rate Set preceding the benefit’s placement in pay amendment, the Regulatory Flexibility 294 is added at the end of the table to status. In comparison with the interest Act of 1980 does not apply. See 5 U.S.C. read as follows: assumptions in effect for March 2018, 601(2). these interest assumptions represent a Appendix B to Part 4022—Lump Sum 0.25 percent increase in the immediate Interest Rates for PBGC Payments rate and no changes in i1, i2, or i3. * * * * *

For plans with a valuation date Immediate Deferred annuities Rate annuity rate (percent) set On or after Before (percent) i1 i2 i3 n1 n2

******* 294 .... 4–1–18 5–1–18 1.00 4.00 4.00 4.00 7 8

■ 3. In appendix C to part 4022, Rate Set Appendix C to Part 4022—Lump Sum 294 is added at the end of the table to Interest Rates for Private-Sector read as follows: Payments * * * * *

For plans with a valuation date Immediate Deferred annuities Rate annuity rate (percent) set On or after Before (percent) i1 i2 i3 n1 n2

******* 294 .... 4–1–18 5–1–18 1.00 4.00 4.00 4.00 7 8

PART 4044—ALLOCATION OF Authority: 29 U.S.C. 1301(a), 1302(b)(3), Appendix B to Part 4044—Interest ASSETS IN SINGLE-EMPLOYER 1341, 1344, 1362. Rates Used To Value Benefits PLANS ■ 5. In appendix B to part 4044, an entry * * * * * ■ 4. The authority citation for part 4044 for ‘‘April–June 2018’’ is added at the continues to read as follows: end of the table to read as follows:

For valuation dates occurring in the The values of it are: month— it for t = it for t = it for t =

******* April–June 2018 ...... 0.0227 1–20 0.0259 >20 N/A N/A

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Issued in Washington, DC. the proposed short-term closure of the Type the docket number in the Deborah Chase Murphy, draw. ‘‘SEARCH’’ box and click ‘‘SEARCH’’. Assistant General Counsel, Pension Benefit Vessels that can pass under the bridge Click on Open Docket Folder on the line Guaranty Corporation. without an opening may do so at all associated with this deviation. [FR Doc. 2018–05197 Filed 3–14–18; 8:45 am] times. The bridge will be able to open FOR FURTHER INFORMATION CONTACT: If BILLING CODE 7709–02–P for emergencies. There is no alternate you have questions on this modified route for vessels to pass. temporary deviation, call or email Mr. The Coast Guard will also inform the Michael R. Thorogood, Bridge DEPARTMENT OF HOMELAND users of the waterways through our Administration Branch Fifth District, SECURITY Local and Broadcast Notices to Mariners Coast Guard, telephone 757–398–6557, of the change in operating schedule for email [email protected]. Coast Guard the bridge so that vessel operators can SUPPLEMENTARY INFORMATION: On arrange their transits to minimize any February 1, 2018, the Coast Guard 33 CFR Part 117 impact caused by the temporary published a temporary deviation deviation. [Docket No. USCG–2018–0108] entitled, ‘‘Drawbridge Operation In accordance with 33 CFR 117.35(e), Regulation; New Jersey Intracoastal Drawbridge Operation Regulation; the drawbridge must return to its regular Waterway, Beach Thorofare, Margate Narrow Bay, Suffolk County, NY operating schedule immediately at the City, NJ’’ in the Federal Register (83 FR end of the effective period of this 4585). That document resulted from Ole AGENCY: Coast Guard, DHS. temporary deviation. This deviation Hansen and Sons, Inc.’s, request for a ACTION: Notice of deviation from from the operating regulations is temporary deviation, occurring from 7 drawbridge regulation. authorized under 33 CFR 117.35. a.m. on February 26, 2018, through 7 Dated: March 6, 2018. SUMMARY: The Coast Guard has issued a p.m. on March 12, 2018, from normal temporary deviation from the operating Christopher J. Bisignano, operation of the drawbridge to facilitate schedule that governs the Smith Point Supervisory Bridge Management Specialist, bridge maintenance. Subsequent to the Bridge across Narrow Bay, mile 6.1, at First Coast Guard District. approval of that request, Ole Hansen & Suffolk County, New York. This [FR Doc. 2018–05205 Filed 3–14–18; 8:45 am] Sons Inc. requested a modification, deviation is necessary in order to BILLING CODE 9110–04–P extending the temporary deviation from facilitate a Triathlon Event and allows 7:01 p.m. on March 12, 2018, through 7 the bridge to remain in the closed p.m. on March 26, 2018, to allow more position for two hours. DEPARTMENT OF HOMELAND time to perform and complete bridge SECURITY maintenance unable to be performed DATES: This deviation is effective from due to extreme inclement weather 7 a.m. to 9 a.m. on August 5, 2018. Coast Guard events during the previous temporary ADDRESSES: The docket for this deviation. Therefore, the Coast Guard deviation, USCG–2018–0108, is 33 CFR Part 117 modifies the dates of the previously available at http://www.regulations.gov. [Docket No. USCG–2018–0033] approved temporary deviation to allow Type the docket number in the the Margate Boulevard/Margate Bridge ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Drawbridge Operation Regulation; New that carries Margate Boulevard across Click on Open Docket Folder on the line Jersey Intracoastal Waterway, Beach the New Jersey Intracoastal Waterway, associated with this deviation. Thorofare, Margate City, NJ Beach Thorofare, mile 74.0, at Margate FOR FURTHER INFORMATION CONTACT: If City, NJ, to remain in the closed-to- you have questions on this temporary AGENCY: Coast Guard, DHS. navigation position from 7:01 p.m. on deviation, call or email Stephanie ACTION: Notice of deviation from March 12, 2018, through 7 p.m., on Lopez, Bridge Management Specialist, drawbridge regulation; modification. March 26, 2018. The bridge has a First District Bridge Branch, U.S. Coast vertical clearance of 14 feet above mean SUMMARY: The Coast Guard has modified Guard; telephone 212–514–4335, email high water in the close position and a temporary deviation from the [email protected]. unlimited clearance in the open operating schedule that governs the SUPPLEMENTARY INFORMATION: Event position. The current operating Margate Boulevard/Margate Bridge, Power requested and the bridge owner, schedule is set out in 33 CFR 117.5. which carries Margate Boulevard across Suffolk County DPW, concurred with The Beach Thorofare is used by a the New Jersey Intracoastal Waterway, this temporary deviation from the variety of vessels including recreational Beach Thorofare, mile 74.0, at Margate normal operating schedule to facilitate a vessels. The Coast Guard has carefully City, NJ. This modified deviation is Triathlon Event. coordinated the restrictions with The Smith Point Bridge across Narrow necessary to facilitate bridge waterway users in publishing this Bay, mile 6.1, has a vertical clearance of maintenance. This modified deviation temporary deviation. 18 feet at mean high water and 19 feet allows the bridge to remain in the Vessels able to pass through the at mean low water in the closed closed-to-navigation position. bridge in the closed position may do so position. The existing drawbridge DATES: This modified deviation is at any time. The bridge will not be able operating regulation is listed at 33 CFR effective without actual notice from to open for emergencies and there is no 117.799(d). March 15, 2018 through 7 p.m. on immediate alternative route for vessels The temporary deviation will allow March 26, 2018. For the purposes of unable to pass through the bridge in the the Smith Point Bridge to remain closed enforcement, actual notice will be used closed position. The Coast Guard will from 7 a.m. to 9 a.m. on August 5, 2018. from 7:01 p.m. on March 12, 2018 until also inform the users of the waterways Narrow Bay is transited by seasonal March 15, 2018. through our Local and Broadcast recreational vessels. Coordination with ADDRESSES: The docket for this Notices to Mariners of the change in Coast Guard Sector Long Island Sound deviation, [USCG–2018–0033] is operating schedule for the bridge so that has indicated no mariner objections to available at http://www.regulations.gov. vessel operators can arrange their transit

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to minimize any impact caused by the www.regulations.gov, or please contact designated pollutant. However, 40 CFR temporary deviation. the person identified in the FOR FURTHER 60.23(b) and 62.06 provide that if there In accordance with 33 CFR 117.35(e), INFORMATION CONTACT section for are no existing sources of the designated the drawbridge must return to its regular additional availability information. pollutant in the state, the state may operating schedule immediately at the FOR FURTHER INFORMATION CONTACT: submit a letter of certification to that end of the effective period of this Mike Gordon, (215) 814–2039, or by effect (i.e., negative declaration) in lieu temporary deviation. This deviation email at [email protected]. of a plan. The negative declaration exempts the state from the requirements from the operating regulations is SUPPLEMENTARY INFORMATION: authorized under 33 CFR 117.35. of subpart B that require the submittal Dated: March 12, 2018. I. Background of a section 111(d)/129(b) plan. On October 12, 2017 (82 FR 47398 Hal R. Pitts, Sections 111(d) and 129 of the CAA require states to submit plans to control and 82 FR 47421), EPA simultaneously Bridge Program Manager, Fifth Coast Guard published a notice of proposed District. certain pollutants (designated pollutants) at existing solid waste rulemaking (NPR) and a direct final rule [FR Doc. 2018–05297 Filed 3–14–18; 8:45 am] (DFR) for the City of Philadelphia combustor facilities (designated BILLING CODE 9110–04–P approving a negative declaration from facilities) whenever standards of Philadelphia AMS that there are no performance have been established existing HMIWI units subject to the under section 111(b) for new sources of ENVIRONMENTAL PROTECTION requirements of sections 111(d) and 129 the same type, and EPA has established AGENCY of the CAA in its respective air emission guidelines (EG) for such pollution control jurisdiction. EPA existing sources. CAA section 129 40 CFR Part 62 explained that if it did not receive an directs EPA to establish standards of adverse comment on the NPR, the DFR [EPA–R03–OAR–2017–0453; FRL–9975–33– performance for new sources and Region 3] would take effect with no further emissions guidelines for existing administrative action. EPA received an Approval and Promulgation of State sources for each category of solid waste adverse comment on the NPR and Air Quality Plans for Designated incineration unit. CAA section 129(a) attempted to withdraw the DFR prior to Facilities and Pollutants; City of and (b). EPA also must specify its effective date of December 11, 2017. Philadelphia; Control of Emissions numerical emissions limitations for However, EPA inadvertently did not From Existing Hospital/Medical/ particulate matter (total and fine), withdraw the DFR prior to that date and Infectious Waste Incinerator Units opacity (as appropriate), sulfur dioxide, the rule prematurely became effective hydrogen chloride, oxides of nitrogen, on December 11, 2017, revising 40 CFR AGENCY: Environmental Protection carbon monoxide, lead, cadmium, Agency (EPA). part 62 to reflect the approval of the mercury, and dioxins and negative declaration. In the NPR, EPA ACTION: Final rule. dibenzofurans. CAA section 129(a)(4). had proposed to approve the negative On September 15, 1997 (62 FR 48348), declaration. In this final rulemaking, SUMMARY: EPA is taking final action to EPA first promulgated HMIWI unit new EPA is responding to the comment reaffirm and reapprove a negative source performance standards, 40 CFR submitted on the proposed approval of declaration for existing hospital/ part 60, subpart Ec, and emission the negative declaration and approving medical/infectious waste incinerator guidelines for existing facilities, subpart the negative declaration. This action (HMIWI) units within the City of Ce. These regulations were then supersedes the prior DFR which went in Philadelphia. This negative declaration amended on October 6, 2009 (74 FR to effect prematurely and had an certifies that existing HMIWI units 51368) and on April 4, 2011 (76 FR effective date of December 11, 2017. subject to the requirements of sections 18407). 111(d) and 129 of the Clean Air Act The designated facilities to which the II. State Submittal and EPA Analysis (CAA) do not exist within the EG apply are existing HMIWI units that: jurisdictional boundaries of the Philadelphia AMS has determined (1) Commenced construction on or that there are no existing HMIWI units Philadelphia Air Management Service before June 20, 1996, or for which (AMS). EPA is accepting the negative subject to the requirements of sections modification was commenced on or 111(d) and 129 of the CAA in its declaration in accordance with the before March 16, 1998; or (2) requirements of the CAA. respective air pollution control commenced construction after June 20, jurisdiction. Accordingly, Philadelphia DATES: This rule is effective on April 16, 1996 but no later than December 1, AMS submitted a negative declaration 2018. 2008, or for which modification letter to EPA certifying this fact on ADDRESSES: EPA has established a commenced after March 16, 1998 but no August 2, 2011. The negative docket for this action under Docket ID later than April 6, 2010, with limited declaration letter and EPA’s technical No. EPA–R03–OAR–2017–0453. All exceptions as provided in paragraphs 40 support document for this action are documents in the docket are listed on CFR 60.32e(b) through (h). available in the docket for this the http://www.regulations.gov website. Subpart B and Ce of 40 CFR part 60 rulemaking and online at Although listed in the index, some establish procedures to be followed and www.regulations.gov. information is not publicly available, requirements to be met in the e.g., confidential business information development and submission of state III. Public Comment and EPA Response (CBI) or other information whose plans for controlling designated EPA received one adverse comment disclosure is restricted by statute. pollutants from existing HMIWI on the proposed approval of the Certain other material, such as facilities. Also, 40 CFR part 62 provides negative declaration for existing HMIWI copyrighted material, is not placed on the procedural framework for the units submitted by Philadelphia AMS. the internet and will be publicly submission of these plans. When Comment: The commenter stated that available only in hard copy form. existing designated facilities are located EPA must ensure that no additional Publicly available docket materials are in a state, the state must then develop HMIWI units have been constructed available through http:// and submit a plan for the control of the since the time of Philadelphia’s

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certification letter. The commenter also reconsider the assessment of existing HMIWI units from the asserted that since so much time has Philadelphia AMS’s negative Philadelphia AMS and does not alter passed since the submittal of the declaration. EPA is therefore finalizing the relationship or the distribution of negative declaration, EPA cannot rely the negative declaration for existing power and responsibilities established on such an outdated form of information HMIWI units in this action. in the Clean Air Act. This action also is to ensure no units have been built. not subject to Executive Order 13045 Response: EPA does not agree with IV. Final Action ‘‘Protection of Children from the commenter’s assertion that EPA In this final action, EPA is reaffirming Environmental Health Risks and Safety must ensure that no additional HMIWI and reapproving the previous Risks’’ (62 FR 19885, April 23, 1997), units have been constructed since amendment to part 62 to reflect receipt because it is not economically Philadelphia AMS submitted the of the negative declaration letter from significant. negative declaration on August 2, 2011 Philadelphia AMS. EPA is accepting the With regard to negative declarations in order to finalize this action. As stated negative declaration in accordance with for designated facilities received by EPA in the technical support document for the requirements of the CAA and 40 from states, EPA’s role is to notify the the NPR and the emission guidelines for CFR 60.23(b) and 62.06. public of the receipt of such negative existing HMIWI units (40 CFR 60 declarations and revise 40 CFR part 62 subpart Ce), the designated facilities to V. Statutory and Executive Order accordingly. In this context, in the which the EG apply are existing HMIWI Reviews absence of a prior existing requirement units that: (1) Commenced construction A. General Requirements for the State to use voluntary consensus on or before June 20, 1996, or for which standards (VCS), EPA has no authority Under Executive Order 12866 (58 FR modification was commenced on or to approve or disapprove a CAA section 51735, October 4, 1993), this action is before March 16, 1998; or (2) 111(d)/129 plan negative declaration not a ‘‘significant regulatory action’’ and commenced construction after June 20, submission for failure to use VCS. It therefore is not subject to review by the 1996 but no later than December 1, would thus be inconsistent with Office of Management and Budget. For 2008, or for which modification applicable law for EPA, when it reviews this reason, this action is also not commenced after March 16, 1998 but no a CAA section 111(d)/129 negative subject to Executive Order 13211, later than April 6, 2010, with limited declaration, to use VCS in place of a ‘‘Actions Concerning Regulations That exceptions as provided in paragraphs 40 section 111(d)/129 negative declaration Significantly Affect Energy Supply, CFR 60.32e(b) through (h). 40 CFR that otherwise satisfies the provisions of 60.32e(a). Thus, to obtain EPA approval Distribution, or Use’’ (66 FR 28355, May the Clean Air Act. Thus, the of Philadelphia’s negative declaration 22, 2001). This action merely notifies requirements of section 12(d) of the regarding existing HMIWI units, the public of EPA receipt of a negative National Technology Transfer and Philadelphia only needed to assert no declaration from an air pollution control Advancement Act of 1995 (15 U.S.C. HMIWI units exist that commenced agency without any existing HMIWI 272 note) do not apply. This action does construction before December 1, 2008 or units in their jurisdiction. This action not impose an information collection commenced modification before April 6, imposes no requirements. Accordingly, burden under the provisions of the 2010. Because Philadelphia’s August 2, EPA certifies that this rule will not have Paperwork Reduction Act of 1995 (44 2011 submittal meets that criterion, a significant economic impact on a U.S.C. 3501 et seq.). Philadelphia’s negative declaration did substantial number of small entities B. Submission to Congress and the not need to address whether any new under the Regulatory Flexibility Act (5 Comptroller General units have been constructed since the U.S.C. 601 et seq.). Because this action time of Philadelphia’s certification letter does not impose any additional The Congressional Review Act, 5 on August 2, 2011. EPA’s acceptance of enforceable duty beyond that required U.S.C. 801 et seq., as added by the Small Philadelphia’s negative declaration by state law, it does not contain any Business Regulatory Enforcement therefore is appropriate. unfunded mandate or significantly or Fairness Act of 1996, generally provides HMIWI units constructed in uniquely affect small governments, as that before a rule may take effect, the Philadelphia after the above cited dates described in the Unfunded Mandates agency promulgating the rule must would be considered ‘‘new,’’ as opposed Reform Act of 1995 (Public Law 104–4). submit a rule report, which includes a to ‘‘existing,’’ and therefore would be This action also does not have tribal copy of the rule, to each House of the subject to a separate rule—40 CFR 60 implications because it will not have a Congress and to the Comptroller General subpart Ec, ‘‘Standards of Performance substantial direct effect on one or more of the United States. EPA will submit a for New Stationary Sources: Hospital/ Indian tribes, on the relationship report containing this action and other Medical/Infectious Waste Incinerators.’’ between the Federal Government and required information to the U.S. Senate, EPA is not aware of any new HMIWI Indian tribes, or on the distribution of the U.S. House of Representatives, and units within the jurisdictional power and responsibilities between the the Comptroller General of the United boundaries of Philadelphia AMS. If EPA Federal Government and Indian tribes, States prior to publication of the rule in became aware of a new HMIWI unit in as specified by Executive Order 13175 the Federal Register. A major rule Philadelphia, it would have no bearing (65 FR 67249, November 9, 2000). This cannot take effect until 60 days after it on the approvability of this HMIWI action also does not have Federalism is published in the Federal Register. negative declaration because it only implications because it does not have This action is not a ‘‘major rule’’ as pertains to existing sources. substantial direct effects on the States, defined by 5 U.S.C. 804(2). At the time of Philadelphia’s on the relationship between the national submission, EPA worked with government and the States, or on the C. Petitions for Judicial Review Philadelphia AMS and reviewed distribution of power and Under section 307(b)(1) of the CAA, Philadelphia’s inventory of sources to responsibilities among the various petitions for judicial review of this ensure no existing HMIWI units existed levels of government, as specified in action must be filed in the United States within Philadelphia, and the commenter Executive Order 13132 (64 FR 43255, Court of Appeals for the appropriate has not provided any information to the August 10, 1999). This action merely circuit by May 14, 2018. Filing a contrary that would cause EPA to approves the negative declaration for petition for reconsideration by the

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Administrator of this final rule does not e.g., confidential business information are no existing sources of the designated affect the finality of this action for the (CBI) or other information whose pollutant in the state, the state may purposes of judicial review nor does it disclosure is restricted by statute. submit a letter of certification to that extend the time within which a petition Certain other material, such as effect (i.e., negative declaration) in lieu for judicial review may be filed, and copyrighted material, is not placed on of a plan. The negative declaration shall not postpone the effectiveness of the internet and will be publicly exempts the state from the requirements such rule or action. This action available only in hard copy form. of subpart B that require the submittal approving the negative declaration for Publicly available docket materials are of a CAA section 111(d)/129 plan. existing HMIWI units within the City of available through http:// On October 26, 2017 (82 FR 49563 Philadelphia may not be challenged www.regulations.gov, or please contact and 82 FR 49511), EPA simultaneously later in proceedings to enforce its the person identified in the FOR FURTHER published a notice of proposed requirements. (See section 307(b)(2).) INFORMATION CONTACT section for rulemaking (NPR) and a direct final rule additional availability information. (DFR) for the City of Philadelphia List of Subjects in 40 CFR Part 62 FOR FURTHER INFORMATION CONTACT: approving a negative declaration from Environmental protection, Mike Gordon, (215) 814–2039, or by Philadelphia AMS that there are no Administrative practice and procedure, email at [email protected]. existing SSI units subject to the Air pollution control, Intergovernmental requirements of sections 111(d) and 129 SUPPLEMENTARY INFORMATION: relations, Reporting and recordkeeping of the CAA in its respective air requirements, Waste treatment and I. Background pollution control jurisdiction. EPA received an adverse comment on the disposal. Sections 111(d) and 129 of the CAA rulemaking and withdrew the DFR prior Dated: February 23, 2018. require states to submit plans to control to the effective date on December 26, certain pollutants (designated Cosmo Servidio, 2017 (82 FR 60872). In this final pollutants) at existing solid waste Regional Administrator, Region III. rulemaking, EPA is responding to the combustor facilities (designated [FR Doc. 2018–05294 Filed 3–14–18; 8:45 am] comment submitted on the proposed facilities) whenever standards of BILLING CODE 6560–50–P approval of the negative declaration and performance have been established is approving the negative declaration. under section 111(b) for new sources of ENVIRONMENTAL PROTECTION the same type, and EPA has established II. State Submittal and EPA Analysis AGENCY emission guidelines (EG) for such Philadelphia AMS has determined existing sources. CAA section 129 that there are no existing SSI units 40 CFR Part 62 directs EPA to establish standards of subject to the requirements of sections [EPA–R03–OAR–2017–0509; FRL–9975–38– performance for new sources and 111(d) and 129 of the CAA in its Region 3] emissions guidelines for existing respective air pollution control sources for each category of solid waste jurisdiction. Accordingly, Philadelphia Approval and Promulgation of State incineration unit. CAA section 129(a) AMS submitted a negative declaration Air Quality Plans for Designated and (b). EPA also must specify letter to EPA certifying this fact on Facilities and Pollutants; City of numerical emissions limitations for March 28, 2012. The negative Philadelphia; Control of Emissions particulate matter (total and fine), declaration letter and EPA’s technical From Existing Sewage Sludge opacity (as appropriate), sulfur dioxide, support document for this action are Incineration Units hydrogen chloride, oxides of nitrogen, available in the docket for this carbon monoxide, lead, cadmium, AGENCY: Environmental Protection rulemaking and are available online at mercury, and dioxins and www.regulations.gov. Agency (EPA). dibenzofurans. CAA section 129(a)(4). ACTION: Final rule. On March 21, 2011 (76 FR 15372), III. Public Comments and EPA EPA promulgated SSI unit new source Responses SUMMARY: EPA is taking final action to performance standards, 40 CFR part 60, EPA received one adverse comment notify the public that it has received a subpart LLL, and EG at 40 CFR part 60, on the proposed approval of the negative declaration for sewage sludge subpart MMMM. The designated negative declaration for SSI units incineration (SSI) units within the City facilities to which the EG apply are submitted by Philadelphia AMS. All of Philadelphia. This negative existing SSI units that: (1) Commenced other comments received were either declaration certifies that SSI units construction on or before October 14, supportive of or not specific to this subject to the requirements of sections 2010; (2) meet the definition of a SSI action and thus are not addressed here. 111(d) and 129 of the Clean Air Act unit as defined in 40 CFR 60.5250; and Comment: The commenter stated that (CAA) do not exist in Pennsylvania (3) are not exempt under 40 CFR EPA must confirm that no additional within the jurisdictional boundaries of 60.5065. SSI units exist or have been constructed the Philadelphia Air Management Subpart B of 40 CFR part 60 since the time of Philadelphia’s Service (AMS). EPA is accepting the establishes procedures to be followed certification letter, citing the amount of negative declaration in accordance with and requirements to be met in the time between receipt of the negative the requirements of the CAA. development and submission of state declaration and the proposed approval. DATES: This rule is effective on April 16, plans for controlling designated Response: EPA does not agree with 2018. pollutants. Also, 40 CFR part 62 the commenter’s assertion that EPA ADDRESSES: EPA has established a provides the procedural framework for must ensure that no additional SSI units docket for this action under Docket ID the submission of these plans. When have been constructed since No. EPA–R03–OAR–2017–0509. All designated facilities are located in a Philadelphia AMS submitted the documents in the docket are listed on state, the state must then develop and negative declaration in order to finalize the http://www.regulations.gov website. submit a plan for the control of the this action. As stated in the technical Although listed in the index, some designated pollutant. However, 40 CFR support document for the NPR and in information is not publicly available, 60.23(b) and 62.06 provide that if there the EG for existing SSI units (40 CFR 60,

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subpart MMMM), the designated declaration from an air pollution control Advancement Act of 1995 (15 U.S.C. facilities to which the EG apply are SSI agency without any existing SSI units in 272 note) do not apply. This action does units that: (1) Commenced construction their jurisdiction. This action imposes not impose an information collection on or before October 14, 2010; (2) meet no requirements. Accordingly, EPA burden under the provisions of the the definition of a SSI unit as defined certifies that this rule will not have a Paperwork Reduction Act of 1995 (44 in 40 CFR 60.5250; and (3) are not significant economic impact on a U.S.C. 3501 et seq.). exempt under 40 CFR 60.5065. Thus, for substantial number of small entities B. Submission to Congress and the EPA approval of Philadelphia AMS’ under the Regulatory Flexibility Act (5 Comptroller General negative declaration regarding existing U.S.C. 601 et seq.). Because this action SSI, Philadelphia only needed to assert does not impose any additional The Congressional Review Act, 5 no SSI units exist that commenced enforceable duty beyond that required U.S.C. 801 et seq., as added by the Small construction on or before October 14, by state law, it does not contain any Business Regulatory Enforcement 2010. Because Philadelphia’s negative unfunded mandate or significantly or Fairness Act of 1996, generally provides declaration was submitted on March 28, uniquely affect small governments, as that before a rule may take effect, the 2012—after the October 14, 2010 described in the Unfunded Mandates agency promulgating the rule must deadline to be considered an existing Reform Act of 1995 (Public Law 104–4). submit a rule report, which includes a SSI unit—there is no need to revisit the This action also does not have tribal copy of the rule, to each House of the initial determination of Philadelphia implications because it will not have a Congress and to the Comptroller General AMS that no existing SSI units exist substantial direct effect on one or more of the United States. EPA will submit a within the jurisdictional boundaries of Indian tribes, on the relationship report containing this action and other the local air pollution control agency. between the Federal Government and required information to the U.S. Senate, Prior to Philadelphia’s submission, EPA Indian tribes, or on the distribution of the U.S. House of Representatives, and worked with Philadelphia AMS and power and responsibilities between the the Comptroller General of the United reviewed Philadelphia’s inventory of Federal Government and Indian tribes, States prior to publication of the rule in sources to ensure no existing SSI units as specified by Executive Order 13175 the Federal Register. A major rule existed within Philadelphia, and the (65 FR 67249, November 9, 2000). This cannot take effect until 60 days after it commenter has not provided any action also does not have Federalism is published in the Federal Register. This action is not a ‘‘major rule’’ as information to the contrary that would implications because it does not have defined by 5 U.S.C. 804(2). cause EPA to reconsider the assessment substantial direct effects on the States, of Philadelphia AMS’s negative on the relationship between the national C. Petitions for Judicial Review declaration. EPA’s acceptance of government and the States, or on the Under section 307(b)(1) of the CAA, Philadelphia’s negative declaration distribution of power and petitions for judicial review of this therefore is appropriate. SSI units responsibilities among the various action must be filed in the United States constructed after the above cited date levels of government, as specified in Court of Appeals for the appropriate (i.e., October 14, 2010) would be Executive Order 13132 (64 FR 43255, circuit by May 14, 2018. Filing a considered ‘‘new,’’ as opposed to August 10, 1999). This action merely petition for reconsideration by the ‘‘existing,’’ and therefore would be approves the negative declaration for Administrator of this final rule does not subject to a separate rule—40 CFR 60 existing SSI units from the Philadelphia affect the finality of this action for the subpart LLL, ‘‘Standards of Performance AMS and does not alter the relationship purposes of judicial review nor does it for new Sewage Sludge Incineration or the distribution of power and extend the time within which a petition Units.’’ EPA is therefore finalizing the responsibilities established in the Clean for judicial review may be filed, and negative declaration for existing SSI Air Act. This action also is not subject shall not postpone the effectiveness of units in this action. to Executive Order 13045 ‘‘Protection of such rule or action. This action Children from Environmental Health IV. Final Action approving the negative declaration for Risks and Safety Risks’’ (62 FR 19885, SSI units within the City of In this final action, EPA is amending April 23, 1997), because it is not Philadelphia may not be challenged 40 CFR part 62 to reflect receipt of the economically significant. later in proceedings to enforce its negative declaration letter from With regard to negative declarations requirements. (See section 307(b)(2).) Philadelphia AMS. EPA is accepting the for designated facilities received by EPA List of Subjects in 40 CFR Part 62 negative declaration in accordance with from states, EPA’s role is to notify the the requirements of the CAA and 40 public of the receipt of such negative Environmental protection, CFR 60.23(b) and 62.06. declarations and revise 40 CFR part 62 Administrative practice and procedure, V. Statutory and Executive Order accordingly. In this context, in the Air pollution control, Intergovernmental Reviews absence of a prior existing requirement relations, Reporting and recordkeeping for the State to use voluntary consensus requirements, Waste treatment and A. General Requirements standards (VCS), EPA has no authority disposal. Under Executive Order 12866 (58 FR to approve or disapprove a CAA section Dated: February 23, 2018. 51735, October 4, 1993), this action is 111(d)/129 plan negative declaration Cosmo Servidio, not a ‘‘significant regulatory action’’ and submission for failure to use VCS. It Regional Administrator, Region III. therefore is not subject to review by the would thus be inconsistent with 40 CFR part 62 is amended as follows: Office of Management and Budget. For applicable law for EPA, when it reviews this reason, this action is also not a CAA section 111(d)/129 negative PART 62—APPROVAL AND subject to Executive Order 13211, declaration, to use VCS in place of a PROMULGATION OF STATE PLANS ‘‘Actions Concerning Regulations That section 111(d)/129 negative declaration FOR DESIGNATED FACILITIES AND Significantly Affect Energy Supply, that otherwise satisfies the provisions of POLLUTANTS Distribution, or Use’’ (66 FR 28355, May the Clean Air Act. Thus, the 22, 2001). This action merely notifies requirements of section 12(d) of the ■ 1. The authority citation for part 62 the public of EPA receipt of a negative National Technology Transfer and continues to read as follows:

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Authority: 42 U.S.C. 7401 et seq. information about the docket available submit a copy of the filing (excluding at http://www.epa.gov/dockets. any Confidential Business Information Subpart NN—Pennsylvania FOR FURTHER INFORMATION CONTACT: (CBI)) for inclusion in the public docket. ■ 2. Subpart NN is amended by adding Michael L. Goodis, Director, Information not marked confidential a new undesignated centerheading and Registration Division (7505P), Office of pursuant to 40 CFR part 2 may be § 62.9665 to read as follows: Pesticide Programs, Environmental disclosed publicly by EPA without prior Protection Agency, 1200 Pennsylvania notice. Submit the non-CBI copy of your Emissions From Existing Sewage Sludge Ave. NW, Washington, DC 20460–0001; objection or hearing request, identified Incineration Units Main telephone number: (703) 305– by docket ID number EPA–HQ–OPP– 2016–0365, by one of the following § 62.9665 Identification of plan—negative 7090; email address: RDFRNotices@ declaration. epa.gov. methods: • Federal eRulemaking Portal: http:// Letter from the City of Philadelphia, SUPPLEMENTARY INFORMATION: www.regulations.gov. Follow the online Department of Public Health, submitted I. General Information instructions for submitting comments. March 28, 2012, certifying that there are Do not submit electronically any no existing sewage sludge incineration A. Does this action apply to me? information you consider to be CBI or units within the City of Philadelphia, You may be potentially affected by other information whose disclosure is Pennsylvania that are subject to 40 CFR this action if you are an agricultural restricted by statute. part 60, subpart MMMM. producer, food manufacturer, or • Mail: OPP Docket, Environmental [FR Doc. 2018–05293 Filed 3–14–18; 8:45 am] pesticide manufacturer. The following Protection Agency Docket Center (EPA/ BILLING CODE 6560–50–P list of North American Industrial DC), (28221T), 1200 Pennsylvania Ave. Classification System (NAICS) codes is NW, Washington, DC 20460–0001. not intended to be exhaustive, but rather • Hand Delivery: To make special ENVIRONMENTAL PROTECTION provides a guide to help readers arrangements for hand delivery or AGENCY determine whether this document delivery of boxed information, please follow the instructions at http:// 40 CFR Part 180 applies to them. Potentially affected entities may include: www.epa.gov/dockets/contacts.html. [EPA–HQ–OPP–2016–0365; FRL–9973–20] • Crop production (NAICS code 111). Additional instructions on • Animal production (NAICS code commenting or visiting the docket, Trinexapac-ethyl; Pesticide Tolerances 112). along with more information about • dockets generally, is available at http:// AGENCY: Environmental Protection Food manufacturing (NAICS code Agency (EPA). 311). www.epa.gov/dockets. • Pesticide manufacturing (NAICS ACTION: II. Summary of Petitioned-For Final rule. code 32532). Tolerance SUMMARY: This regulation establishes a B. How can I get electronic access to In the Federal Register of November tolerance for residues of trinexapac- other related information? ethyl in or on poppy, seed. Syngenta 30, 2016 (81 FR 86312) (FRL–9954–06), Crop Protection, LLC requested this You may access a frequently updated EPA issued a document pursuant to tolerance under the Federal Food, Drug, electronic version of EPA’s tolerance FFDCA section 408(d)(3), 21 U.S.C. and Cosmetic Act (FFDCA) in order to regulations at 40 CFR part 180 through 346a(d)(3), announcing the filing of a cover residues of trinexapac-ethyl in the Government Printing Office’s e-CFR pesticide petition (PP 6E8462) by imported poppy seed commodities. site at http://www.ecfr.gov/cgi-bin/text- Syngenta Crop Protection, LLC., P.O. idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ Box 18300, Greensboro, NC 27419. DATES: This regulation is effective 40tab_02.tpl. The petition requested that 40 CFR part March 15, 2018. Objections and requests 180 be amended by establishing a for hearings must be received on or C. How can I file an objection or hearing tolerance for residues of the herbicide before May 14, 2018, and must be filed request? trinexapac-ethyl, ethyl 4- in accordance with the instructions Under FFDCA section 408(g), 21 (cyclopropylhydroxymethylene)-3,5- provided in 40 CFR part 178 (see also U.S.C. 346a, any person may file an dioxocyclohexanecarboxylate expressed Unit I.C. of the SUPPLEMENTARY objection to any aspect of this regulation as its primary metabolite trinexpac, 4- INFORMATION). and may also request a hearing on those (cyclopropylhydroxymethylene)-3,5- ADDRESSES: The docket for this action, objections. You must file your objection dioxocyclohexanecarboxylic acid, in or identified by docket identification (ID) or request a hearing on this regulation on poppy, seed at 8 parts per million number EPA–HQ–OPP–2016–0365, is in accordance with the instructions (ppm). That document referenced a available at http://www.regulations.gov provided in 40 CFR part 178. To ensure summary of the petition prepared by or at the Office of Pesticide Programs proper receipt by EPA, you must Syngenta Crop Protection, LLC, the Regulatory Public Docket (OPP Docket) identify docket ID number EPA–HQ– registrant, which is available in the in the Environmental Protection Agency OPP–2016–0365 in the subject line on docket, http://www.regulations.gov. Docket Center (EPA/DC), West William the first page of your submission. All There were no comments received in Jefferson Clinton Bldg., Rm. 3334, 1301 objections and requests for a hearing response to the notice of filing. Constitution Ave. NW, Washington, DC must be in writing, and must be 20460–0001. The Public Reading Room received by the Hearing Clerk on or III. Aggregate Risk Assessment and is open from 8:30 a.m. to 4:30 p.m., before May 14, 2018. Addresses for mail Determination of Safety Monday through Friday, excluding legal and hand delivery of objections and Section 408(b)(2)(A)(i) of FFDCA holidays. The telephone number for the hearing requests are provided in 40 CFR allows EPA to establish a tolerance (the Public Reading Room is (202) 566–1744, 178.25(b). legal limit for a pesticide chemical and the telephone number for the OPP In addition to filing an objection or residue in or on a food) only if EPA Docket is (703) 305–5805. Please review hearing request with the Hearing Clerk determines that the tolerance is ‘‘safe.’’ the visitor instructions and additional as described in 40 CFR part 178, please Section 408(b)(2)(A)(ii) of FFDCA

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defines ‘‘safe’’ to mean that ‘‘there is a from aggregate exposure to trinexapac- October 4, 1993). Because this action reasonable certainty that no harm will ethyl residues. has been exempted from review under result from aggregate exposure to the For a detailed discussion of the Executive Order 12866, this action is pesticide chemical residue, including aggregate risk assessments and not subject to Executive Order 13211, all anticipated dietary exposures and all determination of safety for these entitled ‘‘Actions Concerning other exposures for which there is tolerances please refer to the May 20, Regulations That Significantly Affect reliable information.’’ This includes 2015, Federal Register document and its Energy Supply, Distribution, or Use’’ (66 exposure through drinking water and in supporting documents, available at FR 28355, May 22, 2001); Executive residential settings, but does not include http://www.regulations.gov in document Order 13045, entitled ‘‘Protection of occupational exposure. Section ‘‘Trinexapac-ethyl; Pesticide Children from Environmental Health 408(b)(2)(C) of FFDCA requires EPA to Tolerances’’ (80 FR 28843, May 20, Risks and Safety Risks’’ (62 FR 19885, give special consideration to exposure 2015) in docket ID number EPA–HQ– April 23, 1997); or Executive Order of infants and children to the pesticide OPP–2014–0340; FRL–9926–62. Further 13771, entitled ‘‘Reducing Regulations chemical residue in establishing a information about EPA’s determination and Controlling Regulatory Costs’’ (82 tolerance and to ‘‘ensure that there is a that an updated risk assessment was not FR 9339, February 3, 2017). This action reasonable certainty that no harm will necessary may be found in the does not contain any information result to infants and children from document ‘‘Trinexapac-ethyl. Section 3 collections subject to OMB approval aggregate exposure to the pesticide Registration Request for New Uses on under the Paperwork Reduction Act chemical residue. . . .’’ Imported Poppy Seeds. Summary of (PRA) (44 U.S.C. 3501 et seq.), nor does Consistent with FFDCA section Analytical Chemistry and Residue Data’’ it require any special considerations 408(b)(2)(D), and the factors specified in in docket ID number EPA–HQ–OPP– under Executive Order 12898, entitled FFDCA section 408(b)(2)(D), EPA has 2016–0365. ‘‘Federal Actions to Address Environmental Justice in Minority reviewed the available scientific data International Residue Limits and other relevant information in Populations and Low-Income In making its tolerance decisions, EPA support of this action. EPA has Populations’’ (59 FR 7629, February 16, seeks to harmonize U.S. tolerances with sufficient data to assess the hazards of 1994). international standards whenever and to make a determination on Since tolerances and exemptions that possible, consistent with U.S. food aggregate exposure for trinexapac-ethyl are established on the basis of a petition safety standards and agricultural including exposure resulting from the under FFDCA section 408(d), such as practices. EPA considers the tolerances established by this action. the tolerance in this final rule, do not international maximum residue limits require the issuance of a proposed rule, In the Federal Register of May 20, (MRLs) established by the Codex the requirements of the Regulatory 2015 (80 FR 28843) (FRL–9926–62), Alimentarius Commission (Codex), as Flexibility Act (RFA) (5 U.S.C. 601 et EPA amended tolerances for herbicide required by FFDCA section 408(b)(4). seq.), do not apply. trinexapac-ethyl, ethyl 4- The Codex Alimentarius is a joint This action directly regulates growers, (cyclopropylhydroxymethylene)-3,5- United Nations Food and Agriculture food processors, food handlers, and food dioxocyclohexanecarboxylate expressed Organization/World Health retailers, not States or tribes, nor does as its primary metabolite trinexpac, 4- Organization food standards program, this action alter the relationships or (cyclopropylhydroxymethylene)-3,5- and it is recognized as an international distribution of power and dioxocyclohexanecarboxylic acid in or food safety standards-setting responsibilities established by Congress on several commodities. Because the organization in trade agreements to in the preemption provisions of FFDCA majority of the Agency’s conclusions which the United States is a party. EPA section 408(n)(4). As such, the Agency remain the same, EPA is incorporating may establish a tolerance that is has determined that this action will not the discussions from the May 20, 2015, different from a Codex MRL; however, have a substantial direct effect on States Federal Register document into this FFDCA section 408(b)(4) requires that or tribal governments, on the document and relying on the same EPA explain the reasons for departing relationship between the national supporting documents. The only from the Codex level. The Codex has not government and the States or tribal difference is the potential to impact established a MRL for trinexapac-ethyl. governments, or on the distribution of dietary exposure; because the use on power and responsibilities among the poppy seeds is not approved in the IV. Conclusion various levels of government or between United States, there is no impact on Therefore, tolerances are established the Federal Government and Indian drinking water exposures or residential for residues of trinexapac-ethyl, ethyl 4- tribes. Thus, the Agency has determined exposures. (cyclopropylhydroxymethylene)-3,5- that Executive Order 13132, entitled The Agency has determined that a dioxocyclohexanecarboxylate expressed ‘‘Federalism’’ (64 FR 43255, August 10, new dietary exposure assessment is not as its primary metabolite trinexpac, 4- 1999) and Executive Order 13175, needed because poppy seed is not a (cyclopropylhydroxymethylene)-3,5- entitled ‘‘Consultation and Coordination significant part of the diet, and residues dioxocyclohexanecarboxylic acid, in or with Indian Tribal Governments’’ (65 FR of trinexapac-ethyl do not concentrate on poppy, seed at 8 ppm. 67249, November 9, 2000) do not apply in poppy seed oil. Therefore, residues in to this action. In addition, this action poppy seed oil are not expected to have V. Statutory and Executive Order does not impose any enforceable duty or an impact on the EPA’s previous Reviews contain any unfunded mandate as findings. Therefore, EPA relies upon the This action establishes a tolerance described under Title II of the Unfunded findings made in the May 20, 2015, under FFDCA section 408(d) in Mandates Reform Act (UMRA) (2 U.S.C. Federal Register document, as well as response to a petition submitted to the 1501 et seq.). the review of the poppy seed data in Agency. The Office of Management and This action does not involve any support of this rule. EPA concludes that Budget (OMB) has exempted these types technical standards that would require there is a reasonable certainty that no of actions from review under Executive Agency consideration of voluntary harm will result to the general Order 12866, entitled ‘‘Regulatory consensus standards pursuant to section population, or to infants and children Planning and Review’’ (58 FR 51735, 12(d) of the National Technology

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Transfer and Advancement Act FEDERAL COMMUNICATIONS Synopsis (NTTAA) (15 U.S.C. 272 note). COMMISSION I. Introduction VI. Congressional Review Act 47 CFR Part 64 1. In this Report and Order, we continue our efforts to modernize our Pursuant to the Congressional Review [WC Docket No. 17–141, CC Docket No. 96– rules by eliminating costly requirements 128, WC Docket No. 16–132; FCC 18–21] Act (5 U.S.C. 801 et seq.), EPA will that are no longer necessary in light of submit a report containing this rule and Modernization of Payphone technological and marketplace changes. other required information to the U.S. Compensation Rules Based on the substantial decline in Senate, the U.S. House of payphone use and corresponding Representatives, and the Comptroller AGENCY: Federal Communications payphone compensation, we eliminate General of the United States prior to Commission rules that are no longer needed to publication of the rule in the Federal ACTION: Final rule. ensure that payphone service providers Register. This action is not a ‘‘major (PSPs) receive the compensation to SUMMARY: In this document, a Report rule’’ as defined by 5 U.S.C. 804(2). which they are entitled. Specifically, and Order takes a number of actions first, we eliminate all payphone call List of Subjects in 40 CFR Part 180 aimed at modernizing the Commission’s tracking system audit and associated payphone compensation procedure Environmental protection, reporting requirements. Second, we rules by eliminating costly requirements revise our rules to permit a company Administrative practice and procedure, that are no longer necessary in light of official other than the chief financial Agricultural commodities, Pesticides technological and marketplace changes. officer (CFO) to certify that a and pests, Reporting and recordkeeping These actions further the Commission’s Completing Carrier’s quarterly requirements. goal of regularly examining and compensation payments to PSPs are Dated: March 7, 2018. updating its rules to keep pace with accurate and complete. A Completing technology and the changing Michael L. Goodis, Carrier is ‘‘a long distance carrier or communications landscape, and to switch-based long distance reseller that Director, Registration Division, Office of eliminate requirements that are no Pesticide Programs. completes a coinless access code or longer necessary, thereby reducing the subscriber toll-free payphone call or a Therefore, 40 CFR chapter I is costs and burdens of rules that have local exchange carrier that completes a amended as follows: outlived their purpose. These have no local, coinless access code or subscriber impact on Completing Carriers’ toll-free payphone call.’’ Our rules PART 180—[AMENDED] continuing obligations under the require that ‘‘a Completing Carrier that Commission’s rules to maintain accurate completes a coinless access code or ■ 1. The authority citation for part 180 call tracking systems and to fully subscriber toll-free payphone call from compensate payphone service providers continues to read as follows: a switch that the Completing Carrier for the calls covered by these rules. Authority: 21 U.S.C. 321(q), 346a and 371. either owns or leases shall compensate DATES: Effective April 16, 2018, except the payphone service provider for that ■ 2. In § 180.662 adding alphabetically for the amendment to 47 CFR call at a rate agreed upon by the parties the entry for ‘‘Poppy, seed imported’’ 64.1310(a)(3), which contains by contract.’’ Finally, we eliminate and footnote 1 to the table in paragraph information collection requirements that expired interim and intermediate per- have not been approved by OMB. The (a) to read as follows: payphone compensation rules that no Federal Communications Commission longer apply to any entity. The actions § 180.662 Trinexapac-ethyl; tolerances for will publish a document in the Federal we take today further our goal of residues. Register announcing the effective date. regularly examining and updating our FOR FURTHER INFORMATION CONTACT: (a) * * * rules to keep pace with technology and Wireline Competition Bureau, the changing communications Competition Policy Division, Michele Parts per landscape, and to eliminate Commodity million Berlove, at (202) 418–1477, requirements that are no longer [email protected]. For additional necessary, thereby reducing the costs information concerning the Paperwork and burdens of rules that have outlived ***** Reduction Act information collection their purpose. requirements contained in this Poppy, seed imported 1 ...... 8 document, send an email to PRA@ II. Background fcc.gov or contact Nicole Ongele at (202) 2. Section 276 of the Communications ***** 418–2991. Act of 1934, as amended, directs the SUPPLEMENTARY INFORMATION: This is a Commission to ensure that PSPs are summary of the Commission’s Report fairly compensated for all completed * * * * * and Order in WC Docket No. 17–141, calls using their payphones. In 2003, the [FR Doc. 2018–05284 Filed 3–14–18; 8:45 am] FCC 18–21, adopted and released Commission revised its rules to require BILLING CODE 6560–50–P February 22, 2018. The full text of this Completing Carriers to establish document is available for public effective call tracking systems, undergo inspection during regular business initial and annual audits verifying the hours in the FCC Reference Information accuracy of those tracking systems, and Center, Portals II, 445 12th Street SW, file associated audit reports with the Room CY–A257, Washington, DC 20554. Commission. It is available on the Commission’s 3. On June 22, 2017, the Commission website at https://transition.fcc.gov/ adopted a Notice of Proposed 1 There are no U.S. registrations for Poppy, seed Daily_Releases/Daily_Business/2018/ Rulemaking and Order (NPRM) as of March 15, 2018. db0222/FCC-18-21A1.pdf. proposing and seeking comment on

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reforms to its payphone compensation between 92 percent and 95 percent of sharing of CFO certifications and audit/ procedures. The NPRM was published adults in the United States own a attestation reports to the industry’’; and in the Federal Register on July 10, 2017 mobile phone. The Pew Center’s (7) ‘‘produc[ing] valuable and detailed (82 FR 31743). Specifically, the NPRM demographic findings regarding mobile End of Quarter reports to the NPC proposed eliminating or revising the phone ownership indicate that 100% of Clients and to the industry to aid in annual audit and associated reporting adults ages 18–29, 99% of adults ages compensation reconciliation.’’ And, the requirements. It also sought comment 30–49, and 97% of adults ages 50–64 Commission retains the authority to on other potential reforms, including own mobile phones. investigate any payphone compensation eliminating the initial audit and 6. The decline in the number of compliance issues of which it becomes associated requirements, and revising payphones reflects a concomitant aware, as today’s actions have no impact the quarterly CFO certification decline in the number of payphone calls on Completing Carriers’ continuing requirement to allow certification by completed, and together these trends obligations under our rules to maintain some other company official. The have led to a massive decrease in the an accurate call tracking system and to Commission received nine comments in amount of compensation paid by fully compensate PSPs for the calls response to its NPRM, all of which Completing Carriers to PSPs. covered by these rules. The requirement support revising the Commission’s CenturyLink and Verizon each maintain that Completing Carriers compensate payphone compensation procedures. that the amount of payphone PSPs for 100 percent of all completed The Commission initiated this compensation paid each year has calls originating from the PSPs’ proceeding in response to waiver declined by over 90 percent in the last payphones remains in place, as does the petitions and to comments filed in the 10 years and 98.5 percent in the last 12 requirement that Completing Carriers 2016 Biennial Review. years, respectively. And Sprint asserts maintain call tracking systems that that since its peak in 2005, the amount ‘‘accurately track[] coinless access code III. Modernizing Payphone of payphone compensation it pays each or subscriber toll-free payphone calls to Compensation Regulatory Obligations year has declined by 99.3 percent. In completion.’’ There have been no formal A. Eliminating Audits and Associated light of the foregoing data, we agree or informal complaints filed with the Requirements with commenters that there is no reason Commission in recent years. to expect the declining trend of 8. Annual Audit Requirement. We 4. Today, we eliminate both the initial payphone use to change. eliminate a Completing Carrier’s and annual audit and all associated 7. Additionally, the record indicates obligation to annually certify that there requirements contained in our that audit requirements are no longer have been no material changes to its payphone compensation compliance needed as safeguards to ensure that payphone call tracking system, an rules. The record strongly supports PSPs receive the compensation they are obligation that required an annual audit these actions, and no commenter due. No commenter refutes this fact. No by the Completing Carrier. In light of the opposes them. formal or informal payphone changed payphone marketplace 5. We identify several reasons why compensation-related complaints have dynamics since this requirement was the audit requirements are no longer been filed with the Commission in adopted and the unanimous record necessary. First, the steady and steep recent years, and there is no evidence of reflecting that the costs of this decline over more than a decade of the looming disputes likely to lead to such requirement far exceed any remaining number of payphones in service complaints in the near future. Many benefit, we find that the annual audit demonstrates that they no longer play as Completing Carriers use clearinghouse and associated reporting requirements critical a role in society’s vendors to calculate and distribute the are no longer necessary. While the communications as they once did, as compensation due to PSPs. These number of payphones and associated would-be users rely instead on mobile clearinghouses act as intermediaries compensation have dramatically subscriptions. At the peak of payphone between PSPs and Completing Carriers, declined, the costs of complying with usage in 1999, over 2.1 million and they have dispute resolution the annual audit requirement have payphones were in service across the procedures in place in the event a either remained steady or increased, United States. By 2013, due to the rapid disagreement regarding the accuracy of dwarfing the compensation paid out. growth of mobile service subscribership, compensation should arise. According For example, Puerto Rico Telephone’s that number had dropped by more than to National Payphone Clearinghouse, its audit cost is now 18 times the amount 90 percent, and subsequently dropped services include: (1) ‘‘electronically of payphone compensation it pays. And again by almost half over the following accept[ing] claims of payphone according to Cincinnati Bell, the cost of three years, with fewer than 100,000 ownership from Payphone Service its audit on a per-call basis increased payphones remaining in service at the Providers (PSPs) and ownership 900%, from $0.10 per call in 2007 to end of 2016. In contrast, mobile voice verification data from the Local over $1.00 per call in 2016. And while subscriptions have consistently grown Exchange Carriers (LECs)’’; (2) Sprint paid $226,920.88 in each year since 1999, when ‘‘validat[ing] the PSP claims against the compensation for fiscal year 2016, an approximately 79.1 million mobile LEC reported data to ensure that the audit, absent the Commission’s waiver voice subscriptions were reported, to correct payphone ownership has been earlier this year, would have cost Sprint approximately 310.7 million in 2013, established’’; (3) us[ing] direct deposit $46,500. Likewise, as noted above, and approximately 341 million mobile to make quarterly compensation Verizon stated that its compensation voice subscriptions in the United States payments to the industry on behalf of payments decreased by 98.5 percent as of the end of 2016. Until 2005, the IXCs’’; (4) serv[ing] its Clients as a from 2004 to 2016. By comparison, however, carriers with under 10,000 control point to facilitate Completing Carriers must pay PSPs subscribers in a state were not required communication with all PSPs and $0.494 per compensable call. to report Form 477 data, so not all Aggregators’’; (5) ‘‘utiliz[ing] a 3rd party 9. Moreover, the record confirms that mobile voice subscriptions were auditor to audit all processes in an effort the only option under the rules to avoid reflected in reported data. Moreover, the to aide their Clients with the FCC an annual audit, i.e., to enter into data show that, as of November 2016, Audit/Attestation requirements’’; (6) alternative compensation agreements over 90 percent of households and ‘‘provid[ing] a central site for the with PSPs, is not an economically

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feasible alternative. We agree with that Completing Carriers provide this such quarterly sworn statements impose commenters that the transaction costs of same information to PSPs on a quarterly some burden on carriers, our action negotiating, implementing, and basis, and that requirement remains in today eliminating the CFO requirement managing alternative compensation effect. We see no added benefit to reduces that burden substantially. But agreements with numerous individual retaining a redundant provision. because ‘‘most completing carriers . . . PSPs would significantly outweigh the Similarly, because Completing Carriers have contracted with vendors to amount of compensation paid. In will no longer be required to conduct calculate their payphone addition, unless a Completing Carrier audits and file audit reports, we compensation,’’ they presumably entered into an alternative eliminate the requirement that already require and receive assurances compensation arrangement with every Completing Carriers make underlying from those vendors upon which they PSP to which it owed compensation, an audit documents available upon request. can rely in making their sworn annual audit would still be required. Aside from the fact that there will be no statements. We also decline the 10. We thus conclude that the associated underlying audit documents suggestion that we replace the quarterly benefits, if any, of the annual audit, for PSPs to request, the record suggests sworn statement with an annual sworn which were expressly adopted ‘‘[t]o PSPs may not have relied on this statement to the PSPs because it was ensure the accuracy’’ of Completing provision, as one Completing Carrier raised for the first time in response to Carriers’ call tracking systems, no longer commenter states it never received a the NPRM and the record is accordingly outweigh the burden imposed on request from a PSP for this information. spare. Completing Carriers, and eliminating Completing Carriers must continue to C. Expired Interim and Intermediate these requirements will avoid retain call verification data for 27 Per-Payphone Compensation Rules unnecessary regulatory costs while not months after submitting their quarterly harming PSPs. For these same reasons, compensation payments and reports to 15. Finally, we eliminate interim and we see no need to adopt a new annual PSPs and provide such data to PSPs intermediate per-payphone self-certification obligation in lieu of the upon request. compensation rules that, by their own annual audit as Sprint and Cincinnati terms, expired 18 and 20 years ago. Bell proposed in their waiver petitions. B. Quarterly Sworn Statement Sections 64.1301(a)–(d) were adopted as 11. Initial Audit Requirement. We 13. We also revise the requirement interim and intermediate compensation likewise eliminate the initial audit and that a Completing Carrier provide a measures to ensure that PSPs remained associated requirements. The drastically sworn statement from its chief financial compensated while carriers established changed communications landscape officer (CFO) certifying to the accuracy effective call-tracking systems. Sections that precipitated the decline in and completeness of its quarterly 64.1301(a)–(c), which established payphones today has similarly made it payphone compensation to PSPs. Under interim default compensation for certain unlikely that many, if any, new carriers our revised rule, any company official types of payphone calls, by its express will become Completing Carriers. with knowledge of and responsibility terms applied for the period ‘‘beginning Moreover, we agree with commenters for the accuracy of payphone November 7, 1996, and ending October that the industry has successfully compensation by the carrier may 6, 1997.’’ Similarly, § 64.1301(d), also developed systems that work to ensure provide the requisite sworn statement. applicable to certain payphone calls, accurate PSP call tracking. Any new We agree with commenters that established default compensation for an Completing Carrier has the benefit of requiring this certification only from a intermediate period ‘‘beginning October this development in establishing its own senior level corporate executive such as 7, 1997, and ending April 20, 1999.’’ No accurate payphone call tracking and the CFO, who necessarily must rely on commenters opposed elimination of compensation system, obviating the assurances from company personnel these rules, nor did they bring any need to expend significant costs responsible for payphone compensation, similarly expired provisions warranting associated with a burdensome initial consumes unnecessary time and elimination to our attention. audit requirement. This is particularly resources. We note that no commenter true in light of the rules that remain in opposed eliminating the CFO IV. Final Regulatory Flexibility place to ensure that PSPs receive the certification. Some Completing Carrier Analysis compensation to which they are commenters do not object to retaining 16. As required by the Regulatory entitled. the CFO sworn statement obligation. Flexibility Act of 1980, as amended 12. Other Audit-Related 14. We decline to eliminate the (RFA), an Initial Regulatory Flexibility Requirements. Finally, because this quarterly sworn statement altogether, as Analysis (IRFA) was incorporated into Order eliminates both the initial and some commenters request. Since PSPs the NPRM for the payphone annual payphone call tracking system have no contractual relationships with compensation proceeding. The audit requirements, the remaining Completing Carriers, the quarterly Commission sought written public requirements associated with these sworn statement accompanying comment on the proposals in the Notice, audit requirements no longer serve any Completing Carriers’ required quarterly including comment on the IRFA. The purpose. Consequently, we eliminate compensation payments remains the Commission received no comments on § 64.1320 in its entirety. As a result, only assurance PSPs now have that they the IRFA. Because the Commission Completing Carriers no longer must file are being appropriately compensated for amends its rules in this Order, the statements with the Commission, PSPs, the use of their payphones. Implicit in Commission has included this Final or other carriers identifying and a certification that the quarterly Regulatory Flexibility Analysis (FRFA). updating contact information for compensation payment ‘‘is accurate and This present FRFA conforms to the persons responsible for handling the is based on 100% of all completed calls RFA. Completing Carrier’s payphone that originated from that payphone compensation. While one commenter service provider’s payphones,’’ as A. Need for, and Objectives of, the Rules suggests that the Commission may wish required under our rules, is the fact that 17. In the NPRM, the Commission to retain this requirement to help the carrier’s payphone call tracking proposed to eliminate the audit and protect PSPs’ rights to full system is necessarily operating associated reporting requirements, compensation, our rules already require effectively. And though we recognize easing the burden on carriers

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responsible for completing coinless D. Description and Estimate of the from the Urban Institute, National access and subscriber toll-free calls Number of Small Entities to Which the Center for Charitable Statistics (NCCS) originating from payphones (Completing Rules Will Apply reporting on nonprofit organizations Carriers). The Commission also 22. The RFA directs agencies to registered with the IRS was used to proposed to revise its rules to allow a provide a description and, where estimate the number of small company official capable of binding the feasible, an estimate of the number of organizations. Reports generated using carrier, as opposed to requiring a small entities that may be affected by the NCCS online database indicated that carrier’s chief financial officer (CFO), to the proposed rules and by the rule as of August 2016 there were 356,494 provide quarterly sworn statements that revisions on which the NPRM seeks registered nonprofits with total revenues compensation to Payphone Service comment, if adopted. The RFA generally of less than $100,000. Of this number, Providers (PSPs) is accurate. defines the term ‘‘small entity’’ as 326,897 entities filed tax returns with 65,113 registered nonprofits reporting Additionally, the Commission proposed having the same meaning as the terms total revenues of $50,000 or less on the to eliminate the interim and ‘‘small business,’’ ‘‘small organization,’’ IRS Form 990–N for Small Exempt intermediate per-phone compensation and ‘‘small governmental jurisdiction.’’ Organizations and 261,784 nonprofits rules. In so doing, the Commission In addition, the term ‘‘small business’’ has the same meaning as the term reporting total revenues of $100,000 or sought to modernize its rules to reflect less on some other version of the IRS the changing communications ‘‘small-business concern’’ under the Small Business Act. Pursuant to 5 Form 990 within 24 months of the landscape based on the substantial August 2016 data release date. decline in payphone use and eliminate U.S.C. 601(3), the statutory definition of 26. Finally, the small entity described interim and intermediate expired rules. a small business applies ‘‘unless an agency, after consultation with the as a ‘‘small governmental jurisdiction’’ 18. Pursuant to these objectives, this Office of Advocacy of the Small is defined generally as ‘‘governments of Order adopts changes to Commission Business Administration and after cities, counties, towns, townships, rules regarding payphone audit and opportunity for public comment, villages, school districts, or special associated reporting requirements and establishes one or more definitions of districts, with a population of less than interim and intermediate rules. The such term which are appropriate to the fifty thousand.’’ U.S. Census Bureau Order adopts changes to the payphone activities of the agency and publishes data from the 2012 Census of rules that: (1) Eliminate the payphone such definition(s) in the Federal Governments indicates that there were call tracking system initial and annual Register.’’ A ‘‘small-business concern’’ 90,056 local governmental jurisdictions audits, (2) eliminate the associated audit is one which: (1) Is independently consisting of general purpose reporting requirements, (3) modify the owned and operated; (2) is not governments and special purpose quarterly sworn statements, allowing a dominant in its field of operation; and governments in the United States. The company official responsible for (3) satisfies any additional criteria Census of Government is conducted payphone compensation for the established by the SBA. every five (5) years compiling data for Completing Carrier to provide quarterly 23. The majority of our changes will years ending with ‘‘2’’ and ‘‘7.’’ Of this sworn statements, and (4) eliminate the affect obligations on carriers who number there were 37,132 General interim and intermediate per-phone complete calls originating from purpose governments (county, municipal and town or township) with compensation rules. The modifications payphones, including incumbent LECs populations of less than 50,000 and to our payphone rules, which reflect the and, in some cases, competitive LECs. 24. Small Businesses, Small 12,184 Special purpose governments changing communications landscape, Organizations, Small Governmental (independent school districts and advance our goals of reducing regulatory Jurisdictions. Our actions, over time, special districts) with populations of burdens and abolishing unnecessary may affect small entities that are not less than 50,000. There were 2,114 rule provisions. easily categorized at present. We county governments with populations B. Summary of Significant Issues Raised therefore describe here, at the outset, less than 50,000. There were 18,811 by Public Comments in Response to the three comprehensive small entity size municipal and 16,207 town and IRFA standards that could be directly affected township governments with populations herein. First, while there are industry less than 50,000. There were 12,184 19. The Commission did not receive specific size standards for small independent school districts with comments specifically addressing the businesses that are used in the enrollment populations less than rules and policies proposed in the IRFA. regulatory flexibility analysis, according 50,000. The 2012 U.S. Census Bureau to data from the SBA’s Office of data for most types of governments in C. Response to Comments by the Chief Advocacy, in general a small business is the local government category shows Counsel for Advocacy of the Small an independent business having fewer that the majority of these governments Business Administration than 500 employees. These types of have populations of less than 50,000. 20. Pursuant to the Small Business small businesses represent 99.9% of all While U.S. Census Bureau data did not Jobs Act of 2010, which amended the businesses in the United States which provide a population breakout for special district governments, if the RFA, the Commission is required to translates to 28.8 million businesses. 25. Next, the type of small entity population of less than 50,000 for this respond to any comments filed by the described as a ‘‘small organization’’ is category of local government is Chief Counsel for Advocacy of the Small generally ‘‘any not-for-profit enterprise consistent with the other types of local Business Administration (SBA), and to which is independently owned and governments the majority of the 38,266 provide a detailed statement of any operated and is not dominant in its special district governments have change made to the proposed rules as a field.’’ Nationwide, as of Aug 2016, populations of less than 50,000. Based result of those comments. there were approximately 356,494 small on this data we estimate that at least 21. The Chief Counsel did not file any organizations based on registration and 49,316 local government jurisdictions comments in response to this tax data filed by nonprofits with the fall in the category of ‘‘small proceeding. Internal Revenue Service (IRS). Data governmental jurisdictions.’’

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27. Wired Telecommunications providers of incumbent local exchange more than 1,500 employees. Carriers. The U.S. Census Bureau service are small businesses that may be Consequently, the Commission defines this industry as ‘‘establishments affected by the rules and policies estimates that the majority of primarily engaged in operating and/or adopted. One thousand three hundred interexchange service providers are providing access to transmission and seven (1,307) Incumbent Local small entities that may be affected by facilities and infrastructure that they Exchange Carriers reported that they rules adopted. own and/or lease for the transmission of were incumbent local exchange service 32. Operator Service Providers (OSPs). voice, data, text, sound, and video using providers. Of this total, an estimated Neither the Commission nor the SBA wired communications networks. 1,006 have 1,500 or fewer employees. has developed a small business size Transmission facilities may be based on 30. Competitive Local Exchange standard specifically for operator a single technology or a combination of Carriers (competitive LECs), Competitive service providers. The appropriate size technologies. Establishments in this Access Providers (CAPs), Shared-Tenant standard under SBA rules is for the industry use the wired Service Providers, and Other Local category Wired Telecommunications telecommunications network facilities Service Providers. Neither the Carriers. Under that size standard, such that they operate to provide a variety of Commission nor the SBA has developed a business is small if it has 1,500 or services, such as wired telephony a small business size standard fewer employees. According to services, including VoIP services, wired specifically for these service providers. Commission data, 33 carriers have (cable) audio and video programming The appropriate NAICS Code category is reported that they are engaged in the distribution, and wired broadband Wired Telecommunications Carriers, as provision of operator services. Of these, internet services. By exception, defined in paragraph 27 of this FRFA. an estimated 31 have 1,500 or fewer establishments providing satellite Under that size standard, such a employees and two have more than television distribution services using business is small if it has 1,500 or fewer 1,500 employees. Consequently, the facilities and infrastructure that they employees. U.S. Census data for 2012 Commission estimates that the majority operate are included in this industry.’’ indicate that 3,117 firms operated of OSPs are small entities that may be The SBA has developed a small during that year. Of that number, 3,083 affected by the adopted rules. business size standard for Wired operated with fewer than 1,000 33. Other Toll Carriers. Neither the Telecommunications Carriers, which employees. Based on this data, the Commission nor the SBA has developed consists of all such companies having Commission concludes that the majority a size standard for small businesses 1,500 or fewer employees. Census data of Competitive LECs, CAPs, Shared- specifically applicable to Other Toll for 2012 show that there were 3,117 Tenant Service Providers, and Other Carriers. This category includes toll firms that operated that year. Of this Local Service Providers are small carriers that do not fall within the total, 3,083 operated with fewer than entities. According to Commission data, categories of interexchange carriers, 1,000 employees. Thus, under this size 1,442 carriers reported that they were operator service providers, prepaid standard, the majority of firms in this engaged in the provision of either calling card providers, satellite service industry can be considered small. competitive local exchange services or carriers, or toll resellers. The closest 28. Local Exchange Carriers (LECs). competitive access provider services. Of applicable NAICS Code category is for Neither the Commission nor the SBA these 1,442 carriers, an estimated 1,256 Wired Telecommunications Carriers, as has developed a size standard for small have 1,500 or fewer employees. In defined in paragraph 27 of this FRFA. businesses specifically applicable to addition, 17 carriers have reported that Under that size standard, such a local exchange services. The closest they are Shared-Tenant Service business is small if it has 1,500 or fewer applicable NAICS Code category is for Providers, and all 17 are estimated to employees. Census data for 2012 show Wired Telecommunications Carriers, as have 1,500 or fewer employees. In that there were 3,117 firms that operated defined in paragraph 27 of this FRFA. addition, 72 carriers have reported that that year. Of this total, 3,083 operated Under that size standard, such a they are Other Local Service Providers. with fewer than 1,000 employees. Thus, business is small if it has 1,500 or fewer Of this total, 70 have 1,500 or fewer under this category and the associated employees. Census data for 2012 show employees. Consequently, the small business size standard, the that there were 3,117 firms that operated Commission estimates that most majority of Other Toll Carriers can be that year. Of this total, 3,083 operated providers of competitive local exchange considered small. According to with fewer than 1,000 employees. The service, competitive access providers, Commission data, 284 companies Commission therefore estimates that Shared-Tenant Service Providers, and reported that their primary most providers of local exchange carrier Other Local Service Providers are small telecommunications service activity was service are small entities that may be entities that may be affected by the the provision of other toll carriage. Of affected by the rules adopted. adopted rules. these, an estimated 279 have 1,500 or 29. Incumbent Local Exchange 31. Interexchange Carriers (IXCs). fewer employees. Consequently, the Carriers (incumbent LECs). Neither the Neither the Commission nor the SBA Commission estimates that most Other Commission nor the SBA has developed has developed a definition for Toll Carriers that may be affected by our a small business size standard Interexchange Carriers. The closest rules are small. specifically for incumbent local NAICS Code category is Wired 34. Payphone Service Providers. exchange services. The closest Telecommunications Carriers as defined Neither the Commission nor the SBA applicable NAICS Code category is in paragraph 27 of this FRFA. The has developed a definition of small Wired Telecommunications Carriers as applicable size standard under SBA entities specifically applicable to defined in paragraph 27 of this FRFA. rules is that such a business is small if payphone service providers (PSPs). The Under that size standard, such a it has 1,500 or fewer employees. closest applicable definition under the business is small if it has 1,500 or fewer According to Commission data, 359 SBA rules is for Wired employees. According to Commission companies reported that their primary Telecommunications Carriers. Under data, 3,117 firms operated in that year. telecommunications service activity was that SBA definition, such a business is Of this total, 3,083 operated with fewer the provision of interexchange services. small if it has 1,500 or fewer employees. than 1,000 employees. Consequently, Of this total, an estimated 317 have According to the Commission’s Form the Commission estimates that most 1,500 or fewer employees and 42 have 499 Filer Database, 1,100 PSPs reported

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that they were engaged in the provision 37. All Other Telecommunications. F. Steps Taken To Minimize the of payphone services. The Commission ‘‘All Other Telecommunications’’ is Significant Economic Impact on Small does not have data regarding how many defined as follows: ‘‘This U.S. industry Entities and Significant Alternatives of these 1,100 companies have 1,500 or is comprised of establishments that are Considered fewer employees. The Commission does primarily engaged in providing 39. The RFA requires an agency to not have data specifying the number of specialized telecommunications describe any significant alternatives that these payphone service providers that services, such as satellite tracking, it has considered in developing its are not independently owned and communications telemetry, and radar approach, which may include the operated, and thus is unable at this time station operation. This industry also following four alternatives (among to estimate with greater precision the includes establishments primarily others): ‘‘(1) the establishment of number of PSPs that would qualify as engaged in providing satellite terminal differing compliance or reporting small business concerns under the stations and associated facilities requirements or timetables that take into SBA’s definition. Consequently, the connected with one or more terrestrial account the resources available to small Commission estimates that there are systems and capable of transmitting entities; (2) the clarification, 1,100 or fewer PSPs that may be affected consolidation, or simplification of by the rules. telecommunications to, and receiving telecommunications from, satellite compliance and reporting requirements 35. Prepaid Calling Card Providers. systems. Establishments providing under the rule for such small entities; The SBA has developed a definition for internet services or voice over internet (3) the use of performance rather than small businesses within the category of design standards; and (4) an exemption Telecommunications Resellers. Under protocol (VoIP) services via client supplied telecommunications from coverage of the rule, or any part that SBA definition, such a business is thereof, for such small entities.’’ connections are also included in this small if it has 1,500 or fewer employees. 40. In this Order, the Commission According to the Commission’s Form industry.’’ The SBA has developed a modifies its payphone rules to reduce 499 Filer Database, 500 companies small business size standard for ‘‘All costs for Completing Carriers, reform reported that they were engaged in the Other Telecommunications,’’ which quarterly sworn statements procedures, provision of prepaid calling cards. The consists of all such firms with gross and eliminate expired interim and Commission does not have data annual receipts of $32.5 million or less. intermediate rules. Overall, we believe regarding how many of these 500 For this category, Census Bureau data the actions in this document will reduce companies have 1,500 or fewer for 2012 show that there were 1,442 burdens on small carriers. employees. Consequently, the firms that operated for the entire year. Commission estimates that there are 500 Of those firms, a total of 1,400 had G. Report to Congress or fewer prepaid calling card providers annual receipts less than $25 million. 41. The Commission will send a copy that may be affected by the rules. Consequently, we conclude that the of the Report and Order, including this 36. Wireless Telecommunications majority of All Other FRFA, in a report to be sent to Congress Carriers (except Satellite). This industry Telecommunications firms can be pursuant to the Congressional Review comprises establishments engaged in considered small. Act. In addition, the Commission will operating and maintaining switching send a copy of the Report and Order, and transmission facilities to provide E. Description of Projected Reporting, including this FRFA, to the Chief communications via the airwaves, such Recordkeeping, and Other Compliance Counsel for Advocacy of the SBA. A as cellular services, paging services, Requirements for Small Entities copy of the Order and FRFA (or wireless internet access, and wireless summaries thereof) will also be video services. The appropriate size 38. Completing Carriers. The Order published in the Federal Register. finds that eliminating the Commission’s standard under SBA rules is that such V. Procedural Matters a business is small if it has 1,500 or payphone call tracking system audit and fewer employees. For this industry, associated reporting requirements A. Final Regulatory Flexibility Analysis reflects changes to the current Census data for 2012 show that there 42. As required by the Regulatory were 967 firms that operated for the communications landscape. The Order Flexibility Act of 1980 (RFA), the entire year. Of this total, 955 firms had determines that due to the substantial Commission has prepared a Final fewer than 1,000 employees. Thus decline in payphone use, Completing Regulatory Flexibility Analysis (FRFA) under this category and the associated Carriers, and the corresponding decline relating to this Report and Order. The size standard, the Commission estimates in payphone compensation, removing FRFA is contained in section IV above. that the majority of wireless the costly audits and associated telecommunications carriers (except requirements outweigh any benefits to B. Paperwork Reduction Act satellite) are small entities. Similarly, PSPs and will ease the burden on small 43. The Order contains modified according to internally developed carriers. The Order also determines that information collection requirements Commission data, 413 carriers reported it is reasonable to allow a company subject to the Paperwork Reduction Act that they were engaged in the provision official responsible for payphone of 1995 (PRA), Public Law 104–13. It of wireless telephony, including cellular compensation for the carrier, as opposed will be submitted to the Office of service, Personal Communications to requiring a carrier’s CFO, to provide Management and Budget (OMB) for Service (PCS), and Specialized Mobile quarterly sworn statements that review under section 3507(d) of the Radio (SMR) services. Of this total, an compensation to PSPs is accurate in PRA. OMB, the general public, and estimated 261 have 1,500 or fewer § 64.1310(a)(3). Additionally, the Order other Federal agencies will be invited to employees. Consequently, the finds it appropriate to eliminate comment on the modified information Commission estimates that §§ 64.1301(a)-(d), the interim and collection requirements contained in approximately half of these firms can be this proceeding. In addition, we note intermediate per-phone compensation considered small. Thus, using available that pursuant to the Small Business rules, as they expired and no longer data, we estimate that the majority of Paperwork Relief Act of 2002, Public apply to any entity. wireless firms can be considered small. Law 107–198, see 44 U.S.C. 3506(c)(4),

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we previously sought specific comment Governmental Affairs Bureau, Reference official with the authority to bind the on how the Commission might further Information Center, shall send a copy of Completing Carrier shall submit to each reduce the information collection this Report and Order to Congress and payphone service provider to which burden for small business concerns with the Government Accountability Office compensation is tendered a sworn fewer than 25 employees. pursuant to the Congressional Review statement that the payment amount for 44. In this document, we have Act, see 5 U.S.C. 801(a)(1)(A). that quarter is accurate and is based on assessed the effects of revising or 51. It is further ordered that the 100% of all completed calls that eliminating certain payphone Commission’s Consumer & originated from that payphone service compensation procedural requirements, Governmental Affairs Bureau, Reference provider’s payphones. Instead of and find that doing so will serve the Information Center, shall send a copy of transmitting individualized statements public interest and is unlikely to this Report and Order, including the to each payphone service provider, a directly affect businesses with fewer Final Regulatory Flexibility Analysis, to Completing Carrier may provide a than 25 employees. the Chief Counsel for Advocacy of the single, blanket sworn statement Small Business Administration, see 5 C. Congressional Review Act addressed to all payphone service U.S.C. 801(a)(1)(A). providers to which compensation is 45. The Commission will send a copy List of Subjects in 47 CFR Part 64 tendered for that quarter and may notify of this Report and Order, including a the payphone service providers of the copy of the Final Regulatory Flexibility Common carriers, Communications, sworn statement through any electronic Certification, in a report to Congress and Telecommunications, Telephone. method, including transmitting the the Government Accountability Office Federal Communications Commission. sworn statement with the § 64.1310(a)(4) pursuant to the Congressional Review Marlene H. Dortch, quarterly report, or posting the sworn Act, see 5 U.S.C. 801(a)(1)(A). Secretary. statement on the Completing Carrier or In addition, the Report and Order and clearinghouse website. If a Completing Final Rules this final certification will be sent to the Carrier chooses to post the sworn Chief Counsel for Advocacy of the Small For the reasons discussed in the statement on its website, the Completing Business Administration (SBA), and preamble, the Federal Communications Carrier shall state in its § 64.1310(a)(4) will be published in the Federal Commission amends 47 CFR part 64 as quarterly report the web address of the Register. follows: sworn statement. D. Contact Person PART 64—MISCELLANEOUS RULES * * * * * 46. For further information about this RELATING TO COMMON CARRIERS § 64.1320 [Removed] proceeding, please contact Michele Levy ■ Berlove, FCC Wireline Competition ■ 1. The authority citation for part 64 4. Remove § 64.1320. Bureau, Competition Policy Division, continues to read as follows: [FR Doc. 2018–05201 Filed 3–14–18; 8:45 am] Room 5–C313, 445 12th Street SW, Authority: 47 U.S.C. 154, 202, 225, 251(e), BILLING CODE 6712–01–P Washington, DC 20554, (202) 418–1477, 254(k), 403(b)(2)(B), (c), 616, 620, Pub. L. [email protected]. 104–104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 202, 218, 222, 225, 226, 227, 228, DEPARTMENT OF COMMERCE VI. Ordering Clauses 254(k), 276, 616, 620, and the Middle Class 47. Accordingly, it is ordered that, Tax Relief and Job Creation Act of 2012, Pub. National Oceanic and Atmospheric L. 112–96, unless otherwise noted. Administration pursuant to the authority contained in ■ sections 1–4, 11, and 276 of the 2. Section 64.1301 is revised to read Communications Act of 1934, as as follows: 50 CFR Part 648 amended, 47 U.S.C. 151–154, 161, 276, § 64.1301 Per-payphone compensation. [Docket No. 151215999–6960–02] this Report and Order is adopted. In the absence of a negotiated RIN 0648–XG087 48. It is further ordered that part 64 agreement to pay a different amount, of the Commission’s rules is amended as each entity listed in Appendix C of the set forth in Appendix A, and that any Fisheries of the Northeastern United Fifth Order on Reconsideration and States; Atlantic Herring Fishery; 2018 such rule amendments that contain new Order on Remand in CC Docket No. 96– or modified information collection River Herring and Shad Catch Cap 128, FCC 02–292, must pay default Reached for Midwater Trawl Vessels in requirements that require approval by compensation to payphone service the Office of Management and Budget the Mid-Atlantic/Southern New providers for access code calls and England Catch Cap Area under the Paperwork Reduction Act payphone subscriber 800 calls for the shall be effective after announcement in period beginning April 21, 1999, in the AGENCY: National Marine Fisheries the Federal Register of Office of amount listed in Appendix C for any Service (NMFS), National Oceanic and Management and Budget approval of the payphone for any month during which Atmospheric Administration (NOAA), rules, and on the effective date per-call compensation for that payphone Commerce. announced therein. for that month was or is not paid by the ACTION: Temporary rule; closure. 49. It is further ordered that this listed entity. A complete copy of Report and Order shall be effective 30 Appendix C is available at www.fcc.gov. SUMMARY: NMFS is reducing the Atlantic herring possession limit for days after publication in the Federal ■ 3. Section 64.1310 is amended by federally permitted vessels fishing with Register, except for 47 CFR revising paragraph (a)(3) to read as midwater trawl gear in the Mid- 64.1310(a)(3), which contains follows: information collection requirements Atlantic/Southern New England Catch previously approved by OMB and § 64.1310 Payphone compensation Cap Closure Area, based on a projection which provision shall become effective procedures. that the threshold catch for the as set forth in the preceding paragraph. (a) * * * corresponding catch cap area has been 50. It is further ordered that the (3) When payphone compensation is reached. This action is necessary to Commission’s Consumer & tendered for a quarter, a company comply with the regulations

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implementing the Atlantic Herring England Catch Cap Closure Area with DEPARTMENT OF COMMERCE Fishery Management Plan and is more than 2,000 lb (907.2 kg) of herring intended to limit the harvest of river on board, provided all herring in excess National Oceanic and Atmospheric herring and shad in the Mid-Atlantic/ of 2,000 lb (907.2 kg) was caught outside Administration Southern New England Catch Cap Area. of this area and all fishing gear is DATES: Effective 00:01 hr local time, stowed and not available for immediate 50 CFR Part 679 March 14, 2018, through December 31, use as defined by § 648.2. [Docket No. 170816769–8162–02] 2018. FOR FURTHER INFORMATION CONTACT: Classification RIN 0648–XG076 Daniel Luers, Fishery Management This action is required by 50 CFR part Specialist, (978) 282–8457. Fisheries of the Exclusive Economic 648 and is exempt from review under Zone Off Alaska; Pollock in Statistical SUPPLEMENTARY INFORMATION: Executive Order 12866. Area 610 in the Gulf of Alaska Regulations governing the Atlantic NMFS finds good cause pursuant to 5 herring fishery can be found at 50 CFR AGENCY: National Marine Fisheries U.S.C. 553(b)(B) to waive prior notice part 648, including requirements for Service (NMFS), National Oceanic and and the opportunity for public comment setting annual catch cap allocations for Atmospheric Administration (NOAA), river herring and shad. NMFS set the because it would be contrary to the Commerce. public interest and impracticable. This 2018 catch cap in the Mid-Atlantic/ ACTION: Temporary rule; closure. Southern New England Catch Cap Area action restricts the catch of herring in at 129.6 mt. NMFS established this the Mid-Atlantic/Southern New SUMMARY: NMFS is prohibiting directed value in the 2016 through 2018 herring England Catch Cap Closure Area for the fishing for pollock in Statistical Area specifications (81 FR 75731, November remainder of the fishing year. Data have 610 in the Gulf of Alaska (GOA). This 1, 2016). only recently become available action is necessary to prevent exceeding The NMFS Administrator of the indicating that herring midwater trawl the B season allowance of the 2018 total Greater Atlantic Region (Regional vessels will have caught 95 percent of allowable catch of pollock for Statistical Administrator) monitors the herring the river herring and shad catch cap Area 610 in the GOA. fishery in each of the catch cap areas allocated to that gear type in the Catch DATES: Effective 1200 hours, Alaska based on vessel and dealer reports, state Cap Area. Once NMFS projects that local time (A.l.t.), March 12, 2018, data, and other available information. river herring and shad catch will reach through 1200 hours, A.l.t., May 31, The regulations at § 648.201 require that 95 percent of the cap for the Catch Cap 2018. when the Regional Administrator Area, NMFS is required by Federal projects that river herring and shad FOR FURTHER INFORMATION CONTACT: Josh regulation to implement a 2,000-lb Keaton, 907–586–7228. catch will reach 95 percent of a catch (907.2-kg) herring trip and calendar day cap for vessels fishing with a specified SUPPLEMENTARY INFORMATION: NMFS possession limit for Cap Closure Area gear type in a specified catch cap area, manages the groundfish fishery in the through December 31, 2018. The NMFS must prohibit, through GOA exclusive economic zone regulations at § 648.201(a)(4)(ii) require notification in the Federal Register, according to the Fishery Management federally permitted herring vessels such action to ensure that herring Plan for Groundfish of the Gulf of fishing with that gear type from fishing vessels do not exceed the river herring Alaska (FMP) prepared by the North for, possessing, catching, transferring, or and shad catch cap allocated to Pacific Fishery Management Council landing more than 2,000 lb (907.2 kg) of midwater trawl vessels in the Mid- under authority of the Magnuson- herring per trip or calendar day in or Atlantic/Southern New England Catch Stevens Fishery Conservation and from that specified catch cap closure Cap Area. If implementation of this Management Act. Regulations governing area for the remainder of the fishing closure is delayed to solicit prior public fishing by U.S. vessels in accordance year. comment, the midwater trawl catch cap with the FMP appear at subpart H of 50 The Regional Administrator has for the Mid-Atlantic/Southern New CFR part 600 and 50 CFR part 679. determined, based on available England Catch Cap Area for this fishing The B season allowance of the 2018 information, that the herring midwater year will be exceeded, thereby total allowable catch (TAC) of pollock in trawl vessels will have caught 95 undermining the conservation Statistical Area 610 of the GOA is 1,317 percent of the river herring and shad objectives of the Atlantic Herring metric tons (mt) as established by the catch cap allocated to the Mid-Atlantic/ Fishery Management Plan. For the final 2018 and 2019 harvest Southern New England Catch Cap Area reasons stated above, NMFS further specifications for groundfish in the GOA by March 14, 2018. Therefore, effective finds, pursuant to 5 U.S.C 553(d)(3), (83 FR 8768, March 1, 2018). 00:01 hr local time, March 14, 2018, good cause to waive the 30-day delayed In accordance with § 679.20(d)(1)(i), federally permitted vessels fishing with effectiveness period. the Regional Administrator has midwater trawl gear may not fish for, determined that the B season allowance catch, possess, transfer, or land more Authority: 16 U.S.C. 1801 et seq. of the 2018 TAC of pollock in Statistical than 2,000 lb (907.2 kg) of herring per Dated: March 12, 2018. Area 610 of the GOA will soon be trip or calendar day, in or from the Mid- Emily H. Menashes, reached. Therefore, the Regional Atlantic/Southern New England Catch Administrator is establishing a directed Acting Director, Office of Sustainable Cap Closure Area through December 31, Fisheries, National Marine Fisheries Service. fishing allowance of 1,217 mt and is 2018. Midwater trawl vessels that have setting aside the remaining 100 mt as entered port before 00:01 hr local time, [FR Doc. 2018–05288 Filed 3–12–18; 4:15 pm] bycatch to support other anticipated March 14, 2018, may land and sell more BILLING CODE 3510–22–P groundfish fisheries. In accordance with than 2,000 lb (907.2 kg) of herring from § 679.20(d)(1)(iii), the Regional the Cap Closure Area from that trip. Administrator finds that this directed Midwater trawl vessels may transit fishing allowance has been reached. through the Mid-Atlantic/Southern New Consequently, NMFS is prohibiting

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directed fishing for pollock in Statistical U.S.C. 553(b)(B) as such requirement is date of this action under 5 U.S.C. Area 610 of the GOA. impracticable and contrary to the public 553(d)(3). This finding is based upon After the effective date of this closure interest. This requirement is the reasons provided above for waiver of the maximum retainable amounts at impracticable and contrary to the public prior notice and opportunity for public § 679.20(e) and (f) apply at any time interest as it would prevent NMFS from comment. during a trip. responding to the most recent fisheries This action is required by § 679.20 data in a timely fashion and would and is exempt from review under Classification delay the closure of directed fishing for Executive Order 12866. This action responds to the best pollock in Statistical Area 610 of the Authority: 16 U.S.C. 1801 et seq. available information recently obtained GOA. NMFS was unable to publish a from the fishery. The Assistant notice providing time for public Dated: March 9, 2018. Administrator for Fisheries, NOAA comment because the most recent, Emily H. Menashes, (AA), finds good cause to waive the relevant data only became available as Acting Director, Office of Sustainable requirement to provide prior notice and of March 8, 2018. Fisheries, National Marine Fisheries Service. opportunity for public comment The AA also finds good cause to [FR Doc. 2018–05211 Filed 3–12–18; 4:15 pm] pursuant to the authority set forth at 5 waive the 30-day delay in the effective BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 83, No. 51

Thursday, March 15, 2018

This section of the FEDERAL REGISTER • Mail: Ann E. Misback, Secretary, handled by a Reserve Bank. The Reserve contains notices to the public of the proposed Board of Governors of the Federal Banks’ Operating Circular No. 3, issuance of rules and regulations. The Reserve System, 20th Street and ‘‘Collection of Cash Items and Returned purpose of these notices is to give interested Constitution Avenue NW, Washington, Checks’’ (OC 3),1 is the operating persons an opportunity to participate in the DC 20551. circular that is most relevant to the rule making prior to the adoption of the final Instructions: All public comments rules. Reserve Banks’ check collection will be made available on the Board’s activities. Subpart B of Regulation J website at https:// provides rules to govern funds transfers FEDERAL RESERVE SYSTEM www.federalreserve.gov/apps/foia/ through the Reserve Banks’ Fedwire proposedregs.aspx as submitted, unless Funds Service. This service is also 12 CFR Part 210 modified for technical reasons. governed by the Reserve Banks’ Accordingly, your comments will not be Operating Circular No. 6, ‘‘Funds [Regulation J; Docket No. R–1599] edited to remove any identifying or Transfers through the Fedwire Funds RIN 7100 AE 98 contact information. Public comments Service’’ (OC 6).2 may also be viewed electronically or in II. Overview of Proposed Amendments Collection of Checks and Other Items paper form in Room 3515, 1801 K Street by Federal Reserve Banks and Funds NW (between 18th and 19th Streets A. Alignment With Regulation CC Transfers Through Fedwire NW), Washington, DC 20006 between Amendments Addressing Electronic 9:00 a.m. and 5:00 p.m. on weekdays. Checks AGENCY: Board of Governors of the For security reasons, the Board requires Federal Reserve System. In 2004, the Board amended that visitors make an appointment to Regulation J to cover electronic check ACTION: Proposed rule and comment inspect comments. You may do so by processing options that the Reserve request. calling (202) 452–3684. Upon arrival, Banks offered after the Check Clearing visitors will be required to present valid SUMMARY: The Board of Governors of the for the 21st Century Act (Check 21 Act) government-issued photo identification took effect in October 2004.3 The Federal Reserve System (Board) is and to submit to security screening in publishing for comment proposed Board’s amendments to Regulation J at order to inspect and photocopy the time included provisions to address amendments to Regulation J. The comments. proposed amendments are intended to the rights and obligations of banks and clarify and simplify certain provisions FOR FURTHER INFORMATION CONTACT: Reserve Banks relating to electronic 4 of Subpart A of Regulation J, remove Clinton N. Chen, Senior Attorney (202/ items handled by Reserve Banks. obsolete provisions, and align the rights 452–3952), Legal Division; or Ian C.B. As a result of the 2004 amendments, Regulation J defines an ‘‘electronic and obligations of sending banks, Spear, Manager (202–452–3959), item’’ as an electronic image of, and paying banks, and Federal Reserve Division of Reserve Bank Operations information describing, an item that a Banks (Reserve Banks) with the Board’s and Payment Systems; for users of Reserve Bank agrees to handle pursuant recent amendments to Regulation CC, Telecommunication Devices for the Deaf to an operating circular.5 Regulation J Availability of Funds and Collection of (TDD) only, contact 202–263–4869; also sets forth certain warranties Checks, to reflect the virtually all- Board of Governors of the Federal provided to the Reserve Banks by the electronic check collection and return Reserve System, 20th and C Streets NW, sender of an electronic item and certain environment. The proposed rule would Washington, DC 20551. also amend subpart B of Regulation J to SUPPLEMENTARY INFORMATION: 1 See, https://www.frbservices.org/assets/ clarify that terms used in financial I. Background resources/rules-regulations/072315-operating- messaging standards, such as ISO circular-3.pdf. 20022, do not confer legal status or Subpart A of Regulation J governs the 2 See, https://www.frbservices.org/assets/ responsibilities. collection of checks and other items by resources/rules-regulations/operating-circular-6- the Reserve Banks. This subpart 102917.pdf. DATES: Comments must be submitted by includes the warranties and indemnities 3 The Board’s Regulation CC implements the May 14, 2018. Expedited Funds Availability Act of 1987 (EFA that are given to the Reserve Banks by Act), 12 U.S.C. 4001 et seq.; and the Check Clearing ADDRESSES: You may submit comments, parties that send items to the Reserve for the 21st Century Act of 2003 (Check 21 Act), 12 identified by Docket No. R–1599 and Banks for collection and return, as well U.S.C. 5001 et seq. The Check 21 Act facilitated RIN 7100–AE98, by any of the following as the warranties and indemnities for electronic collection and return of checks by methods: which the Reserve Banks are permitting banks to create a paper ‘‘substitute • check’’ from an electronic image and electronic Agency Website: http:// responsible in connection with the information derived from a paper check. The Check www.federalreserve.gov. Follow the items they handle. Subpart A also 21 Act authorized banks to provide substitute instructions for submitting comments at describes the methods by which the checks to a bank or a customer that had not agreed to electronic exchange. The Board implemented the https://www.federalreserve.gov/apps/ Reserve Banks may recover for losses Check 21 Act primarily in subpart D of Regulation foia/proposedregs.aspx associated with their collection of items. CC. • Email: regs.comments@ Subpart A authorizes the Reserve Banks 4 At the time, the Board’s Regulation CC federalreserve.gov. Include docket and to issue operating circulars governing presumed that banks generally handled checks in RIN numbers in the subject line of the the details of the collection of checks paper form, and the Uniform Commercial Code did not explicitly address electronic checks other than message. and other items and provides that such to say the terms of electronic presentment may be • Fax: (202) 452–3819 or (202) 452– operating circulars have binding effect governed by agreement (U.C.C. 4–110). 3102. on all parties interested in an item 5 12 CFR 210.2(i).

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warranties provided by the Reserve electronic check) and the Reserve Banks sending of ECIs to the Reserve Banks. Banks when sending or presenting an would (as applicable and unless However, the definition of item in electronic item.6 Specifically, otherwise provided) make all the Regulation J as currently drafted does Regulation J provides that for electronic warranties and indemnities set forth in not encompass ECIs and therefore does items, the sender and the Reserve Banks and subject to the terms of subparts C not allow for the handling of ECIs by the make warranties (1) as set forth in the and D in Regulation CC. The Board Reserve Banks. Regulation J defines an Uniform Commercial Code (U.C.C) and proposes similar amendments to the item, in part, as ‘‘an instrument or a Regulation CC as if the electronic item provisions of Regulation J that currently promise or order to pay money, whether were subject to their terms; and (2) address returning checks as electronic negotiable or not’’ that meets several similar to those made for substitute items. other requirements.11 The terms checks under the Check 21 Act (‘‘Check- B. Electronically Created Items ‘‘instrument,’’ ‘‘promise,’’ and ‘‘order’’ 21-like warranties’’).7 Regulation J also are defined under the U.C.C. as currently provides similar provisions In the 2017 amendments to requiring a writing.12 Because they related to checks that are returned as Regulation CC, the Board included never existed in tangible form and electronic items.8 certain indemnities with respect to therefore do not qualify as writings, In 2017, the Board published a final electronically-created items (ECIs), ECIs are not ‘‘items’’ as currently rule amending Regulation CC to reflect which are check-like items created in defined in Regulation J. To provide the virtually all-electronic check electronic form that never existed in greater clarity, the Board proposes to collection and return environment.9 paper form. ECIs can be difficult to amend the definition of ‘‘item’’ in Among other things, the amendments distinguish from electronic images of subpart A of Regulation J to explicitly created a regulatory framework for the paper checks. As a practical matter, a state that the term does not include an collection and return of electronic items bank receiving an ECI often handles it ECI as defined Regulation CC. (i.e., electronic images and electronic as if it were derived from a paper check. Furthermore, because Regulation J is information derived from a paper item) However, because there was no original intended to provide rules for the by defining the terms ‘‘electronic check’’ paper check corresponding to the ECI, collection and return of items by the and ‘‘electronic returned check,’’ the warranties, indemnities, and other Reserve Banks, the Board is proposing creating Check-21-like warranties for provisions of Regulation CC would not amendments to Regulation J that would electronic checks and electronic apply to those items. As the Board allow the Reserve Banks to require explained in the 2017 Regulation CC returned checks, and applying existing senders to provide warranties and amendments, the payee and the paper-check warranties to electronic indemnities that only ‘‘items’’ and any depositary bank are best positioned to checks and electronic returned checks. ‘‘noncash items’’ the Reserve Banks know whether an item is electronically Accordingly, the Board is proposing have agreed to handle will be provided created and to prevent the item from amendments to align subpart A of to the Reserve Banks. The Board’s entering the check-collection system. Regulation J with the Board’s 2017 proposed amendments would also Therefore, to protect banks that receive amendments to Regulation CC and permit the Reserve Banks to provide a ECIs during the check collection incorporate certain provisions by subsequent collecting bank and a paying process, the Board’s Regulation CC reference, thereby reducing the need for bank the warranties and indemnities amendments provided indemnities that duplication and improving consistency provided by the sender. As with the ultimately shift liability for losses to the between the regulations. Under the amendments to Regulation CC, the depositary bank because either the ECI Board’s proposal, the term ‘‘electronic Board believes the proposed (1) is not derived from a paper check, item’’ would be removed from amendments will help to shift liability (2) was unauthorized, or (3) was Regulation J and ‘‘check’’ and ‘‘returned to parties better positioned to know transferred or presented for payment check’’ would be defined to include an whether an item is electronically more than once.10 The proposed electronic check and electronic returned created and to prevent the item from amendments to incorporate Regulation check as defined in § 229.2 of entering the check-collection system. CC’s warranties and indemnities into Regulation CC. The term ‘‘item’’ would The Board recognizes that the Regulation J by reference would include also be defined to include an electronic proposed amendments may affect the these ECI indemnities. check as defined in Regulation CC. The creation and acceptance of ECIs. Currently, neither Regulation CC nor Board also proposes to eliminate However, the Board’s proposed Regulation J explicitly address the duplicative provisions by removing the amendments would not prevent parties Check-21-like warranties currently that desire to exchange ECIs from doing provided under Regulation J by the 10 12 CFR 229.34(g) provides that ‘‘each bank that transfers or presents an electronically-created item so by agreement using direct exchange sender and the Reserve Banks. Instead, and receives a settlement or other consideration for relationships or other methods not Regulation J would provide that the it shall indemnify, as set forth in § 229.34(i), each involving the Reserve Banks. The Board sender of an item (including an transferee bank, any subsequent collecting bank, the paying bank, and any subsequent returning bank believes such arrangements are more against losses that result from the fact that—(1) The 6 12 CFR 210.5(a)(3)–(4) sets forth warranties electronic image or electronic information is not 11 12 CFR 210.2(i). provided by the sender of an electronic item; 12 derived from a paper check; (2) The person on 12 Terms not otherwise defined in Regulation J or CFR 210.6(b)(2)–(3) sets forth warranties provided whose account the electronically-created item is Regulation CC have the meanings set forth in the by the Reserve Banks related to electronic items. drawn did not authorize the issuance of the item U.C.C. Under the U.C.C., ‘‘instrument’’ means a 7 That is, warranties that a bank will not be asked in the amount stated on the item or to the payee ‘‘negotiable instrument’’ which is defined in part as to pay an item twice and that the electronic image stated on the item (for purposes of this paragraph ‘‘unconditional promise or order to pay a fixed and electronic information are sufficient to create (g)(2), ‘‘account’’ includes an account as defined in amount of money.’’ U.C.C. 3–104. ‘‘Promise’’ is a substitute check. section 229.2(a) as well as a credit or other defined as ‘‘a written undertaking to pay money 8 12 CFR 210.12(c)(3)–(4) sets forth warranties arrangement that allows a person to draw checks signed by the person undertaking to pay.’’ U.C.C. provided by the sender of a returned check that is that are payable by, through, or at a bank); or (3) 3–103. ‘‘Order’’ is defined as ‘‘a written instruction an electronic item; 12 CFR 210.12(e)(1)(ii)–(iii) sets A person receives a transfer, presentment, or return to pay money signed by the person giving the forth warranties provided by the Reserve Banks of, or otherwise is charged for an electronically- instruction.’’ U.C.C. 3–103. ‘‘Writing’’ and related to a returned check that is an electronic created item such that the person is asked to make ‘‘written’’ are defined as including ‘‘printing, item. payment based on an item or check it has already typewriting, or any other intentional reduction to 9 82 FR 27552 (June 15, 2017). paid.’’ tangible form.’’ U.C.C. 1–201.

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appropriate to ensure all parties Banks settle for the presentment of delete the definition of ‘‘check as knowingly accept any corresponding items. defined in 12 CFR 229.2(k)’’ because it risks arising from the fact that the ECI D. Legal Status of Terms Used in is no longer needed in light of the never existed in paper form and Financial Messaging Standards proposed revision of the Regulation J therefore does not carry with it the definition of ‘‘check’’ to cross-reference warranties, indemnities, and other Financial messaging standards the Regulation CC definition. The Board provisions associated with a check. The provide a common format that allows proposes to revise the three provisions Board requests comment on possible different financial institutions to where it is used by deleting the implications that this clarification and communicate. Federal Reserve Banks reference to ‘‘check as defined in 12 change related to ECIs in Regulation J plan to migrate to the ISO 20022 CFR 229.2(k),’’ as described in more may have on financial institutions or the financial messaging standard for the detail in the corresponding section-by- Fedwire Funds Service. ISO 20022 is an industry more broadly. The Board also section analysis. requests comment on whether, and to international standard that employs what extent, the Board should consider terminology that differs in key respects 2. Section 210.2(i)—Item amending Regulation J as part of a from that used in U.S. funds-transfer future rulemaking to permit the Reserve law, including Regulation J. The Board Regulation J uses the term ‘‘item’’ to Banks to accept ECIs. proposes an amendment to subpart B of refer to the instruments and electronic Regulation J that would clarify that images that the Reserve Banks handle. C. Settlement and Payment terms used in financial messaging Regulation J uses the term ‘‘electronic standards, such as ISO 20022, do not item’’ to refer to an electronic image of Regulation J currently provides that confer or connote legal status or an item, and information describing that settlement with a Reserve Bank for cash responsibilities. item, that a Reserve Bank agrees to items ‘‘shall be made by debit to an handle as an item pursuant to an account on the Reserve Bank’s books, E. Additional Aspects of the Proposal operating circular. To align the cash, or other form of settlement’’ to The Board also proposes several other which the Reserve Bank has agreed.13 terminology of Regulation J with amendments to Regulation J, which Regulation CC, the Board proposes to With respect to noncash items, include removal of obsolete material Regulation J provides that a Reserve delete the definition of ‘‘electronic and corrections to include certain item’’ and revise the definition of Bank may require settlement by cash, by provisions that were unintentionally a debit to an account on a Reserve ‘‘item’’ in § 210.2(i) to include a check, omitted by previous amendatory which, under the proposed amendment Bank’s books or ‘‘by any of the following instructions to Regulation J. that is in a form acceptable to the discussed above would include both a collecting Reserve Bank: Bank draft, F. Effective Date check and an electronic check as defined in Regulation CC. The Board transfer of funds or bank credit, or any The Board proposes an effective date also proposes to add a clarifying other form of payment authorized by of July 1, 2018, to align with the 14 statement that the term ‘‘item’’ does not State law.’’ Regulation J also currently effective date of the Board’s include an electronically-created item as provides that a Reserve Bank may amendments to subpart C of Regulation require a nonbank payor to settle for CC. defined in § 229.2 of Regulation CC (as items by cash, or by ‘‘any of the discussed in detail above). III. Section-by-Section Analysis following that is in a form acceptable to 3. Section 210.2(m)—Returned Check the Reserve Bank: Cashier’s check, The paragraph citations in this section certified check, or other bank draft or are to the paragraphs of the proposed Current § 210.2(m) defines a obligation.’’ 15 In order to facilitate the rule unless otherwise stated. The Board ‘‘returned check’’ as ‘‘a cash item or a efficient collection of items, the Reserve requests comment on all aspects of the check as defined in 12 CFR 229.2(k) Banks’ current practice is generally to proposed rule. returned by a paying bank.’’ To align the settle for items by debit to an account definition of ‘‘returned check’’ with on the Reserve Bank’s books. The use of Subpart A—Collection of Checks and Other Items by Federal Reserve Banks ‘‘check,’’ the Board proposes to delete cash is rare, typically only done in the reference to ‘‘check as defined in 12 emergency situations, and could be Section 210.2 Definitions CFR 229.2(k)’’ and instead refer to the covered by a provision allowing ‘‘other 1. Section 210.2(h)—Check definition of ‘‘electronic returned form of settlement to which the Reserve check’’ in Regulation CC. Bank agrees.’’ The Board therefore Regulation J currently includes the proposes to revise certain settlement term ‘‘check’’ (a draft as defined in the 4. Section 210.2(n)—Sender provisions of Regulation J to remove U.C.C. drawn on a bank and payable on references to cash and other specified demand). The Board proposes to revise Current § 210.2(n) defines sender by forms of settlement (e.g., cashier’s the definition of ‘‘check’’ to mean a providing a set of entities that sends an checks or certified checks) and instead ‘‘check’’ and an ‘‘electronic check’’ as item to a Reserve Bank for forward state that the Reserve Banks may settle those terms are defined in Regulation collection. The Board proposes to add by a debit to an account on the Reserve CC. This amendment will align the ‘‘member bank, as defined in section 1 Bank’s books, or another form of terminology in the two regulations. of the Federal Reserve Act’’ in settlement acceptable to the Reserve Regulation J also includes the term § 210.2(n)(2) to include a bank or trust Banks. The Board requests comment on ‘‘check as defined in 12 CFR 229.2(k)’’ company that is a member of one of the possible implications that the proposed (the Regulation CC definition of Federal Reserve Banks to ensure changes may have on financial ‘‘check’’). This term is used in inclusion of any member bank that does institutions with which the Reserve Regulation J in those provisions that not fall under the existing definition. require specific references to the The Board proposes to redesignate 13 12 CFR 210.9(b)(5). Regulation CC definition of ‘‘check.’’ current §§ 210.2(n)(2)–(6) to 14 12 CFR 210.9(c). (See §§ 210.2(m), 210.7(b)(2), and §§ 210.2(n)(3)–(7) to accommodate the 15 12 CFR 210.9(d). § 210.12(a)(2).) The Board proposes to insertion.

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5. Section 210.2(q)—Fedwire is not proposing to revise these representation thereof, or any other Current § 210.2(q) defines ‘‘Fedwire’’ paragraphs. Current §§ 210.5(a)(3) and electronic item. The Board proposes to as having the same meaning set forth in (4) set out warranties for electronic delete the term ‘‘electronic item’’ in § 210.26(e). The Board proposes to items and electronic items that are not current § 210.5(a)(5)(ii) and replace it amend this definition to refer to both representations of substitute checks, with ‘‘electronic check.’’ Current § 210.5(a)(5)(ii)(A) provides ‘‘Fedwire Funds Service and Fedwire’’ respectively. These warranties are now that a sender of an original check is not to conform to the proposed amendment specified in Regulation CC, and the liable for any amount that the Reserve to § 210.26(e). Board proposes to revise Regulation J accordingly. Proposed § 210.5(a)(3) Bank pays under subpart D of Section 210.3 General Provisions would require the sender to make all Regulation CC for a subsequently Section 210.3(a) provides general applicable warranties and indemnities created substitute check or under provisions concerning the obligations of set forth in Regulation CC and the § 210.6(b)(3) for an electronic item, Reserve Banks and the role of operating U.C.C. The proposal would retain the absent the sender’s agreement to the circulars. For reasons described above existing requirement that the sender contrary. The Board proposes to delete in connection with electronically- make all warranties set forth in and the reference to current § 210.6(b)(3), created items, the Board proposes to add subject to the terms of U.C.C. 4–207 for which lists warranties and an indemnity a sentence stating that the operating an electronic check as if it were an item for an electronic item that is not a circulars may require a sender to subject to the U.C.C. These proposed representation of a substitute check, and provide warranties and indemnities that changes would streamline Regulation J, replace it with a reference to § 229.34 of only items and any noncash items the align § 210.5(a) with the Regulation CC this chapter with respect to an Reserve Banks have agreed to handle provisions that set out warranties and electronic check, consistent with other will be sent to the Reserve Banks. indemnities for electronic checks, and proposed amendments to § 210.6(b) Additionally, in order to allow the ensure a seamless chain of warranties described below. Current § 210.5(a)(5)(ii)(B) provides Reserve Banks to pass any such for the items handled by the Reserve that nothing in Regulation J alters the warranties and indemnities forward, the Banks. liability structure that applies to Board proposes to authorize the Reserve The Board also proposes to require a sender to make any warranties or substitute checks and paper or Banks to provide to a subsequent indemnities regarding the sending of electronic representations of substitute collecting bank and to the paying bank items that the Reserve Banks include in checks under subpart D of Regulation any warranties and indemnities an operating circular issued in CC. The Board proposes to add that this provided by the sender pursuant to this accordance with § 210.3(a) to ensure subpart also does not alter the liability paragraph. that only items and any noncash items of a sender of an electronic check under Section 210.4 Sending Items to the Reserve Banks have agreed to handle § 229.34, consistent with the other Reserve Banks will be sent to the Reserve Banks proposed revisions to Regulation J. Current § 210.5(a)(5)(ii)(C) provides Section 210.4(a) sets forth the rule for (proposed § 210.5(a)(4)). Finally, the that a sender of an electronic item that determining the Reserve Bank to which Board proposes to add a reference to is not a representations of a substitute an item should be sent. The Board ‘‘indemnities’’ to the introductory text check is not liable for any related proposes to clarify this paragraph to of § 210.5(a) to reflect that the sender warranties or indemnities that a Reserve provide that a sender’s Administrate would provide indemnities pursuant to Bank pays that are attributable to the Reserve Bank may direct a sender (other proposed §§ 210.5(a)(3) and (4). Reserve Bank’s own lack of good faith than a Reserve Bank) to send any item 2. Section 210.5(a)(5)—Sender’s or failure to exercise ordinary care. The to a specified Reserve Bank, whether or Liability to Reserve Bank Board proposes to broaden this not the item is payable in the Reserve Current § 210.5(a)(5) sets out the provision by applying the limitation on Bank’s district. This amendment reflects sender’s liability to Reserve Banks. The liability to all senders for any amount current practice in the Reserve Banks’ Board proposes to make a number of that the Reserve Bank pays that is check service and is not expected or amendments to this subsection that attributable to the Reserve Bank’s own intended to have a substantive affect. align this paragraph to changes lack of good faith or failure to exercise The Board is also proposing to elsewhere in the proposed rule. ordinary care under Regulation J or capitalize the term ‘‘Administrative Current § 210.5(a)(5)(i)(C) states that Regulation CC. The Board proposes to Reserve Bank’’ wherever it appears to the sender agrees to indemnify the redesignate this section as conform to the defined term in Reserve Bank for any loss or expense § 210.5(a)(5)(iii) and make conforming § 210.2(c). resulting from ‘‘[a]ny warranty or changes to cross-references. Section 210.5 Sender’s Agreement; indemnity made by the Reserve Bank 3. Section 210.5(c) & (d)—Recovery by Recovery by Reserve Bank under § 210.6(b), part 229 of this chapter, or the U.C.C.’’ The Board Reserve Bank and Methods of Recovery 1. Section 210.5(a)—Sender’s proposes to amend this provision to Section 210.5(c) sets out the Agreement provide that the sender will also procedures by which a Reserve Bank Current § 210.5(a) lists the warranties, indemnify a Reserve Bank for any loss may recover against a sender if certain authorizations, and agreements made by or expense sustained resulting from any actions or proceedings related to the a sender. The first two paragraphs warranties and indemnities regarding sender’s actions are brought against (or (current §§ 210.5(a)(1) and (2)) apply to the sending of ‘‘items’’ required by the defense is tendered to) a Reserve Bank. all items and require the sender to Reserve Bank in an operating circular A portion of this section was authorize the Reserve Banks to handle issued pursuant to proposed § 210.3(a). inadvertently dropped from the Code of the item sent and warrant that the Current § 210.5(a)(5)(ii) specifies Federal Regulations. The Board sender is entitled to enforce the item, conditions and limitations to a sender’s proposes to reinstate the dropped that the item has not been altered, and liability for warranties and indemnities language, which provides that, upon that the item bears the indorsements that a Reserve Bank makes for a entry of a final judgment or decree, a applied by all prior parties. The Board substitute check, a paper or electronic Reserve Bank may recover from the

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sender the amount of attorneys’ fees and The Board proposes a new form of settlement to which the Reserve other expenses of litigation incurred, as § 210.6(b)(2) to provide that a Reserve Bank agrees. As discussed in the well as any amount the Reserve Bank is Bank would make any warranties or overview section, the use of cash as a required to pay because of the judgment indemnities regarding the sending of means of settlement is quite rare and or decree or the tender of defense, with items as set forth in an operating generally used only in emergencies. interest. In addition, the Board proposes circular issued pursuant to proposed Accordingly, the Board proposes to to correct cross-references to this § 210.3(a). This language corresponds to amend this provision by removing the provision in § 210.5(d). the similar proposed provision for reference to cash as a means of sender liability in § 210.5(a)(4). settlement. A Reserve Bank could 4. Section 210.5(e)—Security Interest The Board proposes a new continue to accept cash or other forms Current § 210.5(e) provides that when § 210.6(b)(3) to provide that the Reserve of settlement by agreement in special a sender sends an item to a Reserve Bank makes to a subsequent collecting situations. The Board also proposes to Bank, the sender and any prior bank and to the paying bank all the make conforming amendments to collecting bank grant to the sender’s warranties and indemnities set forth in §§ 210.9(c) and (d), as well as to remove Administrative Reserve Bank a security subparts C and D for Regulation CC. the references to other rarely-used forms interest in all of their respective assets Proposed § 210.6(b)(3) would retain the of settlement (cashier’s checks, certified in the possession of, or held for the existing application of U.C.C. 4–207 checks, or other bank drafts or account of, any Reserve Bank to secure warranties to electronic items (now obligations). The Board is also their respective obligations due or to called electronic checks). proposing to correct cross-references become due to the Administrative In § 210.6(b)(4), the Board proposes to and to capitalize the term Reserve Bank under this subpart or retain the existing Reserve Bank ‘‘Administrative Reserve Bank’’ subpart C of part 229 of this chapter indemnity for substitute checks created wherever it appears to conform to the (Regulation CC). The Board proposes to from electronic checks, which is in defined term in § 210.2(c). amend this subsection to reference current § 210.6(b)(3)(ii). This provision 2. Section 210.9(e)—Handling of subpart D of Regulation CC in addition provides an indemnity chain for Payment to subpart C, as senders may have substitute check indemnity claims obligations to Reserve Banks under that under Regulation CC, enabling receiving Current § 210.9(e) states that a Reserve subpart as well. banks (and, in turn, Reserve Banks) to Bank may handle a bank draft or other pass the loss on such claims to the bank form of payment it receives in payment Section 210.6 Status, Warranties, and of a cash item as a cash item and that Liability of Reserve Bank whose choice to handle an item electronically necessitated the later a Reserve Bank may handle a bank draft 1. Section 210.6(a)(2)—Limitations on creation of a substitute check. or other form of payment it receives in Reserve Bank Liability payment of a noncash item as either a 3. Section 210.6(c)—Limitation on cash item or a noncash item. The Board Section 210.6(a)(2) limits a Reserve Liability proposes to delete this section as it is Bank’s liability with respect to an item now obsolete. to three instances: (1) The Reserve The limitations on Reserve Bank Bank’s own lack of good faith or failure liability are set forth in proposed (and 3. Section 210.9(f)—Liability of Reserve to exercise ordinary care, (2) as current) § 210.6(a)(2). The Board is Bank proposing to delete this subsection as it provided in this section of Regulation J, Current § 210.9(f) states that a Reserve is redundant and to redesignate current and (3) as provided in subparts C and Bank that acts in good faith and subsection (d) as subsection (c). D of Regulation CC. The Board proposes exercises ordinary care shall not be to expand this list to provide that a Section 210.7 Presenting Items for liable for the nonpayment of, or failure Reserve Bank may be liable under any Payment to realize upon, any bank draft or other warranties and indemnities provided in Section 210.7(b) provides the places form of payment that it accepts pursuant an operating circular issued in of presentment for a Reserve Bank or to § 210.9(b)–(d). The Board proposes to accordance with § 210.3(a) regarding the subsequent collecting bank. Current renumber this subsection as § 210.9(e) sending of items. § 210.7(b)(2) states ‘‘In the case of a and to replace the reference to ‘‘bank 2. Section 210.6(b)—Warranties and check as defined in 12 CFR 229.2(k), in draft or other form of payment’’ with Liability accordance with 12 CFR 229.36.’’ In ‘‘any non-cash form of payment’’ to alignment with the Board’s proposed conform to the proposed changes to the Section 210.6(b) sets forth the other provisions of this section. warranties and indemnities made by a deletion of the defined term ‘‘check as Reserve Bank when it presents or sends defined in 12 CFR 229.2(k),’’ the Board Section 210.10 Time Schedule and an item. In alignment with the Board’s proposes to delete the use of that term Availability of Credits for Cash Items proposed amendments to the sender’s in § 210.7(b)(2), as it is no longer and Returned Checks warranties in § 210.5(a), the Board needed, and make other minor edits. As Section 210.10(a) states that each proposes to replace current a result, proposed § 210.7(b)(2) would Reserve Bank shall ‘‘include in its §§ 210.6(b)(2) and (3), which provide state ‘‘In accordance with § 229.36 of operating circulars’’ its time schedules warranties and indemnities for this chapter (Regulation CC).’’ for availability of cash items and electronic items and electronic items Section 210.9 Settlement and Payment returned checks and, correspondingly, that are not representations of substitute when credits can be counted toward checks, respectively. Those warranties 1. Section 210.9(b)(5), (c), & (d)— reserve balance requirements for are now covered by Regulation CC. The Manner of Settlement, Noncash Items, & purposes of Regulation D (12 CFR part Board also proposes to make a Nonbank Payor 204). The Reserve Banks’ practice is to conforming amendment to Current § 210.9(b)(5) requires that publish the time schedules on the § 210.6(b)(1)(iii) to eliminate the settlement for cash items with a Reserve Federal Reserve website for financial unnecessary reference to ‘‘paper or Bank be made by debit to an account on services. Accordingly, the Board electronic form.’’ the Reserve Bank’s books, cash, or other proposes to amend this section to delete

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the requirement that time schedules be which provide warranties for all Reserve Bank is required to pay because included in the operating circulars and, returned checks that are electronic items of the judgment or decree or the tender instead, require only that the time and warranties for returned checks that of defense, with interest. In addition, schedules be published. are electronic items that are not the Board proposes to correct cross- representations of substitute checks, references and make organizational Section 210.11 Availability of respectively, with a provision that Proceeds of Noncash Items; Time changes in § 210.12(g). requires the paying bank or returning Schedule bank to make all the warranties and Subpart B—Funds Transfers Through 1. Section 210.11(b)—Time Schedule indemnities as set forth in Regulation Fedwire Section 210.11(b) states that a Reserve CC, as applicable (proposed Section 210.25 Authority, Purpose, Bank may give credit for the proceeds of § 210.12(c)(3)). and Scope a noncash item subject to payment in Current § 210.12(c)(5) sets out the conditions under which a paying bank Section 210.25 sets out the authority, actually and finally collected funds in purpose, and scope for subpart B of accordance with a time schedule or returning bank is liable to a Reserve Bank. The Board proposes to Regulation J, which governs Fedwire included in its operating circulars. To funds transfers. The Board proposes to conform to amendments made in redesignate this paragraph as § 210.12(c)(4) and amend the paragraph add a new § 210.25(e) to clarify that proposed § 210.10, the Board proposes financial messaging standards (e.g., ISO to delete the reference to operating to correspond with the proposed amendments to the section on sender’s 20022), including the financial circulars and require only that the time messaging components, elements, schedule be published. liability to a Reserve Bank (§ 210.5(a)(4)). These proposed technical documentation, tags, and 2. Section 210.11(c)—Handling of amendments are intended to create terminology used to implement those Payment consistent liability provisions for standards, do not confer or connote legal status or responsibilities. The Current § 210.11(c) prohibits a senders, paying banks, and returning proposed amendment would specify Reserve Bank from providing credit for banks. that Regulation J, Article 4A of the a bank draft or other form of payment 3. Section 210.12(d)—Liability Under U.C.C., and the operating circulars of for a noncash item until it receives Other Law the Reserve Banks govern the rights and payment in actually and finally obligations of parties to the Fedwire collected funds. The Board proposes to Current § 210.12(d) is titled Funds Service and supersede any delete this subsection, as actually and ‘‘Preservation of other warranties and inconsistency between a financial finally collected funds are already indemnities.’’ The Board proposes to messaging standard adopted by the required by § 210.11(a). change the title of this section to ‘‘Returning bank’s or paying bank’s Fedwire Funds Service. Additionally, Section 210.12 Return of Cash Items liability under other law’’ to mirror the the Board proposes to add in the and Handling of Returned Checks heading for the corresponding section commentary examples of inconsistent Section 210.12 sets out the provisions for senders (§ 210.5(b)). terminology between the ISO 20022 governing the handling of returned financial messaging standard and U.S. 4. Section 210.12(e)—Warranties by and checks. It is the counterpart to §§ 210.5 funds transfer law. Liability of Reserve Bank and 210.6, which govern the handling of Section 210.26 Definitions items for forward collection. Current § 210.12(e) sets forth a Reserve Bank’s liability when it handles Section 210.2(e) defines the term 1. Section 210.12(a)—Return of Items a returned check, including warranties ‘‘Fedwire’’ to mean the funds-transfer Current § 210.12(a)(2) sets out the and liabilities. The Board proposes to system owned and operated by the procedures by which a paying bank may amend this section to correspond to the Federal Reserve Banks that is used return checks not handled by Reserve amendments proposed in § 210.6(b) primarily for the transmission and Banks and references ‘‘check as defined related to the warranties and liabilities settlement of payment orders governed in § 229.2(k) of this chapter (Regulation that are made by Reserve Banks when by Subpart B. The Board is proposing to CC).’’ In alignment with the Board’s presenting or sending an item. amend this definition so that it applies proposal to delete the defined term to the official title of the service, 5. Section 210.12(f) & (g)—Recovery by ‘‘check as defined in § 229.2(k)’’ in ‘‘Fedwire Funds Service,’’ as well as the Reserve Bank & Method of Recovery § 210.2(h), the Board proposes to delete shorthand term ‘‘Fedwire.’’ The Board the use of this term in this section, as Section 210.12(f) parallels § 210.5(c) also proposes to change references to it is no longer needed, and to use the and sets out the procedures by which a ‘‘Fedwire’’ to ‘‘Fedwire Funds Service’’ term ‘‘check’’ instead. Reserve Bank may recover against a in §§ 210.9(b)(4)(i), 210.25(a) and (b)(3), paying bank or returning bank if certain and 210.29(b). 2. Section 210.12(c)—Paying Bank’s and actions or proceedings related to the Returning Bank’s Agreement paying bank’s or returning bank’s Section 210.32 Federal Reserve Bank Current § 210.12(c) provides the actions are brought against (or defense Liability; Payment of Interest warranties, authorizations, and is tendered to) a Reserve Bank. A Current § 210.32 sets out provisions agreements related to returned checks portion of this section was inadvertently that govern Federal Reserve Bank made by paying banks and returning dropped from the Code of Federal liability and payment of interest. banks. The Board proposes amendments Regulations. The Board proposes to Section 210.32(b) provides that to this section that are parallel to the reinstate the dropped language, which compensation that is paid by Federal proposed amendments for forward- provides that, upon entry of a final Reserve Banks in the form of interest collection items with respect to the judgment or decree, a Reserve Bank may shall be calculated in accordance with liability of the sender (§ 210.5(a)(3)) and recover from the paying bank or section 4A–506 of Article 4A. Under the Reserve Banks (§ 210.6(b)(2)). returning bank the amount of attorneys’ section 4A–506(a), the amount of Specifically, the Board proposes to fees and other expenses of litigation interest may be determined by replace current §§ 210.12(c)(3) and (4), incurred, as well as any amount the agreement between the sender and

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receiving bank or by funds-transfer number. The Board reviewed the institutions that have total domestic system rule. If there is no such proposed rule under the authority assets of $550 million or less and thus agreement, under section 4A–506(b), the delegated to the Board by the OMB and are considered small entities for amount of interest is based on the determined that it contains no purposes of the RFA. federal funds rate. The current collections of information under the 3. Projected Reporting, Recordkeeping, commentary to § 210.32(b) states that PRA.17 Accordingly, there is no and Other Compliance Requirements ‘‘Interest would be calculated in paperwork burden associated with the accordance with the procedures rule. The Board’s proposed rule generally specified in section 4A–506(b).’’ The does not have any projected reporting, VI. Regulatory Flexibility Act Board proposes to delete this statement recordkeeping or other compliance and rearrange the commentary to clarify The Regulatory Flexibility Act (the requirements, as the proposed that interest can be calculated in ‘‘RFA’’) (5 U.S.C. 601 et seq.) requires amendments to Regulation J align the accordance with both section 4A–506(a) agencies either to provide an initial rights and obligations of sending banks, and (b). regulatory flexibility analysis with a paying banks, and Federal Reserve proposed rule or to certify that the Banks (Reserve Banks) with the Board’s IV. Competitive Impact Analysis proposed rule will not have a significant recent amendments to Regulation CC. The Board conducts a competitive economic impact on a substantial The proposed warranties and impact analysis when it considers an number of small entities. In accordance indemnities are similar to the warranties operational or legal change, if that with section 3(a) of the RFA, the Board and indemnities that apply to paper and change would have a direct and material has reviewed the proposed regulation. electronic checks under existing adverse effect on the ability of other In this case, the proposed rule would Regulation J and other law. The service providers to compete with the apply to all depository institutions. This proposed amendments do not require Federal Reserve in providing similar Initial Regulatory Flexibility Analysis any bank to change the form in which services due to legal differences or due has been prepared in accordance with 5 it submits checks, nor do they require to the Federal Reserve’s dominant U.S.C. 603 in order for the Board to any bank to submit reports, maintain market position deriving from such legal solicit comment on the effect of the records, or provide notices or differences. All operational or legal proposal on small entities. The Board disclosures. changes having a substantial effect on will, if necessary, conduct a final With respect to ECIs, the Board payments-system participants will be regulatory flexibility analysis after recognizes that the proposed subject to a competitive-impact analysis, consideration of comments received amendments that would allow the even if competitive effects are not during the public comment period. Reserve Banks to require senders to apparent on the face of the proposal. If provide certain warranties and 1. Statement of the Need for, Objectives such legal differences exist, the Board indemnities may affect the creation and of, and Legal Basis for, the Proposed will assess whether the same objectives acceptance of ECIs by small entities. Rule could be achieved by a modified However, the Board’s proposed proposal with lesser competitive impact The Board is proposing the foregoing amendments would not prevent small or, if not, whether the benefits of the amendments to Regulation J pursuant to entities that desire to exchange ECIs proposal (such as contributing to its authority under the Federal Reserve from doing so by agreement using direct payments-system efficiency or integrity Act, the EFA Act; the Check 21 Act, and exchange relationships or other methods or other Board objectives) outweigh the other laws. The proposal clarifies and not involving the Reserve Banks. The materially adverse effect on simplifies certain provisions of Subpart Board believes the proposed competition.16 A of Regulation J, removes obsolete amendments will help to shift liability The Board does not believe that the provisions, and aligns the rights and to parties better positioned to know amendments to Regulation J will have a obligations of sending banks, paying whether an item is electronically direct and material adverse effect on the banks, and Reserve Banks with the created and that can either prevent the ability of other service providers to Board’s recent amendments to item from entering the check-collection compete effectively with the Reserve Regulation CC to reflect the virtually all- system or assume the risk of sending it Banks in providing similar services due electronic check collection and return forward. to legal differences. The amendments environment. The proposed rule would Furthermore, the Board does not would align the provisions in also amend subpart B of Regulation J to expect the Board’s proposed Regulation J governing Reserve Bank clarify the legal status of terms in amendments to remove references to services to the generally applicable financial messaging standards. cash and other specified forms of provisions in Regulation CC. The 2. Small Entities Affected by the settlement to burden small entities, as proposed amendment would not affect Proposed Rule the use of cash as settlement is rare and the competitive position of private- typically only done in emergency The proposed rule would apply to all sector presenting banks vis-a`-vis the situations. The Board’s proposed depository institutions regardless of Reserve Banks. amendment would allow use of cash as their size.18 Pursuant to regulations settlement in emergency situations by V. Paperwork Reduction Act issued by the Small Business continuing to permit other forms of Administration (13 CFR 121.201), a In accordance with the Paperwork settlement to which the Reserve Banks ‘‘small banking organization’’ includes a Reduction Act (PRA) of 1995 (44 U.S.C. agree. 3506; 5 CFR part 1320 Appendix A.1), depository institution with $550 million the Board may not conduct or sponsor, or less in total assets. Based on call 4. Identification of Duplicative, and a respondent is not required to report data as of June 2017, there are Overlapping, or Conflicting Federal respond to, an information collection approximately 9,918 of depository Rules The Board notes that subparts C and unless it displays a valid Office of 17 See 44 U.S.C. 3502(3). D of Regulation CC overlap with the Management and Budget (OMB) control 18 The proposed rule would not impose costs on any small entities other than depository proposed rule with respect to checks 16 Federal Reserve Regulatory Service, 7–145.2. institutions. collected or returned through the

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Reserve Banks. The Board’s intent in (A) Payable in a Federal Reserve 7 of the International Banking Act of proposing the amendments is, in part, to District 1 (District); 1978 (12 U.S.C. 347d, 3105). align Regulation J with Regulation CC (B) Sent by a sender to a Reserve Bank * * * * * and incorporate certain provisions by for handling under this subpart; and (q) Fedwire Funds Service and reference, thereby reducing the need for (C) Collectible in funds acceptable to Fedwire have the same meaning as that duplication and improving consistency the Reserve Bank of the District in set forth in § 210.26(e). between the regulations. The provisions which the instrument is payable; or * * * * * of Regulation J would supersede any (ii) A check. (s) * * * (2) Unless otherwise indicated, item inconsistent provisions of Regulation (1) The terms not defined herein have includes both a cash and a noncash CC, but only to the extent of the the meanings set forth in § 229.2 of this 19 item, and includes a returned check sent inconsistency. The Board knows of no chapter applicable to subpart C or by a paying or returning bank. Item does other duplicative, overlapping, to subpart D of part 229 of this chapter not include a check that cannot be conflicting Federal rules related to this (Regulation CC), as appropriate; and proposal. collected at par, or a payment order as defined in § 210.26(i) and handled * * * * * ■ 5. Significant Alternatives to the under subpart B of this part. The term 4. In § 210.3, revise paragraph (a) to Proposed Rule also does not include an electronically- read as follows: The Board welcomes comment on the created item as defined in § 229.2 of this § 210.3 General provisions. impact of the proposed rule on small chapter (Regulation CC). (a) General. Each Reserve Bank shall entities and any approaches, other than * * * * * receive and handle items in accordance the proposed amendments, that would (m) Returned check means a cash item with this subpart, and shall issue reduce the burden on all entities. returned by a paying bank, including an operating circulars governing the details electronic returned check as defined in List of Subjects in 12 CFR Part 210 of its handling of items and other § 229.2 of this chapter (Regulation CC) matters deemed appropriate by the Banks, Banking, Federal Reserve and a notice of nonpayment in lieu of Reserve Bank. The circulars may, among System. a returned check, whether or not a other things, classify cash items and Reserve Bank handled the check for Authority and Issuance noncash items, require separate sorts collection. and letters, provide different closing For the reasons set forth in the (n) Sender means any of the following times for the receipt of different classes preamble, the Board proposes to amend entities that sends an item to a Reserve or types of items, provide for 12 CFR part 210 as follows: Bank for forward collection— instructions by an Administrative (1) A depository institution, as Reserve Bank to other Reserve Banks, PART 210—COLLECTION OF CHECKS defined in section 19(b) of the Federal set forth terms of services, and establish AND OTHER ITEMS BY FEDERAL Reserve Act (12 U.S.C. 461(b)); procedures for adjustments on a Reserve RESERVE BANKS AND FUNDS (2) A member bank, as defined in Bank’s books, including amounts, TRANSFERS THROUGH FEDWIRE section 1 of the Federal Reserve Act (12 waiver of expenses, and payment of (REGULATION J)—[AMENDED] U.S.C. 221); compensation. As deemed appropriate (3) A clearing institution, defined as— by the Reserve Bank, the circulars may ■ 1. The authority citation for part 210 (i) An institution that is not a also require the sender to provide is revised to read as follows: depository institution but that maintains warranties and indemnities that only with a Reserve Bank the balance Authority: 12 U.S.C. 248 (i), (j), and (o); items and any noncash items the referred to in the first paragraph of Reserve Banks have agreed to handle 12 U.S.C. 342; 12 U.S.C. 360; 12 U.S.C. 464; section 13 of the Federal Reserve Act 12 U.S.C. 4001–4010; 12 U.S.C. 5001–5018. will be sent to the Reserve Banks. The (12 U.S.C. 342); or Reserve Banks may provide to a PART 210—[AMENDED] (ii) A corporation that maintains an subsequent collecting bank and to the account with a Reserve Bank in paying bank any warranties and ■ 2. In part 210, revise all references to conformity with § 211.4 of this chapter indemnities provided by the sender ‘‘article 4A’’ to read ‘‘Article 4A’’. (Regulation K); pursuant to this paragraph. (4) Another Reserve Bank; Subpart A—Collection of Checks and (5) An international organization for * * * * * ■ Other Items by Federal Reserve Banks which a Reserve Bank is empowered to 5. In § 210.4, revise paragraphs (a), act as depositary or fiscal agent and (b)(1)(ii), (b)(1)(iii), and (b)(3) to read as ■ 3. In § 210.2, revise paragraphs (h), (i), maintains an account; follows: (m), (n), (q), and (s)(1) to read as follows: (6) A foreign correspondent, defined § 210.4 Sending items to Reserve Banks. § 210.2 Definitions. as any of the following entities for (a) Sending of items. A sender’s which a Reserve Bank maintains an * * * * * Administrative Reserve Bank may direct account: A foreign bank or banker, a a sender other than a Reserve Bank to (h) Check means a check or an foreign state as defined in section 25(b) electronic check, as those terms are send any item to a specified Reserve of the Federal Reserve Act (12 U.S.C. Bank, whether or not the item is payable defined in § 229.2 of this chapter 632), or a foreign correspondent or (Regulation CC). in the Reserve Bank’s district. agency referred to in section 14(e) of (b) * * * (i) Item. that act (12 U.S.C. 358); or (1) * * * (1) Item means— (7) A branch or agency of a foreign (ii) The initial sender’s (i) An instrument or a promise or bank maintaining reserves under section Administrative Reserve Bank (which is order to pay money, whether negotiable deemed to have accepted deposit of the or not, that is— 1 For purposes of this subpart, the Virgin Islands and Puerto Rico are deemed to be in the Second item from the initial sender); District, and Guam, American Samoa, and the (iii) The Reserve Bank that receives 19 See 12 CFR 210.3(f). Northern Mariana Islands in the Twelfth District. the item from the initial sender (if

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different from the initial sender’s electronic check as if it were an item (ii) Any action by the Reserve Bank Administrative Reserve Bank); and subject to the U.C.C. within the scope of its authority in * * * * * (4) Warranties and indemnities as set handling the item; or (3) The identity and order of the forth in Reserve Bank Operating (iii) Any warranty or indemnity made parties under paragraph (b)(1) of this Circulars. The sender makes any by the Reserve Bank under § 210.6(b), section determine the relationships and warranties and indemnities regarding part 229 of this chapter, or the U.C.C. the rights and liabilities of the parties the sending of items as set forth in an (2) Upon entry of a final judgment or under this subpart, part 229 of this operating circular issued in accordance decree in an action or proceeding chapter (Regulation CC), section 13(1) with § 210.3(a). described in paragraph (c)(1), a Reserve and section 16(13) of the Federal (5) Sender’s liability to Reserve Bank. Bank may recover from the sender the amount of attorneys’ fees and other Reserve Act, and the Uniform (i) Except as provided in paragraph expenses of litigation incurred, as well Commercial Code. An initial sender’s (a)(5)(ii) and (iii) of this section, the as any amount the Reserve Bank is Administrative Reserve Bank that is sender agrees to indemnify each Reserve required to pay because of the judgment deemed to accept an item for deposit or Bank for any loss or expense sustained or decree or the tender of defense, handle an item is also deemed to be a (including attorneys’ fees and expenses sender with respect to that item. The together with interest thereon. of litigation) resulting from— (d) Methods of recovery. Reserve Banks that are deemed to (A) The sender’s lack of authority to handle an item are deemed to be agents (1) The Reserve Bank may recover the make the warranty in paragraph (a)(1) of amount stated in paragraph (c) of this or subagents of the owner of the item, this section; as provided in § 210.6(a). section by charging any account on its (B) Any action taken by the Reserve books that is maintained or used by the * * * * * Bank within the scope of its authority in sender (or by charging a Reserve Bank ■ 6. In § 210.5, revise paragraphs (a), (c), handling the item; or sender), if— (d), and (e) to read as follows: (C) Any warranty or indemnity made (i) The Reserve Bank made seasonable § 210.5 Sender’s agreement; recovery by by the Reserve Bank under § 210.6(b), written demand on the sender to assume Reserve Bank. part 229 of this chapter, the U.C.C., or, defense of the action or proceeding; and (a) Sender’s agreement. The regarding the sending of items, an (ii) The sender has not made any warranties, indemnities, authorizations, operating circular issued in accordance other arrangement for payment that is and agreements made pursuant to this with § 210.3(a). acceptable to the Reserve Bank. paragraph may not be disclaimed and (ii) A sender’s liability for warranties (2) The Reserve Bank is not are made whether or not the item bears and indemnities that the Reserve Bank responsible for defending the action or an indorsement of the sender. By makes for a substitute check, a paper or proceeding before using this method of sending an item to a Reserve Bank, the electronic representation thereof, or for recovery. A Reserve Bank that has been sender does all of the following. an electronic check is subject to the charged under this paragraph (d) may (1) Authorization to handle item. The following conditions and limitations— recover from its sender in the manner sender authorizes the sender’s (A) A sender of an original check shall and under the circumstances set forth in Administrative Reserve Bank and any not be liable under paragraph (a)(5)(i) of this paragraph (d). other Reserve Bank or collecting bank to this section for any amount that the (3) A Reserve Bank’s failure to avail which the item is sent to handle the Reserve Bank pays under subpart D of itself of the remedy provided in this item (and authorizes any Reserve Bank part 229 of this chapter, or under paragraph (d) does not prejudice its that handles settlement for the item to § 229.34 of this chapter with respect to enforcement in any other manner of the make accounting entries), subject to this an electronic check, absent the sender’s indemnity agreement referred to in subpart and to the Reserve Banks’ agreement to the contrary; and paragraph (a)(5) of this section. (e) Security interest. When a sender operating circulars, and warrants its (B) Nothing in this subpart alters the sends an item to a Reserve Bank, the authority to give this authorization. liability of a sender of a substitute check sender and any prior collecting bank (2) Warranties for all items. The or paper or electronic representation of grant to the sender’s Administrative sender warrants to each Reserve Bank a substitute check under subpart D of Reserve Bank a security interest in all of handling the item that— part 229 of this chapter, or a sender of their respective assets in the possession (i) The sender is a person entitled to an electronic check under § 229.34 of of, or held for the account of, any enforce the item or authorized to obtain this chapter. Reserve Bank to secure their respective payment of the item on behalf of a (iii) A sender shall not be liable for person entitled to enforce the item; obligations due or to become due to the any amount that the Reserve Bank pays Administrative Reserve Bank under this (ii) The item has not been altered; and under this subpart or part 229 of this (iii) The item bears all indorsements subpart or subpart C or D of part 229 of chapter that is attributable to the applied by parties that previously this chapter (Regulation CC). The Reserve Bank’s own lack of good faith handled the item for forward collection security interest attaches when a or failure to exercise ordinary care. or return. warranty is breached or any other (3) Warranties and indemnities as set * * * * * obligation to the Reserve Bank is forth in Regulation CC and U.C.C. As (c) Recovery by Reserve Bank. incurred. If the Reserve Bank, in its sole applicable and unless otherwise (1) A Reserve Bank that has handled discretion, deems itself insecure and provided, the sender of an item makes an item may recover as provided in gives notice thereof to the sender or to each Reserve Bank that handles the paragraph (c)(2) if an action or prior collecting bank, or if the sender or item all the warranties and indemnities proceeding is brought against (or if prior collecting bank suspends set forth in and subject to the terms of defense is tendered to) the Reserve Bank payments or is closed, the Reserve Bank subparts C and D of part 229 of this based on— may take any action authorized by law chapter (Regulation CC) and Article 4 of (i) The alleged failure of the sender to to recover the amount of an obligation, the U.C.C. The sender makes all the have the authority to make the warranty including, but not limited to, the warranties set forth in and subject to the and agreement in paragraph (a)(1) of this exercise of rights of set off, the terms of 4–207 of the U.C.C. for an section; realization on any available collateral,

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and any other rights it may have as a amount of any losses that the recipient (b) * * * creditor under applicable law. bank incurs under subpart D of part 229 (2) * * * ■ 7. Amend § 210.6 by: of this chapter (Regulation CC) for an (i) On the day a paying bank receives ■ a. Revising paragraphs (a)(2)(iii), (b), indemnity that the recipient bank was a cash item from a Reserve Bank, it shall and (c); required to make under subpart D of settle for the item so that the proceeds ■ b. Adding paragraph (a)(2)(iv); and part 229 of this chapter in connection of the settlement are available to its ■ c. Removing paragraph (d). with a substitute check later created Administrative Reserve Bank, or return The revisions and additions read as from the electronic check. the item, by the latest of— follows: (ii) The Reserve Bank shall not be (A) The next clock hour or clock half- liable under paragraph (b)(4)(i) of this § 210.6 Status, warranties, and liability of hour that is at least one half-hour after Reserve Bank. section for any amount that the the paying bank receives the item; recipient bank pays under subpart D of (B) 8:30 a.m. eastern time; or (a) * * * part 229 of this chapter that is (C) Such later time as provided in the (2) * * * attributable to the lack of good faith or Reserve Banks’ operating circulars. (iii) As provided in an operating failure to exercise ordinary care of the circular issued in accordance with * * * * * recipient bank or a person that handled § 210.3(a) regarding the sending of (3) * * * the item, in any form, after the recipient items; and (i) * * * (iv) As provided in subparts C and D bank. (A) On that day, settle for the item so (c) Time for commencing action of part 229 of this chapter (Regulation that the proceeds of the settlement are against Reserve Bank. CC). available to its Administrative Reserve (1) A claim against a Reserve Bank for Bank, or return the item, by the latest of * * * * * lack of good faith or failure to exercise the next clock hour or clock half-hour (b) Warranties and liability. The ordinary care shall be barred unless the that is at least one half-hour after it following provisions apply when a action on the claim is commenced ordinarily would have received the Reserve Bank presents or sends an item. within two years after the claim accrues. (1) Warranties for all items. The item, 8:30 a.m. eastern time, or such Such a claim accrues on the date when later time as provided in the Reserve Reserve Bank warrants to a subsequent a Reserve Bank’s alleged failure to collecting bank and to the paying bank Banks’ operating circulars; or exercise ordinary care or to act in good (B) On the next day that is a banking and any other payor that— faith first results in damages to the (i) The Reserve Bank is a person day for both the paying bank and the claimant. Reserve Bank, settle for the item so that entitled to enforce the item (or is (2) A claim that arises under authorized to obtain payment of the the proceeds of the settlement are paragraph (b)(3) of this section shall be available to its Administrative Reserve item on behalf of a person that is either barred unless the action on the claim is entitled to enforce the item or Bank by 8:30 a.m. eastern time on that commenced within one year after the day or such later time as provided in the authorized to obtain payment on behalf claim accrues. Such a claim accrues as of a person entitled to enforce the item); Reserve Banks’ operating circulars; and of the date on which the claimant first compensate the Reserve Bank for the (ii) The item has not been altered; and learns, or by which the claimant (iii) The item bears all indorsements value of the float associated with the reasonably should have learned, of the item in accordance with procedures applied by parties that previously facts and circumstances giving rise to handled the item for forward collection provided in the Reserve Bank’s the claim. operating circular. or return. (3) This paragraph (d) does not alter (2) Warranties and indemnities as set the time limit for claims under * * * * * forth in Reserve Bank Operating § 229.38(g) of this chapter (which (4) Reserve Bank closed. If a paying Circulars. The Reserve makes any include claims for breach of warranty bank receives a cash item from a warranties and indemnities regarding under § 229.34 of this chapter) or Reserve Bank on a banking day that is the sending of items as set forth in an subpart D of part 229 of this chapter. not a banking day for the Reserve Bank, operating circular issued in accordance the paying bank shall— ■ 8. In § 210.7, revise paragraphs (a)(1) with § 210.3(a). (i) Settle for the item so that the and (b)(2) to read as follows: (3) Warranties and indemnities as set proceeds of the settlement are available forth in Regulation CC and U.C.C. As § 210.7 Presenting items for payment. to its Administrative Reserve Bank by applicable and unless otherwise (a) * * * the close of Fedwire on the Reserve provided, the Reserve Bank makes to a (1) A Reserve Bank or a subsequent Bank’s next banking day, or return the subsequent collecting bank and to the collecting bank may present an item for item by midnight of the day it receives paying bank all the warranties and payment or send the item for the item (if the paying bank fails to indemnities set forth in and subject to presentment and payment; and settle for or return a cash item in the terms of subparts C and D of part * * * * * accordance with this paragraph (b)(4)(i), 229 of this chapter (Regulation CC) and (b) * * * it shall become accountable for the Article 4 of the U.C.C. The Reserve Bank (2) In accordance with § 229.36 of this amount of the item as of the close of its makes all the warranties set forth in and chapter (Regulation CC); banking day on the day it receives the item); and subject to the terms of 4–207 of the * * * * * U.C.C. for an electronic check as if it ■ 9. Amend § 210.9 by: (ii) Settle for the item so that the were an item subject to the U.C.C. ■ a. Revising paragraphs (b)(2)(i), proceeds of the settlement are available (4) Indemnity for substitute check (b)(3)(i)(A), (b)(3)(i)(B), (b)(4) through to its Administrative Reserve Bank by created from an electronic check. (b)(6), paragraphs (c) through (e); and 8:30 a.m. eastern time on the Reserve (i) Except as provided in paragraph ■ b. Removing paragraph (f). Bank’s next banking day or such later (b)(4)(ii) of this section, the Reserve The revisions read as follows: time as provided in the Reserve Bank’s Bank shall indemnify the bank to which operating circular, or return the item by it transfers or presents an electronic § 210.9 Settlement and payment. midnight of the day it receives the item. check (the recipient bank) for the * * * * * If the paying bank fails to settle for or

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return a cash item in accordance with purposes of part 204 of this chapter Reserve Banks’ operating circulars. The this paragraph (b)(4)(ii), it shall be (Regulation D) and becomes available rules or practices of a clearinghouse subject to any applicable overdraft for use by the sender or paying or through which the item was presented, charges. Settlement under this returning bank. The Reserve Bank that or a special collection agreement under paragraph (b)(4)(ii) satisfies the holds the settlement account shall give which the item was presented, may not settlement requirements of paragraph either immediate or deferred credit to a extend these return times, but may (b)(4)(i) of this section. sender, a paying bank, or a returning provide for a shorter return time. (5) Manner of settlement. Settlement bank (other than a foreign (2) Return of checks not handled by with a Reserve Bank under paragraphs correspondent) in accordance with the Reserve Banks. A paying bank that (b)(1) through (4) of this section shall be time schedule of the receiving Reserve receives a check, other than from a made by debit to an account on the Bank. A Reserve Bank ordinarily gives Reserve Bank, and that determines not Reserve Bank’s books or other form of credit to a foreign correspondent only to pay the check, may send the returned settlement to which the Reserve Bank when the Reserve Bank receives check to any Reserve Bank (unless its agrees, except that the Reserve Bank payment of the item in actually and Administrative Reserve Bank directs it may, in its discretion, obtain settlement finally collected funds, but, in its to send the returned check to a specific by charging the paying bank’s account. discretion, a Reserve Bank may give Reserve Bank) in accordance with A paying bank may not set off against immediate or deferred credit in subpart C of part 229 of this chapter the amount of a settlement under this accordance with its time schedule. (Regulation CC), the Uniform section the amount of a claim with * * * * * Commercial Code, and the Reserve respect to another cash item, cash letter, ■ 11. Amend § 210.11 by: Banks’ operating circulars. A returning or other claim under § 229.34 of this ■ a. Revising paragraph (b) and; bank may send a returned check to any chapter (Regulation CC) or other law. ■ b. Removing paragraph (c). Reserve Bank (unless its Administrative (6) Notice in lieu of return. If a cash The revision reads as follows: Reserve Bank directs it to send the item is unavailable for return, the returned check to a specific Reserve paying bank may send a notice in lieu § 210.11 Availability of proceeds of Bank) in accordance with subpart C of of return as provided in § 229.31(f) of noncash items; time schedule. part 229 of this chapter (Regulation CC), this chapter (Regulation CC). * * * * * the Uniform Commercial Code, and the (c) Noncash items. A Reserve Bank (b) Time schedule. A Reserve Bank Reserve Banks’ operating circulars. may require the paying or collecting may give credit for the proceeds of a * * * * * bank to which it has presented or sent noncash item subject to payment in (c) Paying bank’s and returning a noncash item to pay for the item by actually and finally collected funds in bank’s agreement. The warranties, a debit to an account maintained or accordance with a published time indemnities, authorizations, and used by the paying or collecting bank on schedule. The time schedule shall agreements made pursuant to this the Reserve Bank’s books or by any indicate when the proceeds of the paragraph may not be disclaimed and other form of settlement acceptable to noncash item will be counted toward are made whether or not the returned the Reserve Bank. the balance maintained to satisfy a check bears an indorsement of the (d) Nonbank payor. A Reserve Bank reserve balance requirement for paying bank or returning bank. By may require a nonbank payor to which purposes of part 204 of this chapter sending a returned check to a Reserve it has presented an item to pay for it by (Regulation D) and become available for Bank, the paying bank or returning bank debit to an account on the Reserve use by the sender. A Reserve Bank may, does all of the following. Bank’s books or other form of settlement however, refuse at any time to permit (1) Authorization to handled returned acceptable to the Reserve Bank. the use of credit given by it for a check. The paying bank or returning (e) Liability of Reserve Bank. Except noncash item for which the Reserve bank authorizes the paying bank’s or as set forth in 12 CFR 229.35(b), a Bank has not yet received payment in returning bank’s Administrative Reserve Reserve Bank shall not be liable for the actually and finally collected funds. Bank, and any other Reserve Bank or failure of a collecting bank, paying bank, ■ 12. In § 210.12, revise paragraphs (a) returning bank to which the returned or nonbank payor to pay for an item, or and (c) through (g) to read as follows: check is sent, to handle the returned for any loss resulting from the Reserve check (and authorizes any Reserve Bank Bank’s acceptance of any form of § 210.12 Return of cash items and that handles settlement for the returned handling of returned checks. payment other than cash authorized in check to make accounting entries) paragraphs (b), (c), and (d) of this (a) Return of items— subject to this subpart and to the section. A Reserve Bank that acts in (1) Return of cash items handled by Reserve Banks’ operating circulars. good faith and exercises ordinary care Reserve Banks. A paying bank that (2) Warranties for all returned checks. shall not be liable for the nonpayment receives a cash item from a Reserve The paying bank or returning bank of, or failure to realize upon, any non- Bank, other than for immediate payment warrants to each Reserve Bank handling cash form of payment that it accepts over the counter, and that settles for the a returned check that the returned check under paragraphs (b), (c), and (d) of this item as provided in § 210.9(b), may, bears all indorsements applied by section. before it has finally paid the item, return parties that previously handled the ■ 10. In § 210.10, revise paragraph (a) to the item to any Reserve Bank (unless its returned check for forward collection or read as follows: Administrative Reserve Bank directs it return. to return the item to a specific Reserve (3) Warranties and indemnities as set § 210.10 Time schedule and availability of Bank) in accordance with subpart C of forth in Regulation CC. As applicable credits for cash items and returned checks. part 229 of this chapter (Regulation CC), and unless otherwise provided, a paying (a) Each Reserve Bank shall publish a the Uniform Commercial Code, and the bank or returning bank makes to each time schedule indicating when the Reserve Banks’ operating circulars. A Reserve Bank that handles the returned amount of any cash item or returned paying bank that receives a cash item check all the warranties and check received by it is counted toward from a Reserve Bank also may return the indemnities set forth in and subject to the balance maintained to satisfy a item prior to settlement, in accordance the terms of subparts C and D of part reserve balance requirement for with § 210.9(b) of this subpart and the 229 of this chapter (Regulation CC).

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(4) Paying bank or returning bank’s (i) Warranties for all items. The of this section or part 229 of this liability to Reserve Bank. Reserve Bank warrants to the bank to chapter, (i) Except as provided in paragraph which it sends the returned check that (2) Upon entry of a final judgment or (c)(4)(ii) and (iii) of this section, a the returned check bears all decree in an action or proceeding paying bank or returning bank agrees to indorsements applied by parties that described in paragraph (f)(1), a Reserve indemnify each Reserve Bank for any previously handled the returned check Bank may recover from the paying bank loss or expense (including attorneys’ for forward collection or return. or returning bank the amount of fees and expenses of litigation) resulting (ii) Warranties and indemnities as set attorneys’ fees and other expenses of from— forth in Regulation CC. As applicable litigation incurred, as well as any (A) The paying or returning bank’s and unless otherwise provided, the amount the Reserve Bank is required to lack of authority to give the Reserve Bank makes to the bank to pay because of the judgment or decree authorization in paragraph (c)(1) of this which it sends the returned check all or the tender of defense, together with section; the warranties and indemnities set forth interest thereon. (B) Any action taken by a Reserve in and subject to the terms of subparts (g) Methods of recovery. Bank within the scope of its authority in C and D of part 229 of this chapter (1) The Reserve Bank may recover the handling the returned check; or (Regulation CC). amount stated in paragraph (f) of this (C) Any warranty or indemnity made (2) Indemnity for substitute check section by charging any account on its by the Reserve Bank under paragraph (e) created from electronic returned check. books that is maintained or used by the of this section or part 229 of this (i) Except as provided in paragraph paying bank or returning bank (or by chapter. (e)(2)(ii) of this section, the Reserve charging another returning Reserve (ii) A paying bank’s or returning Bank shall indemnify the bank to which Bank), if— bank’s liability for warranties and it transfers or presents and electronic (i) The Reserve Bank made seasonable indemnities that a Reserve Bank makes returned check (the recipient bank) for written demand on the paying bank or for a returned check that is a substitute the amount of any losses that the returning bank to assume defense of the check, a paper or electronic recipient bank incurs under subpart D of action or proceeding; and representation thereof, or an electronic part 229 of this chapter (Regulation CC) (ii) The paying bank or returning bank returned check is subject to the for an indemnity that the recipient bank has not made any other arrangement for following conditions and limitations— was required to make under subpart D payment that is acceptable to the (A) A paying bank or returning bank of part 229 of this chapter in connection Reserve Bank. that sent an original returned check with a substitute check later created (2) The Reserve Bank is not shall not be liable for any amount that from the electronic returned check. responsible for defending the action or a Reserve Bank pays under subpart D of proceeding before using this method of (ii) The Reserve Bank shall not be part 229 of this chapter, or under recovery. A Reserve Bank that has been liable under paragraph (e)(2)(i) of this § 229.34 of this chapter with respect to charged under this paragraph (g) may section for any amount that the an electronic returned check, absent the recover from the paying or returning recipient bank pays under subpart D of paying bank’s or returning bank’s bank in the manner and under the part 229 of this chapter that is agreement to the contrary; circumstances set forth in this attributable to the lack of good faith or (B) Nothing in this subpart alters the paragraph (g). failure to exercise ordinary care of the liability under subpart D of part 229 of (3) A Reserve Bank’s failure to avail recipient bank or a person that handled this chapter of a paying bank or itself of the remedy provided in this the item, in any form, after the recipient returning bank that sent a substitute paragraph (g) does not prejudice its bank. check or a paper or electronic enforcement in any other manner of the (3) A Reserve Bank shall not have or representation of a substitute check or indemnity agreement referred to in assume any other liability to any person under § 229.34 of this chapter of a paragraph (c)(4) of this section. paying bank or returning bank that sent except— (i) For the Reserve Bank’s own lack of * * * * * an electronic returned check; and ■ 13. Amend § 210.25 by: (iii) A paying bank or returning bank good faith or failure to exercise ordinary ■ care; a. Revising the introductory text of shall not be liable for any amount that paragraph (b)(2); and (ii) As provided in this paragraph (e); the Reserve Bank pays under this ■ b. Adding paragraph (e). subpart or part 229 of this chapter that and The revisions and additions read as is attributable to the Reserve Bank’s own (iii) As provided in subparts C and D follows: lack of good faith or failure to exercise of part 229 of this chapter (Regulation ordinary care. CC). Subpart B—Funds Transfers Through (d) Paying bank or returning bank’s (f) Recovery by Reserve Bank. Fedwire liability under other law. Nothing in (1) A Reserve Bank that has handled paragraph (c) of this section limits any a returned check may recover as § 210.25 Authority, purpose, and scope. warranty or indemnity by a returning provided in paragraph (f)(2) if an action * * * * * bank or paying bank (or a person that or proceeding is brought against (or if (b) * * * handled an item prior to that bank) defense is tendered to) the Reserve Bank (2) Except as otherwise provided in arising under state law or regulation based on— paragraphs (b)(3) and (b)(4) of this (such as the U.C.C.), other federal law or (i) The alleged failure of the paying section, including Article 4A as regulation (such as part 229 of this bank or returning bank to have the incorporated herein, and operating chapter), or an agreement with a Reserve authority to give the authorization in circulars of the Reserve Banks issued in Bank. paragraph (c)(1) of this section; accordance with paragraph (c) of this (e) Warranties by and liability of (ii) Any action by the Reserve Bank section, this subpart governs the rights Reserve Bank. within the scope of its authority in and obligations of: (1) The following provisions apply handling the returned check; or * * * * * when a Reserve Bank handles a returned (iii) Any warranty or indemnity made (e) Financial Messaging Standards. check under this subpart. by the Reserve Bank under paragraph (e) Financial messaging standards (e.g., ISO

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20022), including the financial Instead, subpart B of Regulation J and Federal explicit interest directly to a remote party to messaging components, elements, Reserve Bank operating circulars govern the a Fedwire funds transfer that is entitled to technical documentation, tags, and rights and obligations of parties to funds interest, rather than providing compensation terminology used to implement those transfers sent through the Fedwire Funds to its direct sender or receiving bank. Service as provided in section 210.25(b). * * * * * standards, do not confer or connote Thus, to the extent there is any inconsistency legal status or responsibilities. This between a financial messaging standard By order of the Board of Governors of the subpart, including Article 4A as adopted by the Fedwire Funds Service and Federal Reserve System, February 28, 2018. incorporated herein, and the operating subpart B of Regulation J, subpart B of Ann E. Misback, circulars of the Reserve Banks issued in Regulation J, including Article 4A as adopted Secretary of the Board. in its appendix, will prevail. In the ISO accordance with paragraph (c) of this [FR Doc. 2018–04486 Filed 3–14–18; 8:45 am] section govern the rights and obligations 20022 financial messaging standard, for example, the term agent is used to refer to BILLING CODE 6210–01–P of parties to funds transfers sent through a variety of bank parties to a funds transfer the Fedwire Funds Service as provided (e.g., debtor agent, creditor agent, in paragraph (b) of this section. To the intermediary agent). Notwithstanding use of DEPARTMENT OF TRANSPORTATION extent there is any inconsistency that term in the standard and in message tags, between a financial messaging standard such banks are not the agents of any party to Federal Aviation Administration adopted by the Fedwire Funds Service a funds transfer and owe no duty to any other party to such a funds transfer except as and this subpart, this subpart shall 14 CFR Part 71 prevail. provided in subpart B of Regulation J ■ 14. In § 210.26, revise paragraph (e) to (including Article 4A) or by express [Docket No. FAA–2018–007; Airspace agreement. The ISO 20022 financial Docket No. 17–AWP–18] read as follows: messaging standard also permits information § 210.26 Definitions. to be carried in a funds-transfer message Proposed Amendment of Class E regarding persons that are not parties to that Airspace; Mesquite, NV * * * * * funds transfer (e.g., ultimate debtor, ultimate (e) Fedwire Funds Service and creditor, initiating party) for regulatory, AGENCY: Federal Aviation Fedwire means the funds-transfer compliance, remittance, or other purposes. Administration (FAA), DOT. system owned and operated by the An ‘‘ultimate debtor’’ is not an ‘‘originator’’ ACTION: Notice of proposed rulemaking Federal Reserve Banks that is used as defined in Article 4A. The relationship (NPRM). primarily for the transmission and between the ultimate debtor and the originator (what the ISO 20022 standard calls settlement of payment orders governed SUMMARY: This action proposes to by this subpart. Fedwire does not the ‘‘debtor’’) is determined by law other than Article 4A. modify Class E airspace extending include the system for making upward from 700 feet above the surface automated clearing house transfers. * * * * * Section 210.32—Federal Reserve Bank at Mesquite Airport, Mesquite, NV, by * * * * * Liability; Payment of Interest enlarging the area southwest of the * * * * * airport and updating the airport’s §§ 210.9, 210.25, and 210.29 [Amended] geographic coordinates to match the ■ 15. In addition to the amendments set (b) Payment of interest. (1) Under article 4A, a Federal Reserve Bank may be required FAA’s aeronautical database. These forth above, in 12 CFR part 210, remove to pay compensation in the form of interest changes are necessary to accommodate the words ‘‘Fedwire’’ and add, in their to another party in connection with its new area navigation (RNAV) procedures place, the words ‘‘the Fedwire Funds handling of a funds transfer. For example, at this airport. Service’’ in the following places: payment of compensation in the form of DATES: Comments must be received on (a) Section 210.9(b)(4)(i)(A); interest is required in certain situations (b) Sections 210.25(a), (b)(3); and pursuant to sections 4A–204 (relating to or before April 30, 2018. (c) Section 210.29(b). refund of payment and duty of customer to ADDRESSES: Send comments on this Appendix A to subpart B of part 210 report with respect to unauthorized payment proposal to the U.S. Department of [Amended] order), 4A–209 (relating to acceptance of Transportation, Docket Operations, 1200 ■ 16. In Appendix A to subpart B of part payment order), 4A–210 (relating to rejection New Jersey Avenue SE, West Building 210: of payment order), 4A–304 (relating to duty Ground Floor, Room W12–140, (a) Under ‘‘Section 210.25— of sender to report erroneously executed payment order), 4A–305 (relating to liability Washington, DC 20590; telephone: 1– Authority, Purpose, and Scope’’, add for late or improper execution or failure to 800–647–5527, or (202) 366–9826. You paragraph (e). execute a payment order), 4A–402 (relating to must identify FAA Docket No. FAA– (b) Under ‘‘Section 210.32—Federal obligation of sender to pay receiving bank), 2018–007; Airspace Docket No. 17– Reserve Bank Liability; Payment of and 4A–404 (relating to obligation of AWP–18, at the beginning of your Interest’’, revise paragraph (b). beneficiary’s bank to pay and give notice to comments. You may also submit The additions and revisions read as beneficiary). comments through the internet at http:// follows: (2) Section 210.32(b) requires Federal www.regulations.gov. Reserve Banks to provide compensation Appendix A to Subpart B of Part 210— through an explicit interest payment. Under FAA Order 7400.11B, Airspace Commentary section 4A–506(a), the amount of such Designations and Reporting Points, and interest may be determined by agreement subsequent amendments can be viewed * * * * * between the sender and receiving bank or by online at http://www.faa.gov/air_traffic/ Section 210.25—Authority, Purpose, and funds-transfer system rule. If there is no such publications/. For further information, Scope agreement, under section 4A–506(b), the you can contact the Airspace Policy * * * * * amount of interest is based on the federal Group, Federal Aviation (e) Financial messaging standards. This funds rate. Administration, 800 Independence paragraph makes clear that financial Similarly, compensation in the form of Avenue SW, Washington, DC 20591; messaging standards, including the financial explicit interest will be paid to government messaging components, elements, technical senders, receiving banks, or beneficiaries telephone: (202) 267–8783. The Order is documentation, tags, and terminology used to described in § 210.25(d) if they are entitled also available for inspection at the implement those standards, do not confer or to interest under this subpart. A Federal National Archives and Records connote legal status or responsibilities. Reserve Bank may also, in its discretion, pay Administration (NARA). For

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information on the availability of FAA will be considered before taking action Order 7400.11B, dated August 3, 2017, Order 7400.11B at NARA, call (202) on the proposed rule. The proposal and effective September 15, 2017, which 741–6030, or go to https:// contained in this notice may be changed is incorporated by reference in 14 CFR www.archives.gov/federal-register/cfr/ in light of the comments received. A 71.1. The Class E airspace designation ibr-locations.html. report summarizing each substantive listed in this document will be FAA Order 7400.11, Airspace public contact with FAA personnel published subsequently in the Order. Designations and Reporting Points, is concerned with this rulemaking will be Regulatory Notices and Analyses published yearly and effective on filed in the docket. The FAA has determined that this September 15. Availability of NPRMs FOR FURTHER INFORMATION CONTACT: Tom regulation only involves an established Clark, Federal Aviation Administration, An electronic copy of this document body of technical regulations for which Operations Support Group, Western may be downloaded through the frequent and routine amendments are Service Center, 2200 S 216th St., Des internet at http://www.regulations.gov. necessary to keep them operationally Moines, WA 98198–6547; telephone Recently published rulemaking current, is non-controversial and (206) 231–2253. documents can also be accessed through unlikely to result in adverse or negative the FAA’s web page at http:// comments. It, therefore: (1) Is not a SUPPLEMENTARY INFORMATION: www.faa.gov/air_traffic/publications/ ‘‘significant regulatory action’’ under Authority for This Rulemaking airspace_amendments/. Executive Order 12866; (2) is not a You may review the public docket The FAA’s authority to issue rules ‘‘significant rule’’ under DOT containing the proposal, any comments Regulatory Policies and Procedures (44 regarding aviation safety is found in received, and any final disposition in Title 49 of the United States Code. FR 11034; February 26, 1979); and (3) person in the Dockets Office (see the does not warrant preparation of a Subtitle I, Section 106 describes the ADDRESSES section for the address and authority of the FAA Administrator. regulatory evaluation as the anticipated phone number) between 9:00 a.m. and impact is so minimal. Since this is a Subtitle VII, Aviation Programs, 5:00 p.m., Monday through Friday, describes in more detail the scope of the routine matter that will only affect air except federal holidays. An informal traffic procedures and air navigation, it agency’s authority. This rulemaking is docket may also be examined during promulgated under the authority is certified that this rule, when normal business hours at the Northwest promulgated, would not have a described in Subtitle VII, Part A, Mountain Regional Office of the Federal Subpart I, Section 40103. Under that significant economic impact on a Aviation Administration, Air Traffic substantial number of small entities section, the FAA is charged with Organization, Western Service Center, prescribing regulations to assign the use under the criteria of the Regulatory Operations Support Group, 2200 S Flexibility Act. of airspace necessary to ensure the 216th St., Des Moines, WA 98198–6547. safety of aircraft and the efficient use of Environmental Review airspace. This regulation is within the Availability and Summary of This proposal will be subject to an scope of that authority as it would Documents for Incorporation by environmental analysis in accordance amend Class E airspace at Mesquite Reference with FAA Order 1050.1F, Airport, Mesquite, NV to support IFR This document proposes to amend ‘‘Environmental Impacts: Policies and operations at the airport. FAA Order 7400.11B, Airspace Procedures’’ prior to any FAA final Comments Invited Designations and Reporting Points, regulatory action. dated August 3, 2017, and effective Interested parties are invited to September 15, 2017. FAA Order List of Subjects in 14 CFR Part 71 participate in this proposed rulemaking 7400.11B is publicly available as listed by submitting such written data, views, Airspace, Incorporation by reference, in the ADDRESSES section of this Navigation (air). or arguments, as they may desire. document. FAA Order 7400.11B lists Comments that provide the factual basis Class A, B, C, D, and E airspace areas, The Proposed Amendment supporting the views and suggestions air traffic service routes, and reporting Accordingly, pursuant to the presented are particularly helpful in points. authority delegated to me, the Federal developing reasoned regulatory Aviation Administration proposes to decisions on the proposal. Comments The Proposal amend 14 CFR part 71 as follows: are specifically invited on the overall The FAA is proposing an amendment regulatory, aeronautical, economic, to Title 14 Code of Federal Regulations PART 71—DESIGNATION OF CLASS A, environmental, and energy-related (14 CFR) part 71 by modifying Class E B, C, D, AND E AIRSPACE AREAS; AIR aspects of the proposal. airspace extending upward from 700 TRAFFIC SERVICE ROUTES; AND Communications should identify both feet above the surface at Mesquite REPORTING POINTS docket numbers and be submitted in Airport, Mesquite, NV, to within 2.5 triplicate to the address listed above. miles northwest and 5.5 miles southeast ■ 1. The authority citation for 14 CFR Persons wishing the FAA to (from 1.8 miles each side) of the airport part 71 continues to read as follows: acknowledge receipt of their comments 233° bearing (from the Mormon Mesa ° Authority: 49 U.S.C. 106(f), 106(g), 40103, on this notice must submit with those VORTAC 068 bearing) extending to 10 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, comments a self-addressed, stamped miles southwest of the airport. This 1959–1963 Comp., p. 389. postcard on which the following proposed airspace redesign is necessary statement is made: ‘‘Comments to to accommodate new RNAV procedures § 71.1 [Amended] Docket No. FAA–2018–007; Airspace for this airport. ■ 2. The incorporation by reference in Docket No. 17–AWP–18’’. The postcard Additionally, this action would 14 CFR 71.1 of FAA Order 7400.11B, will be date/time stamped and returned update the geographic coordinates of the Airspace Designations and Reporting to the commenter. airport to match the FAA’s aeronautical Points, dated August 3, 2017, and All communications received before database.. Class E airspace designations effective September 15, 2017, is the specified closing date for comments are published in paragraph 6005 of FAA amended as follows:

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Paragraph 6005 Class E Airspace Areas 366–9826, or (800)-647–5527. You must by submitting such written data, views, Extending Upward From 700 Feet or More identify FAA Docket No. FAA–2018– or arguments, as they may desire. Above the Surface of the Earth. 0006; Airspace Docket No. 18–AGL–1 at Comments that provide the factual basis * * * * * the beginning of your comments. You supporting the views and suggestions AWP NV E5 Mesquite, NV [Amended] may also submit comments through the presented are particularly helpful in internet at http://www.regulations.gov. developing reasoned regulatory Mesquite Airport, NV decisions on the proposal. Comments (Lat. 36°49′59″ N, long. 114°03′21″ W) You may review the public docket containing the proposal, any comments are specifically invited on the overall That airspace extending upward from 700 regulatory, aeronautical, economic, feet above the surface within a 6.5-mile received, and any final disposition in radius of Mesquite Airport and within 2.5 person in the Dockets Office between environmental, and energy-related miles northwest and 5.5 miles southeast of 9:00 a.m. and 5:00 p.m., Monday aspects of the proposal. the airport 233° bearing extending from the through Friday, except federal holidays. Communications should identify both airport to 10 miles southwest of the airport. FAA Order 7400.11B, Airspace docket numbers and be submitted in triplicate to the address listed above. Issued in Seattle, Washington, on March 5, Designations and Reporting Points, and 2018. subsequent amendments can be viewed Commenters wishing the FAA to _ acknowledge receipt of their comments Shawn M. Kozica, online at http://www.faa.gov/air traffic/ publications/. For further information, on this notice must submit with those Manager, Operations Support Group, Western comments a self-addressed, stamped Service Center. you can contact the Airspace Policy Group, Federal Aviation postcard on which the following [FR Doc. 2018–05043 Filed 3–14–18; 8:45 am] Administration, 800 Independence statement is made: ‘‘Comments to BILLING CODE 4910–13–P Avenue SW, Washington, DC, 20591; Docket No. FAA–2018–0006/Airspace telephone: (202) 267–8783. The Order is Docket No. 18–AGL–1.’’ The postcard will be date/time stamped and returned DEPARTMENT OF TRANSPORTATION also available for inspection at the National Archives and Records to the commenter. Federal Aviation Administration Administration (NARA). For All communications received before information on the availability of FAA the specified closing date for comments 14 CFR Part 71 Order 7400.11B at NARA, call (202) will be considered before taking action 741–6030, or go to https:// on the proposed rule. The proposal [Docket No. FAA–2018–0006; Airspace www.archives.gov/federal-register/cfr/ contained in this notice may be changed Docket No. 18–AGL–1] ibr-locations.html. in light of the comments received. A FAA Order 7400.11, Airspace report summarizing each substantive Proposed Amendment of Class D public contact with FAA personnel Airspace; Appleton, WI Designations and Reporting Points, is published yearly and effective on concerned with this rulemaking will be AGENCY: Federal Aviation September 15. filed in the docket. Administration (FAA), DOT. FOR FURTHER INFORMATION CONTACT: Availability of NPRMs ACTION: Notice of proposed rulemaking Walter Tweedy, Federal Aviation An electronic copy of this document (NPRM). Administration, Operations Support may be downloaded through the Group, Central Service Center, 10101 SUMMARY: This action proposes to internet at http://www.regulations.gov. Hillwood Parkway, Fort Worth, TX modify Class D airspace at Appleton Recently published rulemaking 76177; telephone (817) 222–5900. International Airport (formerly documents can also be accessed through Outagamie County Airport), Appleton, SUPPLEMENTARY INFORMATION: the FAA’s web page at http:// _ WI. The FAA is proposing this action Authority for This Rulemaking www.faa.gov/air traffic/publications/ due to the decommissioning of the airspace_amendments/. GAMIE locator outer marker (LOM) and The FAA’s authority to issue rules You may review the public docket collocated outer marker (OM) which regarding aviation safety is found in containing the proposal, any comments provided navigation guidance to the Title 49 of the United States Code. received, and any final disposition in airport. This action would enhance the Subtitle I, Section 106 describes the person in the Dockets Office (see the safety and management of instrument authority of the FAA Administrator. ADDRESSES section for the address and flight rules (IFR) operations at this Subtitle VII, Aviation Programs, phone number) between 9:00 a.m. and airport. Also, the airport name and describes in more detail the scope of the 5:00 p.m., Monday through Friday, geographic coordinates would be agency’s authority. This rulemaking is except federal holidays. An informal adjusted to coincide with the FAA’s promulgated under the authority docket may also be examined during aeronautical database. Additionally, this described in Subtitle VII, Part A, normal business hours at the Federal action would replace the outdated term Subpart I, Section 40103. Under that Aviation Administration, Air Traffic ‘‘Airport/Facility Directory’’ with the section, the FAA is charged with Organization, Central Service Center, term ‘‘Chart Supplement’’ in the legal prescribing regulations to assign the use Operations Support Group, 10101 description, remove the city associated of airspace necessary to ensure the Hillwood Parkway, Fort Worth, TX with the airport name in the airspace safety of aircraft and the efficient use of 76177. designation. airspace. This regulation is within the scope of that authority as it would Availability and Summary of DATES: Comments must be received on amend Class D airspace, at Appleton Documents for Incorporation by or before April 30, 2018. International Airport, Appleton, WI, to Reference ADDRESSES: Send comments on this support instrument flight rules (IFR) This document proposes to amend proposal to the U.S. Department of operations at the airport. FAA Order 7400.11B, Airspace Transportation, Docket Operations, Designations and Reporting Points, West Building Ground Floor, Room Comments Invited dated August 3, 2017, and effective W12–140, 1200 New Jersey Avenue SE, Interested parties are invited to September 15, 2017. FAA Order Washington, DC 20590; telephone (202) participate in this proposed rulemaking 7400.11B is publicly available as listed

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in the ADDRESSES section of this Environmental Review DEPARTMENT OF TRANSPORTATION document. FAA Order 7400.11B lists Class A, B, C, D, and E airspace areas, This proposal will be subject to an Federal Aviation Administration air traffic service routes, and reporting environmental analysis in accordance points. with FAA Order 1050.1F, 14 CFR Part 71 ‘‘Environmental Impacts: Policies and The Proposal [Docket No. FAA–2018–0129; Airspace Procedures’’ prior to any FAA final Docket No. 18–AEA–4] The FAA is proposing an amendment regulatory action. Proposed Amendment of Class E to Title 14 Code of Federal Regulations List of Subjects in 14 CFR Part 71 (14 CFR) part 71 by modifying Class D Airspace; Altoona, PA airspace extending upward from the Airspace, Incorporation by reference, AGENCY: Federal Aviation surface to and including 3,400 feet MSL Navigation (air). Administration (FAA), DOT. within a 4.2-mile radius (decreased from a 4.4-mile radius) of Appleton The Proposed Amendment ACTION: Notice of proposed rulemaking (NPRM). International Airport (formerly Accordingly, pursuant to the Outagamie County Airport), Appleton, authority delegated to me, the Federal SUMMARY: This action proposes to WI. Airspace reconfiguration is Aviation administration proposes to amend Class E surface area airspace, necessary due to the decommissioning amend 14 CFR part 71 as follows: and Class E airspace extending upward of the GAMIE LOM/OM. from 700 feet or more above the surface This proposal also would update the PART 71—DESIGNATION OF CLASS A, at Altoona-Blair County Airport, airport name and geographic B, C, D, AND E AIRSPACE AREAS; AIR Altoona, PA. This action would coordinates of the airport to coincide TRAFFIC SERVICE ROUTES; AND accommodate airspace reconfiguration with the FAA’s aeronautical database. REPORTING POINTS due to the decommissioning of Altoona Additionally, this action would make VHF omnidirectional range navigation an editorial change to the Class D ■ 1. The authority citation for 14 CFR system (VOR) and cancellation of the airspace legal description replacing part 71 continues to read as follows: VOR approaches. Controlled airspace is ‘‘Airport/Facility Directory’’ with the necessary for the safety and term ‘‘Chart Supplement’’. Authority: 49 U.S.C. 106(f), 106(g); 40103, management of instrument flight rules 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, (IFR) operations at this airport. Finally, an editorial change would be 1959–1963 Comp., p. 389. made removing the name of the city DATES: Comments must be received on associated with the airport name in the § 71.1 [Amended] or before April 30, 2018. airspace designation to comply with a ■ 2. The incorporation by reference in ADDRESSES: Send comments on this recent change to FAA Order 7400.2L, 14 CFR 71.1 of FAA Order 7400.11B, proposal to: U.S. Department of Procedures for Handling Airspace Transportation, Docket Operations, 1200 Airspace Designations and Reporting Actions, dated October 12, 2017. New Jersey Avenue SE, West Building Points, dated August 3, 2017, and Class D airspace designations are Ground Floor, Room W12–140, effective September 15, 2017, is published in paragraph 5000, of FAA Washington, DC 20590; telephone: (800) amended as follows: Order 7400.11B, dated August 3, 2017, 647–5527, or (202) 366–9826. You must and effective September 15, 2017, which Paragraph 5000 Class D Airspace. identify the Docket No. FAA–2018– is incorporated by reference in 14 CFR * * * * * 0129; Airspace Docket No. 18–AEA–4, 71.1 at the beginning of your comments. You AGL WI D Appleton, WI [Amended] may also submit comments through the Regulatory Notices and Analyses Appleton International Airport, WI internet at http://www.regulations.gov. The FAA has determined that this (Lat. 44°15′29″ N, long 88°31′09″ W) FAA Order 7400.11B, Airspace regulation only involves an established That airspace extending upward from the Designations and Reporting Points, and body of technical regulations for which surface to and including 3,400 feet MSL subsequent amendments can be viewed _ frequent and routine amendments are within a 4.2-mile radius of Appleton on line at http://www.faa.gov/air necessary to keep them operationally International Airport. This Class D airspace traffic/publications/. For further current, is non-controversial and area is effective during the specific dates and information, you can contact the unlikely to result in adverse or negative times established in advance by a Notice to Airspace Policy Group, Federal Aviation comments. It, therefore: (1) Is not a Airmen. The effective date and time will Administration, 800 Independence ‘‘significant regulatory action’’ under thereafter be continuously published in the Avenue SW, Washington, DC, 20591; Executive Order 12866; (2) is not a Chart Supplement. telephone: (202) 267–8783. The Order is also available for inspection at the ‘‘significant rule’’ under DOT Issued in Fort Worth, Texas, on March 8, National Archives and Records Regulatory Policies and Procedures (44 2018. FR 11034; February 26, 1979); and (3) Administration (NARA). For Christopher L. Southerland, does not warrant preparation of a information on the availability of FAA regulatory evaluation as the anticipated Acting Manager, Operations Support Group, Order 7400.11B at NARA, call (202) impact is so minimal. Since this is a ATO Central Service Center. 741–6030, or go to https:// routine matter that will only affect air [FR Doc. 2018–05194 Filed 3–14–18; 8:45 am] www.archives.gov/federal-register/cfr/ traffic procedures and air navigation, it BILLING CODE 4910–13–P ibr-locations.html. is certified that this rule, when FAA Order 7400.11, Airspace promulgated, would not have a Designations and Reporting Points, is significant economic impact on a published yearly and effective on substantial number of small entities September 15. under the criteria of the Regulatory FOR FURTHER INFORMATION, CONTACT: Flexibility Act. John Fornito, Operations Support

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Group, Eastern Service Center, Federal public docket both before and after the The Class E airspace area extending Aviation Administration, 1701 comment closing date. A report upward from 700 feet above the surface Columbia Avenue, College Park, GA summarizing each substantive public would be amended to within an 11.2- 30337; telephone (404) 305–6364. contact with FAA personnel concerned mile (from a 6.5-mile) radius of the SUPPLEMENTARY INFORMATION: with this rulemaking will be filed in the airport. The segment extending from the docket. Altoona VOR to 16 miles northeast of Authority for This Rulemaking the VOR would be removed. These Availability of NPRMs The FAA’s authority to issue rules changes would enhance the safety and regarding aviation safety is found in An electronic copy of this document management of IFR operations at the Title 49 of the United States Code. may be downloaded through the airport. Subtitle I, Section 106 describes the internet at http://www.regulations.gov. Class E airspace designations are authority of the FAA Administrator. Recently published rulemaking published in Paragraphs 6002 and 6005, Subtitle VII, Aviation Programs, documents can also be accessed through respectively of FAA Order 7400.11B, describes in more detail the scope of the the FAA’s web page at http:// dated August 3, 2017, and effective agency’s authority. This rulemaking is www.faa.gov/air_traffic/publications/ September 15, 2017, which is promulgated under the authority airspace_amendments/. incorporated by reference in 14 CFR described in Subtitle VII, Part A, You may review the public docket 71.1. The Class E airspace designations Subpart I, Section 40103. Under that containing the proposal, any comments listed in this document will be section, the FAA is charged with received, and any final disposition in published subsequently in the Order. prescribing regulations to assign the use person in the Dockets Office (see the Regulatory Notices and Analyses of airspace necessary to ensure the ADDRESSES section for address and safety of aircraft and the efficient use of phone number) between 9:00 a.m. and The FAA has determined that this airspace. This regulation is within the 5:00 p.m., Monday through Friday, proposed regulation only involves an scope of that authority as it would except federal holidays. An informal established body of technical amend Class E airspace at Altoona-Blair docket may also be examined between regulations for which frequent and County Airport, Altoona, PA, to support 8:00 a.m. and 4:30 p.m., Monday routine amendments are necessary to IFR operations at the airport. through Friday, except federal holidays keep them operationally current. It, Comments Invited at the office of the Eastern Service therefore: (1) Is not a ‘‘significant regulatory action’’ under Executive Interested persons are invited to Center, Federal Aviation Administration, Room 350, 1701 Order 12866; (2) is not a ‘‘significant comment on this proposed rulemaking rule’’ under DOT Regulatory Policies by submitting such written data, views, Columbia Avenue, College Park, GA 30337. and Procedures (44 FR 11034; February or arguments, as they may desire. 26, 1979); and (3) does not warrant Comments that provide the factual basis Availability and Summary of preparation of a Regulatory Evaluation supporting the views and suggestions Documents for Incorporation by as the anticipated impact is so minimal. presented are particularly helpful in Reference Since this is a routine matter that will developing reasoned regulatory only affect air traffic procedures and air decisions on the proposal. Comments This document proposes to amend navigation, it is certified that this are specifically invited on the overall FAA Order 7400.11B, Airspace proposed rule, when promulgated, will regulatory, aeronautical, economic, Designations and Reporting Points, not have a significant economic impact environmental, and energy-related dated August 3, 2017, and effective on a substantial number of small entities aspects of the proposal. September 15, 2017. FAA Order under the criteria of the Regulatory Communications should identify both 7400.11B is publicly available as listed Flexibility Act. docket numbers (Docket No. FAA– in the ADDRESSES section of this 2018–0129 and Airspace Docket No. 18– document. FAA Order 7400.11B lists Environmental Review Class A, B, C, D, and E airspace areas, AEA–4) and be submitted in triplicate to This proposal will be subject to an DOT Docket Operations (see ADDRESSES air traffic service routes, and reporting points. environmental analysis in accordance section for the address and phone with FAA Order 1050.1F, number.) You may also submit The Proposal ‘‘Environmental Impacts: Policies and comments through the internet at http:// The FAA is considering an Procedures’’ prior to any FAA final www.regulations.gov. regulatory action. Persons wishing the FAA to amendment to Title 14, Code of Federal acknowledge receipt of their comments Regulations (14 CFR) part 71 to amend Lists of Subjects in 14 CFR Part 71 on this action must submit with those Class E surface area airspace, and Class E airspace extending upward from 700 Airspace, Incorporation by reference, comments a self-addressed stamped Navigation (air). postcard on which the following feet or more above the surface due to the statement is made: ‘‘Comments to FAA decommissioning of the Altoona VOR The Proposed Amendment and cancelation of associated Docket No. FAA–2018–0129; Airspace In consideration of the foregoing, the approaches at Altoona-Blair County Docket No. 18–AEA–4.’’ The postcard Federal Aviation Administration Airport, Altoona, PA. will be date/time stamped and returned proposes to amend 14 CFR part 71 as to the commenter. The Class E surface area airspace follows: All communications received before would be amended to within a 4.7-mile the specified closing date for comments (from a 4-mile) radius of the airport, PART 71—DESIGNATION OF CLASS A, will be considered before taking action with a segment 1.0-mile each side of the B, C, D, AND E AIRSPACE AREAS; AIR on the proposed rule. The proposal 026° bearing from the airport to 8.7 TRAFFIC SERVICE ROUTES; AND contained in this document may be miles northeast. The segment extending REPORTING POINTS changed in light of the comments from the Altoona VOR to 7.4 miles received. All comments submitted will northeast of the VOR would be ■ 1. The authority citation for part 71 be available for examination in the removed. continues to read as follows:

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Authority: 49 U.S.C. 106(f), 106(g); 40103, • Federal eRulemaking Portal: http:// disk or CD–ROM as CBI and then 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, www.regulations.gov. Follow the online identify electronically within the disk or 1959–1963 Comp., p. 389. instructions for submitting comments. CD–ROM the specific information that § 71.1 [Amended] Do not submit electronically any is claimed as CBI. In addition to one ■ 2. The incorporation by reference in information you consider to be complete version of the comment that 14 CFR 71.1 of Federal Aviation Confidential Business Information (CBI) includes information claimed as CBI, a copy of the comment that does not Administration Order 7400.11B, or other information whose disclosure is contain the information claimed as CBI Airspace Designations and Reporting restricted by statute. • must be submitted for inclusion in the Points, dated August 3, 2017, and Mail: OPP Docket, Environmental public docket. Information so marked effective September 15, 2017, is Protection Agency Docket Center (EPA/ will not be disclosed except in amended as follows: DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001. accordance with procedures set forth in Paragraph 6002 Class E Surface Airspace. • Hand Delivery: To make special 40 CFR part 2. * * * * * arrangements for hand delivery or 2. Tips for preparing your comments. delivery of boxed information, please When preparing and submitting your AEA PA E2 Altoona, PA [Amended] follow the instructions at http:// comments, see the commenting tips at Altoona-Blair County Airport, PA http://www.epa.gov/dockets/ ° ′ ″ ° ′ ″ www.epa.gov/dockets/contacts.html. (Lat. 40 17 47 N, long. 78 19 12 W) Additional instructions on comments.html. Within a 4.7-mile radius of Altoona-Blair commenting or visiting the docket, 3. Environmental justice. EPA seeks to County Airport and within 1 mile each side achieve environmental justice, the fair ° along with more information about of the 026 bearing from the airport to 8.7 treatment and meaningful involvement miles northeast of the airport. dockets generally, is available at http:// www.epa.gov/dockets. of any group, including minority and/or Paragraph 6005 Class E Airspace Areas FOR FURTHER INFORMATION CONTACT: low-income populations, in the Extending Upward From 700 Feet or More development, implementation, and Above the Surface of the Earth. Michael Goodis, Registration Division (RD) (7505P), main telephone number: enforcement of environmental laws, * * * * * (703) 305–7090; email address: regulations, and policies. To help address potential environmental justice AEA PA E5 Altoona, PA [Amended] [email protected]. issues, the Agency seeks information on Altoona-Blair County Airport, PA The mailing address for each contact ° ′ ″ ° ′ person is: Office of Pesticide Programs, any groups or segments of the (Lat. 40 17 47 N, long. 78 19 12 W) population who, as a result of their That airspace extending upward from 700 Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC location, cultural practices, or other feet above the surface within an 11.2-mile factors, may have atypical or radius of Altoona-Blair County Airport 20460–0001. As part of the mailing address, include the contact person’s disproportionately high and adverse Issued in College Park, Georgia, on March human health impacts or environmental name, division, and mail code. The 6, 2018. effects from exposure to the pesticides division to contact is listed at the end Ryan W. Almasy, discussed in this document, compared of each application summary. Manager, Operations Support Group, Eastern to the general population. Service Center, Air Traffic Organization. SUPPLEMENTARY INFORMATION: II. What action is the Agency taking? [FR Doc. 2018–05052 Filed 3–14–18; 8:45 am] I. General Information BILLING CODE 4910–13–P EPA is announcing receipt of a A. Does this action apply to me? pesticide petition filed under section You may be potentially affected by 408 of the Federal Food, Drug, and ENVIRONMENTAL PROTECTION this action if you are an agricultural Cosmetic Act (FFDCA), 21 U.S.C. 346a, AGENCY producer, food manufacturer, or requesting the establishment or pesticide manufacturer. The following modification of regulations in 40 CFR 40 CFR Part 180 list of North American Industrial part 180 for residues of pesticide chemicals in or on various food [EPA–HQ–OPP–2015–0787; FRL–9974–72] Classification System (NAICS) codes is not intended to be exhaustive, but rather commodities. The Agency is taking Receipt of a Pesticide Petition Filed for provides a guide to help readers public comment on the request before Residues of Pyroxasulfone in or on determine whether this document responding to the petitioner. EPA is not Various Commodities applies to them. Potentially affected proposing any particular action at this entities may include: time. EPA has determined that the AGENCY: Environmental Protection • Crop production (NAICS code 111). pesticide petition described in this Agency (EPA). • Animal production (NAICS code document contains data or information ACTION: Notification of filing of petition 112). prescribed in FFDCA section 408(d)(2), and request for comment. • Food manufacturing (NAICS code 21 U.S.C. 346a(d)(2); however, EPA has 311). not fully evaluated the sufficiency of the SUMMARY: This document announces the • Pesticide manufacturing (NAICS submitted data at this time or whether Agency’s receipt of an initial filing of a code 32532). the data supports granting of the pesticide petition requesting the pesticide petition. After considering the establishment or modification of B. What should I consider as I prepare public comments, EPA intends to regulations for residues of pesticide my comments for EPA? evaluate whether and what action may chemicals in or on various commodities. 1. Submitting CBI. Do not submit this be warranted. Additional data may be DATES: Comments must be received on information to EPA through needed before EPA can make a final or before April 16, 2018. regulations.gov or email. Clearly mark determination on this pesticide petition. ADDRESSES: Submit your comments, the part or all of the information that Pursuant to 40 CFR 180.7(f), a identified by docket identification (ID) you claim to be CBI. For CBI summary of the petition that is the number EPA–HQ–OPP–2015–0787, by information in a disk or CD–ROM that subject of this document, prepared by one of the following methods: you mail to EPA, mark the outside of the the petitioner, is included in a docket

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EPA has created for this rulemaking. SUMMARY: ACF is seeking public • Number and characteristics of The docket for this petition is available suggestions, in particular from state and children entering and exiting foster care, at http://www.regulations.gov. tribal title IV–E agencies and Indian children adopted or for whom adoptions As specified in FFDCA section tribes and tribal consortiums and other have been terminated, and children 408(d)(3), 21 U.S.C. 346a(d)(3), EPA is stakeholders, for streamlining the placed in foster care outside of the state publishing notice of the petition so that Adoption and Foster Care Analysis and which has placement and care the public has an opportunity to Reporting System (AFCARS) data responsibility for them; comment on this request for the elements and removing any undue • Extent and nature of assistance establishment or modification of burden related to reporting AFCARS. provided by government programs for regulations for residues of pesticides in DATES: Comments on this advance foster care and adoption and the or on food commodities. Further notice of proposed rulemaking must be characteristics of the children that information on the petition may be received by June 13, 2018. receive the assistance; and • Number of foster children identified obtained through the petition summary ADDRESSES: You may submit comments, as sex trafficking victims before entering referenced in this unit. identified by [docket number and/or PP 6F8521. (EPA–HQ–OPP–2015– and while in foster care. RIN number], by one of the following Section 474(f) of the Act requires HHS 0787). K–I Chemical USA, Inc., 11 methods: Martine Ave., Suite 970, White Plains, • to impose penalties for non-compliant Federal eRulemaking Portal: AFCARS data. Section 1102 of the Act NY 10606, requests to establish https://www.regulations.gov. Follow the tolerances in 40 CFR 180.659 for instructs the Secretary to promulgate instructions for submitting comments. regulations necessary for the effective residues of the herbicide, pyroxasulfone • Email: [email protected]. (3-[(5-(difluoromethoxy)-1-methyl-3- administration of the functions for Include [docket number and/or RIN which HHS is responsible under the (trifluoromethyl) pyrazole-4- number] in subject line of the message. ylmethylsulfonyl]-4,5-dihydro-5,5- • Act. Mail: Written comments may be We published a final rule to revise the dimethyl-1,2-oxazole), and its submitted to Kathleen McHugh, United AFCARS regulations on December 14, metabolites in or on Crop Subgroup 1C, States Department of Health and Human 2016 (81 FR 90524) and required title tuberous and corm vegetables (except Services, Administration for Children IV–E agencies to continue to report granular/flakes and chips) at 0.05 part and Families, Director, Policy Division, AFCARS data in accordance with per million (ppm); Crop Subgroup 3–07, 330 C Street SW, Washington, DC § 1355.40 and the appendix to part 1355 bulb vegetables at 0.15 ppm; potatoes, 20024. Please be aware that mail sent in until September 30, 2019 and provided granular/flakes at 0.3 ppm and potato response to this ANPRM may take an two fiscal years for title IV–E agencies chips at 0.06 ppm. The high additional 3 to 4 days to process due to to comply with §§ 1355.41 through performance liquid chromatography/ security screening of mail. 1355.47 of the final rule. In a notice of triple quadrupole mass spectrometry Instructions: When commenting, proposed rulemaking published (LC/MS/MS) methods has been please identify the topic, data element, elsewhere in this issue of the Federal proposed to enforce the tolerance or issue to which your comment Register, we propose to delay the expression for pyroxasulfone. Contact: pertains. All submissions received must compliance dates in regulations and the RD. include the agency name and docket effective date of revisions to the Authority: 21 U.S.C. 346a. number or Regulatory Information AFCARS regulations made in the final Number for this rulemaking. All Dated: February 28, 2018. rule from October 1, 2019, to October 1, comments received will be posted Michael L. Goodis, 2021. without change to https:// The final rule was a culmination of Director, Registration Division, Office of www.regulations.gov, including any Pesticide Programs. two notices of proposed rulemaking personal information provided. (issued January 11, 2008 (73 FR 2082) [FR Doc. 2018–05291 Filed 3–14–18; 8:45 am] FOR FURTHER INFORMATION CONTACT: and February 9, 2015 (80 FR 7132)) and BILLING CODE 6560–50–P Kathleen McHugh, Division of Policy, a supplemental notice of proposed Children’s Bureau at (202) 401–5789. rulemaking (issued April 7, 2016 (81 FR SUPPLEMENTARY INFORMATION: This 20283)). The final rule updated the DEPARTMENT OF HEALTH AND advance notice of proposed rulemaking AFCARS regulations to include child HUMAN SERVICES (ANPRM) has two sections: Background welfare legislative changes that occurred that describes the authority on which since 1993, included data elements Administration for Children and the ANPRM is based and establishes the related to the Indian Child Welfare Act Families rationale for its issuance, and Questions of 1978 (ICWA), and implemented fiscal for Comment wherein we solicit penalties for noncompliant AFCARS 45 CFR Part 1355 comment on the AFCARS regulations. data. On February 24, 2017, the President RIN 0970–AC72 I. Background issued Executive Order 13777 on Section 479 of the Social Security Act Enforcing the Regulatory Reform Adoption and Foster Care Analysis (the Act) requires HHS to regulate a data Agenda to lower regulatory burdens on and Reporting System collection system for national adoption the American people. In response to the AGENCY: Children’s Bureau (CB), and foster care data that provides President’s direction that federal Administration on Children Youth and comprehensive national information on agencies establish a Regulatory Reform Families (ACYF), Administration for the following: Task Force to review existing • Children and Families (ACF), Demographic characteristics of regulations and make recommendations Department of Health and Human adopted and foster children and their regarding their repeal, replacement, or Services (HHS). biological and adoptive or foster modification, we have identified the parents; AFCARS regulation as one in which the ACTION: Advance notice of proposed • Status and characteristics of the reporting burden may impose costs that rulemaking. foster care population; exceed benefits. We are specifically

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soliciting comments on the data SNPRM. We would like to receive more or are not needed for monitoring the elements and their associated burden detailed comments on the specific title IV–B and IV–E programs. Please be through this ANPRM. limitations we should be aware of that specific in identifying the data elements Public comments to this ANPRM will states will encounter in reporting the and provide a rationale for why this allow us to assess whether and how we ICWA-related data elements in the final information would not be reliable or is can potentially reduce burden on title rule. Please be specific in identifying not necessary. IV–E agencies to report AFCARS data the data elements and provide a Dated: February 27, 2018. while still adhering to the requirements rationale for why this information is Steven Wagner, of section 479 of the Act and collecting overly burdensome. If possible, provide useful data that will inform efforts to specific cost and burden estimates Acting Assistant Secretary for Children and Families. improve the child welfare system. We related to the following areas: Approved: March 8, 2018. encourage state and tribal title IV–E a. The number of children in foster agencies that did not previously care who are considered Indian children Alex M. Azar II, comment to do so now. Some state title as defined in ICWA. Secretary. IV–E agencies provided in their b. Recordkeeping hours spent [FR Doc. 2018–05042 Filed 3–13–18; 8:45 am] previous comments specific information annually: BILLING CODE 4184–25–P on compliance cost and burden i. Searching data sources, gathering estimates; however, we received too few information, and entering the estimates to reference for calculating the information into the electronic case DEPARTMENT OF HEALTH AND cost and burden associated with this management system, HUMAN SERVICES final rule. We encourage agencies to be ii. Developing or modifying Administration for Children and as specific as possible when procedures and systems to collect, Families commenting on this ANPRM. We will validate, and verify the information and take comments and estimates into adjusting existing ways to comply with 45 CFR Part 1355 consideration in revising the regulation. AFCARS requirements, and For a full picture of the AFCARS iii. Training and administrative tasks RIN 0970–AC47 regulation, we invite commenters to associated with training personnel on review the AFCARS regulation and the AFCARS requirements (e.g., Adoption and Foster Care Analysis accompanying information that CB reviewing instructions, developing the and Reporting System issued on our website, which can be training and manuals). c. Reporting hours spent annually AGENCY: Children’s Bureau (CB); found here: https://www.acf.hhs.gov/cb/ Administration on Children, Youth and laws-policies/whats-new. extracting the information for AFCARS reporting and transmitting the Families (ACYF); Administration for II. Questions for Comment information to ACF. Children and Families (ACF); Department of Health and Human 1. Identify the data elements, non- 3. Previously, we received comments Services (HHS). ICWA-related, that are overly that particular data elements did not burdensome for state and tribal title IV– lend themselves to national statistics ACTION: Notice of Proposed Rulemaking; E agencies and explain why. Please be and were best assessed with qualitative delay of compliance and effective dates. methods such as case review. Please specific in identifying the data elements SUMMARY: The Children’s Bureau and provide a rationale for why provide specific recommendations on which data elements in the regulation to proposes to delay the compliance and collecting and reporting this effective dates in the Adoption and information is overly burdensome. If retain that are important to understanding and assessing the foster Foster Care Analysis and Reporting possible, provide specific cost and System (AFCARS) 2016 final rule for burden estimates related to the care population at the national level. Also, provide a rationale for your title IV–E agencies to comply with following areas: agency rules for an additional two fiscal a. Recordkeeping hours spent suggestion that may include its relevance to monitor compliance with years. We propose to delay the annually: compliance and effective dates at the i. Searching data sources, gathering the title IV–B and IV–E programs or another strong justification for using the same time we seek public comment information, and entering the through an Advance Notice of Proposed information into the electronic case data at the national level. 4. Previously we received comments Rulemaking (ANPRM), published management system, elsewhere in this issue of the Federal ii. Developing or modifying noting concerns with variability in some Register, on suggestions to streamline procedures and systems to collect, of the data elements across states and the AFCARS data elements and remove validate, and verify the information and within jurisdictions. Please provide any undue burden related to reporting adjusting existing procedures to comply specific suggestions to simplify data AFCARS. with AFCARS requirements, and elements to facilitate the consistent iii. Training and administrative tasks collection and reporting of AFCARS DATES: In order to be considered, we associated with training personnel on data. Also, provide a rationale for each must receive written comments on this the AFCARS requirements (e.g., suggestion and how the simplification NPRM on or before April 16, 2018. reviewing instructions, developing the would still yield pertinent data. ADDRESSES: You may submit comments, training and manuals). 5. Previously we received comments identified by [docket number and/or b. Reporting hours spent annually questioning the utility, reliability, and RIN number], by one of the following extracting the information for AFCARS purpose of certain data elements at the methods: reporting and transmitting the national level. Provide specific • Federal eRulemaking Portal: http:// information to ACF. recommendations on which data www.regulations.gov. Follow the 2. Previously, we received comments elements in the regulation to remove instructions for submitting comments. regarding burden and the system because they would not yield reliable • Email: [email protected]. changes needed to report the ICWA- national information about children Include [docket number and/or RIN related data elements of the 2016 involved with the child welfare system number] in subject line of the message.

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• Mail: Written comments may be additional burden on regulated entities. related data elements related to submitted to Kathleen McHugh, United ACF believes that a 30-day comment activities undertaken by the court are States Department of Health and Human period on this non-substantive not routinely collected in child welfare Services, Administration for Children rulemaking is a sufficient amount of electronic databases. The court findings and Families, Director, Policy Division, time for the public to comment and ACF and other activity taking place before 330 C Street SW, Washington, DC does not believe that a 30-day comment the court represent a shift away from a 20024. Please be aware that mail sent in period will hamper public comment. child welfare agency reporting on its response to this NPRM may take an ACF is publishing an ANPRM elsewhere own activity to reporting on the activity additional 3 to 4 days to process due to in this issue of the Federal Register to of an independent third party. This security screening of mail. seek suggestions on streamlining the raises questions of efficiency, reliability Instructions: All submissions received data elements and potentially reducing and consistency, which section must include the agency name and burden to title IV–E agencies to report 479(c)(1) and 479(c)(2) of the Social docket number or Regulatory AFCARS data. Security Act require for the AFCARS Information Number (RIN) for this data collection. Section-by-Section Discussion rulemaking. All comments received will • We also anticipate states having be posted without change to https:// Section 1355.40 Foster Care and many questions about how to report the www.regulations.gov, including any Adoption Data Collection ICWA-related data elements. HHS has no expertise in ICWA compliance, personal information provided. We propose to revise the compliance FOR FURTHER INFORMATION CONTACT: statute, and regulations and is not the date in the regulation to provide an cognizant authority over it, yet the Kathleen McHugh, Division of Policy, additional two fiscal years to comply Children’s Bureau at (202) 401–5789. December 2016 final rule places HHS in with §§ 1355.41 through 1355.47. State the position of interpreting various SUPPLEMENTARY INFORMATION: In the and tribal title IV–E agencies must ICWA requirements when providing AFCARS final rule issued on December continue to report AFCARS data in the technical assistance to state title IV–E 14, 2016 (81 FR 90524), ACF provided same manner they do currently, per agencies on how to report on those data an implementation timeframe of two § 1355.40 and appendices A through E elements. How states report the data fiscal years for title IV–E agencies to of part 1355 until September 30, 2021. ultimately impacts practice, potentially comply with 45 CFR 1355.41 through We propose that as of October 1, 2021, introducing inconsistency with DOJ and 1355.47 (81 FR 90529). On February 24, state and tribal title IV–E agencies must DOI’s interpretation of ICWA. 2017, the President issued Executive comply with §§ 1355.41 through • Costs for system changes, training Order 13777 on Enforcing the 1355.47. to consistently collect and report ICWA- Regulatory Reform Agenda. In response In assessing the AFCARS regulation related data and time to gather/enter to the President’s direction that federal in response to E.O. 13777, we identified data (sometimes manually) into the case agencies establish a Regulatory Reform the following issues: management system. Task Force to review existing • In the December 2016 final rule, The Supplemental Notice of Proposed regulations and make recommendations there are 272 individual data points, of Rulemaking that added the ICWA regarding their repeal, replacement, or which 153 data points are new items compliance data elements to the modification, the HHS Task Force added to AFCARS. Of the 153 data AFCARS was only open for comment identified the AFCARS regulation as points, 65 are new items related to the for 30 days. This was an insufficient one where there may be areas for Indian Child Welfare Act (ICWA). amount of time for states to fairly reducing reporting burden. • State commenters expressed analyze unfamiliar data elements, Therefore, we are engaging in two concerns with data points that could not accurately calculate burden associated regulatory actions to adhere to our be easily reported to AFCARS because with these elements, and move any obligations under the EO. Through this they are qualitative data points of which comments through their chain of NPRM, ACF proposes to revise nuances about the circumstances of the command for submission to HHS for § 1355.40 to provide an additional two child cannot be reported to AFCARS a consideration. The ANPRM, on the fiscal years to comply with §§ 1355.41 quantitative data system, they are of a other hand, will be open for comment through 1355.47. ACF also proposes to sensitive nature, or could not be for 90 days. It asks title IV–E agencies delay the effective dates of instructions aggregated easily at the national level and the public to comment on the data 3 and 5 in the rule published December for national statistics. These points elements of the December 2016 final 14, 2016 (81 FR 90524), from October 1, included child, adoptive parent, rule. 2019, to October 1, 2021. If this rule is guardian, and foster parent sexual Therefore, in order to get additional finalized, the implementation timeframe orientation, health assessments, feedback on these and other issues we would be delayed for title IV–E agencies educational information, adoption and are issuing a proposed rule to delay to make revisions to their systems to guardianship subsidy amounts, and implementation of the December 2016 comply with §§ 1355.41 through information on legal guardians. AFCARS final rule. As States must go to 1355.47. This NPRM is open for a 30- • The scope and complexity of data the expense to revise their data day comment period. Per Executive elements related to ICWA was also a collection systems in response to the Order 12866, the typical comment concern. We note that most of the December 2016 final rule, we do not period is 60 days. However, the reasons ICWA-related data elements in the want states to incur these costs for the shorter comment period for this December 2016 AFCARS final rule are unnecessarily as we further assess NPRM is that any delay in issuing a not tied to statutory reporting burden under the rule. This is an final rulemaking might lead to title IV– requirements in title IV–E or IV–B. opportunity for commenters to provide E agencies diverting resources to Rather, they were finalized to be HHS with specific feedback on the data unnecessary changes to their systems to consistent with the Department of elements and how HHS can revise comply with the December 2016 Interior’s (DOI) final rule on ICWA AFCARS to balance updating AFCARS final rule. Furthermore, this (published on June 14, 2016, 81 FR requirements, the need for better data, rule does not establish additional 38778) which is directed to state courts. and the burden on title IV–E agencies. regulatory obligations or impose any Furthermore, the majority of the ICWA- Through the aforementioned ANPRM

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commenters will have the opportunity threshold level is currently Dated: February 27, 2018. to tie ICWA related data elements to approximately $146 million. This Steven Wagner, HHS functions/provisions thus proposed rule does not impose any Acting Assistant Secretary for Children and adequately justifying their inclusion in mandates on state, local, or tribal Families. the AFCARS collection. governments, or the private sector that Approved: March 8, 2018. will result in an annual expenditure of Regulatory Impact Analysis Alex M. Azar II, $146 million or more. Executive Orders 12866, 13563, and Secretary. 13771 Congressional Review For the reasons set forth in the preamble, we propose to amend 45 CFR Executive Orders 12866 and 13563 This regulation is not a major rule as part 1355 as follows: direct agencies to assess all costs and defined in 5 U.S.C. 8. benefits of available regulatory PART 1355—GENERAL alternatives and, if regulation is Assessment of Federal Regulations and necessary, to select regulatory Policies on Families ■ 1. The authority citation for part 1355 approaches that maximize net benefits Section 654 of the Treasury and continues to read as follows: (including potential economic, General Government Appropriations Authority: 42 U.S.C. 620 et seq., 42 U.S.C. environmental, public health and safety Act of 2000 (Pub. L. 106–58) requires 670 et seq., 42 U.S.C. 1302. effects, distributive impacts, and federal agencies to determine whether a ■ 2. Amend § 1355.40 by revising equity). Executive Order 13563 policy or regulation may affect family paragraph (a) to read as follows: emphasizes the importance of well-being. If the agency’s quantifying both costs and benefits, of determination is affirmative, then the § 1355.40 Foster care and adoption data reducing costs, of harmonizing rules, collection. agency must prepare an impact and of promoting flexibility. ACF assessment addressing seven criteria (a) Scope. State and tribal title IV–E consulted with the Office of specified in the law. This proposed rule agencies must follow the requirements Management and Budget (OMB) and will not have an impact on family well- of this section and appendices A determined that this rule does meet the through E of this part until September being as defined in the law. criteria for a significant regulatory 30, 2021. As of October 1, 2021, state action under E.O. 12866. Thus, it was Paperwork Reduction Act and tribal title IV–E agencies must subject to OMB review. ACF determined comply with §§ 1355.41 through that the costs to title IV–E agencies as Under the Paperwork Reduction Act 1355.47. a result of this rule will not be (44 U.S.C. 35, as amended) (PRA), all * * * * * significant as defined in Executive Departments are required to submit to [FR Doc. 2018–05038 Filed 3–13–18; 8:45 am] Order 12866 (have an annual effect on OMB for review and approval any BILLING CODE 4184–25–P the economy of $100 million or more or reporting or recordkeeping requirements adversely affect in a material way the inherent in a proposed or final rule. economy, a sector of the economy, PRA rules require that ACF estimate the FEDERAL COMMUNICATIONS productivity, competition, jobs, the total burden created by this proposed COMMISSION environment, public health or safety, or rule regardless of what information is State, local, or tribal governments or available. ACF provides burden and cost 47 CFR Part 54 communities). Because the rule is not estimates using the best available economically significant as defined in information. Information collection for [WC Docket Nos. 17–287, 11–42, and 09– 197; Report No. 3087] E.O. 12866, no cost-benefit analysis AFCARS is currently authorized under needs to be included in this NPRM. This OMB number 0970–0422. This notice of Petitions for Reconsideration of Action proposed rule, if finalized as proposed, proposed rulemaking does not make in Rulemaking Proceeding would be considered an E.O. 13771 changes to the AFCARS requirements deregulatory action. for title IV–E agencies; it delays the AGENCY: Federal Communications Commission. Regulatory Flexibility Analysis effective date and provides title IV–E agencies with additional time to comply ACTION: Petitions for Reconsideration; The Secretary certifies, under 5 U.S.C. with sections 1355.41 through 1355.47. correction. 605(b), as enacted by the Regulatory Thus, the annual burden hours for SUMMARY: The Federal Communications Flexibility Act (Pub. L. 96–354), that recordkeeping and reporting does not Commission (Commission) published a this proposed rule will not result in a change from those currently authorized significant impact on a substantial document in the Federal Register of under OMB number 0970–0422. March 2, 2018 (83 FR 8962), regarding number of small entities. This proposed Therefore, we are not seeking comments rule does not affect small entities Petitions for Reconsideration filed in the on any information collection Commission’s rulemaking proceeding. because it is applicable only to state and requirements through this NPRM. tribal title IV–E agencies. The document contained the incorrect List of Subjects in 45 CFR Part 1355 deadline for filing replies to an Unfunded Mandates Reform Act opposition to the Petitions. This The Unfunded Mandates Reform Act Adoption and foster care, Child document corrects the deadline for (Pub. L. 104–4) requires agencies to welfare, Computer technology, Grant replies to an opposition to the Petitions. prepare an assessment of anticipated programs—social programs, Reporting DATES: Oppositions to the Petitions costs and benefits before proposing any and recordkeeping requirements. must be filed on or before March 19, rule that may result in an annual (Catalog of Federal Domestic Assistance 2018. Replies to an opposition must be expenditure by state, local, and tribal Program Number 93.658, Foster Care filed on or before March 29, 2018. governments, in the aggregate, or by the Maintenance; 93.659, Adoption Assistance; ADDRESSES: Federal Communications private sector, of $100 million or more 93.645, Child Welfare Services—State Commission, 445 12th Street SW, (adjusted annually for inflation). That Grants). Washington, DC 20554.

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FOR FURTHER INFORMATION CONTACT: 63454), to list Chorizanthe parryi var. specialists to ensure that our analysis Jessica Campbell, phone: 202–418–3609, fernandina as a threatened species was based on scientifically sound data, [email protected]. under the Act, is withdrawn on March assumptions, and analyses. We invited SUPPLEMENTARY INFORMATION: 15, 2018. these peer reviewers to comment on the ADDRESSES: information we relied upon in making Correction This document, comments on our proposed rule, and our listing proposal, including the In the Federal Register of March 2, supplementary documents are available Species Report for the San Fernando 2018, in FR Doc. 2018–04359, on page on the internet at http:// Valley Spineflower (Chorizanthe parryi 8962, in the third column, correct the www.regulations.gov at Docket No. var. fernandina) (Service 2016). We also DATES section to read: FWS–R8–ES–2016–0078. Comments considered all comments and DATES: Oppositions to the Petitions and materials received, as well as information we received during the must be filed on or before March 19, supporting documentation used in the comment periods. 2018. Replies to an opposition must be preparation of this withdrawal, are also Previous Federal Actions filed on or before March 29, 2018. available for public inspection, by Federal Communications Commission. appointment, during normal business On September 15, 2016, we published Marlene H. Dortch, hours at: U.S. Fish and Wildlife Service, a proposed rule (81 FR 63454) to list Secretary, Office of the Secretary. Ventura Fish and Wildlife Office, 2493 Chorizanthe parryi var. fernandina as a threatened species under the Act (16 [FR Doc. 2018–05202 Filed 3–14–18; 8:45 am] Portola Road, Suite B, Ventura, CA 93001; telephone 805–644–1766. U.S.C. 1531 et seq.). Please refer to this BILLING CODE 6712–01–P FOR FURTHER INFORMATION CONTACT: proposed rule for information on Stephen P. Henry, Field Supervisor, Federal actions prior to September 15, 2016. DEPARTMENT OF THE INTERIOR U.S. Fish and Wildlife Service, Ventura Fish and Wildlife Office, 2493 Portola Under section 4(b)(6) of the Act, the Fish and Wildlife Service Road, Suite B, Ventura, CA 93003; Service is required to make a final telephone 805–644–1766. Persons who listing determination within 1 year from 50 CFR Part 17 use a telecommunications device for the the publication of the proposed rule, by deaf (TDD) may call the Federal Relay publishing either a final listing rule or [Docket No. FWS–R8–ES–2016–0078; a withdrawal of the proposed rule, or 4500030113] Service at 800–877–8339. SUPPLEMENTARY INFORMATION: extending the final determination by not RIN 1018–BB64 more than 6 months under certain Executive Summary circumstances specified in the Act. On Endangered and Threatened Wildlife Why we need to publish this July 19, 2017, the Service published a 6- and Plants; Withdrawal of the document. Under the Endangered month extension of the final Proposed Rule To List Chorizanthe Species Act, a species may warrant determination on the proposed parryi var. fernandina (San Fernando protection through listing if it is threatened status for C. parryi var. Valley Spineflower) endangered or threatened throughout all fernandina and reopened the comment AGENCY: Fish and Wildlife Service, or a significant portion of its range. period on the proposal for an additional Interior. Listing a species as an endangered or 30 days (82 FR 33035). After publication of the proposed rule ACTION: Proposed rule; withdrawal. threatened species can only be completed by issuing a rule. We issued in the Federal Register, the Service and SUMMARY: We, the U.S. Fish and a proposed rule to list Chorizanthe the Newhall Land and Farming Wildlife Service (Service), withdraw our parryi var. fernandina in 2016. This Company (Newhall Land) developed a September 15, 2016, proposed rule to document withdraws that proposed rule candidate conservation agreement (2017 list Chorizanthe parryi var. fernandina because, based on our evaluation of the CCA) for C. parryi var. fernandina to (San Fernando Valley spineflower), a best scientific and commercial implement conservation measures to plant from southern California, as a information available at this time, we improve the status of the plant. On threatened species under the have determined that threats have been November 13, 2017 (82 FR 52262), the Endangered Species Act of 1973, as reduced such that listing is no longer Service reopened the comment period amended (Act). This withdrawal is necessary for this plant. on the proposed rule to list C. parryi based on our conclusion that the threats The basis for our action. Under the var. fernandina as a threatened species to this plant, as identified in the Endangered Species Act, we can for an additional 30 days so that proposed rule, are no longer as determine that a species is an interested parties and the public could significant as we believed them to be endangered or threatened species based review and comment on the additional when we issued the proposed rule. We on any of five factors: (A) The present conservation measures provided by the base this conclusion on our analysis of or threatened destruction, modification, 2017 CCA. current and future threats and or curtailment of its habitat or range; (B) During all three comment periods on conservation efforts. We find the best overutilization for commercial, the September 15, 2016, proposed rule, scientific and commercial data available recreational, scientific, or educational the Service requested additional indicate that the threats to C. parryi var. purposes; (C) disease or predation; (D) information on the status of C. parryi fernandina and its habitat have been the inadequacy of existing regulatory var. fernandina or its habitat so that we reduced below the level where this mechanisms; or (E) other natural or could analyze this additional plant would meet the statutory manmade factors affecting its continued information as part of the final listing definition of threatened or endangered. existence. We have determined that process. As part of our analysis, we also Therefore, we are withdrawing our threats have been reduced such that evaluated the certainty of effectiveness proposal to list C. parryi var. fernandina listing is no longer necessary for this and certainty of implementation of the as a threatened species. plant. additional conservation measures that DATES: The proposed rule that Peer review and public comment. We the 2017 CCA signatories have published on September 15, 2016 (81 FR sought comments from independent committed to implement.

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Background land ownership, and potential threats— 0078. A summary of this analysis is is presented in the Species Report for included in the September 15, 2016, A thorough review of information that the San Fernando Valley Spineflower proposed rule (81 FR 63454) and we relied on in making this (Chorizanthe parryi var. fernandina) appears below. We used data specific to determination—including information (Species Report; Service 2016), available C. parryi var. fernandina when on taxonomy, life history, ecology, on the internet at http://regulations.gov available. population distribution and abundance, under Docket No. FWS–R8–ES–2016–

Current Abundance and Distribution occupies approximately 15–20 ac (6.1– magnitude, ranging from hundreds to Chorizanthe parryi var. fernandina 8.1 ha) (GLA 2000, p. 6; Sapphos 2001, millions of individuals. Therefore, currently occupies up to a total of 35– p. 5–2; Sapphos 2003a, p. 3; Cooper occupied area or distribution of the 40 acres (ac) (14–16 hectares (ha)) from 2015, pp. 8–10); the Santa Clarita populations is an appropriate surrogate two populations in Southern California population currently has a cumulative measure for plant population size. The that are 17 miles (mi) (27 kilometers occupied area of approximately 20 ac Santa Clarita population has roughly the (km)) apart (see Figure 1, above). The (8.2 ha) (Dudek 2010, p. 63). same occupied acreage as Laskey Mesa Laskey Mesa population is in Ventura Comparing annual numbers of C. but is more widely distributed across County, California, within the Upper parryi var. fernandina individuals over the landscape, scattered over a range of Las Virgenes Canyon Open Space time is complicated because: (1) 4 mi (6.4 km) from east to west, and 4 Preserve on land owned by the Santa Different methodologies and levels of mi (6.4 km) north to south. Monica Mountains Conservancy effort have been used to estimate Summary of Basis for Withdrawal (SMMC) and the Mountains Recreation population numbers across both extant Conservation Authority (MRCA) (SMMC populations during survey efforts since Based upon our review of the public 2015). The Santa Clarita population is in 1999; and (2) as is typical of many comments, comments from other Los Angeles County on land owned by annual plants, C. parryi var. fernandina Federal and State and County agencies, Newhall Land (Dudek 2010, pp. 16–17). shows inter-annual variation in partner and peer review comments (see The Laskey Mesa population currently abundance by several orders of Summary of Comments and

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Recommendations, below) and any new cumulative occupied spineflower Laskey Mesa); (4) proliferation of relevant information that may have habitat on Newhall Land property, Argentine ants (Linepithema humile) become available since the September totaling approximately 15 ac (6 ha). (Santa Clarita); (5) the potential effects 15, 2016, publication of the proposed Newhall Land has granted conservation of climate change (Santa Clarita and rule, we reevaluated our proposal. That easements to the CDFW over all of the Laskey Mesa); and (6) synergistic effects reevaluation is reflected in this SCP spineflower preserves. The SCP of the individual factors listed above document as follows: conservation measures include habitat (Santa Clarita and Laskey Mesa) (81 FR (1) Based on our analyses, the Service enhancement and creation for 63454; September 15, 2016). has determined that Chorizanthe parryi spineflower, and experimental The 2017 CCA outlines several new var. fernandina should not be listed as introduction of spineflower in areas conservation actions that will be a threatened species. This document outside of existing occupied habitat. enacted to address the current and withdraws the proposed rule published The SCP also includes management future threats that we identified in our on September 15, 2016 (81 FR 63454). actions within the preserves to reduce September 15, 2016, proposed rule (81 (2) This document summarizes and indirect effects of the proposed FR 63454). Additional conservation evaluates the 2017 CCA and provides an development (including those from measures of the 2017 CCA are discussed analysis using the Service’s Policy for nonnative, invasive grasses and below. We have also formally evaluated Evaluation of Conservation Efforts Argentine ants). Newhall Land is all 2017 CCA conservation measures When Making Listing Decisions (PECE) implementing an adaptive management pursuant to PECE, thereby taking all (68 FR 15100; March 28, 2003). See program for impacts under the SCP formalized conservation measures into Ongoing and Future Conservation (Dudek 2010a, p. 141) and the Argentine consideration before making our final Efforts, below. Ant Control Plan (Dudek 2014c, p. 22). determination of the status of the plant. (3) This document summarizes and Permanent conservation easements for The Service’s detailed PECE analysis, as evaluates the effects of the December 5, the preserves have been established. well as the 2017 CCA and exhibits, are 2017, Rye Fire to Chorizanthe parryi Newhall Land has already provided available for review at http:// var. fernandina at Newhall Ranch endowments to fund management and www.regulations.gov at Docket No. (Santa Clarita population). See monitoring of the SCP spineflower FWS–R8–ES–2016–0078. Summary of Biological Status and preserves, and will provide more The 2017 CCA provides for Newhall Factors Affecting the Species, below. funding in SCP endowments as required Land to voluntarily implement additional conservation measures Ongoing and Future Conservation by the ITP. The SCP is available at described in the introduction plan with Efforts http://www.regulations.gov under Docket No. FWS–R8–ES–2016–0078. the goal of enhancing the status of C. Below, we summarize conservation Newhall Land has also deposited parryi var. fernandina. The introduction efforts that provide benefits to C. parryi funds with the National Fish and plan provides for Newhall Land to var. fernandina that are already Wildlife Foundation for management of voluntarily establish new, protected C. occurring or are expected to occur in the C. parryi var. fernandina at the Laskey parryi var. fernandina occurrences future. We have also completed an Mesa population. The August 2014 PAR within the plant’s historical range that analysis of the newly initiated efforts in and September 2014 memorandum are expected to increase the resiliency of the 2017 CCA pursuant to PECE. The prepared by Dudek identify the the existing populations and expand the full PECE analysis can be found at management activities for C. parryi var. redundancy and representation of the http://www.regulations.gov at Docket fernandina at Laskey Mesa as part of the spineflower. Newhall Land will No. FWS–R8–ES–2016–0078. SCP (Newhall Land and Dudek 2014, voluntarily conserve an additional 1,498 Planned Conservation Measures entire). The funding is to be used for on- ac (606 ha) of its property for the benefit the-ground management activities that of C. parryi var. fernandina and carry For the Santa Clarita population, the include research studies, fencing, out additional conservation activities for California Department of Fish and weeding, surveys, annual reporting, and the plant within portions of those 1,498 Wildlife (CDFW) approved the 2010 other activities. When this funding ac (606 ha) and within an approximately Newhall Ranch Spineflower becomes accessible, we anticipate that 7-ac (2.8-ha) portion of the existing Conservation Plan (SCP) and issued an the MRCA will implement the identified CDFW Petersen Ranch Mitigation Bank incidental take permit (permit no. 2081– management activities. (see Figure 2, below) collectively called 2008–012–05, the ITP) under the The rest of the SCP, including the additional conservation areas California Endangered Species Act, construction monitoring, habitat associated with the CCA. C. parryi var. California Fish and Game Code section restoration, fencing and signing, and fernandina introduction will occur on a 2050–2085 (CESA) in 2010, for the SCP water control at the Santa Clarita total of at least 10 ac (4 ha) within the and proposed Newhall Land population, has not yet been additional conservation areas. development within the SCP area that implemented. The implementation will The additional conservation areas in would result in the partial removal of C. occur in phases associated with the the introduction plan are intended to parryi var. fernandina. The SCP serves Newall Ranch development project. further increase the distribution of C. as the mitigation and conservation plan Even with the conservation measures parryi var. fernandina within its historic for the purposes of the State ITP (CDFG in the SCP, the proposed rule identified range and include approximately 1,505 2010, p. 2). Through the SCP, the CDFW several threats that were still negatively ac (609 ha), as follows: (1) Three has required Newhall Land to provide acting on C. parryi var. fernandina and additional conservation areas totaling for the perpetual conservation and its habitat. Threats identified in the approximately 825 ac (334 ha) are management of seven spineflower proposed rule included: (1) Historical contiguous with or adjacent to the preserves within the Santa Clarita and future loss of habitat and existing San Martinez Grande and population, totaling 228 ac (92 ha), individuals from development (Santa Potrero preserves established under the located within the SCP enrolled lands Clarita); (2) having small, isolated SCP (all of which would be considered on Newhall Land property. The SCP populations (Santa Clarita and Laskey part of the Santa Clarita population, spineflower preserves contain Mesa); (3) presence of invasive, Areas 1–3 in Figure 2, below); (2) an approximately three-quarters of the nonnative plants (Santa Clarita and additional conservation area of 357 ac

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(144 ha) is located in the Simi Valley Mesa area in northern Los Angeles known extirpated population location watershed on the southern boundary of County, near a known extirpated (Area 6 in Figure 2). C. parryi var. Newhall Land property in Ventura population location (Area 4 in Figure 2); fernandina introduction will occur on a County (Area 5 in Figure 2); (3) an and (4) an additional conservation area total of at least 10 ac (4 ha) within the additional conservation area of is located in a 7-ac (2.8-ha) portion of additional conservation areas. approximately 316 ac (128 ha) is located the Petersen Ranch Mitigation Bank on Newhall Land property in the Castaic adjacent to Elizabeth Lake, also near a

In carrying out the additional fernandina introduction activities Conservation Areas. Newhall Land will conservation measures described in the within the additional conservation continue to conduct seeding trials introduction plan, Newhall Land will areas, and will fund one or more within each of the additional introduce C. parryi var. fernandina endowments to provide perpetual conservation areas in accordance with within portions of the additional management and monitoring within the the introduction plan. conservation areas with the goal of additional conservation areas, based on The first step for each introduction establishing at least two new self- a PAR. site is the establishment of seeding sustaining, persistent C. parryi var. Newhall Land began implementation trials. A series of initial seeding trials fernandina occurrences, at least one of of the introduction plan in 2016, by will be implemented at the proposed which will be in a different ecoregion commencing site investigations to introduction areas prior to widespread from the existing populations. Newhall identify the additional conservation introductions. The seeding trials are Land will put each of the additional areas and suitable C. parryi var. expected to take a minimum of 2 years conservation areas into permanent fernandina introduction sites within the to implement and obtain meaningful conservation to ensure that habitat additional conservation areas, and by results. The seeding trials will be values of the spineflower are commencing seeding trials within the followed by more widespread maintained. Newhall Land has funded San Martinez Grande Preserve introductions. The locations for an endowment for all initial habitat Expansion—Los Angeles County and widespread introductions will be based enhancement and C. parryi var. Potrero Preserve Expansion Additional on where seeding trials demonstrate a

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reasonable probability of success and actively growing and in bloom/seed. amount of information necessary to will occur on a minimum of 10 ac (4 ha) Additional monitoring at the sites will satisfy these criteria. within the additional conservation occur periodically throughout the year To consider that a formalized areas. Following the initial 10-year to determine the need for maintenance conservation effort contributes to implementation period for an additional measures related to protecting the forming a basis for not listing a species, conservation area under the introduction sites from weed invasion or listing a species as threatened rather introduction plan, and a determination or other disturbances. Reference sites than endangered, we must find that the made in consultation with the will be established within both the conservation effort is sufficiently certain Spineflower Adaptive Management Santa Clarita population and Laskey to be (1) implemented, and (2) effective, Working Group that newly occupied C. Mesa population to ensure that the so as to have contributed to the parryi var. fernandina habitat within the reference sites encompass the range of elimination or adequate reduction of additional conservation area contains conditions currently supporting C. one or more threats to the species one or more self-sustaining occurrences, parryi var. fernandina. A sufficient identified through the section 4(a)(1) Newhall Land or its designee will number of sampling plots will be conduct long-term management established to capture site variability so analysis. The elimination or adequate (including adaptive management), that, collectively, the reference sites are reduction of section 4(a)(1) threats may monitoring, and annual reporting of the representative of the range of conditions lead to a determination that the species newly occupied habitat within the of occupied habitat. Annual monitoring does not meet the definition of additional conservation areas in of the introduction sites will include at endangered or threatened, or is perpetuity. least three quantitative biological threatened rather than endangered. Enhancement activities in areas assessments each year, to be timed with An agreement or plan may contain surrounding introduction sites will be the peak of the growing season before numerous conservation efforts, not all of implemented prior to or concurrently plants have begun to desiccate, during which are sufficiently certain to be with C. parryi var. fernandina the flowering period of C. parryi var. implemented and effective. Those introduction. Anticipated enhancement fernandina, and during seed set conservation efforts that are not activities include passive and active (approximately February, May, and sufficiently certain to be implemented revegetation of native vegetation June). The quantitative monitoring and effective cannot contribute to a communities, including weed control to methods are established for the purpose determination that listing is ameliorate the threat of invasive, of collecting adequate data to be able to unnecessary, or a determination to list nonnative grasses. Enhancement analyze the relative success or failure of as threatened rather than endangered. activities will occur with an adaptive the introduction program in terms of Regardless of the adoption of a management approach that will achieving the project goals. Quantitative conservation agreement or plan, continue beyond the 10-year monitoring will begin in the first year maintenance and monitoring period and however, if the best available scientific after establishing seeding trials and will and commercial data indicate that the into the long-term management period. include monitoring of density, seed Targeted areas for habitat enhancement species meets the definition of production, seed viability, population ‘‘endangered species’’ or ‘‘threatened correspond to the sites identified for size, recruitment, and aerial extent. The introduction and an approximately species’’ on the day of the listing monitoring period will commence upon decision, then we must proceed with 50-ft (15-meter (m)) area surrounding initiation of seeding trials and continue introduction sites. appropriate rulemaking activity under for a period of 10 years. All C. parryi var. fernandina section 4 of the Act. Further, it is introduction sites will be closed to Summary of PECE Analysis important to note that a conservation public access. Existing dirt access roads plan is not required to have absolute and utility easement access roads within The purpose of PECE is to ensure certainty of implementation and the additional conservation areas will consistent and adequate evaluation of effectiveness in order to contribute to a function as the intended access points recently formalized conservation efforts listing determination. Rather, we need to the introduction sites for the project when making listing decisions. The to be certain that the conservation biologist, landscape contractor, utility policy provides guidance on how to efforts will be implemented and personnel, and emergency services evaluate conservation efforts that have effective such that the threats to the vehicles (e.g., police, fire, and medical). not yet been implemented or have not species are reduced or eliminated. Signs identifying restricted land and yet demonstrated effectiveness. The Using the criteria in PECE (68 FR discouraging unauthorized access/entry evaluation focuses on the certainty that 15100, March 28, 2003), we evaluated into the introduction sites will be the conservation efforts will be the certainty of implementation (for posted on all gates providing access to implemented and effective. The policy introduction sites, adjacent to any roads presents nine criteria for evaluating the those measures not already that border introduction sites, and along certainty of implementation and six implemented) and effectiveness of any introduction site fencing. The signs criteria for evaluating the certainty of conservation measures pertaining to will indicate that enhancement effectiveness for conservation efforts. Chorizanthe parryi var. fernandina. The activities are in progress and that the These criteria are not considered Service’s detailed PECE analysis is areas are to be protected. comprehensive evaluation criteria. The available at http://www.regulations.gov The introduction plan describes in certainty of implementation and the at Docket No. FWS–R8–ES–2016–0078. detail the biological monitoring of the effectiveness of a formalized As summarized below, we have introduction sites that will be conservation effort may also depend on determined that there is sufficient conducted to determine the status of species-specific, habitat-specific, certainty that the conservation efforts introduced C. parryi var. fernandina location-specific, and effort-specific outlined in the 2017 CCA will be through monitoring and collection of factors. We consider all appropriate implemented and effective, and qualitative and quantitative data. factors in evaluating formalized significantly reduce the identified Monitoring will occur in the winter and conservation efforts. The specific threats and their impacts to C. parryi spring of each year while the plants are circumstances will also determine the var. fernandina and its habitat.

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Summary: Certainty That Conservation management program of the information and assumptions used for Efforts Will Be Implemented conservation efforts. listing determination is scientifically In conclusion, we have a high level of sound. In accordance with our peer We have certainty that the certainty that the conservation measures review policy published on July 1, 1994 conservation efforts will be in the 2017 CCA will be implemented (59 FR 34270), we solicited expert implemented because the (for those measures not already begun) opinion from six independent implementation of the 2017 CCA has and effective, and thus they can be specialists with scientific expertise in already begun and funding has been considered as part of the basis for our the biology of Chorizanthe parryi var. secured, providing certainty that final listing determination for fernandina biology, habitat, physical or funding will continue to be available to Chorizanthe parryi var. fernandina. biological factors, or threats. We implement the conservation efforts. The Summary of Comments and received responses from all six peer seeding trails began in 2016, restrictive Recommendations reviewers. We reviewed the comments covenants have been placed over the we received from the peer reviewers for CCA additional conservation areas on In the proposed rule published on substantive issues and new information Newhall Property, consent has been September 15, 2016 (81 FR 63454), we regarding the listing of C. parryi var. obtained to perform C. parryi var. requested that all interested parties fernandina. Peer reviewer comments are fernandina introduction within the submit written comments on the addressed in the following summary Peterson Mitigation Bank, and the proposal by November 14, 2016. We and incorporated into this withdrawal endowment for the initial phases of also contacted appropriate Federal and document as appropriate. implementing the CCA has been State agencies, Tribes, scientific experts Comment (1): Three peer reviewers established. In addition, the parties to and organizations, and other interested stated that Argentine ants are likely to the CCA have the legal and regulatory parties and invited them to comment on impact C. parryi var. fernandina authority to implement the agreement, the proposal. On July 19, 2017, we pollinators at Newhall Ranch, which which includes an implementation published a 6-month extension of the could result in a species-level threat to schedule (including incremental final determination on the proposed the reproductive potential of the plant. completion dates) for the conservation threatened status for C. parryi var. Given potential ant control methods in efforts. fernandina (82 FR 33035) and reopened existence, the peer reviewers the comment period on the proposal for recommended that qualified pest Summary: Certainty That Conservation an additional 30 days, ending August control professionals and conservation Efforts Will Be Effective 18, 2017. On November 13, 2017, we managers be allowed to review and published a document (82 FR 52262) approve any control or mitigation plan. We have certainty that the that again reopened the comment period They stated that, for such a plan to be conservation efforts will be effective on the September 15, 2016, proposed effective, it will require constant because the nature and extent of threats rule for an additional 30 days, ending vigilance and a substantial financial is adequately addressed in the 2017 December 13, 2017, so that interested investment. CCA, including improving resiliency of parties and the public could review and Response: In our proposed rule (81 FR the Santa Clarita population, increasing comment on the additional conservation 63454; September 15, 2016), we the number of ecoregions in which the measures provided by the 2017 CCA. determined that loss of habitat and plant is represented, and adding to the During all three comment periods, individuals and the associated edge overall redundancy of the species. In which totaled 120 days, the Service effects (i.e., proliferation of Argentine addition, the combined factors of requested any additional information on ants) at the Santa Clarita population are documented success with other the status of C. parryi var. fernandina or likely to decrease habitat quality, Chorizanthe introductions, the its habitat so that we could analyze this reducing resiliency at this population. introduction site selection based on additional information as part of the The additional conservation areas that scientific analysis of occupied sites, final listing process. We did not receive will be established as part of the CCA, positive results of 2016 spineflower any requests for a public hearing. including the three additional seeding trials, and the accompanying During the three comment periods on conservation areas totaling enhancement program to aid the proposed rule, we received six peer- approximately 825 ac (334 ha) that are establishment and persistence provide review comment letters and four public contiguous with or adjacent to the the rationale and optimism for comment letters on the proposed rule, existing San Martinez Grande and effectiveness of the introduction one public comment letter on the 6- Potrero spineflower preserves program. Further, explicit objectives for month extension, and five public established under the SCP (all of which the conservation efforts are defined and comment letters on the reopening of the would be considered part of the Santa the associated dates for achieving them comment period for the 2017 CCA Clarita population), are intended to are stated. Quantifiable, scientifically directly addressing the proposed listing buffer the Santa Clarita population from valid parameters are identified that will of Chorizanthe parryi var. fernandina. detrimental effects of loss of habitat and help demonstrate achievement of the Submitted comments were both for and individuals and the associated edge objectives. Finally, Newhall Land has against listing the species. We also effects, including Argentine ant funded an endowment for the initial received comments that were not related invasion. implementation of the 2017 CCA. For to the proposed listing of Chorizanthe As of February 2016, Argentine ants ongoing (in-perpetuity) management parryi var. fernandina. All substantive were present within two preserves at the and monitoring associated with the information provided during the Santa Clarita population, Entrada and CCA, Newhall Land has committed to comment periods has either been Potrero (Dudek 2016, pp. 17, 20). fund additional endowments. Input incorporated directly into this Therefore, the additional conservation from the Spineflower Adaptive withdrawal or is addressed below. area adjacent to the existing Potrero Management Working Group, which is preserve is at risk of invasion by already in place, will be sought to guide Peer Review Argentine ants. However, the two the management, monitoring, and The purpose of peer review is to additional conservation areas adjacent planning activities of the adaptive ensure that our analysis of the to the existing San Martinez Grande

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preserve are farther from existing or seeds produced by self-pollination stated in the Species Report that seed proposed development (see Figure 2, suffer inbreeding depression compared germination of a related taxa, Parry’s below). None of the adjacent land uses to seeds produced by out-crossing, and spineflower (C. parryi var. parryi), near San Martinez Grande poses a (d) how much nectar or other rewards appears to be inhibited by fire (Ellstrand heightened threat of Argentine ant the flowers offer to pollinators. 1994 and Ogden 1999, in CBI 2000, pp. invasion (Dudek 2016, p. 6); therefore, Response: A wide range of arthropods 4, 13), but despite the inhibitory effect these additional conservation areas are have been observed visiting flowers in of direct scorching, fire may prove not expected to be at risk of invasion of the vicinity of C. parryi var. fernandina beneficial to C. parryi var. fernandina Argentine ants and should contribute to plants in the field. Jones et al. (2009) by creating openings in ground cover C. parryi var. fernandina numbers and conducted a series of dawn-to-dusk and temporarily reducing competition recruitment at the Santa Clarita surveys at Laskey Mesa in 2001, and at (CBI 2000, p. 13). We agree that population. Santa Clarita in 2004. During these additional research on the C. parryi var. The 2017 CCA requires that annual surveys, more visits were made to plants fernandina seed bank would be useful Argentine ant monitoring be conducted by the pyramid ant (Dorymyrmex to inform future efforts to expand as part of the ongoing habitat insanus) than any other ant taxon; the existing populations and reintroduce maintenance and describes appropriate southern fire ant (Solenopsis xyloni) plants to historical sites. control measures consistent with the visited in much smaller numbers; and Comment (4): One peer reviewer Argentine Ant Control Plan for Newhall little red ant (Forelius mccooki) was an asked if there is evidence that ants Ranch (Dudek 2014, entire). If Argentine important visitor at the Santa Clarita secrete a substance that causes pollen ants invade, Newhall Land proposes populations (Jones et al. 2010, p. 165). grains to burst. control methods as part of an integrated Jones et al. (2010) examined the Response: Some ants have chemical pest management plan, which will be effects the pyramid ant on spineflower secretions from the metapleural gland both to remove Argentine ants and seed production at Ahmanson Ranch that reduce pollen viability and mitigate for the absence of native with an exclusion study. They found germination (Beattie et al 1984). pollinators within the preserves (Dudek that fruit set was 57 percent higher in However, from data presented by Jones 2014c, pp. 25–42). Qualified pest flowers exposed to ant visitation, et al. (2010), it appears to not be a control professionals and conservation compared to 27 percent in control problem for C. parryi var. fernandina. managers will review and approve any flowers where ants were excluded. Data As noted above, seed production and control or mitigation plan. The indicate that 27 percent of seed set the seed germination rate were much endowment associated with long-term occurred where all potential pollinators higher in the presence of ants, management and monitoring of the were excluded, suggesting that SFVS is indicating that the presence of ant additional conservation areas would not productive at self-pollination (Jones pollinators actually increases the provide the substantial financial et al. 2010, p. 166). This would seem to viability of the seeds. Further, Jones et investment needed to implement this indicate that the viability of seeds al. (2010) suggest that ant pollination plan. produced by self-pollination is much may be more prevalent in drier climates Chorizanthe parryi var. fernandina lower than those produced by the cross- and that ant production of inhibitory introduction sites in the 2017 CCA pollinating actions of ants and other substances may not be a severe outside of the Santa Clarita population insect pollinators, and may reflect limitation to their function as include an additional conservation area inbreeding depression in self-produced pollinators. of 357 ac (114 ha) located in the Simi seeds. Comment (5): One peer reviewer Valley watershed on the southern Comment (3): One peer reviewer asked if there is adequate management boundary of Newhall Land property in stated that C. parryi var. fernandina of the State of California’s conserved Ventura County; an additional seeds are not likely prompted to site (Laskey Mesa), and what specific conservation area of approximately 316 germinate by smoke or other features of management at this site benefits the ac (128 ha) located on Newhall Land fire, but that this needs to be studied spineflower. property in the Castaic Mesa area in more specifically. Also, studies should Response: In 2010, CDFW issued an northern Los Angeles County, near a be done to determine how long seeds ITP under CESA to Newhall Land. The known extirpated population location; last and what proportion of seeds ITP requires Newhall Land to provide and an additional conservation area germinate under various conditions. guaranteed long-term funding for the located in a 7-ac (2.8-ha) portion of the This information is needed to management of the C. parryi var. Petersen Ranch Mitigation Bank successfully introduce or reintroduce C. fernandina population at Laskey Mesa adjacent to Elizabeth Lake, also near a parryi var. fernandina into additional (CESA ITP# 2081–2008–012–05) (CDFG known extirpated population location. sites near existing or historical sites. 2010, p. 17; Newhall Land and Dudek Argentine ants are not considered to be Response: C. parryi var. fernandina is 2014, entire). On September 25, 2014, a significant long-term risk to C. parryi typical of many winter-spring native Newhall Land made the required var. fernandina at these introduction annuals that occur in the Mediterranean deposit for the endowment at Laskey sites because the sites are all well climate of California. Germination Mesa (K. Drewe 2016b, pers. comm.). separated from areas supporting occurs following the onset of sufficient Newhall Land cannot withdraw the potential source populations of late-fall and winter rains and typically funding for this account, and there is Argentine ants, such as urban represents different cohorts from the nothing in the ITP that would allow the development areas. seed bank. Because C. parryi var. funding to be returned to Newhall Land Comment (2): Two peer reviewers fernandina is sensitive to annual levels (K. Drewe 2016a, b, pers. comm.). questioned the available data on C. of rainfall, germination of resident seed The CDFW, SMMC, and National Fish parryi var. fernandina pollinators and banks may be low or nonexistent in and Wildlife Foundation will execute suggested that experiments should be unfavorable years, with little or no the agreement that requires the done to determine: (a) If C. parryi var. visible aboveground expression of the endowment be spent for the fernandina can effectively self-pollinate, plant, but a seedbank would be present. conservation and management of C. (b) if the plants make seeds when The direct effects of fire on C. parryi parryi var. fernandina at Laskey Mesa pollinators are excluded, (c) whether var. fernandina are not known. We (K. Drewe 2016a, b, pers. comm.;

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Newhall Land and Dudek 2014, entire). plant was known from no fewer than 10 restoration plans at the Santa Clarita The August 2014 PAR and September additional locations in Los Angeles and population. 2014 memorandum completed by Orange Counties. However, the scope of Response: Nonnative, invasive plants Dudek (Newhall Land and Dudek 2014, our stressor analysis was only the two are abundant at Laskey Mesa and Santa entire) contains the management extant populations because there is Clarita, and reduce available habitat. activities for C. parryi var. fernandina at limited value in evaluating the potential They compete with C. parryi var. Laskey Mesa (CDFW, in litt. 2016). The for stressors in areas where the species fernandina for light, water, and soil endowment is to be used for on-the- is no longer considered extant. We nutrients; increase potential for wildfire; ground activities that include research presented our analysis of threats to the and alter pollinator communities. The studies, fencing, weeding, surveys, existing populations in our Species August 2014 PAR and September 2014 annual reports, and other activities that Report. Currently, there is no threat of memorandum outline the management will benefit the plant. The agreement development and there will be no activities to be undertaken at Laskey between CDFW and SMMC that would development in the future at Laskey Mesa for C. parryi var. fernandina. The allow SMMC access to the endowment Mesa because the property is owned and funding for these actions is set aside in funds is currently undergoing internal managed by the SMMC and the MRCA. the form of a non-wasting endowment. review within CDFW. Development was considered a future The endowment will fund on-the- Comment (6): One peer reviewer threat to the Santa Clarita population. ground activities, such as weeding and pointed out that while the SCP provides However, the additional conservation other methods to control the impacts of for a number of preserves to be areas proposed in the CCA are intended nonnative invasive plants. We established, some of the preserves do to further increase the number and anticipate that MRCA will address the not afford great protection for the extent of C. parryi var. fernandina abundance of nonnative vegetation at spineflower. For example, the proposed within its historical range, which will Laskey Mesa once they implement the preserve area at Entrada shows that a reduce the threat of development at this management activities for C. parryi var. large portion of the spineflower patches population. We considered whether fernandina at that site. are located within a utility easement. there are any known threats or potential At the Santa Clarita site, development Plants could easily be destroyed by large stressors to the spineflower on these of Newhall Ranch would remove ground equipment activity in the easement. additional conservation areas, and coverage of nonnative plants. However, Response: The Entrada preserve is determined them to be suitable for C. part of this development will create connected to open space via an existing parryi var. fernandina. All of these will urban edges that would border some of and frequently-maintained utility be in permanent conservation where the preserves. Nonnative weedy species corridor. There may be risk to these development will be precluded. are often edge species and become more plants from large equipment. This is one Comment (8): One peer reviewer prevalent or increase in abundance to reason why it is important to establish stated that the open structure of the the detriment of native species. additional C. parryi var. fernandina vegetation in which C. parryi var. Therefore, Newhall Land has proposed occurrences at the Santa Clarita fernandina occurs suggests that external to restore C. parryi var. fernandina population, including three additional effects are likely to penetrate deeply habitat and implement measures as part conservation areas totaling into patches. The very small stature of of the development of Newhall Ranch to approximately 825 ac (334 ha) that are C. parryi var. fernandina plants makes reduce the abundance and impact of contiguous with or adjacent to the them likely to be especially vulnerable nonnative vegetation at this site. existing San Martinez Grande and to disturbances such as trampling and Overall, nonnative, invasive plants Potrero preserves. These areas are erosion. Therefore, it seems likely that currently act as a moderate-level intended to expand the area of protected recreational impacts on the species will stressor to C. parryi var. fernandina and conservation land for C. parryi var. increase, particularly in Santa Clarita, its habitat. The management activities at fernandina and increase the extent of where the proximity to high densities of Laskey Mesa and the conservation protected occurrence locations within humans will increase in the proposed measures at Santa Clarita are likely to the Santa Clarita population. developments. reduce the direct impact of nonnative, Comment (7): One peer reviewer Response: We recognize edge effects invasive plants to a low-level stressor. suggested that we might have conducted of increased trampling and soil The enhancement areas surrounding the our assessment of the current impact compaction from recreation. Recreation 2017 CCA introduction sites are level of development on C. parryi var. has minimal direct effects on C. parryi intended to help minimize invasion of fernandina over a wider geographic var. fernandina habitat because nonnative plant species, which could area, to encompass its former geographic recreation does not occur in the same degrade the quality of the habitat for C. range. The peer reviewer emphasized areas where C. parryi var. fernandina parryi var. fernandina occupation in the that it is clear that habitat loss and other occurs. Even though the plant is small additional conservation areas. factors associated with development in stature and may grow in open areas, Comment (10): One peer reviewer (agricultural and urban) are the reasons such as old roads, making it vulnerable questioned our prediction that future C. parryi var. fernandina now occurs in to trampling, there are currently no fire effects will be low. The proposed just two localities at the edge of the Los trails that overlap the plant’s plan for development in Santa Clarita Angeles metropolitan area. Moreover, occurrences, and we do not expect trails will put Chorizanthe parryi var. all of the stressors discussed in the to overlap the plant’s occurrences in the fernandina within the urban-wildland proposed listing document have strong future. Additionally, all additional interface and thereby should increase links to development. conservation areas provided for in the the potential for fire to affect population Response: C. parryi var. fernandina is 2017 CCA will be closed to the public. patches. currently known from only two Comment (9): One peer reviewer Response: We anticipate that wildfire populations in southern California that questioned our assessment that the will occur in the future, based on the are 17 mi (27 km) apart, one in Ventura impact of invasive, nonnative plants on historical fires that have occurred in County (Laskey Mesa population) and C. parryi var. fernandina will decrease these areas and because wildfire is a one in Los Angeles County (Santa with time from moderate today to low natural phenomenon in southern Clarita population). Historically, the in the future, as a result of ecological California. Additionally, both

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populations are surrounded by native annuals like C. parryi var. reviewer did not believe any of these residential and commercial fernandina. restoration and management activities developments, and fire frequency tends Monitoring conducted under the SCP have been initiated. to increase at the urban-wildland will continue to evaluate the Response: There was a 2003 interface (Dudek 2010a, p. 136). performance of C. parryi var. fernandina settlement agreement executed between Furthermore, due to climate change, within the SCP preserves, and if the Newhall Land and CDFW following an drier conditions may result (PRBO monitoring shows that management is onsite investigation that occurred in Conservation Science 2011, pp. 41–42). needed to address direct or indirect 2002. This resulted in establishing two However, because the fire intervals at effects of the fire, such as an increase in permanent conservation easements, one these two populations have been nonnative, invasive grasses, measures at Airport Mesa and one at Grapevine relatively short in recent history, we do will be incorporated into annual work Mesa, totaling approximately 64 ac (26 not anticipate an increased fire plans as required by the SCP and ha). The settlement agreement required frequency at Laskey Mesa or Santa reviewed by the Spineflower Adaptive that a management plan for the plant be Clarita. Management Working Group. The prepared, funded, and implemented in At Santa Clarita, proposed primary management activities we those two areas as mitigation for development in the area will break up anticipate to occur post-fire in the SCP impacts affiliated with that large expanses of potential fuels and preserves involves monitoring and investigation. may reduce the risk of wildfire, but controlling weeds that may invade Comment (14): One peer reviewer human-caused ignition may increase burned areas following a fire event, stated that creating small rare plant with increasing human presence and specifically if weeds exceed 30 percent preserves under the SCP has the potential to reduce long-term success to traffic. However, fire protection in the relative cover (Dudek 2017, p. 7). Comment (11): One peer reviewer maintain a viable population into the surrounding areas is also expected to noted that because the historical range future, as this eliminates connectivity to increase because of the need to avoid of C. parryi var. fernandina has been adjacent habitats to which populations loss of life and property; therefore, it is reduced, and now the plant has only might have migrated, beyond the anticipated that any fires in the SCP two isolated populations, the plant’s borders of the preserve boundaries. preserves will be lighter rather than heterozygosity (having a varied genetic Response: The 2017 CCA establishes heavier in intensity (Dudek 2010a, p. makeup) may be considerably reduced. additional C. parryi var. fernandina 136). In addition, if fire-control lines or Response: While we agree that C. occurrences at the Santa Clarita other forms of bulldozer damage occur parryi var. fernandina likely has population, including three additional within the preserves, Newhall Land reduced heterozygosity due to a reduced conservation areas totaling proposed to repair and revegetate these range as compared to the historical approximately 825 ac (334 ha) that are areas to pre-burn conditions (Dudek distribution, the genetic characteristics contiguous with or adjacent to the 2010a, pp. 135–137). In our assessment have not been investigated. Dr. Deborah existing San Martinez Grande and of climate change, we analyze that drier Rodgers is currently conducting Potrero preserves established under the conditions in the future may result in research into genetic structure of C. SCP. This will allow C. parryi var. increased fire frequency, making the parryi var. fernandina and potential fernandina populations to expand into ecosystems in which a species currently degree of inbreeding depression (Dudek the area of protected conservation land, grows more vulnerable to threats of 2015, p. 2; Dudek 2016c, p. 9). and increase the extent of protected nonnative plant invasion. Comment (12): One peer reviewer spineflower occurrence locations within The December 2017 Rye Fire burned pointed out that nitrogen deposition the Santa Clarita population. four out of seven of the SCP preserves associated with fossil fuel combustion is Comment (15): One peer reviewer on Newhall Ranch. The intensity of the a potential stressor to C. parryi var. stated that there are six other species in fire was diagnosed as being light fernandina, and this was not discussed the genus Chorizanthe in California that (Watershed Emergency Response Team in the Species Report. Several recent have been listed under the Act as 2018, pp. 18–20). Numerous previous studies have shown that nitrogen can endangered species, all of which have wildfire events have occurred on have important consequences to native larger populations than C. parryi var. Newhall Ranch since 1913, including at and nonnative plant species in southern fernandina. The Service’s listing of least 12 since 1983 (excluding the 2017 California although there is no these other plants as endangered has Rye Fire), and several of these fires have information available about how established a precedent for endangered affected extensive areas of habitat nitrogen deposition has affected C. plants of this genus. occupied by the spineflower (Dudek parryi var. fernandina and its Response: The Service evaluates each 2017, p. 10). Chorizanthe parryi var. ecosystem. species individually, using the best fernandina monitoring began on Response: Because there is no available scientific and commercial Newhall Ranch in 2002. Two fires have information available about how information on that species, in making affected the Santa Clarita population nitrogen deposition has affected C. a listing determination. There are many since then. The 2003 Verdale Fire parryi var. fernandina and the factors and reasons why a determination burned the Homestead North Project ecosystem it occupies, we did not for one species may be different than Site, including almost the entire San analyze it in our stressor analysis. that for another species. The fact that a Martinez Grande preserve. The 2007 Comment (13): One peer reviewer species has been determined to be Magic Fire burned portions of the stated that Newhall Land may have endangered under the Act does not Grapevine Mesa and Entrada preserves. destroyed C. parryi var. fernandina mean that other species within the same Both the 2003 Verdale Fire and the 2007 subpopulations on Newhall Ranch lands genus also automatically meet the Act’s Magic Fire occurred in October, after in the past, and investigations were definition of endangered. spineflower surveys had been purported to be initiated by CDFW into Comment (16): One peer reviewer conducted for that year. The biggest possible violation. This resulted in an stated that the introduction plan concern is that fire may promote the agreement by Newhall to actively provided for by the 2017 CCA is more invasion and spread of nonnative, manage and restore C. parryi var. appropriately addressed under a C. invasive grasses that outcompete small fernandina habitat. However, the parryi var. fernandina recovery plan

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than as part of the proposed listing rule. directly remove 25 percent of the C. totaling approximately 825 ac (334 ha) The success or failure of the proposed parryi var. fernandina population at that are contiguous with or adjacent to plan will likely require decades to Santa Clarita, and the vast majority of the existing San Martinez Grande and determine. The use of positive outcomes the remaining 75 percent of this Potrero preserves established under the can only occur after a measured success. population would be surrounded and SCP. These expansion areas will aid Since the effectiveness of proposed bordered by residential and commercial connectivity of populations, as well as conservation measures cannot be development. While the data may not establish new populations. evaluated for many years, it is show a trend over the survey period, Comment (19): Future habitat premature to rely on potential future reducing the population by 25 percent conditions in C. parryi var. fernandina success of these measures when and fragmenting the remaining preserves will generally be resistant to determining the vulnerability of C. populations introduces new stressors permanent Argentine ant invasions. parryi var. fernandina. into the population that will affect the Consequently, there is little risk of long- Response: We stated in the proposed persistence of the plant over the next 25 term infestation by Argentine ants in rule (81 FR 63454, September 15, 2016, years at this population. numbers sufficient to permanently see p. 63458) that we will formally The 2017 CCA establishes additional displace arthropods that provide evaluate all measures included in C. parryi var. fernandina occurrences at pollinator and seed dispersal services. Newhall Land’s conservation strategy the Santa Clarita population, including Response: Our analyses in the Species using PECE before making our final three additional conservation areas Report indicate that if Argentine ants determination of the status of the plant. totaling approximately 825 ac (334 ha) invade an area, they are likely to In determining whether a formalized that are contiguous with or adjacent to permanently displace arthropods that conservation effort contributes to the existing San Martinez Grande and provide pollinator and seed dispersal forming a basis for not listing a species, Potrero preserves established under the services (Service 2016, pp. 44–62). or for listing a species as threatened SCP. These areas are intended to expand Argentine ants are present on Newhall rather than endangered, we must the area of protected conservation land Ranch in at least two SCP preserves evaluate whether proposed conservation for C. parryi var. fernandina and (Entrada and Potrero), and within the efforts improve the status of the species increase the extent of protected open space that acts as a corridor under the Act. Two factors are key in occurrence locations within the Santa between the SCP preserves, the Santa that evaluation: (1) For those efforts yet Clarita population to buffer it from the Clara River (Dudek 2016b, pp. 17, 20). to be implemented, the certainty that detrimental effects of loss of habitat and It is therefore reasonable to assume that the conservation effort will be individuals and the associated edge conditions are currently suitable for implemented; and (2) for those efforts effects, which should increase Argentine ants within at least two that have not yet demonstrated persistence of the plant over the next 25 preserves. Argentine ants are assumed effectiveness, the certainty that the years at this population. to be present throughout the conservation effort will be effective. In Comment (18): One commenter stated development and are expected to be our PECE analysis of the 2017 CCA for that the Species Report overstates the the spineflower, we found that there is extent to which habitat fragmentation present in the open areas adjacent to the a high degree of certainty that the will affect C. parryi var. fernandina. The preserves in the future post- conservation measures under the plan commenter stated that C. parryi var. development (Dudek 2010a, p. 130). will be implemented, and a high degree fernandina preserves and large, Also, Dudek (2016b, pp. 5–18) states of certainty that the conservation connected open spaces within and that five out of the seven SCP preserves measures will be effective. Please see around the Newhall Land property (82 percent of the total preserve area) the full PECE analysis at http:// development areas will preserve have a ‘‘high potential for serious www.regulations.gov at Docket No. connectivity for mobile pollinators such encroachment or invasion of Argentine FWS–R8–ES–2016–0078. as honeybees and potential seed ants’’ given current and proposed dispersers, maintaining opportunities adjacent land uses. Public Comments for genetic exchange between preserves. The 2017 CCA states that annual Comment (17): One commenter stated C. parryi var. fernandina preserve Argentine ant monitoring will be that McGraw (2012) found a strong management, including habitat conducted as part of the ongoing habitat positive correlation between percentage restoration and enhancement, will maintenance, and appropriate control of the mapped cumulative footprint maintain and enhance floral and other measures consistent with the Argentine supporting C. parryi var. fernandina in habitat resources in the preserves for Ant Control Plan for Newhall Ranch a given year and total annual rainfall. pollinators and seed dispersers. (Dudek 2014, entire) will be However, the data of acres occupied Response: Development of Newhall implemented in the event that invasion annually by C. parryi var. fernandina Ranch will remove some occurrences occurs. If Argentine ants invade, demonstrate that there is no apparent that connect, or are intermittent Newhall Land proposes control methods overall increase or decreasing trend over between, the larger concentrations of C. as part of an integrated pest the last 17 years; therefore, there is no parryi var. fernandina in the designated management plan to remove Argentine reason to expect a trend change in the preserves. Removing some of the ants and mitigate for the absence of next 25 years based on the best available smaller scattered populations outside native pollinators within the preserves information. the preserves will likely make the (Dudek 2014c, pp. 25–42). Qualified Response: Interannual variability in distances between remaining pest control professionals and total annual rainfall is a major driver of concentrations of C. parryi var. conservation managers will review and the variability in C. parryi var. fernandina larger and make the habitat approve any control or mitigation plan. fernandina’s distribution, but additional that supports the plant more isolated. Argentine ants are not considered to be factors, including temperature, timing of However, the implementation of the a significant long-term risk to C. parryi precipitation in fall or winter, and 2017 CCA will establish additional C. var. fernandina at the introduction sites drought, may also play a role (McGraw parryi var. fernandina occurrences at outside the Santa Clarita population 2012, p. A–6). The proposed the Santa Clarita population, including because they are all well separated from development of Newhall Ranch would three additional conservation areas areas supporting potential source

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populations, such as urban development populations; this can be related to the presence of specific soil types and areas. distribution of populations within the geomorphological conditions (including Comment (20): One commenter stated variation in a species’ ecological specific substrate, elevation, and that in the proposed rule (81 FR 63454; settings. Historically, there were no aspect); (e) minimal environmental September 15, 2016), the Service’s fewer than 10 C. parryi var. fernandina threats; and (f) availability of arthropods conclusion that there may not be populations across southern California, that can facilitate pollination to ensure sufficient redundancy to sustain C. representing at least five ecoregions of higher achene (seed head) set and parryi var. fernandina over the long the conterminous United States. ensure genetic diversity. term is overstated, because evidence Ecoregions denote areas of general Response: The 2017 CCA includes a indicates the long-term threats to similarity in ecosystems through commitment to significant planning, redundancy can be effectively managed analysis of patterns of biotic and abiotic resources, ongoing scientific observation through habitat restoration in the phenomena, including geology, and study, adaptive management, and preserves, management of Argentine physiography, vegetation, climate, soils, incorporation of most current plant and ants, and introduction of C. parryi var. land use, wildlife, and hydrology. environmental science. Newhall Land fernandina into non-preserve areas. Currently, there are only two C. parryi will cause permanent conservation Response: Redundancy does not just var. fernandina populations, 17 mi (27 instruments to be recorded over each of refer to the population at Santa Clarita km) apart, representing only one the additional conservation areas in but refers to the ability of a species to ecoregion. which C. parryi var. fernandina is compensate for fluctuations in or loss of The goal of the 2017 CCA is to established to ensure that the habitat populations across the species’ range establish at least two new self- values for the species are maintained, such that the loss of a single population sustaining, persistent C. parryi var. minimizing environmental threats. has little or no lasting effect on the fernandina occurrences, at least one of Newhall Land will fund all initial structure and functioning of the species which will be in a different ecoregion habitat enhancement and C. parryi var. as a whole. Multiple interacting from the existing populations to fernandina introduction activities populations across a broad geographic increase the number of ecoregions in within the additional conservation area provide insurance against the risk which the plant is represented. The two areas, and will fund one or more of extinction caused by catastrophic existing C. parryi var. fernandina endowments to provide perpetual events. Because historically there were populations are located in the Venturan- management and monitoring within the no fewer than 10 additional populations Angeleno Coastal Hills ecoregion. The additional conservation areas. across Los Angeles and Orange Counties additional conservation area in the To address availability of seed source, in Southern California, and currently Castaic Mesa area in northern Los it is anticipated that there will be there are 2 populations, redundancy is Angeles County, near a known opportunities for topsoil salvage from C. decreased for C. parryi var. fernandina. extirpated population location, is within parryi var. fernandina occupied areas If either of the two extant populations the Southern California Lower Montane within the proposed developments on were permanently lost, the redundancy Shrubland Woodland ecoregion. The Newhall Land property at the Santa would be further lowered, thereby additional conservation area located in Clarita population. In addition, a phased decreasing the plant’s chance of survival the Petersen Ranch Mitigation Bank approach will provide lead time to in the face of potential environmental or adjacent to Elizabeth Lake near a known conduct wild seed collections (and to demographic stochastic factors and extirpated population location is within grow these seeds in a controlled nursery catastrophic events (e.g., wildfire, the Arid Montane Slopes ecoregion. setting to bulk seed, if necessary) to extreme drought). Establishing at least two new self- acquire the necessary seed resources to The additional conservation areas sustaining, persistent C. parryi var. implement C. parryi var. fernandina proposed in the 2017 CCA are intended fernandina occurrences where at least introduction in the various areas. to increase the number and extent of C. one is in a different ecoregion from the To address the need for appropriate parryi var. fernandina populations existing populations may improve the climatic and hydrologic conditions and within its historical range and increase ability of the plant to adapt to changing the presence of specific soil types and redundancy. The CCA provides for environmental conditions into the geomorphological conditions, the Newhall Land to introduce C. parryi var. future. additional conservation areas were fernandina within portions of the Comment (22): One commenter stated selected based on proximity to extant C. additional conservation areas with the that long-term establishment of C. parryi parryi var. fernandina populations, goal of establishing at least two new var. fernandina is feasible. Efforts to do proximity to extirpated historical self-sustaining, persistent occurrences to so will require a commitment to locations, availability of undeveloped increase the redundancy of the species. significant planning, resources, ongoing open space, surrounding land uses, and Comment (21): One commenter stated scientific observation and study, land ownership. Some other areas were that the seven C. parryi var. fernandina adaptive management, and considered, but rejected due to lack of preserves will help maintain the incorporation of most current plant and conserved open space, unsuitable existing representation of the plant on environmental science. Constraints to conditions, or untenable land Newhall property. Likewise, the establishment of new populations of C. ownership situations. Once potential endowment for management of the parryi var. fernandina include: (a) sites were identified, the sites that best Laskey Mesa population will also Availability of seed source due to met the identified parameters that contribute to continued representation physical and morphological reasons; (b) appear to favor occupation by C. parryi of that population. availability of land in the historical var. fernandina were chosen. Site Response: Representation refers to a range of the plant that is not already selection relied heavily on the results of species’ ability to adapt to changing developed or threatened by a habitat characterization study, which environmental conditions, which is a encroachment of nonnative and invasive compared occupied and unoccupied species’ adaptive capacity. species; (c) presence of appropriate areas within coastal scrub and annual Representation is characterized by the climatic and hydrologic conditions (hot grassland, to identify characteristics of breadth of genetic and environmental and dry with seasonal drought occupied C. parryi var. fernandina diversity within and among conditions and no irrigation); (d) habitat. In addition to selecting what

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appeared to be the most suitable sites, The commenter urged a delay and of new populations and reduce or the approach in the 2017 CCA is to extension of the comment period so that eliminate threats to C. parryi var. assist C. parryi var. fernandina during the effect of this fire on C. parryi var. fernandina. The commenter states that the early establishment period in order fernandina could be investigated. the plan will attempt to establish to help the introduced population Response: The December 2017 Rye populations and hopefully provide develop a foothold through habitat Fire burned four out of seven of the SCP protective measures, but that the enhancement, ultimately resulting in at preserves on Newhall Ranch. Based on proposed conservation efforts cannot be least two new self-sustaining, persistent prior research, we expect relatively considered as guarantees. The populations. minor effects from the Rye Fire on commenter concluded that the 2017 Comment (23): One commenter stated arthropods that could be spineflower CCA should not be used to determine that Newhall Land appears to have pollinators. Jones et al. (2004) the current status of C. parryi var. begun vegetation clearing on the project conducted pollinator studies on fernandina. site where Chorizanthe parryi var. spineflower populations on Newhall Response: PECE (68 FR 15100, March fernandina is located. The commenter Ranch and Ahmanson Ranch, and found 28, 2003) ensures consistent and does not believe that such actions that one of the dominant floral visitors adequate evaluation of recently comply with the rules and regulations of on Newhall Ranch was little red ant and formalized, but not yet implemented the Act. the dominant floral visitors at the conservation efforts when making Response: Section 7 of the Act Ahmanson Ranch were two species of listing decisions. The policy provides provides a mechanism for identifying ants: The pyramid ant and the southern guidance on how to evaluate and resolving potential conflicts fire ant. Matsuda et al. (2011, entire) conservation efforts that have not yet between a proposed action and a species investigated the effect of broad-scale been implemented or have not yet proposed for listing at an early planning wildfire on ground foraging ants within demonstrated effectiveness. The stage. While consultations for listed southern California. They found a net evaluation focuses on the certainty that species are required when the proposed negative effect of fire on the overall the conservation actions will be action may affect listed species, a diversity of ground foraging ants likely implemented and effective. conference is required only when the because of changes in community Using the criteria specified in PECE, proposed action is likely to jeopardize structure rather than the loss of species we evaluated the certainty of future the continued existence of a species richness. Although they found a implementation and certainty of proposed for listing. negative effect of fire on ant diversity, effectiveness of the 2017 CCA. Based on The Final Environmental Impact the increases in overall species diversity our evaluation, we have a high level of Statement (EIS)/Environmental Impact in both the fire-impacted and reference certainty that the conservation actions Report (EIR) for the Newhall Ranch plots suggest that ground-foraging ants will be effectively implemented and, Resource Management and may be relatively resilient to fire therefore, should be considered as part Development Project included detailed because only about 2 percent of an ant of the basis for our final listing analysis of the direct, indirect, and colony is active on the surface, thus determination for C. parryi var. cumulative impacts of the proposed limiting direct mortality. They also fernandina. Please see the full PECE discharges of fill material in waters of suggest that unburned patches within a analysis at http://www.regulations.gov the United States and associated upland burn area can provide refuge for ants at Docket No. FWS–R8–ES–2016–0078. development activities on C. parryi var. and source populations for Comment (26): One commenter noted fernandina and included mitigation recolonization of burned areas. that after the proposed rule was measures to avoid, minimize, and The intensity of the Rye Fire on published, an activity occurred at the compensate for impacts to the plant. Newhall Ranch was diagnosed as light Laskey Mesa population that threatens Subsequent to the Final EIS/EIR, (Watershed Emergency Response Team the continued existence of C. parryi var. Newhall Land agreed to implement 2018, pp. 18–20). Based on field testing, fernandina. This activity was permitted additional measures to further the California Geological Survey found by the managing agency. compensate for unavoidable impacts to that within the mapped fire perimeter, Response: We assume that the recent C. parryi var. fernandina as documented 64 percent of the area was classified as activity to which the commenter refers in the 2017 CCA. In consideration of the very low/unburned, 34 percent as low, is a fashion show that occurred on May additional conservation areas and C. and 2 percent as moderate; no area was 11, 2017. Our understanding is that parryi var. fernandina introduction sites classified as high (Watershed MRCA permitted approximately 2.5 ac required as part of the CCA, the U.S. Emergency Response Team 2018, pp. (1 ha) at Laskey Mesa be utilized for the Army Corps of Engineers made a final 18–20). The severity of the Rye Fire was show, but resulting impacts were about determination that permit no. SPL– similar to or generally less than the most 1 ac (.4 ha) larger than planned, and that 2003–01264 would not jeopardize the recent fires on Newhall Ranch in C. several aspects of the event were not continued existence of C. parryi var. parryi var. fernandina habitat, the 2003 covered under the permitted activities. fernandina and is not required to Verdale Fire and 2007 Magic Fire. The MRCA permit required that there be complete a conference opinion to Severity in burn areas was generally low no disturbance of terrain or indigenous comply with the requirements of the in the Magic Fire and very low to plants. As a result, CDFW sent a letter Act. moderate in the Verdale Fire (Dudek to the State Wildlife Conservation Board Comment (24): One commenter stated 2017, p. 10). We were able to investigate expressing concern over consistency that the Rye Fire in Santa Clarita, which the effect of the fire on the plant and its between the funding provided for the began on December 5, 2017, has pollinators within the allotted purchase of Laskey Mesa and the apparently burned at least five of the timeframe, and therefore we do not need intended conservation purpose of that proposed seven conservation areas for to extend the comment period on the funding. There was a follow-up meeting C. parryi var. fernandina and possibly proposal. with representatives of CDFW, the State all those located on the Mission Village Comment (25): One commenter stated Wildlife Conservation Board, MRCA, project. The commenter stated that it is that throughout the 2017 CCA there are and SMMC, in which the same concerns important to determine whether native definitive statements that the proposed were shared. As a result of the meeting, pollinator arthropods survived the fire. actions will result in the establishment the State Wildlife Conservation Board,

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MRCA, and CDFW agreed to develop a continued existence of the species. We p. 437; Menges 1991, pp. 158–164; strategy so that concerns regarding the conclude this because these activities Jennerston 1988, pp. 359–366; conservation of sensitive species are have been or will be removed from most Cunningham 2000, pp. 1149–1152). given a more prominent part in the areas that overlap C. parryi var. These indirect effects of the proposed permitting of activities on Laskey Mesa fernandina. The remaining stressors— development would remain into the (e.g., sensitive species surveys prior to development; nonnative, invasive future post-construction. filming activities). The CDFW is plants; Argentine ants; wildfire; and Under the 2010 SCP, Newhall Land currently working with its partners in potentially climate change—acting on Company designated seven spineflower developing the strategy. This strategy the small isolated populations are preserves containing approximately 15 should be effective in preventing further described below. We address the ac (6 ha) of C. parryi var. fernandina variances from permitted activities that remaining stressors below because we occupied area, which is the remaining might affect C. parryi var. fernandina. determined in our September 15, 2016, 76 percent of the Santa Clarita proposed rule (81 FR 63454) that population. Easements and an Summary of Biological Status and population or rangewide impacts may endowment to manage and monitor the Factors Affecting the Species contribute to, or are likely to contribute preserves have been put in place. In Section 4 of the Act and its to, considerable loss of individuals or addition to the preserves designated implementing regulations (50 CFR 424) habitat currently or in the future. Please under the SCP, the 2017 CCA set forth the procedures for adding refer to the Potential Stressors section in establishes additional C. parryi var. species to the Federal Lists of the Species Report (Service 2016, pp. fernandina occurrences at the Santa Endangered and Threatened Wildlife 20–78) for a more detailed discussion of Clarita population (Areas 1–3 in Figure and Plants. A species may be our evaluation of the biological status of 2, above), reducing the overall threat to determined to be an endangered or the plant and the factors that may affect this population from development. The threatened species due to one or more its continued existence. additional conservation areas at the of the five factors described in section Santa Clarita population total 4(a)(1) of the Act: (A) The present or Development (Factors A and E) approximately 825 ac (334 ha) that are threatened destruction, modification, or Development consists of converting contiguous with or adjacent to the curtailment of its habitat or range; (B) the landscape into residential, existing San Martinez Grande and overutilization for commercial, commercial, industrial, and recreational Potrero preserves established under the recreational, scientific, or educational features, with associated infrastructure SCP. These areas are intended to expand purposes; (C) disease or predation; (D) such as roads. Currently, development the area of protected conservation land the inadequacy of existing regulatory does not impact C. parryi var. for the plant and increase the extent of mechanisms; or (E) other natural or fernandina at either population. In the protected occurrence locations within manmade factors affecting its continued future, no development is anticipated at the Santa Clarita population to buffer it existence. Listing actions may be the Laskey Mesa site because the from detrimental effects of loss of warranted based on any of the above property is owned and managed by the habitat and individuals and the threat factors, singly or in combination. SMMC and MRCA, and preserved as associated edge effects. All of the Stressors that currently act, or may act, permanent parkland. At the Santa conservation areas (i.e., preserves under on C. parryi var. fernandina in the Clarita site, the population is within the the SCP and occurrences under the 2017 foreseeable future include development footprint of the proposed Newhall CCA) will be in permanent conservation (Factors A and E); nonnative, invasive Ranch development project. and will not be directly threatened by plants (Factors A and E); Argentine ants At the time we issued the proposed development. (Factor E); grazing and agriculture rule (81 FR 63454, September 15, 2016), Overall, we projected in our (Factor A); utility line easements and available information indicated that the September 15, 2016, proposed rule that maintenance (Factor A); miscellaneous future development of the proposed development at one of the two C. parryi land use (Factor A); recreation (Factor Newhall Ranch would directly remove var. fernandina populations would E); wildfire (Factor E); and climate 24 percent of the C. parryi var. result in the loss of 24 percent of the change (Factors A and E). The effects of fernandina population and occupied Santa Clarita population in the future these stressors are magnified by virtue habitat at the Santa Clarita site, reducing and that edge effects to the remaining of the plant having small population the population from approximately 20 Santa Clarita population were expected. sizes (Factor E). For the purposes of this ac (8 ha) to 15 ac (6 ha) of cumulative Edge effects around the remaining analysis, we define the ‘‘foreseeable occupied area (Dudek 2010a, Table 12, occurrences put these patches at risk future’’ time period to be 25 years. The p. 67). In addition to habitat removal, and separate them more than they are basis for this timeframe is that it the proposed development would also under current conditions. However, includes cycles of variation in climate, create indirect effects by fragmenting under the 2017 CCA, abundance and the potential impacts of the completion the remaining habitat between the distribution of the plant within the of the proposed development of occurrences of C. parryi var. fernandina. Santa Clarita population will be Newhall Ranch, and planned The impacts of fragmented habitat increased to buffer the population from conservation measures for the Laskey include: (1) Edge effects around detrimental effects of loss of habitat and Mesa and Santa Clarita populations. remaining populations, such as individuals and the associated edge All of these potential stressors are increasing the risk of invasion of effects of the development. When we evaluated and presented in our Species nonnative, invasive plants and animals; issued the proposed rule, we concluded Report (Service 2016, pp. 20–78). The and (2) further separation of occurrences that development was a future best available data indicate that grazing relative to current conditions because population-level threat to the plant, as and agriculture, utility line easements much of the area between the remaining it would result in loss of habitat and and maintenance, miscellaneous land occurrences would be residential and individuals, and further reduce the use, and recreation are not resulting in commercial development (Dudek 2010a, range of the plant, which was already population or rangewide impacts pp. 48–117), potentially affecting vulnerable due to its small size and currently or in the future such that they pollination and dispersal of the plant isolated populations (Factor E). Since rise to the level of threats to the (Steffan-Dewenter and Tscharntke 1999, the publication of the proposed rule, the

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2017 CCA was developed and signed, protected conservation land for C. parryi are abundant at both sites and are and is being implemented. The 2017 var. fernandina and increase the extent efficient at displacing native vegetation. CCA provides support for C. parryi var. of protected occurrence locations within When we issued the proposed rule (81 fernandina by further protecting, the Santa Clarita population to buffer it FR 63454, September 15, 2016), we increasing, and expanding existing and from detrimental effects of loss of determined that this stressor would future populations and habitat. habitat and individuals and the likely affect C. parryi var. fernandina As discussed above, we have associated edge effects, including and its habitat at both sites into the determined that the conservation Argentine ant invasion. future, but at a decreased severity. actions outlined in the 2017 CCA are Introduction sites outside of the Santa Newhall Land provided funding for the sufficiently certain to be implemented Clarita population include an additional management of the Laskey Mesa and effective such that they should be conservation area of 357 ac (144 ha) population, including control of considered in our assessment of status. located in the Simi Valley watershed on nonnative, invasive vegetation. At the These conservation actions significantly the southern boundary of Newhall Land Santa Clarita population, the proposed reduce the identified threats, including property in Ventura County; an development of Newhall Ranch would effects of historical and future loss of additional conservation area of convert areas that currently contain habitat from development (Factor A and approximately 316 ac (128 ha) located nonnative vegetation to urban areas, E), and their impacts to C. parryi var. on Newhall Land property in the Castaic thereby reducing the total acreage of fernandina and its habitat. Thus, the Mesa area in northern Los Angeles nonnative vegetation at this site, but this best scientific and commercial data County, near a known extirpated ground disturbance would also create available indicate that the effects population location; and an additional additional opportunities for nonnative associated with development are not a conservation area located in a 7-ac (2.8- plants to invade urban edges of C. parryi threat to the continued existence of C. ha) portion of the Petersen Ranch var. fernandina preserves and natural parryi var. fernandina now nor will they Mitigation Bank adjacent to Elizabeth open space. In general, nonnative weedy be in the foreseeable future. Lake, also near a known extirpated species are often edge species and become more prevalent or increase in Small, Isolated Populations (Factors E) population location. abundance, while rare and sensitive Introduction of C. parryi var. The effects of small, isolated species and species that were once fernandina at historically occupied but populations include increased risk of widespread tend to decline (Hilty et al. currently extirpated sites and at new extinction from random, naturally 2006, pp. 42–45). occurring events, and potentially sites decreases the risk of having small, The 2017 CCA provides for Newhall reduced genetic variation, which can isolated populations for C. parryi var. Land to voluntarily implement affect the ability of a species to sustain fernandina into the future. When we conservation measures described in the itself into the future in the face of issued the proposed rule, we concluded introduction plan with the goal of environmental fluctuations. There are that having small, isolated populations establishing new, protected C. parryi two known populations of C. parryi var. was a current and future population- var. fernandina occurrences within the fernandina, 17 mi (27 km) apart, one at level threat to the plant (Factor E). Since plant’s historical range. Weed control is Laskey Mesa and one at Santa Clarita, the publication of the proposed rule, the an important component of the each comprising approximately 15 to 20 2017 CCA was developed and is being introduction plan and will be ac (6 to 8 ha) of occupied area. implemented to increase future implemented at all additional Historically, the plant was known from populations and habitats for C. parryi conservation areas. The first year of the no less than 10 additional locations var. fernandina. seeding trials demonstrated successful across southern California (see Figure At this time, under PECE, we have plant establishment from both broadcast 1). determined that the conservation seeding and salvaged topsoil and When we issued the proposed rule (81 actions outlined in the 2017 CCA are documented positive effects from FR 63454, September 15, 2016), we sufficiently certain to be implemented weeding. Confirmation that the weed concluded that having only two small, and effective such that they should be control method used in the seeding isolated populations decreased the considered in our assessment of status. trials is effective in improving ability of C. parryi var. fernandina to These conservation actions significantly performance of the plant has important sustain itself into the future in the face reduce the identified threats, including positive implications both for the of environmental fluctuations and having small, isolated populations introduction plan and for management random, naturally occurring events. At (Factor E), and their impacts to C. parryi of occupied habitat within the SCP that time, we determined that this var. fernandina and its habitat. Thus, preserves. stressor would continue to affect C. the best scientific and commercial data In our September 15, 2016, proposed parryi var. fernandina and its habitat at available indicate that the adverse rule, we concluded that nonnative, both sites into the future. effects of small, isolated populations to invasive plants are abundant at both Since the publication of the proposed the continued existence of C. parryi var. Laskey Mesa and Santa Clarita rule, the 2017 CCA was completed, fernandina is not a threat to the populations, reduce available habitat which provides for additional continued existence of the plant now quality, compete with C. parryi var. conservation areas that are intended to nor will it be in the foreseeable future. fernandina for resources, and increase increase the number and extent of potential for wildfire. We also Nonnative, Invasive Plants (Factors A spineflower occurrences within the concluded that this stressor historically and E) plant’s historic range. The additional affected Laskey Mesa and Santa Clarita conservation areas at the Santa Clarita Nonnative, invasive plants include populations and will continue to affect population, which total approximately nonnative vegetation that occurs within C. parryi var. fernandina and its habitat 825 ac (334 ha), are contiguous with or or adjacent to habitat that supports C. at both sites into the future, but at a adjacent to the existing San Martinez parryi var. fernandina. In particular, we lower level than historically. Grande and Potrero preserves focused on the impacts of nonnative Management actions will reduce the established under the SCP. These areas grasses and other fast-invading, presence and impact of nonnative, are intended to expand the area of nonnative annual plants because they invasive grasses that would be

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implemented in the near future and In our September 15, 2016, proposed When we issued the proposed rule, would be effective in reducing this rule, we determined that loss of habitat we concluded that Argentine ants are a stressor. When we issued the proposed and individuals and the associated edge current and future population-level rule, we concluded that nonnative, effects including proliferation of threat to C. parryi var. fernandina (loss invasive plants are a population-level Argentine ants at the Santa Clarita of individuals) (Factor E). Since the threat to C. parryi var. fernandina (loss population are likely to decrease habitat publication of the proposed rule, the of individuals) and its habitat (Factors A quality, reducing resiliency at this 2017 CCA was developed and signed, and E). Since the publication of the population. The 2017 CCA includes which will expand the area of protected proposed rule, the 2017 CCA was establishing additional C. parryi var. conservation land for C. parryi var. developed and signed that now provides fernandina occurrences at the Santa fernandina and increase the extent of additional protected habitat for C. parryi Clarita population, including three protected occurrences within the Santa var. fernandina by increasing future additional conservation areas totaling Clarita population to buffer it from populations and habitats where weeds approximately 825 ac (334 ha) that are detrimental effects of Argentine ant will be controlled. At this time, under contiguous with or adjacent to the invasion. Argentine ants may still affect PECE, we have determined that the existing San Martinez Grande and some portion of the Santa Clarita conservation actions outlined in the Potrero preserves established under the population, but by increasing the overall 2017 CCA are sufficiently certain to be SCP. These additional conservation resiliency of the population to those implemented and effective such that areas are intended to increase the extent effects by increasing numbers and area they should be considered in our of protected C. parryi var. fernandina for the spineflower, the effects of assessment of the status. These occurrences within the Santa Clarita Argentine ants, including loss of conservation actions significantly population to buffer it from detrimental pollinators and seed dispersers, are not reduce the identified threats, including effects of loss of habitat and individuals expected to result in meaningful historical and future loss of habitat from and the associated edge effects, impacts at the population scale. At this nonnative, invasive plants (Factors A including Argentine ant invasion. time, under PECE, we have determined and E), and their impacts to C. parryi The additional conservation area that the conservation actions outlined in var. fernandina and its habitat. Thus, adjacent to the existing Potrero preserve the 2017 CCA are sufficiently certain to the best scientific and commercial data is at risk of invasion by Argentine ants. be implemented and effective such that available indicate that the stressor of The two additional conservation areas they should be considered in our invasive, nonnative plants is not a threat adjacent to the existing San Martinez assessment of status. These conservation to the continued existence of C. parryi Grande preserve are farther from actions significantly reduce the var. fernandina now nor will it be in the existing or proposed development (see identified threats, including Argentine foreseeable future. Figure 2, above). None of the adjacent ants (Factor E), and their impacts to C. parryi var. fernandina and its habitat. Argentine Ants (Factor E) land uses near San Martinez Grande Thus, the best scientific and commercial Argentine ants may impact poses a heightened threat of Argentine ant invasion (Dudek 2016, p. 6). These data available indicate that Argentine pollination and seed dispersal vectors of ants are not a threat to the continued additional conservation areas are not C. parryi var. fernandina. Based on the existence of C. parryi var. fernandina expected to be at risk of invasion from best available information, Argentine now nor will they be in the foreseeable Argentine ants and should contribute to ants have not historically impacted the future. Laskey Mesa or Santa Clarita C. parryi var. fernandina numbers and populations of C. parryi var. fernandina. recruitment at the Santa Clarita Climate Change (Factors A and E) Currently, at Laskey Mesa, Argentine population. Pollination and seed The term ‘‘climate’’ refers to the mean ants are present in close proximity, but dispersal vectors are therefore expected and variability of different types of they were not encountered in areas to remain healthy at these sites. weather conditions over time, with 30 occupied by C. parryi var. fernandina Argentine ants are not considered to be years being a typical period for such because, presumably, the conditions are a significant long-term risk to C. parryi measurements, although shorter or too dry and thus unsuitable (Sapphos var. fernandina at the introduction sites longer periods also may be used (IPCC 2000, pp. 6–8). At Santa Clarita, as of outside of the Santa Clarita population 2014, p. 119). The term ‘‘climate February 2016, Argentine ants were because they are all well separated from change’’ thus refers to a change in the present within two SCP preserves, areas supporting potential source mean or variability of one or more Entrada and Potrero (Dudek, 2016b, pp. populations of Argentine ants, such as measures of climate (for example, 17, 20), in the Santa Clara River corridor urban development areas. temperature or precipitation) that (Dudek 2016b, entire), at Middle The 2017 CCA describes that annual persists for an extended period, Canyon Spring (Dudek 2010a, p. 130), Argentine ant monitoring will be typically decades or longer, whether the and in the existing utility corridor that conducted as part of the ongoing habitat change is due to natural variability, runs along the southern portion of the maintenance and appropriate control human activity, or both (IPCC 2014, p. property and through the Entrada measures consistent with the Argentine 120). A recent synthesis report of Preserve (Dudek 2016b, p. 17). Ant Control Plan for Newhall Ranch climate change and its effects is At Laskey Mesa, we do not expect (Dudek 2014, entire) in the event that available from the Intergovernmental Argentine ants will impact C. parryi var. invasion occurs. If Argentine ants Panel on Climate Change (IPCC) (IPCC fernandina in the future as there is no invade, Newhall Land proposes control 2014, entire). anticipated change in land use. At Santa methods as part of an integrated pest There is no way to measure past Clarita, Argentine ants already occur, management plan to remove Argentine impacts at either population associated and we would expect them to occur ants and mitigate for the absence of with climate change. Compared to within development areas and open native pollinators within the preserves historical or baseline temperature and areas adjacent to the preserves in the (Dudek 2014c, pp. 25–42). Qualified precipitation measurements, projections future after development of the pest control professionals and of climate change in the south coast proposed Newhall Ranch (Dudek 2010a, conservation managers will review and region of California indicate that p. 130; Dudek 2016b, pp. 4–20). approve any control or mitigation plan. precipitation will decrease slightly and

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temperature will increase slightly by represented. Increasing the number of moving) (McGraw 2017, p. 4). Seed mid-century. The response of C. parryi ecoregions in which the plant is germination of related taxa, Parry’s var. fernandina may be similar to other represented is intended to improve the spineflower, appears to be inhibited by plant species with a similar life history. ability of the plant to adapt to changing fire (Ellstrand 1994 and Ogden 1999, in A growing body of literature discusses environmental conditions into the CBI 2000, pp. 4, 13). A study on the the specific mechanisms by which future. Ecoregions denote areas of effects of fire on Ben Lomond climate change could affect the general similarity in ecosystems through spineflower (Chorizanthe pungens var. abundance, distribution, and long-term analysis of patterns of biotic and abiotic hartwegiana) found that fire directly viability of plant species, as well as phenomena, including geology, reduced seed germination during the current habitat configuration over time, physiography, vegetation, climate, soils, first year after the fire (McGraw 2017, p. including, but not limited to, Root et al. land use, wildlife, and hydrology; level 5). (2003), Parmesan and Yohe (2003), and IV is the finest ecoregion level Despite the effect of direct scorching, Visser and Both (2005). Some of the developed by the Environmental fire may prove beneficial to C. parryi responses by plants to climate change Protection Agency (Environmental var. fernandina by creating openings in presented by these studies and others Protection Agency 2016). Currently, ground cover and temporarily reducing include the following: there are only two C. parryi var. competition (CBI 2000, p. 13). The Ben 1. Drier conditions may result in less fernandina populations, 17 mi (27 km) Lomond spineflower study found that suitable habitat, or a lower germination apart, representing only one level IV fire indirectly facilitated Ben Lomond success and smaller population sizes; ecoregion. Increasing the number of spineflower by removing accumulative 2. Higher temperatures may inhibit ecoregions in which the species occurs leaf litter and creating openings for germination, dry out soil, or affect may increase the ability of the plant to seedlings (McGraw 2017, p. 5). pollinator services; adapt to a changing environment, which However, by creating such open areas, 3. The timing of pollinator life cycles may decrease the risk of future wildfire expands the footprint of may become out-of-sync with timing of extirpation of the plant under climate invasive annual plants that are more flowering; change. The two existing C. parryi var. likely to ignite and carry fire than much 4. A shift in the timing and nature of fernandina populations are located in of the native flora, thereby creating a annual precipitation may favor the Venturan-Angeleno Coastal Hills feedback mechanism. expansion in abundance and ecoregion. The additional conservation The Rye Fire on Newhall Ranch began distribution of nonnative species; and area in the Castaic Mesa area in on December 5, 2017, and burned 5. Drier conditions may result in northern Los Angeles County, near a approximately 2,845 ac (1,150 ha) of increased fire frequency, making the known extirpated population location, land within the boundaries of the SCP ecosystems in which a species currently is within the Southern California Lower area. Of the seven SCP preserves, four grows more vulnerable to threats of Montane Shrubland Woodland were burned (Grapevine Mesa, Airport nonnative plant invasion. ecoregion. The additional conservation Mesa, Spring, and Potrero). The Overall, although many climate area located in the Petersen Ranch westernmost portion of the Airport models generally agree about potential Mitigation Bank adjacent to Elizabeth Mesa preserve burned while the entirety future changes in temperature and Lake near a known extirpated of the Spring, Grapevine, and Potrero precipitation, their consequent effects population location is within the Arid preserves burned. Of the 20-ac (8-ha) on vegetation are more uncertain, as is Montane Slopes ecoregion. cumulative C. parryi var. fernandina the rate at which any such changes In our September 15, 2016, proposed occupied area within the SCP, might be realized. It is not clear how or rule, based on the analysis in the approximately 13 ac (5 ha) were affected when changes in vegetation type or Species Report (Service 2016, pp. 73– by the Rye Fire (approximately 66 plant species composition will affect the 78), we determined that we did not have percent of total cumulative occupied distribution of C. parryi var. fernandina. reliable information to indicate that area since 2002), including 4 ac (1.6 ha) Therefore, uncertainty exists when climate change is a threat to C. parryi in the Grapevine Mesa preserve, 5 ac (2 determining the level of impact climate var. fernandina or its habitat now or in ha) in Airport Mesa preserve, less than change may have on C. parryi var. the future (Factors A and E). 1 ac (0.4 ha) in the Spring preserve, and fernandina or its habitat. At the time of Uncertainty about the effects of climate 1 ac (0.4 ha) in the Potrero preserve the proposed listing, based on the change on the plant remains. Therefore, (Dudek 2017, pp. 14–15). analysis in the Species Report (Service we do not have reliable information to Approximately 3 ac (1.2 ha) of C. parryi 2016, pp. 73–78) and summarized indicate that climate change is a threat var. fernandina habitat outside the SCP above, the best available information to C. parryi var. fernandina habitat now preserves were affected by the fire; of did not allow us to reliably project or in the future (Factors A and E). that area, approximately 1 ac (0.4 ha) responses of C. parryi var. fernandina to was no longer occupied at the time of indicate that climate change is a threat Wildfire (Factor E) the fire, because this area lies within the to the continued existence of the plant In our Species Report, we concluded Mission Village Project Site, and or its habitat now or in the future, that wildfire directly impacts C. parryi Newhall Land had previously although we continue to seek additional var. fernandina where they co-occur, conducted soil salvage in the C. parryi information concerning how climate but that this impact is temporary until var. fernandina occupied area as an SCP change may affect the plant and its vegetation reestablishes post fire conservation measure (Dudek 2017, pp. habitat (Factors A and E). (Service 2016, pp.73–76). The extent of 14–15). This soil was stored off site at Since the publication of the proposed direct impacts may depend on the the time of the fire and was not burned. rule, the 2017 CCA was developed and severity of the fire, which is a function The intensity of the Rye Fire on signed. The actions in the 2017 CCA of its intensity (heat output) and Newhall Ranch was characterized as will result in at least two new self- duration. A high-intensity (i.e., hotter) light (Watershed Emergency Response sustaining, persistent C. parryi var. and/or long duration fire would be more Team 2018, pp. 18–20). Based on field fernandina occurrences and will likely to incinerate seeds than a fire that testing, the California Geological Survey increase the number of ecoregions in is lower intensity (i.e., cooler) and/or found that within the mapped fire which C. parryi var. fernandina is has a shorter duration (i.e., is faster perimeter, 64 percent of the area was

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classified as very low/unburned, 34 discern pre- and post-burn trends in C. of nonnative grasses (Avery 2001, pp. percent as low, and 2 percent as parryi var. fernandina. As an annual 17–18). During the Rye Fire, Airport moderate; no area was classified as high plant that exhibits large fluctuations in Mesa was the only SCP preserve where (Watershed Emergency Response Team aboveground population size, Phos-Chek (i.e., aerial applied fire 2018, pp. 18–20). The severity of the abundance appears to track to annual retardant) was dropped. It covered Rye Fire was similar to or generally less climatic variability, particularly amount approximately 5 ac (2 ha) of the than the most recent fires on Newhall of rainfall (Dudek 2010a, pp. 18–20; preserve and less than 1 ac (0.4 ha) of Ranch in C. parryi var. fernandina Dudek 2012, p. 12; McGraw 2012, the cumulative spineflower area in that habitat, the 2003 Verdale Fire and 2007 entire). Surveys conducted following preserve. Also in the Airport Mesa Magic Fire. Severity in burn areas was the fires that occurred on Newhall Preserve, an existing road and a portion generally low in the Magic Fire and very Ranch in 2003 and 2007 show that year- of undisturbed lands were used by low to moderate in the Verdale Fire to-year fluctuations in C. parryi var. vehicles during the fire (Dudek 2017, p. (Dudek 2017, p. 10). At the Laskey Mesa fernandina occupied area and 15). population, the Devonshire-Parker Fire population numbers within burned In 2011, the Service issued a (1967) burned a portion of the C. parryi areas have generally been consistent biological and conference opinion based var. fernandina; the Clampett Fire with fluctuations in unburned areas on our review of the continued aerial (1970) burned most of the plants; and (Dudek 2017, p. 11). In addition, no application of fire retardants, including the Dayton Fire (1982) and Topanga Fire significant patterns relating historical Phos-Chek, on National Forest System (2005) burned all C. parryi var. fire frequency to C. parryi var. Lands and its effects on 75 species listed fernandina plants onsite. These fires fernandina cover, density, survival to as endangered or threatened, or had relatively short intervals between flower, or size were observed in 2014 proposed for listing, and on designated burn events, between 2 and 18 years. (McGraw 2017, p. 3). However, C. parryi critical habitat in accordance with If the Rye Fire promotes the invasion var. fernandina cover, density, and size section 7 of the Act (Service 2011, and spread of exotic plants, it will were all generally negatively correlated entire). This opinion did not directly degrade habitat for C. parryi var. with the cover of shrubs, which address effects to C. parryi var. fernandina. In the 2016 Species Report, increases with time after fire, suggesting fernandina. However, it addressed we found that small native annuals like that C. parryi var. fernandina may do effects to the slender-horned C. parryi var. fernandina cannot better in terms of density and size in spineflower (Dodecahema leptoceras) compete with fast-growing nonnative more recently burned areas (McGraw (Service 2011, pp. 411–414). Our plants (i.e., grasses) for light, water, and 2017, p. 3). analyses found that fire retardant soil nutrients (Service 2016, pp. 39–44). We expect relatively minor effects applications could impact the plant via Chorizanthe parryi var. fernandina’s from the Rye Fire on arthropods that short-term (1 to 2 growing seasons) size, density, and biomass were all could be C. parryi var. fernandina phytotoxic effects, including leaf found to be negatively correlated with pollinators. Jones et al. (2004) burning, shoot die-back, a decrease in exotic plant cover during the conducted pollinator studies on C. germination, and plant death. However, observational studies conducted as part parryi var. fernandina populations on the more likely effects to the species of habitat characterization (McGraw Newhall Ranch and Ahmanson Ranch, would be that nonnative plants could be 2017, p. 20). In addition, by and found that one of the dominant enhanced by fire retardant application manipulating the cover of exotic plants floral visitors on Newhall Ranch was and impact population. Fire retardants through weed whacking, the 2016 little red ant and the dominant floral contain nitrogen and phosphorus that seeding trials demonstrated that exotic visitors at the Ahmanson Ranch were could act as nutrients. While fire plants reduce population growth rate by two species of ants: The pyramid ant retardant could enhance nonnative significantly reducing C. parryi var. and the southern fire ant. Matsuda et al. plants, it could also enhance slender- fernandina seedling establishment, (2011, entire) investigated the effect of horned spineflower growth. survivorship, flower production, and broad-scale wildfire on ground foraging The effects of Phos-Check were also seed set through competition (McGraw ants within southern California. They examined as part of the Ben Lomond and Thomson 2017, p. 14). found a net negative effect of fire on the spineflower study (McGraw 2017, pp. Numerous previous wildfire events overall diversity of ground foraging ants 5–6). There were no biologically have occurred on Newhall Ranch since likely because of changes in community meaningful increases in the cover or 1913, including at least 12 since 1983 structure rather than the loss of species richness of exotic plants within the (excluding the 2017 Rye Fire), and richness. Although they found a Phos-Chek treated areas. This may several of these fires have affected negative effect of fire on ant diversity, reflect the dense shrub and tree cover in extensive areas of spineflower-occupied the increases in overall species diversity these areas, which limits the ability of habitat (Dudek 2017, p. 10). Chorizanthe in both the fire-impacted and reference light-limited exotic plants to establish, parryi var. fernandina monitoring began plots suggest that ground-foraging ants or the Phos-Chek nutrients might have on Newhall Ranch in 2002. Two fires may be relatively resilient to fire been readily taken up by native plants, have affected the Santa Clarita because only about 2 percent of an ant or readily flushed from the sandy-soil population since then. The 2003 colony is active on the surface, thus system. Verdale Fire burned almost the entire limiting direct mortality. They also Monitoring of C. parryi var. San Martinez Grande preserve area. The suggest that unburned patches within a fernandina on Newhall Ranch within 2007 Magic Fire burned portions of the burn area can provide refuge for ants the SCP preserves will continue to Grapevine Mesa and Entrada preserve and source populations for evaluate the performance of the Santa areas. Both the 2003 Verdale Fire and recolonization of burned areas. Clarita population post-Rye Fire. If the the 2007 Magic Fire occurred in Fire suppression activities may monitoring shows that management is October, after C. parryi var. fernandina impact C. parryi var. fernandina and its needed to address direct or indirect surveys had been conducted for that habitat, including clearing vegetation for effects of the fire, measures will be year. fire and fuel breaks or spreading incorporated into annual work plans as Large year-to-year fluctuations in retardant. Fire retardant is known to act required by the SCP and reviewed by population numbers make it difficult to as a fertilizer that enhances the growth the Spineflower Adaptive Management

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Working Group. The primary Therefore, the best scientific and At the Laskey Mesa site, we anticipate anticipated post-fire preserve commercial data available indicate that that management actions will be management activity involves the stressor of wildlife is not a threat to undertaken to manage the proliferation monitoring and controlling weeds that the continued existence of C. parryi var. of nonnative, invasive grasses. At the may invade burned areas following the fernandina now nor will it likely be in Santa Clarita site, the 2017 CCA fire event, particularly if they exceed 30 the foreseeable future. conservation efforts will expand the percent relative cover (Dudek 2017, p. area of protected conservation land for Synergistic Effects 7). the plant and will increase the extent of Additional information about the When stressors occur together, one protected locations within the Santa effects of the fire on C. parryi var. stressor may exacerbate the effects of Clarita population to buffer it from fernandina will be obtained through the another stressor, causing effects not detrimental effects. Argentine ants may second year of monitoring of the 2016 accounted for when stressors are still affect some portion of the Santa seeding trial study plots. The Rye Fire analyzed individually. Synergistic Clarita population, but by increasing the burned 7 of the 10 experimental blocks effects may be observed in a short overall resiliency of the population to (groups of treatment plots) into which amount of time or may not be noticeable those effects by increasing numbers and spineflower seed was sown and topsoil for years into the future, and could area for the spineflower, the effects of was placed to evaluate the effects of affect the long-term viability of C. parryi Argentine ants, including some loss of seeding methods and habitat treatment var. fernandina. Stressors that could act pollinators and seed dispersers, is not (weeding, irrigation, and soil synergistically on C. parryi var. expected to have significant impacts at compaction) on spineflower fernandina include development; the population scale. Weeding will establishment (McGraw 2017, pp. 7–8). having small, isolated populations; decrease the impacts of nonnative, During monitoring of the plots in the nonnative, invasive plants; Argentine invasive plants. Additional conservation 2018 growing season, rates of seedling ants; wildfire; and potentially climate areas associated with the 2017 CCA establishment, survivorship, growth, change. At the Laskey Mesa site, the outside the Santa Clarita population are and reproduction can be compared presence of nonnative, invasive grasses not at risk from Argentine ant invasion; across plots that burned and those that increases the frequency of wildfire, weeding will also take place. Increasing did not burn. which in turn creates more open area for the overall redundancy of C. parryi var. Given the large C. parryi var. nonnative, invasive plants to grow that fernandina with additional populations fernandina occupied area and are more likely to ignite and carry fire and distributing those populations potentially suitable habitat affected by than native vegetation (Keeley et al. across different ecoregions improves the the Rye Fire (approximately 13 ac (5 ha) 2005, p. 2123). At the Santa Clarita site, ability of the plant to withstand small- or 66 percent of the cumulative the future development of Newhall scale stressors, as well as catastrophic occupied area of the Santa Clarita Ranch would directly remove 24 events. At this time, under PECE, we population), the fire has the potential to percent of the C. parryi var. fernandina have determined that the conservation affect the distribution and performance population, fragmenting the habitat actions outlined in the 2017 CCA are of the population both directly and between the occurrences of C. parryi sufficiently certain to be implemented indirectly, with these effects having the var. fernandina, which will create edge and effective such that the actions will potential to result in positive or negative effects around remaining occurrences significantly reduce the identified outcomes. Overall, the Rye Fire falls within C. parryi var. fernandina threats, including their synergistic within the historical range of fires on preserves, and increase the risk of effects, to C. parryi var. fernandina and Newhall Ranch in terms of size and invasion of Argentine ants and its habitat. Thus, the best scientific and severity (i.e., generally light burning and nonnative, invasive plants. When we commercial data available indicate that little evidence of deep soil charring), issued our September 15, 2016, synergistic effects acting on C. parryi and we expect that the plant will be proposed rule, we determined that var. fernandina or its habitat are not a affected by this fire similarly to past when considered together, the impact of threat to the continued existence of the fires, where year-to-year fluctuations in these stressors has the potential to be plant now nor will they be in the C. parryi var. fernandina occupied area high. Even though the impact of each of foreseeable future. and population numbers within burned these stressors may be low to moderate areas were generally consistent with under current conditions, the proposed Resiliency, Redundancy, and fluctuations in unburned areas (Dudek development of Newhall Ranch, which Representation 2017, p. 11). The biggest concern is that would occur over the next 25 years, will We use the principles of resiliency, fire may promote the invasion and likely exacerbate the impact of the redundancy, and representation as a spread of nonnative, invasive grasses stressors while confining the C. parryi lens to evaluate current and future that out-compete small native annuals var. fernandina population at this site to effects to C. parryi var. fernandina. like C. parryi var. fernandina. The small patches of suitable habitat Resiliency describes the ability of a effects of the Rye Fire on C. parryi var. adjacent to and bordered by urban species to withstand stochastic fernandina may depend on the climate development. At the time of the disturbance. Resiliency is positively in the ensuing years. Monitoring proposed listing, we also determined related to population size and growth conducted under the SCP will continue that long-term future impacts may rate, and may be influenced by to evaluate the performance of the increase synergistic effects, and it is connectivity among populations. population, in terms of cover, density, unknown if C. parryi var. fernandina Generally speaking, populations need and size of plants, within the SCP will be able to adapt to the potential abundant individuals within habitat preserves, and if the monitoring shows synergistic effect of stressors. Since the patches of adequate area and quality to that management is needed to address publication of the proposed rule, the maintain survival and reproduction in direct or indirect effects of the fire, such 2017 CCA was developed and signed, spite of disturbance. as an increase in nonnative, invasive and is being implemented; the 2017 Redundancy describes the ability of a grasses, measures will be incorporated CCA now provides additional species to withstand catastrophic into annual work plans and populations and protected habitat for C. events. It is about spreading risk among implemented (Dudek 2017, p. 7). parryi var. fernandina. multiple populations to minimize the

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potential loss of the species from overall maintenance program described nonnative plants and Argentine ants, catastrophic events. Redundancy is in the introduction plan, which will and should contribute to C. parryi var. characterized by having multiple, occur throughout the duration of the 10- fernandina numbers and recruitment at resilient populations distributed within year maintenance and monitoring the Santa Clarita population in the event the species’ ecological settings and period, directs enhancement efforts in that the additional conservation area across the species’ range. It can be the additional conservation areas to adjacent to the Potrero preserve measured by population number, focus on: (1) Reducing annual becomes invaded by Argentine ants and resiliency, special extent, and degree of nonnative/exotic plant species cover control measures are unsuccessful. connectivity. and competition to help facilitate C. The introduction sites outside of the Representation describes the ability of parryi var. fernandina establishment, Santa Clarita population include an a species to adapt to changing persistence, and recruitment; (2) additional conservation area of 357 ac environmental conditions overtime. It is increasing native species cover and (144 ha) located in the Simi Valley characterized by the breadth of genetic diversity in disturbed areas, particularly watershed on the southern boundary of and environmental diversity within and in areas surrounding introduction sites Newhall Land property in Ventura among populations. Measures may that function as a buffer; and (3) County (Area 5 in Figure 2, above); an include the number of varied niches providing regulation and protection of additional conservation area of occupied, the gene diversity, and the preserve boundaries from approximately 316 ac (128 ha) located heterozygosity of alleles per locus. unauthorized human activity and on Newhall Land property in the Castaic In our September 15, 2016, proposed intrusion. Mesa area in northern Los Angeles rule (81 FR 63454) to list Chorizanthe As of February 2016, Argentine ants County, near a known extirpated parryi var. fernandina as a threatened were present within two SCP preserves population location (Area 4 in Figure 2); species, we concluded that, overall, at the Santa Clarita population, Entrada and an additional conservation area redundancy and representation are and Potrero (Dudek, 2016, pp. 17, 20). located in a 7-ac (2.8-ha) portion of the currently reduced and resiliency is Therefore, the additional conservation Petersen Ranch Mitigation Bank likely to decrease in the future, bringing area adjacent to the existing Potrero adjacent to Elizabeth Lake, also near a into question whether C. parryi var. preserve is at risk of invasion by known extirpated population location fernandina can sustain itself in the face Argentine ants. The two additional (Area 6 in Figure 2). Argentine ants are of environmental fluctuations and conservation areas adjacent to the not considered to be a significant long- random, naturally occurring events. existing San Martinez Grande preserve term risk to C. parryi var. fernandina at Resiliency are farther from existing or proposed these introduction sites because they are development (see Figure 2, above). None all well separated from areas supporting In our proposed rule, we determined of the adjacent land uses near San potential source populations, such as that loss of habitat and individuals and Martinez Grande poses a heightened urban development areas. Supplemental the associated edge effects (i.e., threat of Argentine ant invasion (Dudek watering will be delivered through a proliferation of invasive, nonnative 2016, p. 6); therefore, these additional water truck rather than a permanent plants and Argentine ants) at the Santa conservation areas are not expected to point of connection to a live water line Clarita population are likely to decrease be at risk of invasion Argentine ants and to minimize the potential for the habitat quality, reducing resiliency at should contribute to C. parryi var. introduction of Argentine ants. The this population and increasing the fernandina numbers and recruitment at enhancement areas surrounding overall risk to the plant from random, the Santa Clarita population. Section 2.4 introduction sites are intended to help naturally occurring events. The portions of the introduction plan describes that minimize invasion of nonnative plant of the 2017 CCA that intend to establish annual Argentine ant monitoring will be species, which could threaten the additional C. parryi var. fernandina conducted as part of the ongoing habitat quality of the habitat for C. parryi var. occurrences at the Santa Clarita maintenance and appropriate control fernandina occupation. population (Areas 1–3 in Figure 2, measures consistent with the Argentine Redundancy above) include three additional Ant Control Plan for Newhall Ranch conservation areas totaling (Dudek 2014, entire) will be In our proposed rule, we determined approximately 825 ac (334 ha) that are implemented in the event that invasion that with only two extant populations, contiguous with or adjacent to the occurs. If Argentine ants invade, there may not be sufficient redundancy existing San Martinez Grande and Newhall Land proposes control methods to sustain C. parryi var. fernandina over Potrero preserves established under the as part of an integrated pest the long term, given current and future SCP. These areas are intended to expand management plan to remove Argentine stressors acting upon the populations. the area of protected conservation land ants and mitigate for the absence of The additional conservation areas for C. parryi var. fernandina and native pollinators within the preserves proposed in the introduction plan are increase the extent of protected (Dudek 2014c, pp. 25–42). Qualified intended to further increase the number occurrences within the Santa Clarita pest control professionals and and extent of C. parryi var. fernandina population to buffer it from detrimental conservation managers will review and within its historic range. The 2017 CCA effects of loss of habitat and individuals approve any control or mitigation plan. provides for Newhall Land to introduce and the associated edge effects. Overall, increasing the number and C. parryi var. fernandina within Given that invasion by invasive, health of the plants at the Santa Clarita portions of the additional conservation nonnative plants and Argentine ants population with introduction and areas with the goal of establishing at could occur, all additional conservation enhancement is expected to increase the least two new self-sustaining, persistent areas will be monitored and managed overall resiliency of the population to occurrences to at least double the for these stressors. The enhancement potential proliferation of invasive, redundancy of the spineflower. C. parryi areas surrounding introduction sites nonnative plants and the effects of var. fernandina introduction will occur will help minimize invasion of Argentine ant invasion. The two on a total of at least 10 ac (4 ha) within nonnative plant species, which could additional conservation areas adjacent the additional conservation areas: (1) threaten the quality of the habitat for C. to the San Martinez Grande preserve are Three additional conservation areas parryi var. fernandina occupation. The at low risk of invasion by invasive, totaling approximately 825 ac (334 ha)

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are contiguous with or adjacent to the fragmentation and associated edge (Factor E); wildfire (Factor E); and existing San Martinez Grande and effects (i.e., proliferation of Argentine potentially climate change (Factors A Potrero preserves established under the ants) at the Santa Clarita population, and E) acting on the small, isolated SCP (all of which would be considered reduced redundancy with only two populations (Factor E) of C. parryi var. part of the Santa Clarita population); (2) extant populations, and reduced fernandina. Our analysis of this an additional conservation area of 357 representation down to one ecoregion information indicates that these ac (144 ha) is located in the Simi Valley from five historically across the range of stressors are not of sufficient watershed on the southern boundary of C. parryi var. fernandina. The 2017 CCA imminence, intensity, or magnitude to Newhall Land property in Ventura and associated introduction plan have indicate that C. parryi var. fernandina is County; (3) an additional conservation identified the types of threats to the in danger of extinction or likely to area of approximately 316 ac (128 ha) is plant and include actions to address become an endangered species within located on Newhall Land property in these threats, including the the foreseeable future throughout all of the Castaic Mesa area in northern Los establishment of at least two new self- its range. Angeles County, near a known sustaining, persistent C. parryi var. Since the publication of the extirpated population location; and (4) fernandina occurrences, at least one of September 15, 2016, proposed rule, the an additional conservation area which will be in a different ecoregion 2017 CCA was developed and signed, containing introduction sites is located from the existing populations on a total and is being implemented; the 2017 in a 7-ac (2.8-ha) portion of the Petersen of at least 10 ac (4 ha) within the CCA provides for additional Ranch Mitigation Bank adjacent to additional conservation areas. populations and protected habitat for C. Elizabeth Lake, also near a known Permanent conservation instruments parryi var. fernandina. The additional extirpated population location. will be recorded over each of the conservation areas proposed in the C. Representation additional conservation areas to ensure parryi var. fernandina introduction plan that the habitat values are maintained are intended to further increase the In our proposed rule, we determined and that all initial habitat enhancement number and extent of the spineflower that the two C. parryi var. fernandina and introduction activities and within its historic range. The actions in populations represent only one level IV perpetual management and monitoring the 2017 CCA will result in at least two ecoregion (EPA 2016), down from five will be funded. new self-sustaining, persistent C. parryi historically, which theoretically may var. fernandina occurrences and will decrease the ability of the plant to adapt Determination of Species Status increase the number of ecoregions in to changing environmental conditions Section 4 of the Act (16 U.S.C. 1533) into the future. The goal of the 2017 which the plant is represented. This and its implementing regulations (50 effort is expected to double the number CCA is to establish at least two new self- CFR part 424) set forth the procedures sustaining, persistent C. parryi var. of extant C. parryi var. fernandina for determining whether a species meets occurrences. At the Santa Clarita fernandina occurrences, at least one of the definition of ‘‘endangered species’’ which will be in a different ecoregion population, the extent of protected or ‘‘threatened species.’’ The Act defines occurrences will be increased to buffer from the existing populations to an ‘‘endangered species’’ as a species increase the number of ecoregions in the population from edge effects, such that is ‘‘in danger of extinction as Argentine ant invasion. At both Santa which the species is represented (see throughout all or a significant portion of Figure 2, above). The two existing Clarita and the Laskey Mesa its range,’’ and a ‘‘threatened species’’ as populations, we anticipate that populations are located in the Venturan- a species that is ‘‘likely to become an Angeleno Coastal Hills ecoregion. The management actions will be undertaken endangered species within the to manage the proliferation of additional conservation area in the foreseeable future throughout all or a Castaic Mesa area in northern Los nonnative, invasive grasses. Increasing significant portion of its range.’’ The Act the overall redundancy of C. parryi var. Angeles County, near a known requires that we determine whether a extirpated population location, is within fernandina with additional populations species meets the definition of and distributing those populations the Southern California Lower Montane ‘‘endangered species’’ or ‘‘threatened Shrubland Woodland ecoregion. The across different ecoregions improves the species’’ because of any of the following ability of the plant to withstand small- additional conservation area located in factors: the Petersen Ranch Mitigation Bank scale stressors, as well as catastrophic (A) The present or threatened events. Increasing the number of adjacent to Elizabeth Lake near a known destruction, modification, or extirpated population location is within ecoregions in which the spineflower is curtailment of its habitat or range; represented is intended to improve the the Arid Montane Slopes ecoregion. (B) Overutilization for commercial, ability of the plant to adapt to changing Establishing at least two new self- recreational, scientific, or educational environmental conditions into the sustaining, persistent spineflower purposes; future. Thus, after assessing the best occurrences where at least one is in a (C) Disease or predation; different ecoregion from the existing (D) The inadequacy of existing available information, we conclude that populations should improve the ability regulatory mechanisms; or C. parryi var. fernandina is not in of the plant to adapt to changing (E) Other natural or manmade factors danger of extinction throughout all of its environmental conditions into the affecting its continued existence. range nor is it likely to become so in the future. foreseeable future. In conclusion, based on our high Determination of Status Throughout All Because we determined that C. parryi certainty that these efforts will be of Its Range var. fernandina is not in danger of implemented and be effective, we We have carefully assessed the best extinction or likely to become so in the conclude that the nature and extent of scientific and commercial information foreseeable future throughout all of its threats identified in our September 15, available regarding the past, present, range, we will consider whether there 2016, proposed rule (81 FR 63454) are and future threats to C. parryi var. are any significant portions of its range adequately addressed. The threats fernandina including development in which C. parryi var. fernandina is in identified in the proposed rule include (Factors A and E); nonnative, invasive danger of extinction or likely to become reduced resiliency due to habitat plants (Factors A and E), Argentine ants so in the foreseeable future.

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Determination of Status Throughout a endangered (or threatened) species and the same standards and methodology Significant Portion of Its Range no SPR analysis will be required. If the that we use to determine if a species is Under the Act and our implementing species is neither an endangered nor a an endangered or a threatened species regulations, a species may warrant threatened species throughout all of its throughout its range. listing if it is an endangered species or range, we determine whether the Depending on the biology of the a threatened species throughout all or a species is an endangered or a threatened species, its range, and the threats it significant portion of its range. The Act species throughout a significant portion faces, it may be more efficient to address defines ‘‘endangered species’’ as any of its range. If it is, we list the species the ‘‘significant’’ question first, or the species that is ‘‘in danger of extinction as an endangered or a threatened status question first. Thus, if we throughout all or a significant portion of species, respectively; if it is not, we determine that a portion of the range is not ‘‘significant,’’ we do not need to its range,’’ and ‘‘threatened species’’ as conclude that listing the species is not determine whether the species is an any species that is ‘‘likely to become an warranted. When we conduct an SPR analysis, endangered or a threatened species endangered species within the we first identify any portions of the there; if we determine that the species foreseeable future throughout all or a species’ range that warrant further is not an endangered or a threatened significant portion of its range.’’ The consideration. The range of a species species in a portion of its range, we do term ‘‘species’’ includes ‘‘any can theoretically be divided into not need to determine if that portion is subspecies of fish or wildlife or plants, portions in an infinite number of ways. ‘‘significant.’’ and any distinct population segment However, there is no purpose to Applying the process described above [DPS] of any species of vertebrate fish or analyzing portions of the range that are to identify whether any portions wildlife which interbreeds when not reasonably likely to be significant warrant further consideration, we mature.’’ We published a final policy and either an endangered or a determine whether there are any interpreting the phrase ‘‘significant threatened species. To identify only particular portions where (1) the portion of its range’’ (SPR) (79 FR those portions that warrant further portions may be significant and (2) the 37578, July 1, 2014). The final policy consideration, we determine whether species may be in danger of extinction states that (1) if a species is found to be there is substantial information or likely to become so within the an endangered or a threatened species indicating that (1) the portions may be foreseeable future. To identify portions throughout a significant portion of its significant and (2) the species may be in that may be significant, we consider range, the entire species is listed as an danger of extinction in those portions or whether any natural divisions within endangered or a threatened species, likely to become so within the the range might be of biological or respectively, and the Act’s protections foreseeable future. We emphasize that conservation importance. To identify apply to all individuals of the species answering these questions in the portions where the species may be in wherever found; (2) a portion of the affirmative is not a determination that danger of extinction or likely to become range of a species is ‘‘significant’’ if the the species is an endangered or a so in the foreseeable future, we consider species is not currently an endangered threatened species throughout a whether the threats are geographically species or a threatened species significant portion of its range—rather; concentrated in any portion of the throughout all of its range, but the it is a step in determining whether a species’ range. portion’s contribution to the viability of more detailed analysis of the issue is We evaluated the range of the species is so important that, without required. In practice, a key part of this Chorizanthe parryi var. fernandina to the members in that portion, the species analysis is whether the threats are determine if any area may be a would be in danger of extinction, or geographically concentrated in some significant portion of the range. We likely to become so in the foreseeable way. If the threats to the species are determine whether a portion is future, throughout all of its range; (3) affecting it uniformly throughout its significant by considering the the range of a species is considered to range, no portion is likely to warrant importance of the members in that be the general geographical area within further consideration. Moreover, if any portion to the conservation of the which that species can be found at the concentration of threats apply only to species. To be significant, a portion time the Service makes any particular portions of the range that clearly do not must be of such importance to the status determination; and (4) if a meet the biologically based definition of species that the hypothetical loss of the vertebrate species is an endangered ‘‘significant’’ (i.e., the loss of that members in that portion would cause species or a threatened species portion clearly would not be expected to the entire species to be in danger of throughout an SPR, and the population increase the vulnerability to extinction extinction or likely to become so in the in that significant portion is a valid of the entire species); those portions foreseeable future throughout the DPS, we will list the DPS rather than the will not warrant further consideration. remainder of its range. In this entire taxonomic species or subspecies. If we identify any portions that may determination, we are not forecasting The SPR policy is applied to all status be both (1) significant and (2) the outcome of our evaluation of the determinations, including analyses for endangered or threatened, we engage in portion’s status; rather, we are only the purposes of making listing, a more detailed analysis to determine hypothesizing what the status of the delisting, and reclassification whether these standards are indeed met. species would be if the members of the determinations. The procedure for The identification of an SPR does not species in that portion were to be analyzing whether any portion is an create a presumption, prejudgment, or extirpated. SPR is similar, regardless of the type of other determination as to whether the Because there are only two extant status determination we are making. species in that identified SPR is an Chorizanthe parryi var. fernandina The first step in our analysis of the endangered or a threatened species. We populations (Santa Clarita population status of a species is to determine its must go through a separate analysis to and Laskey Mesa population) 17 mi (27 status throughout all of its range. If we determine whether the species is an km) apart, we determined that either the determine that the species is in danger endangered or a threatened species in Santa Clarita population portion or the of extinction, or likely to become so in the SPR. To determine whether a Laskey Mesa population portion of the the foreseeable future, throughout all of species is an endangered or a threatened range may be considered significant. At its range, we list the species as an species throughout an SPR, we will use the same time, we also examined

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whether either portion, the Santa Clarita future C. parryi var. fernandina fernandina does not meet the definition population or the Laskey Mesa population will be one of only two of an endangered species or threatened population, might be endangered or small, isolated populations (Factor E). species. As a consequence of this threatened as a result of a geographic For the Santa Clarita population, determination, we are withdrawing our concentration of threats. We determine increasing the extent of protected C. proposed rule to list C. parryi var. the status of the species in a portion of parryi var. fernandina occurrences fernandina as a threatened species. its range the same way we determine the within that population will help buffer status of a species throughout all of its it from detrimental effects of loss of References Cited range. We consider whether threats are habitat and individuals and the A complete list of references cited in reasonably likely to affect the species in associated edge effects, such as invasion this document is available on http:// that portion to such an extent that the of nonnative plants (Factors A and E) www.regulations.gov under Docket No. species is in danger of extinction or and Argentine ants (Factor E), such that FWS–R8–ES–2016–0078 and upon likely to become so in the foreseeable these stressors are not having significant request from the Ventura Fish and future in that portion. impacts in this portion of the range Wildlife Office (see FOR FURTHER When we issued our September 15, currently or into the future. For the INFORMATION CONTACT). 2016, proposed rule (81 FR 63454), we Laskey Mesa population, with Authors determined that the Laskey Mesa additional funding and management population was currently affected by forthcoming and no future land use The primary authors of this document nonnative, invasive grasses; effects of changes anticipated, we conclude that are the staff members of the Ventura small, isolated populations; and stressors affecting this population, such Fish and Wildlife Office. potentially climate change. We also as invasion of nonnative plants (Factors Authority determined at the time we issued that A and E), are not having significant proposed rule that the Santa Clarita impacts in this portion of the range. The authority for this action is the population was affected by nonnative, We have identified portions (both Endangered Species Act of 1973, as invasive grasses; Argentine ants; effects Santa Clarita and Laskey Mesa) of C. amended (16 U.S.C. 1531 et seq.). of small, isolated populations; and parryi var. fernandina’s range that may Dated: January 26, 2018 potentially climate change. The Santa be significant. We also identified a James W. Kurth, Clarita population would also be portion (Santa Clarita population) where Deputy Director, U.S. Fish and Wildlife affected in the future by the proposed the species may be in danger of Service, Exercising the Authority of the Newhall Ranch development project, extinction or likely to become so in the Director, U.S. Fish and Wildlife Service. which would result in removal of 24 foreseeable future, as a result of a greater [FR Doc. 2018–05081 Filed 3–14–18; 8:45 am] percent of the C. parryi var. fernandina concentration of threats. However, the population at this site. Therefore, the best information available does not BILLING CODE 4333–15–P Santa Clarita population portion of the support a conclusion that the species C. parryi var. fernandina’s range would may be in danger of extinction or likely be affected by a greater concentration of to become so in the foreseeable future in DEPARTMENT OF COMMERCE stressors than the Laskey Mesa the Santa Clarita portion of the range National Oceanic and Atmospheric population portion. At the time of the given the conservation efforts in the Administration proposed listing, this greater 2017 CCA. Also, while the Laskey Mesa portion of the range may be significant, concentration of the stressors at the 50 CFR Part 648 Santa Clarita population was considered there is no concentration of threats in to be significant, so this population may that portion that would lead us to [Docket No.: 180202111–8111–01] have met the definition of threatened or conclude that the species may be in RIN 0648–BH56 endangered in that portion of the range. danger of extinction or likely to become However, in considering whether the so in the foreseeable future. Therefore, Fisheries of the Northeastern United geographic concentration of threats in neither portion of C. parryi var. States; Framework Adjustment 29 to the Santa Clarita portion of the range are fernandina’s range warrants a detailed the Atlantic Sea Scallop Fishery such that the species may be threatened SPR analysis. Management Plan or endangered there, we now consider how the implementation of the 2017 Determination of Status AGENCY: National Marine Fisheries CCA have and will continue to We have carefully assessed the best Service (NMFS), National Oceanic and ameliorate these threats. With the scientific and commercial data available Atmospheric Administration (NOAA), implementation of the 2017 CCA, as regarding the past, present, and future Commerce. discussed above, we have determined threats to Chorizanthe parryi var. ACTION: Proposed rule; request for that the Santa Clarita portion of C. fernandina. We have determined that comments. parryi var. fernandina’s range currently the conservation efforts have sufficient does not meet the definition of a certainty of implementation and SUMMARY: NMFS proposes to approve threatened or endangered species. effectiveness such that they can be and implement the measures the portion As summarized under Ongoing and relied upon in this final listing of Framework Adjustment 29 Future Conservation Efforts and determination. Further, we conclude (Framework 29) to the Atlantic Sea Summary of PECE Analysis above, we that conservation efforts have reduced Scallop Fishery Management Plan that have a high degree of certainty that the or eliminated current and future threats establishes scallop specifications and 2017 CCA will continue to be to C. parryi var. fernandina to the point other measures for fishing years 2018 implemented and will be effective. The that it is not in danger of extinction now and 2019. The measures discussed in CCA provides for Newhall Land to throughout all or significant portions of this proposed rule are in addition to the voluntarily implement conservation its range, nor is it likely to become so Northern Gulf of Maine (NGOM) measures with the goal of establishing within the foreseeable future throughout management measures of Framework 29 new, protected spineflower occurrences all or any significant portion of its that were published in a separate within its historical range, such that no range; therefore, C. parryi var. proposed rule on February 20, 2018.

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This action is necessary to prevent Instructions: Comments sent by any This action addresses only the overfishing and improve both yield-per- other method, to any other address or remaining portions of Framework 29. recruit and the overall management of individual, or received after the end of This action proposes to approve and the Atlantic sea scallop resource. The the comment period, may not be implement the portion of Framework 29 intended effect of this rule is to notify considered by NMFS. All comments that establishes scallop specifications the public of these proposed measures received are a part of the public record and other measures for fishing year and to solicit comment on the potential and will generally be posted for public 2018. This includes default fishing year scallop fishery management changes. viewing on www.regulations.gov 2019 measures that would go into place should the next specifications-setting DATES: Comments must be received by without change. All personal identifying action be delayed beyond the start of March 30, 2018. information (e.g., name, address, etc.), confidential business information, or fishing year 2019. ADDRESSES: The New England Fishery otherwise sensitive information NMFS will implement these measures Management Council (Council) has submitted voluntarily by the sender will of Framework 29, if approved, as close prepared a draft environmental be publicly accessible. NMFS will as possible to the April 1, 2018, start of assessment (EA) for this action that accept anonymous comments (enter fishing year 2018. If NMFS implements describes the proposed measures in ‘‘N/A’’ in the required fields if you wish these Framework 29 measures after the Framework 29, other considered to remain anonymous). start of the 2018 fishing year, 2018 alternatives, and analyzes the impacts of default allocation measures will go into FOR FURTHER INFORMATION CONTACT: the proposed measures and alternatives, place on April 1, 2018. The Council has Travis Ford, Fishery Policy Analyst, including NGOM management measures reviewed the proposed regulations in 978–281–9233. of Framework 29 that were published as this rule as drafted by NMFS and a proposed rule on February 20, 2018 SUPPLEMENTARY INFORMATION: deemed them to be necessary and (83 FR 7129). The Council submitted a Background appropriate as specified in section decision draft of Framework 29 to 303(c) of the Magnuson-Stevens Fishery The scallop fishery’s management NMFS that includes the draft EA, a Conservation and Management Act unit ranges from the shorelines of Maine description of the Council’s preferred (Magnuson-Stevens Act). through North Carolina to the outer alternatives, the Council’s rationale for boundary of the Exclusive Economic Specification of Scallop Overfishing selecting each alternative, and an Initial Zone. The Atlantic Sea Scallop Fishery Limit (OFL), Acceptable Biological Regulatory Flexibility Analysis (IRFA). Management Plan (FMP), established in Catch (ABC), Annual Catch Limits Copies of the draft of Framework 29, the 1982, includes a number of amendments (ACLs), Annual Catch Targets (ACTs), draft EA, the IRFA, and information on and framework adjustments that have Annual Projected Landings (APLs) and the economic impacts of this proposed revised and refined the fishery’s Set-Asides for the 2018 Fishing Year, rulemaking are available upon request management. The New England Fishery and Default Specifications for Fishing from Thomas A. Nies, Executive Management Council sets scallop Year 2019 Director, New England Fishery fishery catch limits and other Management Council, 50 Water Street, The Council set the proposed OFL management measures through Newburyport, MA 01950 and accessible based on a fishing mortality rate (F) of specification or framework adjustments via the internet in documents available 0.48, equivalent to the overfishing F that occur annually or biennially. The at: https://www.nefmc.org/library/ threshold updated through the 2014 Council adopted Framework 29 to the framework-29-1. assessment. The Council’s Scientific Atlantic Sea Scallop FMP in its entirety and Statistical Committee recommended With regard to new access areas that on December 7, 2017. The Council a scallop fishery ABC for 2018 of 132 will become available to scallop fishing submitted a decision draft of the million lb (59,968 mt) and 128 million through the Omnibus Essential Fish framework, including a draft EA, for lb (58,126 mt) for 2019, after accounting Habitat Amendment 2 (see proposed NMFS review and approval on for discards and incidental mortality. rule for the Omnibus Habitat December 21, 2017. Framework 29, The Council reduced these Amendment published on November 6, which establishes scallop specifications recommended ABCs to the amounts 2017 (82 FR 51492)), additional and other measures for fishing years included in this proposed rule: 45,950 documents are available via the internet 2018 and 2019, includes changes to the mt for the 2018 fishing year, and 45,805 at: http://www.nefmc.org/library/ NGOM management provisions for mt for the 2019 fishing year. For each omnibus-habitat-amendment-2. fishing years 2018 and 2019, changes to fishing year the ACL is based on the You may submit comments on this the catch, effort, and quota allocations proposed ABC using an F of 0.38, which document, identified by NOAA–NMFS– and adjustments to the rotational area is the F associated with a 25-percent 2018–0016, by either of the following management program for fishing year probability of exceeding the OFL. The methods: 2018, and default specifications for Scientific and Statistical Committee will • Electronic Submission: Submit all fishing year 2019. reevaluate the default ABC for 2019 electronic public comments via the On February 20, 2018, NMFS when the Council develops the next Federal e-Rulemaking Portal. Go to published a separate proposed rule to framework adjustment in 2018. www.regulations.gov/ approve and implement the portion of Table 1 outlines the proposed scallop #!docketDetail;D=NOAA-NMFS-2018- Framework 29 that address the NGOM fishery catch limits. After deducting the 0016, click the ‘‘Comment Now!’’ icon, measures (83 FR 7129). We informed the incidental target total allowable catch complete the required fields, and enter Council at the December meeting that (TAC), the research set-aside (RSA), and or attach your comments. we would consider separating out the the observer set-aside, the remaining • Mail: Regional Administrator, NGOM measures in Framework 29 to ACL available to the fishery is allocated NMFS, Greater Atlantic Regional ensure that they were in place prior to according to the following fleet Fisheries Office, 55 Great Republic April 1, 2018. Additional information proportions established in Amendment Drive, Gloucester, MA 01930. Mark the on the proposed NGOM measures is 11 to the FMP (72 FR 20090; April 14, outside of the envelope, ‘‘Comments on provided in the February 20, 2018, 2008): 94.5 percent is allocated to the Framework 29’’ proposed rule and is not repeated here. limited access scallop fleet (i.e., the

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larger ‘‘trip boat’’ fleet); 5 percent is permits. Amendment 15 to the FMP (76 uncertainty buffer is based on the F allocated to the limited access general FR 43746; July 21, 2011) specified that associated with a 75-percent probability category (LAGC) individual fishing no buffers to account for management of remaining below the F associated quota (IFQ) fleet (i.e., the smaller ‘‘day uncertainty are necessary in setting the with ABC/ACL, which, using the boat’’ fleet); and the remaining 0.5 LAGC ACLs, meaning that the LAGC updated Fs applied to the ABC/ACL, percent is allocated to limited access ACL would equal the LAGC ACT. For now results in an F of 0.34. scallop vessels that also have LAGC IFQ the limited access fleet, the management

TABLE 1—SCALLOP CATCH LIMITS (mt) FOR FISHING YEARS 2018 AND 2019 FOR THE LIMITED ACCESS AND LAGC IFQ FLEETS

2018 2019 Catch limits (mt) (mt) *

Overfishing Limit ...... 72,055 69,633 Acceptable Biological Catch/ACL (discards removed) ...... 45,950 45,805 Incidental Catch ...... 23 23 RSA ...... 567 567 Observer Set-Aside ...... 460 458 ACL for fishery ...... 44,900 44,757 Limited Access ACL ...... 42,431 42,295 LAGC Total ACL ...... 2,470 2,462 LAGC IFQ ACL (5 percent of ACL) ...... 2,245 2,238 Limited Access with LAGC IFQ ACL (0.5 percent of ACL) ...... 225 224 Limited Access ACT ...... 37,964 37,843 Closed Area 1 Carryover ...... 743 n/a APL ...... 25,451 (*) Limited Access Projected Landings (94.5 percent of APL) ...... 24,051 (*) Total IFQ Annual Allocation (5.5 percent of APL) ...... 1,400 **1,050 LAGC IFQ Annual Allocation (5 percent of APL) ...... 1,273 **955 Limited Access with LAGC IFQ Annual Allocation (0.5 percent of APL) ...... 127 **95 *The catch limits for the 2019 fishing year are subject to change through a future specifications action or framework adjustment. This includes the setting of an APL for 2019 that will be based on the 2018 annual scallop surveys. **As a precautionary measure, the 2019 IFQ annual allocations are set at 75 percent of the 2018 IFQ Annual Allocations.

This action would deduct 1.25 access fleet in 2017 (30.55 DAS for full- vessels will receive 1.91 DAS. The million lb (567 mt) of scallops annually time, 12.22 DAS for part-time, and 2.44 allocations would later be increased in for 2018 and 2019 from the ABC for use DAS for occasional vessels). Framework accordance with Framework 29, if as the Scallop RSA to fund scallop 29 would set 2019 DAS allocations at 75 approved. NMFS will send a letter to all research. Participating vessels are percent of fishing year 2018 DAS limited access permit holders providing compensated through the sale of allocations as a precautionary measure. both default and Framework 29 DAS scallops harvested under RSA projects. This is to avoid over-allocating DAS to allocations so that vessel owners know Of the 1.25 million lb (567 mt) the fleet in the event that the 2019 what mid-year adjustments would occur allocation, NMFS has already allocated specifications action is delayed past the should Framework 29 be approved and 133,037 lb (60.3 mt) to previously- start of the 2019 fishing year. The implemented after April 1, 2018. funded multi-year projects as part of the proposed allocations in Table 2 exclude Limited Access Allocations and Trip 2017 RSA awards process. NMFS is any DAS deductions that are required if Possession Limits for Scallop Access reviewing proposals submitted for the limited access scallop fleet exceeded Areas consideration of 2018 RSA awards and its 2017 sub-ACL. will be selecting projects for funding in For fishing year 2018 and the start of the near future. TABLE 2—SCALLOP OPEN AREA DAS 2019, Framework 29 would keep the This action would also deduct 1 ALLOCATIONS FOR 2018 AND 2019 Mid-Atlantic Access Area (MAAA) open percent of the ABC for the industry- as an access area and would include funded observer program to help defray what is now the Elephant Trunk Flex Permit category 2018 2019 the cost to scallop vessels that carry an (Default) Rotational Area as part of the MAAA. In observer. The observer set-aside is 460 addition, this action would close the mt for 2018 and 458 mt for 2019. The Full-Time ...... 24.00 18.00 northern portion of Nantucket Lightship Council may adjust the 2019 observer Part-Time ...... 9.60 7.20 (NLS–N), but it would allocate trips into Occasional ...... 2.00 1.5 set-aside when it develops specific, non- the southern portion of Nantucket default measures for 2019. Lightship in an area referred to as If NMFS implements these Nantucket Lightship-South (NLS–S). Open Area Days-at-Sea (DAS) Framework 29 measures after April 1, Further, this action would allocate effort Allocations 2018, fishing year 2018 default DAS into new access areas (Closed Area 1 This action would implement vessel- allocations, which were established in (CA1) and Nantucket Lightship-West specific DAS allocations for each of the Framework Adjustment 28 to the (NLS–W)) that will become available to three limited access scallop DAS permit Scallop FMP (82 FR 15155; March 27, scallop fishing through the Omnibus categories (i.e., full-time, part-time, and 2017), will go into place on April 1, Essential Fish Habitat Amendment 2 occasional) for 2018 and 2019 (Table 2). 2018. Full-time vessels will receive (Omnibus Habitat Amendment). We Proposed 2018 DAS allocations are 21.75 DAS, Part-time vessels will published a proposed rule for the lower than those allocated to the limited receive 8.69 DAS, and Occasional Omnibus Habitat Amendment on

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November 6, 2017 (82 FR 51492). On implementing the Omnibus Habitat access areas, which could be taken in as January 3, 2018, NMFS approved the Amendment on or about the same time many trips as needed, so long as the Omnibus Habitat Amendment, which as the final rule implementing these vessels do not exceed the possession would open areas that are now non-NGOM portions of Framework 29. limit (also in Table 3) on each trip. contained in CA1 and NLS–W. We Table 3 provides the proposed limited intend to publish the final rule access full-time allocations for all of the

TABLE 3—PROPOSED SCALLOP ACCESS AREA FULL-TIME LIMITED ACCESS VESSEL POUNDAGE ALLOCATIONS AND TRIP POSSESSION LIMITS FOR 2018 AND 2019

2019 Scallop allocation Rotational access area Scallop possession limit 2018 Scallop allocation (default)

Closed Area 1 ...... 18,000 lb (8,165 kg) per trip ...... 18,000 lb (8,165 kg) ...... 0 lb (0 kg). Nantucket Lightship-South ...... 18,000 lb (8,165 kg) ...... 0 lb (0 kg). Nantucket Lightship-West ...... 36,000 lb (16,329 kg) ...... 0 lb (0 kg). Mid-Atlantic ...... 36,000 lb (16,329 kg) ...... 18,000 lb (8,165 kg).

Total ...... 108,000 lb (48,988 kg) ...... 18,000 lb (8,165 kg).

Table 4 provides the proposed limited in as many trips as needed, so long as There is no part-time allocation in NLS– access part-time allocations for three of the vessels do not exceed the possession S. the access areas, which could be taken limit (also in Table 4) on each trip.

TABLE 4—PROPOSED SCALLOP ACCESS AREA PART-TIME LIMITED ACCESS VESSEL POUNDAGE ALLOCATIONS AND TRIP POSSESSION LIMITS FOR 2018 AND 2019

2019 Scallop allocation Rotational access area Scallop possession limit 2018 Scallop allocation (default)

Closed Area 1 ...... 14,400 lb (6,532 kg) per trip ...... 14,400 lb (6,532 kg) ...... 0 lb (0 kg). Nantucket Lightship-West ...... 14,400 lb (6,532 kg) ...... 0 lb (0 kg). Mid-Atlantic ...... 14,400 lb (6,532 kg) ...... 14,400 lb (6,532 kg).

Total ...... 43,200 lb (19,595 kg) ...... 14,400 lb (6,532 kg).

For the 2018 fishing year, an may not exchange allocations with a made available in addition to fishing occasional limited access vessel would part-time vessel, and vice versa. year 2018 allocations to that access area. be allocated 9,000 lb (4,082 kg) of Limited Access Unharvested Closed For example, if a full-time limited scallops with a trip possession limit at Area I Allocation From Fishing Years access vessel has 2,000 lb (907 kg) of 9,000 lb of scallops per trip (4,082 kg 2012 and 2013 unharvested 2012/2013 CA1 allocation, per trip). Occasional vessels would be and the CA1 trip limit is 18,000 lbs able to harvest 9,000 lb (4,082 kg) Towards the end of fishing year 2012 (8,165 kg), the vessel would be able to allocation from only one of three and into fishing year 2013 catch rates in land a total of 20,000 lb (9,072 kg) from available access areas (CA1, NLS–W, or CA1 began to drop below profitable CA1 in fishing year 2018. Unharvested MAAA). There is no occasional vessel levels for limited access vessels. As a 2012/2013 CA1 allocation may only be allocation in NLS–S. For the 2019 result, many vessels were unable to harvested from CA1. There would be no fishing year, occasional limited access harvest the pounds associated with their change to specified trip limits through CA1 trips in these two fishing years. vessels would be allocated 9,000 lb Framework 29, i.e., vessels must still Because these trips were not allocated (4,082 kg) in the MAAA only with a trip abide by the 18,000-lb (8,165-kg) trip evenly throughout the fleet, Framework possession limit of 9,000 lb per trip limit. Once allocated for the 2018 Adjustment 25 to the Scallop FMP (79 (4,082 kg per trip). fishing year, these allocations would not FR 34251; June 16, 2014) allowed be eligible to carry over into future years Limited Access Vessels’ One-for-One unharvested pounds associated with (i.e., available only for fishing year Area Access Allocation Exchanges fishing years 2012 and 2013 CA1 trips to be harvested by those vessels in CA1 2018, plus the first 60 days of fishing The owner of a vessel issued a limited when it reopens in the future. Because year 2019). This additional harvest in access scallop permit may exchange Framework 29 would be the first action CA1 would not be included in the unharvested scallop pounds allocated since 2013 to open CA1 to scallop fishing year 2018 APL established in into one access area for another vessel’s fishing, it would reinstate this Framework 29, because this catch is unharvested scallop pounds allocated unharvested allocation to the limited specific to those vessels that have into another access area. These access fleet in fishing year 2018. unharvested 2012/2013 CA1 allocation exchanges may only be made for the 1,638,604 lb (743,258 kg) of CA1 and is not applicable to the entire fleet. amount of the current trip possession allocation went unharvested from However, the additional scallops limit (18,000-lb (8,165-kg)). In addition, fishing years 2012 and 2013, distributed harvested from CA1 would not cause these exchanges would be made only across 130 permit holders. All amounts the limited access fleet to exceed its between vessels in the same permit of outstanding limited access ACT, because the APL is far below the category. For example, a full-time vessel unharvested CA1 allocation would be ACT.

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Nantucket Lightship Hatchet Scallop vessels with IFQ permits, this action 2019 measures. At the start of 2019, Rotational Area would implement a 225-mt ACL for RSA compensation could only be The Omnibus Habitat Amendment 2018 and a default 224-mt ACL for 2019 harvested from open areas. The Council will make available several areas that (see Table 1). These sub-ACLs have no would re-evaluate this measure in the were previously closed to the scallop associated regulatory or management action that would set final 2019 fishery. However, these areas remain requirements, but provide a ceiling on specifications. closed to scallop fishing until they are overall landings by this fleet. If the fleet were to reach this ceiling any overages Adjustments to Flatfish Accountability opened by a scallop action. The bulk of Measures these areas are encompassed in the would be deducted from the following NLW–W and CA1 Rotational Areas, year’s sub-ACL. The annual allocation This action would adjust the scallop which Framework 29 intends to open to to limited access vessels with IFQ fleet’s accountability measures for two scallop fishing. Framework 29 does not permits for fishing years would be 127 different flatfish stocks (Southern New propose to open the area west and north mt for 2018 and 95 mt for 2019 (see England/Mid-Atlantic (SNE/MA) of NLS–W (Table 5). We are calling this Table 1). Each vessel’s IFQ would be yellowtail flounder and Georges Bank area the Nantucket Lightship Hatchet calculated from these allocations based yellowtail flounder) and develop an Scallop Rotational Area, and it would on APL. accountability measure for northern remain closed to help minimize 3. LAGC IFQ Trip Allocations for windowpane flounder. The Council flounder bycatch due to uncertainty Scallop Access Areas. Framework 29 wanted to make the flatfish about catch rates in the area. would allocate LAGC IFQ vessels a accountability measures more consistent fleetwide number of trips in the CA1, throughout the Scallop FMP. In TABLE 5—NANTUCKET LIGHTSHIP NLS–S, NLS–W, and MAAA for fishing addition, it had a preference for gear year 2018 trips and default fishing year HATCHET SCALLOP ROTATIONAL AREA restricted areas as opposed to closed 2019 trips in the MAAA (see Table 6). areas, similar to the existing southern Point Latitude Longitude The total number of trips for all areas windowpane flounder accountability combined (3,426) for fishing year 2018 measure already in place. This action NLSH1 ...... 40°50′ N 69°30′ W is equivalent to the 5.5 percent of total ° ′ ° ′ would change the existing Georges Bank NLSH2 ...... 40 43.44 N 69 30 W catch from access areas. yellowtail flounder and the SNE/MA NLSH3 ...... 40°43.44′ N 70° W yellowtail flounder accountability NLSH4 ...... 40°20′ N 70° W TABLE 6—FISHING YEARS 2018 AND NLSH5 ...... 40°20′ N 70°20′ W measures from closed areas to gear 2019 LAGC IFQ TRIP ALLOCATIONS NLSH6 ...... 40°50′ N 70°20′ W restricted areas, and it would develop a NLSH7 ...... 40°50′ N 69°30′ W FOR SCALLOP ACCESS AREAS gear restricted area accountability measure for northern windowpane 2019 LAGC Measures Access area 2018 (default) flounder. 1. ACL and IFQ Allocation for LAGC For SNE/MA yellowtail flounder this Vessels with IFQ Permits. For LAGC CA1 ...... 571 ...... action would adopt the same gear vessels with IFQ permits, this action NLS–S ...... 571 ...... restricted area that is already in place NLS–W ...... 1,142 ...... for southern windowpane flounder, i.e., would implement a 2,245-mt ACL for MAAA ...... 1,142 571 2018 and a default ACL of 2,238 mt for the area west of 71° W. Long. 2019 (see Table 1). These sub-ACLs Total ...... 3,426 571 For Georges Bank yellowtail flounder have no associated regulatory or and northern windowpane flounder this management requirements, but provide 4. Scallop Incidental Catch Target action would create the Georges Bank a ceiling on overall landings by the TAC. This action proposes a 50,000-lb Accountability Measure Area (Table 7). LAGC IFQ fleets. If the fleet were to (22,680-kg) scallop incidental catch reach this ceiling any overages would be target TAC for fishing years 2018 and TABLE 7—GEORGES BANK deducted from the following year’s sub- 2019 to account for mortality from ACCOUNTABILITY MEASURE AREA ACL. The annual allocation to the LAGC vessels that catch scallops while fishing IFQ-only fleet for fishing years 2018 and for other species, and to ensure that F Point Latitude Longitude Note 2019 based on APL would be 1,273 mt targets are not exceeded. The Council for 2018 and 955 mt for 2019 (see Table and NMFS may adjust this target TAC GBAM1 ... 41°30′ N 67°20′ W ...... ° ′ 1 2 1). Each vessel’s IFQ would be in a future action if vessels catch more GBAM2 ... 41 30 N ( ) ( ) ° ′ 3 2 calculated from these allocations based GBAM3 ... 40 30 N ( ) ( ) scallops under the incidental target TAC GBAM4 ... 40°30′ N 67°20′ W ...... on APL. than predicted. GBAM1 ... 41°30′ N 67°20′ W ...... If NMFS implements these Framework 29 measures after April 1, RSA Harvest Restrictions 1 The intersection of 41°30′ N lat. and the 2018, the default 2018 IFQ allocations This action proposes that vessels U.S.-Canada Maritime Boundary, approxi- mately 41°30′ N lat., 66°34.73′ W long. would go into place automatically on participating in RSA projects would be 2 From Point GBAM2 connected to Point April 1, 2018. Because this action would able to harvest RSA compensation from GBAM3 along the U.S.-Canada Maritime implement IFQ allocations greater than all available access areas and the open Boundary. the default allocations, NMFS will send area. Vessels would be prohibited from 3 The intersection of 40°30′ N lat. and the U.S.-Canada Maritime Boundary, approxi- a letter to IFQ permit holders providing fishing for RSA compensation in the mately, 65°44.34′ W long. both default April 1, 2018, IFQ NGOM unless the vessel is fishing an allocations and Framework 29 IFQ RSA compensation trip using NGOM When the fleet is subject to any of the allocations so that vessel owners know RSA allocation that was awarded to an flatfish accountability measures in a what mid-year adjustments would occur RSA project, as proposed in the separate gear restricted area vessels would be should Framework 29 be approved. rule for the NGOM portions of required to fish with scallop dredge gear 2. ACL and IFQ Allocation for Limited Framework 29. In addition, Framework that conforms to the restrictions already Access Scallop Vessels with IFQ 29 would prohibit the harvest of RSA in place for the southern windowpane Permits. For limited access scallop from any access areas under default flounder accountability measure:

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(1) No more than 5 rows of rings in TABLE 10—GEORGES BANK This proposed rule has been the apron of the dredge; YELLOWTAIL FLOUNDER determined to be not significant for (2) A maximum hanging ratio of 1.5 purposes of Executive Order 12866. ACCOUNTABILITY MEASURE DURATION An IRFA has been prepared for meshes per 1 ring overall; and Framework 29, as required by section (3) A prohibition on the use of trawl Percent overage Duration of gear of sub-ACL restriction 603 of the Regulatory Flexibility Act gear. (RFA). The IRFA describes the For Georges Bank yellowtail flounder 20 or less ...... April. economic impact this proposed rule, if this action would change the existing Greater than 20 .... April through May. adopted, would have on small entities, accountability measure to a requirement and also addresses the measures to use the accountability measure gear Regulatory Corrections Under Regional included in the separate proposed rule in the Georges Bank Gear Restricted Administrator Authority for the NGOM measures in Framework Area. The requirement to use this AM 29. The IRFA consists of Framework 29 gear in the gear restricted area would This proposed rule includes three analyses, the draft IRFA, and the revisions to address regulatory text that preamble to this proposed rule. remain in effect for the period of time is unnecessary, outdated, or unclear. based on the corresponding percent Description of the Reasons Why Action These revisions are consistent with overage of the Georges Bank yellowtail by the Agency Is Being Considered and section 305(d) of the Magnuson-Stevens Statement of the Objectives of, and flounder sub-ACL, as follows: Act, which provides authority to the Legal Basis for, This Proposed Rule Secretary of Commerce to promulgate TABLE 8—GEORGES BANK regulations necessary to ensure that This action proposes the management YELLOWTAIL FLOUNDER amendments to an FMP are carried out measures and specifications for the ACCOUNTABILITY MEASURE DURATION in accordance with the FMP and the Atlantic sea scallop fishery for 2018, Magnuson-Stevens Act. The first with 2019 default measures, with the Percent overage Duration of gear revision, at § 648.10(f)(4), would clarify exception of specifications and of sub-ACL restriction that scallop vessels no longer need to management measures applicable to the send in daily catch reports through their NGOM, which are addressed separately 20 or less ...... November 15 through vessel monitoring system for trips less in the NGOM portion of Framework 29. December 31. than 24 hours because these reports are A description of the action, why it is Greater than 20 .... April through March no longer useful for monitoring being considered, and the legal basis for (year round). purposes. The second revision, at this action are contained in the § 648.11(g)(2)(ii), would remove the Council’s Framework 29 document and For northern windowpane flounder limitation that a LAGC IFQ could be the preamble of this proposed rule, and this action would create an selected for observer coverage no more are not repeated here. accountability measure that requires the than twice in a given week. This Description of Projected Reporting, use of the accountability measure gear revision is necessary because, due to an Recordkeeping, and Other Compliance in the Georges Bank Gear Restricted update to our pre-trip notification Requirements of the Proposed Rule Area. The requirement to use this AM system, we will no longer be able to gear in the gear restricted area would accommodate the limit of two trips per This action contains no new collection-of-information, reporting, or remain in effect for the period of time week. Because of the change, vessels recordkeeping requirements. based on the corresponding percent may be selected more than twice in overage of the northern windowpane given week, but we expect that this Federal Rules Which May Duplicate, flounder sub-ACL, as follows: would be a very rare occurrence. The Overlap or Conflict With This Proposed final revision, at § 648.14 (i)(4)(ii)(A) Rule and (B), is a correction to the regulations TABLE 9—GEORGES BANK The proposed regulations do not that should have been made as part of create overlapping regulations with any YELLOWTAIL FLOUNDER Framework Adjustment 28 to the state regulations or other federal laws. ACCOUNTABILITY MEASURE DURATION Scallop FMP (82 FR 15155; March 27, 2017). This correction would clarify that Description and Estimate of Number of Percent overage Duration of gear owners of IFQ vessels cannot have an Small Entities to Which the Rule Would of sub-ACL restriction ownership interest in vessels that Apply collectively are allocated more than 5 20 or less ...... November 15 through The proposed regulations would December 31. percent of the total IFQ scallop APL, affect all vessels with limited access and Greater than 20 .... April through March and that they may not have an IFQ LAGC scallop permits, but there is no (year round). allocation on an IFQ scallop vessel of differential effect based on whether the more than 2.5 percent of the total IFQ affected entities are small or large. scallop APL. For SNE/MA yellowtail flounder this Framework 29 provides extensive action would change the existing Classification information on the number and size of accountability measure to a requirement vessels and small businesses that would to use the accountability measure gear Pursuant to section 304(b)(1)(A) of the be affected by the proposed regulations, in the area west of 71° W. Long. The Magnuson-Stevens Act, the Assistant by port and state (see ADDRESSES). Administrator has determined that this requirement to use this AM gear in the Fishing year 2016 data were used for proposed rule is consistent with the this analysis because these data are the gear restricted area would remain in Atlantic Sea Scallop FMP, other most recent complete data set for a effect for the period of time based on the provisions of the Magnuson-Stevens fishing year. There were 313 vessels that corresponding percent overage of the Act, and other applicable law, subject to obtained full-time limited access SNE/MA yellowtail flounder sub-ACL, further consideration after public permits in 2016, including 250 dredge, as follows: comment. 52 small-dredge, and 11 scallop trawl

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permits. In the same year, there were applications, those seven persons would Description of Significant Alternatives also 34 part-time limited access permits form one ‘‘ownership entity,’’ that holds to the Proposed Action Which in the sea scallop fishery. No vessels those five permits. If two of those seven Accomplish the Stated Objectives of were issued occasional scallop permits. owners also co-own additional vessels, Applicable Statutes and Which NMFS issued 225 LAGC IFQ permits in that ownership arrangement would be Minimize Any Significant Economic 2016, and 125 of these vessels actively considered a separate ‘‘ownership Impact on Small Entities fished for scallops that year. The entity’’ for the purpose of this analysis. The Council’s preferred alternative remaining permit holders likely leased On June 1 of each year, ownership (Alternative 4, Sub-option 2) would out scallop IFQ allocations associated entities are identified based on a list of with their permits. In 2016, there were allocate each full-time limited access all permits for the most recent complete vessel 24 open area DAS and 6 access 27 NGOM vessels that actively fished. calendar year. The current ownership For RFA purposes, NMFS defines a area trips, amounting to 108,000 lb dataset is based on the calendar year (49,988 kg) at a possession limit of small business in a shellfish fishery as 2016 permits and contains average gross a firm that is independently owned and 18,000 lb (8,165 kg) for each trip (Table sales associated with those permits for operated with receipts of less than $11 11). The LAGC IFQ sub-ACL for vessels calendar years 2014 through 2016. million annually (see 50 CFR 200.2). with IFQ permits only will be 2.8 Matching the potentially impacted 2016 Individually-permitted vessels may hold million pounds (1.3 million kg). This permits for several fisheries, harvesting fishing year permits described above alternative is expected to positively species of fish that are regulated by (limited access permits and LAGC IFQ impact profitability of small entities several different fishery management permits) to calendar year 2016 regulated by this action in 2018 because, plans, even beyond those impacted by ownership data results in 161 distinct compared to the status quo (4 trips, this proposed rule. Furthermore, ownership entities for the limited access 72,000 lb (32,659 kg)), it would allocate multiple permitted vessels and/or fleet and 115 distinct ownership entities more access trips and allocation to permits may be owned by entities with for the LAGC IFQ fleet. Of these, based access areas, but it would allocate only various personal and business on the Small Business Administration one DAS less than the status quo (25 affiliations. For the purposes of this guidelines, 154 of the limited access DAS). This alternative would also analysis, ‘‘ownership entities’’ are distinct ownership entities and 113 of redirect fishery effort away from Closed defined as those entities with common the LAGC IFQ entities are categorized as Area II in 2018 to more productive areas ownership as listed on the permit small. The remaining seven of the with larger scallops and higher densities application. Only permits with identical limited access and two of the LAGC IFQ (i.e., CA1 and NLS–W). As a result, the ownership are categorized as an entities are categorized as large entities. preferred alternative would have about ‘‘ownership entity.’’ For example, if five The number of distinct small business 27 percent higher net revenue per entity permits have the same seven persons entities with active NGOM permits were compared to the status quo levels, listed as co-owners on their permit 27 in 2016 permits. translating to higher profits (Table 8).

TABLE 11—FRAMEWORK 29 ALTERNATIVES

Number of Area scenario FW 29 measures APL after set-asides DAS access area trips

1. (Status Quo) ...... Status Quo (FW 28 measures ap- 41.7 million lb ...... 25 4 plied in 2018). 18.9 million kg. Alternative 1—(No Action, FW28 22.3 million lb ...... 21.75 1 default measures). 10.1 million kg. Alternative 2—Base Runs: Sub-option 1 ...... 49.6 million lb ...... 23 5 22.5 million kg. Sub-option 2 ...... 51.5 million lb ...... 26 5 23.4 million kg.

2. CA1 & NLS–W open ...... Alternative 3—5 trip option: Sub-option 1 ...... 53.8 million lb ...... 28 5 24.4 million kg. Sub-option 2 ...... 57.6 million lb ...... 31 5 26.1 million kg. Alternative 4—6 trips: Sub-option 1 ...... 53.9 million lb ...... 21 6 24.4 million kg. Sub-option 2 ...... 56.1 million lb ...... 24 6 (Preferred) ...... 25.4 million kg.

3. Only NLS opens ...... Alternative 5: Sub-option 1 ...... 53.9 million lb ...... 28 5 24.4 million kg. Sub-option 2 ...... 55.9 million lb ...... 31 5 25.4 million kg.

4. Only CA1 opens ...... Alternative 6 49.0 million lb ...... 23 5 22.2 million kg.

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TABLE 12—NET SCALLOP REVENUE PER LIMITED ACCESS FULL-TIME VESSEL AND PERCENT CHANGE FROM THE STATUS QUO [2018 Fishing year]

Percent change Total net Net scallop Net scallop in net scallop scallop rev- revenue per revenue per revenue per FW 29 measures enue vessel entity vessel and per ($ million) (average, $) (average, $) business entity from status quo

Status Quo ...... 488 1,491,863 3,030,057 0 Alternative 1—(No Action, FW28 default measures) ...... 277 849,111 1,724,592 ¥43 Alternative 2—Base Runs: Sub-option 1 ...... 552 1,687,270 3,426,941 13 Sub-option 2 ...... 568 1,737,806 3,529,581 16 Alternative 3—5 trip option: Sub-option 1 ...... 601 1,837,461 3,731,985 23 Sub-option 2 ...... 619 1,893,560 3,845,926 27 Alternative 4—6 trip option: Sub-option 1 ...... 601 1,840,462 3,738,081 23 Sub-option 2 (Preferred) ...... 620 1,897,372 3,853,669 27 Alternative 5: Sub-option 1 ...... 587 1,794,756 3,645,249 20 Sub-option 2 ...... 619 1,893,560 3,845,926 27 Alternative 6 ...... 556 1,701,953 3,456,761 14

Under the preferred alternative, percent higher than the allocation under positive compared to the impacts of the allocation for the LAGC IFQ fishery, the status quo. As a result, the economic status quo scenario (Table 13). excluding the limited access vessels impacts of the preferred alternative on with IFQ permits, will be about 35 the LAGC IFQ fishery are expected to be

TABLE 13—IMPACTS OF THE LAGC IFQ TAC FOR 2018 FISHING YEAR

FW 29 measures IFQ TAC for IFQ IFQ TAC for LA Total IFQ TAC Percent permits only vessels with IFQ (million lb/kg) change from (million lb/kg) permits (million status quo lb/kg) (percent)

Status Quo (FRM28 measures applied in 2018) ...... 2.08 0.95 0.208 0.95 2.29 1.04 0 Alternative 1—(No Action, FW28 default measures) ...... 1.10 0.50 0.110 0.50 1.21 0.55 ¥47 Alternative 2—Base Runs: Sub-option 1...... 2.48 1.13 0.248 0.11 2.73 1.24 19 Sub-option 2...... 2.57 1.17 0.257 0.12 2.83 1.29 24 Alternative 3—5 trip option: Sub-option 1...... 2.69 1.22 0.269 0.12 2.96 1.35 29 Sub-option 2...... 2.80 1.27 0.280 0.13 3.08 1.40 35 Alternative 4—6 trip option: Sub-option 1...... 2.70 1.23 0.270 0.12 2.97 1.35 30 Sub-option 2 (Preferred) ...... 2.80 1.27 0.280 0.13 3.08 1.40 35 Alternative 5: Sub-option 1...... 2.70 1.23 0.270 0.12 2.97 1.35 30 Sub-option 2...... 2.80 1.27 0.280 0.13 3.08 1.40 35 Alternative 6...... 2.45 1.11 0.245 0.11 2.70 1.23 18

The economic benefits of all the With the exception of Alternative 3, allocations for the more productive alternatives, including the proposed Sub-option 2, these alternatives would areas. Similarly, the proposed action alternative, considered in this action result in lower landings (about 54 would result in a higher TAC to the would exceed the benefits for the No million lb (24.5 million kg)) and gross LAGC IFQ fishery and would result in Action alternative. Alternative 3 would fleet revenue (about $601 million), higher revenues, compared to all the allocate one less access area trip, but compared to the proposed alternative other alternatives (Tables 8 and 9). more open area DAS: 26 days under the landing levels (about 56.1 million lb Therefore, the proposed alternative Sub-option 1, and 31 days under the (25.4 million kg) (Table 11)) and gross would have the highest economic Sub-option 2. The other alternative to fleet revenue (about $620 million (Table benefit for the small business entities. the proposed action is Alternative 4, 8)). Compared to the proposed action, Sub-option 1, which would allocate a Alternative 3, sub-option 2 would have List of Subjects 50 CFR Part 648 lower number of open area DAS (21 slightly higher landings (57.6 million lb days instead of 24) while retaining the (26.1 million kg) but slightly lower Fisheries, Fishing, Recordkeeping and same number of access area trips (6 revenue (about $619 million), because reporting requirements. trips), compared to the proposed action. the proposed action would have higher

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Dated: March 9, 2018. § 648.14 Prohibitions. Windowpane Flounder Gear Restricted Samuel D. Rauch III, * * * * * Area described in § 648.64(d) and (f), Deputy Assistant Administrator for (i) * * * respectively. Regulatory Programs, National Marine (1) * * * * * * * * Fisheries Service. (vi) * * * (3) * * * (A) Habitat Management Areas. (1) For the reasons set out in the (v) * * * preamble, 50 CFR part 648 is proposed Fish for scallops in, or possess or land to be amended as follows: scallops from, the Habitat Management (E) Transit the Elephant Trunk Flex Areas specified in § 648.370. Scallop Rotational Area, Closed Area II PART 648—FISHERIES OF THE (2) Transit or enter the Habitat Scallop Rotational Area, or the Closed NORTHEAST UNITED STATES Management Areas specified in Area II Extension Scallop Rotational § 648.370, except as provided by Area, as defined in § 648.60(b), (d), and ■ 1. The authority citation for part 648 § 648.61(b). (e), respectively, unless there is a continues to read as follows: * * * * * compelling safety reason for transiting Authority: 16 U.S.C. 1801 et seq. (2) * * * the area and the vessel’s fishing gear is (vi) * * * stowed and not available for immediate Subpart A—General Provisions (B) Transit the Closed Area II Scallop use as defined in § 648.2. ■ 2. In § 648.11, revise paragraph Rotational Area, as defined in * * * * * (g)(2)(ii) to read as follows: § 648.60(d), unless there is a compelling (4) * * * safety reason for transiting the area and (ii) * * * § 648.11 At-sea sea sampler/observer the vessel’s fishing gear is stowed and coverage. (A) Have an ownership interest in not available for immediate use as vessels that collectively are allocated * * * * * defined in § 648.2. more than 5 percent of the total IFQ (g) * * * (C) Fish for, possess, or land scallops scallop APL as specified in (2) * * * in or from an access area in excess of the (ii) LAGC IFQ vessels. LAGC IFQ § 648.53(a)(8). vessel’s remaining specific allocation for vessel owners, operators, or managers that area as specified in § 648.59(b)(3) or (B) Have an IFQ allocation on an IFQ must notify the NMFS/NEFOP by the amount permitted to be landed from scallop vessel of more than 2.5 percent telephone by 0001 hr of the Thursday that area. of the total IFQ scallop APL as specified preceding the week (Sunday through in § 648.53(a)(8). Saturday) that they intend to start any * * * * * ° * * * * * open area or access area scallop trip and (ix) Fish for scallops west of 71 W. must include the port of departure, open long., outside of the Sea Scallop Access Subpart D—Management Measures for area or specific Sea Scallop Access Area Areas, with gear that does not meet the the Atlantic Sea Scallop Fishery to be fished, and whether fishing as a specifications described in § 648.64 scallop dredge, scallop trawl vessel. during the period specified in the notice ■ 4. In § 648.53 revise paragraphs (a)(8), NMFS/NEFOP must be notified by the announcing the Southern New England/ (b)(3), and (c) introductory text to read owner, operator, or vessel manager of Mid-Atlantic Yellowtail Flounder or the as follows: any trip plan changes at least 48 hr prior Southern Windowpane Flounder Gear to vessel departure Restricted Area described in § 648.64(e) § 648.53 Overfishing limit (OFL), and (g), respectively. acceptable biological catch (ABC), annual * * * * * catch limits (ACL), annual catch targets ■ 3. In § 648.14: (x) Fish for scallops in the Georges Bank Accountability Measure Area (ACT), annual projected landings (APL), ■ a. Revise paragraphs (i)(1)(vi)(A); DAS allocations, and individual fishing (i)(2)(vi)(B) and (C); and (i)(2)(ix); described in § 648.64(b), with gear that quotas (IFQ). ■ b. Add paragraph (i)(2)(x); and does not meet the specifications ■ c. Revise paragraphs (i)(3)(v)(E), and described in § 648.64(c) during the (a) * * * (i)(4)(ii)(A) and (B). period specified in the notice (8) The following catch limits will be The revisions and additions read as announcing the Georges Bank effective for the 2018 and 2019 fishing follows: Yellowtail Flounder or the Northern years:

SCALLOP FISHERY CATCH LIMITS

Catch limits 2018 2019 (mt) (mt) 1

Overfishing Limit ...... 72,055 69,633 Acceptable Biological Catch/ACL (discards removed) ...... 45,950 45,805 Incidental Catch ...... 23 23 Research Set-Aside (RSA) ...... 567 567 Observer Set-Aside ...... 460 458 ACL for fishery ...... 44,900 44,757 Limited Access ACL ...... 42,431 42,295 LAGC Total ACL ...... 2,470 2,462 LAGC IFQ ACL (5 percent of ACL) ...... 2,245 2,238 Limited Access with LAGC IFQ ACL (0.5 percent of ACL) ...... 225 224 Limited Access ACT ...... 37,964 37,843 Closed Area 1 Unharvested Allocation 3 ...... 743 n/a APL ...... 25,451 (1) Limited Access Projected Landings (94.5 percent of APL) ...... 24,051 (1) Total IFQ Annual Allocation (5.5 percent of APL) 2 ...... 1,400 1,050 LAGC IFQ Annual Allocation (5 percent of APL) 2 ...... 1,273 955

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SCALLOP FISHERY CATCH LIMITS—Continued

Catch limits 2018 2019 (mt) (mt) 1

Limited Access with LAGC IFQ Annual Allocation (0.5 percent of APL) 2 ...... 127 95 1 The catch limits for the 2019 fishing year are subject to change through a future specifications action or framework adjustment. This includes the setting of an APL for 2019 that will be based on the 2018 annual scallop surveys. The 2019 default allocations for the limited access compo- nent are defined for DAS in paragraph (b)(3) of this section and for access areas in § 648.59(b)(3)(i)(B). 2 As a precautionary measure, the 2019 IFQ annual allocations are set at 75 percent of the 2018 IFQ Annual Allocations. 3 One-time allocation in 2018 of unharvested Limited Access allocations to Closed Area I from fishing years 2012 and 2013.

* * * * * example, landings in excess of the by other management measures and (b) * * * limited access fishery’s sub-ACL in Year restrictions in this part and are referred (3) The DAS allocations for limited 1 would result in the DAS reduction to as Open Areas. access scallop vessels for fishing years AM in Year 2. If the AM takes effect, * * * * * 2018 and 2019 are as follows: and a limited access vessel uses more (2) Transiting a Closed Scallop open area DAS in the fishing year in Rotational Area. No vessel possessing SCALLOP OPEN AREA DAS which the AM is applied, the vessel scallops may enter or be in the area(s) ALLOCATIONS shall have the DAS used in excess of the specified in this section when those allocation after applying the AM areas are closed, as specified through Permit category 2018 2019 1 deducted from its open area DAS the specifications or framework allocation in the subsequent fishing adjustment processes defined in Full-Time ...... 24.00 18.00 year. For example, a vessel initially § 648.55, unless the vessel is transiting Part-Time ...... 9.60 7.20 Occasional ...... 2.00 1.5 allocated 32 DAS in Year 1 uses all 32 the area and the vessel’s fishing gear is DAS prior to application of the AM. If, stowed and not available for immediate 1 The DAS allocations for the 2019 fishing after application of the AM, the vessel’s use as defined in § 648.2, or there is a year are subject to change through a future DAS allocation is reduced to 31 DAS, compelling safety reason to be in such specifications action or framework adjustment. The 2019 DAS allocations are set at 75 per- the vessel’s DAS in Year 2 would be areas without such gear being stowed. A cent of the 2018 allocation as a precautionary reduced by 1 DAS. vessel may only transit the Closed Area measure. * * * * * II Scallop Rotational Area, as defined in (c) Accountability measures (AM) for ■ 5. In § 648.59: § 648.60(d), if there is a compelling limited access vessels. Unless the ■ a. Revise paragraphs (a) introductory safety reason for transiting the area and limited access AM exception is text, (a)(2), and (a)(3); (b)(3)(i)(B)(1) the vessel’s fishing gear is stowed and implemented in accordance with the through (3); and (b)(3)(ii); not available for immediate use as provision specified in paragraph (c)(1) ■ b. Remove paragraphs (b)(3)(ii)(A) and defined in § 648.2. of this section, if the limited access sub- (B); (3) Transiting a Scallop Access Area. ■ ACL defined in paragraph (a)(5) of this c. Revise paragraphs (c), (e); and Any sea scallop vessel that has not ■ section is exceeded for the applicable d. Add paragraph g)(3)(v). declared a trip into the Scallop Area The revisions and additions read as fishing year, the DAS for each limited Access Program may enter a Scallop follows: Access Area, and possess scallops not access vessel shall be reduced by an caught in the Scallop Access Areas, for amount equal to the amount of landings § 648.59 Sea Scallop Rotational Area transiting purposes only, provided the in excess of the sub-ACL divided by the Management Program and Access Area vessel’s fishing gear is stowed and not applicable LPUE for the fishing year in Program requirements. available for immediate use as defined which the AM will apply as projected (a) The Sea Scallop Rotational Area in § 648.2. Any scallop vessel that has by the specifications or framework Management Program consists of declared a trip into the Scallop Area adjustment process specified in Scallop Rotational Areas, as defined in Access Program may not enter or be in § 648.55, then divided by the number of § 648.2. Guidelines for this area rotation another Scallop Access Area on the scallop vessels eligible to be issued a program (i.e., when to close an area and same trip except such vessel may transit full-time limited access scallop permit. reopen it to scallop fishing) are another Scallop Access Area provided For example, assuming a 300,000-lb provided in § 648.55(a)(6). Whether a its gear is stowed and not available for (136-mt) overage of the limited access rotational area is open or closed to immediate use as defined in § 648.2, or fishery’s sub-ACL in Year 1, an open scallop fishing in a given year, and the there is a compelling safety reason to be area LPUE of 2,500 lb (1.13 mt) per DAS appropriate level of access by limited in such areas without such gear being in Year 2, and 313 full-time vessels, access and LAGC IFQ vessels, are stowed. A vessel may only transit the each full-time vessel’s DAS for Year 2 specified through the specifications or Closed Area II Scallop Rotational Area, would be reduced by 0.38 DAS (300,000 framework adjustment processes as defined in § 648.60(d), if there is a lb (136 mt)/2,500 lb (1.13 mt) per DAS defined in § 648.55. When a rotational compelling safety reason for transiting = 120 lb (0.05 mt) per DAS/313 vessels area is open to the scallop fishery, it is the area and the vessel’s fishing gear is = 0.38 DAS per vessel). Deductions in called an Access Area and scallop stowed and not available for immediate DAS for part-time and occasional vessels fishing in the area are subject to use as defined in § 648.2. scallop vessels shall be 40 percent and the Access Area Program Requirements (b) * * * 8.33 percent of the full-time DAS specified in this section. Areas not (3) * * * deduction, respectively, as calculated defined as Scallop Rotational Areas (i) * * * pursuant to paragraph (b)(2) of this specified in § 648.60, Habitat (B) The following access area section. The AM shall take effect in the Management Areas specified in allocations and possession limits for fishing year following the fishing year in § 648.370, or areas closed to scallop limited access vessels shall be effective which the overage occurred. For fishing under other FMPs, are governed for the 2018 and 2019 fishing years:

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(1) Full-time vessels—For a full-time limited access vessel, the possession limit and allocations are:

2019 Scallop allocation Rotational access area Scallop possession limit 2018 Scallop allocation (default)

Closed Area 1 ...... 18,000 lb (8,165 kg) per trip ...... 18,000 lb (8,165 kg) ...... 0 lb (0 kg) Nantucket Lightship-South ...... 18,000 lb (8,165 kg) ...... 0 lb (0 kg) Nantucket Lightship-West ...... 36,000 lb (16,329 kg) ...... 0 lb (0 kg) Mid-Atlantic ...... 36,000 lb (16,329 kg) ...... 18,000 lb (8,165 kg)

Total ...... 108,000 lb (48,988 kg) ...... 18,000 lb (8,165 kg)

(2) Part-time vessels—For a part-time limited access vessel, the possession limit and allocations are as follows:

2019 Scallop allocation Rotational access area Scallop possession limit 2018 Scallop allocation (default)

Closed Area 1 ...... 14,400 lb (6,532 kg) per trip ...... 14,400 lb (6,532 kg) ...... 0 lb (0 kg) Nantucket Lightship West ...... 14,400 lb (6,532 kg) ...... 0 lb (0 kg) Mid-Atlantic ...... 14,400 lb (6,532 kg) ...... 14,400 lb (6,532 kg)

Total ...... 43,200 lb (19,595 kg) ...... 14,400 lb (6,532 kg)

(3) Occasional vessels. (i) For the 2018 owners must request these exchanges by Scallop Access Area is open, unless fishing year only, an occasional limited submitting a completed Access Area otherwise specified in this section. For access vessel is allocated 9,000 lb (4,082 Allocation Exchange Form at least 15 example, if a full-time vessel has 7,000 kg) of scallops with a trip possession days before the date on which the lb (3,175 kg) remaining in the Mid- limit at 9,000 lb of scallops per trip applicant desires the exchange to be Atlantic Access Area at the end of (4,082 kg per trip). Occasional vessels effective. Exchange forms are available fishing year 2017, that vessel may may harvest the 9,000 lb (4,082 kg) from the Regional Administrator upon harvest 7,000 lb (3,175 kg) from its 2018 allocation from only one available request. Each vessel owner involved in fishing year scallop access area access area (Closed Area 1, Nantucket an exchange is required to submit a allocation during the first 60 days that Lightship-West, Nantucket Lightship- completed Access Area Allocation the Mid-Atlantic Access Area is open in South, or Mid-Atlantic). Form. The Regional Administrator shall fishing year 2018 (April 1, 2018, (ii) For the 2019 fishing year, review the records for each vessel to through May 30, 2018). occasional limited access vessels are confirm that each vessel has enough * * * * * allocated 9,000 lb (4,082 kg) of scallops unharvested allocation remaining in a in the Mid-Atlantic Access Area only given access area to exchange. The (e) Sea Scallop Research Set-Aside with a trip possession limit of 9,000 lb exchange is not effective until the vessel Harvest in Scallop Access Areas. Unless of scallops per trip (4,082 kg per trip). owner(s) receive a confirmation in otherwise specified, RSA may be (ii) Limited access vessels’ one-for-one writing from the Regional Administrator harvested in any access area that is open area access allocation exchanges. The that the allocation exchange has been in a given fishing year, as specified owner of a vessel issued a limited access made effective. A vessel owner may through a specifications action or scallop permit may exchange exchange equal allocations up to the framework adjustment and pursuant to unharvested scallop pounds allocated current possession limit between two or § 648.56. The amount of scallops that into one access area for another vessel’s more vessels under his/her ownership. can be harvested in each access area by unharvested scallop pounds allocated A vessel owner holding a Confirmation vessels participating in approved RSA into another Scallop Access Area. These of Permit History is not eligible to projects shall be determined through the exchanges may only be made for the exchange allocations between another RSA application review and approval amount of the current trip possession vessel and the vessel for which a process. The access areas open for RSA limit, as specified in paragraph Confirmation of Permit History has been harvest for fishing years 2018 and 2019 (b)(3)(i)(B) of this section. For example, issued. are: if the access area trip possession limit * * * * * (1) 2018: Closed Area 1, Nantucket for full-time vessels is 18,000 lb (8,165 (c) Scallop Access Area scallop Lightship-West, Nantucket Lightship- kg), a full-time vessel may exchange no allocation carryover. With the exception South, and Mid-Atlantic. more or less than 18,000 lb (8,165 kg), of vessels that held a Confirmation of from one access area for no more or less Permit History as described in (2) 2019: No access areas. than 18,000 lb (8,165 kg) allocated to § 648.4(a)(2)(i)(J) for the entire fishing * * * * * another vessel for another access area. year preceding the carry-over year, a (g) * * * In addition, these exchanges may be limited access scallop vessel operator made only between vessels with the may fish any unharvested Scallop (3) * * * same permit category: A full-time vessel Access Area allocation from a given (v) The following LAGC IFQ access may not exchange allocations with a fishing year within the first 60 days of area allocations will be effective for the part-time vessel, and vice versa. Vessel the subsequent fishing year if the 2018 and 2019 fishing years:

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Scallop access area 2017 2018 1 Point Latitude Longitude Note this area are available from the Regional Administrator upon request): Closed Area 1 ...... 571 0 CAIA1 ...... 41°30′ N 68°30′ W ...... Nantucket Lightship-South 571 0 CAIA2 ...... 40°30′ N 68°23′ W ...... Point Latitude Longitude Nantucket Lightship-West 1,142 0 CAIA3 ...... 40°54.95′ N 68°53.37′ (1) Mid-Atlantic ...... 1,142 571 W NLSH1 ...... 40°50′ N 69°30′ W CAIA4 ...... 41°58′ N 69°30′ W (1) NLSH2 ...... 40°43.44′ N 69°30′ W Total ...... 3,237 571 CAIA1 ...... 41°30′ N 68°30′ W ...... NLSH3 ...... 40°43.44′ N 70° W NLSH4 ...... 40°20′ N 70° W 1 The LAGC IFQ access area trip allocations 1 From Point CAIA3 to Point CAIA4 along NLSH5 ...... 40°20′ N 70°20′ W for the 2019 fishing year are subject to change the western boundary of Closed Area I, de- NLSH6 ...... 40°50′ N 70°20′ W through a future specifications action or frame- fined in § 648.81(a)(1). ° ′ ° ′ work adjustment. NLSH7 ...... 40 50 N 69 30 W * * * * * * * * * * (e) Nantucket Lightship South Scallop * * * * * ■ 6. In § 648.60: Rotational Area. The Nantucket § 648.61 [Removed and reserved] ■ a. Revise paragraphs (a)(1); Lightship South Rotational Area is ■ ■ 7. Remove and reserve § 648.61. b. Remove and reserve paragraph defined by straight lines, except where ■ 8. Revise § 648.64 to read as follows: (a)(2); noted, connecting the following points ■ c. Revise paragraph (a)(3); in the order stated (copies of a chart § 648.64 Flounder Stock sub-ACLs and ■ d. Remove and reserve paragraph (b); depicting this area are available from AMs for the scallop fishery. ■ e. Revise paragraphs (c), (e), and (f); the Regional Administrator upon (a) As specified in § 648.55(d), and and request): pursuant to the biennial framework adjustment process specified in ■ f. Add paragraphs (g) and (h). Point Latitude Longitude § 648.90, the scallop fishery shall be The revisions and additions read as allocated a sub-ACL for the Georges ° ′ ° ′ follows: NLSS1 ...... 40 20 N 69 30 W Bank and Southern New England/Mid- NLSS2 ...... 40°33′ N 69°30′ W § 648.60 Sea Scallop Rotational Areas. NLSS3 ...... 40°33′ N 69°00′ W Atlantic stocks of yellowtail flounder and the northern and southern stocks of (a) Mid-Atlantic Scallop Rotational NLSS4 ...... 40°20′ N 69°00′ W windowpane flounder. The sub-ACLs Area. (1) The Mid-Atlantic Scallop NLSS1 ...... 40°20′ N 69°30′ W for the yellowtail flounder stocks and Rotational Area is comprised of the the windowpane flounder stocks are following scallop access areas: The (f) Nantucket Lightship West Scallop specified in § 648.90(a)(4)(iii)(C) and Elephant Trunk Scallop Rotational Area, Rotational Area. The Nantucket § 648.90(a)(4)(iii)(E) of the NE as defined in paragraph (a)(3) of this Lightship West Scallop Rotational Area is defined by straight lines connecting multispecies regulations, respectively. section; and the Hudson Canyon Scallop (b) Georges Bank Accountability Rotational Area, as defined in paragraph the following points in the order stated (copies of a chart depicting this area are Measure Area. The Georges Bank (a)(4) of this section. Accountability Measure Areas is (2) [Reserved] available from the Regional Administrator upon request): defined by straight lines connecting the (3) Elephant Trunk Scallop Rotational following points in the order stated Area. The Elephant Trunk Scallop Point Latitude Longitude (copies of a chart depicting this area are Rotational Area is defined by straight available from the Regional lines connecting the following points in NLSW1 ...... 40°20′ N 70°00′ W Administrator upon request): the order stated (copies of a chart NLSW2 ...... 40°43.44′ N 70°00′ W depicting this area are available from NLSW3 ...... 40°43.44′ N 69°30′ W Point Latitude Longitude Note the Regional Administrator upon NLSW4 ...... 40°20′ N 69°30′ W request): NLSW5 ...... 40°20′ N 70°00′ W GBAM1 ... 41°30′ N 67°20′ W ...... GBAM2 ... 41°30′ N (1) (2) ° ′ 3 2 Point Latitude Longitude GBAM3 ... 40 30 N ( ) ( ) (g) Nantucket Lightship North Scallop GBAM4 ... 40°30′ N 67°20′ W ...... ° ′ ° ′ Rotational Area. The Nantucket GBAM1 ... 41°30′ N 67°20′ W ...... ETAA1 ...... 38 50 N 74 20 W Lightship North Scallop Rotational Area ETAA2 ...... 38°10′ N 74°20′ W 1 is defined by straight lines connecting The intersection of 41°30′ N lat. and the ETAA3 ...... 38°10′ N 73°30′ W U.S.-Canada Maritime Boundary, approxi- ETAA4 ...... 38°50′ N 73°30′ W the following points in the order stated mately 41°30′ N lat., 66°34.73′ W long. ETAA1 ...... 38°50′ N 74°20′ W (copies of a chart depicting this area are 2 From Point GBAM2 connected to Point available from the Regional GBAM3 along the U.S.-Canada Maritime Administrator upon request): Boundary. * * * * * 3 The intersection of 40°30′ N lat. and the (b) [Reserved] U.S.-Canada Maritime Boundary, approxi- Point Latitude Longitude (c) Closed Area I Scallop Rotational mately, 65°44.34′ W long. Area. The Closed Area I Scallop NLSN1 ...... 40°50′ N 69°30′ W (c) Gear restriction. When subject to Rotational Area is defined by straight NLSH2 ...... 40°50′ N 69°00′ W an accountability measure gear lines connecting the following points in NLSN3 ...... 40°33′ N 69°00′ W restricted area as described in the order stated (copies of a chart NLSN4 ...... 40°33′ N 69°30′ W paragraphs (d) through (g) of this depicting this area are available from NLSN1 ...... 40°50′ N 69°30′ W section, a vessel must fish with scallop the Regional Administrator upon dredge gear that conforms to the request), and so that the line connecting (h) Nantucket Lightship Hatchet following restrictions: points CAIA3 and CAIA4 is the same as Scallop Rotational Area. The Nantucket (1) No more than 5 rows of rings shall the portion of the western boundary line Lightship Hatchet Scallop Rotational be used in the apron of the dredge. The of Closed Area I, defined in Area is defined by straight lines apron is on the top side of the dredge, § 648.81(a)(1), that lies between points connecting the following points in the extends the full width of the dredge, CAIA3 and CAIA4: order stated (copies of a chart depicting and is the rows of dredge rings that

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extend from the back edge of the twine § 648.90(a)(5)(iv), the area west of 71° W. long., shall be considered the top (i.e., farthest from the dredge frame) W. long., shall be considered the SNE/ Southern Windowpane Flounder Gear to the clubstick; and MA Yellowtail Flounder Gear Restricted Restricted Area. Scallop vessels (2) The maximum hanging ratio for a Area. Scallop vessels participating in participating in the DAS, or LAGC IFQ net, net material, or any other material the DAS, or LAGC IFQ scallop fishery scallop fishery for the period of time on the top of a scallop dredge (twine for the period of time specified in specified in paragraph (g)(2) of this top) possessed or used by vessels fishing paragraph (e)(2) of this section must section must comply with the gear with scallop dredge gear does not comply with the gear restrictions restrictions specified in paragraph (c) of exceed 1.5 meshes per 1 ring overall. specified in paragraph (c) of this section this section when fishing in open areas. This means that the twine top is when fishing in open areas. This This accountability measure does not attached to the rings in a pattern of accountability measure does not apply apply to scallop vessels fishing in Sea alternating 2 meshes per ring and 1 to scallop vessels fishing in Sea Scallop Scallop Access Areas. mesh per ring (counted at the bottom Access Areas. (2) Duration of gear restricted area. where the twine top connects to the (2) Duration of gear restricted area. The SNE/MA Windowpane Flounder apron), for an overall average of 1.5 The SNE/MA Yellowtail Flounder Gear Gear Restricted Area shall remain in meshes per ring for the entire width of Restricted Area shall remain in effect for effect for the period of time based on the the twine top. For example, an apron the period of time based on the corresponding percent overage of the that is 40 rings wide subtracting 5 rings corresponding percent overage of the SNE/MA windowpane flounder sub- one each side of the side pieces, SNE/MA yellowtail flounder sub-ACL, ACL, as follows: yielding 30 rings, would only be able to as follows: use a twine top with 45 or fewer meshes Percent overage of Duration of gear so that the overall ratio of meshes to Percent overage of Duration of gear sub-ACL restriction rings did not exceed 1.5 (45 meshes/30 sub-ACL restriction rings = 1.5). 20 or less ...... February. (3) Vessels may not fish for scallops 20 or less ...... April. Greater than 20 .... March and February. with trawl gear west of 71° W. Long Greater than 20 .... April through May. when the gear restricted area (h) Process for implementing the accountability measure is in effect. (f) Northern windowpane flounder AM—(1) If there is reliable information (d) Georges Bank Yellowtail Flounder accountability measure. (1) Unless to make a mid-year determination, that Accountability measure. (1) Unless otherwise specified in § 648.90(a)(5)(iv) a flounder stock sub-ACL was exceeded, otherwise specified in § 648.90(a)(5)(iv) of the NE multispecies regulations, if or is projected to be exceeded, the of the NE multispecies regulations, if the Northern windowpane flounder sub- Regional Administrator shall determine, the Georges Bank yellowtail flounder ACL for the scallop fishery is exceeded on or about January 15 of each year sub-ACL for the scallop fishery is and an accountability measure is whether an accountability measure exceeded and an accountability measure triggered as described in should be triggered as described in is triggered as described in § 648.90(a)(5)(iv), the Georges Bank § 648.90(a)(5)(iv). The determination § 648.90(a)(5)(iv), the Georges Bank Accountability Measure Area, described shall include the amount of the overage Accountability Measure Area, described in (b) of this section, shall be considered or projected amount of the overage, in paragraph (b) of this section, shall be the Northern Windowpane Flounder specified as a percentage of the overall considered the Georges Bank Yellowtail Gear Restricted Area. Scallop vessels sub-ACL for the specific flounder stock. Flounder Gear Restricted Area. Scallop fishing in that area for the period of time Based on this determination, the vessels fishing in that area for the period specified in paragraph (f)(2) of this Regional Administrator shall implement of time specified in paragraph (d)(2) of section must comply with the gear the AM in the following fishing year in this section must comply with the gear restrictions specified in paragraph (c) of accordance with the APA and attempt to restrictions specified in paragraph (c) of this section. notify owners of limited access and this section. (2) Duration of gear restricted area. LAGC scallop vessels by letter (2) Duration of gear restricted area. The Northern Windowpane Flounder identifying the length of the gear The Georges Bank Yellowtail Flounder Gear Restricted Area shall remain in restricted area and a summary of the Gear Restricted Area shall remain in effect for the period of time based on the catch, overage, and projection that effect for the period of time based on the corresponding percent overage of the resulted in the gear restricted area. corresponding percent overage of the Georges Bank yellowtail flounder sub- (2) If reliable information is not Georges Bank yellowtail flounder sub- ACL, as follows: available to make a mid-year ACL, as follows: determination, after the end of the Percent overage of Duration of gear scallop fishing year the Regional Percent overage of Duration of gear sub-ACL restriction Administrator shall determine whether sub-ACL restriction 20 or less ...... November 15 through the flounder stock sub-ACL was 20 or less ...... November 15 through December 31. exceeded and if an accountability December 31. Greater than 20 ...... April through March measure was triggered as described in Greater than 20 .... April through March (year round). § 648.90(a)(5)(iv). The determination (year round). shall include the amount of the overage, (g) Southern windowpane specified as a percentage of the overall (e) SNE/MA yellowtail flounder accountability measure. (1) Unless sub-ACL for the specific flounder stock. accountability measure. (1) Unless otherwise specified in § 648.90(a)(5)(iv) Based on this determination, the otherwise specified in § 648.90(a)(5)(iv) of the NE multispecies regulations, if Regional Administrator shall implement of the NE multispecies regulations, if the southern windowpane flounder sub- the AM in accordance with the APA in the SNE/MA yellowtail flounder sub- ACL for the scallop fishery is exceeded Year 3 (e.g., an accountability measure ACL for the scallop fishery is exceeded and an accountability measure is would be implemented in fishing year and an accountability measure is triggered as described in 2016 for an overage that occurred in triggered as described in § 648.90(a)(5)(iv), the area west of 71° fishing year 2014) and attempt to notify

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owners of limited access and LAGC summary of the flounder stock catch § 648.65 [Removed and reserved] scallop vessels by letter identifying the and overage information. ■ 9. Remove and reserve § 648.65. length of the gear restricted area and a [FR Doc. 2018–05155 Filed 3–14–18; 8:45 am] BILLING CODE 3510–22–P

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Notices Federal Register Vol. 83, No. 51

Thursday, March 15, 2018

This section of the FEDERAL REGISTER Dated: March 6, 2018. unless the collection of information contains documents other than rules or Lynn P. Winston, displays a currently valid OMB control proposed rules that are applicable to the Chief, Information and Records Division, number and the agency informs public. 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Copies of submission may assumptions used; (3) ways to enhance Enforcement, and U.S. Geological be obtained by calling (202) 712–5007. the quality, utility and clarity of the Survey; Department of Defense: U.S. information to be collected; and (4) Army Corps of Engineers and SUPPLEMENTARY INFORMATION: ways to minimize the burden of the Department of Commerce: National OMB Number: OMB 0412–XXXX. collection of information on those who Oceanic and Atmospheric; are to respond, including through the Form No.: AID 309–2. Administration—Office of National use of appropriate automated, Marine Sanctuaries. Agencies will Title: Offeror Information for Personal electronic, mechanical, or other collect information using Common Services Contracts with Individuals. technological collection techniques and Forms OF 301—Volunteer Service Type: Renewal. other forms of information technology. Application; OF 301a Volunteer Service Comments regarding this information Agreement and OF 301b Volunteer Purpose: United States Agency for collection received by April 16, 2018 Service Agreement and Sign-up Form International Development must collect will be considered. Written comments for Groups. information for reporting purposes to should be addressed to: Desk Officer for Need and Use of the Information: Congress and Office of Acquisition and Agriculture, Office of Information and Agencies will collect the names, Assistance Contract Administration. Regulatory Affairs, Office of addresses, and certain information This form will be used to collect Management and Budget (OMB), New about individuals who are interested in information to determine the most Executive Office Building, 725 17th public service as volunteers. The qualified person for a position without Street NW, Washington, DC, 20503. information is used by the agencies as gathering information that may lead to Commentors are encouraged to submit a position application, to review and discrimination or bias towards or their comments to OMB via email to: determine if a potential volunteer is a gathered from applicant. [email protected] or fax good fit for a particular volunteer Annual Reporting Burden: (202) 395–5806 and to Departmental position. The OF–301a is used to enroll Clearance Office, USDA, OCIO, Mail volunteers, collect contact information, Respondents per request: 1. Stop 7602, Washington, DC 20250– parent or guardian approval, describe Total annual responses: 12,684. 7602. Copies of the submission(s) may duties, project locations, schedules and Total annual hours requested: 12,684. be obtained by calling (202) 720–8681. any reimbursements, describe safety An agency may not conduct or requirements and delineate any other sponsor a collection of information terms of service. The OF–301b form is

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used to record the name and contact fax to (202) 245–4793. Comments may (domestic and foreign) (‘‘Other information of the volunteer group, and also be posted on: https:// Government Officials’’); and (3) the names and signatures of volunteers www.regulations.gov/. All comments representatives of the regulated participating in a project. If the must include the Agency’s name and establishments and businesses, such as information is not collected, docket number, FSIS–2015–0015, and importers and exporters of food participating natural resource agencies will be publicly posted, including any products, who require access to PHIS will be unable to recruit and/or screen personal information submitted, on (‘‘Business Personnel’’). PHIS collects volunteer applicants or administer/run https://www.regulations.gov. Docket: To from all three user groups basic volunteer programs that are crucial to obtain a copy of, or to view, the docket, identifying contact information. The assisting these agencies in fulfilling visit FSIS Docket Room, Patriots Plaza system also collects identifying their missions. 3, 355 E Street SW, Room 164–A, information about individuals who are Description of Respondents: Washington, DC 20250–3700, 8:00 a.m. not PHIS users, but whose names may Individuals or households. to 4:30 p.m., Monday to Friday. appear in records entered by a user, for Number of Respondents: 516,134. FOR FURTHER INFORMATION CONTACT: contact purposes. Frequency of Responses: Reporting: Roberta Wagner, Assistant PHIS obtains and stores the On occasion; Other: One time. Administrator, Office of Policy and identifying information for USDA Total Burden Hours: 77,941. Program Development (OPPD), FSIS, Personnel, including: the user’s and supervisor’s full names, titles, duty Ruth Brown, Room 350–E, Jamie Whitten Building, 1400 Independence Ave. SW, stations, business contact information, Departmental Information Collection assigned PHIS role(s), and USDA Clearance Officer. Washington, DC 20250, or Neal Westgerdes, PHIS System Owner/ eAuthentication numbers. This [FR Doc. 2018–05250 Filed 3–14–18; 8:45 am] Manager, OPPD, FSIS, Room 2925– information is used for contacting BILLING CODE 3411–15–P South, 1400 Independence Ave. SW personnel, shipping documents and supplies, inspection assignment Washington, DC 20250, (202) 205–4233. scheduling and for security and access DEPARTMENT OF AGRICULTURE For Privacy Questions: Marj Leaming, USDA Privacy Officer, Policy, E- control purposes. In addition to this [Docket No. FSIS–2015–0015] Government and Fair Information basic identifying contact information, Practices, Office of the Chief the system receives employee profile information for USDA Personnel from Privacy Act of 1974; New System of Information Officer, USDA, 1400 the National Finance Center, including, Records Independence Ave. SW, Room 450–W, but not limited to: Social security Washington, DC 20250; telephone 202– AGENCY: Food Safety and Inspection numbers (stored in masked formats); 205–0926. Service, U.S. Department of Agriculture. hire dates; organizational level; pay SUPPLEMENTARY INFORMATION: The ACTION: Notice of a new system of plan; and locality and pay code. This records. Privacy Act requires agencies to publish employee profile data are used to verify in the Federal Register (FR) a notice of USDA Personnel employment status. SUMMARY: In accordance with the any new or revised system of records. A For Other Government Officials and Privacy Act of 1974, as amended, the ‘‘system of records’’ is a group of any Business Personnel, the system collects Department of Agriculture (USDA) records under the control of an agency information including the name and proposes a new Food Safety and from which information is retrievable by title of the user, business contact Inspection Service (FSIS) system of the name of the individual or by some information, and PHIS roles and USDA records entitled: USDA/FSIS–0004, unique identifier assigned to the eAuthentication information. From Public Health Information System individual. USDA is proposing to Business Personnel, it collects the user’s (PHIS). PHIS is a Web-based system that establish a new system of records, entity name and associated business or collects information generated from entitled USDA/FSIS–04, Public Health tax identification numbers, as FSIS inspection, compliance Information System (PHIS). The primary applicable. Only basic contact verification, notification and monitoring purpose of PHIS is to collect information is collected about activities regarding the slaughter, information gathered by USDA individuals who are not PHIS users, but processing, import and export of meat, Personnel from their inspection, whose names appear in records entered and poultry and egg products. Within compliance verification and notification by a user. PHIS, FSIS maintains contact and other activities at regulated establishments, USDA Personnel enter records in identifying information about and to assess data entered by Business connection with their inspection, employees and contractors of USDA, Personnel. PHIS enhances USDA’s compliance verification, and government officials, representatives of ability to predict hazards and notification activities at regulated regulated establishments, and third vulnerabilities in the food supply and establishments. The records entered by parties. thus prevent or mitigate food safety- Other Government Officials include related threats to the public health in a documents concerning the equivalence DATES: Applicable date: April 16, 2018. timely manner. Additionally, in regard of foreign inspection systems, Written comments must be received on to imports and exports, PHIS provides documents concerning State program or before the above date. The proposed USDA and other domestic and foreign inspection verification and activities, system will be adopted on the above regulatory authorities with information responses to USDA decisions, and date, without further notice, unless it is to monitor the movement of meat, requests for information from USDA. modified in response to comments, in poultry and egg products in advance of Business Personnel enter records in which case the notice will be re- a shipment’s arrival. connection with, or in response to, published. USDA grants PHIS access to and USDA Personnel’s activities and ADDRESSES: Send written comments to: collect information from the following decisions, and requests for services from Docket Clerk, FSIS, Patriots Plaza 3, 355 user groups: (1) Employees and USDA. Examples include records E Street SW, Mailstop 3782, Room 8– contractors of USDA (‘‘USDA supporting compliance with FSIS 163B, Washington, DC 20250–3700 or Personnel’’); (2) government officials regulations, such as applications for

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export certificates and Meat and Poultry correctly labeled, packaged and Business Personnel, it also collects the Export Certificate of Wholesomeness, as distributed. Supplementary purposes user’s entity name and associated well as appeals of USDA compliance include the verification of product business or tax identification numbers, decisions regarding regulated eligibility for moving in and out of the as applicable. Only basic contact establishments and products. United States. information is collected about A Privacy Impact Assessment is PHIS maintains FSIS inspection, individuals who are not PHIS users, but posted on https://www.usda.gov/wps/ compliance verification and sampling whose names appear in records entered portal/usda/ program results and business profile by a user. usdahome?navid=PRIVACY_POLICY_ information. PHIS also maintains data ES. about State and foreign food safety RECORDS SOURCE CATEGORIES: No Privacy Act exemption is claimed. programs. PHIS maintains information Basic identifying contact information In accordance with the Privacy Act, as about individuals: to allow users access of all user groups (USDA Personnel, implemented by the Office of to the system; to schedule and assess Other Government Officials and Management and Budget (OMB) inspection and compliance verification Business Personnel) is obtained directly Circular A–108, USDA has provided a activities; to track requests for USDA from the user. In addition, employment report of this proposed new system of services; and to allow responses to verification information about USDA records to the Chair of the Committee on appeal of USDA Personnel’s decisions. Personnel is obtained from the NFC Homeland Security and Governmental through a secure data feed. Affairs, United States Senate; the Chair CATEGORIES OF INDIVIDUALS COVERED BY THE Records entered by USDA Personnel SYSTEM: of the Committee on Oversight and or Other Government Officials in Government Reform, House of All individuals granted access to the connection with their official duties are Representatives; and the Administrator PHIS are covered: (1) Employees and obtained directly from them. of the Office of Information and contractors of USDA (‘‘USDA Business Personnel records, including Regulatory Affairs, OMB. Personnel’’); (2) government officials appeals, requests for services and (domestic and foreign) (‘‘Other requests for grants of inspection or Done in Washington, DC, March 12, 2018. Government Officials’’); and (3) updates to their entities’ business Paul Kiecker, representatives of the regulated profiles, are entered into PHIS directly Acting Administrator. establishments and businesses, such as by Business Personnel or are given in SYSTEM NAME AND NUMBER importers and exporters of food paper form to USDA Personnel for input products, who require access to PHIS into PHIS on behalf of the Business Public Health Information System (‘‘Business Personnel’’). All individuals, Personnel. Business records can also be (PHIS), USDA/FSIS–04. even if they are not users of the PHIS, obtained from a foreign country’s who are mentioned or referenced in any SECURITY CLASSIFICATION: Central Competent Authority (‘‘CCA’’). documents entered into PHIS by a user USDA Personnel can also obtain some Unclassified. are also covered. This group may types of information about the other SYSTEM LOCATION: include, but is not limited to: Plant groups of users from USDA’s electronic USDA National Information workers, vendors, agents, and interface with other Federal agencies Technology Center (NITC), 8930 Ward interviewees. involved in tracking cross-border movement of the regulated Parkway, Kansas City, MO, 64114, and CATEGORIES OF RECORDS IN THE SYSTEM: establishments’ products, including but NITC, 4300 Goodfellow Blvd., St. Louis, PHIS obtains and stores identifying MO 63120. not limited to the U.S. Customs and information for the three categories of Border Protection Automated SYSTEM MANAGER: individuals as follows: Commercial Environment (ACE). PHIS System Owner, Office of Policy For USDA Personnel, PHIS stores the Business records from foreign countries and Program Development Food Safety user’s and supervisor’s full names, are obtained from the respective foreign and Inspection Service, USDA, Room titles, duty stations, business contact officials and typically, the CCA assigned 2925–South, 1400 Independence Ave. information, assigned PHIS role(s) and the responsibility for maintaining a SW, Washington, DC 20250. (202) 205– eAuthentication numbers. This country’s food safety systems reports in 4233. information is used for contacting PHIS. Information about third parties personnel, shipping documents and referenced in the records entered by a AUTHORITY FOR MAINTENANCE OF THE SYSTEM: supplies, inspection assignment user is obtained directly from the user Poultry Products Inspection Act (21 scheduling and for security and access entering or modifying the record. U.S.C. 451 et seq.); Federal Meat control purposes. In addition to this Inspection Act (21 U.S.C. 601 et seq.); basic identifying contact information, ROUTINE USES OF RECORDS MAINTAINED IN THE Egg Products Inspection Act (21 U.S.C. the system receives employee profile SYSTEM, INCLUDING CATEGORIES OF USERS AND 1031 et seq.); Humane Methods of information for USDA Personnel from THE PURPOSES OF SUCH USES: Livestock Slaughter Act of 1978 (7 the National Finance Center, including, In addition to those disclosures U.S.C. 1901–1906); Authority to Operate but not limited to: Social security generally permitted under 5 U.S.C. (ATO), dated 03/23/2017. numbers (stored in masked formats); 552a(b) of the Privacy Act of 1974, all hire dates; organizational level; pay or a portion of the records or PURPOSE OF THE SYSTEM: plan; and locality and pay code. This information contained in this system The primary role of this Web-based employee profile data is used to verify may be disclosed outside of USDA as a electronic system is to assist FSIS in USDA Personnel employment status. routine use under 5 U.S.C. 552a(b)(3), as accomplishing its food safety mission of For Other Government Officials and follows: conducting inspections and compliance Business Personnel, the system collects 1. To the U.S. Department of Justice verification activities at regulated information including the name and (DOJ) or other Federal agency establishments to confirm that meat, title of the user, business contact conducting litigation or in proceedings poultry and egg products are safe, information, PHIS roles and e- before any court, adjudicative or wholesome, not adulterated, and Authentication information. From administrative body, when it is

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necessary for the litigation and one of use are subject to the same Privacy Act in the local internal storage on each the following is a party to the litigation requirements and limitations on server. Paper records from or has an interest in the litigation: disclosure as are applicable to USDA establishments that do not wish to use a. USDA or any component thereof; officers and employees. the Web-based PHIS, and b. Any employee of USDA in his/her 7. To an appropriate Federal, State, communication records, such as PHIS- official capacity; tribal, local, international, or foreign law related emails, are stored in a dedicated, c. Any employee of USDA in his/her enforcement agency or other appropriate secured location at FSIS field offices to individual capacity where DOJ or USDA authority charged with investigating or which USDA Personnel are assigned. has agreed to represent the employee; or prosecuting a violation or enforcing or d. The United States or any agency implementing a law, rule, regulation, or POLICIES AND PRACTICES FOR RETRIEVAL OF thereof and if the USDA determines that order, where a record, either on its face RECORDS: the records are both relevant and or in conjunction with other Retrieval is by user profile object necessary to the litigation and the use of information, indicates a violation or information, which is created during the such records is compatible with the potential violation of law, which user authorization process and includes purpose for which USDA collected the includes criminal, civil, or regulatory the following data elements: User records. violations, and such disclosure is proper identification, role, permission, 2. To a Congressional office from the and consistent with the official duties of organization identification, and record of an individual in response to the person making the disclosure. assigned place of work. Information can an inquiry from that Congressional 8. To an appropriate Federal, State, also be retrieved by a unique office made at the written request of the tribal, local, international, or foreign law eAuthentication identification number individual to whom the record pertains. enforcement agency or appropriate assigned to all users. 3. To the National Archives and authority responsible for protecting POLICIES AND PRACTICES FOR RETENTION AND Records Administration (NARA) or public health, preventing or monitoring DISPOSAL OF RECORDS: other Federal government agencies disease or illness outbreaks, or ensuring A master file backup is created at the pursuant to records management the safety of the food supply. This end of the calendar year and maintained inspections being conducted under the includes the Department of Health and in St. Louis, MO. The St. Louis offsite authority of 44 U.S.C. 2904 and 2906. Human Services and its agencies, storage site is located approximately 250 4. To an agency, organization, or including the Centers for Disease miles from the primary data facility and individual for the purpose of performing Control and Prevention and the Food is not susceptible to the same hazards. audit or oversight operations as and Drug Administration, other Federal authorized by law, but only such agencies, and State, tribal, and local ADMINISTRATIVE, TECHNICAL, AND PHYSICAL information as is necessary and relevant health departments. SAFEGUARDS: to such audit or oversight function. This 9. To another federal agency or federal Records in this system are would include, but not be limited to, the entity when USDA determines that safeguarded by restricting accessibility, Comptroller General or any of his information from this system of records in accordance with USDA security and authorized representatives in the course is reasonably necessary to assist the access policies. The safeguarding of the performance of the duties of the recipient agency or entity in (1) includes: Firewall(s), network Government Accountability Office, or responding to a suspected or confirmed protection, and an encrypted password. USDA’s Office of the Inspector General breach or (2) preventing, minimizing, or All users are assigned a level of role- or any authorized representatives of that remedying the risk of harm to based access, which is strictly office. individuals, the recipient agency or controlled and granted through USDA- 5. To appropriate agencies, entities, entity (including its information approved, secure application (Level 2 and persons when: systems, programs and operations), the eAuthentication) after the user a. USDA suspects or has confirmed federal government or national security, successfully completes Government that there has been a breach of the resulting from a suspected or confirmed National Agency Check with Inquiries system of records; breach. (NACI). Controls are in place to b. USDA has determined that as a preclude anonymous usage and result of the suspected or confirmed POLICIES AND PRACTICES FOR STORAGE OF browsing. breach, there is a risk of harm to RECORDS: individuals, USDA (including its The system includes a database, RECORDS ACCESS PROCEDURES: information systems, programs, and electronic documents and paper Any individual may request a copy of operations), the Federal Government, or records. The storage for the database records in PHIS by submitting a written national security; and records is a dedicated virtual server request, with reasonable specificity, to c. the disclosure made to such located in the USDA NITC facility in FSIS Freedom of Information Act agencies, entities, and persons is Kansas City, MO. Duplicate records are (FOIA) Office at: 1400 Independence reasonably necessary to assist in maintained at the USDA NITC facility in Ave. SW, Room 2168-South, Mail Stop connection with USDA’s efforts to St. Louis, MO. The primary storage for No. 3713, Washington, DC 20250. Under respond to the suspected or confirmed the electronic documents is a records the Privacy Act (PA), 5 U.S.C. 552a, an breach or to prevent, minimize, or management system managed and individual United States citizen or legal remedy such harm; and hosted by USDA at their Enterprise Data permanent resident may seek access to 6. To contractors and their agents, Centers. Paper records are maintained in records that are retrieved by his/her grantees, experts, consultants, and the USDA offices where they were own name or other personal identifier, others performing or working on a created. Records backup storage is such as social security number or contract, service, grant, cooperative maintained by NITC Personnel in a employee identification number. Such agreement, or other assignment for virtual tape library at the USDA NITC records will be made available unless USDA, when necessary to accomplish facility in Kansas City, MO. Copies of they fall within the exemptions of the an agency function related to this the backup records are maintained at PA and the FOIA. Your Privacy Act system of records. Individuals who the USDA NITC facility in St. Louis, request for records must be in writing provided information under this routine MO. Each USDA laboratory stores data and addressed to the FOIA office. For

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more information about how to make a APHIS–2018–0009, Regulatory Analysis Services (VS) manages the CWD Herd FOIA or a Privacy Act request to obtain and Development, PPD, APHIS, Station Certification Program. records, please see: http:// 3A–03.8, 4700 River Road Unit 118, Owners of farmed or captive elk, deer, www.fsis.usda.gov/wps/portal/footer/ Riverdale, MD 20737–1238. and moose herds who choose to policies-and-links/freedom-of- Supporting documents and any participate in the CWD Herd information-act/foia-requests comments we receive on this docket Certification Program would need to An individual United States citizen or may be viewed at http:// follow program requirements for animal legal permanent resident may also seek www.regulations.gov/#!docketDetail;D= identification, testing, herd to correct or to amend his or her own APHIS-2018-0009 or in our reading management, and movement of animals records in PHIS that are retrieved by room, which is located in room 1141 of into and from herds. The regulations for name or other personal identifier, such the USDA South Building, 14th Street this program are located in 9 CFR part as one’s social security number (SSN) or and Independence Avenue SW, 55. Part 55 also contains the regulations employee number. Such Privacy Act Washington, DC. Normal reading room that authorize the payment of indemnity requests for correction or amendment hours are 8 a.m. to 4:30 p.m., Monday for the voluntary depopulation of CWD- will be processed in accordance with through Friday, except holidays. To be positive, CWD-exposed, or CWD-suspect applicable legal requirements and sure someone is there to help you, captive cervids. APHIS also established exemptions under the governing please call (202) 799–7039 before requirements in 9 CFR part 81 for the regulations and statutes such as the coming. interstate movement of elk, deer, and FOIA, 5 U.S.C. 552, the PA, 5 U.S.C. moose to prevent movement that could FOR FURTHER INFORMATION CONTACT: 552a, and 7 CFR part 1, subpart G. For pose a risk of spreading CWD. information on the regulations related to The CWD Herd Certification Program CONTESTING RECORDS PROCEDURES: the control of chronic wasting disease in and the indemnity program entail the See ‘‘Records Access Procedures’’ farmed or captive cervid herds, contact use of information collection activities above. Dr. Randy Pritchard, Surveillance, such as VS appraisal and indemnity Preparedness, and Response Services, claim form; sample collections and NOTIFICATION PROCEDURES: VS, APHIS, 2150 Centre Avenue, Fort laboratory submissions, testing, and See ‘‘Records Access Procedures’’ Collins, CO 80526; (970) 494–7241. For reporting; VS State application for CWD above. copies of more detailed information on Herd Certification Program approval, EXEMPTIONS PROMULGATED FOR THE SYSTEM: the information collection, contact Ms. renewal, or reinstatement; application Kimberly Hardy, APHIS’ Information for enrollment in the CWD Herd None. Collection Coordinator, at (301) 851– Certification Program; memoranda of [FR Doc. 2018–05280 Filed 3–14–18; 8:45 am] 2483. understanding between APHIS and BILLING CODE 3410–DM–P SUPPLEMENTARY INFORMATION: participating States; herd or premises Title: Control of Chronic Wasting plans; annual reports; State reviews; epidemiological investigations and DEPARTMENT OF AGRICULTURE Disease. OMB Control Number: 0579–0189. reporting of out-of-State traces to Animal and Plant Health Inspection Type of Request: Revision to and affected States; reports of cervid Service extension of approval of an information suspects, escapes, disappearances, and collection. deaths; inspections and inventories; a [Docket No. APHIS–2018–0009] letter to appeal suspension, Abstract: Under the Animal Health cancellation, or change in status; Protection Act (7 U.S.C. 8301 et seq.), Notice of Request for Revision to and farmed, captive, and wild cervid the Animal and Plant Health Inspection Extension of Approval of an identification; interstate certificates of Service (APHIS) of the U.S. Department Information Collection; Control of veterinary inspection; surveillance data; of Agriculture is authorized, among Chronic Wasting Disease and recordkeeping. other things, to protect the health of the We are asking the Office of ACTION: Revision to and extension of United States’ livestock and poultry Management and Budget (OMB) to approval of an information collection; populations by preventing the approve our use of these information comment request. introduction and interstate spread of collection activities, as described, for an serious diseases and pests of livestock SUMMARY: In accordance with the additional 3 years. and for eradicating such diseases from The purpose of this notice is to solicit Paperwork Reduction Act of 1995, this the United States when feasible. notice announces the Animal and Plant comments from the public (as well as Chronic wasting disease (CWD) is a affected agencies) concerning our Health Inspection Service’s intention to transmissible spongiform request a revision to and extension of information collection. These comments encephalopathy of cervids (elk, deer, will help us: approval of an information collection and moose) typified by chronic weight associated with the regulations for the (1) Evaluate whether the collection of loss leading to death. The presence of information is necessary for the proper control of chronic wasting disease in CWD in cervids causes significant farmed or captive cervid herds. performance of the functions of the economic and market losses to U.S. Agency, including whether the DATES: We will consider all comments producers. In an effort to control and information will have practical utility; that we receive on or before May 14, limit the spread of this disease in the (2) Evaluate the accuracy of our 2018. United States, APHIS created a estimate of the burden of the collection ADDRESSES: You may submit comments cooperative, voluntary Federal-State- of information, including the validity of by either of the following methods: private sector CWD Herd Certification the methodology and assumptions used; • Federal eRulemaking Portal: Go to Program designed to identify farmed or (3) Enhance the quality, utility, and http://www.regulations.gov/ captive herds infected with CWD and clarity of the information to be #!docketDetail;D=APHIS-2018-0009. provide for the management of these collected; and • Postal Mail/Commercial Delivery: herds in a way that reduces the risk of (4) Minimize the burden of the Send your comment to Docket No. spreading CWD. APHIS’ Veterinary collection of information on those who

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are to respond, through use, as ADDRESSES: The public meeting will be language interpreter, please call or write appropriate, of automated, electronic, held at the Atlanta Airport Marriott, the individual under FOR FURTHER mechanical, and other collection 4711 Best Road, Atlanta, GA 30337. INFORMATION CONTACT. technologies; e.g., permitting electronic FOR FURTHER INFORMATION CONTACT: Dr. Done in Washington, DC, this 12th day of submission of responses. Fidelis Hegngi, Avian Health March 2018. Estimate of burden: The public Surveillance Staff, Preparedness, and Kevin Shea, burden for this collection of information Response Services, VS, APHIS, 4700 Administrator, Animal and Plant Health is estimated to average 2.813 hours per River Road, Unit 46, Suite 4B–02.27, Inspection Service. response. Riverdale, MD 20737; (301) 851–3564. [FR Doc. 2018–05270 Filed 3–14–18; 8:45 am] Respondents: State animal health SUPPLEMENTARY INFORMATION: The low BILLING CODE 3410–34–P officials, accredited veterinarians, pathogenicity avian influenza (LPAI) laboratories, and businesses managing virus typically causes little to no farmed, captive, or wild cervid herds. clinical signs in infected poultry. It DEPARTMENT OF AGRICULTURE Estimated annual number of spreads primarily through direct contact respondents: 4,532. between healthy and infected birds or Forest Service Estimated annual number of through indirect contact with responses per respondent: 27. National Urban and Community contaminated equipment and materials. Forestry Advisory Council Estimated annual number of To prevent cases of LPAI, poultry responses: 123,397. producers must use special preventative AGENCY: Forest Service, USDA. Estimated total annual burden on measures and precautions on the farm. ACTION: Notice of meeting. respondents: 347,163 hours. (Due to When LPAI findings do occur, the averaging, the total annual burden hours Animal and Plant Health Inspection SUMMARY: The National Urban and may not equal the product of the annual Service (APHIS) and its State partners Community Forestry Advisory Council number of responses multiplied by the work to address them quickly and keep (Council) will meet via teleconference. reporting burden per response.) the disease from spreading to new The Council is authorized under Section All responses to this notice will be flocks. Because LPAI does not typically 9 of the Cooperative Forestry Assistance summarized and included in the request kill poultry the way highly pathogenic Act (the Act), as amended, and the for OMB approval. All comments will avian influenza does, there may be Federal Advisory Committee Act also become a matter of public record. additional control options beyond (FACA). Additional information Done in Washington, DC, on March 9, depopulation. concerning the Council, can be found by 2018. In order to provide a forum for the visiting the Council’s website at: http:// Kevin Shea, discussion of policy issues related to www.fs.fed.us/ucf/nucfac.shtml. Administrator, Animal and Plant Health LPAI, APHIS is organizing a public DATES: The teleconference will be held Inspection Service. meeting to provide information on our on Tuesday March 20, 2018, from 10:30 [FR Doc. 2018–05263 Filed 3–14–18; 8:45 am] current thinking with respect to LPAI a.m. to 4:30 p.m., Eastern Standard Time (EST) or until Council business is BILLING CODE 3410–34–P indemnity, compensation, and controlled marketing with poultry completed. All meetings are subject to stakeholders and partners. This meeting cancellation. For an updated status of DEPARTMENT OF AGRICULTURE will be held on March 27, 2018, and the teleconference prior to attendance, will begin at 8 a.m., and is scheduled to please contact the person listed under Animal and Plant Health Inspection end at 4:30 p.m. Information regarding FOR FURTHER INFORMATION CONTACT. Service the meeting and registration instructions ADDRESSES: The meeting will be held via teleconference. For anyone who [Docket No. APHIS–2018–0013] may be obtained from the person listed under FOR FURTHER INFORMATION would like to attend the teleconference, Low Pathogenicity Avian Influenza CONTACT. please visit the website listed in the Program; Public Meeting The meeting will open with remarks ‘‘Summary’’ section or contact Nancy by Dr. Jack Shere, Deputy Administrator Stremple at [email protected] for AGENCY: Animal and Plant Health for APHIS’ Veterinary Services. An further details. Written comments may Inspection Service, USDA. overview of APHIS’ current thinking on be submitted as described under ACTION: Notice of public meeting. LPAI indemnity, compensation, and SUPPLEMENTARY INFORMATION. All controlled marketing process will comments, including names and SUMMARY: We are notifying stakeholders follow. APHIS will share the concepts addresses when provided, are placed in and interested persons that the Animal we are developing on the process and the record and are available for public and Plant Health Inspection Service is take questions in a feedback session, inspection and copying. The public may hosting a public meeting to provide where attendees can seek clarification inspect comments received at the USDA information on the Agency’s current about specific issues and state their Forest Service, Sidney Yates Building., thinking regarding low pathogenicity opinions. The meeting will then break Room 3SC–01C, 201 14th Street SW, avian influenza (LPAI) indemnity, for lunch. After lunch, attendees will Washington DC 20024. Please call ahead compensation, and controlled discuss the challenges of an LPAI at 202–309–7829 to facilitate entry into marketing. The meeting will include an incident or outbreak in the Table Egg the building. overview of the concepts we are and Upland Game Bird industries and FOR FURTHER INFORMATION CONTACT: developing with respect to LPAI offer possible solutions. The entire Nancy Stremple, Executive Staff, indemnity, compensation, and group will then reconvene to receive the National Urban and Community controlled marketing and provide an highlights of each session, and the Forestry Advisory Council, by cell opportunity for attendees to discuss meeting will end after a discussion of phone at 202–309–9873, or by email at issues of interest. next steps and closing remarks. [email protected], or via facsimile at DATES: The meeting will be held on If you require special 202–690–5792. Individuals who use March 27, 2018, from 8 a.m. to 4:30 p.m. accommodations, such as a sign telecommunication devices for the deaf

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(TDD) may call the Federal Information DEPARTMENT OF AGRICULTURE Completed applications may be Relay Service (FIRS) at 1–800–877–8339 submitted the following ways: between 8:00 a.m. and 8:00 p.m., Rural Utilities Service (1) Paper: Mail paper applications to Eastern Standard Time, Monday the Rural Utilities Service, through Friday. Announcement of Grant Application Telecommunications Program, 1400 Deadlines and Funding Levels SUPPLEMENTARY INFORMATION: The Independence Ave. SW, Room 2844, purpose of the meeting is to: AGENCY: Rural Utilities Service, USDA. STOP 1597, Washington, DC 20250– 1. Report out from Committee work ACTION: Notice of Solicitation of 1597. Mark address with ‘‘Attention: groups; Applications (NOSA). Deputy Assistant Administrator, Office 2. Provide updates on the 2018 grant of Loan Origination and Approval, Rural proposal review and 2019 Call for SUMMARY: The Rural Utilities Service Utilities Service.’’ Proposals; (RUS), an agency of the United States (2) Electronic: Submit electronic 3. Provide Forest Service updates on Department of Agriculture (USDA), applications through Grants.gov. budget, projects, partnerships and herein referred to as RUS or the Agency, Prospective applicants can access nominations; announces its Community Connect information on submitting electronic 4. Listen to constituents with urban Grant Program application window for applications at any time, regardless of forestry concerns; Fiscal Year (FY) 2018. In addition, this registration status, through the 5. Perform administrative tasks; NOSA announces the minimum and Grants.gov website at http:// 6. Annual accomplishments/ maximum Community Connect grant www.grants.gov. However, in order to recommendations report to the amounts, the funding priority, the use the electronic submission option, Secretary—Status; application submission dates, the applicants must register with 7. Next Meeting, Action items for the agency contact information, and the Grants.gov. week of July 16, 2018. procedures for submission of paper and The teleconference is open to the FOR FURTHER INFORMATION CONTACT: electronic applications. Shawn Arner, Deputy Assistant public. However, the public is strongly This notice is being issued prior to encouraged to RSVP prior to the Administrator, Office of Loan passage of a final appropriations act to Origination and Approval, Rural teleconference to ensure all related allow potential applicants time to documents are shared with public Utilities Service, U.S. Department of submit proposals and give the Agency Agriculture, Telephone: (202) 720–0800. meeting participants. The agenda will time to process applications within the SUPPLEMENTARY INFORMATION: include time for people to make oral current fiscal year. The Agency will statements of three minutes or less. publish the amount of funding received Overview Individuals wishing to make an oral in any continuing resolution or the final statement should submit a request in Federal Agency: Rural Utilities appropriations act on its website at Service (RUS). writing by March 13, 2018, to be https://www.rd.usda.gov/newsroom/ scheduled on the agenda. Council Funding Opportunity Title: notices-solicitation-applications-nosas. Community Connect Grant Program. discussion is limited to Forest Service Expenses incurred in developing staff and Council members, however Announcement Type: Initial applications will be at the applicant’s announcement. anyone who would like to bring urban risk. and community forestry matters to the Funding Opportunity Number: attention of the Council may file written DATES: Submit completed paper or RDRUS–CC–2018. statements with the Council’s staff electronic grant applications by the Catalog of Federal Domestic following deadlines: Assistance (CFDA) Number: 10.863. before or after the meeting. Written • comments and time requests for oral Paper submissions: Paper Dates: Applicants must submit the comments must be sent to Nancy submissions must be postmarked and paper or electronic grant applications by Stemple, Executive Staff, National mailed, shipped, or sent overnight no the deadlines found in this section and Urban and Community Forestry later than May 14, 2018 to be eligible for Section D(5). FY 2018 grant funding. Late or Advisory Council, Sidney Yates A. Program Description Building, Room 3SC–01C, 201 14th incomplete applications will not be eligible for FY 2018 grant funding. The purpose of the Community Street SW, Washington, DC 20024, or by • email at [email protected]. Electronic submissions: Electronic Connect Grant Program is to provide Meeting Accommodations: If you are submissions must be received no later financial assistance in the form of grants a person requiring reasonable than May 14, 2018 to be eligible for FY to eligible applicants that will provide accommodation, please make requests 2018 grant funding. Late or incomplete service at the Broadband Grant Speed to in advance for sign language applications will not be eligible for FY all premises in currently unserved, 2018 grant funding. lower-income, and extremely rural interpreting, assistive listening devices • or other reasonable accommodation for If the submission deadline falls on areas. RUS will give priority to rural access to the facility or proceedings by Saturday, Sunday, or a Federal holiday, areas that demonstrate the greatest need contacting the person listed in the the application is due the next business for broadband services, based on the day. section titled FOR FURTHER INFORMATION criteria contained herein. CONTACT. All reasonable ADDRESSES: Copies of the FY 2018 In addition to providing service to all accommodation requests are managed Application Guide and materials for the premises, the program’s ‘‘community- on a case by case basis. Community Connect Grant Program may oriented connectivity’’ concept will be obtained through: stimulate practical, everyday uses and Dated: February 14, 2018. (1) The Community Connect website applications of broadband by cultivating Patti Hirami, at https://www.rd.usda.gov/programs- the deployment of new broadband Associate Deputy Chief, State & Private services/community-connect-grants; and services that improve economic Forestry. (2) The RUS Office of Loan development and provide enhanced [FR Doc. 2018–05269 Filed 3–14–18; 8:45 am] Origination and Approval at 202–720– educational and health care BILLING CODE 3411–15–P 0800. opportunities in rural areas. Such an

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approach will also give rural c. Applicants must have an active 4. Funding Restrictions communities the opportunity to benefit registration with current information in a. Eligible grant purposes. from the advanced technologies that are the System for Award Management Grant funds may be used to finance: necessary to achieve these goals. The (SAM) at https://www.sam.gov and have i. The construction, acquisition, or regulation for the Community Connect a Dun and Bradstreet (D&B) Data leasing of facilities, including spectrum, Program can be found at 7 CFR part Universal Numbering System (DUNS) land or buildings to deploy service at 1739. number. Further information regarding the Broadband Grant Speed to all As in years past, the FY 2018 SAM registration and DUNS number participating Critical Community Community Connect Grant Application acquisition can be found in Sections Facilities and all required facilities Guide has been updated based on D(3) and D(4) of this NOSA. needed to offer such service to all program experience. All applicants 2. Ineligible Applicants residential and business customers should carefully review and prepare located within the Proposed Funded their applications according to a. The following entities are not Service Area; instructions in the FY 2018 Application eligible for Community Connect Grant ii. The improvement, expansion, Guide and sample materials. Expenses Program financial assistance: construction, or acquisition of a incurred in developing applications will i. Individuals and partnerships Community Center that furnishes free be at the applicant’s own risk. ii. Corporations that have been internet access at the Broadband Grant B. Federal Award Information convicted of a Federal felony within the Speed and provides Computer Access past 24 months. Any corporation that Points. Grant funds provided for such In accordance with 7 CFR 1739.2, the has been assessed to have any unpaid costs shall not exceed the lesser of ten Administrator has established a federal tax liability, for which all percent (10%) of the grant amount minimum grant request amount of judicial and administrative remedies requested or $150,000; and $100,000 and a maximum grant request have been exhausted or have lapsed and iii. The cost of bandwidth to provide amount of $3,000,000 per application is not being paid in a timely manner service free of charge at the Broadband for FY 2018. pursuant to an agreement with the Grant Speed to Critical Community The standard grant agreement, which authority responsible for collecting the Facilities for the first two (2) years of specifies the term of each award, is tax liability, is not eligible for financial operation. available at https://www.rd.usda.gov/ assistance. b. Ineligible grant purposes. files/CCGrantAgreement.pdf. The b. In accordance with the Grant funds may not be used to Agency will make awards, and Consolidated Appropriations Act, 2016, finance: successful applicants will be required to Sections 743–4, no funds may be i. The duplication of any existing execute documents appropriate to the available ‘‘for a contract, grant, or Broadband Service provided by another project before the Agency will advance cooperative agreement with an entity entity. funding. that requires employees or contractors ii. Operating expenses other than the While prior Community Connect of such entity seeking to report fraud, cost of providing bandwidth at the grants cannot be renewed, existing waste, or abuse to sign internal Broadband Grant Speed to the Critical Community Connect awardees may confidentiality agreements or statements Community Facilities for two (2) years. submit applications for new projects. prohibiting or otherwise restricting such iii. Any other operating expenses not The Agency will evaluate project employees or contractors from lawfully specifically permitted in 7 CFR 1739.12. proposals from existing awardees as reporting such waste, fraud, or abuse to c. Other. For more information, see 7 new applications. All grant applications a designated investigative or law CFR 1739.3 for definitions, 7 CFR must be submitted during the enforcement representative of a Federal 1739.12 for eligible grant purposes, and application window. department or agency authorized to 7 CFR 1739.13 for ineligible grant C. Eligibility Information receive such information.’’ purposes. 1. Eligible Applicants (See 7 CFR 3. Cost Sharing or Matching 5. Other 1739.10) The Community Connect Grant Eligible projects must propose to a. Only entities legally organized as Program requires matching fulfill the following requirements (see 7 one of the following are eligible for contributions for grants. See 7 CFR CFR 1739.11 for more information): Community Connect Grant Program 1739.14 and the FY 2018 Application a. Minimum Broadband Service. RUS financial assistance: Guide for information on required uses this measurement to determine i. An incorporated organization. matching contributions. whether a proposed funded service area ii. An Indian tribe or tribal a. Grant applicants must demonstrate is served or unserved. Until otherwise organization, as defined in 25 U.S.C. matching contributions in cash of at revised in the Federal Register, the 450b. least fifteen percent (15%) of the minimum rate-of-data transmission that iii. A state or local unit of requested grant amount. Matching qualifies as Minimum Broadband government. contributions must be used solely for Service is ten (10) megabits per second iv. Other legal entity, including a the Project and shall not include any downstream and one (1) megabit per cooperative, private corporation, or financial assistance from federal sources second upstream for both fixed and limited liability company organized on unless there is a federal statutory mobile broadband service. RUS will a for-profit or not-for-profit basis. exception specifically authorizing the determine that Broadband Service does b. Applicants must have the legal federal financial assistance to be not exist for areas with no broadband capacity and authority to enter into considered as such as discussed in 7 access or whose access is less than 10 contracts, to comply with applicable CFR 1739.14. Mbps downstream plus 1 Mbps federal statutes and regulations, and to b. Applications that do not provide upstream. own and operate the broadband sufficient documentation of the required b. Minimum Broadband Grant Speed. facilities as proposed in their fifteen percent match will be declared The minimum bandwidth that an application. ineligible. applicant must propose to deliver to

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every customer in the proposed funded f. Community Center. Applicants and the Community Connect Grant service area. Until otherwise revised in must propose to provide a Community Program Regulation are available in the the Federal Register, the minimum rate- Center, within the PFSA, with at least following locations: of-data transmission that qualifies as two (2) Computer Access Points and a. Community Connect Grant Program Minimum Broadband Grant Speed is wireless access at the Broadband Grant web page at https://www.rd.usda.gov/ twenty-five (25) megabits downstream Speed free of charge to users for at least programs-services/community-connect- and three (3) megabits upstream for both two (2) years. grants. fixed and mobile service to the D. Application and Submission b. The Office of Loan Origination and customer. Information Approval in RUS; call 202–720–0800. c. Rural Area. A Rural Area refers to any area, as confirmed by the most The FY 2018 Application Guide 2. Content and Form of Application recent decennial Census of the United provides specific detailed instructions Submission States, which is not located within: for each item in a complete application. a. Carefully review the Community i. A city, town, or incorporated area The Agency emphasizes the importance Connect Application Guide and the 7 that has a population of greater than of including every required item and CFR part 1739, which detail all 20,000 inhabitants; or strongly encourages applicants to follow necessary forms and worksheets. A table the instructions carefully, using the ii. An urbanized area contiguous and summarizing the necessary components examples and illustrations in the FY adjacent to a city or town that has a of a complete application can be found 2018 Application Guide. Prior to official population of greater than 50,000 in Section D(2)(d). submission of applications, applicants inhabitants. For purposes of the b. Submission of Application Items. may request technical assistance or definition of Rural Area, an urbanized Given the high volume of program other application guidance from the interest, applicants should submit the area means a densely populated Agency, as long as such requests are required application items in the order territory as defined in the most recent made prior to April 30, 2018. Agency indicated in the FY 2018 Application decennial Census. contact information can be found in d. Proposed Funded Service Area Section G of this NOSA. The Agency Guide. Applications that are not (PFSA). Applicants must define a will not solicit or consider scoring or assembled and tabbed in the specified contiguous geographic area within an eligibility information that is submitted order impede timely determination of eligible Rural Area, in which Broadband after the application deadline. The eligibility. For applications with Service does not currently exist, and Agency reserves the right to contact inconsistencies among submitted where the applicant proposes to offer applicants to seek clarification copies, the Agency will base its service at the Broadband Grant Speed to information on materials contained in evaluation on the original signed all residential and business customers. the submitted application. See the FY application received. A PFSA must not overlap with Service 2018 Application Guide for a full c. Additional Information. The Areas of current RUS borrowers and discussion of each required item. For a Agency may ask for additional or grantees. comprehensive list of all information clarifying information for applications e. Critical Community Facilities. required in a grant application, refer to submitted by the deadline which appear Applicants must propose to offer 7 CFR 1739.15. to meet the eligibility requirements, but service, free of charge to users, at the require further review. Broadband Grant Speed to all Critical 1. Address To Request Application d. Table of Required Information in a Community Facilities located within the Package Complete Grant Application. This table Proposed Funded Service Area for at The FY 2018 Application Guide, summarizes and categorizes the items least two (2) years. copies of necessary forms and samples, required in a grant application.

Application item Regulation Comments

A. Application for Federal Assistance Form ...... Form provided in FY 2018 Application Guide. SF–424 Standard Form: A–2 SAM Registration Information ...... Form provided in FY 2018 Application Guide. A–3 State Director Notification ...... Form provided in FY 2018 Application Guide. A–4 Equal Opportunity Survey ...... Form provided in FY 2018 Application Guide. B. Executive Summary of the Project ...... Narrative. C. Scoring Criteria Documentation ...... Narrative & Documentation. D. System Design ...... Narrative & Documentation. Network Diagram ...... Documentation. Environmental Questionnaire ...... 7 CFR part 1970 ...... Narrative & Documentation. E. Service Area Map ...... Provided in RUS web-based Mapping Tool. Service Area Demographics ...... Documentation. F. Scope of Work ...... Narrative & Documentation. Construction Build-out and Project Milestones ...... Form provided in FY 2018 Application Guide. Project Budget ...... Form provided in FY 2018 Application Guide. G. Community-oriented Connectivity Plan ...... Narrative. H. Financial Information and Sustainability ...... Narrative & Documentation. I. Statement of Experience ...... Narrative. J. Evidence of Legal Authority and Existence ...... Documentation. K. Additional Funding ...... Narrative & Documentation. L. Compliance with Other Statutes and Regulations: ...... Equal Opportunity and Nondiscrimination ...... 7 CFR part 15 (Subpart A) Form provided in FY 2018 Application Guide. Uniform Relocation Assistance and Real Property 49 CFR part 24 and 7 CFR Form provided in FY 2018 Application Guide. Acquisition Policies Act of 1970. part 21. Debarment, Suspension, and Other Responsibility 7 CFR part 3017 ...... Form provided in FY 2018 Application Guide. Matters.

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Application item Regulation Comments

Lobbying for Contracts, Grants, Loans, and Coop- 7 CFR part 3018 ...... Form provided in FY 2018 Application Guide. erative Agreements. Drug-Free Workplace ...... 7 CFR part 3017 ...... Form provided in FY 2018 Application Guide. Architectural Barriers ...... Form provided in FY 2018 Application Guide. Flood Hazard Area Precautions ...... 7 CFR 1970 ...... Form provided in FY 2018 Application Guide. Non-Duplication of Services ...... Form provided in FY 2018 Application Guide. Federal Collection Policies for Commercial Debt ...... Form provided in FY 2018 Application Guide. Assurance Regarding Felony Conviction or Tax De- ...... Form provided in FY 2018 Application Guide (corporate linquent Status for Corporate Applicants. applicants-only).

e. Number of copies of submitted grant funding. If the submission iv. Dun and Bradstreet Data Universal applications. deadline falls on Saturday, Sunday, or Numbering System (DUNS). The grant i. Applications submitted on paper. a Federal holiday, the application is due applicant must supply a DUNS number Submit the original application and two the next business day. In the event of an as part of the application. See Section (2) copies to RUS. incomplete application, the Agency will D(3) of this NOSA for more information. ii. Applications submitted notify the applicant in writing, return v. System for Award Management electronically through Grants.gov. the application, and terminate all (SAM). Grants.gov requires that the Submit the electronic application once. further action. applicant’s organization is registered in Carefully read the FY 2018 Application i. Address paper applications to the SAM. Be sure to obtain the Guide for guidance on submitting an Telecommunications Program, RUS, organization’s SAM listing well in electronic application. Applicants U.S. Department of Agriculture, 1400 advance of the application deadline. See should identify and number each page Independence Ave. SW, Room 2844, Section D(4) of this NOSA for more in the same manner as the paper STOP 1597, Washington, DC 20250– information. application. 1597. Applications should be marked, vi. RUS encourages applicants who ‘‘Attention: Deputy Assistant wish to apply through Grants.gov to 3. Dun and Bradstreet Universal Administrator, Office of Loan submit their applications in advance of Numbering System (DUNS) Number Origination and Approval.’’ the deadline. The grant applicant must supply a ii. Paper applications must show vii. If system errors or technical DUNS number as part of the proof of mailing or shipping by the difficulties occur, use the customer application. The Standard Form 424 deadline with one of the following: support resources available at the (SF–424) contains a field for the DUNS A. A legibly dated U.S. Postal Service Grants.gov website. number. The applicant can obtain the (USPS) postmark. B. A legible mail receipt with the date E. Application Review Information DUNS number free of charge by calling of mailing stamped by the USPS. 1. Criteria Dun and Bradstreet. Go to http:// C. A dated shipping label, invoice, or fedgov.dnb.com/webform for more receipt from a commercial carrier. Grant applications are evaluated for information on DUNS number iii. Due to screening procedures at the financial and technical feasibility, in acquisition or confirmation. USDA, packages arriving via regular accordance with 7 CFR 1739.16. An 4. System for Award Management mail through the USPS are irradiated, application that contains flaws that (SAM) which can damage the contents and would prevent the successful delay delivery to the office. RUS implementation, operation, or Prior to submitting a paper or an encourages applicants to consider the sustainability of the project will not be electronic application, the applicant impact of this procedure when selecting approved for an award. In addition, must register in SAM at https:// their application delivery method. grant applications are scored www.sam.gov/portal/SAM/#1. SAM b. Electronic grant applications competitively and are subject to the registration must be active with current submitted through Grants.gov must be criteria listed below. The maximum data at all times, from the application received no later than May 14, 2018 to number of points possible is 100. See 7 review throughout the active Federal be eligible for FY 2018 funding. Late or CFR 1739.17 and the FY 2018 grant funding period. To maintain active incomplete applications will not be Application Guide for more information SAM registration, the applicant must eligible for FY 2018 grant funding. on the scoring criteria. review and update the information in i. Applications will not be accepted a. Needs Category. The Agency the SAM database annually from the via fax or electronic mail. analyzes the challenges related to the date of initial registration or from the ii. Electronic applications for grants following criteria and the ways in which date of the last update. The applicant must be submitted through the federal the project proposes to address these must ensure that the information in the government’s Grants.gov initiative at issues (up to 50 points): database is current, accurate, and https://www.grants.gov/. Grants.gov i. Economic characteristics. complete. contains full instructions on all required ii. Educational challenges. passwords, credentialing, and software. 5. Submission Dates and Times iii. Health care needs. iii. Grants.gov requires some iv. Public safety issues. a. Paper applications must be credentialing and online authentication b. Stakeholder Involvement Category. postmarked and mailed, shipped, or procedures. These procedures may take The Agency analyzes the extent of the sent overnight no later than May 14, several business days to complete. project planning, development, and 2018 to be eligible for FY 2018 grant Therefore, the applicant should support from local residents, funding. Late applications, applications complete the registration, credentialing, institutions, and Critical Community which do not include proof of mailing and authorization procedures at Facilities (up to 40 points). or shipping, and incomplete Grants.gov before submitting an c. Experience Category. The Agency applications are not eligible for FY 2018 application. analyzes the management team’s level of

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experience and past success of Guide, and accompanying materials The policies contained in subpart E of broadband systems operation (up to 10 implement the appropriate part 1901 apply to recipients. As points). administrative and national policy recipients of Federal financial d. In making a final selection among requirements, which include, but are assistance, borrowers are required to and between applications with not limited to: comply with the applicable Federal, comparable rankings and geographic a. Executing a Community Connect State and local laws. Title VI of the Civil distribution, the Administrator may take Grant Agreement. Rights Act of 1964 and Section 504 of into consideration the characteristics of b. Using Form SF 270, ‘‘Request for the Rehabilitation Act prohibits the Proposed Funded Service Area Advance or Reimbursement,’’ to request discrimination by recipients of Federal (PFSA), as identified in 7 CFR reimbursements (along with the financial assistance. Recipients are 1739.17(d). submission of receipts for expenditures, required to adhere to specific outreach timesheets, and any other activities. These outreach activities 2. Review and Selection Process documentation to support the request include, contacting community a. Grant applications are ranked for reimbursement). organizations and leaders that include according to their final scores. RUS c. Providing annual project minority leaders, advertising in local selects applications based on those performance activity reports until the newspapers and other media throughout rankings, subject to the availability of expiration of the award. the entire service area, and including funds and consistent with 7 CFR d. Ensuring that records are the nondiscrimination slogan, ‘‘This is 1739.17. It should be noted that an maintained to document all activities an Equal Opportunity Program. application receiving fewer points can and expenditures utilizing Community Discrimination is prohibited by Federal be selected over an application Connect grant funds and matching Law,’’ in methods that may include, but receiving more points in the event that funds (receipts for expenditures are to not be limited to, advertisements, public there are insufficient funds available to be included in this documentation). broadcasts, and printed materials, such cover the costs of the higher scoring e. Providing a final project as, brochures and pamphlets. All application, as stated in 7 CFR performance report. recipients must submit and have on file 1739.16(f). f. Complying with policies, guidance, a valid Form RD 400–1, ‘‘Equal b. Applications will be ranked and and requirements as described in the Opportunity Agreement,’’ and RUS grants awarded in order until all grant following applicable Code of Federal Form 266 or RD Form 400–4, funds are expended. Regulations, and any successor ‘‘Assurance Agreement.’’ c. The Agency reserves the right to regulations: By signing Form 400–4 or 266, offer the applicant a lower amount than i. 2 CFR parts 200 and 400 (Uniform Assurance Agreement recipients affirm the amount proposed in the application, Administrative Requirements, Cost that they will operate the program free as stated in 7 CFR 1739.16(g). Principles, and Audit Requirements for from discrimination. The recipient will Federal Awards). maintain the race and ethnic data on the F. Federal Award Administration ii. 2 CFR part 417 (Nonprocurement board members and beneficiaries of the Information Debarment and Suspension). program. The Recipient will provide 1. Federal Award Notices iii. 2 CFR part 180 (Government-wide alternative forms of communication to Debarment and Suspension). persons with limited English a. Successful applications. RUS proficiency. The Agency will conduct notifies applicants whose projects are g. Signing Form AD–3031 (‘‘Assurance Regarding Felony Civil Rights Compliance Reviews on selected for awards by mailing or recipients to identify the collection of emailing a copy of the award letter. The Conviction or Tax Delinquent Status for Corporate Applicants’’) (for corporate racial and ethnic data on Program receipt of an award letter does not beneficiaries. In addition, the authorize the applicant to commence applicants only). h. Complying with Executive Order Compliance review will ensure that performance under the award. equal access to the Program benefits and b. After sending the award letter, the 13166, ‘‘Improving Access to Services for Persons with Limited English activities are provided for persons with Agency will send an agreement that disabilities and language barriers. contains all the terms and conditions, as Proficiency.’’ For information on limited referenced in 7 CFR 1739.18 and English proficiency and agency-specific 3. Reporting Section B of this NOSA. A copy of the guidance, go to https://www.LEP.gov. a. Performance reporting. All standard agreement is posted on the i. Accountability and Compliance With recipients of Community Connect Grant RUS website at https:// Civil Rights Laws Program financial assistance must www.rd.usda.gov/programs-services/ provide annual performance activity 7 CFR 1901–E community-connect-grants. RUS reports to RUS until the project is recognizes that each funded project is 1901.201 Purpose. This subpart complete and the funds are expended. A unique, and therefore may attach contains policies and procedures for final performance report is also additional conditions to individual implementing the regulations of the required. This report may serve as the award documents. An applicant must Department of Agriculture issued last annual report. The final report must execute and return the grant agreement pursuant to Title VI of the Civil Rights include an evaluation of the success of with any additional items required by Act of 1964, Title VIII of the Civil Rights the project in meeting the Community the agreement within the number of Act of 1968, Title IX, Section 504 of the Connect Grant Program objectives. See 7 days specified in the selection notice Rehabilitation Act of 1973, Executive CFR 1739.19 and 2 CFR 200.328 for letter. Order 13166, Executive Order 11246, additional information on these and the Equal Credit Opportunity Act of reporting requirements. 2. Administrative and National Policy 1974, as they relate to the Rural b. Financial reporting. All recipients Requirements Development (Rural Development). of Community Connect Grant Program The items listed in this NOSA, the Nothing herein shall be interpreted to financial assistance must provide an Community Connect Grant Program prohibit preference to American Indians annual audit, beginning with the first regulation, the FY 2018 Application on Indian Reservations. year in which a portion of the financial

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assistance is expended. Audits are 4. Main Point of Contact: Shawn ARCTIC RESEARCH COMMISSION governed by USDA audit regulations. Arner, Deputy Assistant Administrator, See 7 CFR 1739.20 and 2 CFR part 200 Office of Loan Origination and Notice of 109th Commission Meeting (Subpart F) for a description of the Approval, Rural Utilities Service, U.S. A notice by the U.S. Arctic Research financial reporting requirements. Department of Agriculture. Commission on 03/09/2018. c. Recipient and Sub-recipient H. Other Information Notice is hereby given that the U.S. Reporting. The applicant must have the Arctic Research Commission will hold necessary processes and systems in 1. USDA Non-Discrimination Statement its 109th meeting in Seattle, WA, on place to comply with the reporting In accordance with Federal civil April 21, 2018. The business sessions, requirements for first-tier sub-awards rights law and USDA civil rights open to the public, will convene at 8:30 and executive compensation under the regulations and policies, the USDA, its a.m. at The Edgewater Hotel, 2411 Federal Funding Accountability and Agencies, offices, and employees, and Alaskan Way, Seattle, WA 98121. Transparency Act of 2006 in the event institutions participating in or The Agenda items include: the applicant receives funding unless administering USDA programs are such applicant is exempt from such (1) Call to order and approval of the prohibited from discriminating based on agenda reporting requirements pursuant to 2 race, color, religion, sex, age, national CFR 170.110(b). The reporting (2) Approval of the minutes from the origin, marital status, sex, gender 108th meeting requirements under the Transparency identity (including gender expression), Act pursuant to 2 CFR 170 are as (3) Commissioners and staff reports sexual orientation, familial status, (4) Discussion and presentations follows: disability, limited English proficiency, i. First Tier Sub-Awards of $25,000 or concerning Arctic research or because all or a part of an activities more (unless they are exempt under 2 individual’s income is derived from a The meeting will focus on reports and CFR part 170) must be reported by the public assistance program, political updates relating to programs and Recipient to https://www.fsrs.gov no beliefs, or reprisal or retaliation for prior research projects affecting Alaska and later than the end of the month civil rights activity, in any program or the greater Arctic. following the month the obligation was activity conducted or funded by USDA The Arctic Research and Policy Act of made. Please note that currently (not all bases apply to all programs). 1984 (Title I Pub. L. 98–373) and the underway is a consolidation of eight Remedies and complaint filing Presidential Executive Order on Arctic federal procurement systems, including deadlines vary by program or incident. Research (Executive Order 12501) dated the Federal Sub-award Reporting Persons with disabilities who require January 28, 1985, established the United System (FSRS), into one system, the alternative means of communication for States Arctic Research Commission. System for Award Management (SAM). program information (e.g., Braille, large If you plan to attend this meeting, As a result, the FSRS will soon be print, audiotape, American Sign please notify us via the contact consolidated into and accessed through Language, etc.) should contact the information below. Any person https://www.sam.gov/portal/public/ responsible Agency or USDA’s TARGET planning to attend who requires special SAM/. Center at 202–720–2600 (voice and accessibility features and/or auxiliary ii. The Total Compensation of the TDD) or contact USDA through the aids, such as sign language interpreters, Recipient’s Executives (the five most Federal Relay Service at (800) 877–8339. must inform the Commission of those highly compensated executives) must be Additionally, program information may needs in advance of the meeting. reported by the Recipient (if the be made available in languages other Contact person for further Recipient meets the criteria under 2 CFR than English. To file a program information: Kathy Farrow, part 170) to https://www.sam.gov/ discrimination complaint, complete the Communications Specialist, U.S. Arctic portal/public/SAM/ by the end of the USDA Program Discrimination Research Commission, 703–525–0111 or month following the month in which Complaint Form, AD–3027, found TDD 703–306–0090. the award was made. online at https://www.ascr.usda.gov/ad- iii. The Total Compensation of the 3027-usda-program-discrimination- Kathy Farrow, Sub-recipient’s Executives (the five complaint-form and at any USDA office Communications Specialist. most highly compensated executives) or write a letter addressed to USDA and [FR Doc. 2018–05213 Filed 3–14–18; 8:45 am] must be reported by the Sub-recipient (if provide in the letter all of the BILLING CODE 7555–01–P the Sub-recipient meets the criteria information requested in the form. under 2 CFR part 170) to the Recipient To request a copy of the complaint by the end of the month following the form, call (866) 632–9992. Submit your COMMISSION ON CIVIL RIGHTS month in which the sub-award was completed form or letter to USDA by: made. a. Mail: U.S. Department of Notice of Public Meeting of the Alaska d. Record Keeping and Accounting. Agriculture, Office of the Assistant Advisory Committee The contract will contain provisions Secretary for Civil Rights, 1400 related to record keeping and Independence Avenue SW, Washington, AGENCY: U.S. Commission on Civil accounting requirements. DC 20250–9410; Rights. G. Federal Awarding Agency Contacts b. Facsimile: (202) 690–7442; or ACTION: Announcement of meeting. c. Email: at [email protected]. 1. Website: https://www.rd.usda.gov/ d. USDA is an equal opportunity SUMMARY: Notice is hereby given, programs-services/community-connect- provider, employer, and lender. pursuant to the provisions of the rules grants. This site maintains up-to-date and regulations of the U.S. Commission resources and contact information for Dated: February 14, 2018. on Civil Rights (Commission) and the the Community Connect Grant Program; Christopher A. McLean, Federal Advisory Committee Act 2. Telephone: 202–720–0800; Acting Administrator, Rural Utilities Service. (FACA) that a meeting of the Alaska 3. Email: community.connect@ [FR Doc. 2018–05200 Filed 3–14–18; 8:45 am] Advisory Committee (Committee) to the wdc.usda.gov; and BILLING CODE P Commission will be held at 12:00 p.m.

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(Alaska Time) Thursday, March 15, Regional Programs Unit at the above Persons with hearing impairments 2018. The purpose of the meeting is for email or street address. may also follow the discussion by first the Committee to vote on final advisory Agenda calling the Federal Relay Service at 1– memorandum on Alaska Native voting 800–877–8339 and providing the rights that will be issued to the U.S. I. Welcome operator with the toll-free conference Commission on Civil Rights. II. Vote on Advisory Memorandum III. Public Comment call-in number: 1–888–298–3457 and DATES: The meeting will be held on IV. Next Steps conference ID: 8259032. Thursday, March 15, 2018, at 12:00 p.m. V. Adjournment Members of the public are invited to AKT. make statements during the open Public Call Information: Exceptional Circumstance: Pursuant Dial: 888–609–5689. to 41 CFR 102–3.150, the notice for this comment period of the meeting or Conference ID: 3574845. meeting is given less than 15 calendar submit written comments. The days prior to the meeting because of the comments must be received in the FOR FURTHER INFORMATION CONTACT: Ana exceptional circumstance of this Victoria Fortes (DFO) at afortes@ regional office approximately 30 days Committee doing work on the FY 2018 usccr.gov or (213) 894–3437. after each scheduled meeting. Written statutory enforcement report. comments may be mailed to the Eastern SUPPLEMENTARY INFORMATION: This meeting is available to the public Dated: March 11, 2018. Regional Office, U.S. Commission on through the following toll-free call-in David Mussatt, Civil Rights, 1331 Pennsylvania number: 888–609–5689, conference ID Supervisory Chief, Regional Programs Unit. Avenue, Suite 1150, Washington, DC number: 3574845. Any interested [FR Doc. 2018–05234 Filed 3–14–18; 8:45 am] 20425, faxed to (202) 376–7548, or member of the public may call this BILLING CODE P emailed to Evelyn Bohor at ero@ number and listen to the meeting. usccr.gov. Persons who desire Callers can expect to incur charges for additional information may contact the calls they initiate over wireless lines, COMMISSION ON CIVIL RIGHTS Eastern Regional Office at (202) 376– and the Commission will not refund any 7533. Notice of Public Meeting of the incurred charges. Callers will incur no Maryland Advisory Committee Records and documents discussed charge for calls they initiate over land- during the meeting will be available for line connections to the toll-free AGENCY: Commission on Civil Rights. public viewing as they become available telephone number. Persons with hearing ACTION: Announcement of meeting. at https://facadatabase.gov/committee/ impairments may also follow the meetings.aspx?cid=253, click the SUMMARY: Notice is hereby given, proceedings by first calling the Federal ‘‘Meeting Details’’ and ‘‘Documents’’ Relay Service at 1–800–877–8339 and pursuant to the provisions of the rules links. Records generated from this providing the Service with the and regulations of the U.S. Commission meeting may also be inspected and conference call number and conference on Civil Rights (Commission), and the ID number. Federal Advisory Committee Act reproduced at the Eastern Regional Members of the public are entitled to (FACA), that a meeting of the Maryland Office, as they become available, both make comments during the open period Advisory Committee to the Commission before and after the meetings. Persons at the end of the meeting. Members of will convene by conference call at 12:00 interested in the work of this advisory the public may also submit written p.m. (EDT) on Friday, April 11, 2018. committee are advised to go to the comments; the comments must be The purpose of the meeting is to plan its Commission’s website, www.usccr.gov, received in the Regional Programs Unit next civil rights project. or to contact the Eastern Regional Office within 30 days following the meeting. DATES: Wednesday, April 11, 2018, at at the above phone numbers, email or Written comments may be mailed to the 12:00 p.m. (EDT) street address. Western Regional Office, U.S. Public Call-In Information: Agenda Commission on Civil Rights, 300 North Conference call-in number: 1–888–298– Los Angeles Street, Suite 2010, Los 3457 and conference ID: 8259032. Wednesday, April 11, 2018 at 12:00 p.m. Angeles, CA 90012. They may be faxed FOR FURTHER INFORMATION CONTACT: (EDT) to the Commission at (213) 894–0508, or Evelyn Bohor at [email protected] or by emailed Ana Victoria Fortes at afortes@ phone at 202–376–7533. • Rollcall usccr.gov. Persons who desire SUPPLEMENTARY INFORMATION: Interested • Planning Meeting additional information may contact the members of the public may listen to the • Other Business Regional Programs Unit at (213) 894– discussion by calling the following toll- 3437. free conference call-in number: 1–888– • Open Comment Records and documents discussed 298–3457 and conference ID: 8259032. • Adjourn during the meeting will be available for Please be advised that before placing public viewing prior to and after the them into the conference call, the Dated: March 9, 2018. meeting at https://facadatabase.gov/ conference call operator will ask callers David Mussatt, committee/meetings.aspx?cid=234. to provide their names, their Supervisory Chief, Regional Programs Unit. Please click on the ‘‘Meeting Details’’ organizational affiliations (if any), and [FR Doc. 2018–05215 Filed 3–14–18; 8:45 am] and ‘‘Documents’’ links. Records email addresses (so that callers may be BILLING CODE P generated from this meeting may also be notified of future meetings). Callers can inspected and reproduced at the expect to incur charges for calls they Regional Programs Unit, as they become initiate over wireless lines, and the available, both before and after the Commission will not refund any meeting. Persons interested in the work incurred charges. Callers will incur no of this Committee are directed to the charge for calls they initiate over land- Commission’s website, https:// line connections to the toll-free www.usccr.gov, or may contact the conference call-in number.

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DEPARTMENT OF COMMERCE Commerce, 1401 Constitution Avenue Commerce exercised its discretion to NW, Washington, DC 20230; telephone: toll deadlines affected by the closure of Foreign-Trade Zones Board (202) 482–1121 or (202) 482–2057, the Federal Government from January [B–71–2017] respectively. 20 through 22, 2018. If the new deadline SUPPLEMENTARY INFORMATION: falls on a non-business day, in Foreign-Trade Zone (FTZ) 52—Suffolk accordance with Commerce’s practice, County, New York; Authorization of Background the deadline will become the next Production Activity; Advanced Commerce published the notice of business day. On January 24, 2018, and Optowave Corporation; (Diode initiation of this administrative review March 1, 2018, Commerce extended the Pumped Solid State Laser Systems); on July 6, 2017.1 The review was deadline for the preliminary results.5 Ronkonkoma, New York initiated on 219 companies. On October The revised deadline for the preliminary 4, 2017, the Aluminum Extrusions results of this review is now March 9, On November 8, 2017, Advanced Trade Enforcement Working Group (the 2018.6 Optowave Corporation submitted a petitioner) withdrew its request for For a complete description of the notification of proposed production review of all but five companies: events that followed the initiation of activity to the FTZ Board for its facility Liaoning Zhongwang Group Co. Ltd. this review, see the Preliminary within FTZ 52, Site 5, in Ronkonkoma, (Liaoning), Liaoyang Zhongwang Decision Memorandum.7 A list of topics New York. Aluminum Profile Co. Ltd. (Liaoyang), discussed in the Preliminary Decision The notification was processed in Guangdong Xin Wei Aluminum Memorandum is included as Appendix accordance with the regulations of the Products Co., Ltd., Xin Wei Aluminum I to this notice. The Preliminary FTZ Board (15 CFR part 400), including Co. Ltd., and Xin Wei Aluminum Decision Memorandum is a public notice in the Federal Register inviting Company Limited.2 On July 20, 2017, document and is on file electronically public comment (82 FR 55578, Commerce received timely no-shipment via Enforcement and Compliance’s November 22, 2017). On March 12, certifications from certain companies for Antidumping and Countervailing Duty 2018, the applicant was notified of the which there remain active requests for Centralized Electronic Service System FTZ Board’s decision that no further review: Guangdong Xin Wei Aluminum (ACCESS). ACCESS is available to review of the activity is warranted at Products Co., Ltd., Xin Wei Aluminum registered users at http:// this time. The production activity Company Limited, and Xin Wei access.trade.gov, and is available to all described in the notification was Aluminum Co. Ltd.3 On October 31, parties in the Central Records Unit, authorized, subject to the FTZ Act and 2017, Commerce issued the standard Room B8024 of the main Department of the FTZ Board’s regulations, including CVD questionnaire to Liaoning and Commerce building. In addition, a Section 400.14. Liaoyang as mandatory respondents.4 complete version of the Preliminary Dated: March 12, 2018. Decision Memorandum can be accessed 1 directly at http://enforcement.trade.gov/ Andrew McGilvray, See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR frn/. The signed and electronic versions Executive Secretary. 44260 (July 6, 2017) (Initiation Notice). of the Preliminary Decision [FR Doc. 2018–05265 Filed 3–14–18; 8:45 am] 2 See Letter from the petitioner, ‘‘Aluminum Memorandum are identical in content. BILLING CODE 3510–DS–P Extrusions from the People’s Republic of China: Request for Administrative Review,’’ dated May 31, Scope of the Order 2017; Letter from Regal Ideas Inc., ‘‘Aluminum Extrusions from the People’s Republic of China: The merchandise covered by the order DEPARTMENT OF COMMERCE Request for Administrative Review,’’ dated May 31, is aluminum extrusions which are 2017; and Letter, ‘‘Aluminum Extrusions from the shapes and forms, produced by an International Trade Administration People’s Republic of China: Withdrawal of Request for Administrative Review,’’ dated October 4, 2017. extrusion process, made from aluminum [C–570–968] See also Memorandum, ‘‘Decision Memorandum for alloys having metallic elements the Preliminary Results of Countervailing Duty corresponding to the alloy series Aluminum Extrusions From the Administrative Review, Rescission of Review, in designations published by The Part, and Intent to Rescind, in Part; 2016,’’ dated People’s Republic of China: concurrently with, and hereby adopted by, this Aluminum Association commencing Preliminary Results of Countervailing notice (Preliminary Decision Memorandum) at Duty Administrative Review, ‘‘Background’’ and ‘‘Partial Rescission of Review.’’ Company Limited, Xin Wei Aluminum Co., Ltd., Rescission of Review, in Part, and 3 See Letter, ‘‘Aluminum Extrusions from the Xin Wei Aluminum Co., and Guangdong Xin Wei Intent To Rescind, in Part; 2016 People’s Republic of China: Certification of No Aluminum Products Co., Ltd. had submitted a Sales, Shipments, or Entries,’’ dated July 20, 2017. timely no-shipment certification. See ‘‘Preliminary AGENCY: Enforcement and Compliance, 4 See Department Letter re: ‘‘2016 Administrative Determination of No Shipments,’’ below. See also Review of the Countervailing Duty Order on Preliminary Decision Memorandum. International Trade Administration, Aluminum Extrusions from the People’s Republic 5 See Memorandum, ‘‘Aluminum Extrusions from Department of Commerce. of China: Countervailing Duty Questionnaire,’’ the People’s Republic of China: Extension of SUMMARY: The Department of Commerce dated September 6, 2017 (Initial CVD Deadline for Preliminary Results of Countervailing Questionnaire—Liaoning Zhongwang Group Co., Duty Administrative Review,’’ dated January 24, (Commerce) preliminarily determines Ltd.) and Department Letter re: ‘‘2016 2018, and uploaded to ACCESS on January 25, that countervailable subsidies have been Administrative Review of the Countervailing Duty 2018; see also Memorandum, ‘‘Aluminum provided to producers and exporters of Order on Aluminum Extrusions from the People’s Extrusions from the People’s Republic of China: aluminum extrusions from the People’s Republic of China: Countervailing Duty Second Extension of Deadline for Preliminary Questionnaire,’’ dated September 6, 2017 (Initial Results of Countervailing Duty Administrative Republic of China (China). The period CVD Questionnaire—Liaoyang Zhongwang Review,’’ dated March 1, 2018. of review (POR) is January 1, 2016, Aluminum Profile Co., Ltd.). Liaoning Zhongwang 6 See Memorandum for the Record from Christian through December 31, 2016. Group Co., Ltd. and Liaoyang Zhongwang Marsh, Deputy Assistant Secretary for Enforcement Aluminum Profile Co. Ltd. were the only and Compliance, performing the non-exclusive DATES : Applicable March 15, 2018. companies with outstanding review requests which functions and duties of the Assistant Secretary for FOR FURTHER INFORMATION CONTACT: had not submitted timely certifications of no- Enforcement and Compliance, ‘‘Deadlines Affected Tyler Weinhold or Tom Bellhouse, AD/ shipment. Commerce also issued a countervailing by the Shutdown of the Federal Government’’ duty questionnaire to Xin Wei Aluminum Company (Tolling Memorandum), dated January 23, 2018. All CVD Operations, Office VI, Enforcement Limited, Xin Wei Aluminum Co., Ltd., and deadlines in this segment of the proceeding have and Compliance, International Trade Guangdong Xin Wei Aluminum Products Co., Ltd., been extended by 3 days. Administration, U.S. Department of but later determined that Xin Wei Aluminum 7 See Preliminary Decision Memorandum.

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with the numbers 1, 3, and 6 (or 9507.30.40.00, 9507.30.60.00, Intent To Rescind Administrative proprietary equivalents or other 9507.90.60.00, and 9603.90.80.50. Review, in Part certifying body equivalents). The subject merchandise entered as As explained above, on July 20, 2017, Imports of the subject merchandise parts of other aluminum products may Commerce received timely no-shipment are provided for under the following be classifiable under the following certifications from Guangdong Xin Wei categories of the Harmonized Tariff additional Chapter 76 subheadings: Aluminum Products Co., Ltd., Xin Wei Schedule of the United States (HTSUS): 7610.10, 7610.90, 7615.19, 7615.20, and Aluminum Company Limited, and Xin 6603.90.8100, 7616.99.51, 8479.89.94, 7616.99, as well as under other HTSUS Wei Aluminum Co. Ltd. Because there 8481.90.9060, 8481.90.9085, chapters. In addition, fin evaporator is no evidence on the record to indicate 9031.90.9195, 8424.90.9080, coils may be classifiable under HTSUS that these companies had entries of 9405.99.4020, 9031.90.90.95, numbers: 8418.99.80.50 and subject merchandise during the POR,10 7616.10.90.90, 7609.00.00, 7610.10.00, 8418.99.80.60. While HTSUS pursuant to 19 CFR 351.213(d)(3), we 7610.90.00, 7615.10.30, 7615.10.71, subheadings are provided for preliminarily intend to rescind the 7615.10.91, 7615.19.10, 7615.19.30, convenience and customs purposes, the review with respect to Guangdong Xin 7615.19.50, 7615.19.70, 7615.19.90, written description of the scope of this Wei Aluminum Products Co., Ltd., Xin 7615.20.00, 7616.99.10, 7616.99.50, order is dispositive.8 Wei Aluminum Company Limited, and 8479.89.98, 8479.90.94, 8513.90.20, Xin Wei Aluminum Co. Ltd.11 A final 9403.10.00, 9403.20.00, 7604.21.00.00, Methodology decision regarding whether to rescind 7604.29.10.00, 7604.29.30.10, the review of this company will be 7604.29.30.50, 7604.29.50.30, Commerce is conducting this review issued with the final results of review. in accordance with section 751(a)(1)(A) 7604.29.50.60, 7608.20.00.30, Preliminary Results 7608.20.00.90, 8302.10.30.00, of the Tariff Act of 1930, as amended 8302.10.60.30, 8302.10.60.60, (the Act). For purposes of this review Commerce preliminarily determines 8302.10.60.90, 8302.20.00.00, Commerce preliminarily finds that all that the following estimated 8302.30.30.10, 8302.30.30.60, programs previously countervailed in countervailable subsidy rates exist: 12 8302.41.30.00, 8302.41.60.15, prior segments of this proceeding, 8302.41.60.45, 8302.41.60.50, remain countervailable—that is, they Ad valorem provide a financial contribution within Company rate 8302.41.60.80, 8302.42.30.10, (percent) 8302.42.30.15, 8302.42.30.65, the meaning of sections 771(5)(B)(i) and 8302.49.60.35, 8302.49.60.45, (D) of the Act, confer a benefit within Liaoning Zhongwang Group 8302.49.60.55, 8302.49.60.85, the meaning of section 771(5)(B) of the Co., Ltd ...... 198.61 8302.50.00.00, 8302.60.90.00, Act, and are specific within the meaning Liaoyang Zhongwang Alu- 8305.10.00.50, 8306.30.00.00, of 771(5A) of the Act. minum Profile Co., Ltd ...... 198.61 8414.59.60.90, 8415.90.80.45, For a full description of the 8418.99.80.05, 8418.99.80.50, methodology underlying our Assessment Rates 8418.99.80.60, 8419.90.10.00, preliminary conclusions, including our In accordance with 19 CFR 8422.90.06.40, 8473.30.20.00, reliance on adverse facts available 351.221(b)(4)(i), we preliminarily 8473.30.51.00, 8479.90.85.00, pursuant to sections 776(a) and (b) of assigned subsidy rates in the amounts 8486.90.00.00, 8487.90.00.80, the Act, see the Preliminary Decision shown above for the producer/exporters 8503.00.95.20, 8508.70.00.00, Memorandum. As explained in the shown above. Upon completion of the 8515.90.20.00, 8516.90.50.00, Preliminary Decision Memorandum, administrative review, consistent with 8516.90.80.50, 8517.70.00.00, Commerce relied on adverse facts section 751(a)(1) of the Act and 19 CFR 8529.90.73.00, 8529.90.97.60, available because the Government of 351.212(b)(2), Commerce shall 8536.90.80.85, 8538.10.00.00, China and both of the mandatory determine, and U.S. Customs and 8543.90.88.80, 8708.29.50.60, respondents did not act to the best of Border Protection (CBP) shall assess, 8708.80.65.90, 8803.30.00.60, their ability in responding to countervailing duties on all appropriate 9013.90.50.00, 9013.90.90.00, Commerce’s requests for information, entries covered by this review. We 9401.90.50.81, 9403.90.10.40, and consequently, has drawn an adverse intend to issue assessment instructions 9403.90.10.50, 9403.90.10.85, inference, where appropriate, in to CBP 15 days after publication of the 9403.90.25.40, 9403.90.25.80, selecting from among the facts final results of this review. 9403.90.40.05, 9403.90.40.10, otherwise available.9 For further For the 214 companies for which this 9403.90.40.60, 9403.90.50.05, information, see ‘‘Use of Facts review is rescinded, Commerce will 9403.90.50.10, 9403.90.50.80, Otherwise Available and Adverse instruct CBP to assess countervailing 9403.90.60.05, 9403.90.60.10, Inferences’’ in the Preliminary Decision duties on all appropriate entries at a rate 9403.90.60.80, 9403.90.70.05, Memorandum. equal to the cash deposit of estimated 9403.90.70.10, 9403.90.70.80, countervailing duties required at the Rescission of Review, in Part 9403.90.80.10, 9403.90.80.15, time of entry, or withdrawal from 9403.90.80.20, 9403.90.80.41, warehouse, for consumption, during the For those companies named in the period January 1, 2016, through 9403.90.80.51, 9403.90.80.61, Initiation Notice for which all review 9506.11.40.80, 9506.51.40.00, requests have been timely withdrawn, 9506.51.60.00, 9506.59.40.40, 10 See, e.g., Memorandum, ‘‘2016 Administrative we are rescinding this administrative Review of the Countervailing Duty Order on 9506.70.20.90, 9506.91.00.10, review in accordance with 19 CFR Aluminum Extrusions from the People’s Republic 9506.91.00.20, 9506.91.00.30, 351.213(d)(1). These 214 companies are of China: Electronic U.S. Customs and Border 9506.99.05.10, 9506.99.05.20, listed at Appendix II to this notice. Protection Data,’’ dated July 7, 2017, and 9506.99.05.30, 9506.99.15.00, accompanying Microsoft Excel spreadsheet. 11 See Preliminary Decision Memorandum. 9506.99.20.00, 9506.99.25.80, 8 See Preliminary Decision Memorandum for a 12 Id., at ‘‘Use of Adverse Facts Available’’ and 9506.99.28.00, 9506.99.55.00, complete description of the scope of the order. ‘‘Ad Valorem Rate for Non-Cooperative Companies 9506.99.60.80, 9507.30.20.00, 9 See sections 776(a) and (b) of the Act. Under Review.’’

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December 31, 2016, in accordance with Compliance, U.S. Department of 7. Aluminicaste Fundicion de Mexico 19 CFR 351.212(c)(l)(i). Commerce Commerce, within 30 days after the date 8. AMC Limited intends to issue appropriate assessment of publication of this notice. Requests 9. AMC Ltd. instructions directly to CBP 15 days should contain the party’s name, 10. Anji Chang Hong Chain Manufacturing 11. Aoda Aluminium (Hong Kong) Co., after publication of this notice. address, and telephone number, the Limited number of participants, whether any Cash Deposit Requirements 12. Atlas Integrated Manufacturing Ltd. participant is a foreign national, and a 13. Belton (Asia) Development Limited Pursuant to section 751(a)(2)(C) of the list of the issues to be discussed. If a 14. Belton (Asia) Development Ltd. Act, Commerce also intends upon request for a hearing is made, Commerce 15. Birchwoods (Lin’an) Leisure Products publication of the final results to intends to hold the hearing at the U.S. Co., Ltd. instruct CBP to collect cash deposits of Department of Commerce, 1401 16. Bolnar Hong Kong Ltd. estimated countervailing duties in the Constitution Avenue NW, Washington, 17. Bracalente Metal Products (Suzhou) Co., amounts indicated above for each Ltd. DC 20230, at a time and date to be 18. Changshu Changshen Aluminum company listed on shipments of subject determined. Parties should confirm by Products Co., Ltd. merchandise entered, or withdrawn telephone the date, time, and location of 19. Changshu Changsheng Aluminum from warehouse, for consumption on or the hearing two days before the Products Co., Ltd. after the date of publication of the final scheduled date. Issues addressed at the 20. Changzhou Changzhen Evaporator Co., results of this administrative review. For hearing will be limited to those raised Ltd. all non-reviewed firms, we intend to in the briefs.15 All case and rebuttal 21. Changzhou Changzheng Evaporator Co., instruct CBP to collect cash deposits of briefs and hearing requests must be filed Ltd. 22. Changzhou Tenglong Auto Accessories estimated countervailing duties at the electronically and received successfully most recent company-specific or all- Manufacturing Co. Ltd. in their entirety through ACCESS by 23. Changzhou Tenglong Auto Parts Co., Ltd. others rate applicable to the company, 5:00 p.m. Eastern Time on the due date. 24. China Square as appropriate. These cash deposit Unless the deadline is extended 25. China Square Industrial Co. requirements, when imposed, shall pursuant to section 751(a)(3)(A) of the 26. China Square Industrial Ltd. remain in effect until further notice. Act, we intend to issue the final results 27. China Zhongwang Holdings, Ltd. 28. Chiping One Stop Industrial & Trade Co., Disclosure of this administrative review, including the results of our analysis of the issues Ltd. Normally, Commerce discloses to raised by the parties in their comments, 29. Classic & Contemporary Inc. interested parties the calculations within 120 days after issuance of these 30. Clear Sky Inc. 31. Cosco (J.M.) Aluminum Co., Ltd. performed in connection with the preliminary results. preliminary results of review within five 32. Dalian Huacheng Aquatic Products Notification to Interested Parties 33. Dalian Liwang Trade Co., Ltd. days of its public announcement, or if 34. Danfoss Micro Channel Heat Exchanger there is no public announcement, These preliminary results are issued (Jia Xing) Co., Ltd. within five days of the date of and published pursuant to sections 35. Daya Hardware Co Ltd. publication of this notice in accordance 751(a)(1) and 777(i)(1) of the Act and 19 36. Dongguan Dazhan Metal Co., Ltd. with 19 CFR 351.224(b). However, CFR 351.221(b)(4). 37. Dongguan Golden Tiger Hardware Industrial Co., Ltd. because Commerce preliminarily Dated: March 8, 2018. 38. Dongguang Aoda Aluminum Co., Ltd. applied adverse facts available to Gary Taverman, Liaoning and Liaoyang, pursuant to 39. Dragonluxe Limited Deputy Assistant Secretary for Antidumping section 776 of the Act, there are no 40. Dynabright International Group (HK) Ltd. and Countervailing Duty Operations, 41. Dynamic Technologies China calculations to disclose. performing the non-exclusive functions and 42. ETLA Technology (Wuxi) Co. Ltd. Public Comment duties of the Assistant Secretary for 43. Ever Extend Ent. Ltd. Enforcement and Compliance. 44. Fenghua Metal Product Factory Interested parties may submit written 45. First Union Property Limited case briefs no later than 30 days after Appendix I 46. FookShing Metal & Plastic Co. Ltd. the date of publication of the List of Topics Discussed in the Preliminary 47. Foreign Trade Co. of Suzhou New & High- preliminary determination. Rebuttal Decision Memorandum Tech Industrial Development Zone. briefs, limited to issues raised in case I. Summary 48. Foshan City Nanhai Hongjia Aluminum briefs, may be submitted no later than II. Background Alloy Co., Ltd. five days after the deadline date for case III. Rescission of Review, in Part 49. Foshan Golden Source Aluminum Products Co., Ltd. briefs.13 Pursuant to 19 CFR IV. Intent To Rescind Administrative Review, in Part 50. Foshan Guangcheng Aluminium Co., Ltd. 351.309(c)(2) and (d)(2), parties who 51. Foshan Jinlan Aluminum Co. Ltd. submit case briefs or rebuttal briefs in V. Scope of the Order VI. Use of Adverse Facts Available 52. Foshan JinLan Aluminum Co., Ltd. this investigation are encouraged to VII. Ad Valorem Rate for Non-Cooperative 53. Foshan JMA Aluminum Company submit with each argument: (1) A Companies Under Review Limited statement of the issue; (2) a brief VIII. Conclusion 54. Foshan Shanshui Fenglu Aluminum Co., summary of the argument; and (3) a Ltd. table of authorities.14 Appendix II 55. Foshan Shunde Aoneng Electrical Appliances Co., Ltd. Pursuant to 19 CFR 351.310(c), List of Companies for Which We Are 56. Foshan Yong Li Jian Aluminum Co., Ltd. interested parties who wish to request a Rescinding This Administrative Review 57. Fujian Sanchuan Aluminum Co., Ltd. hearing, limited to issues raised in the 1. Acro Import and Export Co. 58. Fuzhou Sunmodo New Energy case and rebuttal briefs, must submit a 2. Activa International Inc. Equipment written request to the Assistant 3. Activa Leisure Inc. 59. Genimex Shanghai, Ltd. Secretary for Enforcement and 4. Allied Maker Limited 60. Global Hi-Tek Precision Co. Ltd 5. Alnan Aluminium Ltd. 61. Global PMX Dongguan Co., Ltd. 13 See 19 CFR 351.309; see also 19 CFR 351.303 6. Alnan Aluminum Co., Ltd. 62. Global Point Technology (Far East) (for general filing requirements). Limited 14 See 19 CFR 351.309(c)(2) and (d)(2). 15 See 19 CFR 351.310(c). 63. Gold Mountain International

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Development, Ltd. 116. Johnson Precision Engineering (Suzhou) 173. Southwest Aluminum (Group) Co., Ltd. 64. Golden Dragon Precise Copper Tube Co., Ltd. 174. Summit Heat Sinks Metal Co, Ltd. Group, Inc. 117. Justhere Co., Ltd. 175. Suzhou JRP Import & Export Co., Ltd. 65. Gran Cabrio Capital Pte. Ltd. 118. Kam Kiu Aluminum Products Sdn Bhd 176. Suzhou New Hongji Precision Part Co. 66. Gree Electric Appliances 119. Kanal Precision Aluminum Product Co., 177. Tai-Ao Aluminum (Taishan) Co. Ltd. 67. GT88 Capital Pte. Ltd. Ltd. 178. Taishan City Kam Kiu Aluminium 68. Guang Ya Aluminium Industries Co. Ltd. 120. Karlton Aluminum Company Ltd. Extrusion Co., Ltd. 69. Guang Ya Aluminium Industries (HK) 121. Kong Ah International Company 179. Taizhou Lifeng Manufacturing Co., Ltd. Ltd. Limited 180. Taizhou Lifeng Manufacturing 70. Guang Ya Aluminum Industries Company 122. Kromet International Corporation, Ltd. Ltd. 123. Kromet International Inc. 181. Taizhou United Imp. & Exp. Co., Ltd. 71. Guangcheng Aluminum Co., Ltd. 124. Kromet Intl Inc. 182. tenKsolar (Shanghai) Co., Ltd. 72. Guangdong Hao Mei Aluminum Co., Ltd. 125. Kunshan Giant Light Metal Technology 183. Tianjin Ganglv Nonferrous Metal 73. Guangdong Jianmei Aluminum Profile Co., Ltd. Materials Co., Ltd. Company Limited 126. Longkou Donghai Trade Co., Ltd. 184. Tianjin Jinmao Import & Export Corp., 74. Guangdong JMA Aluminum Profile 127. Metaltek Group Co., Ltd. Ltd. 128. Metaltek Metal Industry Co., Ltd. Factory (Group) Co., Ltd. 185. Tianjin Ruxin Electric Heat 75. Guangdong Midea 129. Midea Air Conditioning Equipment Co., Transmission Technology Co., Ltd. 76. Guangdong Nanhai Foodstuffs Imp. & Ltd. 186. Tianjin Xiandai Plastic & Aluminum Exp. Co., Ltd. 130. Midea International Trading Co., Ltd. Products Co., Ltd. 77. Guangdong Weiye Aluminum Factory 131. Midea International Training Co., Ltd. 187. Tiazhou Lifeng Manufacturing Co., Ltd. 132. Miland Luck Limited Corporation 78. Guangdong Whirlpool Electrical 133. Nanhai Textiles Import & Export Co., 188. Top-Wok Metal Co., Ltd. Appliances Co., Ltd. Ltd. 79. Guangdong Xin Wei Aluminum Products 134. New Asia Aluminum & Stainless Steel 189. Traffic Brick Network, LLC Co., Ltd. Product Co., Ltd. 190. Union Aluminum (SIP) Co. 80. Guangdong Yonglijian Aluminum Co., 135. New Zhongya Aluminum Factory 191. Union Industry (Asia) Co., Ltd. Ltd. 136. Nidec Sankyo (Zhejang) Corporation 192. USA Worldwide Door Components 81. Guangdong Zhongya Aluminum 137. Nidec Sankyo Zhejiang Corporation (Pinghu) Co., Ltd. Company Ltd. 138. Nidec Sankyo Singapore Pte. Ltd. 193. Wenzhou Shengbo Decoration & 82. Guangzhou Jangho Curtain Wall System 139. Ningbo Coaster International Co., Ltd. Hardware Engineering Co., Ltd. 140. Ningbo Hi Tech Reliable Manufacturing 194. Whirlpool (Guangdong) 83. Guangzhou Mingcan Die-Casting Company 195. Whirlpool Canada L.P. Hardware Products Co., Ltd. 141. Ningbo Innopower Tengda Machinery 196. Whirlpool Microwave Products 84. Hangzhou Xingyi Metal Products Co., 142. Ningbo Ivy Daily Commodity Co., Ltd. Development Ltd. Ltd. 143. Ningbo Yili Import and Export Co., Ltd. 197. WTI Building Products, Ltd. 85. Hanwood Enterprises Limited 144. North China Aluminum Co., Ltd. 198. Xin Wei Aluminum Co.16 86. Hanyung Alcoba Co., Ltd. 145. North Fenghua Aluminum Ltd. 199. Xinya Aluminum & Stainless Steel 87. Hanyung Alcobis Co., Ltd. 146. Northern States Metals Product Co., Ltd. 88. Hanyung Metal (Suzhou) Co., Ltd. 147. PanAsia Aluminum (China) Limited 200. Yuyao Fanshun Import & Export Co., 89. Hao Mei Aluminum Co., Ltd. 148. Pengcheng Aluminum Enterprise Inc. Ltd. 90. Hao Mei Aluminum International Co., 149. Permasteelisa Hong Kong Ltd. 201. Yuyao Haoshen Import & Export Ltd. 150. Permasteelisa South China Factory 202. Zahoqing China Square Industry 91. Hebei Xusen Wire Mesh Products Co., 151. Pingguo Aluminum Company Limited Limited Ltd. 152. Pingguo Asia Aluminum Co., Ltd. 203. Zhaoqing Asia Aluminum Factory 92. Henan New Kelong Electrical Appliances 153. Popular Plastics Company Limited Company Ltd. Co., Ltd. 154. Precision Metal Works Limited 204. Zhaoqing China Square Industrial Ltd. 93. Hong Kong Gree Electric Appliances 155. Press Metal International Ltd. 205. Zhaoqing China Square Industry Sales Limited 156. Samuel, Son & Co., Ltd. Limited 94. Hong Kong Modern Non-Ferrous Metal 157. Sanchuan Aluminum Co., Ltd. 206. Zhaoqing New Zhongya Aluminum Co., 95. Honsense Development Company 158. Sanhua (Hangzhou) Micro Channel Heat Ltd. 96. Hui Mei Gao Aluminum Foshan Co., Ltd. Exchanger Co., Ltd. 207. Zhejiang Anji Xinxiang Aluminum Co., 97. Huixin Aluminum 159. Shangdong Huasheng Pesticide Ltd. 98. IDEX Dinglee Technology (Tianjin) Co., Machinery Co. 208. Zhejiang Yongkang Listar Aluminum Ltd. 160. Shangdong Nanshan Aluminum Co., Industry Co., Ltd. 99. IDEX Health Ltd. 209. Zhejiang Zhengte Group Co., Ltd. 100. IDEX Technology Suzhou Co., Ltd. 161. Shanghai Automobile Air-Conditioner 210. Zhenjiang Xinlong Group Co., Ltd. 101. Innovative Aluminum (Hong Kong) Accessories Co Ltd. 211. Zhongshan Daya Hardware Co., Ltd. Limited 162. Shanghai Automobile Air Conditioner 212. Zhongshan Gold Mountain Aluminum 102. iSource Asia Accessories Ltd. Factory Ltd. 103. Jackson Travel Products Co., Ltd. 163. Shanghai Canghai Aluminum Tube 213. Zhongya Shaped Aluminum (HK) 104. Jangho Curtain Wall Hong Kong Ltd. Packaging Co., Ltd. Holding Limited 105. Jiangmen Jianghai District Foreign 164. Shanghai Dongsheng Metal 214. Zhuhai Runxingtai Electrical Equipment Economic Enterprise Corp. Ltd. 165. Shanghai Shen Hang Imp & Exp Co., 106. Jiangmen Jianghai Foreign Ent. Gen. Ltd. 16 As explained in the Preliminary Decision 107. Jiangmen Qunxing Hardware Diecasting 166. Shanghai Tongtai Precise Aluminum Memorandum, we preliminarily intend to rescind Co., Ltd. Alloy Manufacturing Co. Ltd. the review with respect to Guangdong Xin Wei 108. Jiangsu Changfa Refrigeration Co. 167. Shenyang Yuanda Aluminum Industry Aluminum Products Co., Ltd., Xin Wei Aluminum 109. Jiangyin Suncitygaylin Engineering Co. Ltd. Co. Ltd., and Xin Wei Aluminum Company 110. Jiangyin Trust International Inc. 168. Shenzhen Hudson Technology Limited, which certified that they had no POR 111. Jiangyin Xinhong Doors and Windows Development Co. shipments. A final decision regarding whether to Co., Ltd. 169. Shenzhen Jiuyuan Co., Ltd. rescind the review of this company will be issued with the final results of review. However, no 112. Jiaxing Jackson Travel Products Co., Ltd. 170. Sihui Shi Guo Yao Aluminum Co., Ltd. outstanding review requests exist for Xin Wei 113. Jiaxing Taixin Metal Products Co., Ltd. 171. Sincere Profit Limited Aluminum Co. Therefore, pursuant to these 114. Jiuyan Co., Ltd. 172. Skyline Exhibit Systems (Shanghai) Co. preliminary results, we are hereby rescinding the 115. JMA (HK) Company Limited Ltd. review with respect to Xin Wei Aluminum Co.

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Co., Ltd. Coast (SONCC); endangered Central salmonid populations in the sloughs [FR Doc. 2018–05264 Filed 3–14–18; 8:45 am] California Coast (CCC). and alcoves in the Smith River estuary. BILLING CODE 3510–DS–P Steelhead (O. mykiss): Threatened The researchers propose to capture fish Northern California (NC); threatened using beach seines. Captured fish would Central California Coast (CCC); be captured, handled, and released. The DEPARTMENT OF COMMERCE threatened California Central Valley researchers do not intend to kill any (CCV); threatened South-Central listed fish, but some may die as an National Oceanic and Atmospheric California Coast (S–CCC); endangered inadvertent result of the research. Administration Southern California (SC). 15573–3R RIN 0648–XG088 North American green sturgeon (Acipenser medirostris): Threatened The Glenn-Colusa Irrigation District Endangered and Threatened Species; southern distinct population segment (GCID) is seeking to renew for five years Take of Anadromous Fish (sDPS). a research permit that currently allows Eulachon (Thaleichthys pacificus): them to take juvenile CVSR chinook, AGENCY: National Marine Fisheries Threatened sDPS. SRWR chinook, CCV steelhead and Service (NMFS), National Oceanic and juvenile green sturgeon in the Atmospheric Administration (NOAA), Authority Sacramento River, California. The Commerce. Scientific research permits are issued study’s purpose is to monitor restoration ACTION: Applications for five new in accordance with section 10(a)(1)(A) actions and to detect annular and cyclic scientific research permits and seven of the ESA (16 U.S.C. 1531 et. seq) and population changes. The GCID project permit renewals. regulations governing listed fish and provides the longest and most complete anadromous fish data set on Sacramento SUMMARY: Notice is hereby given that wildlife permits (50 CFR 222–226). NMFS issues permits based on findings River. As a result, the research would NMFS has received twelve scientific benefit the affected species by informing research permit application requests that such permits: (1) Are applied for in good faith; (2) if granted and exercised, operational decisions for state and relating to Pacific salmon, steelhead, Federal water facilities and eulachon, and green sturgeon. The would not operate to the disadvantage of the listed species that are the subject supplementing other out-migrant proposed research is intended to monitoring projects conducted in the increase knowledge of species listed of the permit; and (3) are consistent with the purposes and policy of section Sacramento River Basin. The under the Endangered Species Act researchers propose to use a rotary (ESA) and to help guide management 2 of the ESA. The authority to take listed species is subject to conditions set screw trap to capture the targeted fish. and conservation efforts. The They would then be anesthetized, applications may be viewed online at forth in the permits. Anyone requesting a hearing on an identified to species, measured, have a https://apps.nmfs.noaa.gov/preview/ tissue sample taken for genetic analysis preview_open_for_comment.cfm. application listed in this notice should set out the specific reasons why a (fin clip and scales), and allowed to DATES: Comments or requests for a recover in cool, aerated water before public hearing on the applications must hearing on that application would be appropriate (see ADDRESSES). Such being released back to the stream. The be received at the appropriate address or researchers do not intend to kill any fax number (see ADDRESSES) no later hearings are held at the discretion of the Assistant Administrator for Fisheries, listed fish, but some may die as an than 5 p.m. Pacific standard time on inadvertent result of the research. April 16, 2018. NMFS. ADDRESSES: Written comments on the Applications Received 15730–2R applications should be sent to the The Salmon Protection and Protected Resources Division, NMFS, Permit 1606–2R Watershed Network (SPAWN) is seeking 1201 NE Lloyd Blvd., Suite 1100, Zach Larson and Associates is seeking to renew for five years a research permit Portland, OR 97232–1274. Comments to renew for five years a research permit that currently allows them to take may also be sent by email to that currently allows them to take spawned adult carcasses and juvenile [email protected] (include the juvenile SONCC coho in the Smith CCC coho, CC chinook and CCC permit number in the subject line of River, Morrison Creek, Ranch Bar, steelhead in Lagunitas Creek and email). Saxton Bar Alcove, and Yontocket tributaries, California. The study’s FOR FURTHER INFORMATION CONTACT: Slough in Northern California. The purpose is to provide baseline data on Shivonne Nesbit, Portland, OR (ph.: research may also cause them to take habitat and juvenile and adult salmon 503–231–6741), email: adult eulachon—a species for which abundance throughout the species’ [email protected]). Permit there are currently no ESA take range for CCCCoho. The research would application instructions are available prohibitions. The study’s purpose is to benefit the affected species by providing from the address above, or online at establish baseline data for the data to inform future research, https://apps.nmfs.noaa.gov. comparability between pre-treatment restoration, and conservation efforts. SUPPLEMENTARY INFORMATION: and post-treatment project sites. The researchers propose to use fyke nets Documenting salmonid and non- to capture juvenile fish and observe Species Covered in This Notice salmonid species presence and their adult fish during spawning surveys. The following listed species are habitat use in privately owned portions Captured fish would be anesthetized, covered in this notice: of the Smith River is also needed to identified to species, measured, PIT Chinook salmon (Oncorhynchus identify further habitat enhancement tagged, have a tissue sample taken for tshawytscha): Threatened California opportunities in the Smith River. This genetic analysis (fin clip and scales), Coastal (CC); endangered Sacramento research would benefit the affected and allowed to recover in cool, aerated River winter-run (SRWR); threatened species by informing future restoration water before being released back to the Central Valley spring-run (CVSR). designs, providing data to support stream. The researchers do not intend to Coho salmon (O. kisutch): Threatened future enhancement projects, and kill any listed fish, but some may die as Southern Oregon/Northern California helping managers assess the status of an inadvertent result of the research.

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15824–2R species, measured, PIT tagged, have a listed fish, but some may die as an The County of Santa Cruz is seeking tissue sample taken for genetic analysis inadvertent result of the research. (fin clip and scales), and allowed to to renew for five years a research permit 17428–3R recover in cool, aerated water before that currently allows them to take The U.S. Fish and Wildlife Service juvenile CCC coho, CCC steelhead, and being released back to the stream. The researchers do not intend to kill any (USFWS) is seeking to renew for five S–CCC steelhead in the San Lorenzo years a research permit that currently River and its tributaries, Aptos Creek listed fish, but some may die as an inadvertent result of the research. allows them take juvenile CVSR and its tributaries, Corralitos Creek and Chinook, SRWR Chinook, and juvenile its tributaries, and Soquel Creek and its 16417–2R and adult CCC steelhead on the America tributaries. The study’s purpose is to River, CA. The study’s purpose is to document habitat conditions and collect The Santa Clara Valley Water District (SCVWD) is seeking to renew for five monitor the abundance of juvenile data on juvenile salmonid abundance in salmon, infer biological responses to Santa Cruz County watersheds. The years a research permit that currently allows them take of take juvenile and ongoing habitat restoration activities, research would benefit the affected and generate data for the salmon life species by providing data on salmonid adult CCC steelhead in Guadalupe Creek, Alamitos Creek, Calero Creek, cycle models. The research would spawning and rearing habitat conditions benefit the affected species by informing and thereby help inform habitat Los Gatos Creek, Guadalupe River, Stevens Creek, Coyote Creek, Upper future efforts to enhance the juvenile restoration and conservation efforts and salmonid abundance, production, Penitencia Creek, and Lake Almaden. land and water use decisions. The condition, and survival in the American The study’s purpose is to collect researchers at Santa Cruz County River. The USFWS propose to use a baseline data on O. mykiss population propose to use backpack electrofishing rotary screw trap to capture fish. status, survival rates and migration and beach seines to capture fish and to Captured fish would be anesthetized, patterns. This research would benefit observe fish during snorkel surveys. identified to species, measured, PIT the affected species by filling in data Captured fish would be anesthetized, tagged, have a tissue sample taken for gaps on O. mykiss distribution and identified to species, measured, PIT genetic analysis (fin clip and scales), habitat use in Santa Clara County. The tagged, have a tissue sample taken for and allowed to recover in cool, aerated SCVWD proposes to use backpack and genetic analysis (fin clip and scales), water before being released back to the boat electrofishing to capture fish. The and allowed to recover in cool, aerated stream. The researchers do not intend to researchers would also use Vaki water before being released back to the kill any listed fish, but some may die as Riverwatchers, underwater infrared fish stream. The researchers do not intend to an inadvertent result of the research. kill any listed fish, but some may die as counters, at existing facilities to an inadvertent result of the research. document migration. All captured fish 20622 would be anesthetized, identified to The Confluence Environmental 16110–2R species, measured, PIT tagged, have a Company (CEC) is seeking a five-year The Marin Municipal Water District tissue sample taken for genetic analysis permit to annually take juvenile CC (MMWD) is seeking to renew for five (fin clip and scales), and allowed to Chinook, juvenile SONCC coho, years a research permit that currently recover in cool, aerated water before juvenile NC steelhead, subadult green allows them to take juvenile and adult being released back to the stream. The sturgeon and adult eulachon—a species CCC coho, CCC steelhead, and CC researchers do not intend to kill any for which there are currently no ESA chinook Lagunitas Creek (including two listed fish, but some may die as an take prohibitions—in Humbolt Bay. The tributaries, San Geronimo Creek and inadvertent result of the research. study’s purpose is to compare different Devil’s Gulch) and Walker Creek. The 16544 fish communities using estuarine study’s purpose is to document trends habitats with and without oyster in coho salmon abundance, determine The California Department of Fish aquaculture in Humboldt Bay. The freshwater and marine survival rates for and Wildlife (CDFW) is seeking a five- research would benefit the affected coho salmon, assess the relationship year permit to annually take juvenile species by providing information on the between population trends and and adult SC steelhead in Southern environmental impacts shellfish management efforts, and determine California from Topanga Canyon to aquaculture may have on the listed which coho life stage has the lowest Santa Maria. The purpose of this project animals. The CEC proposes to use fyke survival rates. In Lagunitas Creek, this is to monitor the population status, nets to capture fish. Captured fish research would benefit the affected trends, spatial structure, and life history would be identified to species, and species by providing a consistent diversity of SC steelhead. This research released. The researchers do not intend sampling program as a standardized would benefit the affected species by to kill any listed fish, but some may die method to evaluate salmon populations. providing information to manage and as an inadvertent result of the research. The renewed monitoring program recover the species. The CDFW would maintain Lagunitas Creek as a proposes to use backpack electrofishing, 20792 Coastal Monitoring Program (CMP) life- hand and/or dipnets, beach seines, hook FISHBIO is seeking a five-year permit cycle monitoring station. In Walker and line sampling, minnow traps, fyke to annually take juvenile and adult CCV Creek, the research would benefit the nets, and weirs to capture fish. Fish steelhead, CVSR chinook, and sDPS affected species by providing needed would also be observed during snorkel green sturgeon in the San Joaquin River population data for coho and and spawning surveys. Captured fish and San Joaquin’s river south delta. The steelhead—data needed to inform future would be anesthetized, identified to study’s purpose is to characterize the habitat restoration. The MMWD propose species, measured, PIT tagged, have a spatial distribution of non-native to use backpack electrofishing and tissue sample taken for genetic analysis resident fishes in the San Joaquin River rotatory screw traps to capture fish and (fin clip and scales), and allowed to and delta, and to identify areas of to observe fish during snorkel surveys recover in cool, aerated water before relatively elevated predator abundance. and spawning surveys. Captured fish being released back to the stream. The That information, in turn, would benefit would be anesthetized, identified to researchers do not intend to kill any listed species by increasing our

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understanding of the potential impacts would be identified and measured. After FOR FURTHER INFORMATION CONTACT: predators may be having on juvenile the captured fish have fully recovered in Alicia L. Lewis, MRAC Designated salmonids migrating through this region an aerated live well they would be Federal Officer and Special Counsel to and thus helping inform management released at or near the location of Commissioner Rostin Behnam at (202) decisions. FISHBIO proposes to use boat capture, away from any future 418–5862 or email: [email protected]. electrofishing to capture fish and to electroshocking activities. The SUPPLEMENTARY INFORMATION: observe fish during stream surveys. researchers do not intend to kill any The Captured fish would be immediately listed fish, but some may die as an MRAC was established to conduct placed in an aerated livebox until inadvertent result of the research. public meetings and submit reports and processing (i.e., measuring and This notice is provided pursuant to recommendations to the Commission on recording) is complete, and a partition section 10(c) of the ESA. NMFS will matters of public concern to in the livebox would separate potential evaluate the applications, associated clearinghouses, exchanges, swap predators from prey-sized fish to documents, and comments submitted to execution facilities, swap data eliminate harmful interactions. determine whether the applications repositories, intermediaries, market Captured fish would be identified to meet the requirements of section 10(a) makers, service providers, end-users species, and released. ESA-listed fish of the ESA and Federal regulations. The (e.g., consumers) and the Commission would be kept for as little time as final permit decisions will not be made regarding (1) systemic issues that possible and released before non-listed until after the end of the 30-day threaten the stability of the derivatives species. The researchers do not intend comment period. NMFS will publish markets and other related financial to kill any listed fish, but some may die notice of its final action in the Federal markets, and (2) the impact and as an inadvertent result of the research. Register. implications of the evolving market structure of the derivatives markets and 21499 Dated: March 12, 2018. other related financial markets. The The California Department of Water Angela Somma, duties of the MRAC are solely advisory Resources (DWR) is seeking a five-year Chief, Endangered Species Division, Office and include advising the Commission permit to annually take juvenile SRWR of Protected Resources, National Marine with respect to the effects that Fisheries Service. chinook, CVSR chinook, CCV steelhead developments in the structure of the and sDPS green sturgeon in the [FR Doc. 2018–05257 Filed 3–14–18; 8:45 am] derivatives markets have on the Northern Sacramento River Delta. The BILLING CODE 3510–22–P systemic issues that impact the stability purpose of this project is test if the of the derivatives markets and other removal or reduction of invasive aquatic financial markets. The MRAC also vegetation biomass changes the density COMMODITY FUTURES TRADING makes recommendations to the and composition of the local food web. COMMISSION Commission on how to improve market The research would benefit the affected structure and mitigate risk to support Market Risk Advisory Committee species by providing information on the Commission’s mission of ensuring ways to reduce non-native predator AGENCY: Commodity Futures Trading the integrity of the derivatives markets numbers and helping direct habitat Commission. and monitoring and managing systemic restoration for native fish. The DWR risk. Determinations of actions to be proposes to use boat electrofishing to ACTION: Notice; request for nominations and topic submissions. taken and policy to be expressed with capture fish. Captured fish would be respect to the reports or identified to species, and released. The SUMMARY: The Commodity Futures recommendations of the MRAC are researchers do not intend to kill any Trading Commission (CFTC or made solely by the Commission. listed fish, but some may die as an Commission) is requesting nominations inadvertent result of the research. MRAC members generally serve as for membership on the Market Risk representatives and provide advice 21547 Advisory Committee (MRAC or reflecting the views of organizations and The CDFW is seeking a two-year Committee) and also inviting the entities that constitute the structure of permit to take juvenile SONCC coho, CC submission of potential topics for the derivatives and financial markets. chinook, NC steelhead, CCV steelhead, discussion at future Committee The MRAC may also include regular CCC coho, CVSR chinook, SRWR meetings. The MRAC is a discretionary government employees when doing so chinook, CCC steelhead, SC steelhead, advisory committee established by the furthers purposes of the MRAC. and sDPS green sturgeon. The study’s Commission in accordance with the Historically, the MRAC has had purpose is to assess the condition of the Federal Advisory Committee Act. approximately 30 members with the rivers and streams in California and DATES: The deadline for the submission following types of entities with interests provide a baseline for future of nominations and topics is March 29, in the derivatives markets and systemic comparisons. CDFW is participating in 2018. risk being represented: (i) Exchanges, the USEPA National Rivers and Streams ADDRESSES: Nominations and topics for (ii) clearinghouses, (iii) swap execution Assessment (NRSA), a probability-based discussion at future MRAC meetings facilities, (iv) swap data repositories, (v) survey designed to assess the condition should be emailed to MRAC_ intermediaries, (vi) market makers, (vii) of the Nation’s rivers and streams. [email protected] or sent by hand service providers, (viii) end-users, (ix) NRSA is a keystone program in delivery or courier to Alicia L. Lewis, academia, (x) public interest groups, California that provides data for the MRAC Designated Federal Officer and and (xi) regulators. The MRAC has held National Water Quality Inventory Special Counsel to Commissioner Rostin approximately 2–4 meetings per year. Report to Congress (305(b) report) and Behnam, Commodity Futures Trading MRAC members serve at the pleasure of fulfills the water quality criteria and Commission, Three Lafayette Centre, the Commission. In addition, MRAC water quality monitoring requirements 1155 21st Street NW, Washington, DC members do not receive compensation of the Clean Water Act. The CDFW 20581. Please use the title ‘‘Market Risk or honoraria for their services, and they proposes to capture fish by boat, raft or Advisory Committee’’ for any are not reimbursed for travel and per backpack electrofishing. Captured fish nominations or topics you submit. diem expenses.

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The Commission seeks members who implications of the evolving market that you do not want to be available to represent organizations or groups with structure of the derivatives markets and the public. If furnished at all, such an interest in the MRAC’s mission and other related financial markets. information should be submitted in function and reflect a wide range of Each topic submission should include writing. perspectives and interests related to the the commenter’s name and email or Docket: For access to the docket to derivatives markets and other financial mailing address. read background documents or markets. To advise the Commission Authority: 5 U.S.C. App. II. comments received, go to: http:// effectively, MRAC members must have www.regulations.gov, and insert the a high-level of expertise and experience Dated: March 12, 2018. docket number CPSC–2018–0004, into in the derivatives and financial markets Christopher J. Kirkpatrick, the ‘‘Search’’ box, and follow the and the Commission’s regulation of Secretary of the Commission. prompts. such markets, including from a [FR Doc. 2018–05271 Filed 3–14–18; 8:45 am] FOR FURTHER INFORMATION CONTACT: historical perspective. To the extent BILLING CODE 6351–01–P Rana Balci-Sinha, Director, Division of practicable, the Commission will strive Human Factors, U.S. Consumer Product to select members reflecting wide Safety Commission, 5 Research Place, ethnic, racial, gender, and age CONSUMER PRODUCT SAFETY Rockville, MD 20850–3213; email: representation. MRAC members should COMMISSION [email protected]. be open to participating in a public [Docket No. CPSC–2018–0004] SUPPLEMENTARY INFORMATION: The U.S. forum. Consumer Product Safety Commission The Commission invites the Notice of Availability: Guidance on the (CPSC) staff 1 and Health Canada’s submission of nominations for MRAC Application of Human Factors to Consumer Product Safety Directorate membership. Each nomination Consumer Products (Health Canada) have developed the submission should include relevant draft guidance document, ‘‘Guidance on information about the proposed AGENCY: U.S. Consumer Product Safety the Application of Human Factors to member, such as the individual’s name, Commission. Consumer Products,’’ to help consumer title, and organizational affiliation as ACTION: Notice of availability. product manufacturers integrate human well as information that supports the factors principles into the product individual’s qualifications to serve on SUMMARY: The Consumer Product Safety development process. The draft the MRAC. The submission should also Commission (Commission, or CPSC) is guidance document provides include suggestions for topics for announcing the availability of a draft recommendations to improve the discussion at future MRAC meetings as document titled, ‘‘Guidance on the usability and reduce the use-related well as the name and email or mailing Application of Human Factors to hazards associated with consumer address of the person nominating the Consumer Products.’’ proposed member. products. Many product-related injuries DATES: Submit comments by May 14, can be prevented by better user-centered Submission of a nomination is not a 2018. guarantee of selection as a member of design. Providing the consumer product the MRAC. As noted in the MRAC’s ADDRESSES: You may submit comments, industry with general human factors Membership Balance Plan, the CFTC identified by Docket No. CPSC–2018– principles and guidance, and how these identifies members for the MRAC based 0004, by any of the following methods: principles can be applied to their on Commissioners’ and Commission Electronic Submissions: Submit products, can help reduce product- staff professional knowledge of the electronic comments to the Federal related incidents and reduce costly derivatives and other financial markets, eRulemaking Portal at: http:// compliance and enforcement actions. consultation with knowledgeable www.regulations.gov. Follow the The draft guidance document is persons outside the CFTC, and requests instructions for submitting comments. intended for industry stakeholders, to be represented received from The Commission does not accept designers, and manufacturers in the organizations. The office of the comments submitted by electronic mail consumer product sector. This draft Commissioner primarily responsible for (email), except through guidance can be tailored to meet the the MRAC plays a primary, but not www.regulations.gov. The Commission needs of a particular product, exclusive, role in this process and encourages you to submit electronic recognizing that not all practices apply makes recommendations regarding comments by using the Federal to all products. membership to the Commission. The eRulemaking Portal, as described above. The draft guidance document is not a Commission, by vote, authorizes Written Submissions: Submit written rule and does not establish legally members to serve on the MRAC. submissions by mail/hand delivery/ enforceable responsibilities. In addition, the Commission invites courier to: Office of the Secretary, The draft guidance document is submissions from the public regarding Consumer Product Safety Commission, available on the Commission’s website the topics on which MRAC should Room 820, 4330 East West Highway, at: https://www.cpsc.gov/s3fs-public/ focus. In other words, topics that: Bethesda, MD 20814; telephone (301) HF-Standard-Practice-Draft- (a) Reflect matters of public concern 504–7923. 12Feb2018.pdf?CGk4Zs9GabjCn to clearinghouses, exchanges, swap Instructions: All submissions received Z5RXQuSlr2toQ1aLPhJ and from the execution facilities, swap data must include the agency name and Commission’s Office of the Secretary at repositories, intermediaries, market docket number for this notice. All the location listed in the ADDRESSES makers, service providers, end-users comments received may be posted section of this notice. and the Commission regarding systemic without change, including any personal The Commission invites comment on issues that impact the stability of the identifiers, contact information, or other the draft document, ‘‘Guidance on the derivatives markets and other related personal information provided, to: Application of Human Factors to financial markets; and/or http://www.regulations.gov. Do not 1 This document was prepared under the (b) Are important to otherwise assist submit confidential business direction of CPSC staff and has not been reviewed the Commission in identifying and information, trade secret information, or and does not necessarily reflect the views of the understanding the impact and other sensitive or protected information Commission.

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Consumer Products.’’ Comments should end of Holden Beach. The proposed issues that are addressed in the FEIS. be submitted by May 14, 2018. terminal groin and beach fillet is the Public interest issues include, but are Information on how to submit Town’s Applicant Preferred alternative not limited to, the following: public comments can be found in the (Alternative 6—Intermediate Terminal safety, aesthetics, recreation, navigation, ADDRESSES section of this notice. Groin and Beach Nourishment) of six infrastructure, economics, and noise alternatives considered in this pollution. Additional issues may be Alberta E. Mills, document. Under the Applicant’s identified during the public review Secretary, Consumer Product Safety preferred alternative, the main stem of process. Issues initially identified as Commission. the terminal groin would include a 700- potentially significant include: [FR Doc. 2018–05208 Filed 3–14–18; 8:45 am] foot long segment extending seaward a. Potential impacts to marine BILLING CODE 6355–01–P from the toe of the primary dune and a biological resources (burial of benthic 300-foot anchor segment extending organisms, passageway for fish and landward from the toe of the primary other marine life) and Essential Fish DEPARTMENT OF DEFENSE dune. The groin would also include a Habitat. 120-ft-long shore-parallel T-Head b. Potential impacts to threatened and Department of the Army, Corps of segment centered on the seaward endangered marine mammals, reptiles, Engineers terminus of the main stem designed to birds, fish, and plants. prevent flanking. This is expected to Notice of Availability of the Final c. Potential for effects/changes to have more of a stabilizing effect on the Environmental Impact Statement Holden Beach, Oak Island, Lockwoods shoreline and minimize formation of (FEIS) for the Holden Beach East End Folly inlet, and the AIWW respectively. potential offshore rip currents and sand d. Potential impacts to navigation. Shore Protection Project With losses during extreme wave conditions. e. Potential effects on federal Installation of a Terminal Groin The seaward section of the groin navigation maintenance regimes, Structure at the Eastern End of Holden would be constructed with loosely including the Federal project. Beach, Extending Into the Atlantic placed 4- to 5-ft-diameter granite armor f. Potential effects of shoreline Ocean, West of Lockwoods Folly Inlet stone to facilitate the movement of sand protection. (Brunswick County, NC) past the structure, and would have a g. Potential impacts on public health AGENCY: Department of the Army, U.S. crest width of ∼5 ft and a base width of and safety. Army Corps of Engineers, DoD. ∼40 ft, while the underlying geo-textile h. Potential impacts to recreational ACTION: Notice of availability. base layer would have a slightly greater and commercial fishing. width of ∼45 ft. The shore anchorage i. Potential impacts to cultural SUMMARY: The U.S. Army Corps of segment would be entirely buried at the resources. Engineers (USACE), Wilmington completion of groin construction and j. Potential impacts to future dredging District, Wilmington Regulatory Field would remain buried so long as the and nourishment activities. Office has received a request for position of the MHW line remains 3. Alternatives. Six alternatives are Department of the Army authorization, seaward of the initial post-construction being considered for the proposed pursuant to Section 404 of the Clean primary dune line. The intermediate project. These alternatives, including Water Act and Section 10 of the Rivers groin would be designed to be a the No Action alternative, were further and Harbor Act, from the Town of relatively low-profile structure to formulated and developed during the Holden Beach to install a terminal groin maximize sand overpassing and to scoping process and are considered in structure on the east end of Holden minimize impacts to beach recreation the FEIS. A summary of alternatives Beach, extending into the Atlantic and aesthetics. under consideration are provided Ocean, just west of Lockwoods Folly The proposed terminal groin is one of below: Inlet. four such structures approved by the a. Alternative 1—No Action (Continue General Assembly to be constructed in Current Management Practices); DATES: Written comments on the FEIS North Carolina following passing of b. Alternative 2—Abandon and will be received until 7 p.m., April 16, Senate Bill (SB) 110. The USACE Retreat; 2018. determined that there is sufficient c. Alternative 3—Beach Nourishment ADDRESSES: Copies of comments and information to conclude that the project Only; questions regarding the FEIS may be would result in significant adverse d. Alternative 4—Inlet Management submitted to: U.S. Army Corps of impact on the human environment, and and Beach Nourishment; Engineers (Corps), Wilmington District, has prepared a FEIS pursuant to the e. Alternative 5—Short Terminal Regulatory Division, c/o Mr. Mickey National Environmental Policy Act Groin with Beach Nourishment; Sugg. ATTN: File Number SAW–2011– (NEPA) to evaluate the environmental f. Alternative 6—Intermediate 01914, 69 Darlington Avenue, effects of the alternatives considering Terminal Groin with Beach Wilmington, NC 28403. the project’s purpose and need. The Nourishment/Applicants Preferred FOR FURTHER INFORMATION CONTACT: purpose and need of the proposed Alternative. Questions about the proposed action Holden Beach East End Shore Protection 4. Scoping Process. Project Review and FEIS can be directed to Mr. Mickey Project is to provide shoreline Team meetings were held to receive Sugg, Wilmington Regulatory Field protection that would mitigate ongoing comments and assess concerns Office, telephone: (910) 251–4811 or chronic erosion on the eastern portion regarding the appropriate scope and [email protected]. on the Town’s oceanfront shoreline so preparation of the FEIS. Federal, state, SUPPLEMENTARY INFORMATION: as to preserve the integrity of its public and local agencies and other interested 1. Project Description. The Town of infrastructure, provide protection to organizations and persons participated Holden Beach is seeking Federal and existing development, and ensure the in these Project Review Team meetings. State authorization for construction of a continued public use of the oceanfront The Corps has initiated consultation terminal groin, and associated beach beach along this area. with the United States Fish and Wildlife fillet with required long-term 2. Issues. There are several potential Service pursuant to the Endangered maintenance, to be located at the eastern environmental and public interest Species Act and the Fish and Wildlife

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Coordination Act. The Corps has also 2018–ICCD–0001. Comments submitted Total Estimated Number of Annual initiated consultation with the National in response to this notice should be Burden Hours: 3,202. Marine Fisheries Service pursuant to the submitted electronically through the Abstract: This package requests Magnuson-Stevens Act and Endangered Federal eRulemaking Portal at http:// clearance for data collection activities to Species Act. The Corps has coordinated www.regulations.gov by selecting the support an evaluation of with the State Department of Cultural Docket ID number or via postal mail, departmentalized instruction in Resources pursuant to Section 106 of commercial delivery, or hand delivery. elementary schools. This evaluation is the National Historic Preservation Act. Please note that comments submitted by authorized by Title VII Section 8601 of Potential water quality concerns will fax or email and those submitted after the Elementary and Secondary be addressed pursuant to Section 401 of the comment period will not be Education Act, as amended most the Clean Water Act through accepted. Written requests for recently in 2015 by the Every Student coordination with the North Carolina information or comments submitted by Succeeds Act (ESSA). ESSA gives states Divisions of Coastal Management (DCM) postal mail or delivery should be considerable flexibility in designing and Water Resources (DWR). This addressed to the Director of the systems to hold their schools coordination will ensure consistency Information Collection Clearance accountable for improving student with the Coastal Zone Management Act Division, U.S. Department of Education, achievement. This flexibility extends to and project compliance with water 400 Maryland Avenue SW, LBJ, Room the types of strategies that states quality standards. The Corps has 216–32, Washington, DC 20202–4537. encourage or require their low- performing schools to adopt. However, coordinated closely with DCM in the FOR FURTHER INFORMATION CONTACT: For development of the FEIS to ensure the specific questions related to collection many strategies in use have little to no process complies with State activities, please contact Thomas Wei, evidence of effectiveness. More research is needed to help states identify Environmental Policy Act (SEPA) 202–341–0626. requirements, as well as the NEPA strategies that are likely to help their SUPPLEMENTARY INFORMATION: The low-performing schools improve. requirements. The FEIS has been Department of Education (ED), in designed to consolidate both NEPA and One potential strategy that has accordance with the Paperwork recently become more popular in upper SEPA processes to eliminate Reduction Act of 1995 (PRA) (44 U.S.C. duplications. elementary school grades is to 3506(c)(2)(A)), provides the general departmentalize instruction, where each 5. Availability of the FEIS. The FEIS public and Federal agencies with an has been published and circulated. The teacher specializes in teaching one opportunity to comment on proposed, subject to multiple classes of students FEIS for the proposal can be found at revised, and continuing collections of the following link: http:// instead of teaching all subjects to a information. This helps the Department single class of students (self-contained www.saw.usace.army.mil/Missions/ assess the impact of its information instruction). However, virtually no RegulatoryPermitProgram/MajorProjects collection requirements and minimize evidence exists on its effectiveness under Holden Beach Terminal Groin— the public’s reporting burden. It also relative to the more traditional self- Corps ID # SAW–2011–01914. helps the public understand the contained approach. This evaluation Dated: March 8, 2018. Department’s information collection will help to fill the gap by examining Scott McLendon, requirements and provide the requested whether departmentalizing fourth and Chief, Regulatory Division. data in the desired format. ED is fifth grade teachers improves teacher [FR Doc. 2018–05244 Filed 3–14–18; 8:45 am] soliciting comments on the proposed and student outcomes. The evaluation BILLING CODE 3720–58–P information collection request (ICR) that will focus on math and reading, with an is described below. The Department of emphasis on low-performing schools Education is especially interested in that serve a high percentage of public comment addressing the DEPARTMENT OF EDUCATION disadvantaged students. following issues: (1) Is this collection The evaluation will include [Docket No.: ED–2018–ICCD–0001] necessary to the proper functions of the implementation and impact analyses. Department; (2) will this information be The implementation analysis will Agency Information Collection processed and used in a timely manner; describe schools’ approaches to Activities; Submission to the Office of (3) is the estimate of burden accurate; departmentalization and benefits and Management and Budget for Review (4) how might the Department enhance challenges encountered. The analysis and Approval; Comment Request; the quality, utility, and clarity of the will be based on information from Impact Evaluation of Departmentalized information to be collected; and (5) how schools’ study agreement form; meetings Instruction in Elementary Schools might the Department minimize the to design each school’s approach to burden of this collection on the departmentalization; monitoring and AGENCY: Institute of Education Sciences respondents, including through the use support calls with schools; a principal (IES), Department of Education (ED). of information technology. Please note interview; and a teacher survey. The ACTION: Notice. that written comments received in impact analysis will draw on data from response to this notice will be a teacher survey, videos of classroom SUMMARY: In accordance with the considered public records. instruction, a principal interview, and Paperwork Reduction Act of 1995, ED is Title of Collection: Impact Evaluation district administrative records to proposing a new information collection. of Departmentalized Instruction in estimate the impact of departmentalized DATES: Interested persons are invited to Elementary Schools. instruction on various outcomes. The submit comments on or before May 14, OMB Control Number: 1850—NEW. outcomes include the quality of 2018. Type of Review: A new information instruction and student-teacher ADDRESSES: To access and review all the collection. relationships, teacher satisfaction and documents related to the information Respondents/Affected Public: retention, and student achievement and collection listed in this notice, please Individuals or Households. behavior. These various data collection use http://www.regulations.gov by Total Estimated Number of Annual activities will be carried out between searching the Docket ID number ED– Responses: 8,531. spring 2018 and fall 2020, although

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most of the activities with the exception will enable CIG to provide an Dated: March 9, 2018. of the administrative data will take incremental 230 million cubic feet per Kimberly D. Bose, place only once during the first year day (MMscf/d) of northbound capacity Secretary. treatment schools implement along Line Nos. 5A and 5B from points [FR Doc. 2018–05232 Filed 3–14–18; 8:45 am] departmentalized instruction (2018– of receipt in the DJ Basin to the BILLING CODE 6717–01–P 2019 school year). Cheyenne Hub. As a result of the Dated: March 12, 2018. project, CIG will increase its mainline Stephanie Valentine, northbound capability from 315 MMscf/ DEPARTMENT OF ENERGY d to 545 MMscf/d. Additionally, the Acting Director, Information Collection Federal Energy Regulatory Clearance Division, Office of the Chief Privacy delivery capability into the high Officer, Office of Management. pressure pool at the Cheyenne Hub will Commission [FR Doc. 2018–05258 Filed 3–14–18; 8:45 am] increase from 255 MMscf/d to 505 [Docket No. AD18–5–000] BILLING CODE 4000–01–P MMscf/d. The estimated cost for the project is approximately $14.5 million. Review of Cost Submittals by Other Pursuant to section 157.9 of the Federal Agencies for Administering DEPARTMENT OF ENERGY Commission’s rules, 18 CFR 57.9, Part I of the Federal Power Act; Notice within 90 days of this Notice the of Technical Conference Federal Energy Regulatory Commission staff will either: Complete In an order issued on October 8, 2004, Commission its environmental assessment (EA) and the Commission set forth a guideline for [Docket No. CP18–94–000] place it into the Commission’s public Other Federal Agencies (OFAs) to record (eLibrary) for this proceeding; or submit their costs related to Colorado Interstate Gas Company, issue a Notice of Schedule for Administering Part I of the Federal L.L.C.; Notice of Request Under Environmental Review. If a Notice of Power Act.1 The Commission required Blanket Authorization Schedule for Environmental Review is OFAs to submit their costs using the issued, it will indicate, among other Take notice that on February 27, 2018, OFA Cost Submission Form. The milestones, the anticipated date for the October 8 Order also announced that a Colorado Interstate Gas Company, L.L.C. Commission staff’s issuance of the final (CIG) Post Office Box 1087, Colorado technical conference would be held for environmental impact statement (FEIS) the purpose of reviewing the submitted Springs, Colorado 80944, filed in Docket or EA for this proposal. The filing of the No. CP18–94–000 a prior notice request cost forms and detailed supporting EA in the Commission’s public record documentation. pursuant to sections 157.205, for this proceeding or the issuance of a 157.208(b), 157.210 and 157.216 of the The Commission will hold a technical Notice of Schedule for Environmental conference for reviewing the submitted Commission’s regulations under the Review will serve to notify federal and Natural Gas Act for authorization for the OFA costs. The purpose of the state agencies of the timing for the conference will be for OFAs and CIG 2018 Line Nos. 5A and 5B completion of all necessary reviews, and Expansion Project, which consists on licensees to discuss costs reported in the the subsequent need to complete all forms and any other supporting modifying certain existing compression federal authorizations within 90 days of facilities located at the Cheyenne Hub in documentation or analyses. the date of issuance of the Commission The technical conference will be held Weld County, Colorado, all as more staff’s FEIS or EA. fully set forth in the application which on March 29, 2018, in Conference Room is on file with the Commission and open Any person may, within 60 days after 3M–3 at the Commission’s headquarters, to public inspection. The filing may also the issuance of the instant notice by the 888 First Street NE, Washington, DC. be viewed on the web at http:// Commission, file pursuant to Rule 214 The technical conference will begin at www.ferc.gov using the eLibrary link. of the Commission’s Procedural Rules 2:00 p.m. (EST). Enter the docket number excluding the (18 CFR 385.214) a motion to intervene The technical conference will also be last three digits in the docket number or notice of intervention. Any person transcribed. Those interested in field to access the document. For filing to intervene or the Commission’s obtaining a copy of the transcript assistance, please contact FERC Online staff may, pursuant to section 157.205 of immediately for a fee should contact the Support at FERCOnlineSupport@ the Commission’s Regulations under the Ace-Federal Reporters, Inc., at 202–347– ferc.gov or toll free at (866) 208–3676, or Natural Gas Act (NGA) (18 CFR 157.205) 3700, or 1–800–336–6646. Two weeks TTY, contact (202) 502–8659. file a protest to the request. If no protest after the post-forum meeting, the Any questions concerning this is filed within the time allowed transcript will be available for free on application may be directed to therefore, the proposed activity shall be the Commission’s e-library system. Francisco Tarin, Director, Regulatory deemed to be authorized effective the Anyone without access to the Affairs, Colorado Interstate Gas day after the time allowed for protest. If Commission’s website or who has Company, L.L.C., P.O. Box 1087, a protest is filed and not withdrawn questions about the technical Colorado Springs, Colorado 80944, at within 30 days after the time allowed conference should contact Raven A. (703) 667–7517. for filing a protest, the instant request Rodriguez at (202) 502–6276 or via Specifically, CIG proposes to modify shall be treated as an application for email at [email protected]. its existing CIG Cheyenne Compressor authorization pursuant to section 7 of FERC conferences are accessible Station, CIG Cheyenne Jumper the NGA. under section 508 of the Rehabilitation Compressor Station, and CIG Front The Commission strongly encourages Act of 1973. For accessibility Range Jumper Compressor Station electronic filings of comments, protests, accommodations please send an email located in Weld County, Colorado to and interventions via the internet in lieu to [email protected] or call toll free allow for additional transportation of paper. See 18 CFR 385.2001(a)(1)(iii) 1 and the instructions on the Order On Rehearing Consolidating service from mainline receipt points Administrative Annual Charges Bill Appeals And along the Colorado Front Range to the Commission’s website (www.ferc.gov) Modifying Annual Charges Billing Procedures, 109 Cheyenne Hub Complex. The project under the ‘‘e-Filing’’ link. FERC 61,040 (2004) (October 8 Order).

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(866) 208–3372 (voice), (202) 208–8659 certain obligations imposed on the DEPARTMENT OF ENERGY (TTY), or send a FAX to 202–208–2106 Participating Members under sections with the required accommodations. 292.303(a) and 292.303(b) of the Federal Energy Regulatory 3 Commission Dated: March 9, 2018. Commission’s Regulations implementing section 210 of the Public Kimberly D. Bose, Combined Notice of Filings #1 Secretary. Utility Regulatory Policies Act of 1978, [FR Doc. 2018–05231 Filed 3–14–18; 8:45 am] all as more fully explained in the Take notice that the Commission petition. received the following electric corporate BILLING CODE 6717–01–P Any person desiring to intervene or to filings: protest this filing must file in Docket Numbers: EC18–65–000. DEPARTMENT OF ENERGY accordance with Rules 211 and 214 of Applicants: Franklin Resources, Inc. the Commission’s Rules of Practice and Description: Request for Federal Energy Regulatory Reauthorization and Extension of Procedure (18 CFR 385.211, 385.214). Commission Blanket Authorizations Under Section Protests will be considered by the 203 of the Federal Power Act. of Commission in determining the [Docket No. EL18–125–000] Franklin Resources, Inc. appropriate action to be taken, but will Filed Date: 3/8/18. Associated Electric Cooperative, Inc.; not serve to make protestants parties to Accession Number: 20180308–5180. Notice of Petition for Partial Waiver the proceeding. Any person wishing to Comments Due: 5 p.m. ET 3/29/18. Take notice that on March 9, 2018, become a party must file a notice of Docket Numbers: EC18–66–000. pursuant to section 292.402 of the intervention or motion to intervene, as Applicants: Florida Power & Light Federal Energy Regulatory appropriate. Such notices, motions, or Company. Commission’s (Commission) Rules and protests must be filed on or before the Description: Application for Regulations,1 18 CFR 292.402 (2018), comment date. Anyone filing a motion Authorization Under Section 203 of the Associated Electric Cooperative, Inc. to intervene or protest must serve a copy Federal Power Act and Request for (Associated Electric), on behalf of 56 of that document on the Applicant. Expedited Action of Florida Power & rural electric cooperative member- The Commission encourages Light Company. owners (collectively, the Participating electronic submission of protests and Filed Date: 3/8/18. Members),2 request a partial waiver of Accession Number: 20180308–5181. interventions in lieu of paper using the Comments Due: 5 p.m. ET 3/29/18. eFiling link at http://www.ferc.gov. 1 18 CFR 292.402 (2017). Docket Numbers: EC18–67–000. Persons unable to file electronically 2 Associated Electric Cooperative, Incorporated’s Applicants: Elk City II Wind, LLC, Elk Participating Member-Owners joining in this should submit an original and 5 copies City Renewables II, LLC. petition are Central Electric Power Cooperative, of the protest or intervention to the Description: Application for Boone Electric Cooperative, Callaway Electric Federal Energy Regulatory Commission, Cooperative, Central Missouri Electric Cooperative, Authorization Under Section 203 of the Inc., CO–MO Electric Cooperative, Inc., 888 First Street NE, Washington, DC Federal Power Act and Request for Consolidated Electric Cooperative, Cuivre River 20426. Expedited Action of Elk City II Wind, Electric Cooperative, Inc., Howard Electric LLC, et. al. Cooperative, Inc., Three Rivers Electric Cooperative, This filing is accessible on-line at KAMO Electric Cooperative, Inc., Barry Electric http://www.ferc.gov, using the eLibrary Filed Date: 3/8/18. Cooperative, Inc., Barton County Electric link and is available for review in the Accession Number: 20180308–5185. Cooperative, Inc., Cookson Hills Electric Commission’s Public Reference Room in Comments Due: 5 p.m. ET 3/29/18. Cooperative, Inc., East Central Oklahoma Electric Cooperative, Inc., Indian Electric Cooperative, Inc., Washington, DC. There is an Take notice that the Commission Kiamichi Electric Cooperative, Inc., Lake Region eSubscription link on the website that received the following electric rate Electric Cooperative, Inc., New-Mac Electric enables subscribers to receive email filings: Cooperative, Inc., Northeast Oklahoma Electric Docket Numbers: ER10–3028–003. Cooperative, Inc., Osage Valley Electric Cooperative notification when a document is added Association, Inc., Ozark Electric Cooperative, Inc., to a subscribed docket(s). For assistance Applicants: Elk Hills Power, LLC. Ozarks Electric Cooperative Corp., Sac Osage with any FERC Online service, please Description: Notice of Non-Material Electric Cooperative, Inc., Southwest Electric Change in Status of Elk Hills Power, Cooperative, Verdigris Valley Electric Cooperative, email [email protected], or call (866) 208–3676 (toll free). For TTY, LLC. Inc., White River Valley Electric Cooperative, Inc., Filed Date: 3/8/18. M&A Electric Power Cooperative, Black River call (202) 502–8659. Electric Cooperative, Ozark Border Electric Accession Number: 20180308–5178. Cooperative, Pemiscot-Dunklin Electric Comment Date: 5:00 p.m. Eastern time Comments Due: 5 p.m. ET 3/29/18. Cooperative, Inc., SEMO Electric Cooperative, Inc., on March 30, 2018. Docket Numbers: ER17–2074–001; Northeast Missouri Electric Power Cooperative, Access Energy Cooperative, Chariton Valley Electric Dated: March 9, 2018. ER10–2538–008; ER14–1317–007. Cooperative, Inc., Lewis County Rural Electric Kimberly D. Bose, Applicants: Burney Forest Products, Cooperative Association, Macon Electric A Joint Venture, Panoche Energy Center, Cooperative, Missouri Rural Electric Cooperative, Secretary. LLC, Sunshine Gas Producers, LLC. Ralls County Electric Cooperative, Southern Iowa [FR Doc. 2018–05233 Filed 3–14–18; 8:45 am] Electric Cooperative, Tri-County Electric Description: Notice of Non-Material Cooperative Association, NW Electric Power BILLING CODE 6717–01–P Change in Status of Burney Forest Cooperative, Inc., Atchison-Holt Electric Products, A Joint Venture, et al. Cooperative, Farmers’ Electric Cooperative, Inc., Filed Date: 3/8/18. Grundy Electric Cooperative, Inc., North Central Accession Number: 20180308–5190. Missouri Electric Cooperative, Inc., Platte-Clay Electric Cooperative, Inc., United Electric Comments Due: 5 p.m. ET 3/29/18. Cooperative, Inc., West Central Electric Docket Numbers: ER18–980–000. Cooperative, Inc., Sho-Me Power Electric Applicants: PacifiCorp. Cooperative, Crawford Electric Cooperative, Gascosage Electric Cooperative, Howell-Oregon Cooperative, Se-Ma-No Electric Cooperative, and Description: Notice of Termination of Electric Cooperative, Inc., Intercounty Electric Webster Electric Cooperative. LGIA Facilities Maintenance Service Cooperative Association, Laclede Electric 3 18 CFR 292.303(a) and (b) (2012). Agreement No. 580 of PacifiCorp.

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Filed Date: 3/8/18. requirements, interventions, protests, [email protected]. The mailing Accession Number: 20180308–5114. service, and qualifying facilities filings address for each contact person is: Comments Due: 5 p.m. ET 3/29/18. can be found at: http://www.ferc.gov/ Office of Pesticide Programs, Docket Numbers: ER18–981–000. docs-filing/efiling/filing-req.pdf. For Environmental Protection Agency, 1200 Applicants: Southern California other information, call (866) 208–3676 Pennsylvania Ave. NW, Washington, DC Edison Company. (toll free). For TTY, call (202) 502–8659. 20460–0001. As part of the mailing Description: Tariff Cancellation: Dated: March 9, 2018. address, include the contact person’s Notices of Cancellation of IFA & Distrib Nathaniel J. Davis, Sr., name, division, and mail code. The Serv Agmt RCWMD to be effective 2/28/ division to contact is listed at the end Deputy Secretary. 2018. of each application summary. [FR Doc. 2018–05225 Filed 3–14–18; 8:45 am] Filed Date: 3/8/18. SUPPLEMENTARY INFORMATION: Accession Number: 20180308–5169. BILLING CODE 6717–01–P Comments Due: 5 p.m. ET 3/29/18. I. General Information Docket Numbers: ER18–982–000. A. Does this action apply to me? Applicants: Midcontinent ENVIRONMENTAL PROTECTION AGENCY You may be potentially affected by Independent System Operator, Inc. this action if you are an agricultural Description: § 205(d) Rate Filing: [EPA–HQ–OPP–2015–0787; FRL–9974–71] producer, food manufacturer, or 2018–03–09 SA 6510 MISO-Cleco pesticide manufacturer. The following Renewal SSR Agreement for Teche Unit Pesticide Product Registration; list of North American Industrial No. 3 to be effective 4/1/2018. Receipt of Applications for Classification System (NAICS) codes is Filed Date: 3/9/18. Pyroxasulfone New Uses not intended to be exhaustive, but rather Accession Number: 20180309–5025. Comments Due: 5 p.m. ET 3/30/18. AGENCY: Environmental Protection provides a guide to help readers Agency (EPA). determine whether this document Docket Numbers: ER18–983–000. ACTION: Notice. applies to them. Potentially affected Applicants: Public Service Company entities may include: of New Mexico. SUMMARY: EPA has received applications • Crop production (NAICS code 111). Description: § 205(d) Rate Filing: First to register new uses for pesticide • Animal production (NAICS code Revised Transmission Service products containing currently registered 112). Agreement 489 between PNM and El pyroxasulfone. Pursuant to the Federal • Food manufacturing (NAICS code Cabo Wind to be effective 2/27/2018. Insecticide, Fungicide, and Rodenticide 311). Filed Date: 3/9/18. Act (FIFRA), EPA is hereby providing • Pesticide manufacturing (NAICS Accession Number: 20180309–5035. code 32532). Comments Due: 5 p.m. ET 3/30/18. notice of receipt and opportunity to comment on these applications. Docket Numbers: ER18–984–000. B. What should I consider as I prepare Applicants: PJM Interconnection, DATES: Comments must be received on my comments for EPA? or before April 16, 2018. L.L.C. 1. Submitting CBI. Do not submit this Description: § 205(d) Rate Filing: ADDRESSES: Submit your comments, information to EPA through Original WMPA, SA No. 4953; Queue identified by the Docket Identification regulations.gov or email. Clearly mark No. AC2–074 to be effective 2/21/2018. (ID) Number and the File Symbol of the part or all of the information that Filed Date: 3/9/18. interest as show in the body of this you claim to be CBI. For CBI Accession Number: 20180309–5072. document, by one of the following information in a disk or CD–ROM that Comments Due: 5 p.m. ET 3/30/18. methods: • you mail to EPA, mark the outside of the Docket Numbers: ER18–985–000. Federal eRulemaking Portal: http:// disk or CD–ROM as CBI and then Applicants: Southwest Power Pool, www.regulations.gov. Follow the online identify electronically within the disk or Inc. instructions for submitting comments. CD–ROM the specific information that Description: § 205(d) Rate Filing: Tri- Do not submit electronically any is claimed as CBI. In addition to one State Generation and Transmission information you consider to be complete version of the comment that Association Depreciation Rates to be Confidential Business Information (CBI) includes information claimed as CBI, a effective 7/1/2018. or other information whose disclosure is copy of the comment that does not Filed Date: 3/9/18. restricted by statute. • contain the information claimed as CBI Accession Number: 20180309–5079. Mail: OPP Docket, Environmental must be submitted for inclusion in the Comments Due: 5 p.m. ET 3/30/18. Protection Agency Docket Center (EPA/ public docket. Information so marked The filings are accessible in the DC), (28221T), 1200 Pennsylvania Ave. will not be disclosed except in Commission’s eLibrary system by NW, Washington, DC 20460–0001. • accordance with procedures set forth in clicking on the links or querying the Hand Delivery: To make special 40 CFR part 2. docket number. arrangements for hand delivery or 2. Tips for preparing your comments. Any person desiring to intervene or delivery of boxed information, please When preparing and submitting your protest in any of the above proceedings follow the instructions at http:// comments, see the commenting tips at must file in accordance with Rules 211 www.epa.gov/dockets/contacts.html. http://www.epa.gov/dockets/ and 214 of the Commission’s Additional instructions on comments.html. Regulations (18 CFR 385.211 and commenting or visiting the docket, 385.214) on or before 5:00 p.m. Eastern along with more information about II. Registration Applications time on the specified comment date. dockets generally, is available at http:// EPA has received applications to Protests may be considered, but www.epa.gov/dockets. register new uses for pesticide products intervention is necessary to become a FOR FURTHER INFORMATION CONTACT: containing pyroxasulfone a currently party to the proceeding. Michael Goodis, Registration Division registered active ingredients. Pursuant eFiling is encouraged. More detailed (7505P), main telephone number: (703) to the provisions of FIFRA section information relating to filing 305–7090; email address: 3(c)(4) (7 U.S.C. 136a(c)(4)), EPA is

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hereby providing notice of receipt and Crystal Drive, Arlington, VA, in the II. Background opportunity to comment on these lobby-level Conference Center. The PPDC is a federal advisory applications. Notice of receipt of these EPA’s Potomac Yard South Bldg. is committee chartered under the Federal applications does not imply a decision approximately 1 mile from the Crystal Advisory Committee Act (FACA), Public by the Agency on these applications. City Metro Station. Law 92–463. EPA established the PPDC EPA Registration Numbers: 63588–91 in September 1995 to provide advice FOR FURTHER INFORMATION CONTACT: Dea and 63588–92. Docket ID Number: EPA– and recommendations to the EPA HQ–OPP–2015–0787. Applicant: K–I Zimmerman, Office of Pesticide Programs (L–17J), Environmental Administrator on issues associated with Chemical USA, Inc., 11 Martine Ave., pesticide regulatory development and Suite 970, White Plains, NY 10606. Protection Agency, 77 W Jackson Boulevard, Chicago, IL 60604; telephone reform initiatives, evolving public Active Ingredient: Pyroxasulfone. policy and program implementation Product Type: Herbicide. Proposed number: (312) 353–6344; email address: [email protected]. issues, and science issues associated Uses: Crop Subgroup 1C, tuberous and with evaluating and reducing risks from corm vegetables (except granular/flakes SUPPLEMENTARY INFORMATION: use of pesticides. The following sectors and chips); Crop Subgroup 3–07, bulb I. General Information are represented on the current PPDC: vegetables; potatoes, granular/flakes and Environmental/public interest and potato chips. Contact: RD. A. Does this action apply to me? animal rights groups; farm worker Authority: 7 U.S.C. 136 et seq. organizations; pesticide industry and You may be potentially affected by trade associations; pesticide user, Dated: February 28, 2018. this action if you work in an agricultural Michael L. Goodis, grower, and commodity groups; Federal settings or if you are concerned about and State/local/tribal governments; the Director, Registration Division, Office of implementation of the Federal Pesticide Programs. general public; academia; and public Insecticide, Fungicide, and Rodenticide health organizations. [FR Doc. 2018–05292 Filed 3–14–18; 8:45 am] Act (FIFRA); the Federal Food, Drug, BILLING CODE 6560–50–P and Cosmetic Act (FFDCA); and the III. How can I request to participate in amendments to both of these major this meeting? pesticide laws by the Food Quality PPDC meetings are free, open to the ENVIRONMENTAL PROTECTION Protection Act (FQPA) of 1996; the AGENCY public, and no advance registration is Pesticide Registration Improvement Act, required. Public comments may be and the Endangered Species Act. [EPA–HQ–OPP–2018–0057; FRL–9974–56] made during the public comment Potentially affected entities may session of each meeting or in writing to Pesticide Program Dialogue include, but are not limited to: the person listed under FOR FURTHER Committee; Notice of Public Meeting Agricultural workers and farmers; INFORMATION CONTACT. pesticide industry and trade AGENCY: Environmental Protection associations; environmental, consumer, Authority: 7 U.S.C. 136 et. seq. Agency (EPA). and farm worker groups; pesticide users Dated: February 22, 2018. ACTION: Notice. and growers; animal rights groups; pest Richard P. Keigwin, Jr., consultants; State, local, and tribal Director, Office of Pesticide Programs. SUMMARY: Pursuant to the Federal governments; academia; public health [FR Doc. 2018–05287 Filed 3–14–18; 8:45 am] Advisory Committee Act, the organizations; and the public. If you BILLING CODE 6560–50–P Environmental Protection Agency’s have questions regarding the (EPA’s) Office of Pesticide Programs is applicability of this action to a announcing a public meeting of the particular entity, consult the person ENVIRONMENTAL PROTECTION Pesticide Program Dialogue Committee listed under FOR FURTHER INFORMATION AGENCY (PPDC) on May 2–3, 2018. This meeting CONTACT. provides advice and recommendations [EPA–HQ–OPPT–2003–0004; FRL–9975–02] to the EPA Administrator on issues B. How can I get copies of this document Access to Confidential Business associated with pesticide regulatory and other related information? Information by Accelera Solutions, Inc development and reform initiatives, The docket for this action, identified evolving public policy and program by docket identification (ID) number AGENCY: Environmental Protection implementation issues, and science EPA–HQ–OPP–2018–0057, is available Agency (EPA). issues associated with evaluating and at http://www.regulations.gov or at the ACTION: Notice. reducing risks from use of pesticides. Office of Pesticide Programs Regulatory DATES: The meeting will be held on Public Docket (OPP Docket) in the SUMMARY: EPA has authorized its Wednesday, May 2, 2018, from 9 a.m. to Environmental Protection Agency contractor, Accelera Solutions, Inc. of 5 p.m., and Thursday, May 3, 2018, Docket Center (EPA/DC), West William Fairfax, VA, to access information from 9 a.m. to noon. Jefferson Clinton Bldg., Rm. 3334, 1301 which has been submitted to EPA under Agenda: A draft agenda will be posted Constitution Ave. NW, Washington, DC all sections of the Toxic Substances on or before April 18, 2018. 20460–0001. The Public Reading Room Control Act (TSCA). Some of the Accommodations requests: To request is open from 8:30 a.m. to 4:30 p.m., information may be claimed or accommodation of a disability, please Monday through Friday, excluding legal determined to be Confidential Business contact the person listed under FOR holidays. The telephone number for the Information (CBI). FURTHER INFORMATON CONTACT, Public Reading Room is (202) 566–1744, DATES: Access to the confidential data preferably at least 10 days prior to the and the telephone number for the OPP occurred on or about February 22, 2018. meeting, to give EPA as much time as Docket is (703) 305–5805. Please review FOR FURTHER INFORMATION CONTACT: possible to process your request. the visitor instructions and additional For technical information contact: ADDRESSES: The PPDC Meeting will be information about the docket available Scott Sherlock, Environmental held at 1 Potomac Yard South, 2777 S at http://www.epa.gov/dockets. Assistance Division (7408M), Office of

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Pollution Prevention and Toxics, business processes, to support Act (CERCLA). Brownfields Cleanup Environmental Protection Agency, 1200 headquarters and region offices. Revolving Loan Fund pilots awarded Pennsylvania Ave. NW, Washington, DC Furthermore, they are assisting in under section 104(d)(1) of CERCLA that 20460–0001; telephone number: (202) establishing expertise in secure virtual have not transitioned to section 564–8257; email address: environments. 104(k)(3) grants are not eligible to apply [email protected]. In accordance with 40 CFR 2.306(j), for these funds. EPA will consider For general information contact: The EPA has determined that under EPA awarding supplemental funding only to TSCA-Hotline, ABVI-Goodwill, 422 contract number (GS–35F–0391P, order RLF grantees who have demonstrated an South Clinton Ave., Rochester, NY number EP–G18H–01472), Accelera ability to deliver programmatic results 14620; telephone number: (202) 554– required access to CBI submitted to EPA by making at least one loan or subgrant. 1404; email address: TSCA-Hotline@ under all sections of TSCA to perform The award of these funds is based on epa.gov. successfully the duties specified under the criteria described at CERCLA SUPPLEMENTARY INFORMATION: the contract. Accelera personnel were 104(k)(4)(A)(ii). given access to information submitted to The Agency is now accepting requests I. General Information EPA under all sections of TSCA. Some for supplemental funding from RLF A. Does this action apply to me? of the information may be claimed or grantees. Requests for funding must be determined to be CBI. submitted to the appropriate EPA This action is directed to the public EPA is issuing this notice to inform Regional Brownfields Coordinator in general. This action may, however, be all submitters of information under all (listed below) by April 13, 2018. of interest to all who manufacture, sections of TSCA that EPA has provided Funding requests for hazardous process, or distribute industrial Accelera access to these CBI materials substances and/or petroleum funding chemicals. Since other entities may also on a need-to-know basis only. All access will be accepted. Specific information be interested, the Agency has not to TSCA CBI under this contract is on submitting a request for RLF attempted to describe all the specific taking place at EPA Headquarters in supplemental funding is described entities that may be affected by this accordance with EPA’s TSCA CBI below and additional information may action. Protection Manual. be obtained by contacting the EPA B. How can I get copies of this document Access to TSCA data, including CBI, Regional Brownfields Coordinator. and other related information? will continue until February 13, 2022. If DATES: This action is effective March 15, the contract is extended, this access will The docket for this action, identified 2018. also continue for the duration of the by docket identification (ID) number ADDRESSES: A request for supplemental extended contract without further EPA–HQ–OPPT–2003–0004, is available funding must be in the form of a letter notice. at http://www.regulations.gov or at the addressed to the appropriate Regional Accelera personnel have signed Brownfields Coordinator (see listing Office of Pollution Prevention and nondisclosure agreements and were Toxics Docket (OPPT Docket), below) with a copy to Rachel Congdon, briefed on appropriate security [email protected]. Environmental Protection Agency procedures before they were permitted FOR FURTHER INFORMATION CONTACT: Docket Center (EPA/DC), West William access to TSCA CBI. Jefferson Clinton Bldg., Rm. 3334, 1301 Rachel Congdon, U.S. EPA, (202) 566– Constitution Ave. NW, Washington, DC. Authority: 15 U.S.C. 2601 et seq. 1564 or the appropriate Brownfields The Public Reading Room is open from Dated: February 28, 2018. Regional Coordinator. 8:30 a.m. to 4:30 p.m., Monday through Pamela S. Myrick, SUPPLEMENTARY INFORMATION: Friday, excluding legal holidays. The Director, Information Management Division, Background telephone number for the Public Office of Pollution Prevention and Toxics. Reading Room is (202) 566–1744, and [FR Doc. 2018–05290 Filed 3–14–18; 8:45 am] The Small Business Liability Relief the telephone number for the OPPT BILLING CODE 6560–50–P and Brownfields Revitalization Act Docket is (202) 566–0280. Please review added section 104(k) to CERCLA to the visitor instructions and additional authorize federal financial assistance for information about the docket available ENVIRONMENTAL PROTECTION brownfields revitalization, including at http://www.epa.gov/dockets. AGENCY grants for assessment, cleanup and job training. Section 104(k) includes a II. What action is the Agency taking? [FRL–9975–27–OLEM] provision for EPA to, among other Under EPA contract number (GS– FY2018 Supplemental Funding for things, award grants to eligible entities 35F–0391P, order number EP–G18H– to capitalize Revolving Loan Funds and 01472), contractor Accelera of 12150 Brownfields Revolving Loan Fund (RLF) Grantees to provide loans and subgrants for Monument Drive, Suite 800, Fairfax, brownfields cleanup. Section VA, is assisting the Office of Pollution AGENCY: Environmental Protection 104(k)(4)(A)(ii) authorizes EPA to make Prevention and Toxics (OPPT) in the Agency (EPA). additional grant funds available to RLF operations, maintenance and ACTION: Notice of the availability of grantees for any year after the year for infrastructure support for the funds. which the initial grant is made Confidential Business Information Local (noncompetitive RLF supplemental Area Network (CBI LAN). This includes SUMMARY: The Environmental Protection funding) taking into consideration: the existing hardware, associated Agency (EPA) plans to make available (I) The number of sites and number of operating systems, security artifacts and approximately $7 million to provide communities that are addressed by the COTS products, currently in use on the supplemental funds to Revolving Loan revolving loan fund; OPPT CBI LAN and ADMIN LAN. In Fund (RLF) capitalization grants (II) the demand for funding by eligible addition, the contractor is providing previously awarded competitively entities that have not previously assistance on the virtual desktop under section 104(k)(3) of the received a grant under this subsection; solution, which will streamline the Comprehensive Environmental (III) the demonstrated ability of the process of bilateral use of CBI and Response, Compensation and Liability eligible entity to use the revolving loan

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fund to enhance remediation and defines ‘‘significantly depleted funds’’ cleanup; and demonstrated that they provide funds on a continuing basis; as uncommitted or available funding is have provided a community benefit and 25% or less of total RLF funds awarded from past and potential loan(s) and/or (IV) such other similar factors as the under both open and closed grants, and subgrant(s). EPA encourages innovative [Agency] considers appropriate to carry cannot exceed $600,000. For new RLF approaches to maximizing revolving out this subsection. recipients with an award of $1 million and leveraging with other funds, of less, the uncommitted or available including use of grants funds as a loan Eligibility funding cannot exceed $300,000. loss guarantee, combining with other In order to be considered for Additionally, the RLF recipient must government or private sector lending supplemental funding, grantees must have demonstrated a need for resources. Applicants for supplemental demonstrate that they have significantly supplemental funding based on, among funding must contact the appropriate depleted funds (both EPA grant funding other factors, the list of potential Regional Brownfields Coordinator and any available pre- or post-closeout projects in the RLF program pipeline; below to obtain information on the program income) and that they have a demonstrated the ability to make loans format for supplemental funding clear plan for quickly utilizing and subgrants for cleanups that can be applications for their region. When requested additional funds. Grantees started and completed and will lead to requesting supplemental funding, must demonstrate that they have made redevelopment; demonstrated the ability applicants must specify whether they at least one loan or subgrant prior to to administer and revolve the are seeking funding for sites applying for this supplemental funding capitalization funding in the RLF grant; contaminated by hazardous substances and have significantly depleted existing demonstrated an ability to use the RLF or petroleum. Applicants may request available funds. For FY2018, EPA grant to address funding gaps for both types of funding.

REGIONAL CONTACTS

Region States Address/phone number/email

EPA Region 1, Joe Ferrari, CT, ME, MA, NH, RI, VT ...... 5 Post Office Square, Boston, MA 02109–3912, Phone (617) [email protected]. 918–1105 Fax (617) 918–0105. EPA Region 2, Lya Theodoratos, NJ, NY, PR, VI ...... 290 Broadway, 18th Floor, New York, NY 10007, Phone (212) [email protected]. 637–3260 Fax (212) 637–3083. EPA Region 3, Brett Gilmartin, DE, DC, MD, PA, VA, WV ...... 1650 Arch Street, Mail Code 3HS51, Philadelphia, Pennsylvania [email protected]. 19103–2029, Phone (215) 814–3405 Fax (215) 814–3015. EPA Region 4, Derek Street, AL, FL, GA, KY, MS, NC, SC, TN ...... Atlanta Federal Center, 61 Forsyth Street SW, 10TH FL, Atlanta, [email protected]. GA 30303–8960, Phone (404) 562–8574 Fax (404) 562–8761. EPA Region 5, Keary Cragan, IL, IN, MI, MN, OH, WI ...... 77 West Jackson Boulevard, Mail Code SB–5J, Chicago, Illinois [email protected]. 60604–3507, Phone (312) 353–5669 Fax (312) 886–7190. EPA Region 6, Mary Kemp, AR, LA, NM, OK, TX ...... 1445 Ross Avenue, Suite 1200 (6SF–PB), Dallas, Texas 75202– [email protected]. 2733, Phone (214) 665–8358 Fax (214) 665–6660. EPA Region 7, Susan Klein, R7_ IA, KS, MO, NE ...... 11201 Renner Blvd, Lenexa, Kansas 66219, Phone (913) 551– [email protected]. 7786 Fax (913) 551–8688. EPA Region 8, Daniel Heffernan, CO, MT, ND, SD, UT, WY ...... 1595 Wynkoop Street (EPR–B), Denver, CO 80202–1129, Phone [email protected]. (303) 312–7074 Fax (303) 312–6065. EPA Region 9, Noemi Emeric- AZ, CA, HI, NV, AS, GU ...... 75 Hawthorne Street, WST–8, San Francisco, CA 94105, Phone Ford, Emeric-Ford.Noemi@ (213) 244–1821 Fax (415) 972–3364. epa.gov. EPA Region 10, Susan Morales, AK, ID, OR, WA ...... 1200 Sixth Avenue, Suite 900, Mailstop: ECL–112 Seattle, WA [email protected]. 98101, Phone (206) 553–7299 Fax (206) 553–0124.

Dated: March 1, 2018. ACTION: Notice; request for public DATES: Comments must be submitted on David R. Lloyd, comment. or before April 16, 2018. ADDRESSES: The proposed settlement Director, Office of Brownfields and Land SUMMARY: In accordance with the agreement is available for public Revitalization, Office of Land and Emergency Comprehensive Environmental Management. inspection at EPA’s Region 2 offices. To Response, Compensation, and Liability request a copy of the proposed [FR Doc. 2018–05283 Filed 3–14–18; 8:45 am] Act of 1980, as amended (‘‘CERCLA’’), settlement agreement, please contact the BILLING CODE 6560–50–P notice is hereby given by the U.S. EPA employee identified in the FOR Environmental Protection Agency FURTHER INFORMATION CONTACT section (‘‘EPA’’), Region 2, of a proposed cost below. ENVIRONMENTAL PROTECTION recovery settlement agreement pursuant AGENCY to CERCLA between EPA and FOR FURTHER INFORMATION CONTACT: Honeywell International Inc. (‘‘Settling Michael J. van Itallie, Assistant Regional [FRL–9975–36–Region 2] Party’’) regarding the Universal Oil Counsel, U.S. Environmental Protection Products Superfund Site, East Agency, Office of Regional Counsel, Proposed CERCLA Cost Recovery Rutherford, New Jersey (‘‘Site’’). Region 2, 290 Broadway—17th Floor, Settlement Regarding the Universal Oil Pursuant to the proposed cost recovery New York, New York 10007–1866. Products Superfund Site, East settlement agreement, the Settling Party Email: [email protected]. Rutherford, New Jersey will pay $161,352.00 to resolve the Telephone: (212) 637–3151. Settling Party’s civil liability under SUPPLEMENTARY INFORMATION: For 30 AGENCY: Environmental Protection Section 107(a) of CERCLA for certain days following the date of publication of Agency (EPA). past response costs. this notice, EPA will receive written

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comments concerning the proposed cost collection of information unless it requirements; and recordkeeping recovery settlement agreement. displays a currently valid control requirement. Comments to the proposed settlement number. No person shall be subject to Obligation to Respond: Required to agreement should reference the any penalty for failing to comply with obtain or retain benefits. Statutory Universal Oil Products Superfund Site, a collection of information subject to the authority for this information collection U.S. EPA Index No. CERCLA–02–2018– PRA that does not display a valid Office is contained in 47 U.S.C. 151, 154 and 2002. EPA will consider all comments of Management and Budget (OMB) 276. received during the 30-day public control number. Total Annual Burden: 34,720 hours. Total Annual Cost: No cost. comment period and may modify or DATES: Written PRA comments should Privacy Act Impact Assessment: No withdraw its consent to the settlement be submitted on or before May 14, 2018. agreement if comments received impact(s). If you anticipate that you will be Nature and Extent of Confidentiality: disclose facts or considerations that submitting comments, but find it The Commission is not requesting indicate that the proposed settlement difficult to do so within the period of respondents to submit confidential agreement is inappropriate, improper, or time allowed by this notice, you should information. Respondents may request inadequate. EPA’s response to advise the contact listed below as soon confidential treatment of their comments will be available for public as possible. information that they believe to be inspection at EPA’s Region 2 offices ADDRESSES: Direct all PRA comments to confidential pursuant to 47 CFR 0.459 of located at 290 Broadway, New York, NY Nicole Ongele, FCC, via email PRA@ the Commission’s rules. 10007–1866. fcc.gov and to [email protected]. Needs and Uses: Section 276 of the Dated: February 12, 2018. FOR FURTHER INFORMATION CONTACT: For Communications Act, as amended (the John Prince, additional information about the Act), requires that the Federal Acting Director, Emergency and Remedial information collection, contact Nicole Communications Commission Response Division, Region 2. Ongele at (202) 418–2991. (Commission or FCC) establish rules [FR Doc. 2018–05285 Filed 3–14–18; 8:45 am] SUPPLEMENTARY INFORMATION: As part of ensuring that payphone service BILLING CODE 6560–50–P its continuing effort to reduce providers or PSPs are ‘‘fairly paperwork burdens, and as required by compensated’’ for each and every the Paperwork Reduction Act (PRA) of completed payphone-originated call. FEDERAL COMMUNICATIONS 1995 (44 U.S.C. 3501–3520), the Federal The Commission’s Payphone COMMISSION Communications Commission (FCC or Compensation Rules satisfy section 276 Commission) invites the general public by identifying the party liable for [OMB 3060–1046] and other Federal agencies to take this compensation and establishing a mechanism for PSPs to be paid. A 2003 Information Collection Being Reviewed opportunity to comment on the following information collections. Report and Order (FCC 03–235) by the Federal Communications established detailed rules (Payphone Commission Comments are requested concerning: Whether the proposed collection of Compensation Rules) ensuring that AGENCY: Federal Communications information is necessary for the proper payphone service providers or PSPs are Commission. performance of the functions of the ‘‘fairly compensated’’ for each and every ACTION: Notice and request for Commission, including whether the completed payphone-originated call comments. information shall have practical utility; pursuant to section 276 of the the accuracy of the Commission’s Communications Act, as amended (the SUMMARY: As part of its continuing effort burden estimate; ways to enhance the Act). The Payphone Compensation to reduce paperwork burdens, and as quality, utility, and clarity of the Rules satisfy section 276 by identifying required by the Paperwork Reduction information collected; ways to minimize the party liable for compensation and Act (PRA) of 1995, the Federal the burden of the collection of establishing a mechanism for PSPs to be Communications Commission (FCC or information on the respondents, paid. The Payphone Compensation the Commission) invites the general including the use of automated Rules: (1) Place liability to compensate public and other Federal agencies to collection techniques or other forms of PSPs for payphone-originated calls on take this opportunity to comment on the information technology; and ways to the facilities-based long distance following information collection. further reduce the information carriers or switch-based resellers (SBRs) Comments are requested concerning: collection burden on small business from whose switches such calls are Whether the proposed collection of concerns with fewer than 25 employees. completed; (2) define these responsible information is necessary for the proper OMB Control Number: 3060–1046. carriers as ‘‘Completing Carriers’’ and performance of the functions of the Title: Part 64, Modernization of require them to develop their own Commission, including whether the Payphone Compensation Rules, et al., system of tracking calls to completion; information shall have practical utility; WC Docket No. 17–141, et al. (3) require Completing Carriers to file the accuracy of the Commission’s Form Number: N/A. with PSPs a quarterly report and also burden estimate; ways to enhance the Type of Review: Revision of a submit an attestation by the chief quality, utility, and clarity of the currently approved collection. financial officer (CFO) that the payment information collected; ways to minimize Respondents: Business or other for- amount for that quarter is accurate and the burden of the collection of profit. is based on 100% of all completed calls; information on the respondents, Number of Respondents and (4) require quarterly reporting including the use of automated Responses: 329 respondents; 2,257 obligations for other facilities-based collection techniques or other forms of responses. long distance carriers in the call path, if information technology; and ways to Estimated Time per Response: 0.50 any, and define these carriers as further reduce the information hours—122 hours. ‘‘Intermediate Carriers;’’ and (5) give collection burden on small business Frequency of Response: On occasion, parties flexibility to agree to alternative concerns with fewer than 25 employees. one-time, and quarterly reporting compensation arrangements (ACA) so The FCC may not conduct or sponsor a requirements; third party disclosure that small Completing Carriers may

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avoid the expense of instituting a collection burden on small business published at 79 FR 48442 (Aug. 15, tracking system. and undergoing an concerns with fewer than 25 employees. 2014). The Commission seeks to extend audit. On February 22, 2018, the The FCC may not conduct or sponsor for a period of three years from the Commission adopted a Report and a collection of information unless it Office of Management and Budget Order, FCC 18–21 (2018 Payphone displays a currently valid Office of (OMB) some of the information Order), that: (1) Eliminated the Management and Budget (OMB) control collection requirements contained in payphone call tracking system audit and number. No person shall be subject to FCC 14–50. The Commission will use associated reporting requirements; (2) any penalty for failing to comply with the information to ensure compliance permitted a company official, including a collection of information subject to the with required filings of notifications, but no longer limited to, the chief PRA that does not display a valid OMB certifications, license renewals, license financial officer (CFO), to certify that a control number. cancelations, and license modifications. Completing Carrier’s quarterly DATES: Written PRA comments should Also, such information will be used to compensation payments to PSPs are be submitted on or before May 14, 2018. minimize interference and to determine accurate and complete; and (3) If you anticipate that you will be compliance with Commission’s rules. eliminated expired interim and submitting comments, but find it The following is a description of the intermediate per-payphone difficult to do so within the period of information collection requirements compensation rules that no longer apply time allowed by this notice, you should approved under this collection: to any entity. We believe that the advise the contact listed below as soon Section 27.14(k) requires 600 MHz revisions adopted in the 2018 Payphone as possible. licensees to demonstrate compliance Order significantly decrease the ADDRESSES: Direct all PRA comments to with performance requirements by filing paperwork burden on carriers. Cathy Williams, FCC, via email PRA@ a construction notification with the Federal Communications Commission. fcc.gov and to [email protected]. Commission, within 15 days of the Marlene H. Dortch, FOR FURTHER INFORMATION CONTACT: For applicable benchmark. Secretary, Office of the Secretary. additional information about the Section 27.14(t)(6) requires 600 MHz licensees to make a renewal showing as [FR Doc. 2018–05204 Filed 3–14–18; 8:45 am] information collection, contact Cathy Williams at (202) 418–2918. a condition of each renewal. The BILLING CODE 6712–01–P showing must include a detailed SUPPLEMENTARY INFORMATION: description of the applicant’s provision OMB Control Number: 3060–1180. of service during the entire license FEDERAL COMMUNICATIONS Title: Expanding the Economic and period and address: (i) The level and COMMISSION Innovation Opportunities of Spectrum quality of service provided by the Through Incentive Auctions. applicant (including the population [OMB 3060–1180] Form Number: N/A. Type of Review: Extension of a served, the area served, the number of Information Collection Being Reviewed currently approved collection. subscribers, the services offered); (ii) the by the Federal Communications Respondents: Business or other for- date service commenced, whether Commission Under Delegated profit entities, state, local, or tribal service was ever interrupted, and the Authority government and not for profit duration of any interruption or outage; institutions. (iii) the extent to which service is AGENCY: Federal Communications Number of Respondents: 258 provided to rural areas; (iv) the extent Commission. respondents; 258 responses. to which service is provided to ACTION: Notice and request for Estimated Time per Response: 0.5 to qualifying tribal land as defined in 47 comments. 2 hours. CFR 1.2110(f)(3)(i); and (v) any other Frequency of Response: One-time and factors associated with the level of SUMMARY: As part of its continuing effort on occasion reporting requirements, service to the public. to reduce paperwork burdens, and as twice within 12 years reporting Section 27.17(c) requires 600 MHz required by the Paperwork Reduction requirement, 6, 10 and 12-years licensees to notify the Commission Act of 1995 (PRA), the Federal reporting requirements and third party within 10 days of discontinuance if they Communications Commission (FCC or disclosure requirement. permanently discontinue service by Commission) invites the general public Obligation to Respond: Required to filing FCC Form 601 or 605 and and other Federal agencies to take this obtain or retain benefits. Statutory requesting license cancellation. opportunity to comment on the authority for these collections are Section 27.1321(b) previously following information collections. contained in 47 U.S.C. 151, 154, 301, designated as 27.19(b) requires 600 MHz Comments are requested concerning: 303, 307, 308, 309, 310, 316, 319, licensees with base and fixed stations in Whether the proposed collection of 325(b), 332, 336(f), 338, 339, 340, 399b, the 600 MHz downlink band within 25 information is necessary for the proper 403, 534, 535, 1404, 1452, and 1454 of kilometers of Very Long Baseline Array performance of the functions of the the Communications Act of 1934. (VLBA) observatories to coordinate with Commission, including whether the Total Annual Burden: 431 hours. the National Science Foundation (NSF) information shall have practical utility; Total Annual Cost: No cost. prior to commencing operations. the accuracy of the Commission’s Privacy Impact Assessment: No Section 27.1321(c) previously burden estimate; ways to enhance the impact(s). designated as 27.19(c) requires 600 MHz quality, utility, and clarity of the Nature and Extent of Confidentiality: licensees that intend to operate base and information collected; ways to minimize There is no need for confidentiality with fixed stations in the 600 MHz downlink the burden of the collection of this collection of information. band in locations near the Radio information on the respondents, Needs and Uses: The FCC adopted the Astronomy Observatory site located in including the use of automated Expanding the Economic and Green Bank, Pocahontas County, West collection techniques or other forms of Innovation Opportunities of Spectrum Virginia, or near the Arecibo information technology; and ways to Through Incentive Auctions Report and Observatory in Puerto Rico, to comply further reduce the information Order, FCC 14–50, on May 15, 2014, with the provisions in 47 CFR 1.924.

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Section 74.602(h)(5)(ii) requires 600 ADDRESSES: You may submit comments, Budget (OMB) delegated to the Board MHz licensees to notify the licensee of identified by FR Y–8, by any of the authority under the Paperwork a studio-transmitter link (TV STL), TV following methods: Reduction Act (PRA) to approve and relay station, or TV translator relay • Agency website: http:// assign OMB control numbers to station of their intent to commence www.federalreserve.gov. Follow the collection of information requests and wireless operations and the likelihood instructions for submitting comments at requirements conducted or sponsored of harmful interference from the TV http://www.federalreserve.gov/apps/ by the Board. In exercising this STL, TV relay station, or TV translator foia/proposedregs.aspx . delegated authority, the Board is relay station to those operations within • Federal eRulemaking Portal: http:// directed to take every reasonable step to the wireless licensee’s licensed www.regulations.gov. Follow the solicit comment. In determining geographic service area. The notification instructions for submitting comments. whether to approve a collection of is to be in the form of a letter, via • Email: regs.comments@ information, the Board will consider all certified mail, return receipt requested federalreserve.gov. Include OMB comments received from the public and and must be sent not less than 30 days number in the subject line of the other agencies. in advance of approximate date of message. Request for comment on information commencement of operations. • FAX: (202) 452–3819 or (202) 452– collection proposal: Section 74.602(h)(5)(iii) requires all 3102. The Board invites public comment on • TV STL, TV relay station and TV Mail: Ann E. Misback, Secretary, the following information collection, translator relay station licensees to Board of Governors of the Federal which is being reviewed under modify or cancel their authorizations Reserve System, 20th Street and authority delegated by the OMB under and vacate the 600 MHz band no later Constitution Avenue NW, Washington, the PRA. Comments are invited on the than the end of the post-auction DC 20551. following: transition period as defined in 47 CFR All public comments are available a. Whether the proposed collection of 27.4. from the Board’s website at http:// information is necessary for the proper www.federalreserve.gov/apps/foia/ performance of the Federal Reserve’s These rules which contain proposedregs.aspx as submitted, unless functions; including whether the information collection requirements are modified for technical reasons. information has practical utility; designed to provide for flexible use of Accordingly, your comments will not be b. The accuracy of the Federal this spectrum by allowing licensees to edited to remove any identifying or Reserve’s estimate of the burden of the choose their type of service offerings, to contact information. Public comments proposed information collection, encourage innovation and investment in may also be viewed electronically or in including the validity of the mobile broadband use in this spectrum, paper form in Room 3515, 1801 K Street methodology and assumptions used; and to provide a stable regulatory (between 18th and 19th Streets NW) c. Ways to enhance the quality, environment in which broadband Washington, DC 20006 between 9:00 utility, and clarity of the information to deployment would be able to develop a.m. and 5:00 p.m. on weekdays. be collected; through the application of standard Additionally, commenters may send a d. Ways to minimize the burden of terrestrial wireless rules. Without this copy of their comments to the OMB information collection on respondents, information, the Commission would not Desk Officer—Shagufta Ahmed—Office including through the use of automated be able to carry out its statutory of Information and Regulatory Affairs, collection techniques or other forms of responsibilities. Office of Management and Budget, New information technology; and Federal Communications Commission. Executive Office Building, Room 10235, e. Estimates of capital or startup costs Marlene H. Dortch, 725 17th Street NW, Washington, DC and costs of operation, maintenance, Secretary, Office of the Secretary. 20503 or by fax to (202) 395–6974. and purchase of services to provide information. [FR Doc. 2018–05203 Filed 3–14–18; 8:45 am] FOR FURTHER INFORMATION CONTACT: A BILLING CODE 6712–01–P copy of the PRA OMB submission, At the end of the comment period, the including the proposed reporting form comments and recommendations and instructions, supporting statement, received will be analyzed to determine and other documentation will be placed the extent to which the Federal Reserve FEDERAL RESERVE SYSTEM into OMB’s public docket files, if should modify the proposal. approved. These documents will also be Proposal to approve under OMB Proposed Agency Information made available on the Federal Reserve delegated authority the extension for Collection Activities; Comment Board’s public website at: http:// three years, with revision, of the Request www.federalreserve.gov/apps/ following report: reportforms/review.aspx or may be Report title: Holding Company Report AGENCY: Board of Governors of the requested from the agency clearance of Insured Depository Institutions’ Federal Reserve System. officer, whose name appears below. Section 23A Transactions with ACTION: Notice, request for comment. Federal Reserve Board Clearance Affiliates. Agency form number: FR Y–8. Officer—Nuha Elmaghrabi—Office of OMB control number: 7100–0126. SUMMARY: The Board of Governors of the the Chief Data Officer, Board of Federal Reserve System (Board) invites Frequency: Quarterly. Governors of the Federal Reserve Respondents: Certain bank holding comment on a proposal to extend for System, Washington, DC 20551, (202) companies (BHCs) and savings and loan three years, with revision, the Holding 452–3829. Telecommunications Device holding companies (SLHCs). Company Report of Insured Depository for the Deaf (TDD) users may contact Estimated number of respondents: Institutions’ Section 23A Transactions (202) 263–4869, Board of Governors of 933. with Affiliates (FR Y–8; OMB No. 7100– the Federal Reserve System, Estimated average hours per response: 0126). Washington, DC 20551. 7.8 hours. DATES: Comments must be submitted on SUPPLEMENTARY INFORMATION: On June Estimated annual burden hours: or before May 14, 2018. 15, 1984, the Office of Management and 29,110.

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General description of report: The FR harm to the competitive position of the Desk Officer—Shagufta Ahmed—Office Y–8 collects information on covered respondent if made publicly available. of Information and Regulatory Affairs, transactions between an insured The data collected on this form, Office of Management and Budget, New depository institution and its affiliates therefore, would be kept confidential Executive Office Building, Room 10235, that are subject to the quantitative limits under exemption 4 of the Freedom of 725 17th Street NW, Washington, DC and requirements of section 23A of the Information Act, which protects from 20503 or by fax to (202) 395–6974. Federal Reserve Act and the Board’s disclosure trade secrets and commercial FOR FURTHER INFORMATION CONTACT: A Regulation W (12 CFR Pt. 223). The FR or financial information. (5 U.S.C. copy of the PRA OMB submission, Y–8 is filed quarterly by all U.S. top-tier 552(b)(4)). including the proposed reporting form BHCs and SLHCs, and by foreign Board of Governors of the Federal Reserve and instructions, supporting statement, banking organizations (FBOs) that System, March 12, 2018. and other documentation will be placed directly own or control a U.S. subsidiary Ann E. Misback, into OMB’s public docket files, once insured depository institution. If an Secretary of the Board. approved. These documents will also be FBO indirectly controls a U.S. insured made available on the Federal Reserve [FR Doc. 2018–05254 Filed 3–14–18; 8:45 am] depository institution through a U.S. Board’s public website at: http:// holding company, the U.S. holding BILLING CODE 6210–01–P www.federalreserve.gov/apps/ company must file the FR Y–8. A reportforms/review.aspx or may be respondent must file a separate report FEDERAL RESERVE SYSTEM requested from the agency clearance for each U.S. insured depository officer, whose name appears below. institution it controls. The primary Proposed Agency Information Federal Reserve Board Clearance purpose of the data is to enhance the Collection Activities; Comment Officer—Nuha Elmaghrabi—Office of Board’s ability to monitor the credit Request the Chief Data Officer, Board of exposure of insured depository Governors of the Federal Reserve institutions to their affiliates and to AGENCY: Board of Governors of the System, Washington, DC 20551 (202) ensure that insured depository Federal Reserve System. 452–3829. Telecommunications Device institutions are in compliance with ACTION: Notice, request for comment. for the Deaf (TDD) users may contact section 23A of the Federal Reserve Act (202) 263–4869, Board of Governors of and Regulation W. Section 23A of the SUMMARY: The Board of Governors of the the Federal Reserve System, Federal Reserve Act limits an insured Federal Reserve System (Board) invites Washington, DC 20551. comment on a proposal to extend for depository institution’s exposure to SUPPLEMENTARY INFORMATION: On June three years, without revision, the Survey affiliated entities and helps to protect 15, 1984, the Office of Management and against the expansion of the federal of Consumer Finances (FR 3059; OMB Budget (OMB) delegated to the Board safety net to uninsured entities. 7100–0287). authority under the Paperwork Proposed revisions: In order to reduce DATES: Comments must be submitted on Reduction Act (PRA) to approve of and reporting burden, the Board proposes to or before May 14, 2018. assign OMB control numbers to eliminate the FR Y–8 declaration page. ADDRESSES: You may submit comments, collection of information requests and Currently, respondents that own or identified by FR 3059, by any of the requirements conducted or sponsored control insured depository institutions following methods: by the Board. In exercising this may, instead of completing the entire • Agency Website: http:// delegated authority, the Board is form, submit a declaration page each www.federalreserve.gov. Follow the directed to take every reasonable step to quarter attesting to the fact that the instructions for submitting comments at solicit comment. In determining institutions do not have any covered http://www.federalreserve.gov/apps/ whether to approve a collection of transactions with their affiliates. The foia/proposedregs.aspx. information, the Board will consider all • Board proposes to revise the Email: regs.comments@ comments received from the public and instructions to eliminate the declaration federalreserve.gov. Include OMB other agencies. page and to clarify that respondents that number in the subject line of the own or control insured depository message. Request for Comment on Information institutions that do not have any • FAX: (202) 452–3819 or (202) 452– Collection Proposal covered transactions with their affiliates 3102. The Board invites public comment on would not have to file the FR Y–8. • Mail: Ann E. Misback, Secretary, the following information collection, Legal authorization and Board of Governors of the Federal which is being reviewed under confidentiality: The FR Y–8 is Reserve System, 20th Street and authority delegated by the OMB under mandatory for respondents that control Constitution Avenue NW, Washington, the PRA. Comments are invited on the an insured depository institution that DC 20551. following: has engaged in covered transactions All public comments are available a. Whether the proposed collection of with an affiliate during the reporting from the Board’s website at http:// information is necessary for the proper period. Section 5(c) of the Bank Holding www.federalreserve.gov/apps/foia/ performance of the Federal Reserve’s Company Act authorizes the Board to proposedregs.aspx as submitted, unless functions; including whether the require BHCs to file the FR Y–8 modified for technical reasons. information has practical utility; reporting form with the Board. (12 Accordingly, your comments will not be b. The accuracy of the Federal U.S.C. 1844(c)). Section 10(b)(2) of the edited to remove any identifying or Reserve’s estimate of the burden of the Home Owners’ Loan Act authorizes the contact information. Public comments proposed information collection, Board to require SLHCs to file the FR Y– may also be viewed electronically or in including the validity of the 8 reporting form with the Board. (12 paper form in Room 3515, 1801 K Street methodology and assumptions used; U.S.C. 1467a(b)(2)). The release of data (between 18th and 19th Streets NW) c. Ways to enhance the quality, collected on this form includes financial Washington, DC 20006 between 9:00 utility, and clarity of the information to information that is not normally a.m. and 5:00 p.m. on weekdays. be collected; disclosed by respondents, the release of Additionally, commenters may send a d. Ways to minimize the burden of which would likely cause substantial copy of their comments to the OMB information collection on respondents,

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including through the use of automated the general credit situation of the the Chief Data Officer, Board of collection techniques or other forms of country (12 U.S.C. 263). The Board and Governors of the Federal Reserve information technology; and the FOMC use the information obtained System, Washington, DC 20551, (202) e. Estimates of capital or startup costs from the FR 3059 to help fulfill these 452–3829. Telecommunications Device and costs of operation, maintenance, obligations. The FR 3059 is a voluntary for the Deaf (TDD) users may contact and purchase of services to provide survey. The information collected on (202) 263–4869, Board of Governors of information. the FR 3059 is exempt from disclosure the Federal Reserve System, At the end of the comment period, the in identifiable form under exemption 6 Washington, DC 20551. comments and recommendations of the Freedom of Information Act, OMB Desk Officer—Shagufta received will be analyzed to determine which protects information that the Ahmed—Office of Information and the extent to which the Federal Reserve disclosure of which would constitute an Regulatory Affairs, Office of should modify the proposal prior to unwarranted invasion of personal Management and Budget, New giving final approval. privacy of individuals involved (5 Executive Office Building, Room 10235, U.S.C. 552(b)(6)). 725 17th Street NW, Washington, DC Proposal To Approve Under OMB Consultation outside the agency: The 20503 or by fax to (202) 395–6974. Delegated Authority the Extension for final survey questionnaire would be SUPPLEMENTARY INFORMATION: On June Three Years, Without Revision, of the developed jointly by the Board and the 15, 1984, the Office of Management and Following Report(s) contractor. The contractor would Budget (OMB) delegated to the Board Report title: 2019 Survey of Consumer conduct the interviews for this survey. authority under the Paperwork Finances (SCF). The data to support the part of the Reduction Act (PRA) to approve and Agency form number: FR 3059. survey sample selected by the Board assign OMB control numbers to OMB control number: 7100–0287. would be provided by the Statistics of collection of information requests and Frequency: One-time survey. Income Division (SOI) of the Internal requirements conducted or sponsored Respondents: U.S. families. Revenue Service under a contract that by the Board. The Federal Reserve may Estimated number of respondents: allows this use of the data as well as not conduct or sponsor, and the Pretest, 150; and Main survey, 7,000. other more limited uses of the data for respondent is not required to respond Estimated average hours per response: statistical adjustments to the final data to, an information collection that has Pretest, 90 minutes; and Main survey, and related purposes. As in past SCFs, been extended, revised, or implemented 90 minutes. the sample selection and survey on or after October 1, 1995, unless it Estimated annual burden hours: administration would be managed so Pretest: 225 hours and Main survey: displays a currently valid OMB control that the Board would not be given any number. Board-approved collections of 10,500 hours. names of survey participants; SOI General description of report: This information are incorporated into the would not be given data to link survey official OMB inventory of currently would be the thirteenth triennial SCF responses with tax records; and the since 1983, the beginning of the current approved collections of information. contractor would not be given income Copies of the Paperwork Reduction Act series. This survey is the only source of data derived from the tax returns. representative information on the Submission, supporting statements and structure of U.S. families’ finances. The Board of Governors of the Federal Reserve approved collection of information System, March 12, 2018. survey would collect data on the assets, instrument(s) are placed into OMB’s debts, income, work history, pension Ann E. Misback, public docket files. These documents rights, use of financial services, and Secretary of the Board. will also be made available on the attitudes of a sample of U.S. families. [FR Doc. 2018–05266 Filed 3–14–18; 8:45 am] Federal Reserve Board’s public website Because the ownership of some assets is BILLING CODE 6210–01–P at: http://www.federalreserve.gov/apps/ relatively concentrated in a small reportforms/review.aspx or may be number of families, the survey would requested from the agency clearance make a special effort to ensure proper FEDERAL RESERVE SYSTEM officer. representation of such assets by Agency Information Collection Final Approval Under OMB Delegated systematically oversampling wealthier Activities: Announcement of Board Authority of the Extension for Three families. Approval Under Delegated Authority Years, With Revision, of the Following Legal authorization and and Submission to OMB Reports confidentiality: Section 2A of the Report title: Interagency Notice of Federal Reserve Act (FRA) requires that AGENCY: Board of Governors of the Change in Control. the Board and the Federal Open Market Federal Reserve System. Agency form number: FR 2081a. SUMMARY: Committee (FOMC) maintain long run The Board of Governors of the OMB control number: 7100–0134. growth of the monetary and credit Federal Reserve System (Board) is Frequency: On occasion. aggregates commensurate with the adopting a proposal to extend for three Respondents: An individual (or a economy’s long run potential to increase years, with revision, the Interagency group of individuals or company or production, so as to promote effectively Notice of Change in Control (FR 2081a; group of companies that would not be the goals of maximum employment, OMB No. 7100–0134), Interagency bank holding companies (BHCs) or stable prices, and moderate long-term Notice of Change in Director or Senior savings and loan holding companies interest rates (12 U.S.C. 225a). In Executive Officer (FR 2081b; OMB No. (SLHCs) after consummation of the addition, under section 12A of the FRA, 7100–0134), Interagency Biographical proposed transaction) seeking to acquire the FOMC is required to implement and Financial Report (FR 2081c; OMB shares of an insured depository regulations relating to the open market 7100–0134), and the Interagency Bank institution, SLHC, or BHC (or group of operations conducted by Federal Merger Act Application (FR 2070; OMB BHCs or SLHCs). Reserve Banks. Those transactions must No. 7100–0171). Estimated number of respondents: be governed with a view to FOR FURTHER INFORMATION CONTACT: 156. accommodating commerce and business Federal Reserve Board Clearance Estimated average hours per response: and with regard to their bearing upon Officer—Nuha Elmaghrabi—Office of 30.5.

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Estimated annual burden hours: compliance with all minimum capital or before acquiring the assets of or 4,758. requirements, is in troubled condition assuming liability to deposits made in Report title: Interagency Notice of or, is otherwise required by the Board to any other insured depository institution. The Interagency Bank Merger Act Change in Director or Senior Executive provide such notice. The Interagency Biographical and Application is a public document. Officer. Financial Report is used by certain However, applicants may request that Agency form number: FR 2081b. OMB control number: 7100–0134. shareholders, directors, and executive parts of their applications be kept Frequency: On occasion. officers, in connection with different confidential. In such cases, the filer Respondents: Insured depository types of applications filed with the must justify the exemption by institutions, SLHCs, BHCs, and agencies. Information requested on this demonstrating that disclosure would individuals. reporting form is subject to verification cause substantial competitive harm, Estimated number of respondents: and, as with all required information, would result in an unwarranted 287. must be complete. invasion of personal privacy, or would The Interagency Bank Merger Act Estimated average hours per response: otherwise qualify for an exemption Application is an event-generated 2. under the Freedom of Information Act application and is completed by a state Estimated annual burden hours: 574. (5 U.S.C. 552). The confidentiality status Report title: Interagency Biographical member bank each time the bank of the information submitted is judged requests approval to effect a merger, and Financial Report. on a case-by-case basis. Agency form number: FR 2081c. consolidation, assumption of deposit Effective Date: All revisions would OMB control number: 7100–0134. liabilities, other combining transaction become effective upon FDIC and OCC Frequency: On occasion. with a nonaffiliated party, or a corporate receiving OMB approval of their Respondents: Certain shareholders, reorganization with an affiliated party. comparable reports. Current actions: On October 2, 2017, directors, and executive officers of The form collects information on the the Board published a notice in the financial institutions. basic legal and structural aspects of Federal Register (82 FR 45847) Estimated number of respondents: these transactions. Legal authorization and requesting public comment for 60 days 1,512. confidentiality: Section 7(j) of the on the extension, with revision, of the Estimated average hours per response: Federal Deposit Insurance Act (12 Interagency Notice of Change in Control 4.5. U.S.C. 1817(j)) authorizes the Board to (FR 2081a; OMB No. 7100–0134), Estimated annual burden hours: require the information under the FR Interagency Notice of Change in Director 6,804. 2081a and FR 2081c. Section 914 of the or Senior Executive Officer (FR 2081b; Report title: Interagency Bank Merger Financial Institutions Reform, Recovery, OMB No. 7100–0134), Interagency Act Application. and Enforcement Act (12 U.S.C. 1831(i)) Biographical and Financial Report (FR Agency form number: FR 2070. authorizes the Board to collect the 2081c; OMB 7100–0134), and the OMB control number: 7100–0171. information in the FR 2081b and FR Interagency Bank Merger Act Frequency: On occasion. 2081c. Application (FR 2070; OMB No. 7100– Respondents: State member banks. The notices and reporting forms are 0171). The Board proposed to revise the Estimated number of respondents: public documents. Any organization or FR 2070, 2081a, FR 2081b, and FR Non-affiliate, 54; Affiliate, 10. individual that submits a form may 2081c to improve the clarity of the Estimated average hours per response: request that all or a portion of the information requests, delete information Non-affiliate, 31; Affiliate, 19. submitted information be kept requests that are not typically useful for Estimated annual burden hours: confidential. In such cases, the filer the analysis of the proposal, and 1,864. must justify the exemption by increase transparency. General description of reports: The demonstrating that disclosure would The draft final forms would include Interagency Notice of Change in Control cause substantial competitive harm, certain new information requests. These form is used by an individual (or a result in an unwarranted invasion of new requests relate to information that group of individuals or a company or personal privacy, or would otherwise is customarily requested during the group of companies that would not be qualify for an exemption under the application review process but not BHCs or SLHCs after consummation of Freedom of Information Act (5 U.S.C. reflected on the current forms. the proposed transaction) seeking to 552). The confidentiality status of the Requesting this information at the acquire shares of a state member bank, information submitted is judged on a beginning of the review, through the SLHC or a BHC (or group of BHCs or case-by-case basis. forms, should increase the efficiency of SLHCs). The notice is submitted to the Because information is being the applications process and improve Board. The notice includes a description collected from individuals, the Board is transparency. For example, the draft of the proposed transaction, the required to make certain disclosures to final FR 2070 would require a purchase price and funding source, and the notificant under the Privacy Act (5 description of any contract deadlines the personal and financial information U.S.C. 552a(e)(3)). The disclosures made and any filings with other state and of the proposed acquirer(s) and any by the Federal Reserve on the FR 2081 federal regulators; the draft final FR proposed new management. meet the requirements of the Privacy 2081a would require a narrative The Interagency Notice of Change in Act. description of the proposal and Director or Senior Executive Officer The Bank Merger Act (BMA), 12 information regarding the expected form is used, under certain U.S.C. 1828(c), authorizes the Board to timing of the proposal; the draft final FR circumstances, by a state member bank, collect the information in the FR 2070. 2081c would require a description of BHC, SLHC, or the affected individual The BMA requires, in relevant part, that any liability that is contractually to notify the Board of a proposed change a state member bank, when it is the delinquent; and the draft final FR 2081a in the institution’s board of directors or acquiring, assuming or resulting bank, and FR 2081b would both require a senior executive officers. The notice obtain prior approval from the Board description of whether the submission must be filed only if the state member before merging or consolidating with is being filed after-the-fact and whether bank, SLHC, or BHC is not in another insured depository institution, any exemptions apply.

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In addition, each of the draft final Change in Control, Interagency Notice of Hart-Scott-Rodino Antitrust forms has been revised to remove Change in Director or Senior Executive Improvements Act of 1976, requires information that is no longer relevant. Officer, Interagency Biographical and persons contemplating certain mergers For example, the draft final FR 2070 Financial Report, Interagency Bank or acquisitions to give the Federal Trade would no longer require a description of Merger Act because each of the agencies Commission and the Assistant Attorney goodwill amortization and purchase uses the forms for information General advance notice and to wait discount accretion schedules because of collection. The agencies collaborated to designated periods before accounting rule changes; the draft final determine whether the forms should be consummation of such plans. Section FR 2081a would no longer require a modified. They reviewed the forms in 7A(b)(2) of the Act permits the agencies, description of current book value per consideration of current law and in individual cases, to terminate this share because that information can be applications processing procedures and waiting period prior to its expiration calculated using other available practices. and requires that notice of this action be information; and the draft final FR Board of Governors of the Federal Reserve published in the Federal Register. 2081c would remove the requirement to System, March 12, 2018. The following transactions were provide a fax number. Ann E. Misback, The comment period for this notice granted early termination—on the dates Secretary of the Board. indicated—of the waiting period expired on December 1, 2017. The [FR Doc. 2018–05255 Filed 3–14–18; 8:45 am] Board did not receive any comments. provided by law and the premerger BILLING CODE 6210–01–P The revisions will be implemented as notification rules. The listing for each proposed. transaction includes the transaction number and the parties to the Consultation With the Federal Deposit FEDERAL TRADE COMMISSION transaction. The grants were made by Insurance Corporation (FDIC) and the Federal Trade Commission and the Granting of Requests for Early Office of the Comptroller of the Assistant Attorney General for the Termination of the Waiting Period Currency (OCC) Antitrust Division of the Department of Under the Premerger Notification Justice. Neither agency intends to take Representatives from the Board Rules worked together with representatives any action with respect to these from the FDIC and OCC to draft Section 7A of the Clayton Act, 15 proposed acquisitions during the revisions to the Interagency Notice of U.S.C. 18a, as added by Title II of the applicable waiting period.

EARLY TERMINATIONS GRANTED FEBRUARY 1, 2018 THRU FEBRUARY 28, 2018

02/01/2018

20180647 ...... G Dominion Energy, Inc.; SCANA Corporation; Dominion Energy, Inc.

02/02/2018

20180107 ...... G Michael S. Dunlap; Great Lakes Higher Education Corporation; Michael S. Dunlap. 20180645 ...... G OCM Big Wave Equity Holdings LLC; Billabong International Ltd.; OCM Big Wave Equity Holdings LLC. 20180650 ...... G Ascension Health Alliance; Presence Health Network; Ascension Health Alliance. 20180676 ...... G KKR European Fund IV L.P.; Unilever N.V.; KKR European Fund IV L.P. 20180677 ...... G Grey Mountain Partners Fund III, L.P.; Brambles Limited; Grey Mountain Partners Fund III, L.P. 20180678 ...... G AXA S.A.; Maestro Health, Inc.; AXA S.A. 20180682 ...... G Alps Electric Co., Ltd.; Alpine Electronics, Inc.; Alps Electric Co., Ltd. 20180685 ...... G Fuad El-Hibri; Emergent BioSolutions, Inc.; Fuad El-Hibri.

02/05/2018

20180730 ...... G Idera Pharmaceuticals, Inc.; BioCryst Pharmaceuticals, Inc.; Idera Pharmaceuticals, Inc.

02/06/2018

20180611 ...... G Warburg Pincus Private Equity XI, L.P.; Dude Solutions Holdings, Inc.; Warburg Pincus Private Equity XI, L.P. 20180654 ...... G Corvex Select Equity Master Fund LP; Energen Corporation; Corvex Select Equity Master Fund LP. 20180683 ...... G Compass Diversified Holdings; Jeffrey Wayne Palmer; Compass Diversified Holdings. 20180702 ...... G GTCR Fund XII/A LP; AP VIII Duke Holdings, L.P.; GTCR Fund XII/A LP.

02/07/2018

20180662 ...... G Vista Foundation Fund II, L.P.; KKR 2006 Fund L.P.; Vista Foundation Fund II, L.P. 20180704 ...... G SLP BHN Investor, L.L.C.; Blackhawk Network Holdings, Inc.; SLP BHN Investor, L.L.C.

02/08/2018

20180534 ...... G W.R. Grace & Co.; Albemarle Corporation; W.R. Grace & Co. 20180623 ...... G ABB Ltd; General Electric Company; ABB Ltd.

02/09/2018

20180693 ...... G Rocher Participations; Natural Products Group, Inc.; Rocher Participations. 20180698 ...... G Michael J. Brown; Euronet Worldwide, Inc.; Michael J. Brown.

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EARLY TERMINATIONS GRANTED—Continued FEBRUARY 1, 2018 THRU FEBRUARY 28, 2018 20180699 ...... G Bureau Veritas S.A.; Joanne Limoges; Bureau Veritas S.A. 20180700 ...... G USA Compression Partners, LP; Energy Transfer Partners, L.P.; USA Compression Partners, LP. 20180705 ...... G Edgewell Personal Care Company; Jeff and Curran Dandurand; Edgewell Personal Care Company. 20180707 ...... G Archrock, Inc.; Archrock Partners, L.P.; Archrock, Inc. 20180710 ...... G Ardian LBO Fund VI A S.L.P.; Les Derives Resiniques et Terpeniques S.A.; Ardian LBO Fund VI A S.L.P. 20180713 ...... G Royal Dutch Shell plc; Silicon Ranch Corporation; Royal Dutch Shell plc. 20180715 ...... G Wolong Electric Group Co., Ltd.; General Electric Company; Wolong Electric Group Co., Ltd. 20180716 ...... G Green Equity Investors Side VII, L.P.; AEA Investors Fund V LP; Green Equity Investors Side VII, L.P. 20180718 ...... G NGP Natural Resources XI, L.P.; Bill Barrett Corporation; NGP Natural Resources XI, L.P. 20180720 ...... G Lincoln National Corporation; Liberty Mutual Holding Company Inc.; Lincoln National Corporation.

02/12/2018

20180681 ...... G Amdocs Limited; Vubiquity Holdings, Inc.; Amdocs Limited. 20180708 ...... G RELX PLC; ThreatMetrix, Inc.; RELX PLC. 20180709 ...... G RELX NV; ThreatMetrix, Inc.; RELX NV. 20180726 ...... G Genstar Capital Partners VI, L.P.; Action Acquisition Holding, Inc.; Genstar Capital Partners VI, L.P. 20180733 ...... G Lithia Motors, Inc.; Deborah Lee (Numrich) Flaherty; Lithia Motors, Inc. 20180734 ...... G Keller Group plc; Moretrench American Corporation; Keller Group plc.

02/13/2018

20180656 ...... G Baxter International Inc.; Mallinckrodt plc; Baxter International Inc.

02/15/2018

20171961 ...... G CoStar Group, Inc.; Landmark Media Enterprises, LLC; CoStar Group, Inc. 20180651 ...... G UnitedHealth Group Incorporated; Reliant Medical Group, Inc.; UnitedHealth Group Incorporated. 20180729 ...... G BioCryst Pharmaceuticals, Inc.; Idera Pharmaceuticals, Inc.; BioCryst Pharmaceuticals, Inc.

02/16/2018

20180739 ...... G New Mountain Partners IV, L.P.; Timothy S. O’Donnell; New Mountain Partners IV, L.P. 20180740 ...... G New Mountain Partners IV, L.P.; David F. O’Donnell; New Mountain Partners IV, L.P. 20180741 ...... G Exponent Private Equity Partners III, LP; Gartner, Inc.; Exponent Private Equity Partners III, LP. 20180742 ...... G Internap Corporation; Zak Boca; Internap Corporation. 20180743 ...... G Internap Corporation; Daniel Ushman; Internap Corporation. 20180744 ...... G Greenbriar Equity Fund III, L.P.; Monitor Clipper Equity Partners III, L.P.; Greenbriar Equity Fund III, L.P. 20180746 ...... G The Resolute Fund IV, L.P.; Carlisle Companies Incorporated; The Resolute Fund IV, L.P. 20180747 ...... G The Resolute Fund III, L.P.; Carlisle Companies Incorporated; The Resolute Fund III, L.P. 20180756 ...... G Clayton, Dubilier & Rice Fund X, L.P.; Caxton Global Investments Limited; Clayton, Dubilier & Rice Fund X, L.P. 20180757 ...... G Clayton Dubilier & Rice Fund X, L.P.; Golden Gate Capital Opportunity Fund, L.P.; Clayton Dubilier & Rice Fund X, L.P. 20180759 ...... G Enduring Resources IV, LLC; WPX Energy, Inc.; Enduring Resources IV, LLC. 20180761 ...... G Trident VII, L.P.; Gem Topco, LP; Trident VII, L.P. 20180763 ...... G Shutterfly, Inc.; Lifetouch Inc.; Shutterfly, Inc.

02/20/2018

20180725 ...... G GoDaddy Inc.; Main Street Hub, Inc.; GoDaddy Inc. 20180751 ...... G Cerberus Institutional Partners VI, L.P.; OCM Principal Opportunities Fund IV, L.P.; Cerberus Institutional Partners VI, L.P. 20180762 ...... G TPG Growth III (A), L.P.; Trivest Fund V, L.P.; TPG Growth III (A), L.P. 20180765 ...... G Sinji Yamazaki; Yamazaki Mazak Trading Corporation; Sinji Yamazaki. 20180766 ...... G H.I.G. Middle Market LBO Fund II, L.P.; Centerbridge Capital Partners II, L.P.; H.I.G. Middle Market LBO Fund II, L.P.

02/21/2018

20180692 ...... G Melrose Industries PLC; GKN plc; Melrose Industries PLC.

02/22/2018

20180758 ...... G On Assignment, Inc.; ECS Federal, LLC; On Assignment, Inc. 20180771 ...... G SAP SE; Callidus Software Inc.; SAP SE.

02/23/2018

20180703 ...... G GI Partners Fund V LP; Doxim Inc.; GI Partners Fund V LP. 20180752 ...... G Fresh Del Monte Produce Inc.; Mann Packing Co., Inc.; Fresh Del Monte Produce Inc.

02/26/2018

20180732 ...... G Motorola Solutions, Inc.; Avigilon Corporation; Motorola Solutions, Inc. 20180738 ...... G Bacardi Limited; John Paul Dejoria; Bacardi Limited. 20180750 ...... G CGFSP III Eagle, L.P.; CFGI Holdings, LLC; CGFSP III Eagle, L.P. 20180772 ...... G Capgemini SE; LiquidHub, Inc.; Capgemini SE.

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EARLY TERMINATIONS GRANTED—Continued FEBRUARY 1, 2018 THRU FEBRUARY 28, 2018 20180777 ...... G Newco; Golden Gate Capital Opportunity Fund, L.P.; Newco. 20180778 ...... G Mr. Jose Ignacio Vicente Sala Milego, Sr.; Gerdau S.A.; Mr. Jose Ignacio Vicente Sala Milego, Sr. 20180779 ...... G Mr. Juan Carlos Sala Milego; Gerdau S.A.; Mr. Juan Carlos Sala Milego. 20180780 ...... G Sentinel Capital Partners V, L.P.; James Sheffield; Sentinel Capital Partners V, L.P. 20180786 ...... G American International Group, Inc.; Validus Holdings, Ltd.; American International Group, Inc. 20180788 ...... G Ivory Super Holdco, Inc.; Avista Capital Partners III, L.P.; Ivory Super Holdco, Inc. 20180791 ...... G PES Inc.; PES Holdings, LLC; PES Inc. 20180802 ...... G Barry Diller; Expedia Inc.; Barry Diller. 20180808 ...... G CHG PPC Investor LLC; C.H. Guenther & Son, Incorporated; CHG PPC Investor LLC.

02/28/2018

20180735 ...... G Stanley Black & Decker, Inc.; Dubai Holding LLC; Stanley Black & Decker, Inc. 20180754 ...... G LogMeln, Inc.; Jive Communications, Inc.; LogMeln, Inc. 20180789 ...... G American Securities Partners VII, L.P.; PMHC II, Inc.; American Securities Partners VII, L.P. 20180804 ...... G TA XII–A L.P.; Polaris Venture Partners IV, L.P.; TA XII–A L.P. 20180807 ...... G Curtiss-Wright Corporation; Siemens Aktiengesellschaft; Curtiss-Wright Corporation. 20180816 ...... G GIP III Zephyr Acquisition Partners, L.P.; NRG Energy, Inc.; GIP III Zephyr Acquisition Partners, L.P.

For Further Information Contact: FEDERAL TRADE COMMISSION waiting period prior to its expiration Theresa Kingsberry, Program Support and requires that notice of this action be Specialist, Federal Trade Commission Granting of Requests for Early published in the Federal Register. Premerger Notification Office, Bureau of Termination of the Waiting Period The following transactions were Under the Premerger Notification Competition, Room CC–5301, granted early termination—on the dates Rules Washington, DC 20024, (202) 326–3100. indicated—of the waiting period By direction of the Commission. Section 7A of the Clayton Act, 15 provided by law and the premerger notification rules. The listing for each Donald S. Clark, U.S.C. 18a, as added by Title II of the Hart-Scott-Rodino Antitrust transaction includes the transaction Secretary. Improvements Act of 1976, requires number and the parties to the [FR Doc. 2018–05249 Filed 3–14–18; 8:45 am] persons contemplating certain mergers transaction. The grants were made by BILLING CODE 6750–01–P or acquisitions to give the Federal Trade the Federal Trade Commission and the Commission and the Assistant Attorney Assistant Attorney General for the General advance notice and to wait Antitrust Division of the Department of designated periods before Justice. Neither agency intends to take consummation of such plans. Section any action with respect to these 7A(b)(2) of the Act permits the agencies, proposed acquisitions during the in individual cases, to terminate this applicable waiting period.

EARLY TERMINATIONS GRANTED JANUARY 1, 2018 THRU JANUARY 31, 2018

01/03/2018

20180436 ...... G WestRock Company; Paul J. Magnell; WestRock Company. 20180446 ...... G D.E. Shaw Oculus International Fund; EQT Corporation; D.E. Shaw Oculus International Fund. 20180447 ...... G D.E. Shaw Composite Portfolios, L.L.C.; EQT Corporation; D.E. Shaw Composite Portfolios, L.L.C. 20180474 ...... G Colgate-Palmolive Company; Prairie Capital V, L.P.; Colgate-Palmolive Company. 20180487 ...... G Cortec Group Fund VI, L.P.; Harold V. Groome, III; Cortec Group Fund VI, L.P. 20180488 ...... G Cortec Group Fund VI, L.P.; Christopher A. Groome; Cortec Group Fund VI, L.P. 20180490 ...... G Novartis AG; Ultragenyx Pharmaceutical Inc.; Novartis AG. 20180493 ...... G Stryker Corporation; Entellus Medical, Inc.; Stryker Corporation. 20180503 ...... G Edward J. Foley, IV; Wayne Bromley and Jane Bromley; Edward J. Foley, IV. 20180508 ...... G KKR Americas Fund XII, L.P.; Sandvik AB; KKR Americas Fund XII, L.P. 20180510 ...... G American Securities Partners VII, L.P.; G. Stuart Yount; American Securities Partners VII, L.P. 20180512 ...... G TCO Holdings Inc.; Windjammer Senior Equity Fund III, L.P.; TCO Holdings Inc.

01/04/2018

20180420 ...... G Caesars Entertainment Corporation; Roderick J. Ratcliff; Caesars Entertainment Corporation. 20180429 ...... G Roark Capital Partners II, L.P.; Buffalo Wild Wings, Inc.; Roark Capital Partners II, L.P. 20180457 ...... G Piedmont Healthcare, Inc.; Columbus Regional Healthcare System, Inc.; Piedmont Healthcare, Inc. 20180497 ...... G Kao Corporation; Luxury Brand Partners, LLC; Kao Corporation. 20180498 ...... G GEODynamics B.V.; Oil States International, Inc.; GEODynamics B.V. 20180500 ...... G Oil States International, Inc.; GEODynamics B.V.; Oil States International, Inc.

01/05/2018

20180476 ...... G Sedgwick, Inc.; CL Acquisition Holdings Limited; Sedgwick, Inc.

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EARLY TERMINATIONS GRANTED—Continued JANUARY 1, 2018 THRU JANUARY 31, 2018 20180499 ...... G IIF US Holding LP; Southwest Generation Parentco, LLC; IIF US Holding LP. 20180517 ...... G AEA Investors Fund VI AIV LP; KPEX Holdings, Inc.; AEA Investors Fund VI AIV LP.

01/08/2018

20180482 ...... G Cineworld Group plc; Philip F. Anschutz; Cineworld Group plc. 20180496 ...... G Becle, S.A.B de C.V.; Hood River Distillers, Inc.; Becle, S.A.B de C.V. 20180513 ...... G Tencent Holdings Limited; Uber Technologies, Inc.; Tencent Holdings Limited. 20180518 ...... G Marathon Petroleum Corporation; MPLX LP; Marathon Petroleum Corporation. 20180525 ...... G SoftBank Vision Fund (AIV M1) L.P.; Urban Compass, Inc.; SoftBank Vision Fund (AIV M1) L.P. 20180543 ...... G Taylor Parent, LLC; Lifetime Brands, Inc.; Taylor Parent, LLC. 20180544 ...... G Lifetime Brands, Inc.; Taylor Parent, LLC; Lifetime Brands, Inc.

01/09/2018

20180469 ...... G Total System Services, Inc.; Parthenon Investors IV, L.P.; Total System Services, Inc. 20180533 ...... G Oak Hill Capital Partners IV (Onshore), L.P.; Sterling Capital Partners III, L.P.; Oak Hill Capital Partners IV (Onshore), L.P. 20180539 ...... G Ares Corporate Opportunities Fund V, L.P.; Convergint Technologies Holdings, LLC; Ares Corporate Opportunities Fund V, L.P.

01/10/2018

20180449 ...... G Royal Dutch Shell plc; SBM Offshore B.V.; Royal Dutch Shell plc. 20180504 ...... G Total S.A.; A.P. Moller Holding A/S; Total S.A. 20180516 ...... G Vinci S.A.; FR XII Charlie AIV, L.P.; Vinci S.A. 20180522 ...... G Andeavor; EnCap Flatrock Midstream Fund II, L.P.; Andeavor. 20180528 ...... G TEGNA Inc.; Elisabeth M. Kimmel; TEGNA Inc. 20180529 ...... G SK Invictus Holdings, L.P.; Israel Chemicals Ltd.; SK Invictus Holdings, L.P. 20180537 ...... G One Rock Capital Partners II, LP; Sun Capital Partners VI, LP.; One Rock Capital Partners II, LP. 20180542 ...... G Romulus Parent LLC; 1925637 Ontario Limited; Romulus Parent LLC.

01/11/2018

20180452 ...... G Kainos Capital Partners II LP; CulinArte’ Marketing Group, LLC; Kainos Capital Partners II LP. 20180494 ...... G Firmenich International SA; Natural Flavors, Inc.; Firmenich International SA.

01/12/2018

20180435 ...... G Meredith Corporation; Time Inc.; Meredith Corporation. 20180479 ...... G Elliott International Limited; Akamai Technologies, Inc.; Elliott International Limited. 20180549 ...... G The Hershey Trust Company, as Trustee for Milton Hershey Sch; Amplify Snack Brands, Inc.; The Hershey Trust Com- pany, as Trustee for Milton Hershey Sch.

01/16/2018

20180248 ...... G Cisco Systems, Inc.; Broadsoft, Inc.; Cisco Systems, Inc. 20180454 ...... G New Residential Investment Corp.; Shellpoint Partners, LLC; New Residential Investment Corp. 20180486 ...... G Ningbo Joyson Electronic Corporation; Takata Sogyo; Ningbo Joyson Electronic Corporation. 20180548 ...... G NQP SPV I, LP; Viamet Pharmaceuticals Holdings, LLC; NQP SPV I, LP. 20180551 ...... G Hakuhodo Dy Holdings, Inc.; IDEO Partners, LP; Hakuhodo Dy Holdings, Inc. 20180554 ...... G Platinum Equity Capital Partners International IV (Cayman); Husky IMS International Ltd.; Platinum Equity Capital Partners International IV (Cayman). 20180556 ...... G Hubbell Incorporated; Sun Capital Partners VI, L.P.; Hubbell Incorporated. 20180559 ...... G B.S.A. S.A.; The Icelandic Milk & Skyr Corporation; B.S.A. S.A. 20180560 ...... G Crown Holdings, Inc.; Carlyle Partners VI Cayman, L.P.; Crown Holdings, Inc. 20180564 ...... G Summit Park II, L.P.; The Pamela Zboch Irrevocable Trust; Summit Park II, L.P.

01/18/2018

20180561 ...... G PE Vertiv Holdings, LLC; PCE, Inc.; PE Vertiv Holdings, LLC. 20180570 ...... G WME Entertainment Parent, LLC; Searchlight Capital II PV, L.P.; WME Entertainment Parent, LLC.

01/19/2018

20180491 ...... G Linamar Corporation; Moray Marketing Ltd.; Linamar Corporation. 20180547 ...... G Silver Lake Partners V DE (AIV), L.P.; KKR 2006 Fund L.P.; Silver Lake Partners V DE (AIV), L.P. 20180572 ...... G Masco Corporation; The Harold S. Minoff Trust; Masco Corporation. 20180583 ...... G Masco Corporation; The Clare Minoff Trust; Masco Corporation.

01/23/2018

20180562 ...... G Dustin Moskovitz; Asana, Inc.; Dustin Moskovitz.

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EARLY TERMINATIONS GRANTED—Continued JANUARY 1, 2018 THRU JANUARY 31, 2018 01/24/2018

20180584 ...... G PAI Europe VI–I FPCI; Sun Capital Partners V, L.P.; PAI Europe VI–I FPCI. 20180589 ...... G Applied Industrial Technologies, Inc.; Harvest Partners VI, L.P.; Applied Industrial Technologies, Inc. 20180591 ...... G LB Spectrum Holdings, LLC; AT&T Inc.; LB Spectrum Holdings, LLC. 20180592 ...... G McDermott International, Inc.; Chicago Bridge & Iron Company N.V.; McDermott International, Inc. 20180593 ...... G Rockland Power Partners III, LP; The AES Corporation; Rockland Power Partners III, LP. 20180595 ...... G PAI Europe VI–1 FPCI; Refresco Group N.V.; PAI Europe VI–1 FPCI. 20180598 ...... G Corning Incorporated; 3M Company; Corning Incorporated. 20180599 ...... G Crestview Partners III, L.P.; Marlin Equity III, L.P.; Crestview Partners III, L.P. 20180601 ...... G Blue Water Aggregates Fund LP; Thomas S. Hoover, Sr.; Blue Water Aggregates Fund LP. 20180603 ...... G Softbank Group Corp.; Lemonade, Inc.; Softbank Group Corp. 20180607 ...... G Manulife Financial Corporation; Sodim SGPS, S.A.; Manulife Financial Corporation. 20180609 ...... G SCANA Corporation; LS Power Equity Partners III, L.P.; SCANA Corporation. 20180612 ...... G Diligere Holdings, L.P.; Diamond Parent Holdings, Corp.; Diligere Holdings, L.P. 20180622 ...... G M III Acquisition Corp.; Oaktree Power Opportunities Fund III, L.P.; M III Acquisition Corp. 20180625 ...... G Fluidra, S.A.; Piscine Luxembourg Holdings 1 S.a.r.l.; Fluidra, S.A. 20180626 ...... G Clearlake Capital Partners V, L.P.; Saw Mill Capital Partners, LP; Clearlake Capital Partners V, L.P. 20180634 ...... G Blue Water Aggregates Fund LP; Ephriam H. Hoover, III; Blue Water Aggregates Fund LP.

01/25/2018

20180558 ...... G Starboard Value and Opportunity Fund Ltd.; Cars.com Inc.; Starboard Value and Opportunity Fund Ltd.

01/29/2018

20180471 ...... G TPG VI Wolverine Co-Invest, LP; Assurant, Inc.; TPG VI Wolverine Co-Invest, LP. 20180473 ...... G TPG Partners VI–AIV, L.P.; Assurant, Inc.; TPG Partners VI–AIV, L.P. 20180555 ...... G Campbell Soup Company; Snyder’s-Lance, Inc.; Campbell Soup Company. 20180588 ...... G Celgene Corporation; Impact Biomedicines, Inc.; Celgene Corporation. 20180597 ...... G Discovery Global Opportunity Fund, Ltd.; Urban Compass, Inc.; Discovery Global Opportunity Fund, Ltd. 20180606 ...... G Hopmeadow Cayman GP LLC; The Hartford Financial Services Group, Inc.; Hopmeadow Cayman GP LLC. 20180629 ...... G Pamlico Capital Management LP; Mr. Thomas E. McInerney and Ms. Paula McInerney; Pamlico Capital Management LP. 20180632 ...... G Indigo Natural Resources LLC; Indigo Haynesville LLC; Indigo Natural Resources LLC. 20180633 ...... G Indigo Natural Resources LLC; M5 Midstream LLC; Indigo Natural Resources LLC. 20180635 ...... G Starr International Company, Inc.; New Mountain Partners IV (AIV–B), L.P.; Starr International Company, Inc. 20180636 ...... G Sompo Holdings, Inc.; Lexon Surety Group, LLC; Sompo Holdings, Inc. 20180637 ...... G Accel-KKR Capital Partners V, LP; Pylon Capital LLC; Accel-KKR Capital Partners V, LP. 20180638 ...... G LifeBridge Health, Inc.; Affinity Health Alliance, Inc.; LifeBridge Health, Inc. 20180640 ...... G Platinum Equity Capital Partners IV, L.P.; Winter Street Opportunities Fund, L.P.; Platinum Equity Capital Partners IV, L.P. 20180642 ...... G Apollo VIII Uniform Investor, L.P.; FCFI Acquisition LLC; Apollo VIII Uniform Investor, L.P. 20180644 ...... G KKR North America XI (Indigo) Blocker Parent L.P.; Avvo, Inc.; KKR North America XI (Indigo) Blocker Parent L.P. 20180653 ...... G Kinder Morgan, Inc.; The Southern Company; Kinder Morgan, Inc.

01/30/2018

20180563 ...... G Conagra Brands, Inc.; Kangaroo Brands, Inc.; Conagra Brands, Inc. 20180613 ...... G Omnicom Group Inc.; Brenda Snow; Omnicom Group Inc. 20180614 ...... G Omnicom Group Inc.; Corbin Wood; Omnicom Group Inc. 20180643 ...... G Mercury Fortuna Buyer, LLC; Shahriar ‘‘James’’ Ekbatani; Mercury Fortuna Buyer, LLC.

01//31/2018

20180660 ...... G Compass Diversified Holdings; Warren F. Florkiewicz; Compass Diversified Holdings. 20180664 ...... G Energy Capital Partners IV–A, LP; KS Family Holdings Corporation; Energy Capital Partners IV–A, LP. 20180667 ...... G Frederic Sanchez; Novafives SAS; Frederic Sanchez. 20180675 ...... G Allscripts Healthcare Solutions, Inc.; Practice Fusion, Inc.; Allscripts Healthcare Solutions, Inc.

FOR FURTHER INFORMATION CONTACT: FEDERAL TRADE COMMISSION SUMMARY: The consent agreement in this Theresa Kingsberry, Program Support matter settles alleged violations of Specialist, Federal Trade Commission [File No. 171 0217] federal law prohibiting unfair methods Premerger Notification Office, Bureau of of competition. The attached Analysis to Competition, Room CC–5301, Air Medical Group Holdings, Inc., KKR Aid Public Comment describes both the Washington, DC 20024, (202) 326–3100. North America Fund XI (AMG) LLC, and allegations in the complaint and the By direction of the Commission. AMR Holdco, Inc.; Analysis To Aid terms of the consent orders—embodied Public Comment Donald S. Clark, in the consent agreement—that would settle these allegations. Secretary. AGENCY: Federal Trade Commission. [FR Doc. 2018–05248 Filed 3–14–18; 8:45 am] DATES: Comments must be received on ACTION: Proposed consent agreement. BILLING CODE 6750–01–P or before April 6, 2018.

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ADDRESSES: Interested parties may file a the extent practicable, on the public Comments containing material for comment online or on paper, by Commission website, at https:// which confidential treatment is following the instructions in the www.ftc.gov/policy/public-comments. requested must be filed in paper form, Request for Comment part of the Postal mail addressed to the must be clearly labeled ‘‘Confidential,’’ SUPPLEMENTARY INFORMATION section Commission is subject to delay due to and must comply with FTC Rule 4.9(c). below. Write: ‘‘Air Medical Group heightened security screening. As a In particular, the written request for Holdings, Inc., KKR North America result, we encourage you to submit your confidential treatment that accompanies Fund XI (AMG) LLC, and AMR Holdco, comments online. To make sure that the the comment must include the factual Inc.; File No. 1710217, Docket No. C– Commission considers your online and legal basis for the request, and must 4642’’ on your comment, and file your comment, you must file it at https:// identify the specific portions of the comment online at https:// ftcpublic.commentworks.com/ftc/kkr comment to be withheld from the public ftcpublic.commentworks.com/ftc/kkr envisionamgconsent by following the record. See FTC Rule 4.9(c). Your envisionamgconsent by following the instructions on the web-based form. If comment will be kept confidential only instructions on the web-based form. If this Notice appears at http:// if the General Counsel grants your you prefer to file your comment on www.regulations.gov/#!home, you also request in accordance with the law and paper, write ‘‘Air Medical Group may file a comment through that the public interest. Once your comment Holdings, Inc., KKR North America website. has been posted on the public FTC Fund XI (AMG) LLC, and AMR Holdco, If you prefer to file your comment on website—as legally required by FTC Inc.; File No. 1710217, Docket No. C– paper, write ‘‘Air Medical Group Rule 4.9(b)—we cannot redact or 4642’’ on your comment and on the Holdings, Inc., KKR North America remove your comment from the FTC envelope, and mail your comment to the Fund XI (AMG) LLC, and AMR Holdco, website, unless you submit a following address: Federal Trade Inc.; File No. 1710217, Docket No. C– confidentiality request that meets the Commission, Office of the Secretary, 4642’’ on your comment and on the requirements for such treatment under 600 Pennsylvania Avenue NW, Suite envelope, and mail your comment to the FTC Rule 4.9(c), and the General CC–5610 (Annex D), Washington, DC following address: Federal Trade Counsel grants that request. 20580, or deliver your comment to the Commission, Office of the Secretary, Visit the FTC website at http:// following address: Federal Trade 600 Pennsylvania Avenue NW, Suite www.ftc.gov to read this Notice and the Commission, Office of the Secretary, CC–5610 (Annex D), Washington, DC news release describing it. The FTC Act Constitution Center, 400 7th Street SW, 20580, or deliver your comment to the and other laws that the Commission 5th Floor, Suite 5610 (Annex D), following address: Federal Trade administers permit the collection of Washington, DC 20024. Commission, Office of the Secretary, public comments to consider and use in Constitution Center, 400 7th Street SW, FOR FURTHER INFORMATION CONTACT: this proceeding, as appropriate. The Sylvia Kundig (415–848–5188), Western 5th Floor, Suite 5610 (Annex D), Commission will consider all timely Region-San Francisco, 901 Market Washington, DC 20024. If possible, and responsive public comments that it Street, Suite 570, San Francisco, CA submit your paper comment to the receives on or before April 6, 2018. For Commission by courier or overnight 94103. information on the Commission’s service. privacy policy, including routine uses SUPPLEMENTARY INFORMATION: Pursuant Because your comment will be placed permitted by the Privacy Act, see to Section 6(f) of the Federal Trade on the publicly accessible FTC website Commission Act, 15 U.S.C. 46(f), and at https://www.ftc.gov, you are solely https://www.ftc.gov/site-information/ FTC Rule 2.34, 16 CFR 2.34, notice is responsible for making sure that your privacy-policy. hereby given that the above-captioned comment does not include any sensitive Analysis of Proposed Consent Orders consent agreement containing a consent or confidential information. In To Aid Public Comment order to cease and desist, having been particular, your comment should not I. Introduction filed with and accepted, subject to final include any sensitive personal approval, by the Commission, has been information, such as your or anyone The Federal Trade Commission placed on the public record for a period else’s Social Security number; date of (‘‘Commission’’) has accepted, subject to of thirty (30) days. The following birth; driver’s license number or other final approval, an Agreement Analysis to Aid Public Comment state identification number, or foreign Containing Consent Orders (‘‘Consent describes the terms of the consent country equivalent; passport number; Agreement’’) with KKR North America agreement, and the allegations in the financial account number; or credit or Fund XI (AMG), LLC, Air Medical complaint. An electronic copy of the debit card number. You are also solely Group Holdings, Inc., (‘‘AMGH’’), and full text of the consent agreement responsible for making sure that your AMR Holdco, Inc. (‘‘AMR’’). The package can be obtained from the FTC comment does not include any sensitive Consent Agreement is intended to Home Page (for March 7, 2018), on the health information, such as medical remedy the anticompetitive effects that World Wide Web, at https:// records or other individually likely would result from AMGH’s www.ftc.gov/news-events/commission- identifiable health information. In proposed acquisition of AMR (the actions. addition, your comment should not ‘‘Acquisition’’). Under the terms of the You can file a comment online or on include any ‘‘trade secret or any Consent Agreement, AMR must sell its paper. For the Commission to consider commercial or financial information inter-facility air medical transport your comment, we must receive it on or which . . . is privileged or services business in Hawaii. The before April 6, 2018. Write ‘‘Air Medical confidential’’—as provided by Section Acquisition, if consummated, would Group Holdings, Inc., KKR North 6(f) of the FTC Act, 15 U.S.C. 46(f), and result in the consolidation of the only America Fund XI (AMG) LLC, and AMR FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— two inter-facility air medical transport Holdco, Inc.; File No. 1710217, Docket including in particular competitively service providers in Hawaii. No. C–4642’’ on your comment. Your sensitive information such as costs, The Consent Agreement has been comment—including your name and sales statistics, inventories, formulas, placed on the public record for 30 days your state—will be placed on the public patterns, devices, manufacturing to solicit comments from interested record of this proceeding, including, to processes, or customer names. persons. Comments received during this

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period will become part of the public The Commission’s Complaint alleges transfer patients to and from medical record. After 30 days, the Commission that the relevant geographic market in facilities and the aircraft it operates. will again review the Consent which to analyze the effects of the The proposed Consent Agreement Agreement and the comments received, Acquisition is the State of Hawaii. also contains an Order to Maintain and will decide whether it should The Commission’s Complaint alleges Assets that will issue at the time the withdraw from the Consent Agreement, that the Acquisition will increase proposed Consent Agreement is modify it, or make final the Decision concentration in an already highly accepted for public comment. The Order and Order (‘‘Order’’). concentrated market. AMGH and AMR to Maintain Assets requires Respondents to operate and maintain II. The Parties are the only two providers of inter- facility air ambulance transport services the divestiture assets in the normal A. AMGH in Hawaii. course of business through the date that the Respondents complete divestiture of AMGH is wholly owned by KKR V. Effects of the Transaction North America Fund XI (AMG) LLC. It the assets, thereby maintaining the is likely the largest provider of air According to the Commission, the economic viability, marketability, and ambulance services in the United States effect of the Acquisition, if competitiveness of the assets. The Order with 270 operating locations in 38 consummated, may be substantially to to Maintain Assets also authorizes the states. AMGH operates as Hawaii Life lessen competition and tend to create a Commission to appoint an independent Flight in Hawaii. monopoly in inter-facility air ambulance third party as a monitor to oversee the transport services, and increase the Respondents’ compliance with the B. AMR likelihood of the unilateral exercise of requirements of the proposed Consent AMR is a wholly-owned subsidiary of market power. The Acquisition would Agreement. Envision Healthcare and is the largest increase the likelihood that consumers, The purpose of this analysis is to national ground ambulance provider in third-party payers, or government health facilitate public comment on the the United States, but also provides air care providers would be forced to pay proposed Consent agreement, and the ambulance services in several locations. higher prices or experience degradation Commission does not intend this In Hawaii, it provides both ground in service or quality. analysis to constitute an official ambulance services and inter-facility air interpretation of the proposed Consent ambulance transport services. To VI. Entry Conditions Agreement or to modify its terms in any provide inter-facility air ambulance The Commission’s Complaint alleges way. transport services, AMR partners with that entry into the relevant market By direction of the Commission. LifeTeam, an air ambulance provider would not be timely, likely, or sufficient Donald S. Clark, located in the Midwest, which has the to deter or counteract the Secretary. necessary FAA licenses and anticompetitive effects of the certifications, and provides the pilots [FR Doc. 2018–05251 Filed 3–14–18; 8:45 am] Acquisition. The primary barrier to BILLING CODE 6750–01–P and maintenance for the fixed-wing entry is the lack of sufficient volume of aircraft. AMR handles the marketing, referrals and payments from third party medical personnel, and billing for the payers to justify the economic risk of FEDERAL TRADE COMMISSION services provided. new entry, even if the parties imposed [File No. 161 0230] III. The Proposed Acquisition a small but significant non-transitory Under an agreement executed on increase in price (SSNIP). Oregon Lithoprint, Inc.; Analysis To August 7, 2017, AMGH will acquire 100 VII. The Proposed Consent Agreement Aid Public Comment percent of the voting stock of AMR in a deal valued at approximately $2.4 The proposed Consent Agreement AGENCY: Federal Trade Commission. billion. remedies the anticompetitive concerns ACTION: Proposed consent agreement. The Commission’s Complaint alleges raised by the Acquisition by requiring SUMMARY: The consent agreement in this that the Acquisition, if consummated AMR to sell its inter-facility air matter settles alleged violations of would violate Section 7 of the Clayton ambulance transport services business, federal law prohibiting unfair methods Act, as amended, 15 U.S.C. 18, and including the assets that support that of competition. The attached Analysis to Section 5 of the FTC Act, as amended, business, to AIRMD, LLC, dba LifeTeam. Aid Public Comment describes both the 15 U.S.C. 45, by substantially lessening LifeTeam is a large, established allegations in the complaint and the competition for the provision of inter- company with experience in the terms of the consent order—embodied facility air ambulance transport services industry. It is also the current operator in the consent agreement—that would in Hawaii. of the FAA certified aircraft used by AMR for inter-facility air ambulance settle these allegations. IV. The Relevant Market and Structure transport services in Hawaii, and thus DATES: Comments must be received on of the Markets very familiar with AMR’s assets and or before April 8, 2018. The Commission’s Complaint alleges operations in Hawaii. Under the ADDRESSES: Interested parties may file a that the relevant product market in proposed Consent Agreement, AMR will comment online or on paper, by which to analyze the Acquisition is the divest to LifeTeam the four-fixed wing following the instructions in the provision of inter-facility air ambulance aircraft it uses to fly patients inter- Request for Comment part of the transport services. These services island, support LifeTeam’s application SUPPLEMENTARY INFORMATION section consist of air ambulance services that for a Certificate of Need with the State below. Write: ‘‘In the Matter of transfer patients between medical of Hawaii to operate ground Oregon Lithoprint, Inc., File No. 161 facilities on different islands, including ambulances, and offer LifeTeam the 0230’’ on your comment, and file your from medical facilities with low acuity option to purchase up to four ground comment online at https:// or limited patient treatment capabilities ambulances from AMR. LifeTeam would ftcpublic.commentworks.com/ftc/oregon to those that can provide the use the ground ambulances to support lithoprintconsent by following the appropriate medical and surgical care. its air ambulance transport service to instructions on the web-based form. If

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you prefer to file your comment on Lithoprint, Inc., File No. 161 0230’’ on confidentiality request that meets the paper, write ‘‘In the Matter of Oregon your comment and on the envelope, and requirements for such treatment under Lithoprint, Inc., File No. 161 0230’’ on mail your comment to the following FTC Rule 4.9(c), and the General your comment and on the envelope, and address: Federal Trade Commission, Counsel grants that request. mail your comment to the following Office of the Secretary, 600 Visit the FTC website at http:// address: Federal Trade Commission, Pennsylvania Avenue NW, Suite CC– www.ftc.gov to read this Notice and the Office of the Secretary, 600 5610 (Annex D), Washington, DC 20580, news release describing it. The FTC Act Pennsylvania Avenue NW, Suite CC– or deliver your comment to the and other laws that the Commission 5610 (Annex D), Washington, DC 20580, following address: Federal Trade administers permit the collection of or deliver your comment to the Commission, Office of the Secretary, public comments to consider and use in following address: Federal Trade Constitution Center, 400 7th Street SW, this proceeding, as appropriate. The Commission, Office of the Secretary, 5th Floor, Suite 5610 (Annex D), Commission will consider all timely Constitution Center, 400 7th Street SW, Washington, DC 20024. If possible, and responsive public comments that it 5th Floor, Suite 5610 (Annex D), submit your paper comment to the receives on or before April 8, 2018. For Washington, DC 20024. Commission by courier or overnight information on the Commission’s FOR FURTHER INFORMATION CONTACT: service. privacy policy, including routine uses Michael Turner (202–326–3619), Bureau Because your comment will be placed permitted by the Privacy Act, see of Competition, 600 Pennsylvania on the publicly accessible FTC website https://www.ftc.gov/site-information/ Avenue NW, Washington, DC 20580. at https://www.ftc.gov, you are solely privacy-policy. responsible for making sure that your SUPPLEMENTARY INFORMATION: Pursuant comment does not include any sensitive Analysis of Agreement Containing to Section 6(f) of the Federal Trade or confidential information. In Consent Orders To Aid Public Comment Commission Act, 15 U.S.C. 46(f), and particular, your comment should not FTC Rule 2.34, 16 CFR 2.34, notice is The Federal Trade Commission include any sensitive personal (‘‘Commission’’) has accepted, subject to hereby given that the above-captioned information, such as your or anyone consent agreement containing a consent final approval, an agreement containing else’s Social Security number; date of consent order (‘‘Consent Agreement’’) order to cease and desist, having been birth; driver’s license number or other filed with and accepted, subject to final from Oregon Lithoprint Inc. (‘‘OLI’’). state identification number, or foreign The Commission’s Complaint alleges approval, by the Commission, has been country equivalent; passport number; placed on the public record for a period that OLI violated Section 5 of the financial account number; or credit or Federal Trade Commission Act, as of thirty (30) days. The following debit card number. You are also solely Analysis to Aid Public Comment amended, 15 U.S.C. 45, by inviting a responsible for making sure that your competitor in the publication of describes the terms of the consent comment does not include any sensitive agreement, and the allegations in the foreclosure notices to divide clients by health information, such as medical geographic market. complaint. An electronic copy of the records or other individually Under the terms of the proposed full text of the consent agreement identifiable health information. In Consent Agreement, OLI is required to package can be obtained from the FTC addition, your comment should not cease and desist from communicating Home Page (for March 9, 2018), on the include any ‘‘trade secret or any World Wide Web, at https:// commercial or financial information with its competitors about the www.ftc.gov/news-events/commission- which . . . is privileged or placement of foreclosure notices. It is actions. confidential’’—as provided by Section also barred from entering into, You can file a comment online or on 6(f) of the FTC Act, 15 U.S.C. 46(f), and participating in, inviting, or soliciting paper. For the Commission to consider FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— an agreement with any competitor to your comment, we must receive it on or including in particular competitively divide markets or to allocate customers. before April 8, 2018. Write ‘‘In the sensitive information such as costs, The Consent Agreement has been Matter of Oregon Lithoprint, Inc., File sales statistics, inventories, formulas, placed on the public record for 30 days No. 161 0230’’ on your comment. Your patterns, devices, manufacturing for receipt of comments from interested comment—including your name and processes, or customer names. members of the public. Comments your state—will be placed on the public Comments containing material for received during this period will become record of this proceeding, including, to which confidential treatment is part of the public record. After 30 days, the extent practicable, on the public requested must be filed in paper form, the Commission will review the Consent Commission website, at https:// must be clearly labeled ‘‘Confidential,’’ Agreement again and the comments www.ftc.gov/policy/public-comments. and must comply with FTC Rule 4.9(c). received, and will decide whether it Postal mail addressed to the In particular, the written request for should withdraw from the Consent Commission is subject to delay due to confidential treatment that accompanies Agreement or make final the heightened security screening. As a the comment must include the factual accompanying Decision and Order result, we encourage you to submit your and legal basis for the request, and must (‘‘Proposed Order’’). comments online. To make sure that the identify the specific portions of the The purpose of this Analysis to Aid Commission considers your online comment to be withheld from the public Public Comment is to invite and comment, you must file it at https:// record. See FTC Rule 4.9(c). Your facilitate public comment. It is not ftcpublic.commentworks.com/ftc/oregon comment will be kept confidential only intended to constitute an official lithoprintconsent by following the if the General Counsel grants your interpretation of the proposed Consent instructions on the web-based form. If request in accordance with the law and Agreement and the accompanying this Notice appears at http:// the public interest. Once your comment Proposed Order or in any way to modify www.regulations.gov/#!home, you also has been posted on the public FTC their terms. may file a comment through that website—as legally required by FTC I. The Complaint website. Rule 4.9(b)—we cannot redact or If you prefer to file your comment on remove your comment from the FTC The allegations of the Complaint are paper, write ‘‘In the Matter of Oregon website, unless you submit a summarized below:

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OLI owns the News-Register, a twice- an invitation to collude: OLI proposed invitation 7 This is for several reasons. weekly community newspaper based in a market allocation scheme and First, unaccepted solicitations may Yamhill, Oregon. Among other things, expressed a hope that its competitor facilitate coordination between the News-Register charges clients to would join that conduct. The competitors because they reveal publish a type of legal notice known as Commission has long held that information about the solicitor’s a foreclosure notice. Under Oregon law, invitations to collude violate Section 5 intentions or preferences. Second, it can parties foreclosing on real property must of the FTC Act. be difficult to discern whether a place a notice of foreclosure in a In a 2015 statement, the Commission competitor has accepted a solicitation. qualifying newspaper in the county explained that unfair methods of Third, finding a violation may deter within which the property is located. competition under Section 5 ‘‘must conduct that has no legitimate business The News-Register’s only competitor cause, or be likely to cause, harm to purpose.8 in Yamhill County is The Newberg competition or the competitive process, III. The Proposed Consent Order Graphic, a weekly community taking into account any associated newspaper. The Newberg Graphic also cognizable efficiencies and business The Proposed Order contains the following substantive provisions: publishes foreclosure notices, and it justifications.’’ 1 Potential violations are Section II, Paragraph A of the charges considerably less than the evaluated under a ‘‘framework similar to News-Register for the service. The 2 Proposed Order enjoins OLI from the rule of reason.’’ Competitive effects entering or attempting to enter any News-Register has more subscribers and analysis under the rule of reason a wider circulation within Yamhill agreement to refuse to publish legal depends upon the nature of the conduct notices or allocate customers for the County than The Newberg Graphic. that is under review.3 In August 2016, the publisher of the publication of legal notices. News-Register learned that a client An invitation to collude is Section II, Paragraph B prohibits OLI intended to place foreclosure notices ‘‘potentially harmful and . . . serves no from publically or privately 4 only in The Newberg Graphic from that legitimate business purpose.’’ For this communicating with a competitor that point on because The Newberg Graphic reason, the Commission treats such the competitor should advice customers was less expensive than the News- conduct as ‘‘inherently suspect’’ (that is, to place foreclosure notices in the 5 Register. In response, on August 29, presumptively anticompetitive). newspaper with the widest circulation 2016, the publisher emailed a manager Accordingly, an invitation to collude in the area in which the property is at the parent company of The Newberg can be condemned under Section 5 located, or refuse to publish notices for Graphic and explained the publisher’s without a showing that the respondent properties located in a competitor’s view that, under state law, foreclosure possesses market power.6 primary distribution area. notices should be placed in the The Commission has long held that an Section II, Paragraph C, contains three newspaper with the largest circulation invitation to collude violates Section 5 provisos. The first allows OLI to in the area that the property is located. of the FTC Act even where there is no communicate with any governmental The publisher concluded his email by proof that the competitor accepted the body regarding the proper interpretation inviting the competitor to join the of state law related to legal notices. The News-Register in instructing mutual 1 Fed. Trade Comm’n, Statement of Enforcement second allows OLI to participate with clients that they should place Principles Regarding ‘‘Unfair Methods of any effort of the Oregon newspaper Competition’’ Under Section 5 of the FTC Act (Aug. association to lobby any governmental foreclosure notices in the newspaper 13, 2015) (Section 5 Unfair Methods of Competition dominant in the area of the foreclosed Policy Statement), available at https://www.ftc.gov/ body regarding legal notices. The third property. The parent company of the system/files/documents/public_statements/735201/ allows OLI to disseminate information The Newberg Graphic rejected the 150813section5enforcement.pdf. Acting Chairman regarding legal notices to the public. invitation and reported it to the Federal Ohlhausen dissented from the issuance of the Sections III–VI of the Proposed Order Section 5 Unfair Methods of Competition Policy impose certain standard reporting and Trade Commission. Statement. See https://www.ftc.gov/public- Several months later, in October 2016, statements/2015/08/dissenting-statement- compliance requirements on OLI. the publisher of the News-Register commissioner-ohlhausen-ftc-act-section-5-policy. The Proposed Order will expire in 10 emailed the competitor again to state 2 Section 5 Unfair Methods of Competition Policy years. that the News-Register had told a client Statement. 3 See, e.g., California Dental Ass’n v. FTC, 526 7 to use The Newberg Graphic because the See, e.g., In re Valassis Commc’ns, Inc., 141 U.S. 756, 781 (1999) (‘‘What is required . . . is an F.T.C. 247 (2006); In re Stone Container, 125 F.T.C. property in question was located in its inquiry meet for the case, looking to the 853 (1998); In re Precision Moulding, 122 F.T.C. 104 area, and that the client was in fact circumstances, details, and logic of a restraint.’’). (1996). See also In re McWane, Inc., Docket No. going to use The Newberg Graphic to 4 In re Valassis Commc’ns., Inc., 141 F.T.C. 247, 9351, Opinion of the Commission on Motions for publish the notice. He ended the email 283 (2006) (Analysis of Agreement Containing Summary Decision at 20–21 (F.T.C. Aug. 9, 2012) Consent Order to Aid Public Comment); see also (‘‘an invitation to collude is ‘the quintessential stating ‘‘[i]t is probably too much to Address by FTC Chairwoman Edith Ramirez, example of the kind of conduct that should be . . . expect that others would do likewise.’’ Section 5 Enforcement Principles, George challenged as a violation of Section 5’ ’’) (citing the The parent company of the The Washington University Law School at 5 (Aug. 13, Statement of Chairman Liebowitz and Newberg Graphic interpreted this 2015), available at https://www.ftc.gov/system/files/ Commissioners Kovacic and Rosch, In re U-Haul documents/public_statements/735411/ Int’l, Inc., 150 F.T.C. 1, 53 (2010)). This conclusion second email as another invitation to 150813section5speech.pdf. has been endorsed by leading antitrust scholars. See collude, rejected the invitation, and 5 See, e.g., In re North Carolina Bd. of Dental P. Areeda & H. Hovenkamp, VI ANTITRUST LAW reported it to the Federal Trade Examiners, 152 F.T.C. 640, 668 (2011) (noting that ¶ 1419 (2003); Stephen Calkins, Counterpoint: The Commission. conduct is inherently suspect if it can be Legal Foundation of the Commission’s Use of ‘‘reasonably characterized as ‘giv[ing] rise to an Section 5 to Challenge Invitations to Collude is II. Analysis intuitively obviously inference of anticompetitive Secure, ANTITRUST Spring 2000, at 69. In a case effect.’ ’’ (citation omitted)). brought under a state’s version of Section 5, the OLI’s August 29, 2016, email to its 6 See, e.g., In re Realcomp II, Ltd., 148 F.T.C. First Circuit expressed support for the competitor is an explicit attempt to ___, No. 9320, 2009 FTC LEXIS 250 at *51 (Oct. 30, Commission’s application of Section 5 to arrange an agreement between the two 2009) (Comm’n Op.) (explaining that if conduct is invitations to collude. Liu v. Amerco, 677 F.3d 489 ‘‘inherently suspect’’ in nature, and there are no (1st Cir. 2012). companies to divide foreclosure notices cognizable procompetitive justifications, the 8 In re Valassis Comm’c, Inc., 141 F.T.C. 247, 283 by geography. It is an invitation to Commission can condemn it ‘‘without proof of (2006) (Analysis of Agreement Containing Consent collude. The October 2016 email is also market power or actual effects’’). Order to Aid Public Comment).

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The purpose of this analysis is to cdc.gov), National Center for rotavirus, hepatitis A, meningococcal, facilitate public comment on the Immunization and Respiratory Diseases, human papillomavirus (HPV), and proposed Consent agreement, and the Centers for Disease Control and seasonal influenza vaccines. Commission does not intend this Prevention, Mailstop A–19, 1600 Clifton Instructions for use of the vaccine analysis to constitute an official Road NE, Atlanta, Georgia 30329. information materials are found on the interpretation of the proposed Consent SUPPLEMENTARY INFORMATION: The CDC website at: http://www.cdc.gov/ Agreement or to modify its terms in any National Childhood Vaccine Injury Act vaccines/hcp/vis/index.html. way. of 1986 (Pub. L. 99–660), as amended by Revised Vaccine Information Materials By direction of the Commission. section 708 of Public Law 103–183, The vaccine information materials Donald S. Clark, added section 2126 to the Public Health referenced in this notice were Secretary. Service Act. Section 2126, codified at 42 U.S.C. 300aa–26, requires the Secretary developed in consultation with the [FR Doc. 2018–05252 Filed 3–14–18; 8:45 am] Advisory Commission on Childhood BILLING CODE 6750–01–P of Health and Human Services to develop and disseminate vaccine Vaccines, the Food and Drug information materials for distribution by Administration, and parent and all health care providers in the United healthcare provider organizations. DEPARTMENT OF HEALTH AND Following consultation and review of HUMAN SERVICES States to any patient (or to the parent or legal representative in the case of a comments submitted, the vaccine child) receiving vaccines covered under information materials covering MMR Centers for Disease Control and and MMRV vaccines have been Prevention the National Vaccine Injury Compensation Program (VICP). finalized and are available to download [Docket No. CDC–2016–0094] Development and revision of the from http://www.cdc.gov/vaccines/hcp/ vis/index.html or http:// Final Revised Vaccine Information vaccine information materials, also known as Vaccine Information www.regulations.gov (see Docket Materials for MMR (Measles, Mumps, Number CDC–2016–0094). The Vaccine and Rubella) and MMRV (Measles, Statements (VIS), have been delegated by the Secretary to the Centers for Information Statements (VISs) are Mumps, Rubella, and Varicella) ‘‘MMR Vaccine (Measles, Mumps, and Vaccines Disease Control and Prevention (CDC). Section 2126 requires that the materials Rubella): What You Need to Know’’ and AGENCY: Centers for Disease Control and be developed, or revised, after notice to ‘‘MMRV Vaccine (Measles, Mumps, Prevention (CDC), Department of Health the public, with a 60-day comment Rubella, and Varicella): What You Need and Human Services (HHS). period, and in consultation with the to Know,’’ publication date February 12, ACTION: Notice. Advisory Commission on Childhood 2018. With publication of this notice, by Vaccines, appropriate health care June 1, 2018, all health care providers SUMMARY: Under the National provider and parent organizations, and must discontinue use of the previous Childhood Vaccine Injury Act (NCVIA), the Food and Drug Administration. The editions and provide copies of these CDC must develop vaccine information law also requires that the information updated vaccine information materials materials that all health care providers contained in the materials be based on prior to immunization in conformance are required to give to patients/parents available data and information, be with CDC’s February 23, 2018 prior to administration of specific presented in understandable terms, and Instructions for the Use of Vaccine vaccines. On October 18, 2016, CDC include: Information Statements. published a notice in the Federal (1) A concise description of the Register seeking public comments on benefits of the vaccine, Dated: March 12, 2018. proposed updated vaccine information (2) A concise description of the risks Sandra Cashman, materials for MMR vaccine and MMRV associated with the vaccine, Executive Secretary, Centers for Disease vaccine. Following review of comments (3) A statement of the availability of Control and Prevention. submitted and consultation as required the National Vaccine Injury [FR Doc. 2018–05299 Filed 3–14–18; 8:45 am] under the law, CDC has finalized the Compensation Program, and BILLING CODE 4163–18–P materials. Copies of the final vaccine (4) Such other relevant information as information materials for MMR and may be determined by the Secretary. MMRV vaccine are available to The vaccines initially covered under DEPARTMENT OF HEALTH AND download from http://www.cdc.gov/ the National Vaccine Injury HUMAN SERVICES vaccines/hcp/vis/index.html or http:// Compensation Program were diphtheria, www.regulations.gov (see Docket tetanus, pertussis, measles, mumps, Centers for Disease Control and Number CDC–2016–0094). rubella, and poliomyelitis vaccines. Prevention DATES: Beginning no later than June 1, Since April 15, 1992, any health care [60Day–FY–1072; Docket No. CDC–2018– 2018, each health care provider who provider in the United States who 0020] administers MMR or MMRV vaccine to intends to administer one of these any child or adult in the United States covered vaccines is required to provide Proposed Data Collection Submitted shall provide copies of the relevant copies of the relevant vaccine for Public Comment and vaccine information materials information materials prior to Recommendations referenced in this notice, dated February administration of any of these vaccines. AGENCY: 12, 2018, in conformance with the Centers for Disease Control and Since then, the following vaccines have Prevention (CDC), Department of Health February 23, 2018 CDC Instructions for been added to the National Vaccine the Use of Vaccine Information and Human Services (HHS). Injury Compensation Program, requiring ACTION: Notice with comment period. Statements prior to providing such use of vaccine information materials for vaccinations. them as well: Hepatitis B, Haemophilus SUMMARY: The Centers for Disease FOR FURTHER INFORMATION CONTACT: influenzae type b (Hib), varicella Control and Prevention (CDC), as part of Suzanne Johnson-DeLeon (msj1@ (chickenpox), pneumococcal conjugate, its continuing effort to reduce public

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burden and maximize the utility of extension of existing collection of reported case incidence, assess government information, invites the information, and each reinstatement of inequalities in the burden of disease by general public and other Federal previously approved information population characteristics and to agencies the opportunity to comment on collection before submitting the monitor STD treatment and selected a proposed and/or continuing collection to the OMB for approval. To adverse health outcomes of STDs; and information collection, as required by comply with this requirement, we are (2) monitor STD screening, incidence, the Paperwork Reduction Act of 1995. publishing this notice of a proposed prevalence, epidemiologic and health This notice invites comments on the data collection as described below. care access trends in at-risk populations proposed revision of the information The OMB is particularly interested in seeking STD services in specific clinical collection titled ‘‘The Enhanced STD comments that will help: settings. surveillance Network (SSuN),’’ which is 1. Evaluate whether the proposed While routine STD surveillance the only source for enhanced and collection of information is necessary activities are ongoing in all U.S. states sentinel sexually transmitted disease for the proper performance of the and jurisdictions, through the National (STD) surveillance data in the United functions of the agency, including Notifiable Disease Surveillance System, States that: (1) Serves to strengthen whether the information will have these data are often missing critical national and local surveillance capacity; practical utility; patient demographics and are of limited (2) collects information on populations 2. Evaluate the accuracy of the scope with respect to risk behavior, at risk for STDs attending healthcare agency’s estimate of the burden of the provider and clinical information, facilities; and (3) provides more proposed collection of information, treatment and partner characteristics accurate estimates of the burden of including the validity of the needed to direct disease control disease, incidence of disease, trends and methodology and assumptions used; activities. Enhanced SSuN is the only impact of STDs at the population level. 3. Enhance the quality, utility, and infrastructure providing information clarity of the information to be about diagnosed and reported STD cases DATES: CDC must receive written collected; and with respect to patient and partner comments on or before May 14, 2018. 4. Minimize the burden of the characteristics, clinical presentation, ADDRESSES: You may submit comments, collection of information on those who screening and uptake of HIV testing, identified by Docket No. CDC–2018– are to respond, including through the treatment patterns or provider 0020 by any of the following methods: use of appropriate automated, compliance with treatment • Federal eRulemaking Portal: electronic, mechanical, or other recommendations for patients receiving Regulations.gov. Follow the instructions technological collection techniques or STD-related care. for submitting comments. other forms of information technology, The precursor to Enhanced SSuN was • Mail: Leroy A. Richardson, e.g., permitting electronic submissions the STD Surveillance Network (SSuN), Information Collection Review Office, of responses. established in 2005 as a network of Centers for Disease Control and 5. Assess information collection costs. collaborating state and local public Prevention, 1600 Clifton Road NE, MS– health agencies to provide more D74, Atlanta, Georgia 30329. Proposed Project comprehensive STD case-level and Instructions: All submissions received The Enhanced STD surveillance clinical facility information. In 2008, must include the agency name and Network (SSuN)—Revision—National SSuN was expanded to 12 awardees to Docket Number. CDC will post, without Center for HIV/AIDS, Viral Hepatitis, add important geographic diversity and change, all relevant comments to STD, and TB Prevention (NCHHSTP), to include visit-level data on a full Regulations.gov. Centers for Disease Control and census of patients being seen in Please note: Submit all comments through Prevention (CDC). categorical STD clinics. Activities of the previously funded SSuN were the Federal eRulemaking portal Background and Brief Description (regulations.gov) or by U.S. mail to the subsumed under the network’s scope in address listed above. The National Center for HIV/AIDS, establishing enhanced SSuN in 2013. Viral Hepatitis, STD and TB Prevention The current project comprises 10 US FOR FURTHER INFORMATION CONTACT: To seeks to request a three-year revision local/state health departments. These request more information on the approval of the information collection facilities include Baltimore City Health proposed project or to obtain a copy of project entitled, The Enhanced STD Department, California Department of the information collection plan and surveillance Network (SSuN). Revisions Public Health, Florida Department of instruments, contact Leroy A. to this submission include, removal of Health, Massachusetts Department of Richardson, Information Collection facility-based surveillance in family Public Health, Minnesota Department of Review Office, Centers for Disease planning clinics, the addition of seven Health, Multnomah County Health Control and Prevention, 1600 Clifton interview questions to the gonorrhea Department, New York City Department Road NE, MS–D74, Atlanta, Georgia population component and eight new of Health & Mental Hygiene, 30329; phone: 404–639–7570; Email: data elements to the facility component, Philadelphia Department of Public [email protected]. and the addition of an enhanced Health, San Francisco Department of SUPPLEMENTARY INFORMATION: Under the surveillance activity to monitor adverse Public Health, and Washington State Paperwork Reduction Act of 1995 (PRA) health outcomes of early syphilis cases Department of Health. (44 U.S.C. 3501–3520), Federal agencies with neurologic and/or ocular syphilis Since the initial OMB approval in must obtain approval from the Office of manifestations. The estimate of 2015, Enhanced SSuN has provided Management and Budget (OMB) for each annualized burden hours will increase ongoing data addressing CDC/Division collection of information they conduct from 3,052 hours to 3,479 hours as a of Sexually Transmitted Disease and or sponsor. In addition, the PRA also result of the revision. Prevention priorities (DSTDP), requires Federal agencies to provide a The purpose of this project is to: (1) including contributing to CDC’s annual 60-day notice in the Federal Register Provide supplemental information on STD surveillance report, CDC’s concerning each proposed collection of case reports of notifiable STDs that quarterly progress indicators, and information, including each new enhances the ability of public health informed policy discussions on proposed collection, each proposed authorities to interpret trends in expedited partner therapy, pre-exposure

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prophylaxis to prevent HIV infection departments among persons residing (CSF) results, and prescribed (type and (PrEP), documentation of critical within the participating jurisdictions are duration) treatment not present in the clinical services provided by categorical selected for enhanced interview. The original case or laboratory report. CDC STD clinics, and on the proportion of second population of interest are will collect clinical information from cases treated with appropriate persons diagnosed with primary, the diagnosing healthcare facilities for antimicrobial regimens, which is an secondary, and early latent syphilis. those diagnosed with early syphilis who essential indicator of compliance with Cases determined to have neurologic/ reported neurologic/ocular symptoms CDC treatment recommendations. ocular manifestations will be selected (406 early syphilis cases). These The two major data collection for enhanced interview/investigation. In evaluations can be either by direct components of the Enhanced SSuN both these activities, jurisdictions contact with providers (phone) or project are grouped into two primary follow consensus protocols to collect through other methods such as secure categories, reflecting sentinel and uniform data on demographic fax-back, mail or other means as long as enhanced population-based surveillance characteristics, behavioral risk factors, privacy of patient information can be activities. The first component includes and health care seeking behaviors. strictly maintained. sentinel surveillance in participating In 2016, there were 129,434 persons Collection of this information is STD clinics, which monitors patient diagnosed and reported with gonorrhea estimated to take approximately 10 care, screening and diagnostic practices, across the 10 participating Enhanced minutes to complete, for 69 burden treatment and STD-related services SSuN jurisdictions. Approximately hours. delivered. Participating local/state 10%, or 12,943 cases were randomly For the syphilis cases with neurologic health departments have implemented sampled for enhanced investigation. and/or ocular manifestations only, there common protocols to collect Many cases were lost to follow-up will be a three-month follow up demographic, clinical, risk behaviors on because of limited contact information. interview to document resolution of patients presenting for care in selected Hence, the response rate for gonorrhea symptoms. Data collection for this three- facilities. Data for this activity is patient interviews in the first three years month follow-up is expected to take abstracted from existing electronic of Enhanced SSuN data collection was about five minutes per person and will medical records at participating STD 39.3%, with approximately 5,086 be conducted through either telephone- clinics, leveraging information routinely respondents interviewed. administered or in-person interviews. collected in the provision of clinical In 2016, there were 25,253 early With an estimated 50% follow-up care. All records are fully de-identified syphilis cases reported across the 10 success rate, the total burden hours is by collaborating health departments and participating SSuN jurisdictions. estimated at 16 hours. transmitted to CDC through secure file Studies estimate that 2% of all early Data managers at each of the 10 local/ transport mechanisms six times syphilis cases will report neurologic state health departments will be annually (every 2 months). The and/or ocular manifestations, responsible for transmitting validated estimated time for the clinic data corresponding to 507 cases requiring datasets to CDC every month, managers to abstract data is 3 hours additional investigation. CDC expects to alternating between the facility and every 2 months. interview 80% of 507 patients or 406 population-based activities in Enhanced The second population-focused respondents. The 5,492 patient SSuN. This reflects 2,280 burden hours component is comprised of two interviews for both the gonorrhea and for data management (10 respondents × activities, including enhanced early syphilis are estimated to take 10 12 data transmissions × 19 hours). surveillance on a random sample of minutes to complete for an estimated The total estimated annual burden persons diagnosed with gonorrhea, and annualized burden hours of 934. hours are 3,479 for Enhanced SSuN. enhanced surveillance on person CDC will conduct an early syphilis Respondents from local/state health diagnosed and reported with early case follow-up evaluation with departments receive federal funds to syphilis with ocular/neurologic diagnosing or reporting providers to participate in this project. Participation manifestations. For the first activity a ascertain additional information about of patients and of facility staff are random sample of all gonorrhea cases physical exam findings, laboratory tests voluntary. There are no additional costs diagnosed and reported to health results, including cerebrospinal fluid to respondents other than their time.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Data manager at Sentinel STD clinics ...... Record Abstraction ...... 10 6 3 180 General Public—Adults (persons diagnosed Interview ...... 5,492 1 10/60 934 with gonorrhea or early syphilis. Diagnosing Provider ...... Data for early syphilis cases .. 406 1 10/60 69 General Public—Adults (persons with early Follow up Interview ...... 203 1 5/60 16 syphilis who have neurologic/ocular mani- festations. Data Managers: 10 local/state health depart- Data cleaning/validation...... 10 12 19 2,280 ment.

Total ...... 3,479

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Leroy A. Richardson, DEPARTMENT OF HEALTH AND Road, NE MS–D74, Atlanta, Georgia Chief, Information Collection Review Office, HUMAN SERVICES 30329; phone: 404–639–7570; Email: Office of Scientific Integrity, Office of the [email protected]. Associate Director for Science, Office of the Centers for Disease Control and SUPPLEMENTARY INFORMATION: Under the Director, Centers for Disease Control and Prevention Paperwork Reduction Act of 1995 (PRA) Prevention. [60Day–18–18PR; Docket No. CDC–2018– (44 U.S.C. 3501–3520), Federal agencies [FR Doc. 2018–05243 Filed 3–14–18; 8:45 am] 0021] must obtain approval from the Office of BILLING CODE 4163–18–P Management and Budget (OMB) for each Proposed Data Collection Submitted collection of information they conduct for Public Comment and or sponsor. In addition, the PRA also DEPARTMENT OF HEALTH AND Recommendations requires Federal agencies to provide a HUMAN SERVICES 60-day notice in the Federal Register AGENCY: Centers for Disease Control and concerning each proposed collection of Decision To Evaluate a Petition To Prevention (CDC), Department of Health information, including each new Designate a Class of Employees From and Human Services (HHS). proposed collection, each proposed the De Soto Avenue Facility in Los ACTION: Notice with comment period. Angeles County, California, To Be extension of existing collection of Included in the Special Exposure SUMMARY: The Centers for Disease information, and each reinstatement of Cohort Control and Prevention (CDC), as part of previously approved information its continuing effort to reduce public collection before submitting the AGENCY: National Institute for burden and maximize the utility of collection to the OMB for approval. To Occupational Safety and Health government information, invites the comply with this requirement, we are (NIOSH), Centers for Disease Control general public and other Federal publishing this notice of a proposed and Prevention, Department of Health agencies the opportunity to comment on data collection as described below. and Human Services. a proposed and/or continuing The OMB is particularly interested in information collection, as required by comments that will help: ACTION: Notice. 1. Evaluate whether the proposed the Paperwork Reduction Act of 1995. collection of information is necessary SUMMARY: NIOSH gives notice of a This notice invites comment on a for the proper performance of the decision to evaluate a petition to proposed information collection project functions of the agency, including designate a class of employees from the titled The World Trade Center Health whether the information will have De Soto Avenue Facility in Los Angeles Program (WTCHP): Impact Assessment practical utility; County, California, to be included in the and Strategic Planning for Translational 2. Evaluate the accuracy of the Special Exposure Cohort under the Research—Focus Group Protocol. This agency’s estimate of the burden of the Energy Employees Occupational Illness project includes a series of focus groups proposed collection of information, Compensation Program Act of 2000. with different stakeholder groups to including the validity of the FOR FURTHER INFORMATION CONTACT: explore their perspectives on the methodology and assumptions used; Stuart L. Hinnefeld, Director, Division decisions that each of them makes in the 3. Enhance the quality, utility, and of Compensation Analysis and Support, context of the WTCHP. clarity of the information to be National Institute for Occupational DATES: CDC must receive written collected; and Safety and Health, 1090 Tusculum comments on or before May 14, 2018. 4. Minimize the burden of the Avenue, MS C–46, Cincinnati, OH ADDRESSES: You may submit comments, collection of information on those who 45226–1938, Telephone 877–222–7570. identified by Docket No. CDC–2018– are to respond, including through the Information requests can also be 0021 by any of the following methods: use of appropriate automated, submitted by email to [email protected]. • Federal eRulemaking Portal: electronic, mechanical, or other SUPPLEMENTARY INFORMATION: Regulations.gov. Follow the instructions technological collection techniques or for submitting comments. other forms of information technology, Authority: 42 CFR 83.9–83.12. • Mail: Leroy A. Richardson, e.g., permitting electronic submissions Pursuant to 42 CFR 83.12, the initial Information Collection Review Office, of responses. proposed definition for the class being Centers for Disease Control and 5. Assess information collection costs. evaluated, subject to revision as Prevention, 1600 Clifton Road NE, MS– Proposed Project warranted by the evaluation, is as D74, Atlanta, Georgia 30329. The World Trade Center Health follows: Instructions: All submissions received Program: Impact Assessment and Facility: De Soto Avenue Facility. must include the agency name and Docket Number. CDC will post, without Strategic Planning for Translational Location: Los Angeles County, change, all relevant comments to Research (Focus Group Protocol)— California. Regulations.gov. New—National Institute for Job Titles and/or Job Duties: All Occupational Safety and Health employees of the Department of Energy, Please note: Submit all comments through (NIOSH), Centers for Disease Control the Federal eRulemaking portal its predecessor agencies, and their (regulations.gov) or by U.S. mail to the and Prevention (CDC). contractors and subcontractors who address listed above. Background and Brief Description worked at the De Soto Avenue Facility. Period of Employment: January 1, FOR FURTHER INFORMATION CONTACT: To The James Zadroga 9/11 Health and 1965 through December 31, 1995. request more information on the Compensation Act of 2010, Public Law proposed project or to obtain a copy of 111–347 (hereafter referred to as ‘‘the Frank Hearl, the information collection plan and Zadroga Act’’), established the World Chief of Staff, National Institute for instruments, contact Leroy A. Trade Center Health Program (WTCHP). Occupational Safety and Health. Richardson, Information Collection Under subtitle C, the Zadroga Act [FR Doc. 2018–05277 Filed 3–14–18; 8:45 am] Review Office, Centers for Disease requires the establishment of a research BILLING CODE 4163–19–P Control and Prevention, 1600 Clifton program on health conditions resulting

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from the 9/11 terrorist attacks. Thus, the produce tangible outputs such as groups will each consist of a well- CDC seeks a one-year OMB approval to research findings on WTC-related defined stakeholder group, and will last collect information using focus groups. conditions, healthcare protocols, peer- approximately two hours. The WTCHP employs the Research-to- reviewed publications, quality These focus groups are necessary to Care (RTC) model strategic framework assessment reports, and member and gather background information on the employed to prioritize, conduct, and provider education products. Finally, relationship between different assess research that informs excellence the model anticipates short-, stakeholders and the WTCHP that will in clinical care for the population of intermediate-, and long-term inform the development of more responders and survivors affected by the measurement of outcomes and serves as detailed interview protocols to be used 9/11 attack in New York City. The RTC a communication tool for program with stakeholders in the next phase of model assumes the collective planning and evaluation. this evaluation. Specific topics to be involvement of WTCHP stakeholders, In 2016, NIOSH contracted with the addressed in the focus groups will including members, researchers, Research and Development (RAND) include: clinicians, and program administrators. Corporation to evaluate the WTCHP • Conceptualizations of research and It accounts for a variety of inputs that RTC model including the research ‘‘translational research.’’ can affect the progress and impact of investments to date and the • Relevance of WTCHP research WTCHP research. These inputs include effectiveness with which the Program topics, potential gaps, and stakeholder people and organizations (e.g., program translates its research to different priorities. members, providers, clinical centers of stakeholder groups. This work will • excellence, extramural researchers, and ultimately provide guidance for the Uses and usefulness of WTCHP program staff), resources (e.g., WTCHP on strategic directions, as well research. • technology, data centers, the NYC 9/11 as produce generalizable knowledge Barriers to conduct and use of Health Registry) and regulatory rules, about the translation of research into WTCHP research. principally the Zadroga Act. improved outcomes for individuals and • Understanding of and perspectives The program supports activities such populations exposed to disasters such as on the relevance and usefulness of the as research prioritization, conduct of the 9/11 attacks. In the formative stage Research-to-Care model. research, delivery of medical care, and of our assessment, we propose to hold The total estimated burden hours is iterative assessments of the translation a series of focus groups with different 360. There are no costs to the of research to improvements in health stakeholder groups to explore their respondent other than their time and care services and chronic disease perspectives on translational research in local travel to the location of the focus management. These activities aim to the context of the WTCHP. The focus group.

ESTIMATED ANNUALIZED BURDEN HOURS

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

WTCH Researchers ...... Focus Group Protocol ...... 40 1 3 120 WTCH Research Users ...... Focus Group Protocol ...... 70 1 3 210 WTCH Funders (NIOSH) ...... Focus Group Protocol ...... 10 1 3 30

Total ...... 360

Leroy A. Richardson, SUMMARY: Under the National DATES: Beginning no later than June 1, Chief, Information Collection Review Office, Childhood Vaccine Injury Act (NCVIA), 2018, each health care provider who Office of Scientific Integrity, Office of the CDC must develop vaccine information administers varicella vaccine to any Associate Director for Science, Office of the materials that all health care providers child or adult in the United States shall Director, Centers for Disease Control and are required to give to patients/parents provide copies of the relevant vaccine Prevention. prior to administration of specific information materials referenced in this [FR Doc. 2018–05242 Filed 3–14–18; 8:45 am] vaccines. On March 15, 2016, CDC notice, dated February 12, 2018, in BILLING CODE 4163–18–P published a notice in the Federal conformance with the February 23, 2018 Register (81 FR 13794) seeking public CDC Instructions for the Use of Vaccine comments on proposed updated vaccine Information Statements prior to DEPARTMENT OF HEALTH AND providing such vaccinations. HUMAN SERVICES information materials for polio vaccine and varicella vaccine. Following review FOR FURTHER INFORMATION CONTACT: Centers for Disease Control and of comments submitted and Suzanne Johnson-DeLeon (msj1@ Prevention consultation as required under the law, cdc.gov), National Center for [Docket No. CDC–2016–0029] CDC has finalized the materials for Immunization and Respiratory Diseases, varicella vaccine. Copies of the final Centers for Disease Control and Final Revised Vaccine Information vaccine information materials for Prevention, Mailstop A–19, 1600 Clifton Materials for Varicella Vaccine varicella vaccine are available to Road NE, Atlanta, Georgia 30329. download from http://www.cdc.gov/ AGENCY: Centers for Disease Control and SUPPLEMENTARY INFORMATION: The Prevention (CDC), Department of Health vaccines/hcp/vis/index.html or http:// National Childhood Vaccine Injury Act and Human Services (HHS). www.regulations.gov (see Docket of 1986 (Pub. L. 99–660), as amended by Number CDC–2016–0029). section 708 of Public Law 103–183, ACTION: Notice. added section 2126 to the Public Health

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Service Act. Section 2126, codified at 42 developed in consultation with the • ADDRESSES: U.S.C. 300aa–26, requires the Secretary Advisory Commission on Childhood • FOR FURTHER INFORMATION of Health and Human Services to Vaccines, the Food and Drug CONTACT: develop and disseminate vaccine Administration, and parent and • SUPPLEMENTARY INFORMATION: information materials for distribution by healthcare provider organizations. • BACKGROUND: all health care providers in the United Following consultation and review of DATES: Electronic or written comments States to any patient (or to the parent or comments submitted, the vaccine must be received by May 14, 2018. legal representative in the case of a information materials covering varicella ADDRESSES: You may submit comments, child) receiving vaccines covered under vaccine have been finalized and are identified by CDC–2018–0024 and the National Vaccine Injury available to download from http:// docket number NIOSH–302, by any of Compensation Program (VICP). www.cdc.gov/vaccines/hcp/vis/ the following methods: Development and revision of the index.html or http:// • Federal eRulemaking Portal: vaccine information materials, also www.regulations.gov (see Docket https://www.regulations.gov Follow the known as Vaccine Information Number CDC–2016–0029). The Vaccine instructions for submitting comments. Statements (VIS), have been delegated Information Statement (VIS) is • Mail: National Institute for by the Secretary to the Centers for ‘‘Varicella (Chickenpox) Vaccine: What Occupational Safety and Health, NIOSH Disease Control and Prevention (CDC). You Need to Know,’’ publication date Docket Office, 1090 Tusculum Avenue, Section 2126 requires that the materials February 12, 2018. MS C–34, Cincinnati, Ohio 45226–1998. be developed, or revised, after notice to With publication of this notice, by Instructions: All submissions received the public, with a 60-day comment June 1, 2018, all health care providers in response to this notice must include period, and in consultation with the must discontinue use of the previous the agency name and docket number Advisory Commission on Childhood edition and provide copies of these [CDC–2018–0024; NIOSH–302]. All Vaccines, appropriate health care updated varicella vaccine information relevant comments received will be provider and parent organizations, and materials prior to immunization in posted without change to https:// the Food and Drug Administration. The conformance with CDC’s February 23, www.regulations.gov, including any law also requires that the information 2018 Instructions for the Use of Vaccine personal information provided. For contained in the materials be based on Information Statements. access to the docket to read background available data and information, be Dated: March 12, 2018. documents or comments received, go to presented in understandable terms, and Sandra Cashman, https://www.regulations.gov. All include: information received in response to this (1) A concise description of the Executive Secretary, Centers for Disease Control and Prevention. notice will also be available for public benefits of the vaccine, examination and copying at the NIOSH [FR Doc. 2018–05298 Filed 3–14–18; 8:45 am] (2) A concise description of the risks Docket Office, 1150 Tusculum Avenue, BILLING CODE 4163–18–P associated with the vaccine, Room 155, Cincinnati, OH 45226–1998. (3) A statement of the availability of FOR FURTHER INFORMATION CONTACT: the National Vaccine Injury Emily Novicki NORACoordinator@ Compensation Program, and DEPARTMENT OF HEALTH AND (4) Such other relevant information as HUMAN SERVICES cdc.gov), National Institute for may be determined by the Secretary. Occupational Safety and Health, Centers The vaccines initially covered under Centers for Disease Control and for Disease Control and Prevention, the National Vaccine Injury Prevention Mailstop E–20, 1600 Clifton Road NE, Compensation Program were diphtheria, [Docket Number CDC–2018–0024, NIOSH– Atlanta, GA 30329, phone (404) 498– tetanus, pertussis, measles, mumps, 302] 2581 (not a toll free number). rubella, and poliomyelitis vaccines. SUPPLEMENTARY INFORMATION: The Since April 15, 1992, any health care Draft—National Occupational Research National Occupational Research Agenda provider in the United States who Agenda for Respiratory Health (NORA) is a partnership program intends to administer one of these AGENCY: National Institute for created to stimulate innovative research covered vaccines is required to provide Occupational Safety and Health and improved workplace practices. The copies of the relevant vaccine (NIOSH) of the Centers for Disease national agenda is developed and information materials prior to Control and Prevention (CDC), implemented through the NORA sector administration of any of these vaccines. Department of Health and Human and cross-sector councils. Each council Since then, the following vaccines have Services (HHS). develops and maintains an agenda for its sector or cross-sector. been added to the National Vaccine ACTION: Request for comment. Injury Compensation Program, requiring Background: The National use of vaccine information materials for SUMMARY: The National Institute for Occupational Research Agenda for them as well: Hepatitis B, Haemophilus Occupational Safety and Health of the Respiratory Health is intended to influenzae type b (Hib), varicella Centers for Disease Control and identify the research, information, and (chickenpox), pneumococcal conjugate, Prevention announces the availability of actions most urgently needed to prevent rotavirus, hepatitis A, meningococcal, a draft NORA Agenda entitled National occupational injuries. The National human papillomavirus (HPV), and Occupational Research Agenda for Occupational Research Agenda for seasonal influenza vaccines. Respiratory Health for public comment. Respiratory Health provides a vehicle Instructions for use of the vaccine To view the notice and related for stakeholders to describe the most information materials are found on the materials, visit https:// relevant issues, gaps, and safety and CDC website at: http://www.cdc.gov/ www.regulations.gov and enter CDC– health needs for the sector. Each NORA vaccines/hcp/vis/index.html. 2018–0024 in the search field and click research agenda is meant to guide or ‘‘Search.’’ promote high priority research efforts on Revised Vaccine Information Materials a national level, conducted by various The varicella vaccine information Table of Contents entities, including: Government, higher materials referenced in this notice were • DATES: education, and the private sector.

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This is the first Respiratory Health Iowa, during the period from January 1, 1971, consideration, comments and Agenda, developed for the third decade through December 31, 1989, for a number of recommendations must be submitted in of NORA (2016–2026). It was developed work days aggregating at least 250 work days, any one of the following ways: occurring either solely under this 1. Electronically. You may send your considering new information about employment or in combination with work injuries and illnesses, the state of the days within the parameters established for comments electronically to http:// science, and the probability that new one or more other classes of employees www.regulations.gov. Follow the information and approaches will make a included in the Special Exposure Cohort. instructions for ‘‘Comment or difference. As the steward of the NORA This designation became effective on Submission’’ or ‘‘More Search Options’’ process, NIOSH invites comments on March 3, 2018. Therefore, beginning on to find the information collection the draft National Occupational March 3, 2018, members of this class of document(s) that are accepting Research Agenda for Respiratory employees, defined as reported in this comments. 2. By regular mail. You may mail Health. Comments expressing support notice, became members of the SEC. or with specific recommendations to written comments to the following improve the Agenda are requested. A Frank Hearl, address: CMS, Office of Strategic copy of the draft Agenda is available at Chief of Staff, National Institute for Operations and Regulatory Affairs, https://www.regulations.gov (see Docket Occupational Safety and Health. Division of Regulations Development, Number CDC–2018–0024). [FR Doc. 2018–05276 Filed 3–14–18; 8:45 am] Attention: Document Identifier/OMB ll Dated: March 12, 2018. BILLING CODE 4163–19–P Control Number , Room C4–26–05, 7500 Security Boulevard, Baltimore, Frank Hearl, Maryland 21244–1850. Chief of Staff, National Institute for DEPARTMENT OF HEALTH AND To obtain copies of a supporting Occupational Safety and Health, Centers for HUMAN SERVICES statement and any related forms for the Disease Control and Prevention. proposed collection(s) summarized in [FR Doc. 2018–05256 Filed 3–14–18; 8:45 am] Centers for Medicare & Medicaid this notice, you may make your request BILLING CODE 4163–19–P Services using one of following: [Document Identifiers: CMS–372(S) and 1. Access CMS’ website address at https://www.cms.gov/Regulations-and- DEPARTMENT OF HEALTH AND CMS–10241] Guidance/Legislation/Paperwork HUMAN SERVICES Agency Information Collection ReductionActof1995/PRA-Listing.html. Final Effect of Designation of a Class Activities: Proposed Collection; 2. Email your request, including your of Employees for Addition to the Comment Request address, phone number, OMB number, and CMS document identifier, to Special Exposure Cohort AGENCY: Centers for Medicare & Medicaid Services, Department of [email protected]. AGENCY: National Institute for 3. Call the Reports Clearance Office at Health and Human Services. Occupational Safety and Health (410) 786–1326. ACTION: Notice. (NIOSH), Centers for Disease Control FOR FURTHER INFORMATION CONTACT: and Prevention, Department of Health SUMMARY: The Centers for Medicare & William Parham at (410) 786–4669. and Human Services (HHS). Medicaid Services (CMS) is announcing SUPPLEMENTARY INFORMATION: ACTION: Notice. an opportunity for the public to comment on CMS’ intention to collect Contents SUMMARY: HHS gives notice concerning information from the public. Under the This notice sets out a summary of the the final effect of the HHS decision to Paperwork Reduction Act of 1995 (the use and burden associated with the designate a class of employees from the PRA), federal agencies are required to following information collections. More Ames Laboratory in Ames, Iowa, as an publish notice in the Federal Register detailed information can be found in addition to the Special Exposure Cohort concerning each proposed collection of each collection’s supporting statement (SEC) under the Energy Employees information (including each proposed and associated materials (see Occupational Illness Compensation extension or reinstatement of an existing ADDRESSES). Program Act of 2000. collection of information) and to allow CMS–372(S) Annual Report on Home FOR FURTHER INFORMATION CONTACT: 60 days for public comment on the and Community Based Services Stuart L. Hinnefeld, Director, Division proposed action. Interested persons are Waivers and Supporting of Compensation Analysis and Support, invited to send comments regarding our Regulations NIOSH, 1090 Tusculum Avenue, MS C– burden estimates or any other aspect of CMS–10241 Survey of Retail Prices: 46, Cincinnati, OH 45226–1938, this collection of information, including Payment and Utilization Rates, and Telephone 877–222–7570. Information the necessity and utility of the proposed Performance Rankings requests can also be submitted by email information collection for the proper to [email protected]. Under the PRA (44 U.S.C. 3501– performance of the agency’s functions, 3520), federal agencies must obtain SUPPLEMENTARY INFORMATION: the accuracy of the estimated burden, approval from the Office of Management Authority: 42 U.S.C. 7384q(b). 42 U.S.C. ways to enhance the quality, utility, and and Budget (OMB) for each collection of 7384l(14)(C). clarity of the information to be information they conduct or sponsor. On February 1, 2018, as provided for collected, and the use of automated The term ‘‘collection of information’’ is under 42 U.S.C. 7384l(14)(C), the collection techniques or other forms of defined in 44 U.S.C. 3502(3) and 5 CFR Secretary of HHS designated the information technology to minimize the 1320.3(c) and includes agency requests following class of employees as an information collection burden. or requirements that members of the addition to the SEC: DATES: Comments must be received by public submit reports, keep records, or All employees of the Department of May 14, 2018. provide information to a third party. Energy, its predecessor agencies, and their ADDRESSES: When commenting, please Section 3506(c)(2)(A) of the PRA contractors or subcontractors who worked in reference the document identifier or requires federal agencies to publish a any area of the Ames Laboratory in Ames, OMB control number. To be assured 60-day notice in the Federal Register

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concerning each proposed collection of covered outpatient drugs. This pricing considered. Electronic comments must information, including each proposed benchmark is based on drug acquisition be submitted on or before May 14, 2018. extension or reinstatement of an existing costs collected directly from pharmacies The https://www.regulations.gov collection of information, before through a nationwide survey process. electronic filing system will accept submitting the collection to OMB for This survey is conducted on a monthly comments until midnight Eastern Time approval. To comply with this basis to ensure that the NADAC at the end of May 14, 2018. Comments requirement, CMS is publishing this reference file remains current and up-to- received by mail/hand delivery/courier notice. date. Form Number: CMS–10241 (OMB (for written/paper submissions) will be Information Collection control number 0938–1041); Frequency: considered timely if they are Monthly; Affected Public: Private sector postmarked or the delivery service 1. Type of Information Collection (Business or other for-profits); Number acceptance receipt is on or before that Request: Revision of a currently of Respondents: 30,000; Total Annual date. approved collection; Title of Responses: 30,000; Total Annual Hours: Electronic Submissions Information Collection: Annual Report 15,000. (For policy questions regarding on Home and Community Based this collection contact: Lisa Shochet at Submit electronic comments in the Services Waivers and Supporting 410–786–5445.) following way: Regulations; Use: We use this report to • Federal eRulemaking Portal: compare actual data to the approved Dated: March 12, 2018. https://www.regulations.gov. Follow the waiver estimates. In conjunction with William N. Parham, III, instructions for submitting comments. the waiver compliance review reports, Director, Paperwork Reduction Staff, Office Comments submitted electronically, the information provided will be of Strategic Operations and Regulatory including attachments, to https:// compared to that in the Medicaid Affairs. www.regulations.gov will be posted to Statistical Information System (MSIS) [FR Doc. 2018–05296 Filed 3–14–18; 8:45 am] the docket unchanged. Because your (CMS–R–284; OMB control number BILLING CODE 4120–01–P comment will be made public, you are 0938–0345) report and FFP claimed on solely responsible for ensuring that your a state’s Quarterly Expenditure Report comment does not include any (CMS–64; OMB control number 0938– DEPARTMENT OF HEALTH AND confidential information that you or a 1265), to determine whether to continue HUMAN SERVICES third party may not wish to be posted, the state’s home and community-based Food and Drug Administration such as medical information, your or services waiver. States’ estimates of cost anyone else’s Social Security number, or and utilization for renewal purposes are [Docket No. FDA–2018–N–0215] confidential business information, such based upon the data compiled in the as a manufacturing process. Please note CMS–372(S) reports. Form Number: Agency Information Collection that if you include your name, contact CMS–372(S) (OMB control number: Activities; Proposed Collection; information, or other information that 0938–0272); Frequency: Yearly; Affected Comment Request; Health Care identifies you in the body of your Public: State, Local, or Tribal Professional Survey of Professional comments, that information will be Governments; Number of Respondents: Prescription Drug Promotion posted on https://www.regulations.gov. 47; Total Annual Responses: 282; Total • AGENCY: Food and Drug Administration, If you want to submit a comment Annual Hours: 12,126. (For policy HHS. with confidential information that you questions regarding this collection do not wish to be made available to the ACTION: Notice. contact Ralph Lollar at 410–786–0777). public, submit the comment as a 2. Type of Information Collection SUMMARY: The Food and Drug written/paper submission and in the Request: Extension of a currently Administration (FDA, Agency, or we) is manner detailed (see ‘‘Written/Paper approved collection; Title of announcing an opportunity for public Submissions’’ and ‘‘Instructions’’). Information Collection: Survey of Retail comment on the proposed collection of Prices; Use: This information collection Written/Paper Submissions certain information by the Agency. request provides for a survey of the Under the Paperwork Reduction Act of Submit written/paper submissions as average acquisition costs of all covered 1995 (PRA), Federal Agencies are follows: outpatient drugs purchased by retail • Mail/Hand delivery/Courier (for required to publish notice in the community pharmacies. CMS may written/paper submissions): Dockets Federal Register concerning each contract with a vendor to conduct Management Staff (HFA–305), Food and proposed collection of information, monthly surveys of retail prices for Drug Administration, 5630 Fishers including each proposed extension of an covered outpatient drugs. Such prices Lane, Rm. 1061, Rockville, MD 20852. represent a nationwide average of existing collection of information, and • For written/paper comments consumer purchase prices, net of to allow 60 days for public comment in submitted to the Dockets Management discounts and rebates. The contractor response to the notice. This notice Staff, FDA will post your comment, as shall provide notification when a drug solicits comments on ‘‘Health Care well as any attachments, except for product becomes generally available Professional Survey of Professional information submitted, marked and and that the contract include such terms Prescription Drug Promotion.’’ This identified, as confidential, if submitted and conditions as the Secretary shall study will examine how health care as detailed in ‘‘Instructions.’’ specify, including a requirement that professionals experience and perceive Instructions: All submissions received the vendor monitor the marketplace. prescription drug promotion directed to must include the Docket No. FDA– CMS has developed a National Average them. 2018–N–0215 for ‘‘Agency Information Drug Acquisition Cost (NADAC) for DATES: Submit either electronic or Collection Activities; Proposed states to consider when developing written comments on the collection of Collection; Comment Request; Health reimbursement methodology. The information by May 14, 2018. Care Professional Survey of Professional NADAC is a pricing benchmark that is ADDRESSES: You may submit comments Prescription Drug Promotion.’’ Received based on the national average costs that as follows. Please note that late, comments, those filed in a timely pharmacies pay to acquire Medicaid untimely filed comments will not be manner (see ADDRESSES), will be placed

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in the docket and, except for those information they conduct or sponsor. Constitution. To inform current and submitted as ‘‘Confidential ‘‘Collection of information’’ is defined future policies, and to seek to enhance Submissions,’’ publicly viewable at in 44 U.S.C. 3502(3) and 5 CFR audience comprehension, the Office of https://www.regulations.gov or at the 1320.3(c) and includes Agency requests Prescription Drug Promotion conducts Dockets Management Staff between 9 or requirements that members of the research focusing on (1) advertising a.m. and 4 p.m., Monday through public submit reports, keep records, or features including content and format, Friday. provide information to a third party. (2) target populations, and (3) research • Confidential Submissions—To Section 3506(c)(2)(A) of the PRA (44 quality. This proposed research focuses submit a comment with confidential U.S.C. 3506(c)(2)(A)) requires Federal on the physician target population. FDA information that you do not wish to be Agencies to provide a 60-day notice in surveyed physicians about their made publicly available, submit your the Federal Register concerning each attitudes toward DTC advertising and its comments only as a written/paper proposed collection of information, role in their relationships with their submission. You should submit two including each proposed extension of an patients in 2002 (Ref. 1) and again in copies total. One copy will include the existing collection of information, 2013 (Refs. 2 and 3). The 2013 survey information you claim to be confidential before submitting the collection to OMB included multiple types of prescribers: with a heading or cover note that states for approval. To comply with this Primary care physicians, specialists, ‘‘THIS DOCUMENT CONTAINS requirement, FDA is publishing notice nurse practitioners, and physician CONFIDENTIAL INFORMATION.’’ The of the proposed collection of assistants. Whereas the focus of both Agency will review this copy, including information set forth in this document. previous FDA surveys was on DTC the claimed confidential information, in With respect to the following advertising and promotion, the current its consideration of comments. The collection of information, FDA invites study is designed to address issues second copy, which will have the comments on these topics: (1) Whether related to professional prescription drug claimed confidential information the proposed collection of information promotion. The goal is to query a redacted/blacked out, will be available is necessary for the proper performance representative sample of health care for public viewing and posted on of FDA’s functions, including whether professionals (HCPs) about their https://www.regulations.gov. Submit the information will have practical opinions of promotional materials and both copies to the Dockets Management utility; (2) the accuracy of FDA’s procedures targeted at HCPs, clinical Staff. If you do not wish your name and estimate of the burden of the proposed trial design and knowledge, and FDA contact information to be made publicly collection of information, including the approval status. We will also take this available, you can provide this validity of the methodology and opportunity to ask HCPs briefly about information on the cover sheet and not assumptions used; (3) ways to enhance their knowledge of abuse-deterrent in the body of your comments and you the quality, utility, and clarity of the formulations for opioid products. must identify this information as information to be collected; and (4) To educate themselves about ‘‘confidential.’’ Any information marked ways to minimize the burden of the prescription drugs, HCPs sometimes as ‘‘confidential’’ will not be disclosed collection of information on rely on professionally directed except in accordance with 21 CFR 10.20 respondents, including through the use promotional information (Refs. 4–8). In and other applicable disclosure law. For of automated collection techniques, 2012, pharmaceutical companies spent more information about FDA’s posting when appropriate, and other forms of more than $24 billion on marketing to of comments to public dockets, see 80 information technology. physicians (Ref. 9). The industry FR 56469, September 18, 2015, or access exposes health care professionals to Health Care Professional Survey of the information at: https://www.gpo.gov/ promotional materials through a variety Professional Prescription Drug fdsys/pkg/FR-2015-09-18/pdf/2015- of mechanisms, including Promotion 23389.pdf. communication with pharmaceutical Docket: For access to the docket to OMB Control Number 0910—NEW representatives, journal ads, prescribing software, presentations at sponsored read background documents or the Section 1701(a)(4) of the Public electronic and written/paper comments meetings, and direct mail ads (Ref. 10). Health Service Act (42 U.S.C. Several studies indicate that data received, go to https:// 300u(a)(4)) authorizes FDA to conduct www.regulations.gov and insert the presented in promotional materials may research relating to health information. not be fully comprehended and may docket number, found in brackets in the Section 1003(d)(2)(C) of the Federal heading of this document, into the even potentially be misleading due to a Food, Drug, and Cosmetic Act (FD&C variety of causes, such as insufficient ‘‘Search’’ box and follow the prompts Act) (21 U.S.C. 393(d)(2)(C)) authorizes information, unsupported claims, or a and/or go to the Dockets Management FDA to conduct research relating to failure to disclose limitations of the Staff, 5630 Fishers Lane, Rm. 1061, drugs and other FDA regulated products information presented (Refs. 11–15). Rockville, MD 20852. in carrying out the provisions of the Although HCPs are learned FOR FURTHER INFORMATION CONTACT: Ila FD&C Act. intermediaries, like most people, they S. Mizrachi, Office of Operations, Food As part of its federal mandate, FDA may rely on heuristics in making and Drug Administration, Three White regulates whether direct-to-consumer decisions and may have cognitive biases Flint North, 10A–12M, 11601 (DTC) advertising of prescription drug in the type of information they attend to Landsdown St., North Bethesda, MD products is truthful, balanced, and at any given time. They may be 20852, 301–796–7726, PRAStaff@ accurately communicated (see 21 U.S.C. persuaded by strong statements and may fda.hhs.gov. 352(n)). Similarly, the FD&C Act not have the time to ascertain accuracy SUPPLEMENTARY INFORMATION: prohibits the dissemination of false or of such information (Ref. 16). The misleading information about proposed survey will provide further I. Background medications in consumer-directed and insights about how professionally Under the PRA (44 U.S.C. 3501– professional prescription drug targeted prescription drug promotion 3520), Federal Agencies must obtain promotion. FDA regulates within the might influence health care approval from the Office of Management framework of free speech and due professionals’ decision-making and Budget (OMB) for each collection of process principles of the United States processes and practices and how

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information may be communicated 3. How familiar are HCPs with the indicate they work in general, family, or more effectively. It is important to note FDA approval of prescription drugs and internal medicine. Specialties were that FDA does not regulate the practice how does this translate into practice? chosen based on prevalence in the of medicine. However, as previously In addition, given the critical nature United States and prescription drug mentioned, FDA does regulate of the opioid situation in the United promotional activity. Specialists will prescription drug promotion. This States at this time, we plan to ask include cardiologists, dermatologists, survey is designed to inform FDA of several questions about prescription endocrinologists, neurologists, various responses to and impacts of drug promotion of opioid products. obstetrician/gynecologists, oncologists, prescription drug promotion of HCPs who fall into one of four ophthalmologists, psychiatrists, prescription drugs. categories will be recruited online rheumatologists, and urologists. The The general research questions in the through WebMD’s Medscape subscriber data will be weighted to adjust for survey are as follows: network. We propose to complete 700 differential coverage of select 1. What methods and/or channels are primary care physician, 600 specialist, characteristics such as region and used to disseminate prescription drug 350 nurse practitioner, and 350 respondent age and gender. Pretesting promotional information to health care physician assistant surveys. HCPs will with 25 respondents will take place professionals/prescribers? be included if they see patients at least before the main study to evaluate the 2. How knowledgeable and interested 50 percent of the time. Both Doctors of procedures and measures used in the are HCPs in clinical trial data and its Medicine and Doctors of Osteopathy main study. presence in prescription drug will be included. Primary care FDA estimates the burden of this promotion? physicians will include those who collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

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

Pretest Study

HCP screener ...... 63 1 63 0.08 (5 minutes) ...... 5 Informed Consent ...... 25 1 25 0.08 (5 minutes) ...... 2 HCP Survey ...... 25 1 25 0.33 (20 minutes) ...... 8

Main Study

HCP screener ...... 5,037 1 5,037 0.08 (5 minutes) ...... 403 Informed Consent ...... 2,000 1 2,000 0.08 (5 minutes) ...... 160 HCP Survey ...... 2,000 1 2,000 0.33 (20 minutes) ...... 660

Total ...... 1,238 1 There are no capital costs and maintenance costs associated with this collection of information.

II. References Bad Ad Program and Education Interactions With Medical Trainees’ Regarding Pharmaceutical Advertising: A Knowledge About Evidence-Based The following references are on National Survey of Prescribers in Prescribing: Results From a National display in the Dockets Management Ambulatory Care Settings,’’ Journal of Survey,’’ JAMA Internal Medicine, vol. Staff (see ADDRESSES) and are available Health Communication, vol. 20(11), pp. 174(8), pp. 1283–1290. for viewing by interested persons 1330–1336. 9. Cegedim Strategic Data. (2013). ‘‘2012 U.S. between 9 a.m. and 4 p.m., Monday 4. Crigger, N.J. (2005). ‘‘Pharmaceutical Pharmaceutical Company Promotion through Friday; they are also available Promotions and Conflict of Interest in Spending.’’ Available at: http:// Nurse Practitioner’s Decision Making: www.skainfo.com/health_care_market_ electronically at https:// The Undiscovered Country,’’ Journal of reports/2012_promotional_spending.pdf. www.regulations.gov. FDA has verified the American Academy of Nurse 10. Spurling, G.K., P.R. Mansfield, B.D. the website addresses, as of the date this Practitioners, vol. 17(6), pp. 207–212. Montgomery, et al. (2010). ‘‘Information document publishes in the Federal 5. Fischer, M.A., M.E. Keough, J.L. Baril, et From Pharmaceutical Companies and the Register, but websites are subject to al. (2009). ‘‘Prescribers and Quality, Quantity, and Cost of change over time. Pharmaceutical Representatives: Why Physicians’ Prescribing: A Systematic Are We Still Meeting?’’ Journal of Review,’’ PLoS Medicine, vol. 7(10), 1. Available at: https://www.fda.gov/ General Internal Medicine, vol. 24(7), pp. e1000352. doi: 10.1371/jounal.pmed. AboutFDA/CentersOffices/Officeof 795–801. 1000352. MedicalProductsandTobacco/CDER/ 6. C. Robertson, S. Rose, and A.S. 11. Villanueva, P., S. Peiro´, J. Librero, et al. ucm090276.htm. Last accessed January Kesselheim. (2012). ‘‘Effect of Financial (2003). ‘‘Accuracy of Pharmaceutical 26, 2018. Relationships on the Behaviors of Health Advertisements in Medical Journals,’’ 2. Betts, K.R., A.C. O’Donoghue, K.J. Aikin, Care Professionals: A Review of the Lancet, vol. 361(9351), pp. 27–32. et al. (2016). ‘‘Healthcare Professional Evidence,’’ The Journal of Law, Medicine 12. Cooper, R.J. and D.L. Schriger. (2005). Social Media Membership and & Ethics, vol. 40(3), pp. 452–466. ‘‘The Availability of References and the Participation: Findings From a 7. Srivastava, V., M. Handa, and A. Vohra. Sponsorship of Original Research Cited Nationally Representative Sample,’’ (2014). ‘‘Promotional Tools: Do in Pharmaceutical Advertisements,’’ Journal of the American Association of Physicians Really Bite the Hook?’’ Canadian Medical Association Journal, Nurse Practitioners. Doi: 10.1002/2327– Drishtikon: A Management Journal, vol. vol. 172(4), pp. 487–491. 6924.12383. 5(2). 13. Jureidini, J.N., L.B. McHenry, and P.R. 3. O’Donoghue, A.C., V. Boudewyns, K.J. 8. Austad, K.E., J. Avorn, J.M. Franklin, et al. Mansfield. (2008). ‘‘Clinical Trials and Aikin, et al. (2015). ‘‘Awareness of FDA’s (2014). ‘‘Association of Marketing Drug Promotion: Selective Reporting of

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Study 329,’’ International Journal of Risk ACTION: Announcing Budget Period Nearly 26 million people received & Safety in Medicine, vol. 20(1–2), pp. Extensions with Funding for the Health accessible, affordable, quality primary 73–81. Center Program. health care services through the Health 14. Garcia-Retamero, R. and M. Galesic. Center Program award recipients in (2010). ‘‘Who Profits From Visual Aids: SUMMARY: HRSA provided additional 2016. Overcoming Challenges in People’s grant funds during extended budget Understanding of Risks,’’ Social Science periods to prevent interruptions in the Approximately one-third of Health & Medicine, vol. 70(7), pp. 1019–1025. provision of critical health care services Center Program award recipients’ 15. Cooper, R.J., D.L. Schriger, R.C. Wallace, for funded service areas until new service areas are competed each year, et al. (2003). ‘‘The Quantity and Quality awards could be made to eligible and each competition has the potential of Scientific Graphs in Pharmaceutical Service Area Competition (SAC) to result in a change in award recipient. Advertisements,’’ Journal of General applicants or HRSA could conduct an SACs are also held prior to the current Internal Medicine, vol. 18(4), pp. 294– orderly phase-out of Health Center grant’s project period end date when (1) 297. Program activities by the current award a grant is voluntarily relinquished, or (2) 16. Sah, S. and A. Fugh-Berman. (2013). recipients. a program noncompliance enforcement ‘‘Physicians Under the Influence: Social SUPPLEMENTARY INFORMATION: action taken by HRSA terminates the Psychology and Industry Marketing Recipients of the Award: Health grant. If the SAC draws no fundable Strategies,’’ The Journal of Law, Center Program award recipients for applications, HRSA may extend the Medicine & Ethics, vol. 41(3), pp. 665– service areas that were threatened with current award recipient’s budget period 672. doi: 10.1111/jlme.12076. a lapse in services due to service area re- to ensure primary health care services Dated: March 9, 2018. announcement or transitioning award remain available while a new Leslie Kux, recipients, as listed in Table 1. competition is conducted for the service area. Associate Commissioner for Policy. Amount of Non-Competitive Awards: 33 awards for $17,248,966. [FR Doc. 2018–05235 Filed 3–14–18; 8:45 am] The amount of additional grant funds Period of Supplemental Funding: is calculated by pro-rating HRSA’s BILLING CODE 4164–01–P Fiscal years 2016 and 2017. annual funding commitment to the CFDA Number: 93.224 service area. Approximately 6 months is DEPARTMENT OF HEALTH AND Authority: Section 330 of the Public required to announce and conduct a Health Service Act, as amended (42 U.S.C. HUMAN SERVICES SAC and select a new award recipient. 254b, as amended). In all cases, current fiscal year funds are Health Resources and Services Justification: Targeting the nation’s used to extend the award recipient’s Administration high need populations and geographic existing budget period award. Through areas, the Health Center Program these actions, award recipients receive Health Center Program currently funds nearly 1,400 health consistent levels of funding to support centers that operate more than 11,000 uninterrupted primary health care AGENCY: Health Resources and Services service delivery sites in every state, the services to the nation’s underserved Administration (HRSA), Department of District of Columbia, Puerto Rico, the populations and communities during Health and Human Services (HHS). Virgin Islands, and the Pacific Basin. service area award recipient transition.

TABLE 1—RECIPIENTS AND AWARD AMOUNTS

Extension Award amount Grant number Award recipient name award date ($)

H80CS06641 ...... Ko’olauloa Community Health and Wellness Center, Inc ...... 12/01/15 235,116 H80CS26606 ...... Horizon Health and Wellness, Inc ...... 12/23/15 182,771 H80CS26604 ...... Neighborhood Outreach Access to Health ...... 12/23/15 192,815 H80CS00851 ...... Duval County Health Department ...... 01/11/16 480,066 H80CS26560 ...... East Central Missouri Behavioral Health Services, Inc...... 01/15/16 281,845 H80CS00048 ...... Santa Cruz County ...... 01/15/16 672,655 H80CS00001 ...... City of Springfield, Massachusetts ...... 01/15/16 606,761 H80CS00384 ...... Monroe County Health Center ...... 01/15/16 640,737 H80CS26631 ...... La Casa de Salud, Inc ...... 01/15/16 563,753 H80CS00400 ...... Circle Family Healthcare Network, Inc ...... 01/22/16 501,296 H80CS00013 ...... Covenant House (Under 21) ...... 02/03/16 279,116 H80CS26632 ...... Whitman-Walker Clinic, Inc ...... 02/06/16 423,273 H80CS00054 ...... Metropolitan Development Council ...... 02/06/16 457,843 H80CS00055 ...... White Bird Clinic ...... 02/10/16 412,985 H80CS26587 ...... Saint Hope Foundation ...... 02/10/16 229,491 H80CS26620 ...... Korean Health, Education, Information and Research Center ...... 02/12/16 504,386 H80CS26513 ...... FirstMed Health and Wellness Center ...... 02/12/16 596,025 H80CS08770 ...... Health Center of Southeast Texas ...... 02/12/16 737,066 H80CS00872 ...... Madison County Community Health Center ...... 03/01/16 467,855 H80CS00622 ...... The Hunter Health Clinic, Inc ...... 03/08/16 450,569 H80CS10606 ...... St. Vincent de Paul Village, Inc ...... 04/06/16 334,418 H80CS06078 ...... Yakima Neighborhood Health Services ...... 04/06/16 1,025,892 H80CS17251 ...... Upper Room Aids Ministry, Inc. Health Care Center ...... 04/06/16 738,043 H80CS00722 ...... Community Clinic of Maui, Inc ...... 04/06/16 570,042 H80CS01443 ...... Lane County ...... 05/15/16 649,218 H80CS00054 ...... Metropolitan Development Council ...... 06/14/16 228,922 H80CS00299 ...... Brazos Valley Community Action Agency, Inc ...... 01/17/17 1,520,645 H80CS00814 ...... Kalihi-Palama Health Center ...... 01/17/17 1,105,506

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TABLE 1—RECIPIENTS AND AWARD AMOUNTS—Continued

Extension Award amount Grant number Award recipient name award date ($)

H80CS00802 ...... Harrington Family Health Center ...... 02/22/17 294,843 H80CS00436 ...... Family Health Centers of Baltimore ...... 02/27/17 743,058 H80CS00283 ...... Oakland Primary Health Services, Inc ...... 03/03/17 466,752 H80CS00291 ...... The University of Pittsburgh ...... 05/02/17 116,417 H80CS06445 ...... Fourth Ward d.b.a. Good Neighbor Healthcare Center ...... 05/30/17 538,786

FOR FURTHER INFORMATION CONTACT: Matt Phone: (202) 690–5566; email: CARB@ 2018 calendar year in the voting Kozar, Strategic Initiatives and Planning hhs.gov. The Advisory Council charter member category. Voting members are Division Director, Office of Policy and may be accessed online at http:// appointed to serve three or four year Program Development, Bureau of www.hhs.gov/ash/carb/. The charter terms. Primary Health Care, Health Resources includes detailed information about the The seven public voting members and Services Administration, at Advisory Council’s purpose, function, sought for this solicitation will be [email protected] or 301–443–1034. and structure. selected from individuals who are Dated: March 8, 2018. SUPPLEMENTARY INFORMATION: Under engaged in: Research on, or George Sigounas, Executive Order 13676, dated implementation of, interventions Administrator. September 18, 2014, authority was given regarding efforts to preserve the to the Secretary of HHS to establish the [FR Doc. 2018–05279 Filed 3–14–18; 8:45 am] effectiveness of antibiotics by Advisory Council, in consultation with BILLING CODE 4165–15–P optimizing their use; advancing research the Secretaries of Defense and to develop improved methods for Agriculture. Activities of the Advisory combating antibiotic resistance and Council are governed by the provisions DEPARTMENT OF HEALTH AND conducting antibiotic stewardship; of Public Law 92–463, as amended (5 HUMAN SERVICES strengthening surveillance of antibiotic- U.S.C. App.), which sets forth standards resistant bacterial infections; preventing for the formation and use of federal Solicitation of Nominations for the transmission of antibiotic-resistant advisory committees. The Advisory Appointment to the Presidential bacterial infections; advancing the Council will provide advice, Advisory Council on Combating development of rapid point-of-care and information, and recommendations to Antibiotic-Resistant Bacteria agricultural diagnostics; furthering the Secretary of HHS regarding research on new treatments for bacterial AGENCY: Office of the Assistant programs and policies intended to: infections; developing alternatives to Secretary for Health, Office of the preserve the effectiveness of antibiotics antibiotics for agricultural purposes; Secretary, Department of Health and by optimizing their use; advance maximizing the dissemination of up-to- Human Services. research to develop improved methods date information on the appropriate and ACTION: Notice. for combating antibiotic resistance and proper use of antibiotics to the general conducting antibiotic stewardship; SUMMARY: The U.S. Department of public and human and animal health strengthen surveillance of antibiotic- Health and Human Services (HHS) is care providers; and improving resistant bacterial infections; prevent soliciting nominations of individuals international coordination of efforts to the transmission of antibiotic-resistant who are interested in being considered combat antibiotic resistance. bacterial infections; advance the a voting member for appointment to the development of rapid point-of-care and The public voting members will Presidential Advisory Council on agricultural diagnostics; further research represent balanced points of view from Combating Antibiotic-Resistant Bacteria on new treatments for bacterial human biomedical, public health, and (Advisory Council). Nominations from infections; develop alternatives to agricultural fields to include qualified individuals who wish to be antibiotics for agricultural purposes; surveillance of antibiotic-resistant considered for appointment to this maximize the dissemination of up-to- infections, prevention and/or member category of the Advisory date information on the appropriate and interruption of the spread of antibiotic- Council are currently being accepted. proper use of antibiotics to the general resistant threats, or development of DATES: Nominations must be received public and human and animal rapid diagnostics and novel treatments. no later than 5:00 p.m. ET on April 30, healthcare providers; and improve The public voting members may be 2018. international coordination of efforts to physicians, veterinarians, ADDRESSES: Information on how to combat antibiotic resistance. epidemiologists, microbiologists, or submit a nomination is on the Advisory The Advisory Council is authorized to other health care professionals (e.g., Council website, http://www.hhs.gov/ consist of not more than 30 members, nurses, pharmacists, others); individuals ash/carb/. including the voting and non-voting who have expertise and experience as FOR FURTHER INFORMATION CONTACT: members and the Chair and Vice Chair. consumer or patient advocates Jomana Musmar, MS, Ph.D., Acting The current composition of the concerned with antibiotic resistance, or Designated Federal Officer, Presidential Advisory Council consists of 15 voting in the fields of agriculture and Advisory Council on Combating members, including the Chair and Vice pharmaceuticals; and they also may be Antibiotic-Resistant Bacteria, Office of Chair, five non-voting liaison from state or local health agencies or the Assistant Secretary for Health, U.S. representative members, and 10 non- public health organizations. The voting Department of Health and Human voting ex-officio members. public members will be appointed by Services, Room 715H, Hubert H. This announcement is to solicit the Secretary, in consultation with the Humphrey Building, 200 Independence nominations to fill seven positions that Secretaries of Defense and Agriculture. Avenue SW, Washington, DC 20201. are scheduled to be vacated during the All public voting members will be

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classified as special government Time: 8:30 a.m. to 5:00 p.m. DEPARTMENT OF HEALTH AND employees (SGEs). Agenda: To review and evaluate grant HUMAN SERVICES Individuals who are appointed to applications. serve as voting members may be Place: NIEHS/National Institutes of Health, National Institutes of Health allowed to receive per diem and Keystone Building, 530 Davis Drive, Suite reimbursement for any applicable 1002, Research Triangle Park, NC 27709 National Institute of Allergy and expenses for travel that is performed to (Telephone Conference). Infectious Diseases; Notice of Closed attend meetings of the Advisory Council Contact Person: Laura A. Thomas, Meetings Scientific Review Officer, Scientific Review as authorized by 5 U.S.C. 5703, for Pursuant to section 10(d) of the persons employed intermittently in the Branch, Division of Extramural Research and Training, National Institute of Environmental Federal Advisory Committee Act, as Government service. The Advisory Health Sciences, Research Triangle Park, NC amended, notice is hereby given of the Council meets, at a minimum, two times 27709, 919–541–2824, laura.thomas@ following meetings. per fiscal year depending on the nih.gov. The meetings will be closed to the availability of funds. Meetings are open Name of Committee: National Institute of public in accordance with the to the public, except as determined Environmental Health Sciences Special provisions set forth in sections otherwise by the Secretary, or other Emphasis Panel; Environmental Risk Factors 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., official to whom the authority has been for Breast Cancer. as amended. The grant applications and delegated, in accordance with Date: March 29–30, 2018. the discussions could disclose guidelines under the Government in the Time: 8:00 a.m. to 5:00 p.m. confidential trade secrets or commercial Sunshine Act, 5 U.S.C. 552b(c). Every Agenda: To review and evaluate contract property such as patentable material, effort will be made to ensure that the proposals. and personal information concerning membership of federal advisory Place: Sheraton Imperial Hotel Raleigh- individuals associated with the grant committees is fairly balanced in terms of Durham Airport RP, 4700 Emperor Blvd., applications, the disclosure of which points of view represented. Detailed Durham, NC 27703. would constitute a clearly unwarranted information on what is required in a Contact Person: RoseAnne M. McGee, invasion of personal privacy. nomination package and how to submit Scientific Review Officer, Scientific Review Name of Committee: National Institute of Branch, Division of Extramural Research and one is on the Advisory Council website, Allergy and Infectious Diseases Special http://www.hhs.gov/ash/carb/. Training, National Institute of Environmental Emphasis Panel NIAID; Investigator Initiated Health Sciences, P.O. Box 12233, MD EC–30, Dated: March 9, 2018. Program Project Applications (P01). Research Triangle Park, NC 27709, (919) 541– Date: April 2, 2018. Jomana F. Musmar, 0752, [email protected]. Time: 10:00 a.m. to 5:00 p.m. Acting Designated Federal Officer, Name of Committee: National Institute of Agenda: To review and evaluate grant Presidential Advisory Council on Combating Environmental Health Sciences Special applications. Antibiotic-Resistant Bacteria, Committee Emphasis Panel; Organotypic Culture Models Place: National Institutes of Health, 5601 Manager. Developed from Experimental Animals for Fishers Lane, Rockville, MD 20892 [FR Doc. 2018–05278 Filed 3–14–18; 8:45 am] Chemical Toxicity Screening. (Telephone Conference Call). Contact Person: Louis A. Rosenthal, Ph.D., BILLING CODE 4150–28–P Date: March 29, 2018. Scientific Review Officer, Scientific Review Time: 2:00 p.m. to 3:00 p.m. Program, Division of Extramural Activities, Agenda: To review and evaluate grant DEPARTMENT OF HEALTH AND Rm 3G42B, National Institutes of Health/ applications. NIAID, 5601 Fishers Lane, MSC 9834, HUMAN SERVICES Place: NIEHS/National Institutes of Health, Bethesda, MD 20892–9834, (240) 669–5070, Keystone, 530 Davis Drive, Research Triangle [email protected]. National Institutes of Health Park, NC 27713. Name of Committee: National Institute of Contact Person: Leroy Worth, Ph.D., National Institute of Environmental Allergy and Infectious Diseases Special Scientific Review Officer, Scientific Review Emphasis Panel; Silencing of HIV–1 Health Sciences; Notice of Closed Branch, Division of Extramural Research and Proviruses (R61/R33). Meeting Training, National Institute of Environmental Date: April 3, 2018. Health Sciences, P. O. Box 12233, MD EC– Time: 9:00 a.m. to 7:00 p.m. Pursuant to section 10(d) of the Agenda: To review and evaluate grant Federal Advisory Committee Act, as 30/Room 3171, Research Triangle Park, NC 27709 (919) 541–0670, [email protected]. applications. amended, notice is hereby given of the Place: National Institutes of Health, 5601 following meeting. (Catalogue of Federal Domestic Assistance Fishers Lane, Rockville, MD 20892 The meeting will be closed to the Program Nos. 93.115, Biometry and Risk (Telephone Conference Call). public in accordance with the Estimation—Health Risks from Contact Person: Vasundhara Varthakavi, provisions set forth in sections Environmental Exposures; 93.142, NIEHS DVM, Ph.D., Scientific Review Officer, Hazardous Waste Worker Health and Safety 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Scientific Review Program, Division of Training; 93.143, NIEHS Superfund Extramural Activities, Room 3E70, National as amended. The grant applications and Hazardous Substances—Basic Research and Institutes of Health, NIAID, 5601 Fishers the discussions could disclose Education; 93.894, Resources and Manpower Lane, MSC 9823, Bethesda, MD 20892–9823, confidential trade secrets or commercial Development in the Environmental Health (240) 669–5020, [email protected]. property such as patentable material, Sciences; 93.113, Biological Response to Name of Committee: National Institute of and personal information concerning Environmental Health Hazards; 93.114, Allergy and Infectious Diseases Special individuals associated with the grant Applied Toxicological Research and Testing, Emphasis Panel NIAID; INVESTIGATOR applications, the disclosure of which National Institutes of Health, HHS) INITIATED PROGRAM PROJECT would constitute a clearly unwarranted APPLICATION (P01). Dated: March 9, 2018. invasion of personal privacy. Date: April 11, 2018. Natasha M. Copeland, Time: 1:00 p.m. to 5:00 p.m. Name of Committee: National Institute of Program Analyst, Office of Federal Advisory Agenda: To review and evaluate grant Environmental Health Sciences Special Committee Policy. applications. Emphasis Panel; Career Development in Place: National Institutes of Health, 5601 Environmental Research. [FR Doc. 2018–05221 Filed 3–14–18; 8:45 am] Fishers Lane, Rockville, MD 20892 Time: March 27, 2018. BILLING CODE 4140–01–P (Telephone Conference Call).

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Contact Person: Dharmendar Rathore, Agenda: Scientific Presentations. (Catalogue of Federal Domestic Assistance Ph.D., Senior Scientific Review Officer, Place: Nat. Inst. of Environmental Health Program Nos. 93.115, Biometry and Risk Scientific Review Program, Division of Sciences, Building 101, Rodbell Auditorium, Estimation—Health Risks from Extramural Activities, Room 3G30, National 111 T. W. Alexander Drive, Research Environmental Exposures; 93.142, NIEHS Institues of Health/NIAID, 5601 Fishers Lane, Triangle Park, NC 27709. Hazardous Waste Worker Health and Safety Drive, MSC 9823, Bethesda, MD 20892–9823, Closed: April 16, 2018, 11:50 a.m. to 1:35 Training; 93.143, NIEHS Superfund 240–669–5058, [email protected]. p.m. Hazardous Substances—Basic Research and (Catalogue of Federal Domestic Assistance Agenda: To review and evaluate Education; 93.894, Resources and Manpower Program Nos. 93.855, Allergy, Immunology, programmatic concerns and personnel Development in the Environmental Health and Transplantation Research; 93.856, qualifications. Sciences; 93.113, Biological Response to Microbiology and Infectious Diseases Place: Nat. Inst. of Environmental Health Environmental Health Hazards; 93.114, Research, National Institutes of Health, HHS) Sciences, Building 101, Rodbell Auditorium, Applied Toxicological Research and Testing, 111 T. W. Alexander Drive, Research National Institutes of Health, HHS) Dated: March 9, 2018. Triangle Park, NC 27709. Dated: March 9, 2018. Natasha M. Copeland, Open: April 16, 2018, 1:35 p.m. to 3:25 Natasha M. Copeland, Program Analyst, Office of Federal Advisory p.m. Committee Policy. Agenda: Scientific Presentations. Program Analyst, Office of Federal Advisory Committee Policy. [FR Doc. 2018–05219 Filed 3–14–18; 8:45 am] Place: Nat. Inst. of Environmental Health Sciences, Building 101, Rodbell Auditorium, [FR Doc. 2018–05220 Filed 3–14–18; 8:45 am] BILLING CODE 4140–01–P 111 T. W. Alexander Drive, Research BILLING CODE 4140–01–P Triangle Park, NC 27709. Closed: April 16, 2018, 3:25 p.m. to 3:50 DEPARTMENT OF HEALTH AND p.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES Agenda: To review and evaluate HUMAN SERVICES programmatic concerns and personnel National Institutes of Health qualifications. National Institutes of Health Place: Nat. Inst. of Environmental Health National Institute of Environmental Sciences, Building 101, Rodbell Auditorium, Center for Scientific Review; Notice of Health Sciences; Notice of Meeting 111 T. W. Alexander Drive, Research Closed Meetings Triangle Park, NC 27709. Pursuant to section 10(d) of the Closed: April 16, 2018, 7:00 p.m. to 10:00 Pursuant to section 10(d) of the Federal Advisory Committee Act, as p.m. Federal Advisory Committee Act, as amended, notice is hereby given of a Agenda: To review and evaluate to amended, notice is hereby given of the meeting of the Board of Scientific programmatic concerns and personnel qualifications. following meetings. Counselors, NIEHS. The meetings will be closed to the The meeting will be open to the Place: Hilton Garden Inn Durham public in accordance with the public as indicated below, with Southpoint, 7007 Fayetteville Road, Durham, provisions set forth in sections attendance limited to space available. NC 27713. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Individuals who plan to attend and Open: April 17, 2018, 8:30 a.m. to 9:30 a.m. Agenda: Poster Session. as amended. The grant applications and need special assistance, such as sign Place: Nat. Inst. of Environmental Health the discussions could disclose language interpretation or other Sciences, Building 101, Rodbell Auditorium, confidential trade secrets or commercial reasonable accommodations, should 111 T. W. Alexander Drive, Research property such as patentable material, notify the Contact Person listed below Triangle Park, NC 27709. and personal information concerning in advance of the meeting. Closed: April 17, 2018, 9:30 a.m. to 10:30 The meeting will be closed to the a.m. individuals associated with the grant public as indicated below in accordance Agenda: To review and evaluate applications, the disclosure of which with the provisions set forth in section programmatic concerns and personnel would constitute a clearly unwarranted 552b(c)(6), Title 5 U.S.C., as amended qualifications. invasion of personal privacy. for the review, discussion, and Place: Nat. Inst. of Environmental Health Name of Committee: Center for Scientific Sciences, Building 101, Rodbell Auditorium, Review Special Emphasis Panel; Pediatric evaluation of individual intramural 111 T. W. Alexander Drive, Research programs and projects conducted by the Immunotherapy Discovery and Development Triangle Park, NC 27709. Network (PI–DDN) (U01). NATIONAL INSTITUTE OF Closed: April 17, 2018, 10:45 a.m. to 4:00 Date: April 9, 2018. ENVIRONMENTAL HEALTH p.m. Time: 8:00 a.m. to 6:00 p.m. SCIENCES, including consideration of Agenda: To review and evaluate Agenda: To review and evaluate grant personnel qualifications and programmatic concerns and personnel applications. performance, and the competence of qualifications. Place: Sheraton Reston Hotel, 11810 individual investigators, the disclosure Place: Nat. Inst. of Environmental Health Sunrise Valley Dr., Reston, VA 20191. of which would constitute a clearly Sciences, Building 101, Rodbell Auditorium, Contact Person: Malaya Chatterjee, Ph.D., 111 T. W. Alexander Drive, Research Scientific Review Officer, Center for unwarranted invasion of personal Triangle Park, NC 27709. Scientific Review, National Institutes of privacy. Contact Person: Darryl C. Zeldin, Scientific Health, 6701 Rockledge Drive, Room 6192, Name of Committee: Board of Scientific Director & Principal Investigator, Division of MSC 7804, Bethesda, MD 20892, (301) 806– Counselors, NIEHS. Intramural Research, National Institute of 2515, [email protected]. Date: April 15–17, 2018. Environmental Health Sciences, NIH, 111 T. Name of Committee: Center for Scientific Closed: April 15, 2018, 7:00 p.m. to 10:00 W. Alexander Drive, Mail drop A2–09, Review Special Emphasis Panel; Convergent p.m. Research Triangle Park, NC 27709, 919–541– Neuroscience: From Genomic Association to Agenda: To review and evaluate 1169, [email protected]. Causation. programmatic concerns and personnel Any interested person may file written Date: April 10, 2018. qualifications. comments with the committee by forwarding Time: 11:00 a.m. to 5:00 p.m. Place: Hilton Garden Inn Durham the statement to the Contact Person listed on Agenda: To review and evaluate grant Southpoint, 7007 Fayetteville Road, Durham, this notice. The statement should include the applications. NC 27713. name, address, telephone number and when Place: National Institutes of Health, 6701 Open: April 16, 2018, 8:30 a.m. to 11:50 applicable, the business or professional Rockledge Drive, Bethesda, MD 20892 a.m. affiliation of the interested person. (Virtual Meeting).

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Contact Person: Jana Drgonova, Ph.D., Place: National Institutes of Health, 6701 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Scientific Review Officer, Center for Rockledge Drive, Suite 7189, Bethesda, MD as amended. The grant applications and Scientific Review, National Institutes of 20892 (Telephone Conference Call). the discussions could disclose Health, 6701 Rockledge Drive, Room 5213, Contact Person: Lindsay M. Garvin, Ph.D., confidential trade secrets or commercial Bethesda, MD 20892, 301–827–2549, Scientific Review Officer, Office of Scientific [email protected]. Review, National Heart, Lung, and Blood property such as patentable material, and personal information concerning Name of Committee: Center for Scientific Institute, National Institutes of Health, 6701 Review Special Emphasis Panel; NIBIB Rockledge Drive, Suite 7189, Bethesda, MD individuals associated with the grant Trailblazer Award for New and Early Stage 20892, 301–827–7911, lindsay.garvin@ applications, the disclosure of which Investigators (R21). nih.gov. would constitute a clearly unwarranted Date: April 11, 2018. Name of Committee: National Heart, Lung, invasion of personal privacy. Time: 1:00 p.m. to 3:00 p.m. and Blood Institute Special Emphasis Panel; Name of Committee: Center for Scientific Agenda: To review and evaluate grant Gene Therapy Resource Program Contract Review Special Emphasis Panel; Disorders in applications. Review. Neurodevelopment. Place: National Institutes of Health, 6701 Date: April 9, 2018. Date: March 20, 2018. Rockledge Drive, Bethesda, MD 20892 Time: 11:00 a.m. to 3:00 p.m. Time: 12:00 p.m. to 3:00 p.m. (Telephone Conference Call). Agenda: To review and evaluate contract Agenda: To review and evaluate grant Contact Person: Chee Lim, Ph.D., Scientific proposals. applications. Review Officer, Center for Scientific Review, Place: National Institutes of Health, 6701 Place: National Institutes of Health, 6701 National Institutes of Health, 6701 Rockledge Rockledge Drive, Suite 7194, Bethesda, MD Rockledge Drive, Bethesda, MD 20892 Drive, Room 4128, Bethesda, MD 20892, 301– 20892 (Telephone Conference Call). (Telephone Conference Call). 435–1850, [email protected]. Contact Person: Charles Joyce, Ph.D., Contact Person: Pat Manos, Ph.D., (Catalogue of Federal Domestic Assistance Scientific Review Officer, Office of Scientific Scientific Review Officer, Center for Program Nos. 93.306, Comparative Medicine; Review/DERA, National Heart, Lung, and Scientific Review, National Institutes of 93.333, Clinical Research, 93.306, 93.333, Blood Institute, 6701 Rockledge Drive, Room Health, 6701 Rockledge Drive, Room 5200, 93.337, 93.393–93.396, 93.837–93.844, 7194, Bethesda, MD 20892–7924, 301–827– MSC 7846, Bethesda, MD 20892, 301–408– 93.846–93.878, 93.892, 93.893, National 7939, [email protected]. 9866, [email protected]. Institutes of Health, HHS) Name of Committee: National Heart, Lung, This notice is being published less than 15 Dated: March 9, 2018. and Blood Institute Special Emphasis Panel; days prior to the meeting due to the timing Sylvia L. Neal, Cancer Related Thrombosis. limitations imposed by the review and Date: April 13, 2018. Program Analyst, Office of Federal Advisory funding cycle. Time: 8:30 a.m. to 5:00 p.m. Committee Policy. Name of Committee: Center for Scientific Agenda: To review and evaluate grant [FR Doc. 2018–05217 Filed 3–14–18; 8:45 am] Review Special Emphasis Panel; Member applications. Conflicts: Cellular and Molecular Biology of BILLING CODE 4140–01–P Place: Bethesda Marriott Suites, 6711 Neurodegeneration. Democracy Boulevard, Bethesda, MD 20817. Date: March 23, 2018. Contact Person: Michael P Reilly, Ph.D., Time: 1:00 p.m. to 4:00 p.m. DEPARTMENT OF HEALTH AND Scientific Review Officer, Office of Scientific Agenda: To review and evaluate grant HUMAN SERVICES Review, National Heart, Lung, and Blood applications. Institute, National Institutes of Health, 6701 Place: National Institutes of Health, 6701 National Institutes of Health Rockledge Drive, Room 7200, Bethesda, MD Rockledge Drive, Bethesda, MD 20892 20892, 301–827–7975, reillymp@ (Virtual Meeting). National Heart, Lung, and Blood nhlbi.nih.gov. Contact Person: Christine A Piggee, Ph.D., Institute; Notice of Closed Meetings (Catalogue of Federal Domestic Assistance Scientific Review Officer, Center for Program Nos. 93.233, National Center for Scientific Review, National Institutes of Pursuant to section 10(d) of the Sleep Disorders Research; 93.837, Heart and Health, 6701 Rockledge Drive, Room 4186, Federal Advisory Committee Act, as Vascular Diseases Research; 93.838, Lung MSC 7850, Bethesda, MD 20892, 301–435– amended, notice is hereby given of the Diseases Research; 93.839, Blood Diseases 0657, [email protected]. following meetings of the NHLBI and Resources Research, National Institutes This notice is being published less than 15 Special Emphasis Panel. of Health, HHS) days prior to the meeting due to the timing The meetings will be closed to the Dated: March 9, 2018. limitations imposed by the review and public in accordance with the Michelle Trout, funding cycle. provisions set forth in sections Program Analyst, Office of Federal Advisory Name of Committee: Center for Scientific 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Committee Policy. Review Special Emphasis Panel; Member Conflict: Medical Imaging Investigations. as amended. The grant applications and [FR Doc. 2018–05218 Filed 3–14–18; 8:45 am] contract proposals and the discussions Date: March 29, 2018. BILLING CODE 4140–01–P could disclose confidential trade secrets Time: 10:00 a.m. to 6:00 p.m. or commercial property such as Agenda: To review and evaluate grant patentable material, and personal applications. DEPARTMENT OF HEALTH AND Place: National Institutes of Health, 6701 information concerning individuals HUMAN SERVICES Rockledge Drive, Bethesda, MD 20892 associated with the grant applications, (Virtual Meeting). the disclosure of which would National Institutes of Health Contact Person: Mehrdad Mohseni, MD, constitute a clearly unwarranted Scientific Review Officer, Center for invasion of personal privacy. Center for Scientific Review; Notice of Scientific Review, National Institutes of Closed Meetings Health, 6701 Rockledge Drive, Room 5211, Name of Committee: National Heart, Lung, MSC 7854, Bethesda, MD 20892, 301–435– and Blood Institute Special Emphasis Panel; Pursuant to section 10(d) of the 0484, [email protected]. K12: Institutional Career Development Federal Advisory Committee Act, as Program in HIV-related Heart, Lung, Blood This notice is being published less than 15 and Sleep Research. amended, notice is hereby given of the days prior to the meeting due to the timing Date: April 6, 2018. following meetings. limitations imposed by the review and Time: 11:00 a.m. to 2:00 p.m. The meetings will be closed to the funding cycle. Agenda: To review and evaluate grant public in accordance with the (Catalogue of Federal Domestic Assistance applications. provisions set forth in sections Program Nos. 93.306, Comparative Medicine;

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93.333, Clinical Research, 93.306, 93.333, Date: April 4, 2018. Health, 6701 Rockledge Drive, Room 4148, 93.337, 93.393–93.396, 93.837–93.844, Time: 8:30 a.m. to 5:00 p.m. MSC 7850, Bethesda, MD 20892, (301) 435– 93.846–93.878, 93.892, 93.893, National Agenda: To review and evaluate grant 1164, [email protected]. Institutes of Health, HHS) applications. Name of Committee: Center for Scientific Dated: March 9, 2018. Place: Ritz-Carlton Hotel at Pentagon City, Review Special Emphasis Panel; Member 1250 South Hayes Street, Arlington, VA Natasha M. Copeland, Conflict: Neuroimmunology, 22202. Neuroinflammation, and Brain Tumor. Program Analyst, Office of Federal Advisory Contact Person: Maribeth Champoux, Date: April 4, 2018. Committee Policy. Ph.D., Scientific Review Officer, Center for Time: 11:00 a.m. to 5:00 p.m. [FR Doc. 2018–05207 Filed 3–14–18; 8:45 am] Scientific Review, National Institutes of Agenda: To review and evaluate grant BILLING CODE 4140–01–P Health, 6701 Rockledge Drive, Room 3170, applications. MSC 7848, Bethesda, MD 20892, 301–594– Place: National Institutes of Health, 6701 3163, [email protected]. Rockledge Drive, Bethesda, MD 20892 DEPARTMENT OF HEALTH AND Name of Committee: Center for Scientific (Telephone Conference Call). HUMAN SERVICES Review Special Emphasis Panel; Member Contact Person: Nataliya Gordiyenko, Conflict: Topics in Virology. Ph.D., Scientific Review Officer, Center for National Institutes of Health Date: April 4, 2018. Scientific Review, National Institutes of Time: 10:00 a.m. to 7:00 p.m. Health, 6701 Rockledge Drive, Room 5202, Center for Scientific Review; Notice of Agenda: To review and evaluate grant MSC 7846, Bethesda, MD 20892, Closed Meetings applications. 301.435.1265, [email protected]. Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific Pursuant to section 10(d) of the Rockledge Drive, Bethesda, MD 20892. Review Special Emphasis Panel; PAR–16– Federal Advisory Committee Act, as Contact Person: Marci Scidmore, Ph.D., 366: Dual Benefit Research in Biomedicine amended, notice is hereby given of the Scientific Review Officer, Center for and Agriculture. following meetings. Scientific Review, National Institutes of Date: April 4, 2018. The meetings will be closed to the Health, 6701 Rockledge Drive, Room 3192, Time: 1:00 p.m. to 2:00 p.m. public in accordance with the MSC 7808, Bethesda, MD 20892, 301–435– Agenda: To review and evaluate grant 1149, [email protected]. applications. provisions set forth in sections Name of Committee: Center for Scientific Place: National Institutes of Health, 6701 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Rockledge Drive, Bethesda, MD 20892 as amended. The grant applications and Review Special Emphasis Panel; PAR: SBIR/ STTR Interactive Digital Media STEM (Virtual Meeting) the discussions could disclose Resources for Pre-College and Informal Contact Person: Elaine Sierra-Rivera, Ph.D., confidential trade secrets or commercial Science Education Audiences. Scientific Review Officer, EMNR IRG, Center property such as patentable material, Date: April 4, 2018. for Scientific Review, National Institutes of and personal information concerning Time: 10:00 a.m. to 6:00 p.m. Health, 6701 Rockledge Drive, Room 6182 individuals associated with the grant Agenda: To review and evaluate grant MSC 7892, Bethesda, MD 20892, 301 435– applications, the disclosure of which applications. 2514, [email protected]. would constitute a clearly unwarranted Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific invasion of personal privacy. Rockledge Drive, Bethesda, MD 20892. Review Special Emphasis Panel; Member Contact Person: Allen Richon, Ph.D., Conflict: Bioengineering Sciences. Name of Committee: Center for Scientific Scientific Review Officer, Center for Date: April 4, 2018. Review Special Emphasis Panel; RFA: NIH Scientific Review, National Institutes of Time: 1:00 p.m. to 3:00 p.m. Transformative Research Awards (R01) Health, 6701 Rockledge Drive, Room 6184, Agenda: To review and evaluate grant Review. MSC 7892, Bethesda, MD 20892, 301–379– applications. Date: April 3, 2018. 9351, [email protected]. Place: National Institutes of Health, 6701 Time: 8:00 a.m. to 5:30 p.m. Name of Committee: Center for Scientific Rockledge Drive, Bethesda, MD 20892 Agenda: To review and evaluate grant (Telephone Conference Call). applications. Review Special Emphasis Panel; PAR Panel: Multidisciplinary Studies of HIV/AIDS and Contact Person: Mark Caprara, Ph.D., Place: Washington Marriott Georgetown, Scientific Review Officer, Center for 1221 22nd Street NW, Washington, DC Aging. Date: April 4, 2018. Scientific Review, National Institutes of 20037. Health, 6701 Rockledge Drive, Room 5156, Contact Person: Raymond Jacobson, Ph.D., Time: 10:00 a.m. to 4:00 p.m. MSC 7844, Bethesda, MD 20892, 301–435– Scientific Review Officer, Center for Agenda: To review and evaluate grant 1042, [email protected]. Scientific Review, National Institutes of applications. Health, 6701 Rockledge Drive, Room 5858, Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific MSC 7849, Bethesda, MD 20892, 301–996– Rockledge Drive, Bethesda, MD 20892 Review Special Emphasis Panel; PAR–16– 7702, [email protected]. (Virtual Meeting). 366: Dual Benefit Research in Biomedicine Name of Committee: Center for Scientific Contact Person: Barna Dey, Ph.D., and Agriculture. Review Special Emphasis Panel; Small Scientific Review Officer, Center for Date: April 4, 2018. Business: Nephrology Review. Scientific Review, National Institutes of Time: 1:00 p.m. to 5:00 p.m. Date: April 4, 2018. Health, 6701 Rockledge Drive, Room 3184, Agenda: To review and evaluate grant Time: 8:00 a.m. to 6:00 p.m. Bethesda, MD 20892, 301–451–2796, bdey@ applications. Agenda: To review and evaluate grant mail.nih.gov. Place: National Institutes of Health, 6701 applications. Name of Committee: Center for Scientific Rockledge Drive, Bethesda, MD 20892 Place: National Institutes of Health, 6701 Review Special Emphasis Panel; Member (Virtual Meeting). Rockledge Drive, Bethesda, MD 20892 Conflicts: Neuropsychopharmacology. Contact Person: Gary Hunnicutt, Ph.D., (Virtual Meeting). Date: April 4, 2018. Scientific Review Officer, Center for Contact Person: Atul Sahai, Ph.D., Time: 11:00 a.m. to 2:00 p.m. Scientific Review, National Institutes of Scientific Review Officer, Center for Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 6164, Scientific Review, National Institutes of applications. MSC 7892, Bethesda, MD 20892, 301–435– Health, 6701 Rockledge Drive, Room 2188, Place: National Institutes of Health, 6701 0229, [email protected]. MSC 7818, Bethesda, MD 20892, 301–435– Rockledge Drive, Bethesda, MD 20892 Name of Committee: Center for Scientific 1198, [email protected]. (Telephone Conference Call). Review Special Emphasis Panel; PAR 15– Name of Committee: Center for Scientific Contact Person: Mary Custer, Ph.D., 279: Strategies to Increase Delivery of Review Special Emphasis Panel; RFA Panel: Scientific Review Officer, Center for Guideline-Based Care to Populations with Science of Behavior Change. Scientific Review, National Institutes of Health Disparities.

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Date: April 4, 2018. ADDRESSES: Assistance to Firefighters assistance, FEMA anticipates that it will Time: 12:00 p.m. to 3:00 p.m. Grants Branch, DHS/FEMA, 400 C Street award approximately 150 FP&S Grants Agenda: To review and evaluate grant SW, 3N, Washington, DC 20472–3635. from available grant funding. applications. FOR FURTHER INFORMATION CONTACT: Place: National Institutes of Health, 6701 Background of the AFG Program Catherine Patterson, Chief, Assistance to Rockledge Drive, Bethesda, MD 20892 DHS awards grants on a competitive (Telephone Conference Call). Firefighters Grants Branch, 1–866–274– Contact Person: Yvonne Owens Ferguson, 0960. basis to applicants that best address the Ph.D., Scientific Review Officer, Center for SUPPLEMENTARY INFORMATION: The FP&S Grant Program’s priorities and Scientific Review, National Institutes of purpose of the FP&S Program is to provide the most compelling Health, 6701 Rockledge Drive Room 3139, reduce fire and fire-related injuries and justification. Applications that best Bethesda, MD 20892, 301–827–3689, prevent deaths among the public and address the Program’s priorities will be [email protected]. firefighters by assisting fire prevention reviewed by a panel composed of fire (Catalogue of Federal Domestic Assistance programs and supporting firefighter service personnel. Program Nos. 93.306, Comparative Medicine; health and safety research and 93.333, Clinical Research, 93.306, 93.333, Award Criteria development. The FEMA Grant 93.337, 93.393–93.396, 93.837–93.844, All applications for grants will be Programs Directorate administers the 93.846–93.878, 93.892, 93.893, National prepared and submitted through the Institutes of Health, HHS) FP&S Grant Program as part of the AFG Program. AFG e-Grant application portal (https:// Dated: March 9, 2018. FP&S Grants are offered to support portal.fema.gov). Natasha M. Copeland, projects in two activities: The FP&S Grant Program panels will Program Analyst, Office of Federal Advisory 1. Activities designed to reach high- review the applications and score them Committee Policy. risk target groups and mitigate the using the following criteria areas: [FR Doc. 2018–05216 Filed 3–14–18; 8:45 am] incidence of death, injuries, and • Financial Need • BILLING CODE 4140–01–P property damage caused by fire and fire- Vulnerability Statement • related hazards (‘‘FP&S Activity’’). Implementation Plan • Evaluation Plan 2. Projects aimed at improving • firefighter safety, health, or wellness Cost-Benefit DEPARTMENT OF HOMELAND • Funding Priorities SECURITY through research and development that reduces firefighter fatalities and injuries The applications submitted under the Federal Emergency Management (‘‘R&D Activity’’). R&D Activity will be reviewed first by Agency The grant program’s authorizing a panel of fire service members to statute requires that DHS publish in the identify those applications most [Docket ID FEMA–2018–0017] Federal Register each year the relevant to the fire service. The guidelines that describe the application following evaluation criteria will be Assistance to Firefighters Grant process and the criteria for grant used for this review: Program; Fire Prevention and Safety awards. Approximately 1,000 • Purpose Grants applications for FP&S Grant Program • Potential Impact • AGENCY: funding are anticipated to be submitted Implementation by the Fire Service Federal Emergency • Management Agency, DHS. electronically, using the application Partners submission form and process available • Barriers ACTION: Notice of guidance. at the AFG e-Grant application portal: The applications that are determined SUMMARY: This Notice provides https://portal.fema.gov. Specific most likely to enable improvement in guidelines that describe the application information about the submission of firefighter safety, health, or wellness process for grants and the criteria the grant applications can be found in the will be deemed to be in the Federal Emergency Management Agency FY 2017 Fire Prevention and Safety ‘‘competitive range’’ and forwarded to (FEMA) will use for awarding Fire Program Notice of Funding Opportunity the second level of application review, Prevention and Safety (FP&S) grants in (NOFO), which will be available for which is the scientific panel review the Fiscal Year (FY) 2017 Assistance to download at www.fema.gov/firegrants process. This panel will be comprised of Firefighters Grant (AFG) Program. It and at www.regulations.gov under scientists and technology experts who explains the differences, if any, between Docket ID: FEMA–2018–0017. have expertise pertaining to the subject these guidelines and those Appropriations matter of the proposal. recommended by representatives of the The Scientific Technical Evaluation Congress appropriated $345,000,000 Nation’s fire service leadership during Panel for the R&D Activity will review for AFG in FY 2017 pursuant to the the annual Criteria Development the application and evaluate it using the Department of Homeland Security meeting, which was held February 28— following criteria: Appropriations Act, 2017, Public Law March 3, 2017. The application period • Project goals, objectives, and specific 115–31. From this amount, $34,500,000 for the FY 2017 FP&S Grant Program aims will be made available for FP&S Grant year will be February 12, 2018—March • Literature Review awards, pursuant to 15 U.S.C. • 16, 2018, and will be announced on the Project Methods 2229(h)(5), which states that not less • AFG website (www.fema.gov/firegrants), Project Measurements than 10 percent of available grant funds • www.grants.gov, and the U.S. Fire Project Analysis each year are awarded under the FP&S • Administration website Dissemination and Implementation Grant Program. Funds appropriated for • Cost vs. Benefit (additional (www.usfa.fema.gov). all FY 2017 AFG awards, pursuant to consideration) DATES: Grant applications for the FP&S Public Law 115–31, will be available for • Financial Need (additional Grant Program will be accepted obligation and award until September consideration) electronically at https://portal.fema.gov, 30, 2018. • Mentoring (additional consideration from February 12, 2018 at 8:00 a.m. ET From the approximately 1,000 for Early Career Investigator Projects to March 16, 2018 at 5:00 p.m. ET. applications that will be requesting only)

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Eligible Applicants or whether the grant recipient has a System for Award Management (SAM) Under the FY 2017 FP&S Grant viable plan to obtain the funding Per 2 CFR 25.200, all grant applicants Program, eligible applicants are limited necessary to fulfill the cost-sharing and recipients are required to register in to those entities described below within requirement. https://SAM.gov, which is available free each activity: In general, an eligible applicant of charge. They must maintain validated 1. Fire Prevention and Safety (FP&S) seeking an FP&S grant to carry out an information in SAM that is consistent Activity: Eligible applicants for this activity shall agree to make available with the data provided in their AFG activity include fire departments; and non-Federal funds to carry out such grant application and in the Dun & national, regional, State, local, federally activity in an amount equal to, and not Bradstreet (DUNS) database. FEMA will recognized tribal, and nonprofit less than, 5 percent of the grant not accept any application, process any organizations that are recognized for awarded. Cash match and in-kind awards, consider any payment or their experience and expertise in fire matches are both allowable in the FP&S amendment requests, or consider any prevention and safety programs and Grant Program. Cash (hard) matches amendment unless the applicant or activities. Both private and public non- include non-Federal cash spent for grant recipient has complied with the profit organizations are eligible to apply project-related costs. In-kind (soft) requirements to provide a valid DUNS for funding in this activity. For-profit matches include, but are not limited to, number and an active SAM registration organizations, Federal agencies, and the valuation of in-kind services; with current information. The banking individuals are not eligible to receive a complementary activities; and provision information, employer identification FP&S Grant Award under the FP&S of staff, facilities, services, material, or number (EIN), organization/entity name, Activity. equipment. In-kind is the value of address, and DUNS number provided in 2. Firefighter Safety Research and something received or provided that the application must match the Development (R&D) Activity: Eligible does not have a cost associated with it. information that is provided in SAM. applicants for this activity include For example, where an in-kind match Application Process national, State, local, federally (other than cash payments) is permitted, recognized tribal, and nonprofit then the value of donated services could Applicants may only submit one organizations, such as academic (e.g., be used to comply with the match application, but may submit for up to universities), public health, requirement. Also, third party in-kind three projects under each activity (FP&S occupational health, and injury contributions may count toward and R&D). Any applicant that submits prevention institutions. Both private satisfying match requirements provided more than one application may have all and public non-profit organizations are the grant recipient receiving the applications deemed ineligible. eligible to apply for funding in this contributions expends them as Under the FP&S Activity, applicants activity. allowable costs in compliance with may apply under the following The aforementioned entities are provisions listed above. categories: encouraged to apply, especially those • Community Risk Reduction Grant recipients under this program that are recognized for their experience • Fire & Arson Investigation must also agree to a maintenance of • and expertise in firefighter safety, Code Enforcement/Awareness effort requirement per 15 U.S.C. • health, and wellness research and National/State/Regional Programs and 2229(k)(3) (referred to as a development activities. Fire Studies ‘‘maintenance of expenditure’’ departments are not eligible to apply for Under the R&D Activity, applicants requirement in that statute). Per this funding in the R&D activity. may apply under the following requirement, a grant recipient shall Additionally, for-profit organizations, categories: agree to maintain during the term of the Federal agencies, and individuals are • Clinical Studies grant, the grant recipient’s aggregate not eligible to receive a grant award • Technology and Product Development expenditures relating to the activities under the R&D Activity. • Database System Development allowable under the FP&S NOFO at not • Dissemination and Implementation Funding Limitations less than 80 percent of the average Research Awards are limited to a maximum amount of such expenditures in the 2 • Preliminary Studies federal share of $1.5 million dollars, fiscal years preceding the fiscal year in • Early Career Investigator regardless of applicant type, in which the grant amounts are received. Prior to the start of the FY 2017 FP&S accordance with 15 U.S.C. 2229(d)(2). In cases of demonstrated economic Grant Program application period, FP&S Research and Development hardship and upon the request of the FEMA provided applicants with applicants applying under the Early grant recipient, the FEMA technical assistance tools (available at Career Investigator category are limited Administrator may waive or reduce the AFG website: www.fema.gov/ to a maximum federal share of $75,000 certain grant recipient’s cost share or firegrants) and other online information per project year. maintenance of expenditure to help them prepare quality grant requirements (15 U.S.C. 2229(k)(4)(A)). applications. AFG will also staff a Help Cost Sharing As required by 15 U.S.C. 2229(k)(4)(B), Desk throughout the application period Grant recipients must share in the the Administrator established to assist applicants with navigation costs of the projects funded under this guidelines for determining what through the automated application as grant program as required by 15 U.S.C. constitutes economic hardship and well as assistance with related 2229(k)(1) and in accordance with 2 published these guidelines at FEMA’s questions. Applicants can reach the CFR 200.101(b)(1), but they are not website www.fema.gov/grants. Per 15 AFG Help Desk through a toll-free required to have the cost-share at the U.S.C. 2229(k)(4)(C), FP&S nonprofit telephone number (1–866–274–0960) or time of application nor at the time of organization grant recipients that are not email ([email protected]). award. However, before a grant is fire departments or emergency medical Applicants are advised to access the awarded, FEMA may contact potential services organizations are not eligible to application electronically at https:// awardees to determine whether the receive a waiver of their cost share or portal.fema.gov. The application also is grant recipient has the funding in hand economic hardship requirements. accessible from the Grants.gov website

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(http://www.grants.gov). New applicants for the Nation’s fire service, and in the FY 2017 FP&S Grant Program are are required to register and establish a particular for firefighter safety. In designed to address the following: username and password for secure November 2015, the NFFF hosted its • First responder safety access to their application. Applicants third working group to update the • Enhancing national capabilities that applied to any previous AFG or agenda with current priorities. A copy • Risk Staffing for Adequate Fire and of the research agenda is available on • Interoperability Emergency Response (SAFER) funding the NFFF website at http:// Changes for FY 2017 opportunities are required to use their www.everyonegoeshome.com/resources/ previously established usernames and research-symposium-reports/. FY 2017 FP&S Notice of Funding passwords when applying for an FP&S All proposed projects, regardless of Opportunity Announcement grant. whether they have been identified by (1) Under the Fire Prevention and In completing an application under this working group, will be evaluated on Safety Activity, a new priority has been this funding opportunity, applicants their relevance to firefighter health and added under the Community Risk will be asked to provide relevant safety, and scientific rigor. Reduction Category to add community- information on their organization’s The electronic application process appropriate comprehensive risk characteristics and existing capabilities. will permit the applicant to enter and assessments and risk reduction Those applicants are asked to answer save the application data. The system planning. questions about their grant request that does not permit the submission of (2) Under the Fire Prevention and reflect the funding priorities, described incomplete applications. Except for the Safety Activity, clarification has been below. In addition, each applicant will narrative textboxes, the application will provided to the Code Enforcement/ complete narratives for each project or use a ‘‘point-and-click’’ selection Awareness Priority to ensure inclusion grant activity requested. process or require the entry of data (e.g., of Wildland Urban Interface (WUI) The following are the funding name and address). Applicants are codes for communities with a WUI- priorities for each category under the encouraged to read the FP&S NOFO for wildfire risk. FP&S Activity: more details. (3) Under the Research and • Community Risk Reduction—Under Criteria Development Process Development Activity, a new category the Community Risk Reduction category has been added for Early Career there are three funding priorities: Each year, DHS convenes a panel of Æ Investigator projects. Priority will be given to programs fire service professionals to develop the (4) Under the Research and that target a specific high-risk funding priorities and other Development Activity, special emphasis population to conduct both door-to-door implementation criteria for AFG. The topics have been added. smoke alarm installations and provide Criteria Development Panel is composed home safety inspections, as part of a of representatives from nine major fire Application Review Process and comprehensive home fire safety service organizations that are charged Considerations campaign. with making recommendations to FEMA The program’s authorizing statute Æ Priority will be given to programs regarding the creation of new funding requires that each year DHS publish in that include sprinkler awareness that priorities, the modification of existing the Federal Register a description of the affect the entire community, such as funding priorities, and the development grant application process and the educating the public about residential of criteria for awarding grants. The nine criteria for grant awards. This sprinklers, promoting residential major fire service organizations information is provided below. sprinklers, and demonstrating working represented on the panel: DHS will review and evaluate all models of residential sprinklers. • Congressional Fire Services Institute FP&S applications submitted using the Æ Priority will be given to programs to (CFSI) funding priorities and evaluation conduct community-appropriate • International Association of Arson criteria described in this document, comprehensive risk assessments and Investigators (IAAI) which are based on recommendations risk reduction planning. • from the AFG Criteria Development • Code Enforcement/Awareness— International Association of Fire Chiefs (IAFC) Panel. These are projects that focus on first • time or reinstatement of code adoption International Association of Fire Peer Review Process Fighters (IAFF) and code enforcement, including • Peer Review Panel Process—Fire Wildland Urban Interface (WUI) codes International Society of Fire Service Instructors (ISFSI) Prevention and Safety Activity for communities with a WUI-wildfire • risk. National Association of State Fire All FP&S activity applications will be • Marshals (NASFM) evaluated by a peer review process. A Fire & Arson Investigation—These • are projects that aim to aggressively National Fire Protection Association panel of peer reviewers is composed of (NFPA) fire service representatives investigate every fire. • • National/State/Regional Programs National Volunteer Fire Council recommended by the Criteria and Studies—These are projects that (NVFC) Development Panel. These reviewers • focus on residential fire issues and/or North American Fire Training will assess each application’s merits firefighter behavior and decision- Directors (NAFTD) with respect to the detail provided in making. The FY 2017 criteria development the Narrative Statement on the activity, Under the R&D Activity, in order to panel meeting occurred February 28– including the evaluation elements listed identify and address the most important March 3, 2017. The content of the FY in the Evaluation Criteria identified elements of firefighter safety, FEMA 2017 FP&S Notice of Funding below. The panel will independently looked to the fire service for its input Opportunity reflects the implementation score each project within the and recommendations. In June 2005, the of the Criteria Development Panel’s application, discuss the merits and/or National Fallen Firefighters’ Foundation recommendations with respect to the shortcomings of the application, and (NFFF) hosted a working group to priorities, direction, and criteria for document the findings. A consensus is facilitate the development of an agenda awards. All of the funding priorities for not required.

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Peer Review Panel Process—Research • Financial Need (10%): Applicants in which materials or deliverables will and Development Activity should provide details on the need for be distributed. Æ R&D applications will go through a financial assistance to carry out the Requests for props (i.e., tools used two-phase review process. First, all proposed project(s). Included in the in educational or awareness applications will be reviewed by a panel description might be other unsuccessful demonstrations), including specific of fire service experts to assess the need attempts to acquire financial assistance goals, measurable results, and details on for the research results and the or specific examples of the applicant’s the frequency for which the prop will be likelihood that the results would be operational budget. utilized as part of the implementation • Vulnerability Statement (25%): The implemented by the fire service in the plan. Applicants should include assessment of fire risk is essential in the United States. Applications that are information describing the efforts that development of an effective project goal, deemed likely to be implemented to will be used to reach the high risk as well as meeting FEMA’s goal to enable improvement in firefighter audience and/or the number of people reduce risk by conducting a risk safety, health, or wellness will be reached through the proposed project. assessment as a basis for action. • deemed to be in the ‘‘competitive range’’ Evaluation Plan (25%): Projects Vulnerability is a ‘‘weak link’’ and will be forwarded to the second should include an evaluation of demonstrating high risk behavior, living level of project review, which is the effectiveness and should identify conditions or any type of high risk science review panel process. This measurable goals. Applicants seeking to situation or behavior. The Vulnerability panel will be composed of scientists and carry out awareness and educational Statement should include a description technology experts who have expertise projects, for example, should identify of the steps taken to determine the pertaining to the subject matter of the how they intend to determine that there vulnerability (weak link) and identify proposal. has been an increase in knowledge the target audience. The methodology Scientific reviewers will about fire hazards, or measure a change for determination of vulnerability (i.e., independently score applications in the in the safety behaviors of the audience. how the weak link was found) should be competitive range and, if necessary, Applicants should demonstrate how discussed in-depth in the application’s discuss the merits or shortcomings of they will measure risk at the outset of rrative Statement. the project in order to reconcile any the project in comparison to how much Æ The specific vulnerability (weak the risk decreased after the project is major discrepancies identified by the link) that will be addressed with the reviewers. A consensus is not required. finished. There are various ways to proposed project can be established measure the knowledge gained Technical Evaluation Process through a formal or informal risk including the use of surveys, pre- and assessment. FEMA encourages the use The highest ranked projects from both post-tests, or documented observations. of local statistics, rather than national • Activities will be deemed in the Cost-Benefit (10%): Projects will be statistics, when discussing the fundable range. Applications that are in evaluated based on how well the vulnerability. the fundable range will undergo a applicant addresses the fire prevention Æ The applicant should summarize Technical Review by the FEMA Program needs of the department or organization the vulnerability (weakness) the project Office prior to being recommended for in an economical and efficient manner. will address in a clear, to-the-point award. The FEMA Program Office will The applicant should show how it will statement that addresses who is at risk, assess the request with respect to costs, maximize the level of funding that goes what the risks are, where the risks are, quantities, feasibility, eligibility, and directly into the delivery of the project. and how the risks can be prevented. recipient responsibility prior to Æ The costs associated with the project For the purpose of the FY 2017 must also be reasonable for the target recommending any application for FP&S NOFO, formal risk assessments award. audience that will be reached, and a consist of the use of software programs description of how the anticipated Once the review process is complete, or recognized expert analysis that assess each project’s score will be determined benefit(s) of their projects outweighs the risk trends. cost(s) of the requested item(s) should and a final ranking of project Æ Informal risk assessments could be included. The application should applications will be created. FEMA will include an in-house review of available provide justification for all costs award grants based on this final ranking. data (e.g., tional Fire Incident Reporting included in the project in order to assist Award announcements will be made on System) to determine fire loss, burn the FEMA Program Office with the a rolling basis until all available grant injuries or loss of life over a period of Technical Evaluation Panel review. funds have been committed. Awards time, and the factors that are the cause • Funding Priorities (5%): Applicants will not be made in any specified order. and origin for each occurrence. DHS will notify unsuccessful applicants • Implementation Plan (25%): will be evaluated on whether the as soon as it is feasible. Projects should provide details on the proposed project meets the stated implementation plan, discussing the funding priority (listed below) for the Evaluation Criteria for Projects—Fire applicable category. Prevention and Safety Activity proposed project’s goals and objectives. Æ The following information should be Community Risk Reduction Priority: Funding decisions will be informed included to support the implementation Comprehensive home fire safety by an assessment of how well the plan: campaign with door-to-door smoke application addresses the criteria and Æ Goals and objectives. alarm installations and/or sprinkler considerations listed below. Æ Details regarding the methods and awareness and/or community risk Applications will be reviewed by the specific steps that will be used to assessments. peer reviewers using weighted achieve the goals and objectives. Æ Fire/Arson Investigation Priority: evaluation criteria to score the project. Æ Timelines outlining the Projects that aim to aggressively These scores will impact the ranking of chronological project steps. investigate every fire. a project for funding. Æ Where applicable, examples of Æ Code Enforcement/Awareness The relative weight of the evaluation marketing efforts to promote the project, Priority: Projects that focus on first time criteria in the determination of the grant who will deliver the project (e.g., or reinstatement of code adoption and award is listed below. effective partnerships), and the manner code enforcement, including Wildland

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Urban Interface (WUI) codes for successfully complete the study on human participants are involved in the communities with a WUI-wildfire risk. schedule, including contingencies and project, the applicant should describe Æ National/State/Regional Programs strategies to deal with barriers if they plans for submission to the Institutional and Studies Priority: Projects that focus materialize. This may include barriers Review Board (for further guidance and on residential fire issues, and/or that could inhibit the proposed fire requirements, see page 23 of the FY firefighter safety projects or strategies service participation in the study or the 2017 FP&S NOFO. that are designed to measurably change adoption of successful results by the fire • Project Measurements (20%): firefighter behavior and decision- service when the project is completed. Applicants should provide evidence of making. • Partners (20%): Applicants should the technical rigor and merit of the D Meeting the needs of people with recognize that participation of the fire project, such as data pertaining to disabilities (additional consideration): service as a partner in the research, from validity, reliability, and sensitivity Applicants in the Community Risk development to dissemination, is (where established) of the facilities, Reduction category will receive regarded as an essential part of all equipment, instruments, standards, and additional consideration if, as part of projects. Applicants should describe the procedures that will be used to carry out their comprehensive smoke alarm fire service partners and contractors that the research. The applicant should installation and education program, will support the project to accomplish discuss the data to be collected to they address the needs of people with the objectives of the study. The specific evaluate the performance methods, disabilities (e.g., deaf/hard-of-hearing) roles and contributions of the partners technologies, and products proposed to in their community. should be described. Partnerships may enhance firefighter safety, health, or D Experience and Expertise be formed with local and regional fire wellness. The applicant should (additional consideration): Applicants departments, and also with national demonstrate that the measurement that demonstrate their experience and fire-related organizations. Letters of methods and equipment selected for use ability to conduct fire prevention and support and letters of commitment to are appropriate and sufficient to safety activities, and to execute the actively participate in the project should successfully deliver the proposed proposed or similar project(s), will be included in the appendix of the project objectives. receive additional consideration. application. Generally, participants of a • Project Analysis (20%): The diverse population, including both applicant should indicate the planned Evaluation Criteria—Firefighter Safety career and volunteer firefighters, are approach for analysis of the data Research and Development Activity expected to facilitate acceptance of obtained from measurements, Funding decisions will be informed results nationally. In cases where this is questionnaires, or computations. The by an assessment of how well the not practical, due to the nature of the applicant should specify within the application addresses the criteria and study or other limitations, these plan what will be analyzed, the considerations listed below. All circumstances should clearly be statistical methods that will be used, the applications will be reviewed by a fire explained. sequence of steps, and interactions as service expert panel using weighted Science Panel Evaluation Criteria: appropriate. It should be clear that the evaluation criteria, and those projects • Project goals, objectives, and Principal Investigator and research team deemed to be in the ‘‘competitive range’’ specific aims (15%): Applicants should have the expertise to perform the will then be reviewed by a scientific address how the purpose, goals, planned analysis and defend the results peer review panel evaluation using objectives, and aims of the proposal will in a peer review process. weighted evaluation criteria to score the lead to results that will improve • Dissemination and Implementation project. Scientific evaluations will firefighter safety, health, or wellness. (15%): Applicants should indicate impact the ranking of the project for For multi-year projects, greater detail dissemination plans for scientific funding. should be given for the first year. audiences (such as plans for Fire Service Evaluation Criteria: • Literature Review (10%): submissions to specific peer review • Purpose (25%): Applicants should Applicants should provide a literature publications) and for firefighter clearly identify the benefits of the review that is relevant to the project’s audiences (such as websites, magazines, proposed research project to improve goals, objectives, and specific aims. The and conferences). Also, assuming firefighter safety, health, or wellness, citations should be placed in the text of positive results, the applicant should and identify specific gaps in knowledge the narrative statement, with references indicate future steps that would support that will be addressed. listed at the end of the Narrative dissemination and implementation • Implementation by Fire Service Statement (and not in the Appendix) of throughout the fire service, where (25%): Applicants should discuss how the application. The review should be in applicable. These steps are likely to be the outcomes/products of this research, sufficient depth to make it clear that the beyond the current study, so those if successful, are likely to be widely/ proposed project is necessary, adds to features of the research activity that will nationally adopted and accepted by the an existing body of knowledge, is facilitate future dissemination and fire service as changes that enhance different from current and previous implementation should be discussed. firefighter safety, health, or wellness. studies, and offers a unique All applicants should specify how the • Potential Impact (15%): Applicants contribution. results of the project, if successful, should discuss the potential impact of • Project Methods (20%): Applicants might be disseminated and the research outcome/product on should provide a description of how the implemented in the fire service to firefighter safety by quantifying the project will be carried out, including improve firefighter safety, health, or possible reduction in the number of demonstration of the overall scientific wellness. It is expected that successful fatal or non-fatal injuries, or on the and technical rigor and merit of the R&D Activity Projects may give rise to projected wellness by significantly project. This includes the operations to future programs including FP&S improving the overall health of accomplish the purpose, goals and Activity Projects. firefighters. objectives, and the specific aims of the • Cost vs. Benefit (additional • Barriers (15%): The applicant needs project. Plans to recruit and retain consideration): Cost vs. benefit in this to identify and discuss potential fire human participants for research, where evaluation element refers to the costs of service and other barriers to applicable, should be described. Where the grant for the research and

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development project as it relates to the applicant’s performance on prior grants SUPPLEMENTARY INFORMATION: benefits that are projected for when making funding decisions on What action is the Department of firefighters who would have improved current applications. Homeland Security (DHS) taking under safety, health, or wellness. Applicants Once every application in the this notice? should demonstrate a high benefit for competitive range has been through the the cost incurred, and effective technical evaluation phase, the The Secretary of Homeland Security utilization of Federal funds for research applications will be ranked according to is exercising her authority under 8 CFR activities. the average score awarded by the panel. 214.2(f)(9) to extend the suspension of • Financial Need (additional The ranking will be summarized in a the applicability of certain requirements consideration): In the Applicant Technical Report prepared by the AFG governing on-campus and off-campus Information section of the application, Program Office. A Grants Management employment for F–1 nonimmigrant applicants should provide details on the Specialist will contact the applicant to students whose country of citizenship is need for Federal financial assistance to discuss and/or negotiate the content of Syria, who are lawfully present in the carry out the proposed project(s). the application and SAM.gov United States in F–1 nonimmigrant Applicants may include a description of registration before making final award student status, obtained F–1 unsuccessful attempts to acquire decisions. nonimmigrant status by September 9, financial assistance. Applicants should Authority: 15 U.S.C. 2229. 2016, and who are experiencing severe provide detail about the organization’s Dated: March 9, 2018. economic hardship as a direct result of operating budget, including a high-level Brock Long, the civil unrest in Syria since March breakdown of the budget; describe the 2011. See 77 FR 20038 (April 3, 2012); department’s inability to address Administrator, Federal Emergency Management Agency. 81 FR 62520 (September 9, 2016). The financial needs without Federal original notice was effective from April [FR Doc. 2018–05214 Filed 3–14–18; 8:45 am] assistance; and discuss other actions the 3, 2012 until October 3, 2013. A BILLING CODE 9111–64–P department has taken to meet their subsequent notice provided for an 18- staffing needs (e.g., State assistance month extension from October 3, 2013, programs, other grant programs, etc.). through March 31, 2015. See 78 FR • Mentoring (additional DEPARTMENT OF HOMELAND SECURITY 36211 (June 17, 2013). A third notice consideration for Early Career provided another 18-month extension Investigator Projects only): An important [DHS Docket No. ICEB–2013–0001] from March 31, 2015, through part of Early Career Investigator projects RIN 1653–ZA13 September 30, 2016. See 80 FR 232 is the integration of mentoring for the (January 5, 2015). A fourth notice principal investigator by experienced Extension of Employment provided another 18-month extension researchers in areas appropriate to the Authorization for Syrian F–1 from September 30, 2016, through research project, including exposure to Nonimmigrant Students Experiencing March 31, 2018, and expanded the the fire service community as well as Severe Economic Hardship as a Direct applicability of such suspension to support for ongoing development of Result of Civil Unrest in Syria Since Syian F–1 students who lawfully knowledge and skills. Mentoring is March 2011 obtained F–1 nonimmigrant student regarded as critical to the research skills status between April 3, 2012 and development of early career principal AGENCY: U.S. Immigration and Customs September 9, 2016. See 81 FR 62520 investigators. As part of the application Enforcement (ICE), DHS. (September 9, 2016). Effective with this Appendix, the applicant should identify ACTION: Notice. publication, suspension of the the mentor(s) who have agreed to employment limitations is extended for support the applicant and the expected SUMMARY: This notice informs the public 18 months from March 31, 2018 until benefit of their interactions with the of the extension of an earlier notice, September 30, 2019. researcher. A biographical sketch and which suspended certain requirements letter of support from the mentor(s) are for F–1 nonimmigrant students whose F–1 nonimmigrant students granted encouraged and should be included in country of citizenship is Syria and who employment authorization through the the Appendix materials. are experiencing severe economic notice will continue to be deemed to be hardship as a direct result of the civil engaged in a ‘‘full course of study’’ for Other Selection Information unrest in Syria since March 2011. This the duration of their employment Awards will be made using the results notice extends the effective date of that authorization, provided they satisfy the of peer-reviewed applications as the notice. The extension of the suspension minimum course load requirement primary basis for decisions, regardless applies to such students whose country described in 77 FR 20038. See 8 CFR of activity. However, there are some of citizenship is Syria and who lawfully 214.2(f)(6)(i)(F). obtained F–1 nonimmigrant student exceptions to strictly using the peer Who is covered under this action? review results. The applicant’s prior status by September 9, 2016. AFG, SAFER, and FP&S grant DATES: This notice is effective March 15, This notice applies exclusively to management performance will also be 2018 and will remain in effect until F–1 nonimmigrant students whose taken into consideration when making September 30, 2019. country of citizenship is Syria and who recommendations for award. All final FOR FURTHER INFORMATION CONTACT: were lawfully present in the United funding determinations will be made by Rachel Canty, Director, Student and States in F–1 nonimmigrant status the FEMA Administrator, or the Exchange Visitor Program, MS 5600, under section 101(a)(15)(F)(i) of the Administrator’s designee. U.S. Immigration and Customs Immigration and Nationality Act (INA), Fire departments and other eligible Enforcement, 500 12th Street SW, 8 U.S.C. 1101(a)(15)(F)(i), on September applicants that have received funding Washington, DC 20536–5600; email: 9, 2016, and are— under the FP&S Grant Program in [email protected], telephone: (703) 603– (1) Enrolled in an institution that is previous years are eligible to apply for 3400. This is not a toll-free number. Student and Exchange Visitor Program funding in the current year. However, Program information can be found at (SEVP)-certified for enrollment of F–1 DHS may take into account an http://www.ice.gov/sevis/. students,

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(2) Currently maintaining F–1 status, between April 3, 2012, and September economic hardship as a result of the and 9, 2016. civil unrest since March 2011. (3) Experiencing severe economic The conflict in Syria continues to hardship as a direct result of the affect the physical and economic How do I apply for employment ongoing civil unrest in Syria since security of its citizens. There are more authorization under the circumstances March 2011. than 11.7 million displaced Syrians in of this notice? ICE records show that as of January the region, both inside Syria and in F–1 nonimmigrant students whose 23, 2018, there are approximately 620 neighboring countries, plus nearly 1 country of citizenship is Syria who Syrian F–1 visa holders in active status million Syrians have applied for asylum lawfully obtained F–1 nonimmigrant who would be covered by this notice. in Europe. The United Nations High student status by September 9, 2016, This notice applies to elementary Commissioner for Refugees has reported and are experiencing severe economic school, middle school, high school, over 2.8 million civilians displaced in hardship because of the civil unrest may undergraduate, and graduate students. 2017 alone, many for the second or third apply for employment authorization This notice, however, applies differently time. Since the beginning of the conflict, under the guidelines described in 77 FR to elementary school, middle school, as many as 500,000 Syrians are dead or 20038. This notice extends the time and high school students (see the missing. period during which such F–1 students discussion published at 77 FR 20040, As a result of the civil war and may seek employment due to the civil available at http://www.gpo.gov/fdsys/ conflict, food and water insecurity unrest. It does not impose any new or pkg/FR-2012-04-03/pdf/2012-7960.pdf, continues to have a major negative additional policies or procedures in the question, ‘‘Does this notice apply impact on the population of Syria. As of beyond those listed in the original to elementary school, middle school, September 2017, the United Nations notice. All interested F–1 students and high school students in F–1 World Food Program assessed that food should follow the instructions listed in status?’’). production in Syria was at an all-time the original notice. F–1 students covered by this notice low and that the situation was showing Elaine C. Duke, who transfer to other academic no sign of improving. Due to an 800 institutions that are SEVP-certified for percent increase in the consumer food Deputy Secretary. enrollment of F–1 students remain price index between 2010 and 2016, 90 [FR Doc. 2018–05206 Filed 3–14–18; 8:45 am] eligible for the relief provided by means percent of Syrian households now BILLING CODE 9111–28–P of this notice. spend over half of their income on food, Why is DHS taking this action? compared with 25 percent before the crisis. As of March 2017, 51 percent of DEPARTMENT OF HOUSING AND DHS took action to provide temporary Syrians lacked regular access to the URBAN DEVELOPMENT relief to F–1 nonimmigrant students public water system, relying instead on [Docket No. FR–7002–N–04] whose country of citizenship is Syria unregulated systems not tested for water and who experienced severe economic purity. Schools and hospitals are 60 Day Notice of Proposed Information hardship because of the civil unrest in significantly impacted by the lack of Collection: Community Development Syria since March 2011. See 77 FR basic levels of sanitation, as well as the Block Grant (CDBG) Urban County 20038 (April 3, 2012). It enabled these destruction of many facilities. Qualification/New York Towns F–1 students to obtain employment Furthermore, the conflict continues to Qualification/Requalification authorization, work an increased negatively affect the Syrian economy. In Processes number of hours while school was in 2017, the World Bank Group issued a session, and reduce their course load, report detailing the economic and social AGENCY: Office of Community Planning while continuing to maintain their F–1 consequences of the conflict in Syria, and Development, HUD. student status. In June 2013, January estimating $226 billion in lost GDP ACTION: Notice. 2015, and again in September 2016, since the conflict erupted, a figure equal SUMMARY: The proposed information DHS acknowledged that the the civil to about four times the Syrian GDP in collection requirement described below unrest in Syria continued to affect 2010. World Bank Grp., The Toll of War: will be submitted to the Office of Syria’s citizens, with many people still The Economic and Social Consequences Management and Budget (OMB) for displaced as a result. DHS extended the of the Conflict in Syria 83 (2017), application of the original April 3, 2012, review, as required by the Paperwork https://openknowledge.worldbank.org/ Reduction Act. The Department is notice through March 31, 2018, to bitstream/handle/10986/27541/ continue to provide temporary relief to soliciting public comments on the The%20Toll%20of%20War.pdf. subject proposal. Syrian F–1 students who experienced Given the conditions in Syria, affected severe economic hardship as a result of students whose primary means of DATES: Comments due date: May 14, the conflict. Despite DHS’s financial support come from Syria may 2018. determination that the civil conflict in need to be exempt from the normal ADDRESSES: Interested persons are Syria continued well beyond the student employment requirements to be invited to submit comments regarding October 3, 2013, expiration date of the able to continue their studies in the this proposal. Comments should refer to original notice, temporary relief was not United States and meet basic living the proposal by name and/or OMB made available to Syrian F–1 students expenses. Control Number and should be sent to: who became lawfully present in the The United States is committed to Colette Pollard, Departmental United States in F–1 nonimmigrant continuing to assist the people of Syria. Paperwork Reduction Act Officer, status after April 3, 2012. On September DHS is therefore extending this QDAM, Department of Housing and 9, 2016, however, DHS published a employment authorization for F–1 Urban Development, 451 7th Street, SW, notice extending the application of the nonimmigrant students whose country Room 4160, Washington, DC 20410; temporary relief in the original April 3, of citizenship is Syria, who lawfully telephone: 202–708–3400 (this is not a 2012 notice to those Syrian F–1 obtained F–1 nonimmigrant student toll-free number) or email Ms. Pollard nonimmigrant students who lawfully status by September 9, 2016, and who for a copy of the proposed form and obtained F–1 nonimmigrant status are continuing to experience severe other available information.

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FOR FURTHER INFORMATION CONTACT: provisions, counties seeking CDBG program and complete the Gloria Coates, Senior Community qualification or requalification as urban metropolitan city qualification process. Planning and Development Specialist, counties under the CDBG program must Respondents: (i.e. affected public): Entitlement Communities Division, provide information to HUD every three Urban counties that are eligible as Office of Block Grant Assistance, 451 years identifying the units of general entitlement grantees of the CDBG 7th Street, SW, Room 7282, Washington, local governments (UGLGs) within the program. DC 20410; telephone (202) 708–1577 county participating as a part of the Estimation Number of Respondents: (this is not a toll-free number). county for purposes of receiving CDBG There are currently 186 qualified urban SUPPLEMENTARY INFORMATION: This funds. The population of UGLGs for counties participating in the CDBG notice informs the public that HUD is each eligible urban county is used in program that must requalify every three seeking approval form OMB for the HUD’s allocation of CDBG funds for all years. information collection described in entitlement and State CDBG grantees. Frequency of Response: On average, Section A. New York towns undertook a similar one new county qualifies each year. The process every three years. However, burden on new counties is greater than A. Overview of Information Collection after consultation with program counsel, for existing counties that requalify. The Title of Information Collection: it was determined that a requalification Department estimates new grantees use, Community Development Block Grant process for New York towns is on average, 105 hours to review (CDBG) Urban County Qualification/ unnecessary because the units of general instructions, contact communities in the New York Towns Qualification/ local government in New York towns do county, prepare and review agreements, Requalification Processes. not have the same statutory notice rights obtain legal opinions, have agreements OMB Approval Number: 2506–0170. (under Section 102(e) of the Housing executed at the local and county level, Type of Request: Extension. and Community Development Act of and prepare and transmit copies of Form numbers: N/A. 1974) as units of general local required documents to HUD. The Description of the need for the government participating in an urban Department estimates that counties that information and proposed use: The county. However, those New York are requalifying use, on average, 65 Housing and Community Development Towns may qualify as metropolitan hours to complete these actions. The Act of 1974, as amended, at sections cities if they are able to secure the time savings on requalification is 102(a)(6) and 102(e) requires that any participation of all of the villages primarily a result of a grantee’s ability county seeking qualification as an urban located within their boundaries. Any to use agreements with no specified end county notify each unit of general local New York Town that is located in an date. Use of such ‘‘renewable’’ government within the county that such urban county may choose to leave that agreements enables the grantee to unit may enter into a cooperation urban county when that county is merely notify affected participating agreement to participate in the CDBG requalifying to become a metropolitan UGLGs in writing that their agreement program as part of the county. Section city. That New York Town will be will automatically be renewed unless 102(d) of the statute specifies that the required to notify the urban county in the UGLG terminates the agreement in period of qualification will be three advance of its decision to defer writing, rather than executing a new years. Based on these statutory participation in the urban county’s agreement every three years.

Hours Hours

Average of 1 new urban county qualifies per year ...... 1 × 110 = 110 186 grantees requalify on triennial basis; average annual number of respondents = 62 ...... 62 × 65 = 4,030

Total combined burden hours ...... 4,135

This total number of combined increase annually by 220 hours, given becoming eligible entitlement grantees burden hours can be expected to the average of two new urban counties each year.

Number of House per Number of responses response Total hours respondents per year annual

Average no. of new urban counties that qualify per year ...... 1 110 110 No. of grantees that requalify on a triennial basis ...... 186 62 65 4,030

Total combined hours ...... 4,135

B. Solicitation of Public Comment the agency, including whether the who are to respond; including through information will have practical utility; the use of appropriate automated This notice is soliciting comments (2) The accuracy of the agency’s collection techniques or other forms of from members of the public and affected estimate of the burden of the proposed information technology, e.g., permitting parties concerning the collection of collection of information; electronic submission of responses. information described in Section A on (3) Ways to enhance the quality, HUD encourages interested parties to the following: utility, and clarity of the information to submit comment in response to these (1) Whether the proposed collection be collected; and questions. of information is necessary for the (4) Ways to minimize the burden of Authority: Section 3507 of the Paperwork proper performance of the functions of the collection of information on those Reduction Act of 1995, 44 U.S.C. Chapter 35.

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Dated: February 28, 2018. 20410–5000; telephone 202–402–3400 Gonzalez National Affordable Housing Lori Michalski, (this is not a toll-free number) or email Act of 1990 that requires participating Acting General Deputy Assistant Secretary at [email protected] for a copy of jurisdictions to submit a Comprehensive for Community Planning and Development. the proposed forms or other available Housing Affordability Strategy (Section [FR Doc. 2018–05301 Filed 3–14–18; 8:45 am] information. Persons with hearing or 105(b)); the 1974 Housing and BILLING CODE 4210–67–P speech impairments may access this Community Development Act, as number through TTY by calling the toll- amended, that requires states and free Federal Relay Service at (800) 877– localities to submit a Community DEPARTMENT OF HOUSING AND 8339. Development Plan (Section 104(b)(4) URBAN DEVELOPMENT FOR FURTHER INFORMATION CONTACT: and Section 104(m)); and statutory provisions of these Acts that requires [Docket No. FR–7002–N–05] Elizabeth Hendrix, Office of Block Grant Assistance, Department of Housing and states and localities to submit 60-Day Notice of Proposed Information Urban Development, 451 7th Street SW, applications and reports for these Collection: Consolidated Plan, Annual Washington, DC 20410; email Elizabeth formula grant programs. The Action Plan & Annual Performance Hendrix at Elizabeth.S.Hendrix@ information is needed to provide HUD Report hud.gov or telephone 202–402–7179. with preliminary assessment as to the Persons with hearing or speech statutory and regulatory eligibility of AGENCY: Office of Community Planning impairments may access this number proposed grantee projects for informing and Development, HUD. through TTY by calling the toll-free citizens of intended uses of program ACTION: Notice. Federal Relay Service at (800) 877–8339. funds. This is not a toll-free number. Copies of Members of the Affected Public: States SUMMARY: HUD is seeking approval from available documents submitted to OMB and local governments participating in the Office of Management and Budget may be obtained from Ms. Pollard. the Community Development Block (OMB) for the information collection SUPPLEMENTARY INFORMATION: This Grant Program (CDBG), the Home described below. In accordance with the Investment Partnership Program Paperwork Reduction Act, HUD is notice informs the public that HUD is seeking approval from OMB for the (HOME), the Emergency Solutions requesting comment from all interested Grants Program (ESG), the Housing parties on the proposed collection of information collection described in Section A. Opportunities for Persons with AIDS/ information. The purpose of this notice HIV Program (HOPWA) or the Housing is to allow 60 days of public comment. A. Overview of Information Collection Trust Fund (HTF). DATES: Comments due date: May 14, Title of Information Collection: Estimated Number of Respondents: 2018. Consolidated Plan & Annual 1,216 localities and 50 states. ADDRESSES: Interested persons are Performance Report. Estimated Number of Responses: 1. invited to submit comments regarding OMB Approval Number: 2506–0117. Consolidated Plan & Performance this proposal. Comments should refer to Type of Request: Extension. Reports: 2,432 localities, 100 states.* the proposal by name and/or OMB Form Number: N/A. Average Hours per Response: 293 Control Number and should be sent to: Description of the need for the (localities), 741 (states). Colette Pollard, Reports Management information and proposed use: The Total Estimated Burdens: 393,338. Officer, QDAM, Department of Housing Departments collection of this * Includes combined Consolidated and Urban Development, 451 7th Street information is in compliance with Plan and Annual Action Plan and SW, Room 4176, Washington, DC statutory provisions of the Cranston separate performance report.

Number of Frequency of Burden hours Total U.S. Hourly cost Total annual Information collection respondents response per response burden hours per response cost

Consolidated Plan & Performance Re- ports: Localities ...... 1216 * 1 293 356,288 $34** $12,113,792 States ...... 50 * 1 741 37,050 34** 1,259,700 * Total number of respondents of 1,266 = sum of localities (1,216) and states (50). Total localities of 1,216 includes 1,209 entitlements + 3 non-entitlements (Hawaii, Kauai, Maui) and four Insular Areas (Guam, Mariana Islands, Samoa, Virgin Islands). ** Estimates assume a blended hourly rate that is equivalent to a GS–12, Step 5, Federal Government Employee.

B. Solicitation of Public Comment (3) Ways to enhance the quality, Dated: March 1, 2018. utility, and clarity of the information to Lori Michalski, This notice is soliciting comments be collected; and from members of the public and affected Acting General Deputy Assistant Secretary (4) Ways to minimize the burden of for Community Planning and Development. parties concerning the collection of the collection of information on those [FR Doc. 2018–05302 Filed 3–14–18; 8:45 am] information described in Section A on who are to respond; including through the following: the use of appropriate automated BILLING CODE 4210–67–P (1) Whether the proposed collection collection techniques or other forms of of information is necessary for the information technology, e.g., permitting proper performance of the functions of electronic submission of responses. the agency, including whether the HUD encourages interested parties to information will have practical utility; submit comment in response to these (2) The accuracy of the agency’s questions. estimate of the burden of the proposed Authority: Section 3507 of the Paperwork collection of information; Reduction Act of 1995, 44 U.S.C. Chapter 35

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DEPARTMENT OF HOUSING AND number through TTY by calling the toll- to verify that State CDBG funds have URBAN DEVELOPMENT free Federal Relay Service at (800) 877– been properly spent before a grant may 8339. Copies of available documents be officially closed. The HUD field [Docket No. FR–7001–N–08] submitted to OMB may be obtained office will prepare and send a closeout 30-Day Notice of Proposed Information from Ms. Guido. package that includes a transmittal Collection: Closeout Instruction for SUPPLEMENTARY INFORMATION: This letter, grant closeout agreement, grantee Community Development Block Grant notice informs the public that HUD is closeout certification and a closeout (CDBG) Program seeking approval from OMB for the checklist to the grantee via email or information collection described in standard mail. The information in the AGENCY: Office of the Chief Information Section A. closeout package will assist the Officer, HUD. The Federal Register notice that Department in determining whether all ACTION: Notice. solicited public comment on the requirements of the contract between information collection for a period of 60 the Department and the Grantee have SUMMARY: HUD is seeking approval from days was published on August 25, 2017 been completed. the Office of Management and Budget at 82 FR 40590. (OMB) for the information collection The HUD 7082 Funding Approval described below. In accordance with the A. Overview of Information Collection Form—The Grant Agreement between Paperwork Reduction Act, HUD is Title of Information Collection: the Department of Housing and Urban requesting comment from all interested Closeout instruction for CDBG Program. Development (HUD) and the Grantee is parties on the proposed collection of OMB Approval Number: 2506–0193. made pursuant to the authority of Title information. The purpose of this notice Type of Request: Reinstatement of a I of the Housing and Community is to allow for 30 days of public currently approved collection. Development Act of 1974, as amended, comment. Form Number: HUD 7082-Funding (42 U.S.C. 5301 et seq.). HUD will make Approval Form. DATES: Comments Due Date: April 16, the funding assistance as specified to Description of the need for the 2018. the grantee upon execution of the information and proposed use: The Agreement. ADDRESSES: Interested persons are closeout instructions apply to Respondents (i.e. affected public): invited to submit comments regarding Community Development Block Grant This information collection applies to this proposal. Comments should refer to (CDBG) programs (State CDBG Program, all States, Entitlement jurisdictions, the proposal by name and/or OMB CDBG Disaster Recovery Supplemental Insular Areas, non-entitlement counties Control Number and should be sent to: Funding, CDBG-Recovery Act (CDBG– HUD Desk Officer, Office of R)) and Neighborhood Stabilization in Hawaii and those non-entitlement Management and Budget, New Programs (NSP) 1, 2, & 3. Section counties directly funded by NSP 3 and Executive Office Building, Washington, 570.509 of the CDBG regulations CDBG–DR. DC 20503; fax: 202–395–5806, Email: contains the grant closeout criteria for Estimated Number of Respondents/ OIRA [email protected] Entitlement jurisdictions when HUD Estimated Number of Responses: The FOR FURTHER INFORMATION CONTACT: determines, in consultation with the estimated combined number of Anna P. Guido, Reports Management recipients that a grant can be closed. respondents is 3,294 for the grant Officer, QMAC, Department of Housing The State CDBG program does not have closeout task and for the HUD 7082 and Urban Development, 451 7th Street a regulatory requirement for closeouts funding approval form. The proposed SW, Washington, DC 20410; email Anna but has relied on administrative frequency of the response to the P. Guido at [email protected] or guidance. This is also true for the NSP, collection of information is annual to telephone 202–402–5535. This is not a CDBG Disaster Recovery and CDBG–R initiate the grant closeout reporting and toll-free number. Person with hearing or programs administrated by the state. submission of the funding approval speech impairments may access this States will use the Notice as a vehicle agreement. GRANT CLOSEOUT FORM

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

States Total ...... 182.00 1.00 182.00 3.00 546.00 30.05 16,407.30 Counties in Hawaii Total ...... 3.00 1.00 3.00 3.00 9.00 30.05 270.45 Entitlement Total...... 1,490.00 1.00 1,490.00 3.00 4,470.00 30.05 134,323.50 Non-entitlement Total...... 32.00 1.00 32.00 3.00 96.00 30.05 2,884.80 Non-Profits and Quasi-public Total ...... 20.00 1.00 20.00 3.00 60.00 30.05 1,803.00 Funding Approval Total ...... 1,727.00 1.00 1,727.00 3.00 5,181.00 30.05 155,689.05

FUNDING APPROVAL/AGREEMENT 7082 FORM

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

State Total ...... 132.00 1.00 132.00 0.25 33.00 30.05 991.65 Counties in Hawaii Total ...... 3.00 1.00 3.00 0.25 0.75 30.05 22.54 Entitlement Total...... 1,399.00 1.00 1,399.00 0.25 349.75 30.05 10,509.99 Nonentitlement Total...... 32.00 1.00 32.00 0.25 8.00 30.05 240.40 Nonentitlement Direct Grantees Total ...... 32.00 1.00 32.00 0.25 8.00 30.05 240.40 Funding Approval Total ...... 1,598.00 1.00 1,598.00 0.25 399.50 30.05 12,004.98

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FUNDING APPROVAL/AGREEMENT 7082 FORM—Continued

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

Grant Closeout/Form 7082 ...... 3,325.00 1.00 3,325.00 ...... 5,581.00 30.05 167,709.05 ** GS 12, step 1 (2017 OMB tables).

B. Solicitation of Public Comment Impact Statement (Final PDARP/PEIS), an attempt to disperse the spilled oil. This notice is soliciting comments and the resulting Consent Decree, the An undetermined amount of natural gas from members of the public and affected Federal and State natural resource was also released into the environment parties concerning the collection of trustee agencies for the Florida Trustee as a result of the spill. The Trustees conducted the natural information described in Section A on Implementation Group (Florida TIG) resource damage assessment (NRDA) for the following: have approved the Final Phase V.2 the Deepwater Horizon oil spill under (1) Whether the proposed collection Restoration Plan and Supplemental the Oil Pollution Act (33 U.S.C. 2791 et of information is necessary for the Environmental Assessment (Final Phase seq.; OPA). Pursuant to OPA, Federal proper performance of the functions of V.2 RP/SEA) and Finding of No and State agencies act as trustees on the agency, including whether the Significant Impact (FONSI). The Final behalf of the public to assess natural information will have practical utility; Phase V.2 RP/SEA supplements the resource injuries and losses and to (2) The accuracy of the agency’s 2016 Final Phase V Early Restoration determine the actions required to estimate of the burden of the proposed Plan and Environmental Assessment compensate the public for those injuries collection of information; (Final Phase V ERP/EA) and selects to and losses. OPA further instructs the (3) Ways to enhance the quality, fund the second phase of the Florida designated trustees to develop and utility, and clarity of the information to Coastal Access Project intended to continue the process of restoring natural implement a plan for the restoration, be collected; and rehabilitation, replacement, or (4) Ways to minimize the burden of resources and services injured or lost as acquisition of the equivalent of the the collection of information on those a result of the Deepwater Horizon oil spill. injured natural resources under their who are to respond; including through trusteeship, including the loss of use the use of appropriate automated ADDRESSES: Obtaining Documents: You and services from those resources from collection techniques or other forms of may download the Final Phase V.2 RP/ the time of injury until the time of information technology, e.g., permitting SEA at any of the following sites: restoration to baseline (the resource electronic submission of responses. • http://www.doi.gov/deepwaterhorizon • quality and conditions that would exist HUD encourages interested parties to http://www.gulfspill if the spill had not occurred) is submit comment in response to these restoration.noaa.gov • complete. questions. http://dep.state.fl.us/ The Deepwater Horizon Trustees are: Authority: Section 3507 of the Paperwork deepwaterhorizon/default.htm • U.S. Department of the Interior Reduction Act of 1995, 44 U.S.C. Chapter 35. Alternatively, you may request a CD (DOI), as represented by the National Dated: February 27, 2018. of the Final Phase V.2 RP/SEA (see FOR Park Service, U.S. Fish and Wildlife FURTHER INFORMATION CONTACT). You Anna P. Guido, Service, and Bureau of Land may also view the document at any of Management; Department Reports Management Officer, the public facilities listed at http:// • National Oceanic and Atmospheric Office of the Chief Information Officer. www.gulfspillrestoration.noaa.gov. Administration (NOAA), on behalf of [FR Doc. 2018–05303 Filed 3–14–18; 8:45 am] FOR FURTHER INFORMATION CONTACT: the U.S. Department of Commerce; BILLING CODE 4210–67–P • Nanciann Regalado, at nanciann_ U.S. Department of Agriculture [email protected]. (USDA); • U.S. Environmental Protection DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: Agency (EPA); • [FWS–R4–ES–2018–N015; Introduction State of Louisiana Coastal FVHC98220410150–XXX–FF04G01000] Protection and Restoration Authority, On or about April 20, 2010, the Oil Spill Coordinator’s Office, mobile offshore drilling unit Deepwater Notice of Availability; Florida Trustee Department of Environmental Quality, Horizon, which was being used to drill Implementation Group Deepwater Department of Wildlife and Fisheries, a well for BP Exploration and Horizon Oil Spill Final Phase V.2 and Department of Natural Resources; Production, Inc. (BP), in the Macondo Restoration Plan and Supplemental • State of Mississippi Department of prospect (Mississippi Canyon 252– Environmental Assessment; Florida Environmental Quality; MC252), experienced a significant • Coastal Access Project State of Alabama Department of explosion, fire, and subsequent sinking Conservation and Natural Resources and AGENCY: Department of the Interior. in the Gulf of Mexico, resulting in an Geological Survey of Alabama; ACTION: Notice of availability. unprecedented volume of oil and other • State of Florida Department of discharges from the rig and from the Environmental Protection and Fish and SUMMARY: In accordance with the Oil wellhead on the seabed. The Deepwater Wildlife Conservation Commission; and Pollution Act of 1990 (OPA), the Horizon oil spill is the largest offshore • State of Texas: Texas Parks and National Environmental Policy Act of oil spill in U.S. history, discharging Wildlife Department, Texas General 1969 (NEPA), the Deepwater Horizon millions of barrels of oil over a period Land Office, and Texas Commission on Oil Spill Final Programmatic Damage of 87 days. In addition, well over 1 Environmental Quality. Assessment and Restoration Plan and million gallons of dispersants were Upon completion of the NRDA, the Final Programmatic Environmental applied to the waters of the spill area in Trustees reached and finalized a

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settlement of their natural resource early restoration plans and in DEPARTMENT OF THE INTERIOR damage claims with BP in an April 4, accordance with the Consent Decree. 2016, Consent Decree approved by the The Trustees have determined that Bureau of Land Management United States District Court for the decisions concerning any unexpended [LLNVS01000. L51010000.PQ0000. Eastern District of Louisiana. Pursuant early restoration funds are to be made LVRWF09F1840; N–094470; to that Consent Decree, restoration by the appropriate TIG, in this case the MO#4500108571; TAS: 14X5017] projects in the Florida Restoration Area Florida TIG. are now chosen and managed by the Notice of Intent To Prepare an Florida TIG. The Florida TIG is Overview of the Final Phase V.2 RP/ Environmental Impact Statement and a composed of the following six Trustees: SEA Possible Land Use Plan Amendment State of Florida Department of for the Proposed Crescent Peak Wind The Final Phase V.2 RP/SEA/FONSI Environmental Protection and Fish and Project, West of Searchlight in Clark is being released in accordance with Wildlife Conservation Commission; County, Nevada; and a Notice of Public OPA, NRDA regulations found in the DOI; NOAA; EPA; and USDA. Lands Segregation A notice of availability of the Draft Code of Federal Regulations (CFR) at 15 Phase V.2 Restoration Plan and CFR part 990, NEPA, the Consent AGENCY: Bureau of Land Management, Supplemental Environmental Decree, the Final PDARP/PEIS, the Department of the Interior. Assessment was published in the Phase III ERP/PEIS and the Phase V ACTION: Notice of intent. Federal Register on November 8, 2017 ERP/EA. The purpose of this notice is to SUMMARY: As requested by Crescent (82 FR 51858). The public was provided inform the public of the availability of the Final Phase V.2 RP/SEA and FONSI. Peak Renewables, LLC, and in with a period to review and comment compliance with the National on the Draft Restoration Plan, from The Florida TIG has selected to fund Environmental Policy Act of 1969, as November 8, 2017, through December 8, the second phase of the Florida Coastal amended (NEPA), the Bureau of Land 2017, and a public meeting was held on Access Project in the Final Phase V.2 Management (BLM), Las Vegas Field November 16, 2017, in Port St. Joe, RP/SEA to address lost recreational Office will prepare an Environmental Florida. The Florida TIG considered the opportunities in Florida caused by the Impact Statement (EIS), which may public comments received, which Deepwater Horizon oil spill. In the Final include a Plan Amendment to the 1998 informed the TIG’s analyses and Phase V.2 RP/SEA, the Florida TIG Las Vegas Resource Management Plan selection of the preferred restoration selected to fund one alternative, the (RMP) or subsequent RMP, for a alternative, the Salinas Park Addition Salinas Park Addition, which involves proposed wind energy project located project, in the Final Phase V.2 RP/SEA. the acquisition and enhancement of a on public lands 10 miles west of A summary of the public comments 6.6-acre coastal parcel. The Florida Searchlight in Clark County, Nevada. received, and the Florida TIG’s Coastal Access Project was allocated responses to those comments, are Publication of this Notice initiates the approximately $45.4 million in early scoping process and opens a 90-day addressed in Chapter 6 of the Final restoration funds, and the Salinas Park Phase V.2 RP/SEA. The FONSI is public comment period. The BLM is Addition will cost approximately $3.2 considering a Plan Amendment to included as Appendix C of the Final million of the $6.4 million remaining Phase V.2 RP/SEA. change the Visual Resource funds not utilized in the first phase of Management classification of the project Background the Florida Coastal Access Project. area. Through a separate ongoing Details on the second phase of the process, the 1998 Las Vegas RMP is In the 2011 Framework Agreement for Florida Coastal Access Project are Early Restoration Addressing Injuries being revised. If the BLM issues a provided in the Final Phase V.2 RP/ Record of Decision (ROD) before the Resulting from the Deepwater Horizon SEA. Additional restoration planning Oil Spill (Framework Agreement), BP RMP revision is completed, and a for the Florida Restoration Area will change to the plan is determined to be agreed to provide to the Trustees up to continue. $1 billion toward early restoration necessary, then the ROD would amend projects in the Gulf of Mexico to address Administrative Record the 1998 RMP. If the ROD comes after injuries to natural resources caused by RMP revision is completed, and a the Deepwater Horizon oil spill. The The documents comprising the change to the plan is necessary, then the Framework Agreement represented a Administrative Record for the Final ROD would amend the revised RMP. preliminary step toward the restoration Phase V.2 RP/SEA can be viewed at Publication of this Notice serves to of injured natural resources and was http://www.doi.gov/deepwaterhorizon/ segregate the public lands from intended to expedite the start of administrativerecord. appropriation under the public land laws, including location under the restoration in the Gulf in advance of the Authority completion of the injury assessment Mining Law, but not the Mineral process. In the five phases of the early The authority of this action is the Oil Leasing Act or the Materials Act, subject restoration process, the Trustees Pollution Act of 1990 (33 U.S.C. 2701 et to valid existing rights. This Notice selected, and BP agreed to fund, a total seq.) and its implementing Natural initiates the public scoping process and of 65 early restoration projects expected Resource Damage Assessment the segregation. to cost a total of approximately $877 regulations found at 15 CFR part 990 DATES: Comments on issues may be million. The Trustees selected these and the National Environmental Policy submitted in writing until June 13, projects after public notice, public Act of 1969 (42 U.S.C. 4321 et seq.). 2018. The date(s) and location(s) of the meetings, and consideration of public scoping meetings will be announced at comments. Kevin D. Reynolds, least 15 days prior in a news release and The April 4, 2016, Consent Decree Designated Department of the Interior Natural on the BLM website at: http://bit.ly/ terminated and replaced the Framework Resource Trustee Official for the Florida 2tkVGC5. Agreement and provided that the Implementation Group. Comments must be received prior to Trustees shall use remaining early [FR Doc. 2018–05137 Filed 3–14–18; 8:45 am] the close of the scoping period or no restoration funds as specified in the BILLING CODE 4333–15–P later than 15 days after the last public

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meeting, whichever is later, to be 306108), as provided for in 36 CFR Sec. 27, E1⁄2, E1⁄2NW1⁄4, and E1⁄2SW1⁄4; included in the Draft EIS. The BLM will 800.2(d)(3). The information about Sec. 33, SE1⁄4NE1⁄4, E1⁄2SE1⁄4, and provide additional opportunities for historic and cultural resources within S1⁄2SW1⁄4; public participation upon publication of the area potentially affected by the Sec. 34. T. 28 S., R. 60 E., the Draft EIS. project will assist the BLM in Sec. 1, lot 4, S1⁄2NW1⁄4, SW1⁄4, and ADDRESSES: Submit comments related to identifying and evaluating impacts to S1⁄2SE1⁄4; the project by any of the following such resources in the context of both Sec. 12; methods: NEPA and Section 106 of the NHPA. Sec. 13, except Patented Mineral Survey • Email: blm_nv_sndo_crescentpeak@ The BLM will consult with Native No. 2594. blm.gov. American tribes on a government-to- T. 28 S., R. 61 E., • Fax: (702) 515–5155, attention government basis in accordance with Secs. 3 and 4; applicable laws, regulations, Executive Sec. 5, lot 1 and SE1⁄4NE1⁄4; Gayle Marrs-Smith. 1 1 • Mail: BLM, Las Vegas Field Office, Order 13175, and other policies. Tribal Sec. 6, S ⁄2SE ⁄4; Secs. 7, 8, and 9; Attn: Gayle Marrs-Smith, 4701 North concerns will be given due Sec. 10, N1⁄2NE1⁄4, N1⁄2NW1⁄4, and Torrey Pines Drive, Las Vegas, NV consideration, including impacts on SE1⁄4SW1⁄4; 89130–2301. Indian Trust assets. The Federal, State, Sec. 13 and 14, except Patented Mineral FOR FURTHER INFORMATION CONTACT: For and local agencies, along with other Survey No. 4490 and 4579; further information and/or to have your stakeholders that may be interested or Sec. 15, SE1⁄4NE1⁄4, SE1⁄4SW1⁄4, and SE1⁄4; name added to the mailing list, send affected by the BLM’s decision on this Sec. 16, N1⁄2NE1⁄4 and N1⁄2NW1⁄4; requests to: Gayle Marrs-Smith, Field project, are invited to participate in the Sec. 17; Manager, at telephone (702) 515–5199; scoping process and, if eligible, may Sec. 18, except Patented Mineral Survey request or be requested by the BLM to No. 2594; or address 4701 North Torrey Pines Sec. 22, except Patented Mineral Survey Drive, Las Vegas, NV 89130–2301; or participate as a cooperating agency. No. 2945 and 2940; email blm_nv_sndo_crescentpeak@ Before including your address, phone Sec. 23, except Patented Mineral Survey blm.gov. Persons who use a number, email address, or other No. 2776, 4799, and 4579; telecommunications device for the deaf personal identifying information in your Sec. 24, except Patented Mineral Survey (TDD) may call the Federal Relay comment, you should be aware that No. 4579; Service (FRS) at 1–800–877–8339 to your entire comment—including your Sec. 25, except Patented Mineral Survey contact the above individual during personal identifying information—may No. 2632; normal business hours. The FRS is be made publicly available at any time. Sec. 26, except Patented Mineral Survey While you can ask us in your comment No. 2939, 2687, and 4799; available 24 hours a day, 7 days a week, Sec. 27, except Patented Mineral Survey to leave a message or question with the to withhold your personal identifying No. 2939, 2687, and 2945; above individual. You will receive a information from public review, we Sec. 33, E1⁄2NE1⁄4 and E1⁄2SE1⁄4; reply during normal business hours. cannot guarantee that we will be able to Secs. 34 and 35, except Patented Mineral SUPPLEMENTARY INFORMATION: On do so. Survey No. 2687; Sec. 36. November 16, 2015, Crescent Peak Segregation of the Public Lands Renewables, LLC, submitted an T. 28 S., R. 62 E., Secs. 18, 19, and 30; application to BLM requesting In 2013, the BLM published a Final Rule, Segregation of Lands—Renewable Sec. 31, lots 5 thru 12, NE1⁄4, and authorization to construct, operate, E1⁄2NW1⁄4. maintain, and terminate an up-to-500 Energy (78 FR 25204), that amended the regulations found in 43 CFR 2090 and T. 29 S., R. 61 E., megawatt wind energy generation Sec. 1, lots 1 thru 4, S1⁄2NE1⁄4, and 2800. The provisions of the Final Rule facility—Crescent Peak Renewables (N– S1⁄2NW1⁄4, except Patented Mineral 94470). It would be located on four sites allow the BLM to temporarily segregate Survey No. 3580; public lands within a solar or wind 1 1 and constructed in two phases. The Sec. 2, lots 1 thru 4, S ⁄2NE ⁄4, and project area is 22 miles long (north and application area from the operation of S1⁄2NW1⁄4; 1 1 south) and 5 miles wide (east and west), the public land laws, including the Sec. 3, lots 1 thru 4, S ⁄2NE ⁄4, and Mining Law, by publication of a Federal S1⁄2NW1⁄4; covers 32,531 acres of public land and Secs. 10 thru 15 and secs. 22 thru 26. is located 10 miles west of Searchlight, Register Notice. This temporary segregation does not affect valid existing T. 29 S., R. 62 E., Nevada. 1 1 rights of mining claims located before Sec. 6, lots 3 thru 7, SE ⁄4NW ⁄4, and Due to the size and potential impacts E1⁄2SW1⁄4; this segregation notice. The purpose of of the Crescent Peak wind project, the Sec. 32, SE1⁄4SE1⁄4; this temporary segregation is to allow 1 1 1 1 1 1 BLM is preparing an EIS. The purpose Sec. 33, NW ⁄4NE ⁄4, NE ⁄4NW ⁄4, S ⁄2NE ⁄4, of the public scoping process is to for the orderly administration of the S1⁄2NW1⁄4, and S1⁄2. identify relevant issues that will public lands associated with the BLM’s T. 30 S., R. 62 E., influence the scope of the consideration of this renewable energy Secs. 3 and 4; environmental analysis, including ROW. Licenses, permits, cooperative Sec. 5, except Patented Mineral Survey No. agreements, or discretionary land use 4803; alternatives, and to guide the process for Secs. 6, 8, 9, and 10; developing the potential Plan authorizations of a temporary nature will not impact lands identified in this Sec. 15, except Patented Mineral Survey Amendment. The BLM has identified No. 2652; the following preliminary issues: Notice and may be allowed with the Secs. 16, 22 thru 26, and 36. biological resources, visual resources, approval of the authorized officer of the T. 30 S., R. 63 E., cultural resources, tribal interests, BLM. The lands segregated under this Secs. 30 and 31. recreation, and cumulative impacts. Notice are legally described as follows: T. 31 S., R. 63 E., The BLM will use the NEPA public Sec. 6. Mount Diablo Meridian, Clark County, commenting process to satisfy the Nevada As provided in the Final Rule, the public involvement process for Section segregation of lands in this Notice will 106 of the National Historic Mount Diablo Meridian, Nevada not exceed two years from the date of Preservation Act (NHPA) (54 U.S.C. T. 27 S., R. 61 E., publication of this Notice, though it can

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be extended for up to two additional Control Number 1029–0112 in the protection and reclamation years through publication of a new subject line of your comments. requirements of 30 CFR parts 772 and notice in the Federal Register. FOR FURTHER INFORMATION CONTACT: To 815, and section 512 of SMCRA (30 Termination of the segregation occurs request additional information about U.S.C. 1262). on the earliest of the following dates: this ICR, contact John Trelease by email Form Number: None. upon issuance of a decision by the at [email protected], or by telephone Type of Review: Extension of a authorized officer granting, granting at (202) 208–2783. You may also view currently approved collection. with modifications, or denying the the ICR at http://www.reginfo.gov/ Respondents/Affected Public: Persons application for a right-of-way; public/do/PRAMain. planning to conduct coal exploration and State regulatory authorities. automatically at the end of the SUPPLEMENTARY INFORMATION: In Total Estimated Number of Annual segregation; or upon publication of a accordance with the Paperwork Respondents: 320 coal operators and 24 Federal Register Notice of termination Reduction Act of 1995, we provide the State regulatory authorities. of the segregation. general public and other Federal Total Estimated Number of Annual Upon termination of segregation of agencies with an opportunity to Responses: 613. these lands, all lands subject to this comment on new, proposed, revised, segregation will automatically reopen to Estimated Completion Time per and continuing collections of Response: Varies from .5 hours to 70 appropriation under the public land information. This helps us assess the laws. hours, depending on type of respondent impact of our information collection and activity. (Authority: 43 CFR 2800 and 2090) requirements and minimize the public’s Total Estimated Number of Annual Gayle Marrs-Smith, reporting burden. It also helps the Burden Hours: 1,864 hours. public understand our information Las Vegas Field Manager. Respondent’s Obligation: Required to collection requirements and provides Obtain or Retain a Benefit. [FR Doc. 2018–05273 Filed 3–14–18; 8:45 am] the requested data in the desired format. BILLING CODE 4310–HC–P Frequency of Collection: One time. A Federal Register notice with a 60- Total Estimated Annual Nonhour day public comment period soliciting Burden Cost: $288. comments on this collection of DEPARTMENT OF THE INTERIOR An agency may not conduct or information was published on sponsor and a person is not required to Office of Surface Mining Reclamation November 20, 2017 (82 FR 55114). No respond to a collection of information and Enforcement comments were received. unless it displays a currently valid OMB We are again soliciting comments on control number. [S1D1S SS08011000 SX066A0067F the proposed ICR that is described The authority for this action is the 178S180110; S2D2D SS08011000 SX066A00 below. We are especially interested in Paperwork Reduction Act of 1995 (44 33F 17XS501520; OMB Control Number public comment addressing the 1029–0112] U.S.C. 3501 et seq.). following issues: (1) Is the collection necessary to the proper functions of Dated: March 12, 2018. Agency Information Collection John A. Trelease, Activities: Submission to the Office of OSMRE; (2) is the estimate of burden Acting Chief, Division of Regulatory Support. Management and Budget for Review accurate; (3) how might OSMRE and Approval; Requirements for Coal enhance the quality, utility, and clarity [FR Doc. 2018–05236 Filed 3–14–18; 8:45 am] Exploration of the information to be collected; and BILLING CODE 4310–05–P (4) how might OSMRE minimize the AGENCY: Office of Surface Mining burden of this collection on the Reclamation and Enforcement, Interior. respondents, including through the use DEPARTMENT OF THE INTERIOR ACTION: Notice of information collection; of information technology. Office of Surface Mining Reclamation request for comment. Comments that you submit in response to this notice are a matter of and Enforcement SUMMARY: In accordance with the public record. Before including your [S1D1S SS08011000 SX066A0067F Paperwork Reduction Act of 1995, we, address, phone number, email address, 178S180110; S2D2D SS08011000 SX066A00 the Office of Surface Mining or other personal identifying 33F 17XS501520; OMB Control Number Reclamation and Enforcement (OSMRE) information in your comment, you 1029–0040] are proposing to renew an information should be aware that your entire Agency Information Collection collection related to requirements for comment—including your personal Activities: Submission to the Office of coal exploration. identifying information—may be made Management and Budget for Review DATES: Interested persons are invited to publicly available at any time. While and Approval; Requirements for submit comments on or before April 16, you can ask us in your comment to Permits for Special Categories of 2018 withhold your personal identifying Mining ADDRESSES: Send written comments on information from public review, we this information collection request (ICR) cannot guarantee that we will be able to AGENCY: Office of Surface Mining to the Office of Management and do so. Reclamation and Enforcement, Interior. Budget’s Desk Officer for the Title: 30 CFR part 772—Requirements ACTION: Notice of information collection; Department of the Interior by email at for coal exploration. request for comment. [email protected]; or via OMB Control Number: 1029–0112. facsimile to (202) 395–5806. Please Abstract: OSMRE and State regulatory SUMMARY: In accordance with the provide a copy of your comments to authorities use the information collected Paperwork Reduction Act of 1995, we, John Trelease, Office of Surface Mining under 30 CFR part 772 to keep track of the Office of Surface Mining Reclamation and Enforcement, 1849 C coal exploration activities, evaluate the Reclamation and Enforcement (OSMRE) Street NW, Mail Stop 4559, Washington, need for an exploration permit, and are proposing to renew an information DC 20240; or by email to jtrelease@ ensure that exploration activities collection relating to requirements for osmre.gov. Please reference OMB comply with the environmental permits for special categories of mining.

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DATES: Interested persons are invited to publicly available at any time. While PLACE: Room 101, 500 E Street SW, submit comments on or before April 16, you can ask us in your comment to Washington, DC 20436, Telephone: 2018. withhold your personal identifying (202) 205–2000. ADDRESSES: Send written comments on information from public review, we STATUS: Open to the public. this information collection request (ICR) cannot guarantee that we will be able to MATTERS TO BE CONSIDERED: to the Office of Management and do so. 1. Agendas for future meetings: None. Budget’s Desk Officer for the Title: 30 CFR part 785—Requirements 2. Minutes. Department of the Interior by email at for permits for special categories of 3. Ratification List. [email protected]; or via mining. 4. Vote in Inv. No. 731–TA–891 facsimile to (202) 395–5806. Please OMB Control Number: 1029–0040. (Third Review) (Foundry Coke from provide a copy of your comments to Summary: The information is being China). The Commission is currently collected to meet the requirements of John Trelease, Office of Surface Mining scheduled to complete and file its sections 507, 508, 510, 515, 701 and 711 Reclamation and Enforcement, 1849 C determination and views of the of Public Law 95–87, which require Street NW, Mail Stop 4559, Washington, Commission by April 26, 2018. applicants for special types of mining DC 20240; or by email to jtrelease@ 5. Outstanding action jackets: None. activities to provide descriptions, maps, osmre.gov. Please reference OMB In accordance with Commission plans and data of the proposed activity. Control Number 1029–0054 in the policy, subject matter listed above, not This information will be used by the subject line of your comments. disposed of at the scheduled meeting, regulatory authority in determining if FOR FURTHER INFORMATION CONTACT: To may be carried over to the agenda of the the applicant can meet the applicable following meeting. request additional information about performance standards for the special this ICR, contact John Trelease by email type of mining activity. By order of the Commission. at [email protected], or by telephone Bureau Form Number: None. Issued: March 12, 2018. at (202) 208–2783. You may also view Type of Review: Extension of a William R. Bishop, the ICR at http://www.reginfo.gov/ currently approved collection. Supervisory Hearings and Information public/do/PRAMain. Respondents/Affected Public: Officer. SUPPLEMENTARY INFORMATION: In Applicants for coal mine permits and [FR Doc. 2018–05341 Filed 3–13–18; 11:15 am] accordance with the Paperwork State Regulatory Authorities. BILLING CODE 7020–02–P Reduction Act of 1995, we provide the Total Estimated Number of Annual general public and other Federal Respondents: 51 applicants and 24 State agencies with an opportunity to Regulatory Authorities. INTERNATIONAL TRADE comment on new, proposed, revised, Total Estimated Number of Annual COMMISSION and continuing collections of Responses: 51 applicants and 51 State Regulatory Authority responses. [Investigation Nos. 731–TA–893 (Third information. This helps us assess the Review)] impact of our information collection Estimated Completion Time per Response: Varies from 10 to 1,000 hours requirements and minimize the public’s Honey From China; Scheduling of an per response for permit applicants, and reporting burden. It also helps the Expedited Five-Year Review public understand our information 7 to 420 hours per State regulatory collection requirements and provides authority, depending upon activity. AGENCY: United States International the requested data in the desired format. Total Estimated Number of Annual Trade Commission. A Federal Register notice with a 60- Burden Hours: 6,044 hours. ACTION: Notice. day public comment period soliciting Respondent’s Obligation: Required to comments on this collection of Obtain or Retain a Benefit. SUMMARY: The Commission hereby gives Frequency of Collection: Once. information was published on notice of the scheduling of an expedited Total Estimated Annual Nonhour review pursuant to the Tariff Act of November 20, 2017 (82 FR 55113). No Burden Cost: $0. comments were received. 1930 (‘‘the Act’’) to determine whether An agency may not conduct or revocation of the antidumping duty We are again soliciting comments on sponsor and a person is not required to the proposed ICR that is described orders on honey from China would be respond to a collection of information likely to lead to continuation or below. We are especially interested in unless it displays a currently valid OMB public comment addressing the recurrence of material injury within a control number. reasonably foreseeable time. following issues: (1) Is the collection The authority for this action is the DATES: February 5, 2018. necessary to the proper functions of Paperwork Reduction Act of 1995 (44 OSMRE; (2) is the estimate of burden U.S.C. 3501 et seq). FOR FURTHER INFORMATION CONTACT: Julie accurate; (3) how might OSMRE Duffy (202) 708–2579), Office of enhance the quality, utility, and clarity Dated: March 12, 2018. Investigations, U.S. International Trade of the information to be collected; and John A. Trelease, Commission, 500 E Street SW, (4) how might OSMRE minimize the Acting Chief, Division of Regulatory Support. Washington, DC 20436. Hearing- burden of this collection on the [FR Doc. 2018–05237 Filed 3–14–18; 8:45 am] impaired persons can obtain respondents, including through the use BILLING CODE 4310–05–P information on this matter by contacting of information technology. the Commission’s TDD terminal on 202– Comments that you submit in 205–1810. Persons with mobility response to this notice are a matter of INTERNATIONAL TRADE impairments who will need special public record. Before including your COMMISSION assistance in gaining access to the address, phone number, email address, Commission should contact the Office [USITC SE–18–016] or other personal identifying of the Secretary at 202–205–2000. information in your comment, you Sunshine Act Meetings General information concerning the should be aware that your entire Commission may also be obtained by comment—including your personal TIME AND DATE: March 29, 2018 at 11:00 accessing its internet server (https:// identifying information—may be made a.m. www.usitc.gov). The public record for

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this review may be viewed on the its completion of the final results of its DATES: February 5, 2018. Commission’s electronic docket (EDIS) review, the deadline for comments FOR FURTHER INFORMATION CONTACT: Julie at https://edis.usitc.gov. (which may not contain new factual Duffy (202–708–2579), Office of SUPPLEMENTARY INFORMATION: information) on Commerce’s final Investigations, U.S. International Trade Background.—On February 5, 2018, results is three business days after the Commission, 500 E Street SW, the Commission determined that the issuance of Commerce’s results. If Washington, DC 20436. Hearing- domestic interested party group comments contain business proprietary impaired persons can obtain response to its notice of institution (82 information (BPI), they must conform information on this matter by contacting FR 50683, November 1, 2017) of the with the requirements of sections 201.6, the Commission’s TDD terminal on 202– subject five-year review was adequate 207.3, and 207.7 of the Commission’s 205–1810. Persons with mobility and that the respondent interested party rules. The Commission’s rules with impairments who will need special group response was inadequate. The respect to filing were revised effective assistance in gaining access to the Commission did not find any other July 25, 2014. See 79 FR 35920 (June 25, Commission should contact the Office circumstances that would warrant 2014), and the revised Commission of the Secretary at 202–205–2000. conducting a full review.1 Accordingly, Handbook on E-filing, available from the General information concerning the the Commission determined that it Commission’s website at https:// Commission may also be obtained by would conduct an expedited review edis.usitc.gov. accessing its internet server (https:// pursuant to section 751(c)(3) of the In accordance with sections 201.16(c) www.usitc.gov). The public record for Tariff Act of 1930 (19 U.S.C. and 207.3 of the rules, each document these reviews may be viewed on the 1675(c)(3)).2 filed by a party to the review must be Commission’s electronic docket (EDIS) FOR FURTHER INFORMATION concerning served on all other parties to the review at https://edis.usitc.gov. the conduct of this review and rules of (as identified by either the public or BPI SUPPLEMENTARY INFORMATION: general application, consult the service list), and a certificate of service Background.—On February 5, 2018 Commission’s Rules of Practice and must be timely filed. The Secretary will the Commission determined that the Procedure, part 201, subparts A and B not accept a document for filing without domestic interested party group (19 CFR part 201), and part 207, a certificate of service. response to its notice of institution (82 subparts A, D, E, and F (19 CFR part Determination.—The Commission has FR 50686, November 1, 2017) of the 207). determined these reviews are subject five-year reviews was adequate Staff report.—A staff report extraordinarily complicated and and that the respondent interested party containing information concerning the therefore has determined to exercise its group response was inadequate. The subject matter of the review will be authority to extend the review period by Commission did not find any other placed in the nonpublic record on up to 90 days pursuant to 19 U.S.C. circumstances that would warrant March 14, 2018, and made available to 1675(c)(5)(B). conducting full reviews.1 Accordingly, persons on the Administrative Authority: This review is being conducted the Commission determined that it Protective Order service list for this under authority of title VII of the Tariff Act would conduct expedited reviews review. A public version will be issued of 1930; this notice is published pursuant to pursuant to section 751(c)(3) of the thereafter, pursuant to section section 207.62 of the Commission’s rules. Tariff Act of 1930 (19 U.S.C. 1675(c)(3)). 207.62(d)(4) of the Commission’s rules. By order of the Commission. For further information concerning Written submissions.—As provided in Issued: March 12, 2018. the conduct of these reviews and rules section 207.62(d) of the Commission’s Lisa R. Barton, of general application, consult the rules, interested parties that are parties Commission’s Rules of Practice and to the review and that have provided Secretary to the Commission. [FR Doc. 2018–05268 Filed 3–14–18; 8:45 am] Procedure, part 201, subparts A and B individually adequate responses to the (19 CFR part 201), and part 207, 3 BILLING CODE 7020–02–P notice of institution, and any party subparts A, D, E, and F (19 CFR part other than an interested party to the 207). review may file written comments with INTERNATIONAL TRADE Staff report.—A staff report the Secretary on what determination the COMMISSION containing information concerning the Commission should reach in the review. subject matter of the reviews will be Comments are due on or before March [Investigation Nos. 701–TA–487 and 731– placed in the nonpublic record on April 19, 2018 and may not contain new TA–1197–1198 (Review)] 16, 2018, and made available to persons factual information. Any person that is Steel Wire Garment Hangers From on the Administrative Protective Order neither a party to the five-year review service list for these reviews. A public nor an interested party may submit a Taiwan and Vietnam; Scheduling of Expedited Five-Year Reviews version will be issued thereafter, brief written statement (which shall not pursuant to section 207.62(d)(4) of the contain any new factual information) AGENCY: United States International Commission’s rules. pertinent to the review by March 19, Trade Commission. Written submissions.—As provided in 2018. However, should the Department ACTION: Notice. section 207.62(d) of the Commission’s of Commerce extend the time limit for rules, interested parties that are parties SUMMARY: The Commission hereby gives to the reviews and that have provided 1 A record of the Commissioners’ votes, the notice of the scheduling of expedited individually adequate responses to the Commission’s statement on adequacy, and any reviews pursuant to the Tariff Act of 2 individual Commissioner’s statements will be notice of institution, and any party available from the Office of the Secretary and at the 1930 (‘‘the Act’’) to determine whether Commission’s website. revocation of the antidumping and 1 A record of the Commissioners’ votes, the 2 Commissioner David S. Johanson dissenting. countervailing duty orders on steel wire Commission’s statement on adequacy, and any 3 The Commission has found the responses garment hangers from Taiwan and individual Commissioner’s statements will be submitted by the American Honey Producers Vietnam would be likely to lead to available from the Office of the Secretary and at the Association (‘‘AHPA’’) and the Sioux Honey Commission’s website. Association (‘‘SHA’’) to be individually adequate. continuation or recurrence of material 2 The Commission has found the response Comments from other interested parties will not be injury within a reasonably foreseeable submitted by M&B Metal Products Company, Inc. accepted (see 19 CFR 207.62(d)(2)). time. Continued

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other than an interested party to the DEPARTMENT OF JUSTICE reproduction cost) payable to the United reviews may file written comments with States Treasury. Notice of Lodging of Proposed the Secretary on what determination the Jeffrey K. Sands, Commission should reach in the Consent Decree Under the Clean Air Act Assistant Section Chief, Environmental reviews. Comments are due on or before Enforcement Section, Environment and April 19, 2018 and may not contain new Natural Resources Division. On March 9, 2018, the Department of factual information. Any person that is [FR Doc. 2018–05246 Filed 3–14–18; 8:45 am] Justice lodged a proposed Consent neither a party to the five-year reviews BILLING CODE 4410–15–P nor an interested party may submit a Decree with the United States District brief written statement (which shall not Court for the Northern District of Illinois in the lawsuit entitled United States, the contain any new factual information) NATIONAL CREDIT UNION pertinent to the reviews by April 19, State of Illinois, and Citizens Against ADMINISTRATION 2018. However, should the Department Ruining the Environment v. Midwest of Commerce extend the time limit for Generation, LLC, Civil Action No. 09– Submission for OMB Review; its completion of the final results of its cv–05277. Comment Request reviews, the deadline for comments In 2009, the United States, the State, AGENCY: National Credit Union (which may not contain new factual and Citizens Against Ruining the Administration (NCUA). information) on Commerce’s final Environment filed this lawsuit under ACTION: Notice. results is three business days after the the Clean Air Act, seeking injunctive issuance of Commerce’s results. If relief and civil penalties for violations SUMMARY: The National Credit Union comments contain business proprietary of the Clean Air Act at Midwest Administration (NCUA) will be information (BPI), they must conform Generation’s six coal-fired electric submitting the following information with the requirements of sections 201.6, generating power plants in Illinois. This collection requests to the Office of 207.3, and 207.7 of the Commission’s Consent Decree resolves the litigation by Management and Budget (OMB) for rules. The Commission’s rules with requiring the Defendant to perform review and clearance in accordance respect to filing were revised effective injunctive relief and pay a $1 million with the Paperwork Reduction Act of July 25, 2014. See 79 FR 35920 (June 25, civil penalty to be split evenly by the 1995, on or after the date of publication 2014), and the revised Commission United States and the State of Illinois. of this notice. DATES: Comments should be received on Handbook on E-filing, available from the The publication of this notice opens Commission’s website at https:// or before April 16, 2018 to be assured a period for public comment on the of consideration. edis.usitc.gov. Consent Decree. Comments should be ADDRESSES: Send comments regarding In accordance with sections 201.16(c) addressed to the Assistant Attorney the burden estimates, or any other and 207.3 of the rules, each document General, Environment and Natural aspect of these information collections, filed by a party to the reviews must be Resources Division, and should refer to including suggestions for reducing the served on all other parties to the reviews United States, et al. v. Midwest burden, to (1) Office of Information and (as identified by either the public or BPI Generation, LLC, D.J. Ref. No. 90–5–2– Regulatory Affairs, Office of service list), and a certificate of service 1–09334. All comments must be Management and Budget, Attention: must be timely filed. The Secretary will submitted no later than thirty (30) days Desk Officer for NCUA, New Executive not accept a document for filing without after the publication date of this notice. Office Building, Room 10235, a certificate of service. Comments may be submitted either by Washington, DC 20503, or email at Determination.—The Commission has email or by mail: [email protected] and determined these reviews are (2) NCUA PRA Clearance Officer, 1775 To submit Duke Street, Suite 5060, Alexandria, VA extraordinarily complicated and comments: Send them to: therefore has determined to exercise its 22314, or email at PRAComments@ ncua.gov. authority to extend the review period by By email ...... pubcomment-ees.enrd@ up to 90 days pursuant to 19 U.S.C. usdoj.gov. FOR FURTHER INFORMATION CONTACT: 1675(c)(5)(B). By mail ...... Assistant Attorney General, Copies of the submission may be U.S. DOJ—ENRD, Authority: These reviews are being obtained by contacting Dawn Wolfgang P.O. Box 7611, at (703) 548–2279, emailing conducted under authority of title VII of Washington, DC 20044–7611. [email protected], or viewing the Tariff Act of 1930; this notice is the entire information collection request published pursuant to section 207.62 of During the public comment period, at www.reginfo.gov. the Commission’s rules. the Consent Decree may be examined SUPPLEMENTARY INFORMATION: By order of the Commission. and downloaded at this Justice OMB Number: 3133–0183. Issued: March 12, 2018. Department website: https:// Title: Golden Parachute and Lisa R. Barton, www.justice.gov/enrd/consent-decrees. Indemnification Payments, 12 CFR part We will provide a paper copy of the 750. Secretary to the Commission. Abstract: This rule prohibits, in [FR Doc. 2018–05281 Filed 3–14–18; 8:45 am] Consent Decree upon written request and payment of reproduction costs. certain circumstances, a federally BILLING CODE 7020–02–P insured credit union (FICU) from Please mail your request and payment making golden parachute and to: Consent Decree Library, U.S. DOJ— indemnification payments to an ENRD, P.O. Box 7611, Washington, DC institution-affiliated party (IAP). Section 20044–7611. (‘‘M&B) to be individually adequate. Comments 750.6 requires requests by a troubled from other interested parties will not be accepted Please enclose a check or money order FICU to make a severance or golden (see 19 CFR 207.62(d)(2)). for $12.00 (25 cents per page parachute payment to an IAP, to be

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submitted in writing to NCUA. The notice on March 9, 2018 (83 FR 10526) functions of the agency, including information will be used by the NCUA of the closed meeting of the NCUA whether the information will have to determine whether an exception to Board scheduled for March 14, 2018. practical utility; the general prohibition on golden Prior to the meeting, on March 12, 2018, • Evaluate the accuracy of the parachute payments should be the NCUA Board unanimously agency’s estimate of the burden of the approved. determined that agency business proposed collection of information, Type of Review: Extension of a required the addition of a second item including the validity of the currently approved collection. on the agenda with less than seven days’ methodology and assumptions used; Affected Public: Private Sector: Not- notice to the public, and that no earlier • Enhance the quality, utility, and for-profit institutions. notice of the addition was possible. clarity of the information to be Estimated Total Annual Burden MATTER TO BE ADDED: collected; and • Hours: 21. 2. Supervisory Action. Closed Minimize the burden of the OMB Number: 3133–0184. pursuant to Exemptions (8), (9)(i)(B), collection of information on those who Title: Requirements for Insurance— and (9)(ii). are to respond, including through the Interest Rate Risk Policy FOR FURTHER INFORMATION CONTACT: use of appropriate automated, Abstract: Section 741.3(b)(5) of Gerard Poliquin, Secretary of the Board, electronic, mechanical, or other NCUA’s rules and regulations requires Telephone: 703–518–6304. technological collection techniques or federally-insured credit unions (FICUs) other forms of information technology, with assets of more than $50 million to Gerard Poliquin, e.g., permitting electronic submission of develop, as a prerequisites for Secretary of the Board. responses. insurability of its member deposits, a [FR Doc. 2018–05353 Filed 3–13–18; 11:15 am] ADDRESSES: Comments should be sent to written interest rate risk management BILLING CODE 7535–01–P Office of Information and Regulatory policy and a program to effectively Affairs, Attn.: OMB Desk Officer for implement the policy. The need for Education, Office of Management and FICU to have a written policy to NATIONAL FOUNDATION ON THE Budget, Room 10235, Washington, DC establish responsibilities and ARTS AND HUMANITIES 20503, (202) 395–7316. procedures for identifying, measuring, FOR FURTHER INFORMATION CONTACT: monitoring, controlling, and reporting, Institute of Museum and Library Dr. Sandra Webb, Director of Grant and establishing risk limits are essential Services Policy and Management, Institute of components of safe and sound credit Museum and Library Services, 955 union operations and to ensure the Submission for OMB Review, L’Enfant Plaza North SW, Suite 4000, security of the National Credit Union Comment Request, Proposed Washington, DC 20024–2135. Dr. Webb Share Insurance Fund (NCUSIF). Collection: IMLS Collections can be reached by Telephone: 202–653– Type of Review: Extension of a Assessment for Preservation Program 4718 Fax: 202–653–4608, or by email at currently approved collection. AGENCY: Institute of Museum and [email protected], or by teletype (TTY/ Affected Public: Private Sector: Not- Library Services, National Foundation TDD) for persons with hearing difficulty for-profit institutions. at 202–653–4614. Estimated Total Annual Burden on the Arts and Humanities. SUPPLEMENTARY INFORMATION: The Hours: 735. ACTION: Submission for OMB review, By Gerard Poliquin, Secretary of the comment request. Institute of Museum and Library Board, the National Credit Union Services is the primary source of federal SUMMARY: The Institute of Museum and Administration, on March 12, 2018. support for the Nation’s 120,000 Library Services announces the libraries and 35,000 museums and Dated: March 12, 2018. following information collection has related organizations. The Institute’s Dawn D. Wolfgang, been submitted to the Office of mission is to inspire libraries and NCUA PRA Clearance Officer. Management and Budget (OMB) for museums to advance innovation, [FR Doc. 2018–05274 Filed 3–14–18; 8:45 am] review and approval in accordance with lifelong learning, and cultural and civic BILLING CODE 7535–01–P the Paperwork Reduction Act. This engagement. Our grant making, policy program helps to ensure that requested development, and research help data can be provided in the desired libraries and museums deliver valuable NATIONAL CREDIT UNION format, reporting burden (time and services that make it possible for ADMINISTRATION financial resources) is minimized, communities and individuals to thrive. collection instruments are clearly To learn more, visit www.imls.gov. Sunshine Act Meetings; Notice of a understood, and the impact of collection Current Actions: This notice proposes Matter To Be Added to the Agenda for requirements on respondents can be the clearance of the IMLS Collection Consideration at an Agency Meeting properly assessed. Assessment for Preservation Program A copy of the proposed information forms and guidelines. The 60-day Notice FEDERAL REGISTER CITATION OF PREVIOUS collection request can be obtained by for the ‘‘Notice of Proposed Information ANNOUNCEMENT: March 9, 2018 (83 FR contacting the individual listed below Collection Requests: 2019–2021 IMLS 10526). in the ADDRESSES section of this notice. Collection Assessment for Preservation TIME AND DATE: 1:30 p.m., Wednesday, DATES: Comments must be submitted to Program’’ was published in the Federal March 14, 2018. the office listed in the ADDRESSES Register on November 28, 2017 (82 FR PLACE: Board Room, 7th Floor, Room section below on or before April 5, 56275). The agency has taken into 7047; 1775 Duke Street, Alexandria, VA 2018. consideration the one comment that was 22314–3428. OMB is particularly interested in received under this notice. STATUS: Closed. comments that help the agency to: The Collections Assessment for Pursuant to the provisions of the • Evaluate whether the proposed Preservation Program (CAP) is designed ‘‘Government in Sunshine Act’’ notice is collection of information is necessary to support collections assessments for hereby given that the NCUA Board gave for the proper performance of the small and medium-sized museums

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throughout the nation. The collections Dated: March 5, 2018. DATE AND TIME: assessment is a study of all of the Kim A. Miller, April 11, 2018; 7 p.m.–9 p.m. institution’s collections, buildings and Grants Management Specialist, Office of April 12, 2018; 7:30 a.m.–8:30 p.m. building systems, as well as its policies Grant Policy and Management. and procedures relating to collections [FR Doc. 2018–04717 Filed 3–14–18; 8:45 am] April 13, 2018; 8:00 a.m.–3:15 p.m. care. Participants who complete the BILLING CODE 7036–01–P PLACE: University of Colorado, Regent program receive an assessment report Drive, Boulder, CO 80309 with prioritized recommendations to improve collections care. TYPE OF MEETING: Part-Open NATIONAL SCIENCE FOUNDATION Agency: Institute of Museum and CONTACT PERSON: Dr. Daniele Finotello, Library Services. Proposal Review Panel for Materials Program Director, Materials Research Title: Collection Assessment for Research; Notice of Meeting Science and Engineering Center, Preservation Program Forms. MRSEC. Division of Materials Research, OMB Number: 3137–0103. In accordance with the Federal Frequency: Once per application. Room E 9475, National Science Advisory Committee Act (Pub., L. 92– Foundation, 2415 Eisenhower Avenue, Affected Public: Museum applicants. 463 as amended), the National Science Number of Respondents: 775. Alexandria, VA 22314; Telephone (703) Estimated Average Burden per Foundation (NSF) announces the 292–4676. following meeting: Response: 4 hours. PURPOSE OF MEETING: NSF site visit to NAME AND COMMITTEE CODE: Proposal Estimated Total Annual Burden: 392 provide advice and recommendations Review Panel for Materials Research— hours. concerning further NSF support for the Total Annualized capital/startup Materials Research Science and Center. costs: n/a. Engineering Center Site Visit, University Total Annual costs: $10,732. of Colorado (V181338) #1203 AGENDA:

Start End

Day 1 Wednesday, April 11, 2018

7:00 p.m...... 9:00 p.m...... Briefing of Site Visit Team by NSF (Closed).

Day 2 Thursday, April 12, 2018

7:30 a.m...... 8:15 a.m...... Continental Breakfast with MRSEC Participants. 8:15 a.m...... 8:20 a.m...... Break and, If Needed, Equipment Setup/Team Introduction. 8:20 a.m...... 9:10 a.m...... Director’s Overview. 9:10 a.m...... 9:20 a.m...... Discussion 9:20 a.m...... 10:00 a.m...... IRG–1. 10:00 a.m...... 10:10 a.m...... Discussion. 10:10 a.m...... 10:20 a.m...... Break. 10:20 a.m...... 11:00 a.m...... IRG–2. 11:00 a.m...... 11:10 a.m...... Discussion. 11:10 a.m...... 11:35 a.m...... Seeds. 11:35 a.m...... 11:40 a.m...... Discussion. 11:40 a.m...... 12:00 p.m...... Executive Session for Site Visit Team and NSF only (Closed). 12:00 p.m...... 1:00 p.m...... Lunch—Site Visit Team, NSF and Students/Post Docs. 1:00 p.m...... 1:50 p.m...... Education and Outreach, Diversity Plan. 1:50 p.m...... 2:00 p.m...... Discussion. 2:00 p.m...... 2:25 p.m...... Industrial Outreach and Other Collaborations. 2:25 p.m...... 2:30 p.m...... Discussion. 2:30 p.m...... 3:30 p.m...... Facilities Overview and Lab Tour. 3:30 p.m...... 5:00 p.m...... Poster Session. 5:00 p.m...... 6:30 p.m...... Executive Session of Site Visit Team and NSF only: Prepare Ques- tions (Closed). 6:30 p.m...... 6:45 p.m...... Site Visit Team Meets with MRSEC Director and Executive Com- mittee. 7:00 p.m...... 8:30 p.m...... Dinner Meeting for Site Visit Team and NSF only.

Day 3 Friday, April 13, 2018

8:00a.m...... 9:00 a.m...... Executive Session—Director’s Response/Continental Breakfast. 9:00 a.m...... 9:30 a.m...... Executive Session of Site Visit Team (Closed). 9:30 a.m...... 9:50 a.m...... Executive Session—Meeting with University Administrators. 9:50 a.m...... 10:30 a.m...... Executive Session of Site Visit Team (Closed). 10:30 a.m...... 10:50 a.m...... Discussion with MRSEC Director and Executive Committee (if need- ed). 10:50 a.m...... 3:00 p.m...... Executive Session of Site Visit Team—Report Writing (working lunch). 3:00 p.m...... 3:15 p.m...... Debriefing with MRSEC Director and Executive Committee. 3:15 p.m...... End of the Site Visit.

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REASON FOR CLOSING: The work being Dated: March 12, 2018. advisory committee that typically meets reviewed during the site visit include Crystal Robinson, twice a year to review and provide information of a proprietary or Committee Management Officer. advice on program management; discuss confidential nature, including technical [FR Doc. 2018–05261 Filed 3–14–18; 8:45 am] current issues; and review and provide information; financial data, such as BILLING CODE 7555–01–P advice on the impact of policies, salaries and personal information programs, and activities in the concerning individuals associated with disciplines and fields encompassed by the proposals. These matters are exempt NATIONAL SCIENCE FOUNDATION the Directorate or Office. In addition to under 5 U.S.C. 552b(c), (4) and (6) of the Directorate and Office advisory Government in the Sunshine Act. Request for Recommendations for committees, NSF has several Membership on Directorate and Office Dated: March 12, 2018. committees that provide advice and Advisory Committees Crystal Robinson, recommendations on specific topics including: Astronomy and astrophysics; Committee Management Officer. ACTION: Notice. environmental research and education; [FR Doc. 2018–05260 Filed 3–14–18; 8:45 am] SUMMARY: The National Science equal opportunities in science and BILLING CODE 7555–01–P Foundation (NSF) requests engineering; cyberinfrastructure; recommendations for membership on its international science and engineering; and business and operations. NATIONAL SCIENCE FOUNDATION scientific and technical Federal advisory committees. Recommendations should A primary consideration when Committee Management; Renewals consist of the name of the submitting formulating committee membership is individual, the organization or the recognized knowledge, expertise, or The NSF management officials having affiliation providing the member demonstrated ability.1 Other factors that responsibility for three advisory nomination, the name of the may be considered are balance among committees listed below have recommended individual, the diverse institutions, regions, and groups determined that renewing these groups recommended individual’s curriculum underrepresented in science, for another two years is necessary and vita, an expression of the individual’s technology, engineering, and in the public interest in connection with interest in serving, and the following mathematics. Committee members serve the performance of duties imposed upon recommended individual’s contact for varying term lengths, depending on the Director, National Science information: Employment address, the nature of the individual committee. Foundation (NSF), by 42 U.S.C. 1861 et telephone number, fax number, and Although we welcome the seq. This determination follows email address. Self-recommendations recommendations we receive, we regret consultation with the Committee are accepted. If you would like to make that NSF will not be able to Management Secretariat, General a membership recommendation for any acknowledge or respond positively to Services Administration. of the NSF scientific and technical each person who contacts NSF or has Committees Federal advisory committees, please been recommended. NSF intends to send your recommendation to the publish a similar notice to this on an Advisory Committee for Environmental appropriate committee contact person annual basis. NSF will keep Research and Education, #9487 listed in the chart below. recommendations active for 12 months Proposal Review Panel for Industrial ADDRESSES: The mailing address for the from the date of receipt. Innovations and Partnerships, #28164 National Science Foundation is 2415 The chart below is a listing of the Proposal Review Panel for Emerging Eisenhower Avenue, Alexandria, VA committees seeking recommendations Frontiers and Multidisciplinary 22314. for membership. Recommendations Activities #34558 Web links to individual committee should be sent to the contact person Effective date for renewal is March 2, information may be found on the NSF identified below. The chart contains 2018. For more information, please website: NSF Advisory Committees. web addresses where additional contact Crystal Robinson, NSF, at (703) SUPPLEMENTARY INFORMATION: Each information about individual 292–8687. Directorate and Office has an external committees is available.

Advisory committee Contact person

Advisory Committee for Biological Sciences, https://www.nsf.gov/bio/ Brent Miller, Directorate for Biological Sciences; phone: (703) 292– advisory.jsp. 8400; email: [email protected]; fax: (703) 292–2988. Advisory Committee for Computer and Information Science and Engi- Brenda Williams, Directorate for Computer and Information Science neering, https://www.nsf.gov/cise/advisory.jsp. and Engineering; phone: (703) 292–4554; email: [email protected]; fax: (703) 292–9074. Advisory Committee for Cyberinfrastructure, https://www.nsf.gov/cise/ Brittany Quade, Division of Advanced Cyberinfrastructure; phone: (703) aci/advisory.jsp. 292–4675; email: [email protected]; fax: (703) 292–9060. Advisory Committee for Education and Human Resources, https:// Keaven Stevenson, Directorate for Education and Human Resources; www.nsf.gov/ehr/advisory.jsp. phone: (703) 292–8600; email: [email protected]; fax: (703) 292– 9179. Advisory Committee for Engineering, https://www.nsf.gov/eng/ Cecile Gonzalez, Directorate for Engineering; phone: (703) 292–8300; advisory.jsp. email: [email protected]; fax: (703) 292–9467. Advisory Committee for Geosciences, https://www.nsf.gov/geo/ Melissa Lane, Directorate for Geosciences: phone: (703) 292–8500; advisory.jsp. email: [email protected]; fax: (703) 292–9042. Advisory Committee for International Science and Engineering, https:// Roxanne Nikolaus, Office of International Science and Engineering, www.nsf.gov/od/oise/advisory.jsp. phone: (703) 292–7578; email: [email protected]; fax: (703) 292– 9067.

1 Federally registered lobbyists are not eligible for appointment to these Federal advisory committees.

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Advisory committee Contact person

Advisory Committee for Mathematical and Physical Sciences, https:// Christopher Coox, Directorate for Mathematical and Physical Sciences; www.nsf.gov/mps/advisory.jsp. phone: (703) 292–5137; email: [email protected]; fax: (703) 292–9151. Advisory Committee for Social, Behavioral & Economic Sciences, Deborah Olster, Directorate for Social, Behavioral & Economic https://www.nsf.gov/sbe/advisory.jsp. Sciences; phone: (703) 292–8700; email: [email protected]; fax: (703) 292–9083. Advisory Committee for Polar Programs, https://www.nsf.gov/geo/opp/ Andrew Backe, Office of Polar Programs; phone: (703) 292–2454; advisory.jsp. email: [email protected]; fax: (703) 292–9081. Committee on Equal Opportunities in Science and Engineering, https:// Bernice Anderson, Office of Integrative Activities; phone: (703) 292– www.nsf.gov/od/oia/activities/ceose/. 8040; email: [email protected]; fax: (703) 292–9040. Advisory Committee for Business and Operations, https://www.nsf.gov/ Jeffrey Rich, Office of Information and Resource Management; phone: oirm/bocomm/. (703) 292–8100; email: [email protected]; fax: (703) 292–9369. Advisory Committee for Environmental Research and Education, Leah Nichols, Office of Integrative Activities; phone: (703) 292–8040; https://www.nsf.gov/ere/ereweb/advisory.jsp. email: [email protected]; fax: (703) 292–9040. Astronomy and Astrophysics Advisory Committee, https://www.nsf.gov/ Elizabeth Pentecost, Division of Astronomical Sciences; phone: (703) mps/ast/aaac.jsp. 292–4907; email: [email protected]; fax: (703) 292–9452.

Dated: March 12, 2018. Foundation (NSF) announces the CONTACT PERSON: Dr. Daniele Finotello, Crystal Robinson, following meeting: Program Director, Materials Research Committee Management Officer. NAME AND COMMITTEE CODE: Proposal Science and Engineering Center, [FR Doc. 2018–05262 Filed 3–14–18; 8:45 am] Review Panel for Materials Research— MRSEC. Division of Materials Research, BILLING CODE 7555–01–P Materials Research Science and Room E 9475, National Science Engineering Center Site Visit, University Foundation, 2415 Eisenhower Avenue, of Nebraska (V181336) #1203 Alexandria, VA 22314; Telephone (703) NATIONAL SCIENCE FOUNDATION DATE AND TIME: 292–4676. April 8, 2018; 7:00 p.m.–9:00 p.m. Proposal Review Panel for Materials April 9, 2018; 7:30 a.m.–8:30 p.m. PURPOSE OF MEETING: NSF site visit to Research; Notice of Meeting April 10, 2018: 8:00 a.m.–3:15 p.m. provide advice and recommendations concerning further NSF support for the In accordance with the Federal PLACE: University of Nebraska, 3835 Center. Advisory Committee Act (Pub., L. 92– Holdrege Street, Lincoln, NE 68583 463 as amended), the National Science TYPE OF MEETING: Part-Open AGENDA:

Start End

Day 1 Sunday, April 8, 2018

7:00 p.m...... 9:00 p.m...... Briefing of Site Visit Team by NSF (Closed).

Day 2 Monday, April 9, 2018

7:30 a.m...... 8:15 a.m...... Continental Breakfast with MRSEC Participants. 8:15 a.m...... 8:20 a.m...... Break and, If Needed, Equipment Setup/Team Introduction. 8:20 a.m...... 9:10 a.m...... Director’s Overview. 9:10 a.m...... 9:20 a.m...... Discussion. 9:20 a.m...... 10:00 a.m...... IRG–1. 10:00 a.m...... 10:10 a.m...... Discussion. 10:10 a.m...... 10:20 a.m...... Break 10:20 a.m...... 11:00 a.m...... IRG–2. 11:00 a.m...... 11:10 a.m...... Discussion. 11:10 a.m...... 11:35 a.m...... Seeds. 11:35 a.m...... 11:40 a.m...... Discussion. 11:40 a.m...... 12:00 p.m...... Executive Session for Site Visit Team and NSF only (Closed). 12:00 p.m...... 1:00 p.m...... Lunch—Site Visit Team, NSF and Students/Post Docs. 1:00 p.m...... 1:50 p.m...... Education and Outreach, Diversity Plan. 1:50 p.m...... 2:00 p.m...... Discussion. 2:00 p.m...... 2:25 p.m...... Industrial Outreach and Other Collaborations. 2:25 p.m...... 2:30 p.m...... Discussion. 2:30 p.m...... 3:30 p.m...... Facilities Overview and Lab Tour. 3:30 p.m...... 5:00 p.m...... Poster Session. 5:00 p.m...... 6:30 p.m...... Executive Session of Site Visit Team and NSF only: Prepare Ques- tions (Closed). 6:30 p.m...... 6:45 p.m...... Site Visit Team Meets with MRSEC Director and Executive Com- mittee. 7:00 p.m...... 8:30 p.m...... Dinner Meeting for Site Visit Team and NSF only.

Day 2 Tuesday, April 10 2018

8:00a.m...... 9:00 a.m...... Executive Session—Director’s Response/Continental Breakfast. 9:00 a.m...... 9:30 a.m...... Executive Session of Site Visit Team (Closed). 9:30 a.m...... 9:50 a.m...... Executive Session—Meeting with University Administrators. 9:50 a.m...... 10:30a.m...... Executive Session of Site Visit Team (Closed).

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Start End

10:30a.m...... 10:50a.m...... Discussion with MRSEC Director and Executive Committee (if need- ed). 10:50a.m...... 3:00 p.m...... Executive Session of Site Visit Team—Report Writing (working lunch). 3:00 p.m...... 3:15 p.m...... Debriefing with MRSEC Director and Executive Committee. 3:15 p.m...... End of the Site Visit.

REASON FOR CLOSING: The work being and the necessity to proceed with the 1:00 p.m.–1:30 p.m. Presentation of reviewed during the site visit include review of proposals. Site Visit Report to Principal information of a proprietary or Reason for Closing: Topics to be Investigator (CLOSED) confidential nature, including technical discussed and evaluated during closed [FR Doc. 2018–05275 Filed 3–14–18; 8:45 am] information; financial data, such as portions of the site review will include BILLING CODE 7555–01–P salaries and personal information information of a proprietary or concerning individuals associated with confidential nature, including technical the proposals. These matters are exempt information; and information on POSTAL SERVICE under 5 U.S.C. 552b(c), (4) and (6) of the personnel. These matters are exempt Government in the Sunshine Act. under 5 U.S.C. 552b(c), (4) and (6) of the Product Change—Priority Mail Negotiated Service Agreement Dated: March 12, 2018. Government in the Sunshine Act. Crystal Robinson, Dated: March 12, 2018. AGENCY: Postal Service TM. Committee Management Officer. Crystal Robinson, ACTION: Notice. [FR Doc. 2018–05259 Filed 3–14–18; 8:45 am] Committee Management Officer. SUMMARY: The Postal Service gives BILLING CODE 7555–01–P PIRE Site Visit Agenda—Anagnostou notice of filing a request with the Postal UCONN Regulatory Commission to add a NATIONAL SCIENCE FOUNDATION Day 1 Monday, April 2, 2018 domestic shipping services contract to the list of Negotiated Service 8:00 a.m.–10 a.m. Introductions Agreements in the Mail Classification Proposal Review Panel for (OPEN) PIRE Rationale and Goals Schedule’s Competitive Products List. International Science and Engineering; Administration, Management, and Notice of Meeting Budget Plans Review of Responses DATES: Date of required notice: March 15, 2018. In accordance with the Federal to Issues by Past Reviewers FOR FURTHER INFORMATION CONTACT: Advisory Committee Act (Pub. L. 92– 10:00 a.m.–10:20 a.m. NSF Executive Elizabeth A. Reed, 202–268–3179. 463, as amended), the National Science Session/Break (CLOSED) 10:20 a.m.–Noon Research Facilities SUPPLEMENTARY INFORMATION: The Foundation (NSF) announces the ® following meeting: and Physical Infrastructure United States Postal Service hereby Noon–12:30 p.m. NSF Executive Name and Committee Code: Proposal gives notice that, pursuant to 39 U.S.C. Session (CLOSED) 3642 and 3632(b)(3), on March 9, 2018, Review Panel for International Science 12:30 p.m.–1:30 p.m. Lunch— and Engineering—PIRE ‘‘Taming Water it filed with the Postal Regulatory Discussion with Students (OPEN) Commission a USPS Request to Add in Ethiopia: An Interdisciplinary 1:30 p.m.–3:00 p.m. Integrating Approach to Improve Human Security Priority Mail Contract 423 to Research and Education Developing Competitive Product List. Documents in a Water-Dependent Emerging Region’’ Human Resources Integrating Site Visit (#10749). are available at www.prc.gov, Docket Diversity Nos. MC2018–128, CP2018–178. Date and Time: 3:00 p.m.–3:30 p.m. NSF Executive April 2, 2018; 8:00 a.m.–9:30 p.m. Session/Break (CLOSED) Elizabeth A. Reed, April 3, 2018; 8:00 a.m.–1:30 p.m. 3:30 p.m.–4:15 p.m. Partnerships Attorney, Corporate and Postal Business Law. Place: University of Connecticut— 4:15 p.m.–5:15 p.m. Wrap up [FR Doc. 2018–05222 Filed 3–14–18; 8:45 am] 5:15 p.m.–6:15 p.m. Executive Storrs, Department of Civil and BILLING CODE 7710–12–P Environmental Engineering, Castleman Session/Break-Develop issues for Building, 161 Glenbrook Road, Storrs, clarification (CLOSED) 6:15 p.m.–6:30 p.m. Critical Feedback CT 06269. POSTAL SERVICE Provided to PI Type of Meeting: Part Open. 6:30 p.m.–9:30 p.m. NSF Executive Product Change—Priority Mail Contact Person: Charles Estabrook, Session/Working Dinner (CLOSED) Negotiated Service Agreement PIRE Program Manager, National Committee organizes on its own Science Foundation, 2415 Eisenhower AGENCY: Postal ServiceTM. Avenue, Alexandria, Virginia 22314; Day 2 Tuesday, April 3, 2018 ACTION: Notice. Telephone 703–292–7222. 8:00 a.m.–9:00 a.m. Institutional Purpose of Meeting: NSF site visit to Support (Administrators and PI/Co- SUMMARY: The Postal Service gives conduct a review during year 2 of the PIs) (CLOSED) notice of filing a request with the Postal five-year award period. To conduct an 9:00 a.m.–10:00 a.m. Summary/ Regulatory Commission to add a in depth evaluation of performance, to Proposing Team Response to domestic shipping services contract to assess progress towards goals, and to Critical Feedback (CLOSED) the list of Negotiated Service provide recommendations. 10:00 a.m.–1:00 p.m. Site Review Agreements in the Mail Classification Agenda: See attached. Team Prepares Site Visit Report Schedule’s Competitive Products List. Reason for Late Notice: Due to (CLOSED) (Working Lunch DATES: Date of required notice: March unforeseen scheduling complications Provided) 15, 2018.

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FOR FURTHER INFORMATION CONTACT: SECURITIES AND EXCHANGE include the Standard European Senior Elizabeth A. Reed, 202–268–3179. COMMISSION Non-Preferred Financial Corporate transaction type as an Eligible STEFC SUPPLEMENTARY INFORMATION: The [Release No. 34–82853; File No. SR–ICC– 5 ® 2018–001] Reference Entity to be cleared by ICC. United States Postal Service hereby ICC also proposed amending Rule gives notice that, pursuant to 39 U.S.C. Self-Regulatory Organizations; ICE 26H–102 to state that for a STEFC 3642 and 3632(b)(3), on March 9, 2018, Clear Credit LLC; Order Approving Reference Entity where the transaction it filed with the Postal Regulatory Proposed Rule Change Relating to the type is the Standard European Senior Commission a USPS Request to Add ICC Rules, ICC Risk Management Non-Preferred Financial Corporate, the Priority Mail Contract 424 to Model Description Document, ICC Risk STEFC Contracts Reference Obligation Competitive Product List. Documents Management Framework, ICC Stress shall be determined in accordance with are available at www.prc.gov, Docket Testing Framework, and ICC Liquidity the Additional Provisions for Senior Nos. MC2018–130, CP2018–180. Risk Management Framework Non-Preferred Reference Obligations as published by the International Swaps Elizabeth A. Reed, March 12, 2018. and Derivatives Association. In Attorney, Corporate and Postal Business Law. I. Introduction addition, ICC proposed to incorporate [FR Doc. 2018–05224 Filed 3–14–18; 8:45 am] certain conforming changes to Rule BILLING CODE 7710–12–P On January 16, 2018, ICE Clear Credit 26H–303 and Rule 26H–315 to add LLC (‘‘ICC’’) filed with the Securities references to the new transaction type.6 and Exchange Commission POSTAL SERVICE (‘‘Commission’’), pursuant to Section B. Changes to ICC Risk Management 19(b)(1) of the Securities Exchange Act Methodology Product Change—Priority Mail Express of 1934 (‘‘Act’’),1 and Rule 19b–4 As currently constructed, ICC’s risk and Priority Mail Negotiated Service thereunder,2 a proposed rule change management methodology takes into Agreement (SR–ICC–2018–001) to revise: (i) ICC’s consideration the potential losses Clearing Rules to support the clearing of associated with idiosyncratic credit AGENCY: Postal Service TM. a new transaction type; and (ii) the ICC events, which ICC refers to as ‘‘Loss- Risk Management Model Description Given Default’’ or ‘‘LGD.’’ ICC deems ACTION: Notice. Document, the ICC Risk Management each Single Name (‘‘SN’’) reference Framework, the ICC Stress Testing entity a Risk Factor, and each SUMMARY: The Postal Service gives Framework, and the ICC Liquidity Risk combination of definition, doc-clause, notice of filing a request with the Postal Management Framework to incorporate tier, and currency for a given SN Risk Regulatory Commission to add a certain modifications to its risk Factor as a SN Risk Sub-Factor. ICC domestic shipping services contract to management methodology.3 The currently measures losses associated the list of Negotiated Service proposed rule change was published for with credit events through a stress- Agreements in the Mail Classification comment in the Federal Register on based approach incorporating three Schedule’s Competitive Products List. January 26, 2018.4 The Commission did recovery rate scenarios: A minimum not receive comments on the proposed recovery rate, an expected recovery rate, DATES: Date of required notice: March rule change. For the reasons discussed and maximum recovery rate. ICC 15, 2018. below, the Commission is approving the combines exposures for Outright and FOR FURTHER INFORMATION CONTACT: proposed rule change. index-derived Risk Sub-Factors at each recovery rate scenario.7 Elizabeth A. Reed, 202–268–3179. II. Description of the Proposed Rule ICC currently uses the results from the SUPPLEMENTARY INFORMATION: The Change ® recovery rate scenarios as an input into United States Postal Service hereby ICC proposed revisions to its Rules, the Profit/Loss-Given-Default (‘‘P/LGD’’) gives notice that, pursuant to 39 U.S.C. Risk Management Model Description calculations at both the Risk Sub-Factor 3642 and 3632(b)(3), on March 9, 2018, Document, Risk Management and Risk Factor levels. For each Risk it filed with the Postal Regulatory Framework, Stress Testing Framework, Sub-Factor, ICC calculates the P/LGD as Commission a USPS Request to Add and Liquidity Risk Management the worst credit event outcome, and for Priority Mail Express & Priority Mail Framework in order to provide for the each Risk Factor, ICC calculates the P/ Contract 62 to Competitive Product List. clearing of a new transaction type, the LGD as the sum of the worst credit Documents are available at Standard European Senior Non- outcomes per Risk Sub-Factor. These www.prc.gov, Docket Nos. MC2018–129, Preferred Financial Corporate, and to final P/LGD results are used as part of CP2018–179. provide for revised risk management the determination of risk requirements.8 practices. ICC proposed changes to its LGD Elizabeth A. Reed, framework at the Risk Factor level with A. Changes to ICC Rules Attorney, Corporate and Postal Business Law. respect to the LGD calculation. [FR Doc. 2018–05223 Filed 3–14–18; 8:45 am] ICC proposed amending Rule 26H– Specifically, ICC proposed a change to BILLING CODE 7710–12–P 102, which sets forth the List of Eligible its approach by incorporating more Standard European Financial Corporate consistency in the calculation of the P/ (‘‘STEFC’’) Reference Entities, to LGD by using the same recovery rate scenarios applied to the different Risk 1 15 U.S.C. 78s(b)(1). Sub-Factors which are part of the 2 17 CFR 240.19b–4. considered Risk Factor. For each Risk 3 Capitalized terms used in this order, but not defined herein, have the same meaning as in the ICC Clearing Rules. 5 Notice, 82 FR at 3821. 4 Securities Exchange Act Release No. 34–82542 6 Id. (January 19, 2018), 83 FR 3821 (January 26, 2018) 7 Id. (SR–ICC–2018–001) (‘‘Notice’’). 8 Id.

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Factor, ICC would continue to calculate In addition to these changes, ICC also calculation for the Specific Wrong Way an ‘‘extreme outcome’’ as the sum of the proposed changes to various Risk component of the Guaranty Fund. worst Risk Sub-Factor P/LGDs across all components of its Risk Management Currently, for a given Clearing scenarios and would also, for each Risk Model Description Document. Participant, the Specific Wrong Way Factor, calculate an ‘‘expected outcome’’ Specifically, the ‘‘Loss Given Default Risk component of the Guaranty Fund is as the worst sum of all the Risk Sub- Risk Analysis’’ section of its Risk based on self-referencing positions Factors P/LGDs across all of the same Management Model Description arising from one or more Risk Factors. scenarios. Under the proposed changes, Document would be changed to ICC proposed clarifying this approach to ICC would then combine the results of incorporate the Risk Factor and Risk be based on the Risk Factor Group level the ‘‘extreme outcome’’ calculation and Factor Group LGD calculation changes instead.17 the ‘‘expected outcome’’ calculation to described above. ICC also proposed ICC proposed certain conforming compute the total LGD for each Risk certain conforming changes to other changes to its Risk Management Factor.9 ICC proposed to apply a weight sections of the Risk Management Framework, Liquidity Risk Management of 25% to the extreme outcome Description Document to incorporate Framework, and Stress Testing component in order to implement these methodology changes and reflect Framework, to reflect the LGD certain requirements of relevant the Risk Factor Group analysis.13 enhancements described above. With regulatory technical standards arising ICC also proposed further changes respect to the Risk Management under the European Market with respect to the ‘Idiosyncratic Jump- Framework, ICC proposed revisions to Infrastructure Regulation.10 to-Default Requirements’ section of the the ‘‘Jump-to-Default Requirements’’ ICC also proposed to expand its LGD Risk Management Model Description section to note that the worst LGD analysis to incorporate a new ‘‘Risk document. As currently constructed, the associated with a Risk Factor Group is Factor Group’’ level. Under the portfolio jump-to-default approach selected to establish the portfolio proposed changes, a set of related Risk collateralizes the worst uncollateralized idiosyncratic JTD requirement. ICC also Factors would form a Risk Factor Group LGD (‘‘ULGD’’) exposure among all Risk proposed revisions to the ‘‘Guaranty based on either (1) having a common Factors. Under the proposed changes, Fund’’ section of the Risk Management majority parental sovereign ownership the portfolio Jump-to-Default (‘‘JTD’’) Framework to reflect the Risk Factor (e.g. quasi-sovereigns and sovereigns), approach will collateralize, through the Group LGD enhancements related to or (2) being a majority owned subsidiary portfolio JTD initial margin requirement ICC’s Guaranty Fund calculation.18 of a common parent entity according to that accounts for the Risk Factor Group- Regarding its Stress Testing the Bloomberg Related Securities specific LGD collateralization, the worst Framework, ICC proposed changes to its Analysis. ICC noted that a Risk Factor ULGD exposure among all Risk Factor stress testing methodology to Group could consist of only one Risk Groups. The ULGD exposure for a given incorporate reference entity group level Factor.11 Risk Factor Group would be calculated changes (also referred to by ICC as the Under the proposed revisions, ICC as a sum of the associated Risk Factor Risk Factor Group level). Currently, ICC would calculate the total quantity LGD ULGDs.14 utilizes scenarios based on on a Risk Factor Group level, and ICC also proposed certain minor edits hypothetically constructed (forward account for the exposure due to credit to the ‘‘Portfolio Level Wrong-Way Risk looking) extreme but plausible market events associated with the reference and Contagion Risk Analysis’’ section to scenarios augmented with adverse entities within a given Risk Factor update language and calculation credit events affecting up to two Group. Where a Risk Factor Group descriptions to accommodate the additional reference entities per contains only one Risk Factor, ICC introduction of the Risk Factor Group to Clearing Participant affiliate group. ICC would compute the LGD as the risk the ‘‘Idiosyncratic Jump-to-Default proposed expanding its adverse credit exposure due to a credit event for a Requirements’’ section.15 event analysis to include up to two given underlying reference entity. In addition, ICC proposed changes to additional reference entity groups, and Moreover, under the proposed the ‘‘Guaranty Fund Methodology’’ also proposed that the selected Risk approach, ICC would sum the P/LGDs section. ICC’s current Guaranty Fund Factor Group for stress testing purposes for each Risk Factor in a given Risk Methodology includes, among other must contain one or more reference Factor Group, with limited offsets in the things, the assumption that up to three entities displaying a 500 bps or greater event the Risk Factors exhibit positive credit events, different from the ones 1-year end-of-day spread level in order P/LGD. Using the results of the above associated with Clearing Participants, to be subjected to credit events. ICC also calculation, ICC would obtain the Risk occur during the considered risk proposed changes to its reverse stress Factor Group level LGD. The proposed horizon. ICC proposed expanding this testing, general wrong way risk, and approach would also include a approach to the Risk Factor Group level contagion stress testing analyses, to be calculation which allows for the Risk by assuming that credit events at the Risk Factor Group level, and Factor Group level LGD to be attributed associated with up to three Risk Factor proposed removing Risk Factor level to each Risk Factor within the Groups, different from the ones references under its Recovery Rate considered Risk Factor Group.12 associated with the Clearing Sensitivity analysis to be consistent Participants and the Risk Factors that with the proposed changes related to 9 Id. at 3821–22. are in the Risk Factor Groups as the Risk Factor Groups.19 10 See Commission Delegated Regulation (EU) No Finally, with respect to ICC’s 153/2013 supplementing Regulation (EU) No 648/ Clearing Participants, occur during the 16 2012 of the European Parliament and of the Council considered risk horizon. Liquidity Risk Management Framework, with regard to regulatory technical standards on Other proposed changes to the Risk ICC proposed changes to base the requirements for central counterparties. As a third- Management Model Description liquidity stress testing methodology on country central counterparty recognized by the Document included clarifications to the the reference entity group level (also European Securities and Markets Authority, ICC is subject to the requirements of the European Market referred to as the Risk Factor Group Infrastructure Regulation and associated regulatory 13 Id. technical standards. 14 Id. 17 Id. 11 Notice, 82 FR at 3822. 15 Id. 18 Id. 12 Id. 16 Id. 19 Id.

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level). Currently, ICC utilizes scenarios respect to ICC’s LGD methodology. counterparty services to establish, based on hypothetically constructed These changes entail (i) incorporating a implement, maintain and enforce (forward looking) extreme but plausible more consistent approach with respect written policies and procedures market scenarios augmented with to ICC’s recovery rate scenarios through reasonably designed to use margin adverse credit events affecting up to two the application of the same recovery rate requirements to limit the registered additional reference entities per scenarios to risk factors that form part clearing agency’s credit exposures to Clearing Participant affiliate group. ICC of the same Risk Factor Group, (ii) participants under normal market proposed expanding its adverse credit combining the results of the ‘‘expected’’ conditions and use risk-based models event analysis to include up to two and ‘‘extreme’’ P/LGD outcomes in and parameters to set margin additional reference entity groups. order to calculate the total LGD for each requirements.24 As described above, the Similar to the Stress Testing Risk Factor, (iii) expanding ICC’s LGD proposed changes would (i) amend the Framework, ICC also proposed that the analysis to a new Risk Factor Group manner in which ICC calculates its Risk selected Risk Factor Group for liquidity level, (iv) revising the calculation of the Factor-level LGD, (ii) expand the LGD stress testing purposes must contain one Uncollateralized Loss Given Default to analysis to the Risk Factor Group level, or more reference entities displaying a incorporate the Risk Factor Group level and (iii) amend the approach to 500 bps or greater 1-year end-of-day LGD approach, and (v) modifying ICC’s calculating the Uncollateralized LGD to spread level in order to be subjected to Guaranty Fund Methodology to expand incorporate the Risk Factor Group level credit events. ICC also proposed adding the credit event analysis to include the approach. Specifically, ICC would additional language to the Liquidity Risk Factor Group approach. calculate, for each Risk Factor, an Risk Management Framework detailing Based on a review of the Notice, the extreme outcome as the sum of the the rationale behind the selection of the Commission believes that the Standard worst Risk Sub-factor P/LGDs across all 500 bps threshold to be consistent with European Senior Non-Preferred scenarios, and an expected outcome as its Stress Testing Framework.20 Financial Corporate transaction type is the worst sum of all Risk Sub-factor P/ substantially similar to other contracts LGDs using the same scenarios, and III. Discussion and Commission cleared by ICC. As such, the then add the two components to Findings Commission believes that ICC’s existing determine the total LGD for each Risk Section 19(b)(2)(C) of the Act directs clearing arrangements, and related Factor. the Commission to approve a proposed financial safeguards (including as The LGD analysis would also be rule change of a self-regulatory further modified by the proposed rule modified to group individual Risk organization if it finds that such change), protections and risk Factors into Risk Factor Groups, and proposed rule change is consistent with management procedures will apply to would result in the total LGD being the the requirements of the Act and the this new product on a substantially sum of the P/LGDs for each Risk Factor rules and regulations thereunder similar basis to the other contracts within the Risk Factor Group. The applicable to such organization.21 For currently cleared by ICC. Commission believes that by making the reasons given below, the Moreover, the Commission believes these changes, ICC will augment its Commission finds that the proposal is that the proposed changes to ICC’s risk ability to more accurately consider the consistent with Section 17A(b)(3)(F) of management framework described risks associated with the SBS products the Act, and Rules 17Ad-22(b)(2) and above will enhance the manner by it clears, including the Standard (b)(3). which ICC considers and manages the European Senior Non-Preferred risks particular to the range of contracts Financial Corporate transaction type. A. Consistency With Section it clears, including the new Standard As a result, the Commission believes 17A(b)(3)(F) of the Act European Senior Non-Preferred that the proposed rule changes will Section 17A(b)(3)(F) of the Act Financial Corporate contract, because enable ICC to more accurately determine requires, among other things, that the such changes will enable ICC’s ability to and collect the amount of resources rules of a registered clearing agency be more accurately consider the particular necessary to limit its credit exposures designed to promote the prompt and risks of each type of security-based under normal market conditions, accurate clearance and settlement of swap (‘‘SBS’’) product it clears. including credit exposures resulting securities transactions and, to the extent Therefore, the Commission finds that from clearing the new transaction type, applicable, derivative agreements, the proposed rule change is intended to through the use of risk-based models. contracts, and transactions, to assure the promote the prompt and accurate Therefore the Commission finds that the safeguarding of securities and funds clearance and settlement of securities proposed rule change is consistent with which are in the custody or control of transactions and derivatives agreements, Rule 17Ad–22(b)(2).25 the clearing agency or for which it is contracts, and transactions, as well as to C. Consistency With Rule 17Ad–22(b)(3) responsible and, in general, to protect assure the safeguarding of securities and investors and the public interest.22 The funds which are in the custody or The Commission further finds that the proposed rule change will provide for control of the clearing agency or for proposed rule change is consistent with the clearance and settlement of the which it is responsible and, in general, Rule 17Ad–22(b)(3). Rule 17Ad–22(b)(3) Standard European Senior Non- to protect investors and the public requires, in relevant part, a registered Preferred Financial Corporate, a new interest, and is therefore consistent with clearing agency that performs central type of transaction that is similar to Section 17A(b)(3)(F) of the Act.23 counterparty services for SBS to establish, implement, maintain and contracts already cleared by ICC. B. Consistency With Rule 17Ad–22(b)(2) Separately, as described above, the enforce written policies and procedures proposed rule change would also The Commission further finds that the that are reasonably designed to maintain provide for certain revisions to ICC’s proposed rule change is consistent with sufficient financial resources to risk management methodology with Rule 17Ad–22(b)(2). Rule 17Ad–22(b)(2) withstand, at a minimum, a default by requires, in relevant part, a registered the two participant families to which it 20 Id. clearing agency that performs central 21 15 U.S.C. 78s(b)(2)(C). 24 17 CFR 240.17Ad–22(b)(2). 22 15 U.S.C. 78q–1(b)(3)(F). 23 Id. 25 Id.

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has the largest exposures in extreme but SECURITIES AND EXCHANGE of 1933 (each a ‘‘covered security’’; plausible market conditions.26 As COMMISSION collectively, ‘‘covered securities’’). In described above, the proposed rule particular, the Exchange proposes to [Release No. 34–82852; File No. SR– change would amend certain NYSEAMER–2018–09] modify Rule 915, Commentary .01(4)(a), assumptions in ICC’s Guaranty Fund which currently requires that to list an Methodology, and the calculation of the Self-Regulatory Organizations; NYSE option, the underlying covered security Specific Wrong Way Risk component, American LLC; Notice of Filing and has to have a market price of at least by incorporating the new Risk Factor Immediate Effectiveness of Proposed $3.00 per share for the previous five Group level analysis. Specifically, ICC Rule Change To Amend Rule 915 consecutive business days preceding the would expand its current approach to date on which the Exchange submits a assume that credit events used in the March 9, 2018. certificate to the Options Clearing guaranty fund analysis occur at the Risk Pursuant to Section 19(b)(1) 1 of the Corporation (‘‘OCC’’) for listing and Factor Group level, and would also base Securities Exchange Act of 1934 (the trading. The proposal would shorten the the specific wrong-way risk component ‘‘Act’’),2 and Rule 19b–4 thereunder,3 current ‘‘look back’’ period of five of its guaranty fund methodology on the notice is hereby given that on March 6, consecutive business days to three Risk Factor Group approach. 2018, NYSE American LLC (the consecutive business days.4 The As with the changes to the LGD ‘‘Exchange’’ or ‘‘NYSE American’’) filed Exchange does not intend to amend any approach, the Commission believes that with the Securities and Exchange other criteria in Rule 915 and the the proposed changes to ICC’s Guaranty Commission (the ‘‘Commission’’) the accompanying Commentary to list an Fund Methodology will permit ICC to proposed rule change as described in option on the Exchange. This proposed consider the particular risks associated Items I and II below, which Items have rule change is substantively identical to with the products it clears, including been prepared by the self-regulatory a recently-approved rule change by the Standard European Senior Non- organization. The Commission is Nasdaq PHLX LLC (‘‘Phlx’’),5 and would Preferred Financial Corporate publishing this notice to solicit align Exchange listing rules with those transaction type that will be cleared as comments on the proposed rule change of other options markets. a result of the proposed changes to ICC’s from interested persons. The Exchange acknowledges that the Rules described above. As a result, the Options Listing Procedures Plan I. Self-Regulatory Organization’s 6 Commission believes that the proposed Statement of the Terms of the Substance (‘‘OLPP’’) requires that the listing changes will enable ICC’s to more of the Proposed Rule Change certificate be provided to OCC no earlier accurately measure the risks of than 12:01 a.m. and no later than 11:00 The Exchange proposes to amend a.m. (Chicago time) on the trading day associated with the products it clears Rule 915 (Criteria for Underlying and thereby improve ICC’s ability to prior to the day on which trading is to Securities). The proposed rule change is 7 collect and maintain the level of begin. The proposed amendment available on the Exchange’s website at would still comport with that financial resources necessary to address www.nyse.com, at the principal office of the risk of default by its participants. requirement. For example, if an initial the Exchange, and at the Commission’s public offering (‘‘IPO’’) occurs at 11 a.m. Therefore, the Commission finds that Public Reference Room. the proposed rule change is consistent on Monday, the earliest date the with Rule 17Ad–22(b)(3).27 II. Self-Regulatory Organization’s Exchange could submit its listing Statement of the Purpose of, and certificate to OCC would be on IV. Conclusion Statutory Basis for, the Proposed Rule Thursday by 12:01 a.m. (Chicago time), On the basis of the foregoing, the Change with the market price determined by the closing price over the three-day period Commission finds that the proposed In its filing with the Commission, the rule change is consistent with the self-regulatory organization included 4 See proposed Rule 915, Commentary .01(4)(a) requirements of the Act and in statements concerning the purpose of, (providing that the market price per share of an particular with the requirements of and basis for, the proposed rule change covered security is ‘‘at least $3.00 for the previous Section 17A of the Act,28 and Rules and discussed any comments it received three consecutive business days preceding the date 17Ad–22(b)(2) and (3) thereunder.29 on which the Exchange submits a certificate to [the on the proposed rule change. The text OCC] for listing and trading, as measured by the It is therefore ordered pursuant to of those statements may be examined at closing price reported in the primary market in Section 19(b)(2) of the Act 30 that the the places specified in Item IV below. which the underlying security is traded’’). proposed rule change (SR–ICC–2018– The Exchange has prepared summaries, 5 See Securities Exchange Act Release No. 82474 001) be, and hereby is, approved.31 (January 9, 2018), 83 FR 2240 (January 16, 2018) set forth in sections A, B, and C below, (SR–Phlx–2017–75) (Order approving amendment For the Commission, by the Division of of the most significant parts of such to Rule 1009 to modify the criteria for listing an Trading and Markets, pursuant to delegated statements. option on an underlying covered security). authority.32 6 The OLPP (a/k/a the Plan for the Purpose of A. Self-Regulatory Organization’s Developing and Implementing Procedures Designed Eduardo A. Aleman, Statement of the Purpose of, and to Facilitate the Listing and Trading of Assistant Secretary. Statutory Basis for, the Proposed Rule Standardized Options Submitted Pursuant to [FR Doc. 2018–05295 Filed 3–14–18; 8:45 am] Section 11a(2)(3)(B) of the Securities Exchange Act Change of 1934) is a national market system plan that, BILLING CODE 8011–01–P among other things, sets forth procedures governing 1. Purpose the listing of new options series. See Securities 26 17 CFR 240.17Ad–22(b)(3). The purpose of the proposed rule Exchange Act Release No. 44521 (July 6, 2001), 66 27 Id. FR 36809 (July 13, 2001) (Order approving OLPP). change is to amend Rule 915 to modify The sponsors of OLPP include the Exchange; OCC; 28 15 U.S.C. 78q–1. the criteria for listing options on an BATS Exchange, Inc.; BOX Options Exchange LLC; 29 17 CFR 240.17Ad–22(b)(2) and (3). underlying security as defined in C2 Options Exchange, Inc.; Chicago Board Options 30 15 U.S.C. 78s(b)(2). Section 18(b)(1)(A) of the Securities Act Exchange, Inc.; EDGX Exchange, Inc.; Miami 31 In approving the proposed rule change, the International Securities Exchange, LLC; MIAX Commission considered the proposal’s impact on PEARL, LLC; Phlx; Nasdaq BX, Inc.; Nasdaq GEMX, efficiency, competition, and capital formation. 15 1 15 U.S.C. 78s(b)(1). LLC; Nasdaq ISE, LLC; Nasdaq MRX, LLC; and U.S.C. 78c(f). 2 15 U.S.C. 78a. NYSE Arca, Inc. 32 17 CFR 200.30–3(a)(12). 3 17 CFR 240.19b–4. 7 See OLPP at page 3.

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from Monday through Wednesday. The markets not affiliated with the shortened settlement cycle,12 and the option on the IPO would then be Exchange. look back period of three consecutive eligible for trading on the Exchange on In addition, NYSE Regulation business days proposed herein reflects Friday. The proposed amendment operates an array of surveillances to this shortened T+2 settlement period. would essentially enable options trading identify potentially manipulative As proposed, stock trades would clear within four business days of an IPO trading of options on the Exchange and within T+2 of their trade date (i.e., becoming available instead of six its affiliated markets. That surveillance within three business days) and business days (five consecutive days, coverage is initiated once options begin therefore the number of shareholders plus the day the listing certificate is trading on the Exchange or an options could be verified within three business submitted to OCC). exchange affiliated with the Exchange. days, thereby enabling options trading At the time the options industry Accordingly, the Exchange believes that within four business days of an IPO adopted the ‘‘look back’’ period of five the cross-market surveillance performed (three consecutive business days, plus consecutive business days, it was by FINRA on behalf of the Exchange and the day the listing certificate is determined that the five-day period was NYSE Regulation’s own monitoring for submitted to OCC). Furthermore, the Exchange notes that sufficient to protect against attempts to violative activity on the Exchange and it can verify the shareholder count with manipulate the market price of the its affiliated markets comprise a various brokerage firms that have a large underlying security and would provide comprehensive surveillance program 8 retail customer clientele. Such firms can a reliable test for stability. Surveillance that is adequate to monitor for confirm the number of individual technologies and procedures concerning manipulation of options and their customers who have a position in the manipulation have evolved since then underlying equity securities that could new issue. The earliest that these firms to provide adequate prevention or occur during the proposed three-day can provide confirmation is usually the detection of rule or securities law look back period. violations within the proposed time day after the first day of trading (T+1) Furthermore, the Exchange notes that frame, and the Exchange represents that on an unsettled basis, while others can the proposed listing criteria would still its existing trading surveillances are confirm on the third day of trading require that the underlying security be adequate to monitor the trading in the (T+2). The Exchange has confirmed listed on NYSE, the American Stock underlying security and subsequent with some of these brokerage firms who Exchange (now known as NYSE trading of options on the Exchange.9 provide shareholder numbers to the American), or the Nasdaq Global Market Furthermore, the Exchange notes that Exchange that they are able to provide (collectively, the ‘‘Named Markets’’), as the regulatory program operated by and these numbers within T+2 after an IPO. provided for in the definition of overseen by NYSE Regulation includes For the foregoing reasons, the Exchange ‘‘covered security’’ from Section cross-market surveillances designed to believes that basing the proposed three 18(b)(1)(A) of the 1933 Act.10 identify manipulative and other business day look back period on the Accordingly, the Exchange believes that improper trading that may occur on the T+2 settlement cycle would allow for the proposed rule change would still Exchange and other markets. In sufficient verification of the number of ensure that the underlying security particular, the Financial Industry shareholders. meets the high listing standards of a Regulatory Authority (‘‘FINRA’’), The proposed rule change would Named Market, and would also ensure pursuant to a regulatory services apply to all covered securities that meet that the underlying is covered by the agreement and other arrangements, the relevant criteria in Rule 915. regulatory protections (including market operates a range of cross-market equity Pursuant to Rule 915(b), the Exchange’s surveillance, investigation and and options surveillance patterns on Board of Directors (the ‘‘Board’’) enforcement) offered by these exchanges behalf of the Exchange to identify a establishes guidelines to be considered for trading in covered securities variety of potentially manipulative in evaluating the potential underlying conducted on their facilities. securities for Exchange options trading activities. These cross-market 13 patterns incorporate relevant data from The Exchange also believes that the transactions. However, the fact that a the Exchange, its affiliates (including proposed look back period can be particular security may meet the the New York Stock Exchange), and implemented in connection with the standards established by the Board does other initial listing criteria for not necessarily mean that it will be 14 8 See Securities Exchange Act Release Nos. 47190 underlying covered securities. In selected as an underlying security. As (January 15, 2003), 68 FR 3072 (January 22, 2003) particular, the Exchange recognizes that part of the established criteria, the (SR–CBOE–2002–62); 47352 (February 11, 2003), 68 it may be difficult to verify the number issuer must be in compliance with any FR 8319 (February 20, 2003) (SR–PCX–2003–06); applicable requirements of the Act.15 47483 (March 11, 2003), 68 FR 13352 (March 19, of shareholders in the days immediately 2003) (SR–ISE–2003–04); 47613 (April 1, 2003), 68 following an IPO due to the fact that The Exchange believes that these FR 17120 (April 8, 2003) (SR–Amex–2003–19); and stock trades generally clear within two measures, together with its existing 47794 (May 5, 2003), 68 FR 25076 (May 9, 2003) business days (T+2) of their trade date surveillance procedures, provide (SR–Phlx–2003–27). adequate safeguards in the review of any 9 Such surveillance procedures generally focus on and therefore the shareholder count detecting securities trading subject to opening price would generally not be known until 12 manipulation, closing price manipulation, layering, T+2.11 The Exchange notes that the See Securities Exchange Act Release No. 80295 (March 22, 2017), 82 FR 15564 (March 29, 2017) spoofing or other unlawful activity impacting an current T+2 settlement cycle was underlying security, the option, or both. As it (release adopting amendment to securities relates to IPOs, the Exchange has price movement recently reduced from T+3 on transaction settlement cycle) (File No. S7- 22–16). alerts, unusual market activity and order book alerts September 5, 2017 in connection with See also Exchange Act Release No. 78962 (Sep. 28, active for all trading symbols. These real-time the Commission’s amendments to 2016), 81 FR 69240 (Oct. 5, 2016) (release proposing amendment to securities transaction settlement patterns are active for the new security as soon as Exchange Rule 15c6–1(a) to adopt the the IPO begins trading. The NYSE Regulation group, cycle) (File No. S7- 22–16). which provides such real-time surveillance on the 13 See Rule 915(b). The Board established specific Exchange and its affiliated markets, monitors 10 See 15 U.S.C. 77r(b)(1)(A). criteria to consider by the Exchange in evaluating trading activity in IPOs to see whether the new 11 The number of shareholders of record can be potential underlying securities for Exchange option issue moves substantially above or below the public verified from large clearing agencies such as The transactions in its Commentary .01 to Rule 915. offering price in the first day or several days of Depository Trust and Clearing Corporation 14 Id. trading. (‘‘DTCC’’) upon the settlement date (i.e., T+2). 15 See Rule 915, Commentary .01(5).

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covered security that may meet the B. Self-Regulatory Organization’s 30-day operative delay is consistent proposed criteria for consideration of Statement on Burden on Competition with the protection of investors and the the option within the timeframe The Exchange does not believe that public interest. Accordingly, the contained in this proposal. the proposed rule change will impose Commission hereby waives the any burden on competition not operative delay and designates the 2. Statutory Basis 25 necessary or appropriate in furtherance proposal as operative upon filing. The Exchange believes that its of the purposes of the Act. The At any time within 60 days of the proposal is consistent with Section 6(b) filing of the proposed rule change, the 16 proposed rule change reduces the of the Act, in general, and furthers the number of days to list options on an Commission summarily may 17 objectives of Section 6(b)(5) of the Act, underlying security, and is intended to temporarily suspend such rule change if in particular, in that it is designed to bring new options listings to the it appears to the Commission that such promote just and equitable principles of marketplace quicker. action is necessary or appropriate in the trade, to remove impediments to and public interest, for the protection of perfect the mechanism of a free and C. Self-Regulatory Organization’s investors, or otherwise in furtherance of open market and a national market Statement on Comments on the the purposes of the Act. If the system, and, in general to protect Proposed Rule Change Received From Commission takes such action, the investors and the public interest. Members, Participants, or Others Commission shall institute proceedings The Exchange believes that the No written comments were solicited to determine whether the proposed rule proposed changes to its listing standards or received with respect to the proposed should be approved or disapproved. for covered securities would allow the rule change. IV. Solicitation of Comments Exchange to more quickly list options on a qualifying covered security that has III. Date of Effectiveness of the Interested persons are invited to met the $3.00 eligibility price without Proposed Rule Change and Timing for submit written data, views, and sacrificing investor protection. As Commission Action arguments concerning the foregoing, discussed above, the Exchange believes Because the proposed rule change including whether the proposed rule that its existing trading surveillances does not (i) significantly affect the change is consistent with the Act. provide a sufficient measure of protection of investors or the public Comments may be submitted by any of protection against potential price interest; (ii) impose any significant the following methods: manipulation within the proposed three burden on competition; and (iii) become Electronic Comments consecutive business day timeframe. operative for 30 days from the date on • Use the Commission’s internet Furthermore, the established guidelines which it was filed, or such shorter time comment form (http://www.sec.gov/ to be considered by the Exchange in as the Commission may designate, it has become effective pursuant to Section rules/sro.shtml); or evaluating the potential underlying • Send an email to rule-comments@ 19(b)(3)(A) of the Act 20 and Rule 19b– securities for Exchange option sec.gov. Please include File Number SR– transactions,18 together with existing 4(f)(6) thereunder.21 A proposed rule change filed NYSEAMER–2018–09 on the subject trading surveillances, provide adequate line. safeguards in the review of any covered pursuant to Rule 19b–4(f)(6) under the security that may meet the proposed Act 22 normally does not become Paper Comments criteria for consideration of the option operative for 30 days after the date of its • 23 Send paper comments in triplicate within the proposed timeframe. filing. However, Rule 19b–4(f)(6)(iii) to Secretary, Securities and Exchange In addition, the Exchange believes permits the Commission to designate a Commission, 100 F Street NE, that basing the proposed timeframe on shorter time if such action is consistent Washington, DC 20549–1090. the T+2 settlement cycle adequately with the protection of investors and the public interest. The Exchange has asked All submissions should refer to File addresses the potential difficulties in Number SR–NYSEAMER–2018–09. This confirming the number of shareholders the Commission to waive the 30-day operative delay so that the proposed file number should be included on the of the underlying covered security. subject line if email is used. To help the Having some of the largest brokerage rule change may become effective and operative upon filing. The Exchange Commission process and review your firms that provide these shareholder comments more efficiently, please use counts to the Exchange confirm that states that waiver of the operative delay would be consistent with the protection only one method. The Commission will they are able to provide these numbers post all comments on the Commission’s within T+2 further demonstrates that of investors and the public interest because it would allow the Exchange to internet website (http://www.sec.gov/ the 2,000 shareholder requirement can rules/sro.shtml). Copies of the be sufficiently verified within the implement the modified rule, which aligns with the rules of other options submission, all subsequent proposed timeframe. For the foregoing 24 amendments, all written statements reasons, the Exchange believes that the exchanges, without delay. The Commission believes that waiving the with respect to the proposed rule proposed amendments will remove and change that are filed with the perfect the mechanism of a free and that may be subject to a lock-up or other restrictions Commission, and all written open market and a national market on trading related securities. communications relating to the system by providing an avenue for 20 15 U.S.C. 78s(b)(3)(A). proposed rule change between the investors to swiftly hedge their 21 17 CFR 240.19b–4(f)(6). As required under Rule Commission and any person, other than investment in the stock in a shorter 19b–4(f)(6)(iii), the Exchange provided the those that may be withheld from the Commission with written notice of its intent to file amount of time than what is currently public in accordance with the 19 the proposed rule change, along with a brief in place. description and the text of the proposed rule provisions of 5 U.S.C. 552, will be change, at least five business days prior to the date 16 15 U.S.C. 78f(b). of filing of the proposed rule change, or such 25 For purposes only of waiving the 30-day 17 15 U.S.C. 78f(b)(5). shorter time as designated by the Commission. operative delay, the Commission has also 18 See supra notes 13–15. 22 17 CFR 240.19b–4(f)(6). considered the proposed rule’s impact on 19 This proposed rule change does not alter any 23 17 CFR 240.19b–4(f)(6)(iii). efficiency, competition, and capital formation. See obligations of issuers or other investors of an IPO 24 See supra note 5. 15 U.S.C. 78c(f).

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available for website viewing and the Exchange, and at the Commission’s (‘‘OLPP’’) 6 requires that the listing printing in the Commission’s Public Public Reference Room. certificate be provided to OCC no earlier Reference Room, 100 F Street NE, than 12:01 a.m. and no later than 11:00 II. Self-Regulatory Organization’s Washington, DC 20549 on official a.m. (Chicago time) on the trading day Statement of the Purpose of, and business days between the hours of prior to the day on which trading is to Statutory Basis for, the Proposed Rule 10:00 a.m. and 3:00 p.m. Copies of such begin.7 The proposed amendment Change filing also will be available for would still comport with that inspection and copying at the principal In its filing with the Commission, the requirement. For example, if an initial office of the Exchange. All comments self-regulatory organization included public offering (‘‘IPO’’) occurs at 11 a.m. received will be posted without change. statements concerning the purpose of, on Monday, the earliest date the Persons submitting comments are and basis for, the proposed rule change Exchange could submit its listing cautioned that we do not redact or edit and discussed any comments it received certificate to OCC would be on personal identifying information from on the proposed rule change. The text Thursday by 12:01 a.m. (Chicago time), comment submissions. You should of those statements may be examined at with the market price determined by the submit only information that you wish the places specified in Item IV below. closing price over the three-day period to make available publicly. All The Exchange has prepared summaries, from Monday through Wednesday. The submissions should refer to File set forth in sections A, B, and C below, option on the IPO would then be Number SR–NYSEAMER–2018–09, and of the most significant parts of such eligible for trading on the Exchange on should be submitted on or before April statements. Friday. The proposed amendment 5, 2018. would essentially enable options trading A. Self-Regulatory Organization’s For the Commission, by the Division of within four business days of an IPO Trading and Markets, pursuant to delegated Statement of the Purpose of, and becoming available instead of six authority.26 Statutory Basis for, the Proposed Rule business days (five consecutive days, Eduardo A. Aleman, Change plus the day the listing certificate is Assistant Secretary. submitted to OCC). 1. Purpose At the time the options industry [FR Doc. 2018–05210 Filed 3–14–18; 8:45 am] The purpose of the proposed rule adopted the ‘‘look back’’ period of five BILLING CODE 8011–01–P change is to amend Rule 5.3–O to consecutive business days, it was modify the criteria for listing options on determined that the five-day period was sufficient to protect against attempts to SECURITIES AND EXCHANGE an underlying security as defined in manipulate the market price of the COMMISSION Section 18(b)(1)(A) of the Securities Act of 1933 (each a ‘‘covered security’’; underlying security and would provide 8 [Release No. 34–82851; File No. SR– collectively, ‘‘covered securities’’). In a reliable test for stability. Surveillance NYSEArca–2018–16] particular, the Exchange proposes to technologies and procedures concerning modify Rule 5.3–(a)(4)(A), which manipulation have evolved since then Self-Regulatory Organizations; NYSE currently requires that to list an option, to provide adequate prevention or Arca, Inc.; Notice of Filing and the underlying covered security has to detection of rule or securities law Immediate Effectiveness of Proposed have a market price of at least $3.00 per violations within the proposed time Rule Change To Amend Rule 5.3–O share for the previous five consecutive frame, and the Exchange represents that business days preceding the date on its existing trading surveillances are March 9, 2018. adequate to monitor the trading in the Pursuant to Section 19(b)(1) 1 of the which the Exchange submits a certificate to the Options Clearing underlying security and subsequent Securities Exchange Act of 1934 (the trading of options on the Exchange.9 ‘‘Act’’),2 and Rule 19b–4 thereunder,3 Corporation (‘‘OCC’’) for listing and trading. The proposal would shorten the notice is hereby given that on March 6, 6 current ‘‘look back’’ period of five The OLPP (a/k/a the Plan for the Purpose of 2018, NYSE Arca, Inc. (the ‘‘Exchange’’ Developing and Implementing Procedures Designed or ‘‘NYSE Arca’’) filed with the consecutive business days to three to Facilitate the Listing and Trading of consecutive business days.4 The Standardized Options Submitted Pursuant to Securities and Exchange Commission Section 11a(2)(3)(B) of the Securities Exchange Act (the ‘‘Commission’’) the proposed rule Exchange does not intend to amend any other criteria in Rule 5.3–O. This of 1934) is a national market system plan that, change as described in Items I and II among other things, sets forth procedures governing below, which Items have been prepared proposed rule change is substantively the listing of new options series. See Securities by the self-regulatory organization. The identical to a recently-approved rule Exchange Act Release No. 44521 (July 6, 2001), 66 5 FR 36809 (July 13, 2001) (Order approving OLPP). Commission is publishing this notice to change by Nasdaq PHLX LLC (‘‘Phlx’’), and would align Exchange listing rules The sponsors of OLPP include the Exchange; OCC; solicit comments on the proposed rule BATS Exchange, Inc.; BOX Options Exchange LLC; change from interested persons. with those of other options markets. C2 Options Exchange, Inc.; Chicago Board Options The Exchange acknowledges that the Exchange, Inc.; EDGX Exchange, Inc.; Miami International Securities Exchange, LLC; MIAX I. Self-Regulatory Organization’s Options Listing Procedures Plan Statement of the Terms of the Substance PEARL, LLC; Phlx; Nasdaq BX, Inc.; Nasdaq GEMX, LLC; Nasdaq ISE, LLC; Nasdaq MRX, LLC; and of the Proposed Rule Change 4 See proposed Rule 5.3–O(a)(4)(A) (providing NYSE American LLC. The Exchange proposes to amend that the market price per share of an covered 7 See OLPP at page 3. Rule 5.3–O (Criteria for Underlying security is ‘‘at least $3.00 for the previous three 8 See Securities Exchange Act Release Nos. 47190 consecutive business days preceding the date on (January 15, 2003), 68 FR 3072 (January 22, 2003) Securities). The proposed rule change is which the Exchange submits a certificate to [the (SR–CBOE–2002–62); 47352 (February 11, 2003), 68 available on the Exchange’s website at OCC] for listing and trading, as measured by the FR 8319 (February 20, 2003) (SR–PCX–2003–06); www.nyse.com, at the principal office of closing price reported in the primary market in 47483 (March 11, 2003), 68 FR 13352 (March 19, which the underlying security is traded’’). 2003) (SR–ISE–2003–04); 47613 (April 1, 2003), 68 5 See Securities Exchange Act Release No. 82474 FR 17120 (April 8, 2003) (SR–Amex–2003–19); and 26 17 CFR 200.30–3(a)(12). (January 9, 2018), 83 FR 2240 (January 16, 2018) 47794 (May 5, 2003), 68 FR 25076 (May 9, 2003) 1 15 U.S.C. 78s(b)(1). (SR–Phlx–2017–75) (Order approving amendment (SR–Phlx–2003–27). 2 15 U.S.C. 78a. to Rule 1009 to modify the criteria for listing an 9 Such surveillance procedures generally focus on 3 17 CFR 240.19b–4. option on an underlying covered security). detecting securities trading subject to opening price

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Furthermore, the Exchange notes that Named Market, and would also ensure business day look back period on the the regulatory program operated by and that the underlying is covered by the T+2 settlement cycle would allow for overseen by NYSE Regulation includes regulatory protections (including market sufficient verification of the number of cross-market surveillances designed to surveillance, investigation and shareholders. identify manipulative and other enforcement) offered by these exchanges The proposed rule change would improper trading that may occur on the for trading in covered securities apply to all covered securities that meet Exchange and other markets. In conducted on their facilities. the relevant criteria in Rule 5.3–O. particular, the Financial Industry The Exchange also believes that the Pursuant to Rule 5.3–O(a), the Exchange Regulatory Authority (‘‘FINRA’’), proposed look back period can be establishes guidelines to be considered pursuant to a regulatory services implemented in connection with the in evaluating the potential underlying agreement and other arrangements, other initial listing criteria for securities for Exchange options operates a range of cross-market equity underlying covered securities. In transactions.13 However, the fact that a and options surveillance patterns on particular, the Exchange recognizes that particular security may meet the behalf of the Exchange to identify a it may be difficult to verify the number standards established by the Exchange of shareholders in the days immediately variety of potentially manipulative does not necessarily mean that it will be following an IPO due to the fact that trading activities. These cross-market selected as an underlying security.14 As stock trades generally clear within two patterns incorporate relevant data from part of the established criteria, the business days (T+2) of their trade date the Exchange, its affiliates (including issuer must be in compliance with any and therefore the shareholder count the New York Stock Exchange), and applicable requirements of the Act.15 would generally not be known until markets not affiliated with the The Exchange believes that these T+2.11 The Exchange notes that the Exchange. measures, together with its existing current T+2 settlement cycle was In addition, NYSE Regulation surveillance procedures, provide recently reduced from T+3 on operates an array of surveillances to adequate safeguards in the review of any September 5, 2017 in connection with identify potentially manipulative covered security that may meet the the Commission’s amendments to trading of options on the Exchange and proposed criteria for consideration of its affiliated markets. That surveillance Exchange Rule 15c6–1(a) to adopt the shortened settlement cycle,12 and the the option within the timeframe coverage is initiated once options begin contained in this proposal. trading on the Exchange or an options look back period of three consecutive exchange affiliated with the Exchange. business days proposed herein reflects 2. Statutory Basis this shortened T+2 settlement period. Accordingly, the Exchange believes that The Exchange believes that its the cross-market surveillance performed As proposed, stock trades would clear within T+2 of their trade date (i.e., proposal is consistent with Section 6(b) by FINRA on behalf of the Exchange and of the Act,16 in general, and furthers the NYSE Regulation’s own monitoring for within three business days) and therefore the number of shareholders objectives of Section 6(b)(5) of the Act,17 violative activity on the Exchange and in particular, in that it is designed to its affiliated markets comprise a could be verified within three business days, thereby enabling options trading promote just and equitable principles of comprehensive surveillance program trade, to remove impediments to and that is adequate to monitor for within four business days of an IPO (three consecutive business days, plus perfect the mechanism of a free and manipulation of options and their open market and a national market underlying equity securities that could the day the listing certificate is submitted to OCC). system, and, in general to protect occur during the proposed three-day Furthermore, the Exchange notes that investors and the public interest. look back period. it can verify the shareholder count with The Exchange believes that the Furthermore, the Exchange notes that various brokerage firms that have a large the proposed listing criteria would still proposed changes to its listing standards retail customer clientele. Such firms can for covered securities would allow the require that the underlying security be confirm the number of individual listed on NYSE, the American Stock Exchange to more quickly list options customers who have a position in the on a qualifying covered security that has Exchange (now known as NYSE new issue. The earliest that these firms American), or the Nasdaq Global Market met the $3.00 eligibility price without can provide confirmation is usually the sacrificing investor protection. As (collectively, the ‘‘Named Markets’’), as day after the first day of trading (T+1) provided for in the definition of discussed above, the Exchange believes on an unsettled basis, while others can that its existing trading surveillances ‘‘covered security’’ from Section confirm on the third day of trading 18(b)(1)(A) of the 1933 Act.10 provide a sufficient measure of (T+2). The Exchange has confirmed protection against potential price Accordingly, the Exchange believes that with some of these brokerage firms who the proposed rule change would still manipulation within the proposed three provide shareholder numbers to the consecutive business day timeframe. ensure that the underlying security Exchange that they are able to provide meets the high listing standards of a Furthermore, the established guidelines these numbers within T+2 after an IPO. to be considered by the Exchange in For the foregoing reasons, the Exchange manipulation, closing price manipulation, layering, evaluating the potential underlying spoofing or other unlawful activity impacting an believes that basing the proposed three securities for Exchange option underlying security, the option, or both. As it transactions,18 together with existing relates to IPOs, the Exchange has price movement 11 The number of shareholders of record can be trading surveillances, provide adequate alerts, unusual market activity and order book alerts verified from large clearing agencies such as The active for all trading symbols. These real-time Depository Trust and Clearing Corporation safeguards in the review of any covered patterns are active for the new security as soon as (‘‘DTCC’’) upon the settlement date (i.e., T+2). security that may meet the proposed the IPO begins trading. The NYSE Regulation group, 12 See Securities Exchange Act Release No. 80295 which provides such real-time surveillance on the (March 22, 2017), 82 FR 15564 (March 29, 2017) 13 See Rule 5.3–O(a)(1)–(6). Exchange and its affiliated markets, monitors (release adopting amendment to securities 14 Id. trading activity in IPOs to see whether the new transaction settlement cycle) (File No. S7–22–16). 15 issue moves substantially above or below the public See also Exchange Act Release No. 78962 (Sep. 28, See Rule 5.3–O(a)(5). offering price in the first day or several days of 2016), 81 FR 69240 (Oct. 5, 2016) (release proposing 16 15 U.S.C. 78f(b). trading. amendment to securities transaction settlement 17 15 U.S.C. 78f(b)(5). 10 See 15 U.S.C. 77r(b)(1)(A). cycle) (File No. S7–22–16). 18 See supra notes 13–15.

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criteria for consideration of the option A proposed rule change filed Paper Comments within the proposed timeframe. pursuant to Rule 19b–4(f)(6) under the • Send paper comments in triplicate 22 In addition, the Exchange believes Act normally does not become to Secretary, Securities and Exchange that basing the proposed timeframe on operative for 30 days after the date of its 23 Commission, 100 F Street NE, the T+2 settlement cycle adequately filing. However, Rule 19b–4(f)(6)(iii) Washington, DC 20549–1090. addresses the potential difficulties in permits the Commission to designate a confirming the number of shareholders shorter time if such action is consistent All submissions should refer to File of the underlying covered security. with the protection of investors and the Number SR–NYSEArca–2018–16. This Having some of the largest brokerage public interest. The Exchange has asked file number should be included on the firms that provide these shareholder the Commission to waive the 30-day subject line if email is used. To help the counts to the Exchange confirm that operative delay so that the proposed Commission process and review your they are able to provide these numbers rule change may become effective and comments more efficiently, please use within T+2 further demonstrates that operative upon filing. The Exchange only one method. The Commission will the 2,000 shareholder requirement can states that waiver of the operative delay post all comments on the Commission’s be sufficiently verified within the would be consistent with the protection internet website (http://www.sec.gov/ proposed timeframe. For the foregoing of investors and the public interest rules/sro.shtml). Copies of the reasons, the Exchange believes that the because it would allow the Exchange to submission, all subsequent proposed amendments will remove and implement the modified rule, which amendments, all written statements perfect the mechanism of a free and aligns with the rules of other options with respect to the proposed rule open market and a national market exchanges,24 without delay. The change that are filed with the system by providing an avenue for Commission believes that waiving the Commission, and all written investors to swiftly hedge their 30-day operative delay is consistent communications relating to the investment in the stock in a shorter with the protection of investors and the proposed rule change between the amount of time than what is currently public interest. Accordingly, the Commission and any person, other than in place.19 Commission hereby waives the those that may be withheld from the operative delay and designates the public in accordance with the B. Self-Regulatory Organization’s proposal as operative upon filing.25 provisions of 5 U.S.C. 552, will be Statement on Burden on Competition At any time within 60 days of the available for website viewing and The Exchange does not believe that filing of the proposed rule change, the printing in the Commission’s Public the proposed rule change will impose Commission summarily may Reference Room, 100 F Street NE, any burden on competition not temporarily suspend such rule change if Washington, DC 20549 on official necessary or appropriate in furtherance it appears to the Commission that such business days between the hours of of the purposes of the Act. The action is necessary or appropriate in the 10:00 a.m. and 3:00 p.m. Copies of such proposed rule change reduces the public interest, for the protection of filing also will be available for number of days to list options on an investors, or otherwise in furtherance of inspection and copying at the principal underlying security, and is intended to the purposes of the Act. If the office of the Exchange. All comments bring new options listings to the Commission takes such action, the received will be posted without change. marketplace quicker. Commission shall institute proceedings Persons submitting comments are to determine whether the proposed rule cautioned that we do not redact or edit C. Self-Regulatory Organization’s should be approved or disapproved. personal identifying information from Statement on Comments on the comment submissions. You should Proposed Rule Change Received From IV. Solicitation of Comments submit only information that you wish Members, Participants, or Others Interested persons are invited to to make available publicly. All No written comments were solicited submit written data, views, and submissions should refer to File or received with respect to the proposed arguments concerning the foregoing, Number SR–NYSEArca–2018–16, and rule change. including whether the proposed rule should be submitted on or before change is consistent with the Act. April 5, 2018. III. Date of Effectiveness of the Comments may be submitted by any of Proposed Rule Change and Timing for For the Commission, by the Division of the following methods: Trading and Markets, pursuant to delegated Commission Action 26 Electronic Comments authority. Because the proposed rule change Eduardo A. Aleman, • Use the Commission’s internet does not (i) significantly affect the Assistant Secretary. protection of investors or the public comment form (http://www.sec.gov/ [FR Doc. 2018–05209 Filed 3–14–18; 8:45 am] interest; (ii) impose any significant rules/sro.shtml); or • BILLING CODE 8011–01–P burden on competition; and (iii) become Send an email to rule-comments@ operative for 30 days from the date on sec.gov. Please include File Number SR– NYSEArca–2018–16 on the subject line. which it was filed, or such shorter time SECURITIES AND EXCHANGE as the Commission may designate, it has COMMISSION become effective pursuant to Section the proposed rule change, along with a brief 20 description and the text of the proposed rule 19(b)(3)(A) of the Act and Rule 19b– change, at least five business days prior to the date Proposed Collection; Comment 4(f)(6) thereunder.21 of filing of the proposed rule change, or such Request shorter time as designated by the Commission. 19 This proposed rule change does not alter any 22 17 CFR 240.19b–4(f)(6). Upon Written Request, Copies Available obligations of issuers or other investors of an IPO 23 17 CFR 240.19b–4(f)(6)(iii). From: Securities and Exchange that may be subject to a lock-up or other restrictions 24 See supra note 5. Commission, Office of FOIA Services, on trading related securities. 25 For purposes only of waiving the 30-day 100 F Street NE, Washington, DC 20 15 U.S.C. 78s(b)(3)(A). operative delay, the Commission has also 21 17 CFR 240.19b–4(f)(6). As required under Rule considered the proposed rule’s impact on 20549–2736 19b–4(f)(6)(iii), the Exchange provided the efficiency, competition, and capital formation. See Commission with written notice of its intent to file 15 U.S.C. 78c(f). 26 17 CFR 200.30–3(a)(12).

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Extension: cost per year will be $55,440 to comply SMALL BUSINESS ADMINISTRATION Exchange Act Rules 13n–1–13n–12; Form with the rule. [Disaster Declaration #15446 and #15447; SDR, SEC File No. 270–629, OMB The Commission staff estimates that Control No. 3235–0719 AMERICAN SAMOA Disaster Number AS– the average initial paperwork cost of 00007] Notice is hereby given that pursuant filing a Form SDR to withdraw from to the Paperwork Reduction Act of 1995 registration will be 12 hours per SDR Presidential Declaration of a Major (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the with an estimated dollar cost of $4,008 Disaster for the Territory of American Securities and Exchange Commission to comply with the rule. The Samoa (‘‘Commission’’) is soliciting comments Commission estimates that an SDR will AGENCY: U.S. Small Business on the existing collection of information assign these responsibilities to a Administration. provided for in Rules 13n–1 through Compliance Attorney, calculated as 13n–12 (17 CFR 240.13n–1 through follows: (Compliance Attorney at $334 ACTION: Notice. × 240.13n–12) and Form SDR (‘‘Rules’’), per hour for 12 hours) (1 SDR SUMMARY: This is a Notice of the under the Securities Exchange Act of withdrawing) = $4,008. Presidential declaration of a major 1934 (15 U.S.C. 78m(n)(3) et seq.). The In addition, the Commission staff disaster for the Territory of American Commission plans to submit this estimates that the average initial Samoa (FEMA–4357–DR), dated 03/02/ existing collection of information to the paperwork cost for each non–resident 2018. Office of Management and Budget SDR to comply with Rule 13n–1(f) will Incident: Tropical Storm Gita. (‘‘OMB’’) for extension and approval. be 1 hour and $900 per SDR. Assuming Incident Period: 02/07/2018 through Under the Rules, security-based swap a maximum of three non–resident SDRs, 02/12/2018. data repositories (‘‘SDRs’’) are required the aggregate one-time estimated dollar DATES: Issued on 03/02/2018. to register with the Commission by cost to comply with the rule will be Physical Loan Application Deadline filing a completed Form SDR (the filing $3,840, calculated as follows: ($900 for Date: 05/01/2018. of a completed Form SDR also outside legal services + (Attorney at Economic Injury (EIDL) Loan constitutes an application for $380 per for 1 hour)) × (3 non–resident Application Deadline Date: 12/03/2018. registration as a securities information registrants). Finally, the Commission ADDRESSES: Submit completed loan processor (‘‘SIP’’)). SDRs are also believes that the costs of filing Form applications to: U.S. Small Business required to abide by certain minimum SDR in a tagged data format beyond the Administration, Processing and standards set out in the Rules, including costs of collecting the required Disbursement Center, 14925 Kingsport a requirement to update Form SDR, information will be minimal. Road, Fort Worth, TX 76155. abide by certain duties and core Written comments are invited on: (a) FOR FURTHER INFORMATION CONTACT: A. principles, maintain data in accordance Whether the proposed collection of Escobar, Office of Disaster Assistance, with the rules, keep systems in information is necessary for the proper U.S. Small Business Administration, accordance with the Rules, keep performance of the functions of the 409 3rd Street SW, Suite 6050, records, provide reports to the Commission, including whether the Washington, DC 20416, (202) 205–6734. Commission, maintain the privacy of information shall have practical utility; SUPPLEMENTARY INFORMATION: Notice is security-based swaps (‘‘SBSs’’) data, (b) the accuracy of the Commission’s hereby given that as a result of the make certain disclosures, and designate estimates of the burden of the proposed President’s major disaster declaration on a Chief Compliance Officer. In addition, collection of information; (c) ways to 03/02/2018, applications for disaster there are a number of collections of enhance the quality, utility, and clarity loans may be filed at the address listed information contained in the Rules. The of the information to be collected; and above or other locally announced information collected pursuant to the (d) ways to minimize the burden of the locations. Rules is necessary to carry out the collection of information on The following areas have been mandates of the Dodd-Frank Act and respondents, including through the use determined to be adversely affected by help ensure an orderly and transparent of automated collection techniques or the disaster: market for SBSs. other forms of information technology. Primary Counties (Physical Damage and The Commission staff estimates that it Consideration will be given to Economic Injury Loans): Territory will take an SDR approximately 481 comments and suggestions submitted in of American Samoa hours to complete the initial Form SDR writing within 60 days of this The Interest Rates are: and any amendments thereto. This publication. burden is composed of a one-time An agency may not conduct or Percent reporting burden that reflects the sponsor, and a person is not required to applicant’s staff time (i.e. internal labor respond to, a collection of information For Physical Damage: Homeowners with Credit Avail- costs) to prepare and submit the Form under the PRA unless it displays a to the Commission and includes the able Elsewhere ...... 3.625 currently valid OMB control number. Homeowners without Credit burden of responding to additional Please direct your written comments Available Elsewhere ...... 1.813 provisions incorporated from Form SIP to: Pamela Dyson, Director/Chief Businesses with Credit Avail- and finally includes responding to the Information Officer, Securities and able Elsewhere ...... 7.160 revised disclosure of business Exchange Commission, c/o Remi Pavlik- Businesses without Credit affiliations burden. Assuming a Simon, 100 F Street NE, Washington, Available Elsewhere ...... 3.580 maximum of ten SDRs, the aggregate _ Non-Profit Organizations with DC 20549, or send an email to: PRA Credit Available Elsewhere ... 2.500 one-time estimated dollar cost to [email protected]. complete the initial Form SDR and any Non-Profit Organizations with- out Credit Available Else- amendments thereto will be $793,840 Dated: March 9, 2018. Eduardo A. Aleman, where ...... 2.500 ((Compliance Attorney at $334 per hour For Economic Injury: for 180 hours) + (Compliance Clerk at Assistant Secretary. Businesses & Small Agricultural $64 per hour for 301 hours) × (10 [FR Doc. 2018–05212 Filed 3–14–18; 8:45 am] Cooperatives without Credit registrants)) and the aggregate ongoing BILLING CODE 8011–01–P Available Elsewhere ...... 3.580

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Percent things, extend the term of the trackage SUMMARY: The FAA published a rights to December 31, 2016.1 document in the Federal Register of Non-Profit Organizations with- The earliest this transaction may be February 27, 2018, concerning requests out Credit Available Else- consummated is March 29, 2018, the for comments on its intent to rule on where ...... 2.500 effective date of the exemption (30 days request to release airport property at the after the verified notice of exemption Northeast Philadelphia Airport, The number assigned to this disaster was filed). Philadelphia, PA. The document for physical damage is 154468 and for As a condition to this exemption, any contained incorrect dates. economic injury is 154470. employees affected by the trackage FOR FURTHER INFORMATION CONTACT: Ms. (Catalog of Federal Domestic Assistance rights will be protected by the Cayla D. Morgan, (425) 227–2653. Number 59008) conditions imposed in Norfolk & Western Railway—Trackage Rights— Correction James E. Rivera, Burlington Northern, Inc., 354 I.C.C. 605 In the Federal Register of February Associate Administrator for Disaster (1978), as modified in Mendocino Coast 27, 2018, in FR Doc. 2018–03954, on Assistance. Railway—Lease & Operate—California page 8566, in the second column, [FR Doc. 2018–05241 Filed 3–14–18; 8:45 am] Western Railroad, 360 I.C.C. 653 (1980). correct the DATES caption to read: BILLING CODE 8025–01–P This notice is filed under 49 CFR DATES: Comments must be received on 1180.2(d)(7). If the notice contains false or before April 16, 2018. or misleading information, the exemption is void ab initio. Petitions to Issued in Camp Hill, PA, on February 27, SURFACE TRANSPORTATION BOARD revoke the exemption under 49 U.S.C. 2018. 10502(d) may be filed at any time. The Lori K. Pagnanelli, [Docket No. FD 36165] filing of a petition to revoke will not Manager, Harrisburg Airports District Office. automatically stay the effectiveness of [FR Doc. 2018–04581 Filed 3–14–18; 8:45 am] Toledo, Peoria & Western Railway the exemption. Stay petitions must be BILLING CODE 4910–13–P Corp.—Trackage Rights Renewal filed by March 22, 2018 (at least seven Exemption—Tazewell & Peoria days before the exemption becomes Railroad, Inc. effective). DEPARTMENT OF THE TREASURY An original and 10 copies of all The Tazewell & Peoria Railroad, Inc. pleadings, referring to Docket No. Internal Revenue Service (TZPR), has agreed to renew overhead 36165, must be filed with the Surface trackage rights to Toledo, Peoria & Transportation Board, 395 E Street, SW, Proposed Extension of Information Western Railway Corp. (TPW). The Washington, DC 20423–0001. In Collection Request Submitted for trackage rights extend between TPW addition, a copy of each pleading must Public Comment; Qualified Lessee milepost 109.4 at East Peoria, Ill., and be served on Erik M. Hocky, Clark Hill, Construction Allowances for Short- TPW milepost 113.9 at Peoria, Ill. (the PLC, One Commerce Square, 2005 Term Leases Line), a distance of approximately 4.7 Market Street, Suite 1000, Philadelphia, AGENCY: Internal Revenue Service (IRS), miles, including overhead trackage PA 19103. Treasury. rights to handle intermodal traffic from Board decisions and notices are ACTION: Notice and request for the intermediate point of the connection available on our website at comments. between TZPR and BNSF Railway ‘‘WWW.STB.GOV.’’ Company (BNSF) near Darst Street to Decided: March 12, 2018. SUMMARY: The Internal Revenue Service, TPW milepost 109.4 in East Peoria. By the Board, Scott M. Zimmerman, Acting as part of its continuing effort to reduce TPW states that the purpose of the Director, Office of Proceedings. paperwork and respondent burden, transaction is to renew trackage rights Jeffrey Herzig, invites the public and other Federal originally granted to TPW by Peoria & Clearance Clerk. agencies to take this opportunity to Pekin Union Railway Company (PPU) in [FR Doc. 2018–05289 Filed 3–14–18; 8:45 am] comment on proposed and/or continuing information collections, as 1995. Toledo, Peoria & W. Ry.— BILLING CODE 4915–01–P Trackage Rights Exemption—Peoria & required by the Paperwork Reduction Pekin Union Ry., FD 32654 (ICC served Act of 1995. Currently, the IRS is soliciting comments concerning Feb. 6, 1995). In 2001, the trackage DEPARTMENT OF TRANSPORTATION rights were amended to include an information collection requirements intermediate connection with BNSF for Federal Aviation Administration related to qualified lessee construction handling intermodal traffic. Toledo, allowances for short-term leases. Peoria & W. Ry.—Trackage Rights Notice of Intent To Rule on Request To DATES: Written comments should be Exemption—Peoria & Pekin Union Ry., Release Airport Property at the received on or before May 14, 2018 to FD 34009 (STB served Feb. 23, 2001). In Northeast Philadelphia Airport (PNE), be assured of consideration. 2004, the Board authorized TZPR to Philadelphia, Pennsylvania; Correction ADDRESSES: Direct all written comments lease the Line, and other lines, from to Roberto Mora-Figueroa, Internal PPU. Tazewell & Peoria RR—Lease & AGENCY: Federal Aviation Administration, (FAA), DOT. Revenue Service, Room 6129, 1111 Operation Exemption—Peoria & Pekin Constitution Avenue NW, Washington, ACTION: Notice; correction. Union Ry., FD 34544 (STB served Sept. DC 20224. Requests for additional 28, 2004). TPW states that on August 1, information or copies of the regulations 2006, TZPR and TPW entered into an 1 TWP did not seek or receive Board authorization should be directed to R. Joseph Durbala, amended and restated trackage rights for the transaction encompassed in the 2006 at Internal Revenue Service, Room 6129, agreement (2006 Restated Agreement) Restated Agreement. This notice of exemption is 1111 Constitution Avenue NW, that did not change the scope of the published nevertheless because the same class exemption applies to trackage rights acquisitions Washington DC 20224, or through the trackage rights, but did, among other and renewals. See 49 CFR 1180.2(d)(7). internet, at [email protected].

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SUPPLEMENTARY INFORMATION: • Enhance the quality, utility, and OMB Number: 1545–0725. Title: Qualified Lessee Construction clarity of the information to be Form Number: 928. Allowances for Short-Term Leases. collected; and Abstract: Under IRC section 4101(b) OMB Number: 1545–1661. • Minimize the burden of the Secretary may require, as a condition of Regulation Project Number: TD 8901. collection of information on those who registration under 4101(a), that the Abstract: This document contains are to respond, including using applicant give a bond in an amount that final regulations concerning an appropriate automated, electronic, the Secretary determines is appropriate. exclusion from gross income for mechanical, or other technological Applicant’s that do not meet all the qualified lessee construction allowances collection techniques or other forms of applicable registration tests for Form provided by a lessor to a lessee for the information technology, e.g., by 637 registration must secure a federal purpose of constructing long-lived permitting electronic submissions of bond, from an acceptable surety or property to be used by the lessee responses. reinsurer listed in Circular 570, prior to pursuant to a short-term lease. The final Comments submitted in response to receiving a Form 637 registration under regulations affect a lessor and a lessee this notice will be summarized and/or section 4101. Form 928 is used for this paying and receiving, respectively, included in the ICR for OMB approval purpose. qualified lessee construction allowances of the extension of the information Current Actions: There is no change to that are depreciated by a lessor as collection; they will also become a the burden previously approved. Type of Review: Extension of a nonresidential real property and matter of public record. currently approved collection. excluded from the lessee’s gross income. Approved: March 6, 2018. Affected Public: Business or other for- The final regulations provide guidance R. Joseph Durbala, profit organizations. on the exclusion, the information IRS Tax Analyst. Estimated Number of Respondents: required to be furnished by the lessor 500. and the lessee, and the time and manner [FR Doc. 2018–05305 Filed 3–14–18; 8:45 am] BILLING CODE 4830–01–P Estimated Time per Respondent: 2.56 for providing that information to the hours. IRS. Estimated Total Annual Burden Current Actions: There is no change to DEPARTMENT OF THE TREASURY Hours: 1,280. the burden previously approved. The following paragraph applies to all Type of Review: Extension of a Internal Revenue Service the collections of information covered currently approved collection. by this notice: Affected Public: Business or other for- Proposed Extension of Information An agency may not conduct or profit organizations. Collection Request Submitted for sponsor, and a person is not required to Estimated Number of Respondents: Public Comment; Rules Relating to respond to, a collection of information 10,000. Registration unless the collection of information Estimated Time per Respondent: 1 displays a valid OMB control number. AGENCY: hour. Internal Revenue Service (IRS), Books or records relating to a Estimated Total Annual Burden Treasury. collection of information must be Hours: 10,000. ACTION: Notice and request for retained if their contents may become The following paragraph applies to all comments. material in the administration of any the collections of information covered internal revenue law. Generally, tax SUMMARY: The Internal Revenue Service, by this notice: returns and tax return information are as part of its continuing effort to reduce An agency may not conduct or confidential, as required by 26 U.S.C. paperwork and respondent burden, sponsor, and a person is not required to 6103. invites the public and other Federal respond to, a collection of information Desired Focus of Comments: The agencies to take this opportunity to unless the collection of information Internal Revenue Service (IRS) is comment on proposed and/or displays a valid OMB control number. particularly interested in comments continuing information collections, as that: Books or records relating to a required by the Paperwork Reduction • Evaluate whether the proposed collection of information must be Act of 1995. Currently, the IRS is collection of information is necessary retained if their contents may become soliciting comments concerning for the proper performance of the material in the administration of any information collection requirements functions of the agency, including internal revenue law. Generally, tax related to the rules relating to whether the information will have returns and tax return information are registration under section 4101. practical utility; confidential, as required by 26 U.S.C. • DATES: Written comments should be Evaluate the accuracy of the 6103. agency’s estimate of the burden of the Desired Focus of Comments: The received on or before May 14, 2018 to be assured of consideration. proposed collection of information, Internal Revenue Service (IRS) is including the validity of the ADDRESSES: particularly interested in comments Direct all written comments methodology and assumptions used; that: to Roberto Mora-Figueroa, Internal • Enhance the quality, utility, and • Evaluate whether the proposed Revenue Service, Room 6129, 1111 clarity of the information to be collection of information is necessary Constitution Avenue NW, Washington, collected; and for the proper performance of the DC 20224. Requests for additional • Minimize the burden of the functions of the agency, including information or copies of the regulations collection of information on those who whether the information will have should be directed to R. Joseph Durbala, are to respond, including using practical utility; at Internal Revenue Service, Room 6129, appropriate automated, electronic, • Evaluate the accuracy of the 1111 Constitution Avenue NW, mechanical, or other technological agency’s estimate of the burden of the Washington DC 20224, or through the collection techniques or other forms of proposed collection of information, internet, at [email protected]. information technology, e.g., by including the validity of the SUPPLEMENTARY INFORMATION: permitting electronic submissions of methodology and assumptions used; Title: Taxable Fuel; registration. responses.

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Comments submitted in response to of the extension of the information Approved: March 8, 2018. this notice will be summarized and/or collection; they will also become a R. Joseph Durbala, included in the ICR for OMB approval matter of public record. IRS Tax Analyst. [FR Doc. 2018–05304 Filed 3–14–18; 8:45 am] BILLING CODE 4830–01–P

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Part II

Environmental Protection Agency

40 CFR Part 257 Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Amendments to the National Minimum Criteria (Phase One); Proposed Rule; Proposed Rule

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ENVIRONMENTAL PROTECTION information whose disclosure is listed in the index, some information is AGENCY restricted by statute. Multimedia not publicly available, e.g., CBI or other submissions (audio, video, etc.) must be information whose disclosure is 40 CFR Part 257 accompanied by a written comment. restricted by statute. Certain other [EPA–HQ–OLEM–2017–0286; FRL–9973– The written comment is considered the material, such as copyrighted material, 31–OLEM] official comment and should include will be publicly available only in hard discussion of all points you wish to copy form. Publicly available docket RIN 2050–AG88 make. The EPA will generally not materials are available either consider comments or comment Hazardous and Solid Waste electronically at https:// contents located outside of the primary Management System: Disposal of Coal www.regulations.gov or in hard copy at submission (i.e., on the web, cloud, or the EPA Docket Center (EPA/DC), EPA Combustion Residuals From Electric other file sharing system). For Utilities; Amendments to the National WJC West Building, Room 3334, 1301 additional submission methods, the full Constitution Ave. NW, Washington, DC. Minimum Criteria (Phase One); EPA public comment policy, Proposed Rule The Public Reading Room is open from information about CBI or multimedia 8:30 a.m. to 4:30 p.m., Monday through AGENCY: Environmental Protection submissions, and general guidance on Friday, excluding holidays. The Agency (EPA). making effective comments, please visit telephone number for the Public ACTION: Proposed rule. https://www.epa.gov/dockets/ Reading Room is (202) 566–1744, and commenting-epa-dockets. the telephone number for the EPA SUMMARY: On April 17, 2015, the Instructions. Direct your comments on Docket Center is (202) 566–1742. the proposed rule to Docket ID No. Environmental Protection Agency (EPA FOR FURTHER INFORMATION CONTACT: For or the Agency) promulgated national EPA–HQ–OLEM–2017–0286. The EPA’s information concerning this proposed minimum criteria for existing and new policy is that all comments received rule, contact Mary Jackson, Office of will be included in the public docket coal combustion residuals (CCR) Resource Conservation and Recovery, and may be made available online at landfills and existing and new CCR Environmental Protection Agency, https://www.regulations.gov, including surface impoundments. The Agency is 5304P, Washington, DC 20460; any personal information provided, proposing a rule that will address four telephone number: (703) 308–8453; unless the comment includes provisions of the final rule that were email address: [email protected]. information claimed to be CBI or other remanded back to the Agency on June For more information on this information whose disclosure is 14, 2016 by the U.S. Court of Appeals rulemaking please visit https:// restricted by statute. Do not submit for the D.C. Circuit. The Agency is also www.epa.gov/coalash. proposing six provisions that establish information that you consider to be CBI or otherwise protected through https:// SUPPLEMENTARY INFORMATION: alternative performance standards for Submitting CBI. Do not submit owners and operators of CCR units www.regulations.gov or email. The https://www.regulations.gov website is information that you consider to be CBI located in states that have approved electronically through http:// CCR permit programs (participating an ‘‘anonymous access’’ system, which means the EPA will not know your www.regulations.gov or email. Send or states) or are otherwise subject to deliver information identified as CBI to oversight through a permit program identity or contact information unless you provide it in the body of your only the following address: ORCR administered by EPA. Finally, the Document Control Officer, Mail Code Agency is proposing an additional comment. If you send an email comment directly to the EPA without 5305–P, Environmental Protection revision based on comments received Agency, 1200 Pennsylvania Avenue since the date of the final CCR rule. going through https:// www.regulations.gov, your email NW, Washington, DC 20460; Attn: DATES: Comments. Written comments address will be automatically captured Docket ID No. EPA–HQ–OLEM–2017– must be received on or before April 30, and included as part of the comment 0286. 2018. Comments postmarked after the that is placed in the public docket and Clearly mark the part or all of the close of the comment period will be made available on the Internet. If you information that you claim to be CBI. stamped ‘‘late’’ and may or may not be submit an electronic comment, the EPA For CBI information in a disk or DC– considered by the Agency. recommends that you include your ROM that you mail to the EPA, mark the Public Hearing. EPA will hold a name and other contact information in outside of the disk or CD–ROM as CBI hearing on this proposed rule on April the body of your comment and with any and then identify electronically within 24, 2018 in the Washington, DC disk or CD–ROM you submit. If the EPA the disk or CD–ROM the specific metropolitan area. Additional cannot read your comment due to information that is claimed as CBI. In information about the hearing will be technical difficulties and cannot contact addition to one complete version of the posted in the docket for this proposal you for clarification, the EPA may not comment that includes information and on EPA’s CCR website (https:// be able to consider your comment. claimed as CBI, a copy of the comment www.epa.gov/coalash). Electronic files should avoid the use of that does not contain the information ADDRESSES: Comments. Submit your special characters, any form of claimed as CBI must be submitted for comments, identified by Docket ID No. encryption, and be free of any defects or inclusion in the public docket. If you EPA–HQ–OLEM–2017–0286, at https:// viruses. submit a CD–ROM or disk that does not www.regulations.gov. Follow the online Docket. The EPA has established a contain CBI, mark the outside of the instructions for submitting comments. docket for this action under Docket ID disk or CD–ROM clearly that it does not Once submitted, comments cannot be No. EPA–HQ–OLEM–2017–0286. The contain CBI. Information marked as CBI edited or removed from Regulations.gov. EPA has previously established a docket will not be disclosed except in The EPA may publish any comment for the April 17, 2015, CCR final rule accordance with procedures set forth in received to its public docket. Do not under Docket ID No. EPA–HQ–RCRA– 40 Code of Federal Regulations (CFR) submit electronically any information 2009–0640. All documents in the docket part 2. you consider to be Confidential are listed in the https:// Public Hearing. This notice also Business Information (CBI) or other www.regulations.gov index. Although announces that EPA will be holding a

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public hearing on this proposed rule. A not all been added to the regulatory authority, it will have the same ability public hearing provides interested language. Those requirements will be as a Director of a State with an approved parties the opportunity to present data, added to §§ 257.105–257.107 when the CCR program to apply the alternative views, or arguments concerning the final rule is developed. performance standards. In addition, proposed rule. EPA may ask clarifying EPA seeks comment on whether and a. Proposals Associated With Judicial how these alternative performance questions during the oral presentations, Remand but will not respond formally to any standards could be implemented by the comments or the presentations made. The Agency is proposing four changes facilities directly (even in States without Additional information about the from the CCR final rule that was a permit program), given that the WIIN hearing will be posted in the docket for promulgated on April 17, 2015 Act provided authority for EPA this proposal and on EPA’s CCR website associated with the judicial remand. oversight and enforcement. (https://www.epa.gov/coalash). The proposed revisions would: (1) Clarify the type and magnitude of non- c. Proposal To Allow CCR To Be Used I. General Information groundwater releases that would require During Certain Closure Situations A. Executive Summary a facility to comply with some or all of EPA is proposing to revise the current the corrective action procedures set regulations to allow the use of CCR in 1. Purpose of the Regulatory Action forth in 40 CFR 257.96–257.98 in the construction of final cover systems The EPA is proposing to amend the meeting their obligation to clean up the for CCR units closing pursuant to regulations for the disposal of coal release; (2) add boron to the list of § 257.101 that are closing with waste-in- combustion residuals (CCR) in landfills constituents in Appendix IV of part 257 place. EPA is also proposing specific and surface impoundments in order to: that trigger corrective action and criteria that the facility would need to (1) Address provisions of the final rule potentially the requirement to retrofit or meet in order to allow for the use of that were remanded back to the Agency close the CCR unit; (3) determine the CCR in the final cover system. on June 14, 2016; (2) to provide States requirement for proper height of woody With this action EPA is not with approved CCR permit programs (or and grassy vegetation for slope reconsidering, proposing to reopen, or EPA where it is the permitting protection; and (4) modify the otherwise soliciting comment on any authority) under the Water alternative closure provisions. other provisions of the final CCR rule beyond those specifically identified as Infrastructure Improvements for the b. Proposals Associated With the WIIN Nation (WIIN) Act the ability to set Act such in this proposal. EPA will not certain alternative performance respond to comments submitted on any The Agency is proposing six standards; and (3) address one issues other than those specifically alternative performance standards that additional issue raised by commenters identified in this proposal and they will would apply in participating states (i.e., that has arisen since the April 2015 not be considered part of the rulemaking those which have an EPA-approved CCR publication of the final rule, namely the record. permit program under the WIIN Act) or use of CCR during certain closure in those instances where EPA is the 3. What are the incremental costs and situations. permitting authority. Those alternative benefits of this action? 2. Summary of the Major Provisions of performance standards would allow a This action is expected to result in net the Regulatory Action state with an approved permit program cost savings amounting to between $32 EPA is proposing two categories of or EPA to: (1) Use alternative risk-based million and $100 million per year when revisions plus one additional revision to groundwater protection standards for discounting at 7 percent and annualized the regulations at 40 CFR 257 subpart D. constituents where no Maximum over 100 years. It is expected to result The first category is associated with a Contaminant Level exists; (2) modify the in net cost savings of between $25 judicial remand in connection with the corrective action remedy in certain million and $76 million per year when settlement agreement entered on April cases; (3) suspend groundwater discounting at 3 percent and annualized 18, 2016 that resolved four claims monitoring requirements if a no over 100 years. Further information on brought by two sets of plaintiffs against migration demonstration can be made; the economic effects of this action can the final CCR rule. See USWAG et al. v. (4) establish an alternate period of time be found in Unit V of this preamble. to demonstrate compliance with the EPA, No. 15–1219 (D.C. Cir. 2015). The B. Does this action apply to me? second category is a set of revisions that corrective action remedy; (5) modify the This rule applies to all CCR generated are proposed in response to the WIIN post-closure care period; and (6) allow by electric utilities and independent Act. The last revision in the proposal Directors of states to issue technical power producers that fall within the deals with an issue that has been raised certifications in lieu of the current North American Industry Classification by commenters since the publication requirement to have professional System (NAICS) code 221112 and may date of the final CCR rule. In the 2015 engineers issue certifications. These affect the following entities: Electric CCR final rule, EPA organized the alternative standards are discussed in utility facilities and independent power regulations for the recordkeeping more detail later in this proposal. producers that fall under the NAICS requirements, notification requirements Under the WIIN Act, EPA is the code 221112. This discussion is not and publicly accessible internet site permitting authority for CCR units intended to be exhaustive, but rather requirements into 40 CFR 257.105, located in Indian County. EPA would also serve as the permitting authority for provides a guide for readers regarding 257.106, and 257.107, respectively.1 CCR units located in nonparticipating entities likely to be regulated by this There are recordkeeping, notification states subject to a Congressional action. This discussion lists the types of and internet posting requirements appropriation to carry out that function. entities that EPA is now aware could associated with the revisions that are in At this time, Congress has not provided potentially be regulated by this action. this proposal. Those requirements have appropriations to EPA to serve as the Other types of entities not listed in the 1 Unless otherwise specified, all references to part permitting authority in nonparticipating table could also be regulated. To 257 in this preamble are to title 40 of the Code of states. EPA is therefore proposing that determine whether your entity is Federal Regulations (CFR). in those cases where it is the permitting regulated by this action, you should

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carefully examine the applicability The rule was challenged by several Each of these are discussed further in criteria found in § 257.50 of title 40 of different parties, including a coalition of Unit III of the preamble. As specified in the Code of Federal Regulations. If you regulated entities and a coalition of the settlement, EPA presently intends to have questions regarding the environmental organizations. See, take final action on these proposals by applicability of this action to a USWAG et al. v. EPA, No. 15–1219 (D.C. June 2019. The issue of alternative particular entity, consult the person Cir. 2015). Four of the claims, a subset closure requirements (due to lack of listed in the FOR FURTHER INFORMATION of the provisions challenged by the capacity for non-CCR wastestreams) was CONTACT section. industry and environmental Petitioners, also remanded, but was not part of the II. Background were settled. The rest were briefed and settlement agreement. That issue is also are currently pending before the U.S. discussed in Unit III of this preamble. A. CCR Rule Court of Appeals for the D.C. Circuit, In addition, on September 13, 2017, On April 17, 2015, EPA finalized awaiting resolution. EPA granted petitions from the Utility national regulations to regulate the As part of that settlement, on April disposal of CCR as solid waste under 18, 2016 EPA requested the court to Solid Waste Activities Group (USWAG) subtitle D of the Resource Conservation remand the four claims back to the and from AES Puerto Rico LLP and Recovery Act (RCRA) titled, Agency. On June 14, 2016 the U.S. Court requesting the Agency initiate ‘‘Hazardous and Solid Waste of Appeals for the D.C. Circuit granted rulemaking to reconsider provisions of Management System; Disposal of Coal EPA’s motion. the 2015 final rule.2 EPA determined Combustion Residuals from Electric One claim, which was settled by the that it was appropriate and in the public Utilities,’’ (80 FR 21302) (CCR rule). The vacatur of the provision allowing interest to reconsider provisions of the CCR rule established national minimum inactive surface impoundments to close final rule addressed in the petitions, in criteria for existing and new CCR early and thereby avoid groundwater light of the issues raised in the petitions landfills and existing and new CCR monitoring, cleanup, and post-closure as well as the new authorities in the surface impoundments and all lateral care requirements, was the subject of a WIIN Act. recent rulemaking. See, 81 FR 51802 expansions of CCR units that are This determination raised some codified in Subpart D of Part 257 of (August 5, 2016). questions as to how the remaining Title 40 of the Code of Federal The remaining claims that were issues in the CCR litigation should be Regulations. The criteria consist of remanded back to the Agency are the location restrictions, design and subject of this proposed rule. As part of handled. In response to various motions operating criteria, groundwater the settlement, EPA committed to issue filed with U.S. Court of Appeals for the monitoring and corrective action, a proposed rule or rules to: (1) Establish D.C. Circuit, the court ordered EPA to closure requirements and post-closure requirements for the use of vegetation as submit a status report indicating which care, and record keeping, notification slope protection on CCR surface provisions of the final CCR rule were and internet posting requirements. The impoundments; (2) Clarify the type and being or were likely to be reconsidered rule also required any existing unlined magnitude of non-groundwater releases by the Agency and a timeline for this CCR surface impoundment that is for which a facility must comply with reconsideration. EPA filed that status contaminating groundwater above a some or all of the rule’s corrective report on November 15, 2017 indicating regulated constituent’s groundwater action procedures; and (3) Add Boron to that the following provisions were or protection standard to stop receiving the list of contaminants in Appendix IV, were likely to be reconsidered. These CCR and either retrofit or close, except whose detection trigger more extensive included issues that were before the in limited circumstances. monitoring and cleanup requirements. court as well as those that were not:

Provision of the CCR rule Description

Provisions under Reconsideration Subject to Challenge in Litigation

§ 257.50(c), § 257.100 ...... EPA Regulation of Inactive Surface Impoundments. § 257.53—definition of beneficial use ...... The Criteria for Determining Whether Activities Constitute Beneficial Use or Dis- posal. § 257.95(h)(2) ...... Use of Risk-Based Alternative Standards for Remediating Constituents Without an MCL. § 257.53—definition of CCR pile ...... The criteria for determining Whether a Pile will be Regulated as a Landfill or as Beneficial Use. § 257.96–98 ...... Regulatory Procedures Used to Remediate Certain Non-Groundwater Releases. §§ 257.73(a)(4), 257.73(d)(1)(iv), 257.74(a)(4), Requirements for Slope Protection on Surface Impoundments, Including Use of 257.74(d)(1)(iv). Vegetation. § 257.103(a) and (b) ...... Whether to Allow Continued Use of Surface Impoundments Subject to Mandated Closure if No Capacity for Non-CCR Wastestreams. § 257.50(e) ...... Regulation of Inactive Surface Impoundments, Including Legacy Ponds. § 257.100 ...... Exemption for Certain Remediation and Post-Closure Requirements for Inactive Surface Impoundments that Close by April 17, 2018. Note: EPA completed reconsideration of the issues associated with this claim. See 81 FR 51802 (August 5, 2016). Appendix IV to Part 257; §§ 257.93(b), 257.94(b), 257.95(b), Addition of Boron to the List of Constituents that Trigger Corrective Action. 257.95(d)(1).

2 A copy of both rulemaking petitions are included in the docket to this proposed rule.

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Provision of the CCR rule Description

Provisions under Reconsideration Not Before the Court

§ 257.97 ...... Whether to Allow Modification of the Corrective Action Remedy. § 257.90 ...... Whether to Suspend Groundwater Monitoring Requirements Where ‘‘No Migra- tion’’ Demonstration is Made. § 257.98(c) ...... Whether to Allow Alternate Period of Time to Determine Remediation is Com- plete. § 257.104 ...... Whether to Allow Modification of the Post-Closure Care Period. § 257.101, 257.102 ...... Whether to Allow CCR to be Used to Close Surface Impoundments Subject to Mandated Closure. § 257.53 ...... Clarify Placement of CCR in Clay Mines.

EPA further stated that it anticipates filed by the United States and the amended by the Resource Conservation it will complete its reconsideration of industry and environmental petitioners. and Recovery Act of 1976 (RCRA), as all provisions identified in two phases. The remaining proposals included in amended by the Hazardous and Solid EPA indicated that in the first phase this proposed rule largely reflect policy Waste Amendments of 1984(HSWA), 42 EPA would continue its process with options that were discussed in the U.S.C. 6900(B), 6907(A), 6912(A), 6944, respect to those provisions which were preamble to the 2015 final CCR rule and and 6945(a). ‘‘Subtitle D of RCRA remanded back to EPA in June of 2016. are based in large measure on the establishes a framework for federal, These provisions are: The requirements established record supporting the state, and local government cooperation for use of vegetation as slope protection; longstanding regulations for Municipal in controlling the management of non- the provisions to clarify the type and Solid Waste Landfills codified at 40 CFR hazardous solid waste.’’ (80 FR 21310, magnitude of non-groundwater releases part 258. By focusing this proposal on April 17, 2015). EPA’s role is to create that would require a facility to comply specific regulatory proposals that are national minimum criteria; however, with some or all of the corrective action largely rooted in existing requirements states are not required to adopt or procedures set out in §§ 257.96–257.98 for how other nonhazardous waste is implement them; thus under subtitle D, in meeting its obligation to clean up the already regulated under Part 258, EPA these self-implementing criteria operate release; and provisions to add Boron to has sought to minimize potential even in the absence of a regulatory the list of contaminants in Appendix IV confusion and unnecessary burden on entity to oversee them. ‘‘As a of the final rule that trigger corrective the public by basing many of these consequence of this statutory action. As noted elsewhere, the proposed changes to the 2015 CCR rule structure—the requirement to establish settlement agreement associated with on well-understood legal theories and national criteria and the absence of any the remand contemplates final action on an existing scientific record. requirement for direct regulatory these by June 14, 2019. EPA also EPA stated that it plans to complete oversight—to establish the criteria EPA indicated that as part of Phase One it review of all remaining matters must demonstrate, through factual would review the additional provisions identified on the chart and not covered evidence available in the rulemaking to determine whether proposals to in the Phase One proposal and record, that the final rule will achieve revise or amend some of these could be determine whether to propose revisions the statutory standard (‘‘no reasonable developed quickly enough so that they to the provisions. EPA currently expects probability of adverse effects on health could be included in this first phase, that if further revisions are determined or the environment’’) at all sites subject and meet the schedule set out in the to be warranted it will sign a Phase Two to the standards based exclusively on settlement agreement (i.e., final action proposed rule no later than September the final rule provisions. This means by June 2019). A number of these are 2018 and complete its reconsideration that the standards must account for and associated with the WIIN Act which is and take final action no later than be protective of all sites, including those discussed in detail in Unit II.B of this December 2019. that are highly vulnerable.’’ (80 FR preamble. Thus, this proposal includes those 21311, April 17, 2015). EPA also indicated in its status report provisions where EPA has completed its Given the existing statutory that it factored in two separate 90-day review and has sufficient information to authorities, the final rule provided very interagency review periods and propose revisions. EPA continues to limited site-specific flexibilities and did assumed a 90-day public comment evaluate the other matters and will not provide for a State program which period as the minimum amount of time make a determination as to whether could adopt and be authorized to needed to provide comment based on revisions are appropriate and if so implement the federal criteria. the complexity of the issues involved. anticipates signing a proposal by However, in developing this proposal, September of this year. In December 2016, the Water EPA now believes that a 90-day public Infrastructure Improvements for the comment period would be unnecessary. B. Water Infrastructure Improvements Nation (WIIN) Act was enacted, Instead, based on its assessment of the for the Nation Act establishing new statutory provisions contents of the proposal, EPA will seek As noted in this preamble, the CCR applicable to CCR units, including: (a) public comment for a period of 45 days. rule was finalized in April 2015. As Authorizing States to implement the This proposal addresses four issues that discussed in detail in the preamble to CCR rule through an EPA-approved were subject to legal challenge and the final rule in the Federal Register (80 permit program; and (b) authorizing included in the 2016 judicial remand. FR 21310–21311, April 17, 2015), these EPA to enforce the rule and in certain The legal authorities and policy options regulations were established under the situations to serve as the permitting associated with these provisions have authority of sections 1006(b), 1008(a), authority.3 been addressed in comments to the 2015 2002(a), 3001, 4004, and 4005(a) of the CCR rule, as well as the litigation briefs Solid Waste Disposal Act of 1970, as 3 Public Law 114–322.

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The legislation amended RCRA III. What amendments associated with groundwater contamination (Appendix section 4005, creating a new subsection the judicial remand is EPA proposing? III) were boron, chloride, conductivity, fluoride, pH, sulfate, sulfide, and total (d) that establishes a Federal permitting A. Addition of Boron to Appendix IV of dissolved solids (TDS). EPA selected program similar to other environmental Part 257 statutes. States may submit a program to these constituents because they are EPA for approval and permits issued The final CCR rule establishes a present in CCR and would move rapidly pursuant to the approved state permit comprehensive system of groundwater through the subsurface and thus provide monitoring and corrective action so that program operate in lieu of the Federal an early detection as to whether facilities detect and address requirements. 42 U.S.C. 6945(d)(1)(A). contaminants were migrating from the groundwater releases. (80 FR 21396, To be approved, a State program must disposal unit. EPA also proposed a list April 17, 2015). The final rule requires require each CCR unit to achieve of constituents for inclusion on facilities to employ a two-stage Appendix IV. The list included all of compliance with the part 257 groundwater monitoring program. The regulations (or successor regulations) or the constituents found in CCR or first stage is ‘‘detection monitoring’’ for leachate based on the data EPA had at alternative State criteria that EPA has the constituents listed in Appendix III the time: Aluminum, antimony, arsenic, determined are ‘‘at least as protective of the rule. Appendix III constituents barium, beryllium, boron, cadmium, as’’ the part 257 regulations (or are intended to provide an early chloride, chromium, copper, fluoride, successor regulations). State permitting detection as to whether contaminants iron, lead, manganese, mercury, programs may be approved in whole or are migrating from the disposal unit into molybdenum, selenium, sulfate, sulfide, in part. 42 U.S.C. 6945(d)(1)(B). States groundwater. thallium, and TDS. EPA then with approved CCR permitting programs If during detection monitoring, the specifically asked for comment on this are considered ‘‘participating states’’. facility determines there to be a list and received a number of comments In states without an approved statistically significant exceedance of on these specific constituents. program, EPA is to issue permits, any constituent over the established In developing the final rule EPA subject to the availability of background level, the facility must generally relied on the same appropriations specifically provided to begin the second stage of the monitoring considerations it had relied on in the carry out this requirement. 42 U.S.C. program, ‘‘assessment monitoring,’’ by proposed rule. However, in response to 6945(d)(2)(B). In addition, EPA must sampling for an expanded set of comments, the final rule removed boron issue permits for CCR units in Indian constituents, which are listed in from Appendix IV, 80 FR 21500, April Appendix IV of the rule. Appendix IV Country. The legislation also authorized 17, 2015. The primary reason was that constituents are those that EPA has EPA to use its RCRA subtitle C a Maximum Contaminant Level (MCL) determined present risks of concern to information gathering and enforcement had not yet been established under the human health or the environment. authorities to enforce the CCR rule or Safe Drinking Water Act for boron. EPA These are generally determined by risk generally preferred to include on permit provisions, both in assessment and/or damage cases, and nonparticipating and participating Appendix IV only constituents that had are based on the characteristics of the established MCLs, as MCLs provide States subject to certain conditions. 42 wastes in the unit. clear risk-based clean up levels in the U.S.C. 6945(d)(4). If an owner or operator determines, event that corrective action is required. The statute expressly provides that based on assessment monitoring, that EPA also reasoned that because boron facilities are to continue to comply with concentrations of one or more of the would remain on Appendix III it was the CCR rule until a permit (issued constituents listed in Appendix IV have unnecessary to include it on Appendix either by an approved state or by EPA) been detected at statistically significant IV as facilities would be required to is in effect for that unit. 42 U.S.C. levels above the site’s established continue monitoring its concentration. 6945(d)(3), (6). groundwater protection standards, that Out of all the coal ash constituents facility must initiate corrective action as modeled by EPA, boron has the fastest C. What is the agency’s authority for described in the final rule. This travel time, meaning that boron is likely taking this action? determination (i.e., that constituent to reach potential receptors before other concentrations are at statistically These regulations are established constituents. Therefore, boron is significant levels above the site’s under the authority of sections 1008(a), expected to be one of the earliest established groundwater protection constituents detected if releases to 2002(a), 4004, and 4005(a) and (d) of the standard) also triggers the requirement Solid Waste Disposal Act of 1970, as groundwater are occurring; that an existing unlined CCR surface consequently, EPA reasoned that amended by the Resource Conservation impoundment retrofit or close. Thus, retaining boron on Appendix III was and Recovery Act of 1976 (RCRA), as the primary difference between listing more appropriate as it would function amended by the Hazardous and Solid on Appendix III and IV is that detection as a ‘‘signal’’ constituent that would Waste Amendments of 1984 (HSWA) of a constituent on Appendix III ensure that assessment monitoring was and the Water Infrastructure initiates requirements for more quickly triggered in response to any Improvements for the Nation (WIIN) Act extensive monitoring, while detection of release. of 2016, 42 U.S.C. 6907(a), 6912(a), a constituent on Appendix IV compels After the final rule was published, 6944, and 6945(a) and (d). While the a facility to initiate remedial actions to this decision was challenged as one 2015 final CCR rule, and today’s clean up the contamination and, in claim in the multiparty litigation on the proposed revisions, implement EPA’s some cases, to close the unit. final rule. See USWAG v. EPA, No. 15– authority under RCRA, as amended by In the proposed CCR rulemaking (June 1219 (D.C. Cir.). In response to the HSWA and the WIIN Act, EPA does not 21, 2010), EPA included boron in both litigation, EPA reexamined its decision intend for these proposed revisions to the detection monitoring (Appendix III) to remove boron and concluded at that impose any other separate requirements and the assessment monitoring time that removing boron from under any other statute or regulation, (Appendix IV) lists, 75 FR 35253. The Appendix IV had been inconsistent with including under the Clean Water Act parameters that EPA proposed that other actions taken in the final rule. and its implementing regulations. facilities use as early indicators of Specifically, fluoride had been included

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on both Appendix III and Appendix IV. Third, as noted, out of all the coal ash an essential element in preventing slope Removing boron from Appendix IV constituents modeled by EPA, boron has erosion and subsequent deterioration of because of a lack of a MCL was also one of the shortest travel times, meaning CCR unit slopes, and that the protective inconsistent with the approach to other that boron is likely to reach potential cover of slopes was a significant factor constituents: Lead, molybdenum, cobalt receptors before other constituents. As in determining the overall condition and lithium were included on Appendix such, including it on Appendix IV rating of all units. IV, and they lack MCLs. EPA also would ensure corrective action occurs So, in the final CCR rule EPA concluded, as discussed in greater detail soon after a potential release, prior to promulgated specific requirements for below, that the facts independently the appearance of slower-moving all CCR surface impoundments (except warranted reconsidering the exclusion constituents hydrologically downstream incised units) to install and maintain of boron from Appendix IV. In light of from the source of contamination. Early adequate slope protection. Specifically, these conclusions, EPA settled this detection and remediation would better the final rule required facilities to claim, agreeing to reconsider its protect human health and the document that ‘‘the CCR unit has been decision through a new rule making. environment by allowing for a response designed, constructed, operated, and The settlement of this claim was to contamination more quickly and maintained with . . . [adequate slope presented to the Court without preventing further and more extensive protection to protect against surface challenge, and on June 14, 2016, the contamination, thereby limiting the erosion, wave action, and adverse Court severed this claim from the rest of exposures to human and ecological effects of sudden drawdown.’’ the litigation over the final rule. receptors. And although this §§ 257.73(d)(1)(ii); and 257.74(d)(1)(ii). In developing the specific technical Accordingly, EPA is proposing to add consideration is not relevant under requirements for the final rule, EPA boron to Appendix IV of part 257. This RCRA section 4004(a), early action will relied on existing dam safety technical proposal is based on a number of also have the benefit of reducing the literature, which universally considerations. First, the risk costs to the facility of remediation, as recommends that vegetative cover not assessment (RA) conducted to support the cost is necessarily greater to be permitted to root too deeply beneath the final CCR rule shows that boron is remediate more numerous contaminants the surface of the slope. Deep roots can one of nine constituents determined to and more extensive contamination. potentially introduce internal present unacceptable risks under the Finally, inclusion of boron on embankment issues such as pathways range of scenarios modeled.4 Of these Appendix IV would also be consistent for water intrusion and piping, constituents, boron is the only one with EPA’s previous decisions for other precipitating erosion internally, or associated with risks to both human and constituents. EPA added cobalt, uprooting which is the disruption of the ecological receptors. Specifically, the molybdenum, and lithium to Appendix embankment due to the sudden 2014 risk assessment shows that boron IV even though these constituents do uplifting of the root system. Based on can pose developmental risk to humans not currently have MCLs because they these data, the final rule also required when released to groundwater and can were found to be risk drivers in the 2014 a vegetative cover height limitation to result in stunted growth, phytotoxicity, risk assessment (80 FR 21404, April 17, prevent the establishment of rooted or death to aquatic biota and plants 2015). EPA included lithium on Appendix vegetation, such as a tree, a bush, or a when released to surfacewater bodies. IV even though it does not have an MCL shrubbery, on the CCR surface EPA is proposing to rely on the existing because it was detected in ‘‘several’’ impoundment slope, 80 FR 21476, April 2014 risk assessment to support this damage cases (80 FR 21404, April 17, 17, 2015, and to prevent the obscuring part of this proposal, and EPA seeks 2015). Lead was also detected in at least of the slope during routine and public comment on whether this nine damage cases; and, as noted above, emergency inspection. Based on the reliance is appropriate. The risks boron is a COC in approximately 51 available information, EPA concluded identified therein support including percent of the total damage cases. By that a vegetative cover height limitation boron on Appendix IV along with contrast, EPA removed aluminum, of six inches above the face of the arsenic, cadmium, cobalt, fluoride, copper, iron, manganese and sulfide embankment was adequate to achieve lithium, mercury, molybdenum and from Appendix IV because ‘‘they lack these dual goals of preventing woody thallium. maximum contaminant levels (MCLs)’’ vegetation, while allowing inspectors Second, when reviewing damage and were not shown to be constituents adequate observation of the slope. cases collected for the CCR rulemaking, of concern based on either the risk After the final rule was published, EPA identified one or more assessment conducted for the rule or the this provision was challenged on the ‘‘contaminants of concern’’ (COCs) for damage cases (80 FR 21404, April 17, grounds that EPA had failed to provide each damage case. Boron is a COC in 2015). adequate notice of this requirement in more damage cases (approximately 50 In light of all of the information the proposal. See, USWAG et al. v. EPA, percent of the total) than any Appendix presented above, EPA is proposing to No. 15–1219 (D.C. Cir. 2015). In IV constituent with the exception of add boron to Appendix IV of part 257 response, EPA reexamined its decision, arsenic. The damage cases reflect a and seeks comment on the and agreed to reconsider this provision. range of waste types disposed in both appropriateness of including boron on This claim was settled, and the court surface impoundments and landfills. Appendix IV in the absence of an MCL vacated the requirement that vegetation These damage cases corroborate the for the constituent. on all slopes ‘‘not . . . exceed a height findings of the RA and also capture of 6 inches above the slope of the dike’’ B. Performance Standards To Increase other risk scenarios that were not within §§ 257.73(a)(4), 257.73(d)(1)(iv), and Maintain Slope Stability modeled in the RA, such as units that 257.74(a)(4), and 257.74(d)(1)(iv). EPA intersect with the groundwater table. As part of the Assessment Program 5 is not proposing to reopen any other EPA determined that slope protection is 4 USEPA, ‘‘Human and Ecological Risk stability and safety of coal ash impoundments Assessment of Coal Combustion Residuals’’, 5 In March 2009, the Agency’s CCR Assessment throughout the country. By September 2014, 559 December 2014; docket identification number EPA– Program (herein referred to as the Assessment impoundments had been assessed at over 230 coal- HQ–RCRA–2009–0640–11993. Program) was initiated to evaluate the structural fired power plants. 80 FR 21313, April 17, 2015.

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provisions of §§ 257.73 and 257.74, and drawdown events 6 and low pool engineering practice dictates should be will not respond to any comments conditions of water bodies that may protected against adverse effects of received on those provisions. Because, abut the CCR surface impoundment and erosion. See e.g., Federal Emergency as described below, slope protection is are outside the reasonable control of the Management Agency’s ‘‘FEMA 534: an essential element in preventing owner or operator, e.g., a natural river Technical Manual for Dam Owners, destabilization of a CCR surface which the slopes of the CCR surface Impacts of Plants on Earthen Dams’’ impoundment, EPA is proposing to impoundment intercept and abut. (September 2005), a copy of which is expand on the existing general Accordingly, EPA is proposing to available in the docket to this performance standard with more establish a number of new performance rulemaking. specific slope protection requirements standards to ensure the stability of CCR surface impoundments. However, the slope protection for existing and new surface requirement would exclude certain impoundments. EPA is also proposing First, EPA is proposing to modify the current regulation to require the owner areas on, adjacent, or near the CCR unit to establish distinct definitions and for which it is infeasible, impractical, or height limitations for grassy vegetation or operator to ensure that both the slopes and the pertinent surrounding unsafe to maintain vegetation. These and woody vegetation to replace the areas include specific design features of vacated requirement. Finally, EPA is areas of any CCR surface impoundment (both existing and new) are designed, the unit that may occupy portions of the also proposing definitions for constructed, operated, and maintained surface of the CCR unit. Such design engineered slope protection measures, with one or more of the forms of slope features may include lined spillways, pertinent surrounding areas, slope protection specified in the regulation. decant structures, access ways such as protection, and vegetative height. EPA has defined slope protection for roads, paths, or stairs, or sluice pipes. 1. Performance Standards this proposal as measures installed on Therefore, an owner or operator does the upstream or downstream slope of not need slope protection to be Slope protection is an essential the CCR unit that protect the slope designed, constructed, operated, and element in preventing destabilization of against wave action, erosion or adverse maintained in these areas. Furthermore, a CCR surface impoundment. Surficial effects of rapid drawdown. Slope by the nature of these engineered and internal erosion, wave action, and protection includes but is not limited to structures, the integrity of the slope or rapid drawdown are some phenomena grassy vegetation, rock riprap, concrete pertinent surrounding area is typically that can destabilize a surface revetments, vegetated wave berms, maintained through the construction of impoundment. Surficial erosion is the concrete facing, gabions, geotextiles, or the structure or the potential adverse removal of surface material, typically fascines. EPA’s proposed definition was effects to the integrity of the slope or resulting from regular, intermittent developed from the available technical pertinent surrounding area are limited physical phenomena such as surface literature for dam safety, geotechnical by the nature of the structure. For run-off and wind action. Internal engineering, and hydrology and instance, a properly designed, erosion, due to seepage and piping, is hydraulics. The definition of slope constructed, and maintained sluice pipe the removal of material beneath the protection includes examples of or decant structure may include surface of an embankment through the common modes of slope protection preventative measures, such as a collar infiltration and transmission of water utilized in embankment dams, levees, or a boot, which prevents the infiltration into and through the embankment. dikes, and other engineering structures of water and potential erosion of the Wave action can cause erosion of which interface with water or other slope at the exit-point of the structure embankment material typically caused impounded fluids. on the slope. An additional example of EPA is proposing to define pertinent by wave run-up in wind or storm limited potential adverse effects would surrounding areas because adequate events. Rapid drawdown is the rapid be that of a road or path on the crest of slope protection in surrounding areas is lowering of the water level of a reservoir the embankment of the impoundment. critical to the overall stability of the which may precipitate slope failure due Due to regular vehicle traffic, it may to residual high pore-water pressure in CCR surface impoundment. EPA has defined pertinent surrounding areas for prove difficult to maintain vegetative the embankment with a lack of cover on the surface of the travel path. counteracting pressure from the this proposal as all areas immediately surrounding the CCR surface Furthermore, due to the location and reservoir. In each of these phenomena, typical characteristics of the road, e.g., slope protection provides mitigating impoundment that have the potential to affect the structural stability and located on the crest of the embankment effects to counteract the phenomena condition of the CCR surface with ample clearance from the edge of through cohesion of the surface of the impoundment, including but not the upstream and downstream slopes, embankment. Furthermore, slope limited to the toe of the downstream EPA does not anticipate substantial protection is necessary to ensure that slope, the crest of the embankment, adverse effects due to erosion of the dike or embankment erosion does not abutments, and unlined spillways. EPA roadway based on its observations occur, both from the surface of the intends this term to include all areas in during the Assessment Program. Finally, upstream or downstream slope, crest, or the vicinity of the CCR unit that may the existing inspection and monitoring adjacent areas or from internal areas of influence the condition of the CCR unit. requirements of the final rule provide the unit. Erosion of the embankment can This would include all areas that good protection against the deterioration of precipitate more significant structural or the slopes and pertinent surrounding operational deficiencies, such as 6 In this provision, EPA is concerned with the areas of the CCR surface impoundment beaching upstream from wave action, rapid drawdown of adjacent water bodies acting in the locations where these structures sloughing or sliding of the crest, upon the downstream slope of the CCR surface impoundment rather than the rapid drawdown of are found. The integrity of these discharge of solids to adjacent surface the impounded reservoir of the CCR surface appurtenant design structures must be waters, and increased internal erosion. impoundment acting upon the upstream slope of ensured by the professional engineer Finally, slope protection is necessary to the CCR surface impoundment. Presumably, the (PE) during regular assessments maintain the stability of the CCR surface water body of concern acting upon the downstream slope of the impoundment is outside the control of required in § 257.73 and § 257.74, to impoundment slope under rapid the owner or operator. confirm that effects from erosion, wave

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action, or other adverse phenomena are 583: Guidelines for Landscape Planting Height Restrictions. The Assessment not introduced by the structures. and Vegetation Management at Levees, Program showed that the ability to Similar to the original rule, EPA is Floodwalls, Embankment Dams, and adequately observe the surface of the proposing to require that slope Appurtenant Structures’’ (April 30, slope and pertinent surrounding areas of protection consist of either grassy 2014).7 This proposed definition helps the CCR surface impoundment are vegetation, engineered slope protection to ensure that any vegetation installed critical to early detection of deficiencies measures, or a combination of such by the owner or operator has a net and overall maintaining of structural measures. EPA is also proposing to positive effect on the condition of the and operational integrity of the CCR establish specific performance standards unit. A continuous cover of grassy units so EPA finalized height limitations that all slope protection measures must vegetation will prevent erosion of the in the CCR rule. However, EPA is now meet. First, the proposed rule would surface or interior areas of the proposing new height limitations for require that the owner or operator embankment, protect against the effects any grassy and woody vegetative cover. ensure that the slope protection of wave action, and mitigate the effects Based on comments submitted from measures are maintained in such a of run-off from the CCR unit. EPA has industry after the final rule was manner that allows for the adequate identified some species of non-woody published, relating to the feasibility of observation of and access to the CCR vegetation that do not provide vegetation management on CCR surface surface impoundment during routine protection against these adverse effects. impoundments and the varied nature of and emergency events. Second, the These species would be considered technical guidance from federal regulation would require that the cover weeds, which typically create a patch agencies and organizations with provide effective protection against work of vegetative cover that do not jurisdiction or oversight over dam surface erosion, wave action, and provide a benefit to slope stability and safety,89 EPA has subsequently adverse effects of rapid drawdown. are not intentionally installed by the determined that the 6 inch height 2. Vegetative Cover owner or operator, and therefore do not limitation for grassy vegetation was meet the definition of grassy vegetation. overly restrictive and presented Grassy Vegetation. Adequate slope implementation problems for owners protection can be achieved in most Weeds for this proposal can be wild vegetation that develops shallow-roots and operators. climates through vegetation, typically a In reviewing technical guidance from and are non-woody plants that do not healthy, continuous dense stand of low- federal and state agencies and create a contiguous cover, inhibit growing native grass species, or other organizations, EPA found that the adequate observation of the slope and similar vegetative cover. The most original 6 inch vegetative height pertinent surrounding areas of the CCR desirable form of slope protection, based limitation was a more conservative unit and do not provide an on the technical literature, is a cover of technical standard than is typically advantageous effect on the condition of native grass that creates cohesive recommended in guidance. The U.S. the slopes and pertinent surrounding coverage across the slope; this is due to Army Corps of Engineer’s EM 1110–2– its feasible maintenance, low cost of areas of the CCR unit. EPA’s description 583 generally recommends that installation, and effective performance of weeds is based on FEMA guidance vegetation be limited to 12 inches in a in maintaining slope integrity. In arid titled ‘‘FEMA 534: Technical Manual for ‘‘vegetation free zone’’ on and around climates or submerged areas of the unit Dam Owners, Impacts of Plants on embankment dams. In addition, the U.S. where the upkeep of vegetation is Earthen Dams’’ (September 2005). EPA Army Corps of Engineer’s EM 1110–2– inhibited, alternate engineered slope intends for all non-woody, grassy 583 recommends a minimum height of protection measures, including rip-rap, vegetation that do not provide an 3 inches to ensure the health of the grass or rock-armor, are typically used. advantageous effect to the condition of species providing erosion protection EPA is proposing to define grassy the CCR unit to fall within this and EPA agrees with this vegetation for this proposal as definition. Some examples of commonly recommendation. The FEMA 534 vegetation which develops shallow found species considered to be weeds technical manual does not prescribe a roots that do not penetrate the slope or are: Herbaceous plants, vines, pigweed, specific vegetative height limitation, but pertinent surrounding areas of the CCR ragweed, and thistle. recommends that vegetation be unit to a depth that introduces the Woody Vegetation. EPA has defined maintained on the basis of achieving potential of internal erosion or risk of woody vegetation for this proposal as several dam safety goals, e.g., permitting uprooting and improves on the vegetation that develops woody trunks, effective inspection and monitoring of condition of the slopes and pertinent root balls, or root systems which can the embankment, allowing adequate surrounding areas of the CCR unit. This penetrate the slopes or pertinent access, discouraging rodent, varmint, or definition is being proposed to provide surrounding areas of the CCR unit to a other animal activity through a distinction between grassy substantial depth and introduce the elimination of habitat. Industry vegetation—which EPA acknowledges potential of internal erosion or risk of commenters have stated that can improve embankment slope uprooting. Woody vegetation is not maintaining a 6 inch or less vegetative stability, provided the vegetation does desirable when located on slopes or cover in many regions of the United not inhibit adequate observation of or pertinent surrounding areas of CCR States was impractical during seasons of access to the slope or pertinent units; technical guidance consistently high precipitation, when the growth of surrounding areas of the CCR unit—and identifies the substantial risk of grassy vegetation is at its greatest rate woody vegetation, which can create uprooting and internal erosion as a and access to the slopes of the unacceptable adverse risk to the result of root system development from structural stability and operational woody vegetation. This can lead to dam 8 U.S. Army Corps of Engineers, EM 1110–2–583, ability of the CCR unit. EPA has based failure. Some examples of woody ‘‘Guidelines for Landscape Planting and Vegetation the definition of grassy vegetation on vegetation, as defined by the rule, Management at Levees, Floodwalls, Embankment ‘‘FEMA 534: Technical Manual for Dam include: Trees, bushes, and shrubbery. Dams, and Appurtenant Structures,’’ April 30, 2014. 9 Federal Emergency Management Agency, Owners, Impacts of Plants on Earthen ‘‘FEMA 534: Technical Manual for Dam Owners, Dams’’ (September 2005) and the U.S. 7 A copy of these documents are available in the Impacts of Plants on Earthen Dams,’’ September Army Corps of Engineers’ ‘‘ETL 1110–2– docket of this rulemaking. 2005.

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embankment is limited due to the supervision of personnel familiar non-groundwater releases. By contrast, precipitation. They have also stated that with the design and operation of the the regulation requires corrective action when the slopes of the embankments are unit and in consideration of the for groundwater releases only upon a saturated due to precipitation, mowing complexities of removal of a tree or a determination that contaminants are may present undue risk of damaging the shrubbery. Furthermore, the removal of present in concentrations exceeding the slopes of the embankment by mowing vegetation must be conducted in a groundwater protection standards in equipment. manner to ensure compliance with § 257.95(h). In light of the above, EPA is proposing relevant environmental statutes, e.g., In a separate section, the regulations a vegetative height maximum limitation National Environmental Policy Act, also require that if a deficiency or of 12 inches for grassy and woody Endangered Species Act. EPA also seeks release is identified during an vegetation. The 12-inch limit is drawn comment on requiring a specific inspection of a surface impoundment or from the U.S. Army Corps of Engineer’s timeframe in which woody vegetation landfill, the owner or operator must EM 1110–2–583, which as previously must be removed. remedy the deficiency or release as soon noted, generally recommends that Alternatives to Vegetative Cover. To as feasible, and prepare documentation grassy vegetation be limited to 12 accommodate climates or areas where it detailing the corrective measures taken. inches. is infeasible for the owner or operator to See, §§ 257.73(d)(2), 257.74(d)(2), EPA is also proposing to define maintain a vegetative cover, EPA is 257.83(b)(5), and 257.84(b)(5). However, vegetative height as the linear distance proposing to allow alternative forms of these provisions do not require the measured between the ground surface slope protection, i.e., engineered cover facility to follow a particular process in where the vegetation penetrates the or combination cover. EPA has cleaning up such releases. ground surface and the outermost proposed these alternative engineered After the final rule was published, the growth point of the vegetation. This slope protection measures to allow requirement that a facility must definition is being proposed in order to flexibility for owners or operators in remediate any non-groundwater release accurately identify the measurable maintaining an adequate slope using the same procedures applicable to height of vegetation for use in protection cover system in locations the corrective action of groundwater complying with the vegetative height where maintenance of vegetation may releases in §§ 257.96–257.98 was limits of this rule. EPA intends this prove infeasible or where they do not challenged on the ground that EPA had definition to reflect the maximum wish to use grassy vegetation. These failed to provide adequate notice of this exposed length of the vegetative engineered slope protection measures, requirement in the proposal. See, member along the main stalk of the i.e., engineered cover or combination USWAG et al. v. EPA, No. 15–1219 (D.C. member. cover, are available and effective in Cir. 2015). In response, EPA reexamined Woody Vegetation Maintenance. certain circumstances, and include but the provision and determined that some Finally, EPA is proposing to require that are not limited to rock or concrete revision might be warranted to tailor the the vegetative cover be maintained so revetments, vegetated wave berms, procedural requirements to the size or that all woody vegetation is removed concrete facing, gabions, geotextiles, or magnitude of the release. Specifically, and that any removal of woody fascines. EPA agreed that, in principle, for some vegetation with a diameter greater than non-groundwater releases, it may not be C. Clarify the Type and Magnitude of 1⁄2 inch be directed by a qualified necessary for facilities to follow all of person, who must ensure that removal Non-Groundwater Releases That Would the corrective action procedures in is conducted in a manner that does not Require a Facility To Comply With §§ 257.96–257.98 in cleaning up or introduce adverse risk to the stability Some or All of the Corrective Action remedying the releases. Rather, for and safety of the CCR unit or personnel Procedures in §§ 257.96–257.98 certain releases, such as releases that are undertaking the removal. EPA is The CCR final rule establishes a small in scale, it might be preferable for proposing the specific numeric value of number of requirements related to the the facility to focus primarily on the 1⁄2 inch for the maximum diameter of detection and remediation of releases rapid remediation of these releases, woody vegetation based on ease of from a CCR unit. First, the groundwater consistent with §§ 257.90(d), reference and because the diameter monitoring and corrective action 257.73(d)(2), and 257.83(b)(5), without represents the threshold for what EPA regulations in § 257.90 state that in the requiring adherence to all of the considers substantial woody vegetation. event of a release from a CCR unit, the corrective action procedures in EPA seeks public comment as to owner or operator must immediately §§ 257.96–257.98. Accordingly, EPA whether a specific numeric value of take all necessary measures to control settled this claim by agreeing to greater than 1⁄2 inch for the maximum the source(s) of releases so as to reduce reconsider the procedures a facility diameter of woody vegetation would be or eliminate, to the maximum extent must use to clean up non-groundwater more appropriate. feasible, further releases of releases in a subsequent rulemaking. Vegetative maintenance, particularly contaminants into the environment. The The settlement of this claim was removal of a large tree or a shrubbery, regulation specifies detailed procedures presented to the Court without must be undertaken with care so as not that must be followed in such cases, challenge, and on June 14, 2016, the to allow for the uprooting of the root requiring that the owner or operator of Court severed this claim from the rest of system and disturbance of substantial the CCR unit comply with all applicable the litigation over the final rule. portions of the slope or surrounding requirements in §§ 257.96, 257.97, and This portion of the proposed rule pertinent areas of the CCR unit.10 The 257.98. addresses whether the entire set of removal and maintenance of such Section 257.96(a) also establishes two procedural requirements for corrective vegetation needs to be undertaken under different standards for triggering actions from the final CCR rule should corrective action, one for groundwater apply to all non-groundwater releases. 10 U.S. Department of Interior, Bureau of releases and one for non-groundwater EPA is proposing to establish a subset Reclamation, ‘‘Water Operation and Maintenance, releases. The requirement that a facility of the corrective action procedures Bulletin No. 150’’ which includes Guidelines for Removal of Trees and Vegetative Growth from Earth commence corrective action currently found in §§ 257.96–257.98 Dams, Dikes, and Conveyance Features, December ‘‘immediately upon detection of a that would apply to non-groundwater 1989. release from a CCR unit’’ applies only to releases that can be completely

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remediated within 180 days from the remediation of a non-groundwater completion of the cleanup, section time of detection. Under these modified release under this proposed provision, 257.98 requires the facility to prepare a procedures, EPA would compress the or whether a shorter deadline, e.g., 120 report stating that the remedy has been reporting requirements into two steps: days, or a longer deadline, e.g., 240 completed, along with a certification The initial notification of a release and days, would be more appropriate for from a qualified professional engineer the documentation that the release has remediating non-groundwater releases attesting that the remedy has been been remediated. These revised that are expected to have minimal completed in compliance with the procedures would be consolidated in a impact to human health and the regulation. This potentially multi-year new section at § 257.99. environment. EPA anticipates that these structure was designed primarily to EPA designed many of the specific releases will typically be detected by address releases that are large scale or procedural requirements for non- qualified personnel or qualified that will otherwise require a substantial groundwater releases in sections professional engineers during weekly or amount of time to remediate. It is less §§ 257.96–257.98 based on several annual inspections or during periodic clear that this full process is truly notable ‘‘catastrophic’’ releases from assessments, as specified in the design necessary for smaller scale releases that CCR surface impoundments in recent and operating criteria of the CCR rule. could easily be completely cleaned up history, such as the release of CCR These types of releases can indicate within a short period of time. materials from CCR surface concerns regarding the structural In lieu of the existing procedures EPA impoundments from the Tennessee stability of the unit and that further is proposing that within 15 days of Valley Authority’s (TVA) Kingston assessment for structural stability issues discovering a non-groundwater release, Fossil Plant in Harriman, TN, and the is warranted, but they do not typically the owner or operator must prepare a Duke Energy Dan River Steam Station in constitute a substantial release of notification of discovery of a non- Eden, NC. However, EPA recognizes constituents to the environment in and groundwater release, and place it in the that all non-groundwater releases are of themselves. facility’s operating record as required by not of a ‘‘catastrophic’’ nature, and may On this basis, EPA has preliminarily § 257.105. EPA is proposing this in some instances, be quite minor. concluded that this subset of small requirement to provide transparency, Consequently, EPA is proposing to releases may not warrant all of the consistent with EPA’s overall approach establish revised provisions to facilitate corrective action procedures specified to corrective action under the existing the most expeditious response to a in §§ 257.96–257.98. In these cases, it is regulations. Additionally, EPA is release from a CCR unit from the owner preferable that the owner/operator focus proposing that within 30 days of or operator, and thereby to mitigate on the rapid remediation of the release. completing the corrective action of a degradation. However, EPA requests comment on non-groundwater release, the owner or EPA is proposing a 180-day time limit whether 180-days is the appropriate operator must prepare a report to complete remediation of the non- time frame that best balances EPA’s documenting the completion of the groundwater release. This time frame objective to ensure that small releases corrective action. This report must effectively serves to limit these are remediated expeditiously, with the include: (1) The facility’s assessment of provisions to releases that are expected public’s interest in understanding the corrective measures to prevent further to have limited potential for harm to practices occurring at the site that have releases, to remediate any releases and human health and the environment. In the potential to affect their exposures to restore the affected area to original this regard, EPA considers that the size and their groundwater. conditions; (2) the selected remedy, and magnitude of the release, i.e., the Consistent with the proposed overall with an explanation of how it meets the volume of harmful constituents 180-day deadline for completing the standards specified in § 257.97; and (3) released, is directly related to the time cleanup, EPA is proposing to remove the certification by a professional required to remedy the release. certain deadlines and to waive or engineer that the remedy has been EPA has identified a number of types compress certain reporting requirements completed in accordance with the of releases that may occur at CCR found in the existing regulation, either regulation. Consistent with the existing surface impoundments, and from those, because under the current regulation the regulation, the proposal also specifies identified the subset that EPA believes requirement would fall due after the that the remedy has been completed could be completely remediated under 180-day deadline, or because EPA when the certification has been placed the existing performance standards considers that the benefit from the in the facility’s operating record. The within 180 days. Releases that can be additional reporting requirement may be proposed rule would also require that cleaned up within 180 days are outweighed by the more expeditious the owner or operator comply with the necessarily of a minimal volume. EPA clean-up of the site. Specifically, recordkeeping requirements specified in expects that these reduced procedures § 257.96 requires a facility to complete § 257.105(h), the notification are most likely to apply to incidental a written assessment of corrective requirements specified in § 257.106(h), releases (including fugitive dust) that measures within 90 days of detecting a and the internet requirements specified occur from seepage through the release, place that assessment in the in § 257.107(h). In the event the remedy embankment, minor ponding of seepage operating record, hold a public meeting has not been successfully completed at the toe of the embankment of the CCR to discuss the results of the corrective within 180 days, the owner or operator unit, seepage at the abutments of the action assessment at least 30 days before must comply with the entire suite of CCR unit, seepage from slopes, or selecting a remedy, and post the corrective action requirements in ponding at the toe of the unit, rather corrective action assessments to the §§ 257.96–257.98. than releases that of a ‘‘catastrophic’’ publicly accessible facility website. Under these modified procedures, nature, as catastrophic releases are Section 257.97 further requires a EPA would compress the reporting normally of a magnitude that semiannual report describing the requirements into two steps: The initial remediation cannot be completed progress in selecting and designing a notification of a release and the within 180 days. EPA seeks comment on remedy, as well as a report upon documentation that the release has been whether 180 days is the appropriate selection of a remedy, describing the remediated. Note that the same basic timeframe in which an owner/operator selected remedy and how it meets the analytical steps would continue to would be expected to complete standards in the regulation. Upon apply—e.g., the criteria for assessing the

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corrective measures in § 257.96(c) and specifically solicits comment on which was presented to the Court without for evaluating the effectiveness of the approach would be most useful. challenge, and on June 14, 2016, the remedy in § 257.97(b) remain in place. The provisions set forth in this Court of Appeals for the D.C. Circuit EPA is proposing that the facility rulemaking are intended solely to remanded ‘‘all of 40 CFR 257.103 (a) document these analyses and solicit facilitate and expedite corrective action, and (b)’’ back to EPA to allow the public input after conducting the without modifying the existing Agency for further consideration. cleanup, instead of before the cleanup. requirements to address all releases that Industry-Provided Information EPA is also proposing to waive the occur or to ensure the protectiveness of requirement in § 257.97(a) to prepare a the remedy. Therefore, no risk On December 12, 2016, USWAG sent semiannual report describing the assessment was conducted to support EPA a letter outlining the need for progress in selecting and designing the this provision of the rulemaking. § 257.103 to include non-CCR wastestreams.11 This letter has been remedy. Given that the remedy must be D. Alternative Closure Requirements entirely completed within 180 days of placed in the docket of this proposed discovering the release, a semiannual The current regulations require that rule. The letter laid out four key progress report is likely to be an owner or operator of a unit closing premises for such an expansion of the superfluous. for cause pursuant to § 257.101, cease alternative closure provisions. First, the EPA recognizes that requiring public placing CCR and non-CCR wastestreams letter explained that power plant notification after the fact is different in the unit within six months of an operations produce volumes of non-CCR than requiring public consultation event triggering closure. The current wastestreams in excess of the volumes before the remedy is completed, and regulations provide a limited exception of CCR wastestreams. These include that in some situations the difference to this requirement in two narrow boiler blowdown, boiler cleaning can be quite significant. For small or circumstances. First, an owner or wastes, demineralizer regeneration contained releases, EPA generally operator may certify that CCR must washwater, cooling tower blowdown, believes that the balance of interests is continue to be managed in a CCR unit air heater washwater, stormwater, and best struck in ensuring that these due to the absence of alternative water treatment plant waste. Second, releases are remediated as quickly as disposal capacity. Section 257.103(a). the letter explained that power plants possible, because the potential impact Second, an owner or operator may do not have contingency plans in place on the public is likewise limited. That certify that the facility will cease to cover the inoperability of CCR surface balance shifts, however, as the potential operations of the coal-fired boilers no impoundments. One anonymous for public impact increases. EPA later than dates specified in the final company represented that the only time therefore requests comment on whether rule. Section 257.103(b). Under either of ponds are taken out of service for some limited public involvement prior these alternative closure provisions, repairs and maintenance is during unit to completion of the clean-up would be owners or operators may continue to outages. Third, the letter provided appropriate. This could be achieved, for place CCR, and only CCR, in a unit examples of the new wastewater example, by delaying the initial designated to close for cause for an treatment systems that facilities would notification and requiring the facility to extended period of time. Furthermore, be forced to construct, including: Brine provide details about the release and the the facility must continue to comply concentrators, surface impoundments, planned remediation. Another with all other provisions of the rule tank systems, filtration systems, alternative would be to require some including groundwater monitoring and chemical treatment facilities, and kind of brief interim report to provide corrective action. wastewater treatment systems. These that information. These exemptions were challenged as systems were expected to take between As noted, under the existing part of the litigation on the final rule on 1.75 years and 7 years to construct. requirements, remediation is considered the ground that the exemption was too Finally, USWAG represented that complete when a professional engineer narrow. See, USWAG et al. v. EPA, No. 64,000 MW of coal, oil, and gas-fired has certified that the corrective action 15–1219 (D.C. Cir. 2015). Specifically, capacity were at risk of shutdowns as a has met all the requirements of the plaintiffs alleged that during the consequence of the current closure section and the certification has been rulemaking, commenters had informed requirements. placed in the facility’s operating record EPA that facilities were using the same USWAG followed up this letter with as required by § 257.105. Following the units to manage both CCR and non-CCR an executive summary of an EEI (Edison revisions to RCRA in the WIIN Act, EPA wastestreams, but the exemption only Electric Institute) reliability analysis.12 is proposing to expand this to allow a allowed the facility to continue to use This analysis evaluated electric permitting authority in a participating the unit to dispose of CCR alone. The reliability during peak summer state to make this determination. plaintiffs argued that EPA had failed to electricity usage when removing the As also noted previously, EPA is not address their comments, and to provide capacity of all boilers with unlined CCR proposing to modify the requirement to any explanation for limiting the impoundments receiving non-CCR clean up all non-groundwater releases exemption to exclude the continued wastewaters. This analysis assumed that or the substantive performance disposal of non-CCR wastestreams. the CCR impoundments had to be shut standards that all remediation actions In response, EPA reexamined the down, and that no alternative capacity must meet. EPA is only proposing to record and concluded that it had failed revise the procedures the owner/ to address these comments, and to 11 USWAG (Utility Solid Waste Activities Group). operator must follow for non- explain the basis for its decision to 2016. Letter from Jim Roewer to Barnes Johnson. groundwater releases that can be restrict the exemption to the continued Addition of Non-CCR Waste Streams to Alternative Closure Provision of Coal Combustion Residuals cleaned up within 180 days. However, disposal of CCR alone. Accordingly, Rule. December 12. in the interest of clarity, EPA is EPA settled this claim by agreeing to 12 EEI (Edison Electric Institute). 2017. Potential considering whether to incorporate the consider whether to expand this Electric Reliability Risks Due to Cessation of Power existing performance standards into the provision to situations in which a Generation as a Result of the Closure of Unlined Surface Impoundments Under 40 CFR part 257.101 new subsection § 257.99 or whether it is facility needs to continue to manage for the Failure to Meet Groundwater Protection sufficient to rely on cross-references to wastestreams other than CCR in the Standards. This document is available in the docket sections §§ 257.96–257.98. EPA waste unit. The settlement of this claim for this proposal.

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was available for the non-CCR plants, and may currently be managed case disposal impoundment volumes wastewaters. According to the executive in CCR surface impoundments. In the may still be necessary. However, it may summary, the resulting boiler shut 2015 CCR rule, EPA discussed that the also be managed jointly with bottom ash downs would result in substantial risks to the wider community from the in wet-to-dry conversions, in which case impacts in three NERC (North American disruption of power over the short-term landfill capacity may be necessary.15 Electric Reliability Corporation) regions outweigh the risk associated with the As a result of the differences between (SERC–E (Southeastern Electric increased groundwater contamination these various non-CCR wastestreams, Reliability Council-East), SERC–N from continued use of these units. 80 FR capacity may mean different things in (Southeastern Electric Reliability 21423, April 17, 2015. As it did for CCR different contexts. For other non-CCR Council-North), and MISO in the 2015 CCR rule, this same concern wastestreams, capacity may mean the (Midcontinent Independent System would apply to non-CCR wastestreams capacity to handle daily volumes of Operator)), minor impacts in three if the CCR unit were unavailable for use wastewater flowing between areas of the NERC regions (ERCOT (Electric and the community was left without facility. Thus, EPA is proposing to Reliability Council of Texas), PJM, and power for an extended period of time. provide a definition of capacity for the SERC–SE (Southeastern Electric EPA solicits comment on ways to new section 257.103(b) which would be Reliability Council-South East)), and no evaluate whether sustained loss of a basis for qualifying for the exemption. impacts in remaining NERC regions. power to community will occur. EPA solicits comment on the proposed The analysis considered substantial Based on the appendix provided in use of this definition, as well as whether impacts to be those where peak demand the December 12, 2016 letter from any additional clarification is may not be met without shedding load USWAG, these non-CCR wastestreams warranted. and/or relying on imports. Minor can range from insignificant (e.g., 300 The differences discussed above also impacts were those where reserves may gallons per day for Company C’s demonstrate why various non-CCR fall below FERC standards. polisher regeneration waste) to massive wastestreams may require more simple (e.g., 47.99 million gallons per day for or more complex alternative capacity. EPA Proposal Company C’s stormwater). However, This can impact the amount of time EPA is not proposing to modify the volumes alone do not adequately necessary to construct or otherwise alternative closure provisions of explain the difficulties that facilities locate that capacity. In the December 12 § 257.103(a) and will not respond to may face. Some volumes are discharged USWAG letter, timeframes to construct comments on those provisions. EPA is to surface waters without treatment, and alternative capacity varied from 1.75 to however, proposing to add a new may be more amenable to alternative 7 years. To achieve closure in the fastest paragraph (b) to allow facilities to capacity or recirculation at the facility. practicable timeframe, owners and qualify for the alternative closure For example, cooling water operators of facilities should transition provisions based on the continued need wastestreams may be recirculated.13 each non-CCR wastestream to to manage non-CCR wastestreams in the Such wastestreams may be manageable alternative capacity as such capacity unit. EPA is also not proposing to through simple modifications of plant becomes available. Thus, EPA is modify the alternative closure water flows and/or use of other existing considering adding a condition requirements of § 257.103(b) and will capacity. However, other non-CCR requiring the facility to demonstrate that not respond to comments on those wastestream volumes are treated in the it lacks alternative capacity for each provisions (although EPA is proposing CCR surface impoundments through wastestream that continues to be to redesignate § 257.103(b) as (c) as settling of suspended solids to meet managed under the alternative closure stated below). EPA is however, Clean Water Act permits. For example, provisions and seeks comment on the proposing to add a new paragraph (b) in coal pile runoff may be treated through proposed regulatory text. Under this this section to allow facilities to qualify settling in surface impoundments before proposed condition, any waste stream for the alternative closure provisions being discharged.14 These non-CCR for which that finding cannot be made based on the continued need to manage wastestream volumes may require some may not be managed in the unit. This non-CCR wastestreams in a CCR unit level of pond or tank treatment that condition would apply not only to the that will cease operation of its coal-fired would not be sufficient in other original determination, but to any boilers within timeframes specified in existing, or easily constructible subsequent determinations. Under the the rule. Thus the facility, if it met the technology. Finally, some waste streams existing terms of the current regulation, conditions, would be allowed to manage are primarily solids being sluiced for the ability to continue to use the unit both CCR and non-CCR waste streams in disposal, and require a long-term, lasts only as long as no alternative the unit. EPA is also proposing to permanent resting place of sufficient capacity is available. Once the redesignate existing paragraphs (b) and cumulative volume. For instance, alternative capacity is identified, the (c) as paragraphs (c) and (e), pyrites at some power plants are owner or operator must arrange to use respectively, and make conforming combined with bottom ash in sluice such capacity as soon as feasible. changes to this paragraph to reflect the conveying systems to ponds for their Section 257.103(a)(2)(ii). In addition, non-CCR waste streams. ultimate disposal. This wastestream the current regulation requires the As noted previously, currently the may continue to be sluiced, in which facility to annually document the alternative closure provisions remain continued lack of alternative capacity unavailable for non-CCR wastestreams. 13 ASHRAE (American Society of Heating, and the progress towards the The current regulation is explicit that Refrigeration, and Air-Conditioning Engineers, development of alternative capacity. the alternative closure provisions only Inc.). 2012. Water/Electricity Trade-Offs in Section 257.103(a)(2)(iii). EPA is Evaporative Cooling, Part 2: Power Plant Water Use. allows for continued disposal of CCR, Available online at https://www.ashrae.org/ proposing to clarify that these and therefore facilities must continue to File%20Library/docLib/Journal%20Documents/ comply with the current rule until an 2012January/065-068_Emerging.pdf. 15 McDonough, Kevin L. 2014. Coal Ash amendment is finalized. 14 TVA (Tennessee Valley Authority) and U.S. Management: Understanding Your Options. Power EPA (Environmental Protection Agency). 1979. Engineering. February 14. Available online at: EPA is proposing this exemption Characterization of Coal Pile Drainage: Interagency http://www.power-eng.com/articles/print/volume- because substantial volumes of non-CCR Energy/Environment R&D Program Report. EPA– 118/issue-2/abma-special-section/coal-ash- wastestreams are generated at power 600–7–79–051. February. management-understanding-your-options.html.

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conditions apply to each individual First, the assumption that all unlined to regional reliability issues. For waste stream that will continue to be surface impoundments leak above the instance, in 2012 the GAO (Government managed in the unit and seeks comment groundwater protection standard is Accountability Office) found that 18 on this approach. contrary to EPA’s 2014 risk assessment. percent of coal-fired capacity in the In developing this provision, EPA This conclusion is further bolstered by Midwest could retire.18 Although the relied on information from commenters the final risk assessment which showed GAO concluded that EPA regulations to determine that this five-year period that even input porewater were not expected to pose widespread was feasible. The December 12, 2016 concentrations from some surface concerns, it did find that these USWAG letter provides construction impoundments were below the regulations could contribute to timeframes for a further 10 alternative groundwater protection levels. Thus, the challenges in some regions. Similarly, disposal methods. All but one of these assumption that all surface NERC reviewed the potential reliability methods takes less than five years to impoundments leak above groundwater effects of combined EPA regulations on construct. It appears these timeframes protection standards is worst-case rather the power sector in 2010 and 2011.19 20 are therefore generally consistent with than a best estimate. In those long-term reliability analyses, the timeframes on in the existing Similarly, not all unlined CCR units NERC made several recommendations. regulation; however, EPA solicits manage non-CCR wastestreams. Rather NERC recommended that EPA defer comment on alternative technologies than use either the non-CBI compliance targets and grant extensions and associated construction timeframes (confidential business information) data where there is a demonstrated reliability that have the potential to impact this available from the 2010 Office of Water need. NERC also recommended that period. (OW) questionnaire or some other industry make investments to retrofit or As noted previously, USWAG industry-provided data set, EEI has replace capacity that might be affected submitted an executive summary of an assumed that all unlined CCR units also by (at the time) forthcoming EPA EEI reliability analysis. EPA manage non-CCR wastestreams. A quick regulations. understands that this analysis indicates scan of the information available in the While the NERC and GAO reports that in some instances there may be an non-CBI OW questionnaire reveals both took account of numerous EPA impact on electric reliability caused by dozens of CCR surface impoundments regulations that have since been stayed, surface impoundment closure. that do not receive non-CCR EPA nevertheless acknowledges that the Consequently, EPA is proposing to limit wastewaters.16 impacts of environmental regulations the new alternative closure Third, the assumption that no facility can potentially affect reliability when requirements to facilities that have the could construct alternative capacity deadlines are not flexible. As a result, potential to impact electric reliability. within the time frames in the current EPA is considering restricting the Specifically, EPA is proposing to limit regulation is contrary to other alternative closure provisions to the expanded exemption to facilities in information presented in the USWAG facilities in the NERC regions and sub- one of the three FERC regions that the letter. This letter documents several regions showing the potential for EEI analysis concludes are likely to alternative disposal methods that take substantial impacts in the EEI report. suffer substantial reliability impacts. only two or three years to construct. It The three regions are MISO, SERC–E, EPA notes that the EEI executive thus appears to generally be feasible for and SERC–N. For facilities that are summary cautioned: facilities with knowledge of leaking located in, or regularly provide the ‘‘Those reviewing the EEI findings should units to begin and complete the majority of generated electricity to, recognize that our findings were not part of construction of these ponds, tanks, and those regions, the facilities may qualify any detailed planning study and provide a other capacity in the time that the rule for the alternative closure provisions very high level review of possible worst case lays forth for closure to commence. If due to non-CCR wastestreams provided impacts on a regional level.’’ the facilities that believe that their units the other requirements are met.21 EPA Although EPA was able to review are leaking, or likely leaking, had notes that to demonstrate that a facility only the executive summary of this already begun this construction when regularly provides the majority of its analysis, and therefore cannot draw they first learned of the regulatory generated electricity to one of these definitive conclusions, EPA agrees that requirements, many would be nearing regions, it is not necessary that the these impacts appear to be worst-case completion as of this rulemaking. facility provide such quantities with a for several reasons that were clear from When taken as a whole, these worst- high frequency. For instance, if a facility the executive summary alone. First, the case assumptions result in an analysis outside of one of these regions only EEI analysis assumes that all unlined may overestimate the effects to the provided a majority of its generation to CCR impoundments leak above the electricity grid. In EPA’s final rule that region during peak times in groundwater protection standards and Regulatory Impact Analysis (RIA),17 summer months, the fact that this is the CCR units would have to be closed EPA modeled electricity impacts using for cause. Second, the analysis assumes the Integrated Planning Model (IPM). 18 GAO (Government Accountability Office). that non-CCR wastestreams were being This model exercise showed minimal 2012. EPA Regulations and Electricity: Better retirements or effects on total capacity Monitoring by Agencies Could Strengthen Efforts to managed in all of those CCR Address Potential Challenges. GAO–12–635. July. impoundments. Third, the analysis over the timeframe modeled. However, 19 NERC (North American Electric Reliability assumes that alternative capacity for while the EEI analysis may be an Corporation). 2010. Special Reliability Scenario those non-CCR wastestreams could not overestimate of impacts on reliability, Assessment: Potential Resource Adequacy Impacts be found or constructed within the six- other entities have found that the of U.S. Environmental Regulations. October 5. combination of several environmental 20 NERC (North American Electric Reliability month period for closure to commence. Corporation). 2011. Potential Impacts of Future Finally, the analysis assumes that the regulations may nevertheless contribute Environmental Regulations. November. lack of capacity would cause the 21 EPA estimates that the percentage of facilities associated coal boilers to cease 16 Available online at: https://www.epa.gov/eg/ located in the three NERC Assessment Areas steam-electric-power-generating-effluent-guidelines- showing the potential for substantial impacts is operation. EPA considered each of these questionnaire. approximately 40 to 48 percent. This is based on assumptions to be worst-case as 17 See docket item EPA–HQ–RCRA–2009–0640– the number of facilities with publically accessible explained below. 12034, available at https://www.regulations.gov. websites.

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done regularly, year after year, would be facilities even in the absence of a been established (see § 258.55(i) and (j)); sufficient. regulatory entity to implement or (2) The State Director may determine EPA solicits comment on the proposal oversee them. EPA in establishing these that remediation of a release of an to limit the exclusion under proposed national minimum criteria had to show Appendix IV constituent is not new paragraphs (b) and (d) of § 257.103 through its rulemaking record that the necessary under certain conditions (see for non-CCR wastestreams to the three final rule would achieve the statutory § 258.57(e) and (f)); (3) The State specific NERC regions and sub-regions standard of ‘‘no reasonable probability Director may determine that that have a demonstrated reliability of adverse effects on health or the groundwater monitoring requirements need. Without the EEI analysis, EPA can environment’’ at all sites subject to the under §§ 257.91–257.95 may be only conservatively assume, as industry standards. This means that the suspended if there is evidence that there does, that the three regions and sub- standards must be protective of all sites, is no potential for migration of regions showing substantial impacts in including the most highly vulnerable hazardous constituents to the the EEI analysis have such a sites. The statute provided no uppermost aquifer during the active life demonstrated need. EPA also solicits mechanism for site specific flexibility as of the unit and post-closure care (see comment on the appropriateness of in the MSWLF program in part 258. § 258.50(b)); (4) The State Director may allowing facilities outside a NERC However, in 2016 Congress amended specify an alternative length of time to region to qualify if they provide RCRA to establish a permit program demonstrate that remedies are complete electricity to that region, as well as other analogous to that established for (see § 258.58(e)(2)); (5) The State reasonable standards for determining MSWLFs. See Unit II.B for additional Director may modify the length of the which facilities qualify. detail. Under these new provisions, post-closure care period (see States may now apply to EPA for IV. What amendments associated with § 258.61(b)); and (6) The State Director approval to operate a permit program to the WIIN Act is EPA proposing? may decide to certify that the regulatory implement the CCR rule. As part of that criteria have been met in lieu of the During the rulemaking for the current process, a State program may also exclusive reliance on a qualified regulations for CCR in 40 CFR part 257, establish alternative State technical professional engineer. These part 258 EPA received numerous comments standards, provided EPA has provisions in the MSWLF regulations requesting that EPA adopt alternative determined they are ‘‘at least as were adopted based solely on a finding performance standards that would allow protective as’’ the CCR regulations in that they would protect human health state regulators (or facilities) to ‘‘tailor’’ part 257. 42 U.S.C. 6945(d)(1)(B), and the environment, which is not the requirements to particular site 6945(d)(1)(C). appreciably different from the standard conditions. Many requested EPA adopt In light of the legislation, EPA under RCRA section 4004(a). See, 75 FR particular performance standards found returned to the existing 40 CFR part 258 35193 (June 21, 2010). Thus, in in EPA’s municipal solid waste landfill regulations to evaluate the performance proposing these flexibilities, EPA (MSWLF) regulations in 40 CFR part standards that rely on a state permitting believes that the statutory standard 258. As discussed in the preamble to the authority. EPA evaluated whether there under RCRA section 4004(a) is met. final 1991 rule establishing the part 258 was sufficient evidence in the record for In addition, under the WIIN Act, EPA requirements, EPA incorporated the those regulations to support is the permitting authority for CCR units concept of ‘‘differential protection of incorporating either the part 258 located in Indian County. EPA would groundwater’’ as a basis for allowing MSWLF provision or an analogue into also serve as the permitting authority for regulatory flexibility depending on the the part 257 CCR regulations. One CCR units located in nonparticipating quality of the groundwater source.22 complication is the statutory standard states subject to a Congressional Although the CCR rule was largely for the part 258 regulations is different appropriation to carry out that function. modeled on the MSWLF regulations, as than the standard for the CCR EPA is proposing that where it is the explained in both the proposed and regulations. The CCR regulations are permitting authority, it will have the final rules, under the statutory based on RCRA section 4004(a), which same authority as the Director in an provisions relevant to the CCR rule, EPA requires the regulations to ensure ‘‘there approved or participating state to apply lacked the authority to establish a is no reasonable probability of adverse the alternative performance standards. program analogous to part 258, which effects on health or the environment In order to make this clear, EPA is relies on approved states to implement from disposal of solid waste at such proposing to revise the definition of the federal criteria through a permitting facility.’’ 42 U.S.C. 6944(a). By contrast, State Director in § 257.53 to clarify that program. In the absence of a mandated EPA was authorized to ‘‘take into the term ‘‘State Director’’ includes EPA state oversight mechanism to ensure account the [facility’s] practicable where EPA is the permitting authority that the alternative standards would be capability’’ in developing the part 258 (that is on Tribal lands and in technically appropriate, EPA concluded regulations. 42 U.S.C. 6949a(c). As a nonparticipating states if EPA were to it could not adopt many of the ‘‘more consequence, the rulemaking record for receive appropriations specifically for flexible’’ performance standards in part some part 258 provisions may not fully the purpose of issuing permits). EPA 258 that commenters requested. support a determination that a seeks comment on this approach or on As fully explained in the preamble to particular provision meets the RCRA the alternative of adding the words ‘‘or the April 2015 CCR rule, the statutory section 4004(a) standard or will be ‘‘at EPA where it is the permitting structure established by Congress least as protective’’ as EPA’s CCR authority’’ to each of the proposed requires EPA to establish national regulations. flexibilities. minimum criteria that ensure there is Based on the results of this Further EPA is considering further ‘‘no reasonable probability of adverse evaluation, EPA is proposing to adopt modifications to these provisions, effects on health or the environment.’’ several provisions modeled after the analogous to the 2010 proposal, and is States may, but are not required to adopt following in part 258: (1) The State seeking comment on whether it is or implement these criteria; thus the Director may establish alternative risk- appropriate and consistent with the national minimum criteria apply to all based groundwater protection standards WIIN Act for these alternative for constituents for which Maximum performance standards to apply directly 22 56 FR 50978, 50995–96 (Oct. 9, 1991). Contaminant Levels (MCLs) have not to a facility in a nonparticipating State

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on the basis that the units in the facility or owner operator should be therefore, the only ones that fall under nonparticipating states are subject to required to post the specific details of this proposal) are cobalt, lead, oversight by EPA through the the modification of the performance molybdenum and lithium. Boron, which enforcement authorities provided standard to the facility’s publically is proposed for addition to Appendix directly to EPA under the WIIN Act. As accessible website or require any other IV, also does not have an MCL. First, discussed below, EPA seeks comment recordkeeping options. these are ‘‘health based levels,’’ which on alternatives for implementing such Finally, as described in Unit IV.G means that the only relevant flexibilities, for example, through below, EPA is proposing one consideration is whether the alternate appropriate detailed technical analyses, modification to the closure section in a standard will protect potential receptors certification(s) by an independent certain situation to allow the use of CCR (both human and environmental); costs professional engineer (or other in construction of the cover system. or any similar considerations may not appropriate technical expert or experts), A. Alternative Risk-Based Groundwater be considered. In addition, 40 CFR reliance on state ground water Protection Standards 258.55(i) specifies that all of the standards, notifications to EPA, posting following criteria must be met: (1) The on the facility’s publically available The current regulations at § 257.95(h) level is derived in a manner consistent website, etc. require the CCR unit owner or operator with Agency guidelines for assessing the In addition, EPA is seeking comment to set the groundwater protection health risks of environmental pollutants on whether it would be appropriate and standard (GWPS) at the MCL or (51 FR 33992, 34006, 34014, 34028, consistent with EPA’s authority for an background for all constituents from Sept. 24, 1986); (2) The level is based on approved State or EPA in a Appendix IV to part 257 that are scientifically valid studies conducted in nonparticipating state, or an owner or detected at a statistically significant accordance with the Toxic Substances operator subject to EPA oversight, to level above background. The GWPS Control Act Good Laboratory Practice establish alternative, risk-based location must be set at the MCL for all Appendix Standards (40 CFR part 792) or the restrictions in lieu of the location IV constituents for which there is a equivalent; (3) For carcinogens, the level restrictions found at §§ 257.60–257.64. promulgated level under section 1412 of represents a concentration associated For example, in the 2010 proposed CCR the Safe Drinking Water Act. If no MCL with an excess lifetime cancer risk level rule, EPA proposed a location exists for a detected constituent, then (due to continuous lifetime exposure) restriction requiring demonstration that the GWPS must be set at background. In within the 1×10¥4 to 1×10¥6 range; and a CCR unit be located a minimum of two cases where the background level is (4) For systemic toxicants (i.e., feet above the upper limit of the natural higher than the promulgated MCL for a chemicals that cause effects other than water table.23 The final rule changed the constituent, the GWPS must also be set cancer), the level represents a requirement to five feet above the at the background level. concentration to which the human uppermost limit of the uppermost In the 2010 proposal, EPA proposed population (including sensitive aquifer.24 An owner or operator could allowing an owner or operator to subgroups) could be exposed to on a also satisfy the location restriction by establish an alternative GWPS for daily basis that is likely to be without demonstrating the absence of an constituents for which an MCL has not appreciable risk of deleterious effects intermittent, recurring, or sustained been established provided that the during a lifetime. For purposes of this hydraulic connection between the CCR alternative GWPS has been certified by subpart, systemic toxicants include unit and the uppermost aquifer.25 EPA an independent registered professional toxic chemicals that cause effects other seeks comment on whether a State, or engineer and placed in the operating than cancer or mutation. an owner/operator through a detailed record and on the owner’s or operator’s The Agency is proposing to allow technical analysis or certification(s) by publicly available website. In finalizing participating states to set an alternative an independent professional engineer the GWPS requirements, EPA declined groundwater protection standard that is (or other appropriate technical expert or to allow a qualified professional largely based on the four criteria experts), could establish alternative engineer to establish alternative GWPS specified in this part 258 provision. location restrictions that would satisfy because EPA determined it was However, the criteria specified under the standard in RCRA section 4004(a). ‘‘inappropriate in a self-implemented the proposed revisions to § 257.95(h) EPA also seeks comment on whether the rule, as it was unlikely that a facility would not be identical to those in 40 October 17, 2018 compliance deadline would have the scientific expertise CFR 258.55(i). Rather EPA is proposing for the location restrictions at necessary to conduct a risk assessment, to use modified criteria in the CCR rule §§ 257.60–257.64 is appropriate in light and was too susceptible to potential that would account for more recent of the WIIN Act or whether an abuse.’’ 26 science policies and for the specific alternative deadline, either through a In this rulemaking EPA is proposing characteristics of these wastes. EPA permit program established under the to adopt a provision analogous to 40 requests comments on the use of the WIIN Act or one that applies directly to CFR 258.55(i), the regulations modified criteria for CCR. These the facility itself during an interim applicable to MSWLFs. Under the proposed modifications are described period, would be more appropriate to existing part 258 provision, the Director below. facilitate implementation of the WIIN of a state permitting authority in a state As in the part 258 MSWLF regulation, Act and any changes as a result of this with an approved MSWLF permitting EPA is proposing to allow the Director rulemaking. program may establish an alternative of a state with an EPA-approved CCR Moreover, for any adopted site GWPS for constituents without an MCL, permitting program (and EPA where it specific performance standards provided that it is an appropriate is the permitting authority) to establish (whether approved by the State, EPA, or health-based level established in an alternative GWPS ‘‘health-based implemented by the facility itself), EPA accordance with the specific criteria in level’’ for constituents without an MCL. is requesting comments on whether the this regulation. The only constituents Consistent with part 258, this listed in Appendix IV of the final CCR alternative GWPS is to be a health-based 23 75 FR 35128, 35241 (June 21, 2010). rule that currently have no MCL (and standard that will be protective of 24 80 FR 21302, 21471–72 (April 17, 2015). potential receptors (both human and 25 Id. 26 80 FR at 21405 (April 17, 2015). ecological) and is not based on any non-

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risk based factors, such as the cost to standard to be derived in a manner establish the alternative GWPS, with a achieve that standard. EPA is proposing consistent with Agency guidelines. hazard quotient (HQ) of 1 as the upper to adopt these provisions without However, some of the guidelines cited bound on risk. This is the same change. As an alternative, similar to the in part 258 have since been replaced or methodology used to establish the language in the 2010 proposal for supplemented. Therefore, EPA is technical criteria in the existing CCR § 257.95(h), EPA is also considering proposing to replace the citations with regulation. Reliance on his methodology further modifying this provision and is the updated versions. Specifically, EPA is also reasonable in this regulation as seeking comment as to whether an is proposing to cite to the it ensures that this provision (and any alternative risk-based GWPS could be Supplementary Guidance for alternative GWPS under this provision) established by an independent technical Conducting Health Risk Assessment of will meet the requisite statutory expert or experts (where there is no Chemical Mixtures,27 which standards. Some examples of approved permitting authority, that is in supplements 51 FR 34014 (September groundwater values consistent with a ‘‘nonparticipating state’’). That 24, 1986); the Guidelines for these requirements (indeed all of the expert(s) would be required to derive Developmental Toxicity Risk proposed requirements) are Action the standard in a manner consistent Assessment,28 which amends 51 FR Levels promulgated under the Safe with Agency guidelines (as described 34028 (September 24, 1986); and the Drinking Water Act and the Regional below); however, that alternative Guidelines for Carcinogen Risk Screening Levels for Chemical standard could be implemented by the Assessment,29 which amends 51 FR Contaminants at Superfund Sites.31 EPA facility without the intervention of a 33992 (September 24, 1986). In requests comment on this approach. permitting authority, for example, addition, EPA proposes to add the In addition, EPA is considering through the use of a certified technical guidance on deriving a reference dose, requiring that for systemic toxicants expert(s) or by reliance on state Reference Dose (RfD): Description and (i.e., for chemicals that cause effects 30 groundwater standards or other risk- Use in Health Risk Assessments. other than of deleterious effects during based approach. EPA seeks comment on These are the current guidance a lifetime. This is largely the same as the this approach and whether such an documents that are most relevant to the current part 258 requirement; however approach would satisfy the underlying constituents of concern for the wastes at cancer), the alternate level represents a statutory requirement of no reasonable issue. EPA seeks comment on this concentration to which potential probability of adverse effects on health proposal. receptors (including sensitive or the environment from disposal of EPA is also proposing to adopt, subgroups) could be exposed to on a without modification, the part 258 solid waste at such a facility and daily basis that is likely to be without provision that requires the alternative whether the new authorities provided to appreciable risk, EPA seeks comment on standard to be based on scientifically EPA in the WIIN Act for oversight and whether it should revise the relevant valid studies conducted in accordance enforcement make such an approach target from ‘‘human population’’ to with the Toxic Substances Control Act feasible and adequate to address the ‘‘potential receptors.’’ concerns EPA identified in the preamble Good Laboratory Practice Standards (40 Although this proposed rulemaking to the 2015 CCR rule that an owner or CFR part 792) or the equivalent. EPA requests comment on this approach. sets a target risk based on a risk range operator would not be expected to have × ¥4 × ¥6 the requisite experience necessary to EPA is proposing to adopt, with of 1 10 to 1 10 for carcinogens conduct a risk assessment and that such modifications, the part 258 provisions and an HQ = 1 for non-carcinogens, an approach would be susceptible to specifying that the alternative standard States would not be precluded from abuse. Depending on the comments is set at a level that is associated with setting more stringent standards. The received and EPA’s analysis thereof, an excess lifetime cancer risk within the existing regulation in 40 CFR 258.55(j) ¥ ¥ EPA may ultimately adopt such an 1 × 10 4 to 1 × 10 6 range for identifies three other site-specific approach. carcinogens and that is likely to be factors that may indicate the need to The current § 257.95 establishes the without appreciable risk of deleterious establish a risk level for a particular requirements for an assessment effects from daily exposures for contaminant that is more protective monitoring program, including a series systemic toxicants. For carcinogens, than these levels. These are: (1) The of 90-day time periods in which an EPA is also proposing to require that presence of multiple contaminants in owner or operator has to perform the States use a cancer slope factor to the groundwater; (2) exposure threats to required analysis and demonstrations. establish the alternate GWPS within the sensitive environmental receptors; and The 90-day time periods are based on relevant risk range. For non- (3) other site-specific exposure or similar requirements and time periods carcinogens, EPA is proposing to require potential exposure to groundwater. in the part 258 requirements. However, that States use a reference dose to These factors are equally relevant to EPA seeks comment on whether 90 days CCR facilities, and so EPA is proposing is an appropriate time period for the 27 USEPA, ‘‘Supplementary Guidance for to incorporate them without any assessment monitoring requirements for Conducting Health Risk Assessment of Chemical modifications. EPA requests comment Mixtures’’, EPA/630/R–00/002, August 2000. This on this approach. CCR in light of the WIIN Act or whether document can be accessed at https://cfpub.epa.gov/ alternative time periods, e.g., 120 days ncea/risk/recordisplay.cfm?deid=20533. Because any alternate GWPS will be or 150 days, are necessary to perform 28 USEPA, ‘‘Guidelines for Developmental based on established risk levels, it is the required analysis and Toxicity Risk Assessment’’, EPA/600/FR–91/001, reasonable that a state may set a level demonstrations for CCR and whether December 1991. This document can be accessed at above background so long that it is https://cfpub.epa.gov/ncea/risk/recordisplay.cfm such alternative time periods would be ?deid=23162. equal to or lower than this alternate more appropriate to facilitate 29 USEPA, ‘‘Guidelines for Carcinogen Risk threshold. Thus, any alternate GWPS implementation of the WIIN Act and Assessment’’, EPA/630/P–03/001F, March 2005. that meets the requirements specified in any changes as a result of this This document can be accessed at https:// this proposal would still protect rulemaking. www.epa.gov/risk/guidelines-carcinogen-risk- assessment. potential receptors from the reasonable EPA is also proposing to adopt the 30 This document can be accessed at https:// part 258 provision that requires an www.epa.gov/iris/reference-dose-rfd-description- 31 This document can be accessed at https:// alternative groundwater protection and-use-health-risk-assessments. www.epa.gov/risk/regional-screening-levels-rsls.

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maximum exposures identified in the modification. EPA is proposing that a clean-up requirements where the final risk assessment. State Director may, on a site-specific groundwater is already contaminated by basis, decide not to require cleanup of multiple sources and clean-up of the B. Modification to Corrective Action part 257 Appendix IV constituents CCR release would provide no Remedy released to groundwater from a CCR significant reduction of risk. In some Once corrective action is triggered, disposal unit where: (1) The cases, CCR units releasing part 257 the current regulations at § 257.97 groundwater is contaminated by Appendix IV constituents to the require the CCR unit owner or operator multiple sources and cleanup of the groundwater may be located in areas to select a remedy for corrective action. CCR release would provide no that already are significantly In addition, § 257.98 requires the CCR significant reduction of risk; or (2) the contaminated by other sources. Where unit owner or operator to begin contaminated groundwater is not a releases from the CCR units are minor implementing that remedy within 90 current or potential source of drinking compared to the overall area-wide days of remedy selection. water and is not hydraulically contamination, or where remedial EPA is proposing to adopt a provision connected with waters to which the part measures aimed at the CCR unit would analogous to 40 CFR 258.57(e) for 257 Appendix IV constituents are not significantly reduce risk, EPA municipal solid waste landfills migrating or likely to migrate in a believes that remediation of releases (MSWLF). This part 258 provision concentration(s) that would exceed the from the CCR unit would not be allows the Director of a state permitting groundwater protection standards; or (3) necessary or appropriate. Proposed authority in participating states to remediation is not technically feasible; § 257.97(f) is intended to address such determine that remediation of a release or (4) remediation would result in cross- situations. of an Appendix II to part 258 media impacts. In part 258, an owner or Section 258.57(e)(1) applies only constituent from a MSWLF unit is not operator is not required to undertake where sufficient evidence exists that the necessary if the owner or operator can source control measures unless ordered groundwater is contaminated by a make certain demonstrations to the by a State Director to do so. Although source other than the CCR unit. In such satisfaction of the Director. Specifically, today’s proposal includes § 257.97(g), cases, the owner or operator must § 258.57(e) specifies that the Director which would make source control demonstrate that cleanup of a release may determine that remediation is not measures mandatory in a departure from from its unit would provide no necessary if the owner or operator part 258, EPA is considering making the significant reduction in risk to receptors demonstrates to the satisfaction of the source control measures for CCR units due to concentrations of constituents Director of a participating State that: discretionary, similar to part 258, and from the other source. EPA has (1) The groundwater is additionally seeks comment on this approach. For previously characterized this provision contaminated by substances that have example, while the Director may as requiring facilities to make a robust originated from a source other than a determine that total remediation is not demonstration that other sources are MSWLF unit and those substances are required, EPA seeks comment on significant contributors to the present in concentrations such that whether source control measures (e.g., contamination; this provision is not cleanup of the release from the MSWLF covers and/or flow control measures or intended to provide facilities with a unit would provide no significant closure, if triggered by § 257.101(a)–(c)) general opportunity to seek a waiver reduction in risk to actual or potential to minimize or eliminate further from the existing cleanup requirements under part 257. receptors; or releases could not be waived. In other The Agency is not proposing to define (2) The constituent is present in words, EPA seeks comment on whether groundwater that: ‘‘significant reductions’’ in risk in this a State or EPA as the permitting rulemaking, but consistent with the a. Is not currently or reasonably expected authority in a nonparticipating state, or to be a source of drinking water; and MSWLF rules, believes the decision is a facility directly implementing the best made on a case-by-case basis by the b. Is not hydraulically connected with requirements of this rule and subject to waters to which the hazardous constituents State. The Agency understands and EPA oversight and public notice, should anticipates that states may have are migrating or are likely to migrate in a have discretion not to require or concentration that would exceed the difficulties in defining ‘‘significant groundwater protection standards; or perform source control measures, reduction of risk’’ but expects that (3) Remediation of the release is including closure, in certain situations, States will be able to draw from their technically infeasible; or e.g., where there is no reasonable experience in implementing the (4) Remediation would result in probability of adverse effect to human analogous requirement in § 258.57(e)(1). unacceptable cross-media impacts. health or the environment. In addition, Consistent with that provision, Part 258 also states that even if the partial remediation of groundwater to participating states should take a Director of a participating state does concentrations that are technically protective approach when evaluating determine that remediation of the feasible and that significantly reduce requests for such a waiver. As one release is not necessary, this shall not risks would also be required. EPA also potential example, EPA considers that affect the authority of the State to seeks comment on this proposed where the facility could document that require the owner or operator to approach. EPA describes each of these the risks to potential receptors from undertake source control measures or in further detail below. Under part 258, non-CCR constituents would still other measures that may be necessary to these provisions are discretionary. exceed acceptable levels of concern (i.e., eliminate or minimize further releases Depending on the comments EPA risks greater than 1 × 10¥4 to 1 × 10¥6 to the groundwater, to prevent exposure receives, EPA may modify the proposed for carcinogens, or an HQ greater than to the groundwater, or to remediate the requirements at § 257.97 to more closely 1 for non-carcinogens) even if all CCR groundwater to concentrations that are reflect the source control measures constituents had been removed, the technically practicable and significantly contained in part 258. If EPA makes any facility could demonstrate there would reduce threats to human health or the such changes to § 257.97, it may also be no significant reduction of risk from environment. 40 CFR 258.57(f). make conforming changes to § 257.101. remediation of the CCR constituents. EPA is proposing to adopt this same As noted, the Agency is proposing However, EPA solicits comment on provision into part 257 with one that participating states may waive the whether there are additional criteria that

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would be useful in further defining the uppermost aquifer is not hydraulically As noted, EPA is generally relying on proposed regulatory provision under connected with a lower aquifer. The the factual record developed for the part § 257.97(f)(1), e.g., criteria that states owner or operator may nevertheless 258 regulations to support this rule. have used in implementing the seek an exemption if it can be However, the record for that rule does analogous provision in part 258. demonstrated that attenuation, not contain information that would Under proposed § 257.97(f)(2), the advection/dispersion or other natural demonstrate that removing the existing State may also determine that a processes can remove the threat to regulatory requirement that all CCR hazardous constituent that has been interconnected aquifers. The owner or units impose source control would meet released from a CCR unit to operator may also seek the latter the RCRA section 4004(a) protectiveness groundwater does not pose a threat to exemption if the contaminated zone is standard. These existing CCR human health and the environment and, not a current or potential drinking water requirements were established to therefore, does not require remediation source. address the well-documented risks if: (1) The groundwater is not a current associated with CCR units, as detailed EPA is also proposing under or potential source of drinking water in the risk assessment and the numerous § 257.97(f)(3) and (4) to allow the State and (2) the groundwater is not damage cases in the rulemaking to determine that remediation of a hydraulically connected with waters record.34 The part 258 regulations apply release is not required when that could be a current or potential only to landfills, while the CCR remediation is not technically feasible source of drinking water or are not regulations apply to both landfills and or when remediation presents likely to migrate in a concentration(s) surface impoundments, the latter being unacceptable cross-media impacts. Such that would exceed the groundwater of particular concern. Surface a determination may be made, for protection standards established under impoundments by their very nature example, in some cases where the § 257.95(h). EPA generally interprets pose a potential for releases to nature of the hydrogeologic setting this to require a determination that the groundwater that is different than would prevent installation and quality of the water in the aquifer is landfills (e.g., presence of a hydraulic operation of an effective groundwater such that it could not reasonably be head) that may impact the importance of pump and treat system (or other expected to be used as drinking water, source control for these types of units. effective cleanup technology), e.g., even if treated to remove the As discussed above, EPA requests where the installation and operation of contaminants. The provision does not comment on whether the proposal is such a system could potentially increase allow a waiver on the grounds that the appropriate, and whether the record for environmental degradation by cost of treating the water to remove the either the existing CCR rule or the part introducing the contaminant into contaminants is too high. EPA realizes 258 rules includes information, or groundwater that was not previously that it is difficult to predict future whether other information exists, to affected by the release. Additional improvements in treatment support adoption of the more flexible examples of factors that may affect the technologies, or to determine hydraulic corrective action provision based on efficacy of groundwater remediation can connection. In interpreting whether the part 258 for CCR units, which could be found in EPA Guidance for aquifer meets these regulatory criteria, allow an owner or operator to undertake Evaluating the Technical States may use the approach outlined in corrective action for unlined surface Impracticability of Ground-Water the Agency’s Ground-Water Protection impoundments in lieu if closure. Restoration (OSWER Directive 9234.2– Strategy (August 1984) as guidance.32 Depending on comments received, EPA 25, September 1993).33 The Agency is As described in this guidance, typically may revise this provision to more specifically soliciting comment on the Class III groundwaters will be closely reflect the existing source types of situations that might warrant a considered to meet the requirements control and corrective actions determination that remediation of a specified in § 257.97(f)(2). Class III requirements in part 258 that would release is technically impracticable or groundwaters are groundwaters not allow source control, including closure, presents unacceptable impacts and considered potential sources of drinking to be discretionary in certain situations. would not, therefore, be required. water. They are groundwaters with high C. Modification of Groundwater salinity, total dissolved solids levels A successful demonstration that Monitoring Requirements over 10,000 mg/l, or are otherwise remediation is not technically feasible The current regulations at § 257.90 contaminated beyond levels that allow must document specific facts that require all CCR units, without cleanup using methods reasonably attribute to this demonstration. exception, to comply with the employed in public water system Technical infeasibilities may be related groundwater monitoring and corrective treatment. These groundwaters also to the accessibility of the groundwater action requirements of §§ 257.90– must not migrate to Class I or II to treatment, as well as the treatability 257.98. The final CCR rule at groundwaters or have a discharge to of the groundwater using existing § 257.91(a)(2) requires the installation of surface water that could cause treatment technologies. If the owner or groundwater monitoring wells at the degradation. The need to remediate operator can demonstrate that unacceptable cross-media impacts are waste boundary of the CCR unit. Class III groundwaters should be EPA is proposing to adopt a provision assessed on a case-by-case basis. Under uncontrollable under a given remedial option (e.g., movement in response to analogous to 40 CFR 258.50(b), which the second criterion, the owner or allows the Director of an approved operator must also demonstrate that the groundwater pumping) and that the no action option is a less risky alternative, participating state to suspend the groundwater monitoring requirements 32 then the Director of approved In addition to federal guidance, EPA is aware under § 258.51 through § 258.55 if the that States may currently use different or more participating state may determine that sophisticated groundwater classification systems. In remediation is not necessary. the preamble to the October 9, 1991 Final Rule 34 For example, risk estimates for unlined surface promulgating the MSW landfill standards, on the impoundments were the highest of all CCR unit matter of groundwater classification EPA noted that 33 Additional documents related to technical types evaluated (80 FR 21319, April 17, 2015) and ‘‘States are expected to use groundwater impracticability may be found at https:// EPA’s documented record of confirmed damage classification and resource evaluations in making www.epa.gov/superfund/superfund-groundwater- cases was dominated by ‘‘wet disposal’’ (e.g., their State decisions.’’ 56 FR 50995. groundwater-response-selection#TI_anchor. impoundments; 80 FR 21456, April 17, 2015).

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owner or operator can demonstrate that programs, the Agency expects that cases characteristics and must include an there is no potential for migration of where these criteria are met will be rare. evaluation of unsaturated and saturated hazardous constituents from that The part 258 requirements allow the zone characteristics to ascertain the flow MSWLF unit to the uppermost aquifer Director of a state program to establish rate and pathway by which during the active life of the unit and the the relevant point of compliance; in an contaminants will migrate to post-closure care period. Under part unapproved state, the point of groundwater. Any demonstration must 258, the demonstration must be certified compliance is set by regulation at the be based on site-specific field by a qualified groundwater scientist and waste management unit boundary. EPA measurements and sampling and approved by the Director of a does not believe the record for the part analyses to determine the physical, participating state, and must be based 258 requirements would support an chemical, and biological processes upon: alternative means for establishing the affecting the fate and transport of relevant point of compliance for CCR (1) Site-specific field collected hazardous constituents. Site-specific measurements, sampling, and analysis of groundwater monitoring wells under information must include, at a physical, chemical, and biological processes RCRA section 4004(a). EPA requests minimum, the information necessary to affecting contaminant fate and transport, and comment on whether a State Director or evaluate or interpret the effects of the (2) Contaminant fate and transport EPA in a nonparticipating state, or an following properties or processes on predictions that maximize contaminant owner/operator subject to EPA oversight contaminant fate and transport: migration and consider impacts on human and public notice, could establish an (1) Aquifer Characteristics, including health and environment. alternative point of compliance hydraulic conductivity, hydraulic The Agency recognizes that certain consistent with the flexibility already gradient, effective porosity, aquifer hydrogeologic settings may preclude the allowed under the part 258 rules that thickness, degree of saturation, migration of hazardous constituents would satisfy the standard of no stratigraphy, degree of fracturing and from CCR disposal units to groundwater reasonable probability of adverse effect secondary porosity of soils and bedrock, resources. Requiring groundwater on human health or the environment aquifer heterogeneity, groundwater monitoring in these settings would under section 4004(a). discharge, and groundwater recharge In this action, EPA is not proposing to provide little or no additional protection areas; provide waivers from groundwater to human health and the environment. (2) Waste Characteristics, including monitoring requirements except where Therefore, EPA is proposing to quantity, type, and origin; the owner or operator in a participating (3) Climatic Conditions, including incorporate a nearly identical provision state can demonstrate no potential for annual precipitation, leachate into the part 257 regulations. This migration of hazardous constituents to generation estimates, and effects on would allow the Director of a the uppermost aquifer during the active leachate quality; participating state to suspend the life of the unit, closure, or post-closure (4) Leachate Characteristics, including groundwater monitoring requirements periods. Consistent with the part 258 leachate composition, solubility, in § 257.91 through § 257.95 for a CCR regulation, the Agency is proposing to density, the presence of immiscible unit upon demonstration by the owner allow this waiver only under the constituents, Eh, and pH; or operator that there is no potential for following conditions. EPA seeks (5) Engineered Controls, including migration of hazardous constituents comment on the use of each of these liners, cover systems, and aquifer from the unit to the uppermost aquifer conditions. First, the suspension of controls (e.g., lowering the water table). during the active life, closure, or post- groundwater monitoring requirements These should be evaluated under design closure periods. However, the in § 257.91 through § 257.95 is available and failure conditions to estimate their requirements of § 257.96 through only for owners and operators of CCR long-term residual performance. § 257.98 would not be suspended. As units located in participating states or in (6) Attenuation of contaminants in the discussed below, the provision being those instances where EPA is the subsurface, including adsorption/ proposed for the part 257 regulations permitting authority. The Agency has desorption reactions, ion exchange would be identical to that in the part limited the availability of the waiver organic content of soil, soil water pH, 258 regulations with the exception for because the Agency recognizes the need and consideration of possible reactions the requirement to periodically for the State to review a no-migration causing chemical transformation or demonstrate that conditions have not demonstration prior to granting a waiver chelation. changed, that is, there is still no from groundwater monitoring. However, (7) Microbiological Degradation, migration of Appendix III or IV the Agency seeks comment on an which may attenuate target compounds constituents from the CCR unit to the approach where a technical expert or cause transformations of compounds, uppermost aquifer. could make this demonstration (under potentially forming more toxic chemical EPA recognizes it may be difficult for the criteria described in the following species. many facilities to meet the ‘‘no potential paragraphs) and the facility could Modeling may also be useful for for migration’’ standard in the implement without the intervention of a assessing and verifying the potential for regulations. The suspension of permitting authority. In such an migration of hazardous constituents. monitoring requirements is intended approach, the facility would keep However, any models used should be only for those CCR units that are located records and post its determination on its based on actual field collected data to in hydrogeologic settings in which web site and EPA would use the adequately predict potential hazardous constituents will not migrate authorities in the WIIN act to oversee groundwater contamination. When to groundwater during the active life of such a determination. owners or operators prepare a no the unit, closure, and post-closure Second, the rule requires migration demonstration, they must use periods. The Agency reminds readers demonstrations of no potential for transport predictions that are based on that the ‘‘no migration’’ waiver has been migration to be supported by both the maximum contaminant migration a component of both the part 258 and predictions that maximize contaminant (i.e., worst case scenario) both from the the RCRA subtitle C groundwater migration and actual field data collected unit and through the subsurface media. monitoring programs for many years, at the site. Field testing is necessary to Assumptions about variables affecting and; based on its experience under these establish the site’s hydrogeological transport should be biased toward over

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estimating transport and the anticipated impoundments are greater than from affect the accuracy; and (4) concentrations. Assumptions and site- landfills. This is because the high and characteristics of the groundwater. specific data that are used in the fate sustained hydraulic head present in When establishing an alternative and transport predictions should these surface impoundments drives compliance period, the proposed conform with transport principles and leachate into the groundwater table at regulation would require a State to processes, including adherence to mass- an accelerated rate. Based on these consider the following site-specific balance and chemical equilibria factors, EPA is proposing to require an conditions under § 257.98(c)(4): (1) The limitations. Within these owner or operator to conduct a new extent and the concentration of the physicochemical limitations demonstration once every 10 years to release; (2) the behavior characteristics assumptions should be biased toward show that the suspension of (fate and transport) of the part 257 the objective of assessing the maximum groundwater monitoring continues to be Appendix IV constituents in the potential impact on human health and appropriate. See proposed § 257.90(g). groundwater (e.g., mobility, persistence, the environment. This new demonstration should be toxicity); (3) the accuracy of monitoring Third, the proposed rule would submitted to the State Director one year or modeling techniques, including any require the demonstrations to be before the existing groundwater seasonal, geotechnical/geophysical, certified by a qualified professional monitoring suspension is due to expire. meteorological, or other environmental engineer and approved by the Director If the suspension expires for any reason, variabilities that may affect the of a participating state to ensure that the unit must begin groundwater accuracy; and (4) the characteristics of there is a high degree of confidence that monitoring according to § 257.90(a) the groundwater (e.g., flow rate, pH). no contamination will reach the within 90 days. These are the same factors included in uppermost aquifer. Further guidance for conducting these part 258; consideration of these factors Finally, the proposed rule would evaluations can be found in the OSWER will allow the State to set an appropriate require the owner or operator of the CCR Solid Waste Disposal Facility Criteria time period for demonstrating unit to make periodic demonstrations Technical Manual for MSWLFs compliance with the groundwater every 10 years in order to retain the (EPA530–R–93–017, 1993) and the protection standards rather than relying suspension of groundwater monitoring. Ground-Water Monitoring Guidance on an arbitrary time period for all The Agency received comments on Document for Owners and Operators of facilities or all situations at the same suspending the groundwater monitoring Interim Status Facilities (1983). facility. In large part, EPA is relying on requirements for MSWLFs in part 258 the longstanding experience with these D. Alternate Period of Time To that suggested EPA require periodic criteria under part 258 for municipal Demonstrate Compliance With demonstrations every five or ten years. solid waste landfills. See, 56 FR 51061 (October 9, 1991). The Corrective Action In summary, § 257.98(c)(2) and (4) of Agency decided against requiring The current regulations at this proposal requires that the periodic demonstrations for MSWLFs § 257.98(c)(2) require that facilities groundwater protection standard be because the demonstration required demonstrate that compliance with the achieved for a period of three must be extremely rigorous and because groundwater protection standards consecutive years at all points within of the additional costs associated with (GWPS) established under § 257.95(h) the plume of contamination unless an the continual reapplication for the have been achieved by monitoring alternative period of time is established suspension. As mentioned earlier in this results documenting that concentrations by a participating state. Those states proposed rulemaking, the statutory of constituents listed in Appendix IV to may set an alternative period of standard for the part 258 regulations is part 257 have not exceeded the compliance after taking site-specific different than the standard for the CCR groundwater protection standard(s) for a conditions into consideration. In regulations: The CCR regulations are period of three consecutive years using demonstrating compliance with the based on RCRA section 4004(a), which the statistical procedures and groundwater protection standard, the requires that the regulations ensure performance standards in § 257.93(f) owner or operator would be required to ‘‘there is no reasonable probability of and (g). EPA is proposing to modify this use the statistical procedures in adverse effects on health or the by adopting a provision analogous to 40 § 257.93. environment from disposal of solid CFR 258(e)(2). Both the part 258 waste at such facility.’’ 42 regulation and the proposed E. Length of Post-Closure Care Period U.S.C. 6944(a). This is a risk-only § 257.98(c)(4) counterpart allow the The current regulations at standard. By contrast, EPA was Director of a participating state to § 257.104(c)(1) state that the owner or authorized to ‘‘take into account the specify an alternative length of time operator of a closed CCR unit must [facility’s] practicable capability’’ in during which the owner or operator conduct post-closure care for 30 years developing the part 258 regulations. 42 must demonstrate that concentrations of unless at the end of the 30 years U.S.C. 6949a(c). Also, the part 258 Appendix II to part 258 constituents (or corrective action is on-going, or the CCR regulations apply only to landfills, in the case of the proposed part 257 unit is operating under assessment while the CCR regulations apply to both counterpart, Appendix IV to part 257 monitoring, in which case the owner or landfills and surface impoundments, the constituents) have not exceeded the operator must continue to conduct post- latter being of particular concern. groundwater protection standard(s). closure care until the unit has returned Surface impoundments by their very Under the current part 258 regulations, to detection monitoring. nature pose a potential for releases to the State must make this determination EPA is proposing to adopt a provision groundwater that is different than after taking into consideration: (1) The analogous to 40 CFR 258.61(b), which landfills (e.g., presence of a hydraulic extent and concentration of the allows the Director of a participating head) that may impact the importance of release(s); (2) behavior characteristics of state to decrease the length of the post- source control for these types of units. the hazardous constituents in the closure care period if the owner or The risk assessment for the CCR rule groundwater; (3) accuracy of monitoring operator demonstrates that the reduced found that, even when key variables are or modeling techniques, including any period is sufficient to protect human controlled (e.g., liner type, waste type) seasonal, meteorological, or other health and the environment and this for the long-term risks from surface environmental variabilities that may demonstration is approved by the

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Director of approved participating state. covers, either from a manufacturing care period, once the detection of It also allows the Director of the defect or faulty installation. contamination above background participating state to increase the length Manufacturing defects may include triggers assessment monitoring. This of the post closure period if the Director items such as pin holes, whereas faulty would hold, even if the State had determines a lengthened period is installation may be the result of a tear previously authorized a shorter post- necessary to protect human health and or failure to properly seal joints closure care period. EPA is proposing to the environment. (Bonaparte et al, 1989).39 include language in this provision that The Agency is proposing this Settlement resulting from factors, clarifies how these two requirements provision to account for situations such as the gradual dissolution of more interact. soluble components within the ash where a 30-year post-closure care period F. Allowing Directors of Participating may be inappropriate based on site- mixture, is also a potential issue. Depressions caused by settlement may States To Issue Certifications in Lieu of specific conditions. Overall, providing Requiring a PE Certification for variances in the post-closure care lead to ponding and should be filled period in these states allows the with soil. Excessive settlement may To ensure that the RCRA subtitle D flexibility to accommodate differences warrant reconstructing or adding to requirements would achieve the in geology, climate, topography, portions of the infiltration layer. statutory standard of ‘‘no reasonable resources, demographics, etc. In all Settlement can also damage the cover probability of adverse effects on health cases, however, these decisions must be through tension cracks and tears in the and the environment’’ in the absence of reviewed carefully by the State to synthetic membrane. For example, regulatory oversight, the current CCR ensure units are monitored and topographic surveys of the unit(s) may regulations require facilities to obtain maintained for as long as is necessary to be used every few years until settlement third party certifications and to provide protect human health and the behavior is established, to determine enhanced state and public notifications environment. whether settlement has occurred. of actions taken to comply with the In determining whether a revised Consequently, EPA is proposing to regulatory requirements. Specifically, in post-closure care period is warranted, require that part of determining whether the final CCR rule EPA required one critical factor is ensuring that the a shorter post-closure care period will numerous technical demonstrations cover will continue to function protect human health and the made by the owner or operator be effectively. EPA recognizes that no final environment, a state must ensure that certified by a qualified professional engineer (PE) in order to provide cover, however well-constructed, will the post-closure care period is long verification of the facility’s technical last forever. In 1988, EPA stated that enough to detect such issues. This judgments and to otherwise ensure that ‘‘even the best liner and leachate would require the state to consider not the provisions of the rule were properly collection system will ultimately fail only the type of cover placed on the unit applied. While EPA acknowledged that due to natural deterioration ....’’35 (e.g., compacted soil), but also the relying upon a third party certification Although any impermeable barriers placement of the groundwater was not the same as relying upon a state used in a final cover system will monitoring wells with respect to the or federal regulatory authority and was eventually fail, studies have shown that waste management unit. For instance, not expected to provide the same level such natural deterioration can take where a waste management unit is close of independence as a state permit thousands of years (Needham et al., to the groundwater table and the 36 37 groundwater monitoring wells are program, the availability of meaningful 2006; Rowe & Islam, 2009). This is third party verification provided critical consistent with the concept of bathtub located at the unit boundary, one would generally expect transit time of any support that the rule would achieve the (or U shaped) failure rate in reliability statutory standard, as it would provide analysis (Shehla & Khan, 2016).38 This contamination to be short, and thus a shorter post-closure monitoring period a degree of control over a facility’s failure pattern begins with a wear-in discretion in implementing the rule. period where failure rates are high due might be sufficient to catch wear-in defects in the cover system. However, However, the situation has changed to design and manufacturing problems. with the passage of the WIIN Act, which The failure rate then decreases to a low, where the unit is located further from the groundwater table, constituents may offers the opportunity for State oversight constant rate for a period of time before under an approved permit program. To rising in the third, wear-out phase. not have sufficient time to reach the monitoring wells under such a curtailed reflect that, EPA is proposing to revise Though this wear-out phase may take the regulations to allow the Director of thousands of years, the wear-in phase post-closure period. In addition, under the current CCR a state with an approved CCR permit for waste management unit covers is program (a participating state) to certify much shorter. In the context of CCR regulations, once detection monitoring yields a statistically significant increase that the regulatory criteria have been units, the wear-in phase of a closed unit met in lieu of the exclusive reliance on would be due to imperfections in above background levels of any Appendix III constituent, assessment a qualified PE. EPA expects that States will generally rely on the expertise of its 35 monitoring is triggered, and the unit US EPA, ‘‘Solid Waste Disposal Facility own engineers to evaluate whether the Criteria; Proposed Rule,’’ 53 FR 33345 (August 30, continues to be subject to the rule’s 1988). post-closure care requirements so long technical criteria have been met. 36 Needham, A.D., Smith, J.W.N., Gallagher, as the CCR unit is operating under Alternatively, States might choose to E.M.G. 2006. The service life of polyethylene retain the required certification by a geomembrane barriers. Engineering Geology 85. 82– assessment monitoring. Section 257.104(c)(2). EPA is not proposing to qualified PE and use its own expertise 90. to evaluate that certification. Finally, 37 Rowe, R.K., Islam, M.Z. 2009. Impact of landfill amend this requirement, or to allow liner time-temperature history on the service life of States to do so as part of this new EPA notes that under the existing HDPE geomembranes. Waste Management 29. provision. Thus, the State could not regulations, a facility may already rely 2689–2699. allow a facility to end the post-closure on a certification provided by a 38 Shehla, R., & Khan, A.A. (2016). Reliability qualified PE in a State agency, who analysis using an exponential power model with bathtub-shaped failure rate function: a Bayes study. 39 Bonaparte, R., J.P. Giroud, and B.A. Gross. reviews the facility actions as part of a SpringerPlus, 5(1), 1076. http://doi.org/10.1186/ 1989. Rates of leakage through landfill liners. purely State-law mandated process. s40064-016-2722-3. Geosynthetics 1989 Conference. San Diego, CA. Thus, EPA is confident that the

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additional layer of oversight provided the unit is closing under other plane of the boundary of the waste by the State under this proposal will be provisions. management unit. Finally, the material at least as protective than the status quo may only be used to construct a cover Proposal for Closure With CCR under the existing regulations. at either no steeper than a 5 percent After publication of the final rule, grade or at a steeper grade, as G. Revision To Allow the Use of CCR EPA received numerous requests that determined by the Director of an During Certain Closure Situations EPA clarify whether use of CCR in approved program (or EPA where it is EPA is proposing to revise the current completing the closure of a unit was the permitting authority). Each of these regulations to allow the use of CCR in permitted under the regulation, either as requirements is discussed further below. the construction of final cover systems part of a closure plan or under the On-site materials. EPA is proposing for CCR units closing pursuant to theory that such an activity was that all CCR material utilized for § 257.101 that are closing with waste-in- ‘‘beneficial use.’’ After evaluating the construction of the final cover system place. EPA is also proposing specific issue, EPA is proposing an exemption must have been generated by the criteria that the final cover system must that would allow further placement of facility, i.e., by the coal-fired boilers that meet in order to allow for the placement CCR in a CCR unit closing pursuant to generated electricity at the facility and of CCR in the final cover system. EPA § 257.101 for the purposes of associated air pollution control devices, is proposing two performance construction of the final cover system. and that the CCR be located at the standards: One that applies directly to EPA is not proposing any other facility since the time of generation. facilities in any ‘‘non-participating revisions to the existing closure CCR sourced exclusively from on-site state’’ and a second that applies to requirements; therefore, owners and will allow for timely construction of the facilities that operate in states with an operators who choose to place CCR as final cover system. Moreover, EPA does approved CCR permit program part of the final cover system as part of not intend this proposed rule to allow (‘‘participating’’ state). Specifically, EPA closure ‘‘for cause’’ will still need to owners and operators to continue comply with all of the existing closure is proposing to allow for the continued disposal into a waste management unit requirements in §§ 257.101–104. placement of CCR in units triggered for that is closing for cause pursuant to EPA is proposing this revision closure to construct a cover system § 257.101. Limiting the source of because there are environmental and material will help to ensure that. Rather, under the following conditions: (1) Only health benefits in allowing use of CCR CCR generated on-site may be used in the exemption is meant to allow for the in this fashion, and as discussed below genuine use of available materials for the construction of the cover system; (2) in more detail, provided the conditions CCR may be used exclusively for the the closure of a waste management unit. outlined in this rule are met, the For grading and contouring. EPA is purposes of grading and contouring of existing information demonstrate that also proposing to limit the exemption to the cover system; (3) CCR must be the use of CCR in this fashion would not the design and construction of the final placed within the vertical plane of the measurably affect the risks from the cover system. As noted previously, boundary of the unit; and (4) must be at unit. Allowing the use of on-site CCR in § 257.102(d)(2) requires that dewatering either no steeper than a 5 percent grade lieu of other material to construct the and stabilization be achieved prior to or at a steeper grade, as determined by cover furthers the general goal in installation of a cover, and the Director of an approved program § 257.102(d)(1)(v) of closing as quickly § 257.102(d)(3) requires that several based on a stability analysis. These as possible. As EPA identified in the protective layers be constructed at the criteria are intended to ensure that the final rule, the process for procuring at- uppermost areas of the final cover CCR utilized in construction of the final specification earthen material in the system. As a practical matter, these two cover system does not exceed the volumes necessary for the final cover existing provisions (which EPA is not necessary amount for grading and system construction can complicate proposing to modify or take comment contouring. completion of closure requirements on) would effectively limit the The current CCR rules require that within the required time frames. This placement of CCR to grading and certain units must close for cause, as was explicitly described as a factor that contouring. Nevertheless, to avoid laid forth in § 257.101(a)–(c). As written, could support an extension of the confusion, EPA is proposing to include the regulation expressly prohibits closure deadlines under a specific condition to make this ‘‘placing CCR’’ in any units required to § 257.102(f)(2)(i)(C). Thus, this proposed explicit. For the purposes of this rule, close for-cause pursuant to § 257.101. revision is expected to allow facilities to EPA considers grading and contouring This includes unlined CCR surface complete closure more quickly, and as activities specifically related to impoundments whose groundwater accordingly realize reduced risks more creating elevation differences and travel monitoring shows an exceedance of a quickly. pathways to encourage free drainage of groundwater protection standard This proposal is a narrow liquids out of and away from the CCR (§ 257.101(a)(1)); existing CCR units that modification of the § 257.101 surface impoundment. Accordingly, do not comply with the location criteria prohibition on CCR placement, and EPA is proposing to define grading to (§ 257.101(b)(1)); and CCR surface contains four requirements to ensure mean placement of CCR for the sole impoundments that are not designed that the use of CCR is to accelerate purpose of creating differences in and operated to achieve minimum closure rather than merely allow the elevation to support positive stormwater safety factors (§ 257.101(b)(2) and (c)(1)). facility continue the disposal of CCR in drainage. EPA is also proposing to Note that the rule does not distinguish a deficient unit. First, the material define contouring to mean placement of between placement that might be placed under this exemption must have material to provide a continuous considered beneficial use and been generated on-site and be present at downward slope on the surface of a placement that might be considered the time of closure. Second, the material drainage area (i.e., the final cover disposal. All further placement of CCR may only be used for the grading and system), except for erosion control into the unit is prohibited once the contouring of the cover system, not to features (e.g., swales, contour banks). provisions of § 257.101 are triggered. By fill up a partially full unit. Third, the This proposal would not allow contrast, the regulations do not restrict placement of the material must be placement of CCR for the purposes of further placement or use of CCR when within the boundary or the vertical waste stabilization or to otherwise fill

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the unit to capacity. Placement of CCR that point forward, CCR material may incised units is established as the line for these purposes would involve the only be placed above that elevation for which extends from the intersection placement of substantial volumes of grading and contouring. between the crest of the CCR within the CCR into a leaking or otherwise These requirements are designed to surface impoundment and the berm or deficient unit, and EPA lacks establish clear and objective geometric dike of the CCR surface impoundment. information that such further placement boundaries for the permissible For incised CCR surface impoundments, would be protective. To achieve this, placement of CCR. With these two the vertical plane is established as the EPA is proposing different criteria based performance standards, EPA is line that extends at the intersection on the construction of the unit. Many effectively establishing a ‘‘lowest where the cap of the CCR surface surface impoundments consist of an bound’’ plane; placement below that impoundment with a slope of no steeper incised portion, or portion which is elevation would be considered to be than 5 percent meets the natural excavated below the surrounding grade. disposal, and would still be prohibited. topography of the land prior the Incised units are units that hold an EPA is also proposing to establish an construction of the CCR unit. Placement accumulation of CCR entirely below the upper bound to ensure that only the beyond this boundary would constitute adjacent natural ground surface, and do amount of CCR necessary for grading a lateral expansion as defined in not consist of any constructed diked and contouring is used. The ‘‘upper § 257.53.41 EPA is proposing this portion. For incised CCR surface bound’’ is represented by the maximum requirement in order to prevent the impoundments, EPA is proposing that final grade of the final cover system of potential release of CCR constituents any CCR utilized for the final cover 1:20, i.e., 5 percent (discussed further outside of the waste boundary without system must be placed above the highest below). Furthermore, the ‘‘vertical the protections EPA deliberately elevation of the surrounding natural plane’’ criteria discussed later in this included in the final rule for such ground surface where the CCR unit was preamble would also establish lateral expansions. constructed. ‘‘horizontal bounds’’ for placement of At no steeper than a 5 percent grade. EPA intends for this requirement to CCR material in the cover system. In EPA is proposing that the final cover account for the preexisting topography order to fulfill the ‘‘free drainage’’ system using CCR for grading and in the area where the incised CCR unit criteria set forth in § 257.102(d)(1)(ii), contouring be constructed with slopes was constructed. The owner or operator the geometry of the waste in the unit no steeper than 1:20. This ratio of would be responsible for determining must allow for free drainage of all water, vertical rise to horizontal rise is equal to the preexisting topography of the CCR sediment, and slurry from any point a 5 percent grade. EPA has identified 5 unit through means of historical within the CCR surface impoundment percent to generally be the maximum documentation or by identifying the out of the breached portion of the necessary grade to promote positive highest point of the perimeter of the embankment. drainage in a vegetated slope runoff, as excavated portion of the unit. Collectively, these criteria are steeper grades may lead to erosion and A primary purpose of a final cover designed to ensure owners and deterioration of the final cover system.42 system is to encourage free surface operators place only the amount of CCR EPA is proposing a maximum grade for drainage in order to limit infiltration necessary to achieve adequate grading the final cover system to minimize the from precipitation into the underlying and contouring for free drainage. potential for abuse whereby a facility waste. CCR units with incised portions For example, this proposal would not might unnecessarily grade a cover can present an issue with free drainage allow the owner or operator to raise the steeply in order to dispose of additional of liquids because much of the unit is breached invert elevation and place CCR CCR. EPA intends the grade of the final located below the surrounding grade material above the previously placed cover system to allow for free drainage and does not allow for drainage by ‘‘waste-in-place’’ CCR and effectively to the invert elevation of the breached gravity, i.e., the drainage must occur raise the invert elevation for drainage. portion of the embankment. mechanically, by evapotranspiration, or EPA intends for the final level of CCR However, in rare instances it may be by infiltration. Placement of CCR below within the CCR unit to essentially be the possible that a cover requires a steeper the highest elevation of the surrounding ultimate height of the surface of the grade. Consequently, EPA is proposing topography would no longer serve the final cover system, with allowance for that the Director of a participating state purpose of encouraging drainage, and limited addition of material to ensure may approve a grade steeper than 5 therefore would not be considered part effective drainage from the unit. EPA percent in a permit if such a grade is of constructing the final cover system. does not intend for this proposal to necessary for the proper function of the For all other units, including CCR allow the facility to unnecessarily raise cover system. To support a steeper surface impoundments that consist of a the invert elevation of the breached grade, a stability analysis must be diked portion, e.g., diked portion of the embankment, as a means performed to evaluate possible erosion impoundments, cross-valley of further disposal of CCR in the interim potential. A stability analysis looks at impoundments, side-hill space between initial invert and the ability of soil to resist sliding on impoundments, or some combination adjusted invert elevations. itself on the slope. The analysis, at a thereof, EPA is proposing to require the Within the vertical plane. EPA is minimum, must evaluate: (1) The site owner or operator to establish a baseline proposing that CCR used for geology, (2) characterize soil shear elevation above which all CCR would construction of the final cover system strength, (3) construct a slope stability need to be placed when constructing the may not be placed outside the vertical model, (4) establish groundwater and final cover system. EPA is proposing plane. The vertical plane for non- seepage conditions, if any, (5) select that this baseline elevation be defined as loading conditions, (6) locate critical the highest elevation of CCR in the unit, sediment, or slurry out of the CCR surface impoundment via surface runoff, prior to 41 Lateral expansion means a horizontal following dewatering and stabilization expansion of the waste boundaries of an existing 40 construction of the final cover system. Additionally, as required by § 257.102(d)(2). From if the owner or operator intends to leave waste-in- CCR landfill or existing CCR surface impoundment place, the owner or operator must ‘‘preclude the made after October 19, 2015. 40 As noted, under the existing regulations the probability of future impoundment of water, 42 USEPA, Solid Waste Disposal Facility Criteria- owner or operator must first breach and dewater the sediment, or slurry,’’ per the requirements of Technical Manual, EPA Document EPA530–R–93– CCR unit, allowing for free drainage of water, § 257.102(d)(1)(ii). 017.

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failure surface, and (7) iterate until significant risks associated with the approach, EPA does not intend to revise minimum factor of safety is achieved. continued placement of large volumes its interpretation that the movement of Finally, EPA recently issued an of CCR in a deficient unit. As discussed stormwater (and associated CCR) interpretation that under the current in the next section, although EPA has between units within a multi-unit regulations, the prohibition on the preliminarily concluded that the use of system that is closing for cause is placement a unit closing for cause did CCR in the construction of the cover permissible. EPA is concerned about the not preclude the movement of system will meet the RCRA section potential risks associated with the additional wastes (stormwater and 4004(a) standard, there were limitations continued placement of large volumes associated/accompanying CCR) between in the assessment that raise questions of CCR, and similar concerns are not the units that operate as part of a about further extrapolation of that raised by the movement of stormwater multiunit treatment system. The current assessment to support the placement of and de minimis amounts of CCR regulations allow the facility to treat large volumes of CCR in these units between units in the process of clean such units as a single unit. See, e.g., (e.g., EPA’s risk assessment did not closing. § 257.91(d)(1). Based the longstanding model the addition of CCR to partially- interpretation that EPA does not filled leaking units). Thus an Analytic Support of Risk Assessment regulate the movement of wastes within interpretation that allowed Results a unit, EPA concluded that where the consolidation of CCR into a single unit 43 impoundments are being treated as a of a multi-unit system could be seen as U.S. EPA (2009) used a response- singular system, the movement of CCR inconsistent with the approach outlined surface regression method to derive a within that system (i.e., from one in this proposal. statistical model for groundwater impoundment to another) would not be EPA has not determined whether concentration (as the dependent considered ‘‘placing CCR’’ under the allowing such a practice meets the variable) based on the input parameters prohibitions of § 257.101. Under this statutory standard, and is therefore from the probabilistic analysis (as same logic, a facility could conceivably soliciting comment on two potential independent variables). Concentration, consolidate the CCR from other units in alternatives. Under one approach EPA rather than risk, was chosen as the the system into a single unit, even would rely on its longstanding dependent variable for the sensitivity though the unit was deficient. There can interpretation to allow the consolidation analysis because the additional be benefits to such a practice; for of CCR from units operating within a exposure factors used to calculate example, it may facilitate clean closure multi-unit system, when the facility human health risk from environmental and allow owners and operators to focus treats the system as a single unit for concentration (e.g., body weight) have their long term monitoring, care, and purposes of closure (i.e., all units within well established, peer-reviewed cleanup obligations on a single unit the system are closing). Alternatively, distributions based on EPA policy. The rather than many units. And presuming EPA would revise the regulations to outputs of the sensitivity analysis were the unit meets all of the performance explicitly clarify that only the use of goodness-of-fit values used to determine standards for closure with waste in CCR for purposes of grading and the relative importance of each input place, it may be the risks associated contouring is permitted, even between parameter. The most sensitive with such consolidation are acceptable. units within a multi-unit system closing parameters identified are presented in However, there are also potentially for cause. Note that under either Table 1.

TABLE 1—SENSITIVE PARAMETERS

Pathway: GW to DW pathway GW to SW pathway Constituents: All constituents Strongly sorbing All constituents

Sensitive Parameters ...... • Infiltration rate ...... • Kd value ...... • Infiltration rate. • Leachate concentration ...... • Depth to groundwater ...... • Leachate concentration. • Hydraulic gradient ...... • Distance to receptor well ...... • Water body flow rate. • Hydraulic conductivity. Note: GW = Groundwater; DW = Drinking Water; SW = Surface Water.

As seen in the table above, the constituents, the Kd values and distance a unit filled to capacity) to be a sensitive groundwater to drinking water exposure to receptor also become important. The parameter for closed landfills and pathway had more input parameters most sensitive parameters for the surface impoundments. However, EPA that were highly sensitive (seven) than groundwater to surface water exposure sought to verify this through further the groundwater to surface water pathways were parameters impacting analysis of the final risk assessment exposure pathways (three). The most flux (infiltration rate to groundwater results (U.S. EPA, 2014).44 sensitive parameters for the and leachate concentration) and the The risks EPA sought to further groundwater to drinking water water body flow rate. evaluate were those from surface pathways were parameters that impact Depth to groundwater was a sensitive impoundments closed for cause with flux (infiltration rate and leachate parameter for strongly sorbing waste in place. In Appendix K of the concentration) and groundwater flow constituents. However, the sensitivity final risk assessment, EPA modeled (hydraulic conductivity and gradient). analysis did not find total waste depth dewatered surface impoundments post- When modeling strongly sorbing (i.e., total thickness of CCRs disposed in closure with waste in place as

43 U.S. EPA (Environmental Protection Agency). Prepared by RTI International for U.S. EPA, Office Final. Office of Resource Conservation and 2009. Sensitivity Analysis for the Coal Combustion of Solid Waste, Washington, DC. Recovery. December. RIN: 2050–AE81. Waste Risk Assessment. Draft Technical Report. 44 U.S. EPA. 2014. Human Health and Ecological Risk Assessment of Coal Combustion Residuals.

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equivalent to closed landfills. Because EPA used the probabilistic model obtained when filtering the landfill risk the results driving EPA’s final rule were inputs for waste depth to calculate 25th, results for the depth of the waste. As those for trivalent arsenic [As(III)] 50th, and 75th percentile waste depths. waste depth changed, EPA did not see cancer risks, EPA selected As(III) cancer These cutoffs were used to filter the significant changes in risk for any liner risk results from landfills as the model runs into four quartiles. For each type. This confirms the findings of the appropriate results on which to conduct quartile EPA calculated a 90th sensitivity analysis where depth was not this sensitivity analysis. percentile As(III) cancer risk. Below are shown to be a sensitive parameter. the As(III) cancer risk results EPA

TABLE 2—90TH PERCENTILE AS(III) CANCER RISKS ACROSS WASTE DEPTH QUARTILE

1st Quartile 2nd Quartile 3rd Quartile 4th Quartile

Liner Type: Unlined ...... 1.50E–05 1.28E–05 2.66E–05 1.79E–05 Clay Lined ...... 1.28E–05 1.11E–05 1.32E–05 1.93E–05 Composite ...... 1.39E–20 5.34E–29 3.84E–27 <1.00E–30

EPA also notes that the volume of the final risk assessment found that the C. Baseline Costs infiltration from precipitation relative to comparatively minor addition of CCR The baseline costs for this rule are the the volume of waste present in a unit is mass applied solely for grading costs of compliance with EPA’s 2015 very small. This would lead to a low purposes would not alter potential risks CCR final rule, as the provisions of this liquid-to-solid (L/S) ratio for water to receptors. Therefore, EPA finds that rule modify the provisions of the 2015 passing through landfills and dewatered the use of ash for grading would remain CCR final rule or modify the surface impoundments. The low L/S protective of human health and the implementation of the 2015 CCR rule by ratio ensures that the leachate is environment. WIIN Act participating states. The RIA saturated with constituent mass before it for the 2015 CCR final rule estimated V. The Projected Economic Impacts of exits the bottom of the landfill or these costs at an annualized $509 This Action surface impoundment. Because the million when discounting at 7 percent leachate is in equilibrium with the A. Introduction and an annualized $735 million when waste, the addition of more mass would discounting at 3 percent. not further increase leachate EPA estimated the costs and benefits concentrations. Instead, the increased of this action in a Regulatory Impact D. Cost Savings, Other Benefits, and total mass would affect the time Analysis (RIA) which is available in the Adjustments to the Baseline necessary for constituent mass to fully docket for this action. The RIA estimates The RIA estimates costs and costs deplete from the waste. A majority of costs and cost savings attributable to the savings for the four proposals associated the model runs for arsenic already provisions of this action against the with the 2015 CCR rule judicial remand reached a steady state concentration at baseline costs and cost savings of the as well as the six alternative the well within the modeled timeframe. 2015 CCR final rule. The RIA estimates performance standards that will apply Therefore, an increase in leaching that the net annualized impact of these in participating states under the WIIN duration would not substantially alter eleven provisions over a 100 year period Act, and the use CCR during certain long-term risks. of analysis will be cost savings of closure situations. The RIA estimates The addition of larger volumes of ash between $32 million and $100 million that the net annualized impact of these for purposes other than expediting when discounting at 7 percent and cost eleven provisions over a 100 year period closure would result in a greater amount savings between $25 million and $76 of analysis will be an annualized cost of time without a cap and other million when discounting at 3 percent. savings of between $32 million and appropriate controls in place. This This action is considered an $100 million when discounting at 7 would result in greater opportunity for percent, and an annualized cost savings economically significant action under precipitation to infiltrate into the unit of between $25 million and $76 million Executive Order 12866. prior to closure. The additional volume when discounting at 3 percent. of water would increase the hydraulic B. Affected Universe The RIA also estimates potential head within the unit and, ultimately, adjustments to the baseline costs of the the rate of infiltration down to the The universe of affected entities for CCR final rule due to plant closures that groundwater table. EPA identified this rule consists of the same entities occurred after the rule was published infiltration to groundwater as one of the affected by EPA’s 2015 CCR final rule. but before the effective date of the rule. most sensitive variables when modeling These entities are coal-fired electricity The RIA accompanying the 2015 CCR risks. Thus, EPA concludes that the generating plants operated by the final rule assigned compliance costs to addition of ash for purposes other than electric utility industry. They can be these plants, which they are exempt expediting closure has the potential to identified by their North American from because they closed before the increase the transport of constituent Industry Classification System (NAICS) final rule’s effective date. In all, 23 mass to groundwater and the associated designation 221112 ‘‘Fossil Fuel Electric plants closed before the effective date of risks. Power Generation’’. The RIA estimates the final rule that were not accounted Under this proposal, utilities could that there are 414 coal-fired electricity for in 2015 final rule RIA. The add ash to construct the cover system generating plants operating 922 CCR annualized compliance costs avoided for closure of a unit for the purpose of management units (landfills, disposal for these plants equals between $22 achieving the necessary grade to safely impoundments, and storage million and $25 million per year when close with waste in place. A review of impoundments) that will be affected by discounting at 7 percent and between both the 2009 sensitivity analysis and this rule. $22 million and $31 million when

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discounting at 3 percent. This cost • Do you have information that Management and Budget (OMB) under adjustment is detailed in the RIA that would refine the RIA assumption that the PRA. The Information Collection accompanies this rulemaking, however states adopting Alternative Performance Request (ICR) document that the EPA it is not factored into the baseline or the Standard 5 (the amendment discussed prepared has been assigned EPA ICR benefit estimates for this rule to keep in Unit IV.E of this preamble) would on number 1189.27, OMB control number comparisons with the 2015 CCR final average reduce the period from 30 years 2050–0053. This is an amendment to the rule straight forward. to five years? ICR approved by OMB for the Final • Do you have information that Rule: Hazardous and Solid Waste E. Solicitation of Comments on the would refine the RIA assumptions about Management System; Disposal of Coal Projected Economic Impacts the total number of CCR units that Combustion Residuals from Electric EPA is soliciting comments on the would use CCR as allowed under Utilities published April 17, 2015 in the following aspects of the Regulatory Additional Provision 2 (the amendment Federal Register at 80 FR 21302. You Impact Analysis (RIA), which is discussed in Unit IV.G of this can find a copy of the ICR in the docket available in the docket for this preamble)? for this action, and it is briefly rulemaking. The Agency is soliciting • Do you have information that summarized here. This rulemaking, comment primarily on the assumptions would refine the RIA assumptions about specifically the provision clarifying the and the data sources used in the the average annual number of CCR units type and magnitude of non-groundwater analysis. closing (RIA page 4–14)? releases that would require a facility to • Do you have information that • Do you have information that comply with some or all of the would refine the RIA assumptions about would refine the RIA assumptions about corrective action procedures set forth in the number of facilities both in and the estimated tonnage of CCR that could §§ 257.96–257.98, reduces the serving affected NERC regions that be used for closure (RIA page 4–14)? paperwork burden attributable to would request alternative closure under • Do you have information that provisions of the April 17, 2015 CCR Additional Provision 1 (the amendment would refine the RIA description and Final Rule. discussed in Unit III.D of this estimates of impacts related to Respondents/affected entities: Coal- preamble)? interactions among CCR Remand Rule fired electric utility plants that will be • Do you have information that provisions (RIA pp. 5–1 through 5–3)? affected by the rule. would refine the RIA assumption that Respondent’s obligation to respond: VI. Statutory and Executive Order (EO) facilities seeking alternative closure The recordkeeping, notification, and Reviews requirements under Additional posting are mandatory as part of the Provision 1 (the amendment discussed A. Executive Order 12866: Regulatory minimum national criteria being in Unit III.D of this preamble) would Planning and Review and Executive promulgated under Sections 1008, 4004, delay closure by five years (the Order 13563: Improving Regulation and and 4005(a) of RCRA. maximum allowed under the rule)? Regulatory Review Estimated number of respondents: • Do you have information that 414. This action is a significant regulatory Frequency of response: The frequency would refine the RIA assumptions about action that was submitted to the Office the maximum or minimum number of of response varies. of Management and Budget (OMB) for Total estimated burden: EPA states that would likely adopt review. Any changes made in response estimates the total annual burden to alternative performance standards under to OMB recommendations have been respondents to be a reduction in burden the WIIN Act? documented in the docket. The EPA • of approximately 4,267 hours from the Do you have information that prepared an analysis of the potential currently approved burden. Burden is would refine the RIA assumptions about costs and benefits associated with this defined at 5 CFR 1320.3(b). the changes in total corrective action action. This Regulatory Impact Analysis Total estimated cost: The total costs for a release due to the Alternative (RIA), entitled Regulatory Impact estimated annual cost of this rule is a Performance Standard 1 (the Analysis; EPA’s 2017 RCRA Proposed cost savings of approximately amendment discussed in Unit IV.A of Rule; Disposal of Coal Combustion $5,713,027. This cost savings is this preamble)? Residuals from Electric Utilities; • composed of approximately $519,832 in Do you have information that Amendments to the National Minimum annualized avoided labor costs and would refine the RIA assumptions about Criteria (October 2017), is summarized $5,193,195 in avoided capital or the total number of CCR units that may in Unit V of this preamble and the RIA operation and maintenance costs. avoid corrective action costs due to the is available in the docket for this An agency may not conduct or Alternative Performance Standard 2 (the proposal. sponsor, and a person is not required to amendment discussed in Unit IV.B of respond to, a collection of information B. Executive Order 13771: Reducing this preamble)? unless it displays a currently valid OMB Regulation and Controlling Regulatory • Do you have information that control number. The OMB control Costs would refine the RIA assumptions about numbers for the EPA’s regulations in 40 the number of units that will receive a This action is expected to be an CFR are listed in 40 CFR part 9. ‘‘no migration’’ waiver under Executive Order 13771 deregulatory Alternative Performance Standard 3 (the action. Details on the estimated cost D. Regulatory Flexibility Act (RFA) amendment discussed in Unit IV.C of savings of this proposed rule can be I certify that this action will not have this preamble)? found in EPA’s analysis of the potential a significant economic impact on a • Do you have information that costs and benefits associated with this substantial number of small entities would refine the RIA assumption that action. under the RFA. In making this states adopting Alternative Performance determination, the impact of concern is Standard 4 (the amendment discussed C. Paperwork Reduction Act (PRA) any significant adverse economic in Unit IV.D of this preamble) would on The information collection activities impact on small entities. An agency may average reduce the post-remedy in this proposed rule have been certify that a rule will not have a monitoring from three years to one year? submitted for approval to the Office of significant economic impact on a

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substantial number of small entities if County, Arizona, owned by the Arizona requirements and, in fact it enhances the rule relieves regulatory burden, has Salt River Project; (2) Bonanza Power the groundwater monitoring no net burden or otherwise has a Plant in Uintah County, Utah, owned by requirements by adding boron to the list positive economic effect on the small the Deseret Generation and of constituents in Appendix IV that entities subject to the rule. This action Transmission Cooperative; and (3) Four trigger corrective action. Thus, EPA is expected to result in net cost savings Corners Power Plant in San Juan believes that this rule will be protective amounting to approximately $32 million County, New Mexico owned by the of children’s health. per year to $100 million per year when Arizona Public Service Company. The I. Executive Order 13211: Actions discounting at 7 percent and annualized Navajo Generating Station and the Four Concerning Regulations That over 100 years. It is expected to result Corners Power Plant are on lands Significantly Affect Energy Supply, in net cost savings of between $25 belonging to the Navajo Nation, while Distribution or Use million and $76 million when the Bonanza Power Plant is located on discounting at 3 percent and annualized the Uintah and Ouray Reservation of the This action is not a ‘‘significant over 100 years. Savings will accrue to Ute Indian Tribe. Moreover, since this energy action’’ because it is not likely to all regulated entities, including small action is expected to result in net cost have a significant adverse effect on the entities. Further information on the savings to affected entities amounting to supply, distribution or use of energy. economic effects of this action can be approximately $32 million per year to For the 2015 CCR rule, EPA analyzed found in Unit V of this preamble and in $100 million per year when discounting the potential impact on electricity prices the Regulatory Impact Analysis, which at 7 percent and annualized over 100 relative to the ‘‘in excess of one is available in the docket for this action. years, or in net cost savings of between percent’’ threshold. Using the Integrated We have therefore concluded that this $25 million per year and $76 million Planning Model (IPM), EPA concluded action will relieve regulatory burden for per year when discounting at 3 percent that the 2015 CCR Rule may increase the all directly regulated small entities. and annualized over 100 years, it will weighted average nationwide wholesale not have substantial direct effects on price of electricity between 0.18 percent E. Unfunded Mandates Reform Act one or more Indian tribes. Thus, and 0.19 percent in the years 2020 and (UMRA) Executive Order 13175 does not apply 2030, respectively. As the proposed rule This action does not contain any to this action. represents a cost savings rule relative to unfunded mandate of $100 million or the 2015 CCR rule, this analysis H. Executive Order 13045: Protection of more as described in UMRA, 2 U.S.C. concludes that any potential impact on 1531–1538, and does not significantly or Children From Environmental Health Risks and Safety Risks wholesale electricity prices will be uniquely affect small governments. This lower than the potential impact action imposes no enforceable duty on This action is not subject to Executive estimated of the 2015 CCR rule; any state, local or tribal governments or Order 13045 because the EPA does not therefore, this proposed rule is not the private sector. The costs involved in believe the environmental health or expected to meet the criteria of a this action are imposed only by safety risks addressed by this action ‘‘significant adverse effect’’ on the participation in a voluntary federal present a disproportionate risk to electricity markets as defined by program. UMRA generally excludes children. This action’s health and risk Executive Order 13211. from the definition of ‘‘federal assessments are contained in the intergovernmental mandate’’ duties that document titled ‘‘Human and Ecological J. National Technology Transfer and arise from participation in a voluntary Risk Assessment of Coal Combustion Advancement Act (NTTAA) federal program. Residuals’’ which is available in the This rulemaking does not involve docket for the final rule as docket item technical standards. F. Executive Order 13132: Federalism EPA–HQ–RCRA–2009–0640–11993. This action does not have federalism As ordered by EO 13045 Section 1– K. Executive Order 12898: Federal implications. It will not have substantial 101(a), for the ‘‘Final Rule: Hazardous Actions To Address Environmental direct effects on the states, on the and Solid Waste Management System; Justice in Minority Populations and relationship between the national Disposal of Coal Combustion Residuals Low-Income Populations government and the states, or on the from Electric Utilities’’ published April The EPA believes that this action does distribution of power and 17, 2015 in the Federal Register at 80 not have disproportionately high and responsibilities among the various FR 21302, EPA identified and assessed adverse human health or environmental levels of government. environmental health risks and safety effects on minority populations, low- risks that may disproportionately affect income populations and/or indigenous G. Executive Order 13175: Consultation children in the revised risk assessment. peoples, as specified in Executive Order and Coordination With Indian Tribal The results of the screening assessment 12898 (59 FR 7629, February 16, 1994). Governments found that risks fell below the criteria The documentation for this decision This action does not have tribal when wetting and run-on/runoff is contained in EPA’s Regulatory Impact implications as specified in Executive controls required by the rule are Analysis (RIA) for the CCR rule which Order 13175. For the ‘‘Final Rule: considered. Under the full probabilistic is available in the docket for the 2015 Hazardous and Solid Waste analysis, composite liners required by CCR final rule as docket item EPA–HQ– Management System; Disposal of Coal the rule for new waste management RCRA–2009–0640–12034. Combustion Residuals from Electric units showed the ability to reduce the EPA’s risk assessment did not Utilities’’ published April 17, 2015 in 90th percentile child cancer and non- separately evaluate either minority or the Federal Register at 80 FR 21302, cancer risks for the groundwater to low income populations. However, to EPA identified three of the 414 coal- drinking water pathway to well below evaluate the demographic fired electric utility plants (in operation EPA’s criteria. Additionally, the characteristics of communities that may as of 2012) which are located on tribal groundwater monitoring and corrective be affected by the CCR rule, the RIA lands; however, they are not owned by action required by the rule reduced risks compares the demographic tribal governments. These are: (1) from current waste management units. characteristics of populations Navajo Generating Station in Coconino This action does adversely affect these surrounding coal-fired electric utility

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plants with broader population data for within the surface water catchment described in paragraphs (1) and (2) of two geographic areas: (1) One-mile zones around, and groundwater this definition: radius from CCR management units (i.e., beneath, coal-fired electric utility (1) The vegetation develops shallow landfills and impoundments) likely to plants. Since the CCR rule is risk- roots which both do not penetrate the be affected by groundwater releases reducing and this action does not add to slopes or pertinent surrounding areas of from both landfills and impoundments; risks, this action will not result in new the CCR unit to a substantial depth and and (2) watershed catchment areas disproportionate risks to minority or do not introduce the potential of downstream of surface impoundments low-income populations. internal erosion or risk of uprooting; that receive surface water run-off and and releases from CCR impoundments and List of Subjects in 40 CFR Part 257 (2) The vegetation creates a are at risk of being contaminated from Environmental protection, Beneficial continuous dense cover that prevents CCR impoundment discharges (e.g., use, Coal combustion products, Coal erosion and deterioration of the surface unintentional overflows, structural combustion residuals, Coal combustion of the slope or pertinent surrounding failures, and intentional periodic waste, Disposal, Hazardous waste, areas, thereby preventing deterioration discharges). Landfill, Surface impoundment. of the surface. For the population as a whole 24.8 Dated: March 1, 2018. * * * * * percent belong to a minority group and E. Scott Pruitt, Non-groundwater releases mean 11.3 percent falls below the Federal releases from the CCR unit other than Administrator. Poverty Level. For the population living the releases directly to the groundwater within one mile of plants with surface For the reasons set out in the that are detected through the unit’s impoundments 16.1 percent belong to a preamble, title 40, chapter I, of the Code groundwater monitoring system. minority group and 13.2 percent live of Federal Regulations is proposed to be Examples of non-groundwater releases below the Federal Poverty Level. These amended as follows: include seepage through the minority and low-income populations embankment, minor ponding of seepage are not disproportionately high PART 257—CRITERIA FOR at the toe of the embankment of the CCR compared to the general population. CLASSIFICATION OF SOLID WASTE unit, seepage at the abutments of the The percentage of minority residents of DISPOSAL FACILITIES AND CCR unit, seepage from slopes, ponding the entire population living within the PRACTICES at the toe of the unit, a release of catchment areas downstream of surface fugitive dust and releases of a ■ 1. The authority citation for part 257 impoundments is disproportionately ‘‘catastrophic’’ nature such as the is revised to read as follows: high relative to the general population, release of CCR materials from CCR i.e., 28.7 percent, versus 24.8 percent for Authority: 42 U.S.C. 6907(a)(3), 6912(a)(1), surface impoundments from the the national population. Also, the 6944(a), 6945(d); 33 U.S.C. 1345(d) and (e). Tennessee Valley Authority’s (TVA) percentage of the population within the ■ 2. Section 257.53 is amended by: Kingston Fossil Plant in Harriman, TN catchment areas of surface ■ a. Adding in alphabetical order the and the Duke Energy Dan River Steam impoundments that is below the Federal definition of ‘‘Contouring’’, ‘‘Engineered Station in Eden, NC. Poverty Level is disproportionately high slope protection measures’’, ‘‘Grading’’, compared with the general population, * * * * * ‘‘Grassy vegetation’’, ‘‘Non-groundwater Participating state means a state with i.e., 18.6 percent versus 11.3 percent releases’’, ‘‘Participating state’’, a state program for control of CCR that nationally. ‘‘Pertinent surrounding areas’’, Comparing the population has been approved pursuant to Section ‘‘Vegetative height’’, and ‘‘Woody percentages of minority and low income 4005 of the Resource Conservation and residents within one mile of landfills to vegetation’’ in alphabetical order. Recovery Act. ■ Pertinent surrounding areas means all those percentages in the general b. Revising the definition of ‘‘Slope population, EPA found that minority protection’’ and ‘‘State director.’’ areas of the CCR surface impoundment and low-income residents make up a The revisions and additions read as or immediately surrounding the CCR smaller percentage of the populations follows: surface impoundment that have the near landfills than they do in the potential to affect the structural stability § 257.53 Definitions. and condition of the CCR surface general population, i.e., minorities * * * * * comprised 16.6 percent of the impoundment, including but not Contouring means the placement of limited to the toe of the downstream population near landfills versus 24.8 material to provide a continuous percent nationwide and low-income slope, the crest of the embankment, downward slope on the surface of a residents comprised 8.6 percent of the abutments, and unlined spillways. drainage area, except for erosion control population near landfills versus 11.3 * * * * * features (e.g., swales, contour banks). percent nationwide. In summary, Slope protection means measures although populations within the * * * * * installed on the slopes or pertinent catchment areas of plants with surface Engineered slope protection measures surrounding areas of the CCR unit that impoundments appear to have means non-vegetative cover systems, protect the slope against wave action, disproportionately high percentages of which include but are not limited to erosion or adverse effects of rapid minority and low-income residents rock riprap, concrete revetments, drawdown. Slope protection includes relative to the nationwide average, vegetated wave berms, concrete facing, grassy vegetation and engineered slope populations surrounding plants with gabions, geotextiles, or fascines. protection measures. landfills do not. Because landfills are * * * * * * * * * * less likely than impoundments to Grading means the placement of CCR State Director means the chief experience surface water run-off and only to the extent necessary to create administrative officer of any State releases, catchment areas were not sufficient differences in elevation to agency operating an approved CCR considered for landfills. support stormwater drainage. permit program or the delegated The CCR rule is risk-reducing with Grassy vegetation means vegetation representative of the State Director. If reductions in risk occurring largely that meets both of the conditions responsibility is divided among two or

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more State agencies, State Director surrounding areas. Any removal of surrounding areas. Any removal of means the chief administrative officer of woody vegetation with a diameter woody vegetation with a diameter the State agency authorized to perform greater than 1⁄2 inch must be directed by greater than 1⁄2 inch must be directed by the particular function or procedure to a person familiar with the design and a person familiar with the design and which reference is made. On Tribal operation of the unit and in operation of the unit and in Lands and in non-participating States consideration of the complexities of consideration of the complexities of where Congress has specifically removal of a tree or a shrubbery, who removal of a tree or a shrubbery, who provided appropriations to EPA to must ensure the removal does not create must ensure the removal does not create administer a CCR permit program, State a risk of destabilizing the unit or a risk of destabilizing the unit or Director means the EPA Administrator otherwise adversely affect the stability otherwise adversely affect the stability or their designee. and safety of the CCR unit or personnel and safety of the CCR unit or personnel * * * * * undertaking the removal; and undertaking the removal; and Vegetative height means the linear (E) The vegetative height of grassy and (E) The vegetative height of grassy and distance between the ground surface woody vegetation must not exceed 12 woody vegetation must not exceed 12 where the vegetation penetrates the inches. inches. ground surface and the outermost * * * * * * * * * * growth point of the vegetation. (d) * * * (d) * * * * * * * * (1) * * * (1) * * * Woody vegetation means vegetation (ii) Slope protection consistent with * * * * * that develops woody trunks, root balls, the requirements under paragraph (a)(4) (ii) Slope protection consistent with or root systems which can penetrate the of this section. the requirements under paragraph (a)(4) slopes or pertinent surrounding areas of * * * * * of this section. the CCR unit to a substantial depth and ■ 4. Section 257.74 is amended by: * * * * * introduce the potential of internal ■ a. Revising paragraphs (a)(4) and ■ 5. Section 257.83 is amended by erosion or risk of uprooting. (d)(1)(ii); and revising paragraph (b)(5) to read as ■ 3. Section 257.73 is amended by: ■ b. Removing and reserving paragraph follows: ■ a. Revising paragraphs (a)(4) and (d)(1)(iv). (d)(1)(ii); and The revisions read as follows: § 257.83 Inspection requirements for CCR ■ b. Removing and reserving paragraph surface impoundments. (d)(1)(iv). § 257.74 Structural integrity criteria for * * * * * The revisions read as follows: new CCR surface impoundments and any lateral expansion of a CCR surface (b) * * * § 257.73 Structural integrity criteria for impoundment. (5) If a deficiency or release is existing CCR surface impoundments. (a) * * * identified during an inspection, the (a) * * * (4) The slopes and pertinent owner or operator must remedy the (4) The slopes and pertinent surrounding areas of the CCR unit must deficiency or release in accordance with surrounding areas of the CCR unit must be designed, constructed, operated, and applicable requirements in §§ 257.96 be designed, constructed, operated, and maintained with one of the forms of through 257.99. maintained with one of the forms of slope protection specified in paragraph * * * * * slope protection specified in paragraph (a)(4)(i) of this section that meets all of ■ 6. Section 257.84 is amended by (a)(4)(i) of this section that meets all of the performance standards of paragraph revising paragraph (b)(5) to read as the performance standards of paragraph (a)(4)(ii) of this section. follows: (a)(4)(ii) of this section. (i) Slope protection must consist of (i) Slope protection must consist of § 257.84 Inspection requirements for CCR one of the following: surface landfills. one of the following: (A) A vegetative cover consisting of (A) A vegetative cover consisting of grassy vegetation; * * * * * grassy vegetation; (B) An engineered cover consisting of (b) * * * (B) An engineered cover consisting of a single form or combination of forms of (5) If a deficiency or release is a single form or combination of forms of identified during an inspection, the engineered slope protection measures; engineered slope protection measures; or owner or operator must remedy the or deficiency or release in accordance with (C) A combination of the forms of (C) A combination of the forms of cover specified in paragraphs (a)(4)(i)(A) applicable requirements in §§ 257.96 cover specified in paragraphs (a)(4)(i)(A) through 257.99. or (a)(4)(i)(B) of this section. or (a)(4)(i)(B) of this section. (ii) Any form of cover for slope (ii) Any form of cover for slope * * * * * ■ protection must meet all of the protection must meet all of the 7. Section 257.90 is amended by following performance standards: following performance standards: revising paragraphs (a) and (d) and (A) The cover must be installed and (A) The cover must be installed and adding paragraph (g) to read as follows: maintained on the slopes and pertinent maintained on the slopes and pertinent § 257.90 Applicability. surrounding areas of the CCR unit; surrounding areas of the CCR unit; (B) The cover must provide protection (B) The cover must provide protection (a) All CCR landfills, CCR surface against surface erosion, wave action, against surface erosion, wave action, impoundments, and lateral expansions and adverse effects of rapid drawdown; and adverse effects of rapid drawdown; of CCR units are subject to the (C) The cover must be maintained to (C) The cover must be maintained to groundwater monitoring and corrective allow for the observation of and access allow for the observation of and access action requirements under §§ 257.90 to the slopes and pertinent surrounding to the slopes and pertinent surrounding through 257.99, except as provided in areas during routine and emergency areas during routine and emergency paragraph (g) of this section. events; events; * * * * * (D) Woody vegetation must be (D) Woody vegetation must be (d) The owner or operator of the CCR removed from the slopes or pertinent removed from the slopes or pertinent unit must comply with all applicable

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requirements in §§ 257.96, 257.97, and ■ 8. Section 257.95 is amended by (3) The owner or operator of the CCR 257.98, or, if eligible, must comply with revising paragraph (h)(2) and adding unit must document in the annual the requirements in § 257.99. paragraph (j) to read as follows: groundwater monitoring and corrective * * * * * action report required by § 257.90(e) or § 257.95 Assessment monitoring program. § 257.100(e)(5)(ii) the constituent(s) and (g) Suspension of groundwater * * * * * level(s) for which an alternative monitoring requirements. (1) Except as (h) * * * groundwater protection standard has provided by paragraph (g)(2) of this (2) For constituents for which an MCL been established by the State Director. section, the State Director of a has not been established, the ■ 9. Section 257.97 is amended by participating state may suspend for up background concentration for the adding paragraphs (f) and (g) to read as to ten years the groundwater monitoring constituent established from wells in follows: requirements under §§ 257.90 through accordance with § 257.91, except as 257.95 for a CCR unit if the owner or provided by paragraph (j) of this section; § 257.97 Selection of remedy. operator provides written or * * * * * documentation that there is no potential (f) The State Director of a for migration of the constituents listed * * * * * (j) The State Director of a participating participating state may determine that in appendices III and IV to this part remediation of a release of a constituent from that CCR unit to the uppermost state may establish an alternative groundwater protection standard for listed in appendix IV to this part from aquifer during the active life of the CCR a CCR unit is not necessary if the owner unit and the post-closure care period. constituents listed in appendix IV to this part for which MCLs have not been or operator demonstrates to the This demonstration must be certified by satisfaction of the State Director that: a qualified professional engineer and established. (1) The alternative groundwater (1) The groundwater is additionally approved by the State Director, and contaminated by substances that have must be based upon: protection standards must be appropriate health-based levels that are originated from a source other than a (i) Site-specific field collected protective of potential receptors (both CCR unit and those substances are measurements, sampling, and analysis human and ecological) and satisfy all of present in concentrations such that of physical, chemical, and biological the following criteria: cleanup of the release from the CCR unit processes affecting contaminant fate and (i) The alternative groundwater would provide no significant reduction transport; and protection standard is at a level derived in risk to actual or potential receptors; (ii) Contaminant fate and transport in a manner consistent with EPA or predictions that maximize contaminant guidelines for assessing the health risks (2) The constituent(s) is present in migration and consider impacts on of environmental pollutants, including groundwater that: human health and the environment. ‘‘Supplementary Guidance for (i) Is not currently or reasonably expected to be a source of drinking (2) The owner or operator of the CCR Conducting Health Risk Assessment of Chemical Mixtures’’, ‘‘Guidelines for water; and unit may secure an additional ten years (ii) Is not hydraulically connected Developmental Toxicity Risk for the suspension of the groundwater with waters to which the constituent(s) Assessment’’, and ‘‘Reference Dose, monitoring requirements provided the is migrating or are likely to migrate in (RfD): Description and Use in Health owner or operator provides written a concentration(s) that would exceed the Risk Assessments’’ (incorporated by documentation that there continues to groundwater protection standards reference); be no potential for migration of the established under § 257.95(h) or (i); or (ii) The alternative groundwater constituents listed in appendices III and (3) Remediation of the release(s) is protection standard is at a level based IV to this part. The documentation must technically impracticable; or be supported by, at a minimum, the on scientifically valid studies conducted (4) Remediation results in information specified in paragraphs in accordance with the Toxic unacceptable cross-media impacts. (g)(1)(i) and (g)(1)(ii) of this section and Substances Control Act Good Laboratory (g) A determination by the Director of must be certified by a qualified Practice Standards (40 CFR part 792) or approved participating state pursuant to professional engineer and approved by equivalent; and paragraph (f) of this section shall not the State Director. The owner or (iii) For systemic toxicants, the level affect the requirement under § 257.90(d) operator must submit the represents a concentration to which the and § 257.97(b) for the owner or documentation of their re- human population could be exposed to operator to undertake source control demonstration for the state’s review and on a daily basis that is likely to be measures or other measures (including approval of their extension one year without appreciable risk of deleterious closure if triggered) that may be before their groundwater monitoring effects during a lifetime; this must be necessary to eliminate or minimize suspension is due to expire. If the the level that ensures a Hazard Quotient further releases to the groundwater, to existing groundwater monitoring no greater than 1. For purposes of this prevent exposure to the groundwater, or extension expires, the owner or operator subpart, systemic toxicants are toxic to remediate the groundwater to must begin groundwater monitoring chemicals that cause effects other than concentrations that are technically according to paragraph (a) of this cancer. feasible and significantly reduce threats section within 90 days. The owner or (2) In establishing alternative to human health or the environment. operator may obtain additional ten-year groundwater protection standards under ■ 10. Section 257.98 is amended by groundwater monitoring suspensions paragraph (j)(1) of this section, the State revising paragraph (c) to read as follows: provided the owner or operator Director may consider the following: continues to make the written (i) Multiple contaminants in the § 257.98 Implementation of the corrective demonstration. The owner or operator groundwater; action program. must place each completed (ii) Exposure threats to sensitive * * * * * demonstration, if more than one ten- environmental receptors; and (c) Remedies selected pursuant to year suspension period is sought, in the (iii) Other site-specific exposure or § 257.97 shall be considered complete facility’s operating record. potential exposure to groundwater. when:

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(1) The owner or operator of the CCR release from a CCR unit, the owner or include a certification by a qualified unit demonstrates compliance with the operator must comply with all of the professional engineer that the corrective groundwater protection standards following requirements: action has been completed in established under § 257.95(h) has been (1) Meet the requirement in accordance with the requirements of achieved at all points within the plume § 257.90(d) to ‘‘immediately take all paragraph (b) of this section. The owner of contamination that lie beyond the necessary measures to control the or operator has completed the groundwater monitoring well system source(s) of releases so as to reduce or notification when it has been placed in established under § 257.91; eliminate, to the maximum extent the facility’s operating record as (2) Except as provided by paragraph feasible, further releases of required by § 257.105(h)(16). (c)(4) of this section, compliance with contaminants into the environment;’’ (d) The owner or operator of the CCR the groundwater protection standards (2)(i) Determine the corrective unit must comply with the established under § 257.95(h) has been measures that will meet the substantive recordkeeping requirements specified in achieved by demonstrating that standards in §§ 257.96(a) to prevent § 257.105(h), the notification concentrations of constituents listed in further releases, to remediate any requirements specified in § 257.106(h), appendix IV to this part have not releases and to restore the affected area and the internet requirements specified exceeded the groundwater protection to original conditions; and in § 257.107(h). standard(s) for a period of three (ii) Analyze the effectiveness of ■ 12. Section 257.102 is amended by consecutive years using the statistical potential corrective measures in meeting adding paragraph (d)(4) to read as procedures and performance standards all of the requirements and objectives of follows: in § 257.93(f) and (g); and the remedy as described in § 257.96(c); (3) All actions required to complete (3) Select the corrective action that § 257.102 Criteria for conducting the the remedy have been satisfied. will remedy the non-groundwater closure or retrofit of CCR units. (4) The Director of a participating release, taking into account, at a * * * * * state may specify an alternative length minimum, the results of the assessment (d) * * * of time to that specified in paragraph in paragraph (b)(2)(ii) of this section and (4) Use of CCR in Design and (c)(2) of this section during which the the factors specified in § 257.97(c); and Construction of Final Cover System. (i) owner or operator must demonstrate (4) Remediate the non-groundwater This paragraph specifies the allowable that concentrations of constituents release to meet the standards specified uses of CCR in the closure of CCR units listed in appendix IV to this part have in § 257.97(b)(1), (3), (4), and (5). closing pursuant to § 257.101. not exceeded the groundwater (5) Complete remedy within 180 days Notwithstanding the prohibition on protection standard(s) taking into of the date of discovery of the release. further placement in § 257.101, CCR consideration: (c) Required notices and reports. An may be placed in such units but only for (i) Extent and concentration of the owner or operator of a CCR unit that the purposes of grading and contouring release(s); complies with the requirements of this in the design and construction of the (ii) Behavior characteristics of the section to remediate a non-groundwater final cover system, based either on: constituents in the groundwater; release is responsible for ensuring that (A) A determination by the Director of (iii) Accuracy of monitoring or the notices and reports specified in a participating state that the criteria in modeling techniques, including any paragraphs (c)(1) through (c)(3) of this paragraph (d)(4)(ii) of this section have seasonal, meteorological, or other section are completed in accordance been met; or environmental variabilities that may with this section. All required notices (B) The certification by a qualified affect the accuracy; and and reports must be signed by the owner professional engineer that the criteria in (iv) Characteristics of the or operator. (d)(4)(ii) of this section have been met, groundwater. (1) Within 15 days of discovering a as required in paragraph (d)(4)(iii) of * * * * * non-groundwater release, the owner or this section. ■ 11. Add § 257.99 to read as follows: operator must prepare a notification of (ii) Use of CCR in Design and discovery of a non-groundwater release. Construction of Final Cover System § 257.99 Corrective action procedures to The owner or operator has completed Requirements. remedy eligible non-groundwater releases. the notification when it has been placed (A) The owner or operator of a CCR (a) General. This section specifies the in the facility’s operating record as unit subject to § 257.101 may continue corrective action requirements that required by § 257.105(h)(15). to place CCR in the unit after initiating apply to non-groundwater releases from (2) Within 15 days of completing the closure in order to construct the final CCR units that can be completely analysis of the effectiveness of potential cover system required under paragraph remediated within 180 days from the corrective measures as required by (d)(3) of this section but only for the detection of the release. A release is paragraph (b)(2)(ii) of this section, place following activities: completely remediated when either a the completed analysis in the facility’s (1) Grading; and qualified professional engineer or the operating record. (2) Contouring. permitting authority of a participating (3) Within 30 days of completion of a (B) The owner or operator of a CCR state completes the certification corrective action of a non-groundwater unit must meet all of the following required in subsection (c)(2) of this release, the owner or operator must criteria when placing CCR within a CCR section. If the owner or operator prepare a report documenting the unit for the purposes of grading or determines, at any time, that the release completion of the corrective action. The contouring: will not be completely remediated report must, at a minimum, describe the (1) The CCR placed for construction of within this 180-day timeframe, the nature and extent of the non- the final cover system must have been owner or operator must comply with all groundwater release, the CCR unit(s) generated at the facility and be located additional procedural requirements responsible for the non-groundwater at the facility at the time closure was specified in §§ 257.96, 257.97, and release, and how the remedy selected initiated; 257.98. achieves the corrective action (2)(i) For incised CCR surface (b) Corrective action requirements. requirements specified in paragraph (b) impoundments the CCR must be placed Upon detection of a non-groundwater of this section. The notification must entirely above the highest elevation of

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the surrounding natural ground surface (d), a CCR unit may continue to receive alternate capacity has been found for all where the CCR surface impoundment non-CCR wastestreams if the owner or wastestreams, the facility must initiate was constructed; operator of the CCR unit certifies that closure of the CCR unit following the (ii) For all other CCR units, CCR must the wastestreams must continue to be timeframes in § 257.102(e) and (f). be placed entirely above the highest managed in that CCR unit due to the (3) If no alternative capacity is elevation of CCR in the unit, following absence of alternative capacity both on- identified within five years after the dewatering and stabilization as required site and off-site the facility. For these initial certification as required under by § 257.102(d)(2); non-CCR wastestsreams, capacity means (b)(1) of this section, the CCR unit must (3) The CCR must not be placed the capacity of impoundments, tanks, cease receiving all wastestreams and outside the plane extending vertically and other conveyances to manage daily close in accordance with the timeframes from the line formed by the intersection flows currently handled by the unit that in § 257.102(e) and (f). of the crest of the CCR surface is closing pursuant to § 257.101(a) or * * * * * impoundment and the upstream slope (b)(1), or (d). To qualify under this (d) Permanent cessation of a coal- of the CCR surface impoundment; and paragraph (b)(1), the owner or operator fired boiler(s) by a date certain. (1) (4) The final cover system must be of the CCR unit must document that all Notwithstanding the provisions of constructed with either: of the following conditions have been § 257.101(a), (b)(1), and (d), a CCR unit (i) A slope not steeper than 5% grade met for each non-CCR wastestream that may continue to receive non-CCR after allowance for settlement; or will continue to be received by the CCR (ii) At a steeper grade, if the Director wastestreams if the owner or operator unit: certifies that the facility will cease of a participating state determines that (i) No alternative disposal capacity is operation of the coal-fired boilers within the steeper slope is necessary based on available. An increase in costs or the the timeframes specified in paragraphs conditions at the site, to facilitate run- inconvenience of existing capacity is (d)(2) and (3) of this section, but in the off and minimize erosion, and that side not sufficient to support qualification interim period (prior to closure of the slopes are evaluated for erosion under this section; potential based on a stability analysis to (ii) The owner or operator has made, coal-fired boiler), the facility must evaluate possible erosion potential. The and continues to make, efforts to obtain continue to use the CCR unit due to the stability analysis, at a minimum, must additional capacity. Qualification under absence of alternative capacity. For evaluate the site geology; characterize this subsection requires that efforts to wastewaters capacity means the soil shear strength; construct a slope obtain additional capacity were made at capacity of impoundments, tanks, and stability model; establish groundwater the earliest date that an owner or other units to manage daily flows and seepage conditions, if any; select operator knew, or had reason to know, currently handled by the unit closing loading conditions; locate critical failure that such a unit may become subject to pursuant to § 257.101(a) or (b)(1). To surface; and iterate until minimum closure under § 257.101(a), (b)(1), or (d). qualify under this paragraph (d)(1), the factor of safety is achieved. Qualification under this subsection lasts owner or operator of the CCR unit must (iii) If required by paragraph only as long as no alternative capacity document that all of the following (d)(4)(i)(B) of this section, the owner or is available. Once alternative capacity is conditions have been met for each operator of the CCR unit must also identified, the owner or operator must wastestream that will continue to be include in the notification required by arrange to use such capacity as soon as received by the CCR unit: § 257.102(h) a certification by a feasible; (i) No alternative capacity is available. qualified professional that the CCR unit (iii) The owner or operator must An increase in costs or the was closed in accordance with the certify that the facility generating any inconvenience of existing capacity is requirements of paragraph (d)(4) of this wastestream that continues to be placed not sufficient to support qualification section. into a CCR unit pursuant to this section under this section. (ii) The owner or operator must certify * * * * * would need to cease generating power that the facility is located in or regularly ■ 13. Section 257.103 is amended by: and is located in or regularly provides ■ a. Revising § 257.103 introductory the majority of generated electricity to, provides the majority of generated text; and one of the following three North electricity to one of the following three ■ b. Redesignating paragraphs (b), (c), American Electric Reliability North American Electric Reliability and (d) as (c), (e), and (f); and adding Corporation regions and sub-regions: the Corporation regions and sub-regions: new paragraphs (b) and (d). Midcontinent Independent System The Midcontinent Independent System The revisions and additions read as Operator, the Southeastern Electric Operator, the Southeastern Electric follows: Reliability Council-East, and/or the Reliability Council-East, and/or the Southeastern Electric Reliability Southeastern Electric Reliability § 257.103 Alternative closure Council-North; Council-North. requirements. (iv) The owner or operator must (iii) The owner or operator must The owner or operator of a CCR remain in compliance with all other remain in compliance with all other landfill, CCR surface impoundment, or requirements of this subpart, including requirements of this subpart, including any lateral expansion of a CCR unit that the requirement to conduct any the requirement to conduct any is subject to closure pursuant to necessary corrective action; and necessary corrective action; and § 257.101(a), (b)(1), or (d) may continue (v) The owner or operator must (iv) The owner or operator must to receive CCR and/or non-CCR prepare an annual progress report prepare an annual progress report wastestreams in the unit provided the documenting the continued lack of documenting the continued lack of owner or operator meets the alternative capacity and the progress alternative capacity and the progress requirements of either paragraph (a), (b), towards the development of alternative towards the closure of the coal-fired (c) or (d) of this section. capacity for the given wastestream. boiler. * * * * * (2) Once alternative capacity is (2) For a CCR surface impoundment (b) No Alternative capacity for non- available for a given wastestream, the that is 40 acres or smaller, the coal-fired CCR wastestreams. (1) Notwithstanding CCR unit must cease receiving that boiler must cease operation and the CCR the provisions of § 257.101(a), (b)(1), or wastestream, and in the case that surface impoundment must have

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completed closure no later than October § 257.105 Recordkeeping requirements. monitoring requirements specified 17, 2023. * * * * * under § 257.105(h)(14). (3) For a CCR surface impoundment (h) * * * (12) The notification of discovery of a that is larger than 40 acres, the coal- (14) The demonstration, including non-groundwater release specified fired boiler must cease operation, and long-term performance data, supporting under § 257.105(h)(15). the suspension of groundwater the CCR surface impoundment must (13) The report documenting the complete closure no later than October monitoring requirements as required by § 257.90(g). completion of the corrective action 17, 2028. specified under § 257.105(h)(16). * * * * * (15) The notification of discovery of a non-groundwater release as required by (i) * * * ■ 14. Section 257.104 is amended by § 257.99(c)(1). revising paragraph (c) to read as follows: (14) The demonstration supporting (16) The report documenting the the reduced post-closure care period § 257.104 Post-closure care requirements. completion of the corrective action as specified under § 257.105(i)(14). * * * * * required by § 257.99(c)(2). * * * * * (i) * * * (c) Post-closure care period. (1) Except (14) The demonstration, including ■ 18. Revise Appendix IV to part 257 to as provided by paragraphs (c)(2) and (3) long-term performance data supporting read as follows: of this section, the owner or operator of the reduced post-closure care period as Appendix IV to Part 257—Constituents the CCR unit must conduct post-closure required by § 257.104(c)(3). care for 30 years. for Assessment Monitoring * * * * * (2) If at the end of the post-closure ■ 16. Section 257.106 is amended by COMMON NAME 1 care period the owner or operator of the adding paragraphs (h)(11) through CCR unit is operating under assessment (h)(13) and paragraph (i)(14) to read as Antimony monitoring in accordance with § 257.95, follows: the owner or operator must continue to Arsenic conduct post-closure care until the § 257.106 Notification requirements. owner or operator returns to detection * * * * * Barium monitoring in accordance with § 257.95. (h) * * * Beryllium (3)(i) The Director of a participating (11) Provide the demonstration state may establish an alternate post- supporting the suspension of Boron closure period upon a determination groundwater monitoring requirements that the alternate period is sufficient to specified under § 257.105(h)(14). Cadmium protect human health and the (12) Provide notification of discovery environment. of a non-groundwater release specified Chromium under § 257.105(h)(15). (ii) To reduce the post closure care Cobalt period, the Director must ensure that the (13) Provide notification of the post-closure care period is long enough availability of the report documenting Fluoride to establish settlement behavior and to the completion of the corrective action detect to wear-in defects in the cover specified under § 257.105(h)(16). Lead system. At a minimum, the Director (i) * * * Lithium must consider the type of cover placed (14) Provide the demonstration supporting the reduced post-closure on the unit (e.g., geosynthetic clay liner) Mercury and the placement of the groundwater care period specified under monitoring wells with respect to the § 257.105(i)(14). Molybdenum waste management units and the * * * * * groundwater table. ■ 17. Section 257.107 is amended by Selenium adding paragraphs (h)(11) through (iii) A determination that a reduced Thallium post-closure care period is warranted (h)(13) and adding paragraph (i)(14) to does not affect the obligation to comply read as follows: Radium 226 and 228 combined with paragraph (b) of this section. § 257.107 Publicly accessible internet site 1 Common names are those widely used in * * * * * requirements. government regulations, scientific publications, ■ 15. Section 257.105 is amended by and commerce; synonyms exist for many * * * * * chemicals. adding paragraphs (h)(14) through (h) * * * (h)(16) and paragraph (i)(14) to read as (11) The demonstration supporting [FR Doc. 2018–04941 Filed 3–14–18; 8:45 am] follows: the suspension of groundwater BILLING CODE 6560–50–P

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Part III

The President

Proclamation 9704—Adjusting Imports of Aluminum Into the United States Proclamation 9705—Adjusting Imports of Steel Into the United States Order of March 12, 2018—Regarding the Proposed Takeover of Qualcomm Incorporated by Broadcom Limited

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Federal Register Presidential Documents Vol. 83, No. 51

Thursday, March 15, 2018

Title 3— Proclamation 9704 of March 8, 2018

The President Adjusting Imports of Aluminum Into the United States

By the President of the United States of America

A Proclamation 1. On January 19, 2018, the Secretary of Commerce (Secretary) transmitted to me a report on his investigation into the effect of imports of aluminum on the national security of the United States under section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862). 2. The Secretary found and advised me of his opinion that aluminum is being imported into the United States in such quantities and under such circumstances as to threaten to impair the national security of the United States. The Secretary found that the present quantities of aluminum imports and the circumstances of global excess capacity for producing aluminum are ‘‘weakening our internal economy,’’ leaving the United States ‘‘almost totally reliant on foreign producers of primary aluminum’’ and ‘‘at risk of becoming completely reliant on foreign producers of high-purity aluminum that is essential for key military and commercial systems.’’ Because of these risks, and the risk that the domestic aluminum industry would become ‘‘unable to satisfy existing national security needs or respond to a national security emergency that requires a large increase in domestic production,’’ and taking into account the close relation of the economic welfare of the Nation to our national security, see 19 U.S.C. 1862(d), the Secretary con- cluded that the present quantities and circumstances of aluminum imports threaten to impair the national security as defined in section 232 of the Trade Expansion Act of 1962, as amended. 3. In light of this conclusion, the Secretary recommended actions to adjust the imports of aluminum so that such imports will not threaten to impair the national security. Among those recommendations was a global tariff of 7.7 percent on imports of aluminum articles in order to reduce imports to a level that the Secretary assessed would enable domestic aluminum producers to use approximately 80 percent of existing domestic production capacity and thereby achieve long-term economic viability through increased production. The Secretary has also recommended that I authorize him, in response to specific requests from affected domestic parties, to exclude from any adopted import restrictions those aluminum articles for which the Secretary determines there is a lack of sufficient U.S. production capacity of comparable products, or to exclude aluminum articles from such restric- tions for specific national security-based considerations. 4. I concur in the Secretary’s finding that aluminum articles are being imported into the United States in such quantities and under such cir- cumstances as to threaten to impair the national security of the United States, and I have considered his recommendations. 5. Section 232 of the Trade Expansion Act of 1962, as amended, authorizes the President to adjust the imports of an article and its derivatives that are being imported into the United States in such quantities or under such circumstances as to threaten to impair the national security. 6. Section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483), authorizes the President to embody in the Harmonized Tariff Schedule of the United States (HTSUS) the substance of acts affecting import treatment,

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and actions thereunder, including the removal, modification, continuance, or imposition of any rate of duty or other import restriction. 7. In the exercise of these authorities, I have decided to adjust the imports of aluminum articles by imposing a 10 percent ad valorem tariff on aluminum articles, as defined below, imported from all countries except Canada and Mexico. In my judgment, this tariff is necessary and appropriate in light of the many factors I have considered, including the Secretary’s report, updated import and production numbers for 2017, the failure of countries to agree on measures to reduce global excess capacity, the continued high level of imports since the beginning of the year, and special circumstances that exist with respect to Canada and Mexico. This relief will help our domestic aluminum industry to revive idled facilities, open closed smelters and mills, preserve necessary skills by hiring new aluminum workers, and maintain or increase production, which will reduce our Nation’s need to rely on foreign producers for aluminum and ensure that domestic producers can continue to supply all the aluminum necessary for critical industries and national defense. Under current circumstances, this tariff is necessary and appropriate to address the threat that imports of aluminum articles pose to the national security. 8. In adopting this tariff, I recognize that our Nation has important security relationships with some countries whose exports of aluminum to the United States weaken our internal economy and thereby threaten to impair the national security. I also recognize our shared concern about global excess capacity, a circumstance that is contributing to the threatened impairment of the national security. Any country with which we have a security relation- ship is welcome to discuss with the United States alternative ways to address the threatened impairment of the national security caused by imports from that country. Should the United States and any such country arrive at a satisfactory alternative means to address the threat to the national security such that I determine that imports from that country no longer threaten to impair the national security, I may remove or modify the restriction on aluminum articles imports from that country and, if necessary, make any corresponding adjustments to the tariff as it applies to other countries as our national security interests require. 9. I conclude that Canada and Mexico present a special case. Given our shared commitment to supporting each other in addressing national security concerns, our shared commitment to addressing global excess capacity for producing aluminum, the physical proximity of our respective industrial bases, the robust economic integration between our countries, the export of aluminum produced in the United States to Canada and Mexico, and the close relation of the economic welfare of the United States to our national security, see 19 U.S.C. 1862(d), I have determined that the necessary and appropriate means to address the threat to the national security posed by imports of aluminum articles from Canada and Mexico is to continue ongoing discussions with these countries and to exempt aluminum articles imports from these countries from the tariff, at least at this time. I expect that Canada and Mexico will take action to prevent transshipment of alu- minum articles through Canada and Mexico to the United States. 10. In the meantime, the tariff imposed by this proclamation is an important first step in ensuring the economic viability of our domestic aluminum industry. Without this tariff and satisfactory outcomes in ongoing negotiations with Canada and Mexico, the industry will continue to decline, leaving the United States at risk of becoming reliant on foreign producers of alu- minum to meet our national security needs—a situation that is fundamentally inconsistent with the safety and security of the American people. It is my judgment that the tariff imposed by this proclamation is necessary and appropriate to adjust imports of aluminum articles so that such imports will not threaten to impair the national security as defined in section 232 of the Trade Expansion Act of 1962, as amended.

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NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, section 604 of the Trade Act of 1974, as amended, and section 232 of the Trade Expansion Act of 1962, as amended, do hereby proclaim as follows: (1) For the purposes of this proclamation, ‘‘aluminum articles’’ are defined in the Harmonized Tariff Schedule (HTS) as: (a) unwrought aluminum (HTS 7601); (b) aluminum bars, rods, and profiles (HTS 7604); (c) aluminum wire (HTS 7605); (d) aluminum plate, sheet, strip, and foil (flat rolled products) (HTS 7606 and 7607); (e) aluminum tubes and pipes and tube and pipe fitting (HTS 7608 and 7609); and (f) aluminum castings and forgings (HTS 7616.99.51.60 and 7616.99.51.70), including any subsequent revisions to these HTS classifications. (2) In order to establish increases in the duty rate on imports of aluminum articles, subchapter III of chapter 99 of the HTSUS is modified as provided in the Annex to this proclamation. Except as otherwise provided in this proclamation, or in notices published pursuant to clause 3 of this proclama- tion, all imports of aluminum articles specified in the Annex shall be subject to an additional 10 percent ad valorem rate of duty with respect to goods entered, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on March 23, 2018. This rate of duty, which is in addition to any other duties, fees, exactions, and charges applicable to such imported aluminum articles, shall apply to imports of aluminum articles from all countries except Canada and Mexico. (3) The Secretary, in consultation with the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the United States Trade Representa- tive (USTR), the Assistant to the President for National Security Affairs, the Assistant to the President for Economic Policy, and such other senior Executive Branch officials as the Secretary deems appropriate, is hereby authorized to provide relief from the additional duties set forth in clause 2 of this proclamation for any aluminum article determined not to be pro- duced in the United States in a sufficient and reasonably available amount or of a satisfactory quality and is also authorized to provide such relief based upon specific national security considerations. Such relief shall be provided for an aluminum article only after a request for exclusion is made by a directly affected party located in the United States. If the Secretary determines that a particular aluminum article should be excluded, the Sec- retary shall, upon publishing a notice of such determination in the Federal Register, notify Customs and Border Protection (CBP) of the Department of Homeland Security concerning such article so that it will be excluded from the duties described in clause 2 of this proclamation. The Secretary shall consult with CBP to determine whether the HTSUS provisions created by the Annex to this proclamation should be modified in order to ensure the proper administration of such exclusion, and, if so, shall make such modification to the HTSUS through a notice in the Federal Register. (4) Within 10 days after the date of this proclamation, the Secretary shall issue procedures for the requests for exclusion described in clause 3 of this proclamation. The issuance of such procedures is exempt from Executive Order 13771 of January 30, 2017 (Reducing Regulation and Controlling Regu- latory Costs). (5) (a) The modifications to the HTSUS made by the Annex to this proclama- tion shall be effective with respect to goods entered, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on March 23, 2018, and shall continue in effect, unless such actions are expressly reduced, modified, or terminated. (b) The Secretary shall continue to monitor imports of aluminum articles and shall, from time to time, in consultation with the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the USTR, the Assistant to the President for National Security Affairs, the Assistant to

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the President for Economic Policy, the Director of the Office of Management and Budget, and such other senior Executive Branch officials as the Secretary deems appropriate, review the status of such imports with respect to the national security. The Secretary shall inform the President of any cir- cumstances that in the Secretary’s opinion might indicate the need for further action by the President under section 232 of the Trade Expansion Act of 1962, as amended. The Secretary shall also inform the President of any circumstance that in the Secretary’s opinion might indicate that the increase in duty rate provided for in this proclamation is no longer necessary. (6) Any provision of previous proclamations and Executive Orders that is inconsistent with the actions taken in this proclamation is superseded to the extent of such inconsistency. IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of March, in the year of our Lord two thousand eighteen, and of the Independ- ence of the United States of America the two hundred and forty-second.

Billing code 3295–F8–P

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ANNEX

TO MODIFY CHAPTER 99 OF THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES

Effective with respect to goods entered, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on March 23, 2018, subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States is modified by inserting in numerical sequence the following new note and tariff provision, with the material in these provisions inserted in the columns labeled "Heading/Subheading", "Article Description", "Rates of Duty 1-General", and "Rates ofDuty 2", respectively:

.. 19. (a) Heading 9903.85.01 sets forth the ordinary customs duty treatment applicable to all entries of aluminum products from all countries, except products of Canada and of Mexico, classifiable in the headings or subheadings enumerated in this note. Such goods shall be subject to duty as provided herein. No special rates of duty shall be accorded to goods covered by heading 9903.85.01 under any tariff program enumerated in general note 3(c )(i) to the tariff schedule. All anti-dumping, countervailing, or other duties and charges applicable to such goods shall continue to be imposed.

(b) The rates of duty set forth in heading 9903.85.01 apply to all imported products of aluminum classifiable in the provisions enumerated in this subdivision:

(i) unwrought aluminum provided for in heading 7601;

(ii) bars, rods and profiles provided for in heading 7604; wire provided for in heading 7605;

(iii) plates, sheets and strip provided for in 7606; foil provided for in heading 7607;

(iv) tubes, pipes and tube or pipe fittings provided for in heading 7608 and 7609; and

(v) castings and forgings of aluminum provided for in subheading 7616.99.51.

(c) The Secretary of Commerce may determine and announce any exclusions from heading 9903.85.01 that may be appropriate for individual aluminum products otherwise covered by subdivision (b) of this note or for individual shipments thereof, whether or not limited to particular quantities of any such goods or shipments, and shall immediately convey all such determinations to U.S. Customs and Border Protection ("CBP") for implementation by CBP at the earliest possible opportunity, but not later than five business days after the date on which CBP receives any such determination from Commerce.

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(d) Any importer entering the aluminum products covered by this note under heading 9903.85.01 shall provide any information that may be required, and in such form, as is deemed necessary by CBP in order to permit the administration of this subheading. Importers are likewise directed to report information concerning any applicable exclusion granted by Commerce in such form as CBP may require.

Rates of Duty Heading/ Article description 1 2 Subheading General Special 9903.85.01 "Products of aluminum provided for in the tariff headings or subheadings enumerated in note 19 to this subchapter, except products of Canada or of Mexico or any exclusions that may be determined and announced by the The duty The duty Department of Commerce ...... provided provided in the in the applic- applic- able sub- able sub- heading+ heading 10% +10%"

[FR Doc. 2018–05477

Filed 3–14–18; 11:15 am] Billing code 7020–02–C

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Proclamation 9705 of March 8, 2018

Adjusting Imports of Steel Into the United States

By the President of the United States of America

A Proclamation 1. On January 11, 2018, the Secretary of Commerce (Secretary) transmitted to me a report on his investigation into the effect of imports of steel mill articles (steel articles) on the national security of the United States under section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862). 2. The Secretary found and advised me of his opinion that steel articles are being imported into the United States in such quantities and under such circumstances as to threaten to impair the national security of the United States. The Secretary found that the present quantities of steel articles imports and the circumstances of global excess capacity for producing steel are ‘‘weakening our internal economy,’’ resulting in the persistent threat of further closures of domestic steel production facilities and the ‘‘shrinking [of our] ability to meet national security production requirements in a na- tional emergency.’’ Because of these risks and the risk that the United States may be unable to ‘‘meet [steel] demands for national defense and critical industries in a national emergency,’’ and taking into account the close relation of the economic welfare of the Nation to our national security, see 19 U.S.C. 1862(d), the Secretary concluded that the present quantities and circumstances of steel articles imports threaten to impair the national security as defined in section 232 of the Trade Expansion Act of 1962, as amended. 3. In reaching this conclusion, the Secretary considered the previous U.S. Government measures and actions on steel articles imports and excess capac- ity, including actions taken under Presidents Reagan, George H.W. Bush, Clinton, and George W. Bush. The Secretary also considered the Department of Commerce’s narrower investigation of iron ore and semi-finished steel imports in 2001, and found the recommendations in that report to be outdated given the dramatic changes in the steel industry since 2001, including the increased level of global excess capacity, the increased level of imports, the reduction in basic oxygen furnace facilities, the number of idled facilities despite increased demand for steel in critical industries, and the potential impact of further plant closures on capacity needed in a national emergency. 4. In light of this conclusion, the Secretary recommended actions to adjust the imports of steel articles so that such imports will not threaten to impair the national security. Among those recommendations was a global tariff of 24 percent on imports of steel articles in order to reduce imports to a level that the Secretary assessed would enable domestic steel producers to use approximately 80 percent of existing domestic production capacity and thereby achieve long-term economic viability through increased produc- tion. The Secretary has also recommended that I authorize him, in response to specific requests from affected domestic parties, to exclude from any adopted import restrictions those steel articles for which the Secretary deter- mines there is a lack of sufficient U.S. production capacity of comparable products, or to exclude steel articles from such restrictions for specific national security-based considerations.

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5. I concur in the Secretary’s finding that steel articles are being imported into the United States in such quantities and under such circumstances as to threaten to impair the national security of the United States, and I have considered his recommendations. 6. Section 232 of the Trade Expansion Act of 1962, as amended, authorizes the President to adjust the imports of an article and its derivatives that are being imported into the United States in such quantities or under such circumstances as to threaten to impair the national security. 7. Section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483), authorizes the President to embody in the Harmonized Tariff Schedule of the United States (HTSUS) the substance of acts affecting import treatment, and actions thereunder, including the removal, modification, continuance, or imposition of any rate of duty or other import restriction. 8. In the exercise of these authorities, I have decided to adjust the imports of steel articles by imposing a 25 percent ad valorem tariff on steel articles, as defined below, imported from all countries except Canada and Mexico. In my judgment, this tariff is necessary and appropriate in light of the many factors I have considered, including the Secretary’s report, updated import and production numbers for 2017, the failure of countries to agree on measures to reduce global excess capacity, the continued high level of imports since the beginning of the year, and special circumstances that exist with respect to Canada and Mexico. This relief will help our domestic steel industry to revive idled facilities, open closed mills, preserve necessary skills by hiring new steel workers, and maintain or increase production, which will reduce our Nation’s need to rely on foreign producers for steel and ensure that domestic producers can continue to supply all the steel necessary for critical industries and national defense. Under current cir- cumstances, this tariff is necessary and appropriate to address the threat that imports of steel articles pose to the national security. 9. In adopting this tariff, I recognize that our Nation has important security relationships with some countries whose exports of steel articles to the United States weaken our internal economy and thereby threaten to impair the national security. I also recognize our shared concern about global excess capacity, a circumstance that is contributing to the threatened impairment of the national security. Any country with which we have a security relation- ship is welcome to discuss with the United States alternative ways to address the threatened impairment of the national security caused by imports from that country. Should the United States and any such country arrive at a satisfactory alternative means to address the threat to the national security such that I determine that imports from that country no longer threaten to impair the national security, I may remove or modify the restriction on steel articles imports from that country and, if necessary, make any corresponding adjustments to the tariff as it applies to other countries as our national security interests require. 10. I conclude that Canada and Mexico present a special case. Given our shared commitment to supporting each other in addressing national security concerns, our shared commitment to addressing global excess capacity for producing steel, the physical proximity of our respective industrial bases, the robust economic integration between our countries, the export of steel articles produced in the United States to Canada and Mexico, and the close relation of the economic welfare of the United States to our national security, see 19 U.S.C. 1862(d), I have determined that the necessary and appropriate means to address the threat to the national security posed by imports of steel articles from Canada and Mexico is to continue ongoing discussions with these countries and to exempt steel articles imports from these countries from the tariff, at least at this time. I expect that Canada and Mexico will take action to prevent transshipment of steel articles through Canada and Mexico to the United States. 11. In the meantime, the tariff imposed by this proclamation is an important first step in ensuring the economic viability of our domestic steel industry.

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Without this tariff and satisfactory outcomes in ongoing negotiations with Canada and Mexico, the industry will continue to decline, leaving the United States at risk of becoming reliant on foreign producers of steel to meet our national security needs—a situation that is fundamentally inconsistent with the safety and security of the American people. It is my judgment that the tariff imposed by this proclamation is necessary and appropriate to adjust imports of steel articles so that such imports will not threaten to impair the national security as defined in section 232 of the Trade Expansion Act of 1962, as amended. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, section 604 of the Trade Act of 1974, as amended, and section 232 of the Trade Expansion Act of 1962, as amended, do hereby proclaim as follows: (1) For the purposes of this proclamation, ‘‘steel articles’’ are defined at the Harmonized Tariff Schedule (HTS) 6-digit level as: 7206.10 through 7216.50, 7216.99 through 7301.10, 7302.10, 7302.40 through 7302.90, and 7304.10 through 7306.90, including any subsequent revisions to these HTS classifications. (2) In order to establish increases in the duty rate on imports of steel articles, subchapter III of chapter 99 of the HTSUS is modified as provided in the Annex to this proclamation. Except as otherwise provided in this proclamation, or in notices published pursuant to clause 3 of this proclama- tion, all steel articles imports specified in the Annex shall be subject to an additional 25 percent ad valorem rate of duty with respect to goods entered, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on March 23, 2018. This rate of duty, which is in addition to any other duties, fees, exactions, and charges applicable to such imported steel articles, shall apply to imports of steel articles from all countries except Canada and Mexico. (3) The Secretary, in consultation with the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the United States Trade Representa- tive (USTR), the Assistant to the President for National Security Affairs, the Assistant to the President for Economic Policy, and such other senior Executive Branch officials as the Secretary deems appropriate, is hereby authorized to provide relief from the additional duties set forth in clause 2 of this proclamation for any steel article determined not to be produced in the United States in a sufficient and reasonably available amount or of a satisfactory quality and is also authorized to provide such relief based upon specific national security considerations. Such relief shall be provided for a steel article only after a request for exclusion is made by a directly affected party located in the United States. If the Secretary determines that a particular steel article should be excluded, the Secretary shall, upon pub- lishing a notice of such determination in the Federal Register, notify Customs and Border Protection (CBP) of the Department of Homeland Security con- cerning such article so that it will be excluded from the duties described in clause 2 of this proclamation. The Secretary shall consult with CBP to determine whether the HTSUS provisions created by the Annex to this proclamation should be modified in order to ensure the proper administration of such exclusion, and, if so, shall make such modification to the HTSUS through a notice in the Federal Register. (4) Within 10 days after the date of this proclamation, the Secretary shall issue procedures for the requests for exclusion described in clause 3 of this proclamation. The issuance of such procedures is exempt from Executive Order 13771 of January 30, 2017 (Reducing Regulation and Controlling Regu- latory Costs). (5) (a) The modifications to the HTSUS made by the Annex to this proclama- tion shall be effective with respect to goods entered, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time

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on March 23, 2018, and shall continue in effect, unless such actions are expressly reduced, modified, or terminated. (b) The Secretary shall continue to monitor imports of steel articles and shall, from time to time, in consultation with the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the USTR, the Assistant to the President for National Security Affairs, the Assistant to the President for Economic Policy, the Director of the Office of Management and Budget, and such other senior Executive Branch officials as the Secretary deems appropriate, review the status of such imports with respect to the national security. The Secretary shall inform the President of any circumstances that in the Secretary’s opinion might indicate the need for further action by the President under section 232 of the Trade Expansion Act of 1962, as amended. The Secretary shall also inform the President of any cir- cumstance that in the Secretary’s opinion might indicate that the increase in duty rate provided for in this proclamation is no longer necessary. (6) Any provision of previous proclamations and Executive Orders that is inconsistent with the actions taken in this proclamation is superseded to the extent of such inconsistency. IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of March, in the year of our Lord two thousand eighteen, and of the Independ- ence of the United States of America the two hundred and forty-second.

Billing code 3295–F8–P

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ANNEX

TO MODIFY CHAPTER 99 OF THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES

Effective with respect to goods entered, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on March 23, 2018, subchapter III of chapter 99 of the Harmonized Tariff Schedule ofthe United States is modified by inserting in numerical sequence the following new note and tariff provision, with the material in these provisions inserted in the columns labeled ..Heading/Subheading", .. Article Description", .. Rates of Duty 1-General", and .. Rates ofDuty 2", respectively:

.. 16. (a) Heading 9903.80.01 sets forth the ordinary customs duty treatment applicable to all entries of iron or steel products from all countries, except products of Canada and of Mexico, classifiable in the headings or subheadings enumerated in this note. Such goods shall be subject to duty as provided herein. No special rates of duty shall be accorded to goods covered by heading 9903.80.01 under any tariff program enumerated in general note 3(c)(i) to the tariff schedule. All anti-dumping, countervailing, or other duties and charges applicable to such goods shall continue to be imposed.

(b) The rates of duty set forth in heading 9903.80.01 apply to all imported products of iron or steel classifiable in the provisions enumerated in this subdivision:

(i) flat-rolled products provided for in headings 7208, 7209, 7210, 7211, 7212, 7225 or 7226;

(ii) bars and rods provided for in headings 7213, 7214, 7215, 7227, or 7228, angles, shapes and sections of7216 (except subheadings 7216.61.00, 7216.69.00 or 7216.91.00); wire provided for in headings 7217 or 7229; sheet piling provided for in subheading 7301.1 0.00; rails provided for in subheading 7302.1 0; fish-plates and sole plates provided for in subheading 7302.40.00; and other products of iron or steel provided for in subheading 7302.90.00;

(iii) tubes, pipes and hollow profiles provided for in heading 7304, or 7306; tubes and pipes provided for in heading 7305.

(iv) ingots, other primary forms and semi-finished products provided for in heading 7206, 7207 or 7224; and

(v) products of stainless steel provided for in heading 7218, 7219,7220, 7221, 7222 or 7223.

(c) The Secretary of Commerce may determine and announce any exclusions from heading 9903.80.01 that may be appropriate for individual iron or steel products

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otherwise covered by subdivision (b) of this note or for individual shipments thereof, whether or not limited to particular quantities of any such goods or shipments, and shall immediately convey all such determinations to U.S. Customs and Border Protection ("CBP") for implementation by CBP at the earliest possible opportunity, but not later than five business days after the date on which CBP receives any such determination from Commerce.

(d) Any importer entering the iron or steel products covered by this note under heading 9903.80.01 shall provide any information that may be required, and in such form, as is deemed necessary by CBP in order to permit the administration of this subheading. Importers are likewise directed to report information concerning any applicable exclusion granted by Commerce in such form as CBP may require.

Rates of Duty Heading! Article description 1 2 Subheading General Special 9903.80.01 "Products of iron or steel provided for in the tariff headings or subheadings enumerated in note 16 to this subchapter, except products of Canada or of Mexico or any exclusions that may be determined and announced by the Department 25% The duty of Commerce ...... provided in the applic- able sub- heading+ 25%"

[FR Doc. 2018–05478

Filed 3–14–18; 11:15 am] Billing code 7020–02–C

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Order of March 12, 2018

Regarding the Proposed Takeover of Qualcomm Incorporated by Broadcom Limited

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 721 of the Defense Production Act of 1950, as amended (section 721), 50 U.S.C. 4565, it is hereby ordered as follows: Section 1. Findings. (a) There is credible evidence that leads me to believe that Broadcom Limited, a limited company organized under the laws of Singapore (Broadcom), along with its partners, subsidiaries, or affiliates, including Broadcom Corporation, a California corporation, and Broadcom Cayman L.P., a Cayman Islands limited partnership, and their partners, subsidiaries, or affiliates (together, the Purchaser), through exercising control of Qualcomm Incorporated (Qualcomm), a Delaware corporation, might take action that threatens to impair the national security of the United States; and (b) Provisions of law, other than section 721 and the International Emer- gency Economic Powers Act (50 U.S.C. 1701 et seq.), do not, in my judgment, provide adequate and appropriate authority for me to protect the national security in this matter. Sec. 2. Actions Ordered and Authorized. On the basis of the findings set forth in section 1 of this order, considering the factors described in subsection 721(f) of the Defense Production Act of 1950, as appropriate, and pursuant to my authority under applicable law, including section 721, I hereby order that: (a) The proposed takeover of Qualcomm by the Purchaser is prohibited, and any substantially equivalent merger, acquisition, or takeover, whether effected directly or indirectly, is also prohibited. (b) All 15 individuals listed as potential candidates on the Form of Blue Proxy Card filed by Broadcom and Broadcom Corporation with the Securities and Exchange Commission on February 20, 2018 (together, the Candidates), are hereby disqualified from standing for election as directors of Qualcomm. Qualcomm is prohibited from accepting the nomination of or votes for any of the Candidates. (c) The Purchaser shall uphold its proxy commitments to those Qualcomm stockholders who have returned their final proxies to the Purchaser, to the extent consistent with this order. (d) Qualcomm shall hold its annual stockholder meeting no later than 10 days following the written notice of the meeting provided to stockholders under Delaware General Corporation Law, Title 8, Chapter 1, Subchapter VII, section 222(b), and that notice shall be provided as soon as possible. (e) The Purchaser and Qualcomm shall immediately and permanently abandon the proposed takeover. Immediately upon completion of all steps necessary to terminate the proposed takeover of Qualcomm, the Purchaser and Qualcomm shall certify in writing to the Committee on Foreign Invest- ment in the United States (CFIUS) that such termination has been effected in accordance with this order and that all steps necessary to fully and permanently abandon the proposed takeover of Qualcomm have been com- pleted.

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(f) From the date of this order until the Purchaser and Qualcomm provide a certification of termination of the proposed takeover to CFIUS pursuant to subsection (e) of this section, the Purchaser and Qualcomm shall certify to CFIUS on a weekly basis that they are in compliance with this order and include a description of efforts to fully and permanently abandon the proposed takeover of Qualcomm and a timeline for projected completion of remaining actions. (g) Any transaction or other device entered into or employed for the purpose of, or with the effect of, avoiding or circumventing this order is prohibited. (h) If any provision of this order, or the application of any provision to any person or circumstances, is held to be invalid, the remainder of this order and the application of its other provisions to any other persons or circumstances shall not be affected thereby. If any provision of this order, or the application of any provision to any person or circumstances, is held to be invalid because of the lack of certain procedural requirements, the relevant executive branch officials shall implement those procedural requirements. (i) This order supersedes the Interim Order issued by CFIUS on March 4, 2018. (j) The Attorney General is authorized to take any steps necessary to enforce this order. Sec. 3. Reservation. I hereby reserve my authority to issue further orders with respect to the Purchaser and Qualcomm as shall in my judgment be necessary to protect the national security of the United States. Sec. 4. Publication and Transmittal. (a) This order shall be published in the Federal Register. (b) I hereby direct the Secretary of the Treasury to transmit a copy of this order to Qualcomm and Broadcom.

THE WHITE HOUSE, March 12, 2018. [FR Doc. 2018–05479 Filed 3–14–18; 11:15 am] Billing code 3295–F8–P

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Reader Aids Federal Register Vol. 83, No. 51 Thursday, March 15, 2018

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MARCH

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. 12 CFR Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Proclamations: 265...... 9419 347...... 9135 The United States Government Manual 741–6000 9700...... 9405 9701...... 9407 741...... 10783 Other Services 9702...... 9409 1026...... 10553 Electronic and on-line services (voice) 741–6020 9703...... 10355 Ch. XI...... 9135 Privacy Act Compilation 741–6050 9704...... 11619 Proposed Rules: Public Laws Update Service (numbers, dates, etc.) 741–6043 9705...... 11625 210...... 11431 Executive Orders: 1290...... 11344 10830 (Amended by 1291...... 11344 ELECTRONIC RESEARCH EO 13824)...... 8923 12473 (Amended by 14 CFR World Wide Web EO 13825)...... 9889 13265 (Amended by 1...... 9162 Full text of the daily Federal Register, CFR and other publications 21...... 9162 is located at: www.fdsys.gov. EO 13824)...... 8923 13545 (Revoked by 23...... 9176 Federal Register information and research tools, including Public EO 13824)...... 8923 25...... 9162, 10559 Inspection List, indexes, and Code of Federal Regulations are 13824...... 8923 26...... 9162 located at: www.ofr.gov. 13825...... 9889 27...... 9162, 9419 13826...... 10771 29...... 9419 E-mail Administrative Orders: 34...... 9162 FEDREGTOC (Daily Federal Register Table of Contents Electronic Notices: 39 ...... 8743, 8745, 8927, 9178, Mailing List) is an open e-mail service that provides subscribers Notice of March 2, 9424, 9683, 9685, 9688, with a digital form of the Federal Register Table of Contents. The 2018 ...... 9413 9692, 9793, 9795, 9797, digital form of the Federal Register Table of Contents includes Notice of March 2, 9801, 9811, 10358, 10360, HTML and PDF links to the full text of each document. 2018 ...... 9415 10563, 10565, 11397, 11399, Notice of March 2, 11404 To join or leave, go to https://public.govdelivery.com/accounts/ 43...... 9162 USGPOOFR/subscriber/new, enter your email address, then 2018 ...... 9417 Notice of March 12, 45...... 9162 follow the instructions to join, leave, or manage your 60...... 9162 subscription. 2018 ...... 11393 Memorandums: 61...... 9162 PENS (Public Law Electronic Notification Service) is an e-mail Memorandum of April 63...... 9162 service that notifies subscribers of recently enacted laws. 29, 2016 (Revoked 65...... 9162 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html by EO 13826)...... 10771 71 ...... 9181, 9813, 9814, 9816, and select Join or leave the list (or change settings); then follow Memorandum of 11407, 11408, 11409, 11411 the instructions. February 20, 2018 ...... 9681 73...... 10784 Orders: 91...... 9162, 10567 FEDREGTOC and PENS are mailing lists only. We cannot Order of March 12, 97 ...... 9162, 10363, 10365 respond to specific inquiries. 2018 ...... 11631 107...... 9162 Reference questions. Send questions and comments about the 110...... 9162 Federal Register system to: [email protected] 7 CFR 119...... 9162 The Federal Register staff cannot interpret specific documents or 3...... 11129 121...... 9162 regulations. 205...... 10775 125...... 9162 319...... 11395 129...... 9162 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 983...... 11134 133...... 9162 longer appears in the Federal Register. This information can be 1212...... 11136 135...... 9162 found online at http://bookstore.gpo.gov/. 1734...... 10357 137...... 9162 Proposed Rules: 141...... 9162 FEDERAL REGISTER PAGES AND DATE, MARCH 210...... 9447 142...... 9162 235...... 9447 145...... 9162 8743–8922...... 1 925...... 8802 183...... 9162 8923–9134...... 2 959...... 8804 Proposed Rules: 9135–9418...... 5 39 ...... 8807, 8810, 8951, 9238, 9 CFR 9419–9682...... 6 9818, 9820, 10408, 10411, 9683–9792...... 7 101...... 11139 10415, 10809 9793–10356...... 8 114...... 11139 71 ...... 9242, 9243, 9451, 9452, 10357–10552...... 9 10 CFR 9822, 10644, 11443, 11445, 11446 10553–10774...... 12 Proposed Rules: 10775–11128...... 13 Ch. I...... 10407, 11154 11129–11394...... 14 15 CFR 11395–11632...... 15 11 CFR Proposed Rules: 1...... 10357 922...... 8812

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16 CFR 4043...... 9716 37 CFR 45 CFR Proposed Rules: 4044...... 9716 Proposed Rules: Proposed Rules: Ch. II ...... 10418 30 CFR 201...... 9824 1355...... 11449, 11450 550...... 8930 17 CFR 38 CFR 47 CFR 553...... 8930 143...... 9426 10...... 10800 723...... 10611 9...... 10622 15...... 10640, 10641 724...... 10611 17...... 9208 18 CFR 25...... 11146 845...... 10611 36...... 8945 11...... 10568 54...... 10800 846...... 10611 42...... 8945 35...... 9580, 9636 64...... 11422 157...... 9697 Proposed Rules: 74...... 10640, 10641 904...... 10646 39 CFR 938...... 10647 Proposed Rules: 20 CFR 111...... 10624 36...... 10817 265...... 9433 404...... 11143 31 CFR 54...... 8962, 11452 3020...... 10370 73...... 8828 21 CFR 510...... 9182 40 CFR 573...... 8929 33 CFR 48 CFR 51...... 10376 864...... 11143 117 .....8747, 8748, 8933, 8936, 752...... 9712 52 ...... 8750, 8752, 8756, 9213, 872...... 11144 8937, 9204, 9429, 9430, 816...... 10643 9435, 9438, 10626, 10788, 878...... 9698 9431, 9432, 9824, 10617, 828...... 10643, 10801 10791, 10796 1308...... 10367 10785, 11145, 11415 852...... 10643 60...... 10628 Proposed Rules: 165 ...8748, 8938, 9205, 10368, 62...... 11416, 11418 73...... 9715 10786 49 CFR 63...... 9215 101...... 8953 Proposed Rules: 225...... 9219 573...... 10645 81...... 8756, 10796 1102...... 9222 100 ...... 8955, 8957, 9454 82...... 9703 117...... 10648 26 CFR 180 .....8758, 9440, 9442, 9703, 50 CFR 165 .....9245, 9247, 9249, 9252, 11420 1...... 10785 300...... 10390 9456, 10419 271...... 10383 801...... 9700 635 ...... 8946, 9232, 10802 Proposed Rules: 34 CFR Proposed Rules: 648 ...... 8764, 10803, 11146, 301...... 10811 230...... 9207 52 ...... 8814, 8818, 8822, 8961, 11428 Ch. VI...... 10619 10650, 10652, 10813, 11155 660...... 11146 29 CFR 63...... 9254, 11314 679 .....8768, 9235, 9236, 9713, 1910...... 9701, 11413 36 CFR 81...... 10814 10406, 10807, 11152, 11153, 1915...... 9701 7...... 8940 174...... 8827 11429 1926...... 9701 1258...... 11145 180...... 9471, 11448 257...... 11584 Proposed Rules: 4022...... 11413 Proposed Rules: 17...... 11162, 11453 4044...... 11413 2...... 8959 218...... 9366, 10954 44 CFR Proposed Rules: 1007...... 9459 622...... 11164 4001...... 9716 1008...... 9459 64...... 10638 635...... 9255 4022...... 9716 1009...... 9459 Proposed Rules: 648...... 11474 4041...... 9716 1011...... 9459 9...... 9473 679...... 9257

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