Vol. 82 Friday, No. 193 October 6, 2017

Pages 46655–46892

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 82, No. 193

Friday, October 6, 2017

Editorial Note: The print edition of the Federal Register Elementary and Secondary Education Act, as Amended for Monday, October 2, 2017, contained a typographical by the No Child Left Behind Act, 46773–46803 error on the cover and spine. The volume number listed on the cover and spine read ‘‘83,’’ but should have read ‘‘82.’’ Employment and Training Administration NOTICES Worker Adjustment Assistance; Determinations, 46832– Agriculture Department 46835 See National Agricultural Statistics Service Worker Adjustment Assistance; Investigations, 46835– See Rural Business-Cooperative Service 46837 RULES Education Programs or Activities Receiving or Benefitting Energy Department From Federal Financial Assistance, 46655–46666 See Bonneville Power Administration Army Department Environmental Protection Agency NOTICES RULES Meetings: Air Quality State Implementation Plans; Approvals and Board of Visitors, United States Military Academy, 46772 Promulgations: Western Hemisphere Institute for Security Cooperation Alabama; Cross-State Air Pollution Rule, 46674–46679 Board of Visitors, 46772–46773 Florida; Permitting Revisions, 46682–46685 Missouri; Infrastructure SIP Requirements for the 2008 Bonneville Power Administration Ozone National Ambient Air Quality Standard, NOTICES 46679–46681 Bonneville Purchasing Instructions and Bonneville Missouri; Infrastructure SIP Requirements for the 2010 Financial Assistance Instructions; Availability, 46803– Sulfur Dioxide National Ambient Air Quality 46804 Standard, 46672–46674 Klickitat Hatchery Upgrades, 46804–46805 North Dakota; Requirements for the 2010 SO2 and 2012 PM2.5 National Ambient Air Quality Standards; Census Bureau Promulgation of State Implementation Plan PROPOSED RULES Revisions, 46681–46682 Foreign Trade: Pesticide Tolerances: Standard and Routed Export Transactions, 46739–46740 Florpyrauxifen-benzyl, 46685–46688 PROPOSED RULES Coast Guard Air Quality State Implementation Plans; Approvals and RULES Promulgations: Special Local Regulations: Missouri; Infrastructure SIP Requirements for the 2008 Marine Events Within the Fifth Coast Guard District, Ozone National Ambient Air Quality Standard, 46672 46741–46742 Missouri; Infrastructure SIP Requirements for the 2010 Commerce Department Sulfur Dioxide National Ambient Air Quality See Census Bureau Standard, 46742 See Foreign-Trade Zones Board New Jersey; Motor Vehicle Enhanced Inspection and See International Trade Administration Maintenance Program, 46742–46748 See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Comptroller of the Currency Submissions, and Approvals: NOTICES Regulation of Fuels and Fuel Additives: Detergent Agency Information Collection Activities; Proposals, Gasoline, 46806–46808 Submissions, and Approvals, 46887–46890 Confidential Business Information Access: Pending Enforcement Litigation; Transfer of Information Consumer Product Safety Commission Claimed as Confidential Business Information to the PROPOSED RULES United States Department of Justice and Party to Petition Requesting Rulemaking on Magnet Sets, 46740– Certain Litigation, 46805–46806 46741 Environmental Impact Statements; Availability, etc.: Weekly Receipts, 46808 Defense Department See Army Department Equal Employment Opportunity Commission See Navy Department NOTICES SES Performance Review Board Membership, 46808 Education Department NOTICES Export–Import Bank Waivers: NOTICES Elementary and Secondary Education Act, as Amended Agency Information Collection Activities; Proposals, by the Every Student Succeeds Act, 46796–46799 Submissions, and Approvals, 46808–46809

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Federal Accounting Standards Advisory Board Georgia; Amendment No. 4, 46812–46813 NOTICES New Hampshire; Amendment No. 1, 46814 Federal Financial Accounting Technical Releases: New Hampshire; Amendment No. 2, 46820 Implementation Guidance for Establishing Opening Puerto Rico; Amendment No. 1, 46816–46817 Balances, 46809 Puerto Rico; Amendment No. 4, 46815–46816 Virgin Islands, 46818–46819 Federal Aviation Administration Wyoming; Amendment No. 2, 46817 RULES Airworthiness Directives: General Electric Company Turbofan Engines, 46669– Federal Highway Administration 46671 NOTICES PROPOSED RULES Buy America Waivers, 46882–46883 Airworthiness Directives: Final Federal Agency Actions: Airbus Airplanes, 46729–46738 West Davis Corridor Project, Davis and Weber County, Safran Helicopter Engines, S.A., Turboshaft Engines, UT, 46881–46882 46727–46729 Utah; Proposed Highway, 46880–46881 The Boeing Company Airplanes, 46719–46727 Criteria and Process for the Cancellation of Standard Federal Maritime Commission Instrument Approach Procedures as Part of the National Procedures Assessment, 46738–46739 NOTICES NOTICES Agreements Filed, 46811 Petitions for Exemption; Summaries, 46880 Federal Railroad Administration Federal Communications Commission NOTICES RULES Petitions for Informational Filing: Permitting Radar Services in 76–81 GHz Band, 46688– Yadkin Valley Railroad, 46885 46689 Petitions for Waivers of Compliance: Procedures for Commission Review of State Opt-Out Central Montana Rail, Inc., 46885–46886 Request From the FirstNet Radio Access Network, Norfolk Southern Corp., 46884–46885 46690–46691 NOTICES Siemens Mobility Division Rolling Stock, 46883–46884 Agency Information Collection Activities; Proposals, Southeastern Pennsylvania Transportation Authority, Submissions, and Approvals, 46809–46810 46886 Requests for Positive Train Control Safety Plan Approvals Federal Deposit Insurance Corporation and System Certifications: NOTICES North County Transit District, 46886–46887 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 46887–46890 Federal Reserve System Terminations of Receivership: RULES Summit Bank, Burlington, WA, 46810 Policy on Payment System Risk, 46668–46669 NOTICES Federal Election Commission Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 46887–46890 Meetings; Sunshine Act, 46810–46811

Federal Emergency Management Agency Fish and Wildlife Service NOTICES RULES Emergency and Related Determinations: Endangered and Threatened Species: Virgin Islands, 46817–46818 Endangered Species Status for Dalea carthagenensis var. Emergency Declarations: floridana (Florida Prairie-clover), and Threatened Florida; Amendment No. 1, 46815 Species Status for Sideroxylon reclinatum ssp. Florida; Amendment No. 8, 46815 austrofloridense (Everglades Bully), Digitaria Georgia; Amendment No. 3, 46814 pauciflora (Florida Pineland Crabgrass), and Louisiana; Amendment No. 2, 46812 Chamaesyce deltoidea ssp. pinetorum (Pineland Seminole Tribe of Florida; Amendment No. 1, 46818 Sandmat), 46691–46715 South Carolina; Amendment No. 1, 46814–46815 PROPOSED RULES South Carolina; Amendment No. 2, 46819 Endangered and Threatened Species: Major Disaster and Related Determinations: Louisiana Pinesnake; 6-Month Extension of Final Puerto Rico, 46820–46821 Determination on Proposed Threatened Status, Seminole Tribe of Florida, 46813 46748–46749 Virgin Islands, 46813–46814 NOTICES Major Disaster Declarations: Environmental Assessments; Availability, etc.: Florida; Amendment No. 4, 46819–46820 Draft Habitat Conservation Plan San Antonio Water Florida; Amendment No. 5, 46816 System Micron and Water Resources Integration Florida; Amendment No. 6, 46812 Program Water Pipelines, Bexar County, TX, 46828– Florida; Amendment No. 7, 46818 46829 Georgia; Amendment No. 2, 46816 Permits: Georgia; Amendment No. 3, 46821 Foreign Endangered Species; Issuance, 46829–46830

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Foreign-Trade Zones Board See Occupational Safety and Health Administration NOTICES Production Activities: Land Management Bureau Bauer Manufacturing LLC dba NEORig, Foreign-Trade NOTICES Zone 265, Conroe, TX, 46754 Environmental Impact Statements; Availability, etc.: Gold Bar Mine Project, Eureka County, NV, 46830–46831 Government Publishing Office NOTICES National Aeronautics and Space Administration Meetings: NOTICES Depository Library Council, 46811 Intents to Grant Partially Exclusive Term Licenses, 46839 Health and Human Services Department See National Institutes of Health National Agricultural Statistics Service NOTICES Homeland Security Department Agency Information Collection Activities; Proposals, See Coast Guard Submissions, and Approvals, 46753 See Federal Emergency Management Agency National Institutes of Health Housing and Urban Development Department NOTICES NOTICES Meetings: Relief From HUD Requirements Available to PHAs To National Institute of Diabetes and Digestive and Kidney Assist With Recovery and Relief Efforts on Behalf of Diseases, 46811 Families Affected by Hurricanes Harvey, Irma, Maria, etc., 46821–46828 National Oceanic and Atmospheric Administration PROPOSED RULES Interior Department Fisheries of the Northeastern United States: See Fish and Wildlife Service Essential Fish Habitat, 46749–46752 See Land Management Bureau NOTICES Agency Information Collection Activities; Proposals, Internal Revenue Service Submissions, and Approvals, 46770 RULES Agency Information Collection Activities; Proposals, Income Taxes; CFR Correction, 46671–46672 Submissions, and Approvals: International Trade Administration Pacific Islands Region Permit Family of Forms, 46771 Meetings: NOTICES Fisheries of the Gulf of Mexico; Southeast Data, Antidumping or Countervailing Duty Investigations, Orders, Assessment, and Review; Correction, 46769–46770 or Reviews: Western Pacific Fishery Management Council; Correction, Certain Circular Welded Non-Alloy Steel Pipe From 46771–46772 Brazil, Mexico, the Republic of Korea, and Taiwan and Certain Circular Welded Carbon Steel Pipes and Tubes From Taiwan, 46761–46763 National Science Foundation Certain Lined Paper Products From India, 46764–46766 NOTICES Certain New Pneumatic Off-The-Road Tires From the Meetings: People’s Republic of China, 46754–46756 Advisory Committee for Social, Behavioral and Economic Certain Stainless Steel Butt-Weld Pipe Fittings From Sciences, 46839 Italy, Malaysia, and the Philippines; Final Results of Meetings; Sunshine Act, 46839–46840 Expedited Sunset Review, 46763–46764 Requests for Information: Circular Welded Carbon Steel Pipes and Tubes From Mid-scale Research Infrastructure, 46840 Turkey, 46768–46769 Crystalline Silicon Photovoltaic Cells, Whether or Not Navy Department Assembled Into Modules, From the People’s Republic NOTICES of China, 46760–46761 Environmental Impact Statements; Availability, etc.: High Pressure Steel Cylinders From the People’s Republic Former Naval Weapons Station Seal Beach, Detachment of China, 46758–46760 Concord, Concord, CA, 46773 Oil Country Tubular Goods From the Republic of Turkey, 46767–46768 Nuclear Regulatory Commission Export Trade Certificates of Review: RULES Northwest Fruit Exporters, 46756–46758 Prompt Remediation of Residual Radioactivity During Operation, 46666–46668 International Trade Commission PROPOSED RULES NOTICES Fire Protection Compensatory Measures, 46717–46719 Investigations; Determinations, Modifications, and Rulings, NOTICES etc.: Agreement State Program Policy Statement, 46840–46843 Stainless Steel Flanges From China and India, 46831– Meetings; Sunshine Act, 46843–46844 46832 Meetings; Sunshine Act, 46831 Occupational Safety and Health Administration NOTICES Labor Department Nationally Recognized Testing Laboratories: See Employment and Training Administration Curtis-Strauss, LLC, 46837–46839

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Rural Business-Cooperative Service Transportation Department NOTICES See Federal Aviation Administration Agency Information Collection Activities; Proposals, See Federal Highway Administration Submissions, and Approvals, 46753–46754 See Federal Railroad Administration PROPOSED RULES Geographic-Based Hiring Preferences in Administering Securities and Exchange Commission Federal Awards; Withdrawal, 46716–46717 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Treasury Department ICE Clear Credit LLC, 46844–46845 See Comptroller of the Currency Nasdaq MRX, LLC, 46848–46865 See Internal Revenue Service New York Stock Exchange LLC, 46845–46848 NOTICES NYSE Arca, Inc., 46865–46877 Interest Rate Paid on Cash Deposited to Secure U.S. The NASDAQ Stock Market LLC, 46877–46879 Immigration and Customs Enforcement Immigration Bonds, 46890–46891 Surface Transportation Board NOTICES Lease and Operation Exemptions: Reader Aids Scrap Metal Services Terminal Railroad Co., LLC From Consult the Reader Aids section at the end of this issue for Scrap Metal Services, LLC, 46879–46880 phone numbers, online resources, finding aids, and notice of recently enacted public laws. Trade Representative, Office of United States To subscribe to the Federal Register Table of Contents NOTICES electronic mailing list, go to https://public.govdelivery.com/ Environmental Review of the Proposed Renegotiation of the accounts/USGPOOFR/subscriber/new, enter your e-mail North American Free Trade Agreement; Correction, address, then follow the instructions to join, leave, or 46880 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.

2 CFR Proposed Rules: 1201...... 46716 7 CFR 15a...... 46655 10 CFR 20...... 46666 Proposed Rules: 50...... 46717 12 CFR Ch.II ...... 46668 14 CFR 39...... 46669 Proposed Rules: 39 (5 documents) ...... 46719, 46722, 46725, 46727, 46729 97...... 46738 15 CFR Proposed Rules: 30...... 46739 16 CFR Proposed Rules: Ch.II ...... 46740 26 CFR 1 (2 documents) ...... 46671, 46672 33 CFR 100...... 46672 40 CFR 52 (5 documents) ...... 46672, 46674, 46679, 46681, 46682 180...... 46685 Proposed Rules: 52 (3 documents) ...... 46741, 46742 47 CFR 1...... 46688 2...... 46688 15...... 46688 90 (2 documents) ...... 46688, 46690 95...... 46688 97...... 46688 50 CFR 17...... 46691 Proposed Rules: 17...... 46748 648...... 46749

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Rules and Regulations Federal Register Vol. 82, No. 193

Friday, October 6, 2017

This section of the FEDERAL REGISTER participating Federal agencies that had New part 15a Existing part 15a contains regulatory documents having general not previously promulgated Title IX applicability and legal effect, most of which implementing regulations (referred to as 15a.140 15a.8 are keyed to and codified in the Code of the ‘‘common rule’’). The Department of Federal Regulations, which is published under Justice coordinated development of the Subpart B 50 titles pursuant to 44 U.S.C. 1510. Title IX common rule, consistent with 15a.200 15a.11 The Code of Federal Regulations is sold by its responsibility under Executive Order 15a.205 15a.12 the Superintendent of Documents. 12250, to ensure the consistent and 15a.210 15a.13 effective implementation of Title IX and 15a.215 15a.14 other civil rights laws. USDA, as one of 15a.220 15a.16 DEPARTMENT OF AGRICULTURE the Federal agencies that had already 15a.225 15a.17 promulgated Title IX regulations, did 15a.230 15a.18 7 CFR Part 15a not publish new rules to reflect the 15a.235 15a.15 RIN 0503–AA60 common rulemaking. Subpart C Upon further consideration, USDA Education Programs or Activities decided to amend its Title IX 15a.300 15a.21 Receiving or Benefitting From Federal regulations to adopt the language of the 15a.305 15a.22 Financial Assistance common rule. USDA’s Title IX 15a.310 15a.23 regulations have not been updated since AGENCY: Office of the Assistant 1979 and do not reflect intervening Subpart D Secretary for Civil Rights, USDA. developments, including certain 15a.400 15a.31 ACTION: Final rule. Supreme Court decisions, revisions by 15a.405 15a.32 the Department of Education and the 15a.410 15a.33 SUMMARY: This rule updates the Department of Justice (‘‘DOJ’’), the Civil 15a.415 15a.34 regulations required for the enforcement Rights Restoration Act of 1987 (Pub. L. 15a.420 15a.35 of Title IX of the Education 100–259), and various Executive Orders. 15a.425 15a.36 Amendments of 1972, as amended By harmonizing the provisions of 7 CFR 15a.430 15a.37 (commonly referred to as ‘‘Title IX’’) for part 15a with the common rule, USDA 15a.435 15a.38 15a.440 15a.39 financial assistance from the brings its regulations up-to-date, Department of Agriculture. Title IX 15a.445 15a.40 complies with Executive Order 13777, 15a.450 15a.41 prohibits discrimination on the basis of ‘‘Enforcing the Regulatory Reform 15a.455 15a.42 sex in education programs or activities Agenda,’’ dated February 24, 2017, that receive Federal financial assistance. follows current guidance from DOJ, and Subpart E The regulation provides guidance to makes it easier for recipients of USDA recipients of Federal financial assistance financial assistance to understand and 15a.500 15a.51 15a.505 15a.52 who administer education programs or comply with Title IX requirements. The activities. The changes made by this 15a.510 15a.53 revisions to 7 CFR part 15a merely 15a.515 15a.54 rule will promote consistency in the conform USDA’s regulations to the Title 15a.520 15a.55 enforcement of Title IX for USDA IX common rule adopted by other 15a.525 15a.56 financial assistance recipients. federal agencies and reflect changes in 15a.530 15a.57 DATES: Effective: November 6, 2017. the law since USDA published its Title 15a.535 15a.58 15a.540 15a.59 FOR FURTHER INFORMATION CONTACT: IX regulations in 1979. This rule imposes no new substantive 15a.545 15a.60 David King, telephone (202) 720–3808. 15a.550 15a.61 requirements on recipients of USDA SUPPLEMENTARY INFORMATION: The financial assistance. purpose of this rule is to update the Subpart F As shown in the following ‘‘cross- regulations in 7 CFR part 15a for the walk’’ table, some of the provisions of 15a.605 15a.71 enforcement of Title IX (20 U.S.C. 1681– new part 15a (renumbered to 1683, 1685–1688) as it applies to correspond to the common rule) appear Public Comment educational programs and activities that in different order than in the existing receive Federal financial assistance from In general, the Administrative regulations in part 15a: USDA. Procedure Act (5 U.S.C. 553) requires that a notice of proposed rulemaking be On April 11, 1979, USDA published New part 15a Existing part 15a a final rule (44 FR 21610) to implement published in the Federal Register and USDA’s Title IX regulations, which Subpart A interested persons be given an prohibit discrimination on the basis of opportunity to participate in the sex in educational programs or activities 15a.100 15a.1 rulemaking through submission of operated by recipients of Federal 15a.105 15a.2 written data, views, or arguments with 15a.110 15a.3 or without opportunity for oral financial assistance. 15a.115 15a.4 On August 30, 2000, 20 Federal 15a.120 N/A presentation, except when the rule departments and agencies published a 15a.125 15a.5 involves a matter relating to public final rule (65 FR 52858) to provide for 15a.130 15a.6 property, loans, grants, benefits, or the enforcement of Title IX by 15a.135 15a.7 contracts. This rule involves benefits

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and is therefore being published as a rulemaking under 5 U.S.C. 553 and USDA has assessed the impact of this final rule without the prior opportunity therefore, USDA is not required by any rule on Indian tribes and determined for comments. law to publish a proposed rule for that this rule does not, to our public comment for this rulemaking. knowledge, have tribal implications that Executive Orders 12866, 13563, 13771, require tribal consultation under and 13777 Executive Order 12372 Executive Order 13175. If a Tribe Executive Order 12866, ‘‘Regulatory Executive Order 12372, requests consultation, USDA will work Planning and Review,’’ and Executive ‘‘Intergovernmental Review of Federal with the USDA Office of Tribal Order 13563, ‘‘Improving Regulation Programs,’’ requires consultation with Relations to ensure meaningful and Regulatory Review,’’ direct agencies State and local officials. The objectives consultation is provided where to assess all costs and benefits of of the Executive Order are to foster an requested. available regulatory alternatives and, if intergovernmental partnership and a regulation is necessary, to select strengthened Federalism, by relying on The Unfunded Mandates Reform Act of regulatory approaches that maximize State and local processes for State and 1995 net benefits (including potential local government coordination and Title II of the Unfunded Mandates economic, environmental, public health review of proposed federal financial Reform Act of 1995 (UMRA, Pub. L. and safety effects, distributive impacts, assistance and direct federal 104–4) requires Federal agencies to and equity). Executive Order 13563 development. This rule neither provides assess the effects of their regulatory emphasized the importance of federal financial assistance nor direct actions on State, local, and Tribal quantifying both costs and benefits, of federal development. It does not provide governments, or the private sector. reducing costs, of harmonizing rules, either grants or cooperative agreements. Agencies generally need to prepare a and of promoting flexibility. Executive Therefore, this rule is not subject to written statement, including a cost- Order 13777, ‘‘Enforcing the Regulatory Executive Order 12372. benefit analysis, for proposed and final Reform Agenda,’’ established a federal rules with Federal mandates that may policy to alleviate unnecessary Executive Order 12988 result in expenditures of $100 million or regulatory burdens on the American This rule has been reviewed under more in any year for State, local, or people. In line with the requirement Executive Order 12988, ‘‘Civil Justice Tribal governments, in the aggregate, or repeal, replace, or modify regulations, Reform.’’ This rule will not preempt to the private sector. UMRA generally this rule is modifying a regulation for State or local laws, regulations, or requires agencies to consider consistency with other related federal policies unless they represent an alternatives and adopt the more cost regulations and to update the irreconcilable conflict with this rule. effective or least burdensome alternative requirements. The rule will not have a retroactive that achieves the objectives of the rule. The Office of Management and Budget effect. This rule contains no Federal mandates, (OMB) designated this rule as not as defined in Title II of UMRA, for State, significant under Executive Order Executive Order 13132 local, and Tribal governments or the 12866, ‘‘Regulatory Planning and This rule has been reviewed under private sector. Therefore, this rule is not Review,’’ and therefore, OMB has not Executive Order 13132, ‘‘Federalism.’’ subject to the requirements of sections reviewed this rule. Executive Order The policies contained in this rule do 202 and 205 of UMRA. 13771, ‘‘Reducing Regulation and not have any substantial direct effect on Small Business Regulatory Enforcement Controlling Regulatory Costs,’’ requires States, on the relationship between the Fairness Act of 1996 (SBREFA) that in order to manage the private costs Federal government and the States, or required to comply with Federal on the distribution of power and SBREFA normally requires that an regulations that for every new responsibilities among the various agency delay the effective date of a significant or economically significant levels of government, except as required major rule for 60 days from the date of regulation issued, the new costs must be by law. Nor does this rule impose publication to allow for Congressional offset by the elimination of at least two substantial direct compliance costs on review. This rule is not a major rule prior regulations. This rule does not rise State and local governments. Therefore, under SBREFA. Therefore, USDA is not to the level required to comply with consultation with the States is not required to delay the effective date for Executive Order 13771; it is also required. 60 days from the date of publication to updating an existing regulation, allow for Congressional review. Executive Order 13175 therefore it is not a new regulation. Therefore, the rule is effective when This rule has been reviewed in published in the Federal Register, as Regulatory Flexibility Act accordance with the requirements of discussed above. The Regulatory Flexibility Act (5 Executive Order 13175, ‘‘Consultation E-Government Act Compliance U.S.C. 601–612), as amended by the and Coordination with Indian Tribal Small Business Regulatory Enforcement Governments.’’ Executive Order 13175 USDA is committed to complying Fairness Act of 1996 (SBREFA, Pub. L. requires Federal agencies to consult and with the E-Government Act, to promote 104–121), generally requires an agency coordinate with tribes on a government- the use of the Internet and other to prepare a regulatory flexibility to-government basis on policies that information technologies to provide analysis of any rule subject to the notice have tribal implications, including increased opportunities for citizen and comment rulemaking requirements regulations, legislative comments or access to Government information and under the Administrative Procedure Act proposed legislation, and other policy services, and for other purposes. or any other law, unless the agency statements or actions that have List of Subjects in 7 CFR Part 15a certifies that the rule will not have a substantial direct effects on one or more significant economic impact on a Indian tribes, on the relationship Education, Sex discrimination, Youth substantial number of small entities. between the Federal Government and organizations. This rule is not subject to the Regulatory Indian tribes or on the distribution of ■ For the reasons discussed above, 7 Flexibility Act because, as noted above, power and responsibilities between the CFR part 15a is revised to read as it is exempt from notice and comment Federal Government and Indian tribes. follows:

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PART 15a—EDUCATION PROGRAMS 15a.550 Sex as a bona fide occupational or extended under a law administered OR ACTIVITIES RECEIVING OR qualification. by the Federal agency that awards such BENEFITTING FROM FEDERAL Subpart F—Other Provisions assistance: (1) A grant or loan of Federal financial FINANCIAL ASSISTANCE 15a.605 Enforcement procedures. assistance, including funds made Subpart A—Introduction Authority: 20 U.S.C. 1681, 1682, 1683, available for: Sec. 1685, 1686, 1687, 1688; 42 U.S.C. 7101 et (i) The acquisition, construction, 15a.100 Purpose. seq.; and 50 U.S.C. 2401 et seq. renovation, restoration, or repair of a 15a.105 Definitions. Subpart A—Introduction building or facility or any portion 15a.110 Remedial and affirmative action thereof; and and self-evaluation. § 15a.100 Purpose. (ii) Scholarships, loans, grants, wages, 15a.115 Assurance required. or other funds extended to any entity for 15a.120 Transfers of property. The purpose of this part is to 15a.125 Effect of other requirements. effectuate Title IX of the Education payment to or on behalf of students 15a.130 Effect of employment Amendments of 1972, as amended admitted to that entity, or extended opportunities. (except sections 904 and 906 of those directly to such students for payment to 15a.135 Designation of responsible Amendments) (20 U.S.C. 1681, 1682, that entity. employee and adoption of grievance 1683, 1685, 1686, 1687, 1688), which is (2) A grant of Federal real or personal procedures. designed to eliminate (with certain property or any interest therein, 15a.140 Dissemination of policy. exceptions) discrimination on the basis including surplus property, and the Subpart B—Coverage of sex in any education program or proceeds of the sale or transfer of such 15a.200 Application. activity receiving Federal financial property, if the Federal share of the fair 15a.205 Educational institutions and other assistance, whether or not such program market value of the property is not, entities controlled by religious or activity is offered or sponsored by an upon such sale or transfer, properly organizations. educational institution as defined in accounted for to the Federal 15a.210 Military and merchant marine this part. Government. educational institutions. (3) Provision of the services of Federal 15a.215 Membership practices of certain § 15a.105 Definitions. personnel. organizations. As used in this part, the term: (4) Sale or lease of Federal property or 15a.220 Admissions. Administratively separate unit means any interest therein at nominal 15a.225 Educational institutions eligible to submit transition plans. a school, department, or college of an consideration, or at consideration 15a.230 Transition plans. educational institution (other than a reduced for the purpose of assisting the 15a.235 Statutory amendments. local educational agency) admission to recipient or in recognition of public which is independent of admission to interest to be served thereby, or Subpart C—Discrimination on the Basis of Sex in Admission and Recruitment any other component of such permission to use Federal property or Prohibited institution. any interest therein without Admission means selection for part- consideration. 15a.300 Admission. time, full-time, special, associate, (5) Any other contract, agreement, or 15a.305 Preference in admission. 15a.310 Recruitment. transfer, exchange, or any other arrangement that has as one of its enrollment, membership, or purposes the provision of assistance to Subpart D—Discrimination on the Basis of matriculation in or at an education any education program or activity, Sex in Education Programs or Activities program or activity operated by a except a contract of insurance or Prohibited recipient. guaranty. 15a.400 Education programs or activities. Applicant means one who submits an Institution of graduate higher 15a.405 Housing. application, request, or plan required to education means an institution that: 15a.410 Comparable facilities. be approved by an official of the Federal (1) Offers academic study beyond the 15a.415 Access to course offerings. bachelor of arts or bachelor of science 15a.420 Access to schools operated by agency that awards Federal financial LEAs. assistance, or by a recipient, as a degree, whether or not leading to a 15a.425 Counseling and use of appraisal condition to becoming a recipient. certificate of any higher degree in the and counseling materials. Designated agency official means the liberal arts and sciences; 15a.430 Financial assistance. Secretary of Agriculture or any officer or (2) Awards any degree in a 15a.435 Employment assistance to students. employees of the Department to whom professional field beyond the first 15a.440 Health and insurance benefits and the Secretary has heretofore delegated, professional degree (regardless of services. or to whom the Secretary may hereafter whether the first professional degree in 15a.445 Marital or parental status. delegate, the authority to act for the such field is awarded by an institution 15a.450 Athletics. Secretary under the regulations in this of undergraduate higher education or 15a.455 Textbooks and curricular material. part. professional education); or Subpart E—Discrimination on the Basis of Educational institution means a local (3) Awards no degree and offers no Sex in Employment in Education Programs educational agency (LEA) as defined by further academic study, but operates or Activities Prohibited 20 U.S.C. 8801(18), a preschool, a ordinarily for the purpose of facilitating 15a.500 Employment. private elementary or secondary school, research by persons who have received 15a.505 Employment criteria. or an applicant or recipient that is an the highest graduate degree in any field 15a.510 Recruitment. institution of graduate higher education, of study. 15a.515 Compensation. an institution of undergraduate higher Institution of professional education 15a.520 Job classification and structure. means an institution (except any 15a.525 Fringe benefits. education, an institution of professional 15a.530 Marital or parental status. education, or an institution of institution of undergraduate higher 15a.535 Effect of state or local law or other vocational education, as defined in this education) that offers a program of requirements. section. academic study that leads to a first 15a.540 Advertising. Federal financial assistance means professional degree in a field for which 15a.545 Pre-employment inquiries. any of the following, when authorized there is a national specialized

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accrediting agency recognized by the § 15a.110 Remedial and affirmative action awards of Federal financial assistance Secretary of Education. and self-evaluation. contain, be accompanied by, or be Institution of undergraduate higher (a) Remedial action. If the designated covered by a specifically identified education means: agency official finds that a recipient has assurance from the applicant or (1) An institution offering at least two discriminated against persons on the recipient, satisfactory to the designated but less than four years of college level basis of sex in an education program or agency official, that each education study beyond the high school level, activity, such recipient shall take such program or activity operated by the leading to a diploma or an associate remedial action as the designated applicant or recipient and to which this degree, or wholly or principally agency official deems necessary to part applies will be operated in creditable toward a baccalaureate overcome the effects of such compliance with this part. An assurance degree; or discrimination. of compliance with this part shall not be (b) Affirmative action. In the absence satisfactory to the designated agency (2) An institution offering academic of a finding of discrimination on the official if the applicant or recipient to study leading to a baccalaureate degree; basis of sex in an education program or whom such assurance applies fails to or activity, a recipient may take affirmative commit itself to take whatever remedial (3) An agency or body that certifies action consistent with law to overcome action is necessary in accordance with credentials or offers degrees, but that the effects of conditions that resulted in § 15a.110(a) to eliminate existing may or may not offer academic study. limited participation therein by persons discrimination on the basis of sex or to Institution of vocational education of a particular sex. Nothing in this part eliminate the effects of past means a school or institution (except an shall be interpreted to alter any discrimination whether occurring prior institution of professional or graduate or affirmative action obligations that a to or subsequent to the submission to undergraduate higher education) that recipient may have under Executive the designated agency official of such has as its primary purpose preparation Order 11246, 3 CFR, 1964–1965 Comp., assurance. of students to pursue a technical, p. 339; as amended by Executive Order (b) Duration of obligation. (1) In the skilled, or semiskilled occupation or 11375, 3 CFR, 1966–1970 Comp., p. 684; case of Federal financial assistance trade, or to pursue study in a technical as amended by Executive Order 11478, extended to provide real property or field, whether or not the school or 3 CFR, 1966–1970 Comp., p. 803; as structures thereon, such assurance shall institution offers certificates, diplomas, amended by Executive Order 12086, 3 obligate the recipient or, in the case of or degrees and whether or not it offers CFR, 1978 Comp., p. 230; as amended a subsequent transfer, the transferee, for full-time study. by Executive Order 12107, 3 CFR, 1978 the period during which the real Recipient means any State or political Comp., p. 264. property or structures are used to subdivision thereof, or any (c) Self-evaluation. Each recipient provide an education program or instrumentality of a State or political education institution shall, within one activity. subdivision thereof, any public or year of the effective date of this part: (2) In the case of Federal financial private agency, institution, or (1) Evaluate, in terms of the assistance extended to provide personal organization, or other entity, or any requirements of this part, its current property, such assurance shall obligate person, to whom Federal financial policies and practices and the effects the recipient for the period during assistance is extended directly or thereof concerning admission of which it retains ownership or through another recipient and that students, treatment of students, and possession of the property. operates an education program or employment of both academic and (3) In all other cases such assurance activity that receives such assistance, nonacademic personnel working in shall obligate the recipient for the including any subunit, successor, connection with the recipient’s period during which Federal financial assignee, or transferee thereof. education program or activity; assistance is extended. Student means a person who has (2) Modify any of these policies and (c) Form. (1) The assurances required gained admission. practices that do not or may not meet by paragraph (a) of this section, which the requirements of this part; and may be included as part of a document Title IX means Title IX of the (3) Take appropriate remedial steps to that addresses other assurances or Education Amendments of 1972, Public eliminate the effects of any obligations, shall include that the Law 92–318, 86 Stat. 235, 373 (codified discrimination that resulted or may applicant or recipient will comply with as amended at 20 U.S.C. 1681–1688) have resulted from adherence to these all applicable Federal statutes relating to (except sections 904 and 906 thereof), as policies and practices. nondiscrimination. These include but amended by section 3 of Public Law 93– (d) Availability of self-evaluation and are not limited to: Title IX of the 568, 88 Stat. 1855, by section 412 of the related materials. Recipients shall Education Amendments of 1972, as Education Amendments of 1976, Public maintain on file for at least three years amended (20 U.S.C. 1681–1683, 1685– Law 94–482, 90 Stat. 2234, and by following completion of the evaluation 1688). Section 3 of Public Law 100–259, 102 required under paragraph (c) of this (2) The designated agency official will Stat. 28, 28–29 (20 U.S.C. 1681, 1682, section, and shall provide to the specify the extent to which such 1683, 1685, 1686, 1687, 1688). designated agency official upon request, assurances will be required of the Transition plan means a plan subject a description of any modifications made applicant’s or recipient’s subgrantees, to the approval of the Secretary of pursuant to paragraph (c)(2) of this contractors, subcontractors, transferees, Education pursuant to section 901(a)(2) section and of any remedial steps taken or successors in interest. of the Education Amendments of 1972, pursuant to paragraph (c)(3) of this 20 U.S.C. 1681(a)(2), under which an section. § 15a.120 Transfers of property. educational institution operates in If a recipient sells or otherwise making the transition from being an § 15a.115 Assurance required. transfers property financed in whole or educational institution that admits only (a) General. Either at the application in part with Federal financial assistance students of one sex to being one that stage or the award stage, Federal to a transferee that operates any admits students of both sexes without agencies must ensure that applications education program or activity, and the discrimination. for Federal financial assistance or Federal share of the fair market value of

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the property is not upon such sale or recipient alleging its noncompliance bulletin, catalog, or application form transfer properly accounted for to the with this part or alleging any actions that it makes available to any person of Federal Government, both the transferor that would be prohibited by this part. a type, described in paragraph (a) of this and the transferee shall be deemed to be The recipient shall notify all its students section, or which is otherwise used in recipients, subject to the provisions of and employees of the name, office connection with the recruitment of §§ 15a.205 through 15a.235(a). address, and telephone number of the students or employees. employee or employees appointed (2) A recipient shall not use or § 15a.125 Effect of other requirements. pursuant to this paragraph. distribute a publication of the type (a) Effect of other Federal provisions. (b) Complaint procedure of recipient. described in paragraph (b)(1) of this The obligations imposed by this part are A recipient shall adopt and publish section that suggests, by text or independent of, and do not alter, grievance procedures providing for illustration, that such recipient treats obligations not to discriminate on the prompt and equitable resolution of applicants, students, or employees basis of sex imposed by Executive Order student and employee complaints differently on the basis of sex except as 11246, 3 CFR, 1964–1965 Comp., p. 339; alleging any action that would be such treatment is permitted by this part. as amended by Executive Order 11375, prohibited by this part. (c) Distribution. Each recipient shall 3 CFR, 1966–1970 Comp., p. 684; as distribute without discrimination on the § 15a.140 Dissemination of policy. amended by Executive Order 11478, 3 basis of sex each publication described CFR, 1966–1970 Comp., p. 803; as (a) Notification of policy. (1) Each in paragraph (b)(1) of this section, and amended by Executive Order 12087, 3 recipient shall implement specific and shall apprise each of its admission and CFR, 1978 Comp., p. 230; as amended continuing steps to notify applicants for employment recruitment representatives by Executive Order 12107, 3 CFR, 1978 admission and employment, students of the policy of nondiscrimination Comp., p. 264; sections 704 and 855 of and parents of elementary and described in paragraph (a) of this the Public Health Service Act (42 U.S.C. secondary school students, employees, section, and shall require such 295m, 298b–2); Title VII of the Civil sources of referral of applicants for representatives to adhere to such policy. Rights Act of 1964 (42 U.S.C. 2000e et admission and employment, and all seq.); the Equal Pay Act of 1963 (29 unions or professional organizations Subpart B—Coverage U.S.C. 206); and any other Act of holding collective bargaining or Congress or Federal regulation. professional agreements with the § 15a.200 Application. (b) Effect of State or local law or other recipient, that it does not discriminate Except as provided in §§ 15a.205 requirements. The obligation to comply on the basis of sex in the educational through 15a.235(a), this part applies to with this part is not obviated or programs or activities that it operates, every recipient and to each education alleviated by any State or local law or and that it is required by Title IX and program or activity operated by such other requirement that would render this part not to discriminate in such a recipient that receives Federal financial any applicant or student ineligible, or manner. Such notification shall contain assistance. limit the eligibility of any applicant or such information, and be made in such student, on the basis of sex, to practice § 15a.205 Educational institutions and manner, as the designated agency other entities controlled by religious any occupation or profession. official finds necessary to apprise such (c) Effect of rules or regulations of organizations. persons of the protections against (a) Exemption. This part does not private organizations. The obligation to discrimination assured them by Title IX comply with this part is not obviated or apply to any operation of an educational and this part, but shall state at least that institution or other entity that is alleviated by any rule or regulation of the requirement not to discriminate in any organization, club, athletic or other controlled by a religious organization to education programs or activities extends the extent that application of this part league, or association that would render to employment therein, and to any applicant or student ineligible to would not be consistent with the admission thereto unless §§ 15a.300 religious tenets of such organization. participate or limit the eligibility or through 15a.310 do not apply to the participation of any applicant or (b) Exemption claims. An educational recipient, and that inquiries concerning institution or other entity that wishes to student, on the basis of sex, in any the application of Title IX and this part education program or activity operated claim the exemption set forth in to such recipient may be referred to the paragraph (a) of this section shall do so by a recipient and that receives Federal employee designated pursuant to financial assistance. by submitting in writing to the § 15a.135, or to the designated agency designated agency official a statement § 15a.130 Effect of employment official. by the highest-ranking official of the (2) Each recipient shall make the opportunities. institution, identifying the provisions of initial notification required by The obligation to comply with this this part that conflict with a specific paragraph (a)(1) of this section within part is not obviated or alleviated tenet of the religious organization. because employment opportunities in 90 days of the date this part first applies any occupation or profession are or may to such recipient, which notification § 15a.210 Military and merchant marine be more limited for members of one sex shall include publication in: educational institutions. than for members of the other sex. (i) Newspapers and magazines This part does not apply to an operated by such recipient or by educational institution whose primary § 15a.135 Designation of responsible student, alumnae, or alumni groups for purpose is the training of individuals for employee and adoption of grievance or in connection with such recipient; a military service of the United States or procedures. and for the merchant marine. (a) Designation of responsible (ii) Memoranda or other written employee. Each recipient shall designate communications distributed to every § 15a.215 Membership practices of certain at least one employee to coordinate its student and employee of such recipient. organizations. efforts to comply with and carry out its (b) Publications. (1) Each recipient (a) Social fraternities and sororities. responsibilities under this part, shall prominently include a statement of This part does not apply to the including any investigation of any the policy described in paragraph (a) of membership practices of social complaint communicated to such this section in each announcement, fraternities and sororities that are

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exempt from taxation under section (1) Admitted students of only one sex schedule for eliminating that obstacle 501(a) of the Internal Revenue Code of as regular students as of June 23, 1972; has been provided as required by 1954, 26 U.S.C. 501(a), the active or paragraph (b)(4) of this section. membership of which consists primarily (2) Admitted students of only one sex (d) Effects of past exclusion. To of students in attendance at institutions as regular students as of June 23, 1965, overcome the effects of past exclusion of of higher education. but thereafter admitted, as regular students on the basis of sex, each (b) YMCA, YWCA, Girl Scouts, Boy students, students of the sex not educational institution to which Scouts, and Camp Fire Girls. This part admitted prior to June 23, 1965. § 15a.225 applies shall include in its does not apply to the membership (b) Provision for transition plans. An transition plan, and shall implement, practices of the Young Men’s Christian educational institution to which this specific steps designed to encourage Association (YMCA), the Young section applies shall not discriminate on individuals of the previously excluded Women’s Christian Association the basis of sex in admission or sex to apply for admission to such (YWCA), the Girl Scouts, the Boy recruitment in violation of §§ 15a.300 institution. Such steps shall include Scouts, and Camp Fire Girls. through 15a.310. instituting recruitment programs that emphasize the institution’s commitment (c) Voluntary youth service § 15a.230 Transition plans. organizations. This part does not apply to enrolling students of the sex (a) Submission of plans. An previously excluded. to the membership practices of a institution to which § 15a.225 applies voluntary youth service organization and that is composed of more than one § 15a.235 Statutory amendments. that is exempt from taxation under administratively separate unit may (a) This section, which applies to all section 501(a) of the Internal Revenue submit either a single transition plan provisions of this part, addresses Code of 1954, 26 U.S.C. 501(a), and the applicable to all such units, or a statutory amendments to Title IX. membership of which has been separate transition plan applicable to (b) This part shall not apply to or traditionally limited to members of one each such unit. preclude: sex and principally to persons of less (b) Content of plans. In order to be (1) Any program or activity of the than nineteen years of age. approved by the Secretary of Education, American Legion undertaken in § 15a.220 Admissions. a transition plan shall: connection with the organization or (1) State the name, address, and operation of any Boys State conference, (a) Admissions to educational Federal Interagency Committee on Boys Nation conference, Girls State institutions prior to June 24, 1973, are Education Code of the educational conference, or Girls Nation conference; not covered by this part. institution submitting such plan, the (2) Any program or activity of a (b) Administratively separate units. administratively separate units to which secondary school or educational For the purposes only of this section, the plan is applicable, and the name, institution specifically for: §§ 15a.225 and 15a.230, and §§ 15a.300 address, and telephone number of the (i) The promotion of any Boys State through 15a.310, each administratively person to whom questions concerning conference, Boys Nation conference, separate unit shall be deemed to be an the plan may be addressed. The person Girls State conference, or Girls Nation educational institution. who submits the plan shall be the chief conference; or (c) Application of §§ 15a.300 through administrator or president of the (ii) The selection of students to attend 15a.310. Except as provided in institution, or another individual legally any such conference; paragraphs (d) and (e) of this section, authorized to bind the institution to all (3) Father-son or mother-daughter §§ 15a.300 through 15a.310 apply to actions set forth in the plan. activities at an educational institution or each recipient. A recipient to which (2) State whether the educational in an education program or activity, but §§ 15a.300 through 15a.310 apply shall institution or administratively separate if such activities are provided for not discriminate on the basis of sex in unit admits students of both sexes as students of one sex, opportunities for admission or recruitment in violation of regular students and, if so, when it reasonably comparable activities shall §§ 15a.300 through 15a.310. began to do so. be provided to students of the other sex; (d) Educational institutions. Except as (3) Identify and describe with respect (4) Any scholarship or other financial provided in paragraph (e) of this section to the educational institution or assistance awarded by an institution of as to recipients that are educational administratively separate unit any higher education to an individual institutions, §§ 15a.300 through 15a.310 obstacles to admitting students without because such individual has received apply only to institutions of vocational discrimination on the basis of sex. such award in a single-sex pageant education, professional education, (4) Describe in detail the steps based upon a combination of factors graduate higher education, and public necessary to eliminate as soon as related to the individual’s personal institutions of undergraduate higher practicable each obstacle so identified appearance, poise, and talent. The education. and indicate the schedule for taking pageant, however, must comply with (e) Public institutions of these steps and the individual directly other nondiscrimination provisions of undergraduate higher education. responsible for their implementation. Federal law. Sections 15a.300 through 15a.310 do not (5) Include estimates of the number of (c) Program or activity or program apply to any public institution of students, by sex, expected to apply for, means: undergraduate higher education that be admitted to, and enter each class (1) All of the operations of any entity traditionally and continually from its during the period covered by the plan. described in paragraphs (c)(1)(i) through establishment has had a policy of (c) Nondiscrimination. No policy or (iv) of this section, any part of which is admitting students of only one sex. practice of a recipient to which extended Federal financial assistance: § 15a.225 applies shall result in (i)(A) A department, agency, special § 15a.225 Educational institutions eligible treatment of applicants to or students of purpose district, or other to submit transition plans. such recipient in violation of §§ 15a.300 instrumentality of a State or of a local (a) Application. This section applies through 15a.310 unless such treatment government; or to each educational institution to which is necessitated by an obstacle identified (B) The entity of such State or local §§ 15a.300 through 15a.310 apply that: in paragraph (b)(3) of this section and a government that distributes such

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assistance and each such department or because such person or individual is (2) Shall not discriminate against or agency (and each other State or local seeking or has received any benefit or exclude any person on the basis of government entity) to which the service related to a legal abortion. pregnancy, childbirth, termination of assistance is extended, in the case of Accordingly, subject to paragraph (d)(1) pregnancy, or recovery therefrom, or assistance to a State or local of this section, no person shall be establish or follow any rule or practice government; excluded from participation in, be that so discriminates or excludes; (ii)(A) A college, university, or other denied the benefits of, or be subjected (3) Subject to § 15a.235(d), shall treat postsecondary institution, or a public to discrimination under any academic, disabilities related to pregnancy, system of higher education; or extracurricular, research, occupational childbirth, termination of pregnancy, or (B) A local educational agency (as training, employment, or other recovery therefrom in the same manner defined in section 8801 of title 20), educational program or activity and under the same policies as any system of vocational education, or other operated by a recipient that receives other temporary disability or physical school system; Federal financial assistance because condition; and (iii)(A) An entire corporation, such individual has sought or received, (4) Shall not make pre-admission partnership, or other private or is seeking, a legal abortion, or any inquiry as to the marital status of an organization, or an entire sole benefit or service related to a legal applicant for admission, including proprietorship— abortion. whether such applicant is ‘‘Miss’’ or (1) If assistance is extended to such ‘‘Mrs.’’ A recipient may make pre- corporation, partnership, private Subpart C—Discrimination on the admission inquiry as to the sex of an organization, or sole proprietorship as a Basis of Sex in Admission and applicant for admission, but only if such whole; or Recruitment Prohibited inquiry is made equally of such (2) Which is principally engaged in applicants of both sexes and if the the business of providing education, § 15a.300 Admission. results of such inquiry are not used in health care, housing, social services, or (a) General. No person shall, on the connection with discrimination parks and recreation; or basis of sex, be denied admission, or be prohibited by this part. (B) The entire plant or other subjected to discrimination in § 15a.305 Preference in admission. comparable, geographically separate admission, by any recipient to which facility to which Federal financial §§ 15a.300 through 15a.310 apply, A recipient to which §§ 15a.300 assistance is extended, in the case of except as provided in §§ 15a.225 and through 15a.310 apply shall not give any other corporation, partnership, 15a.230. preference to applicants for admission, on the basis of attendance at any private organization, or sole (b) Specific prohibitions. (1) In educational institution or other school proprietorship; or determining whether a person satisfies or entity that admits as students only or (iv) Any other entity that is any policy or criterion for admission, or predominantly members of one sex, if established by two or more of the in making any offer of admission, a the giving of such preference has the entities described in paragraphs (c)(1)(i), recipient to which §§ 15a.300 through effect of discriminating on the basis of (ii), or (iii) of this section. 15a.310 apply shall not: (2)(i) Program or activity does not sex in violation of §§ 15a.300 through (i) Give preference to one person over 15a.310. include any operation of an entity that another on the basis of sex, by ranking is controlled by a religious organization applicants separately on such basis, or § 15a.310 Recruitment. if the application of 20 U.S.C. 1681 to otherwise; (a) Nondiscriminatory recruitment. A such operation would not be consistent (ii) Apply numerical limitations upon recipient to which §§ 15a.300 through with the religious tenets of such the number or proportion of persons of 15a.310 apply shall not discriminate on organization. (ii) For example, all of the operations either sex who may be admitted; or the basis of sex in the recruitment and of a college, university, or other (iii) Otherwise treat one individual admission of students. A recipient may postsecondary institution, including but differently from another on the basis of be required to undertake additional not limited to traditional educational sex. recruitment efforts for one sex as operations, faculty and student housing, (2) A recipient shall not administer or remedial action pursuant to campus shuttle bus service, campus operate any test or other criterion for § 15a.110(a), and may choose to restaurants, the bookstore, and other admission that has a disproportionately undertake such efforts as affirmative commercial activities are part of a adverse effect on persons on the basis of action pursuant to § 15a.110(b). (b) Recruitment at certain institutions. ‘‘program or activity’’ subject to this part sex unless the use of such test or A recipient to which §§ 15a.300 through if the college, university, or other criterion is shown to predict validly 15a.310 apply shall not recruit primarily institution receives Federal financial success in the education program or or exclusively at educational assistance. activity in question and alternative tests (d)(1) Nothing in this part shall be or criteria that do not have such a institutions, schools, or entities that construed to require or prohibit any disproportionately adverse effect are admit as students only or person, or public or private entity, to shown to be unavailable. predominantly members of one sex, if provide or pay for any benefit or service, (c) Prohibitions relating to marital or such actions have the effect of including the use of facilities, related to parental status. In determining whether discriminating on the basis of sex in an abortion. Medical procedures, a person satisfies any policy or criterion violation of §§ 15a.300 through 15a.310. benefits, services, and the use of for admission, or in making any offer of Subpart D—Discrimination on the facilities, necessary to save the life of a admission, a recipient to which Basis of Sex in Education Programs or pregnant woman or to address §§ 15a.300 through 15a.310 apply: Activities Prohibited complications related to an abortion are (1) Shall not apply any rule not subject to this section. concerning the actual or potential § 15a.400 Education programs or (2) Nothing in this section shall be parental, family, or marital status of a activities. construed to permit a penalty to be student or applicant that treats persons (a) General. Except as provided imposed on any person or individual differently on the basis of sex; elsewhere in this part, no person shall,

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on the basis of sex, be excluded from one sex provides, or otherwise makes provided to students of the other sex, is participation in, be denied the benefits available, reasonable opportunities for as a whole: of, or be subjected to discrimination similar studies for members of the other (A) Proportionate in quantity; and under any academic, extracurricular, sex. Such opportunities may be derived (B) Comparable in quality and cost to research, occupational training, or other from either domestic or foreign sources. the student. education program or activity operated (d) Aids, benefits or services not (ii) A recipient may render such by a recipient that receives Federal provided by recipient. (1) This assistance to any agency, organization, financial assistance. Sections 15a.400 paragraph (d) applies to any recipient or person that provides all or part of through 15a.455 do not apply to actions that requires participation by any such housing to students of only one of a recipient in connection with applicant, student, or employee in any sex. admission of its students to an education program or activity not § 15a.410 Comparable facilities. education program or activity of a operated wholly by such recipient, or recipient to which §§ 15a.300 through that facilitates, permits, or considers A recipient may provide separate 15a.310 do not apply, or an entity, not such participation as part of or toilet, locker room, and shower facilities a recipient, to which §§ 15a.300 through equivalent to an education program or on the basis of sex, but such facilities 15a.310 would not apply if the entity activity operated by such recipient, provided for students of one sex shall be were a recipient. including participation in educational comparable to such facilities provided (b) Specific prohibitions. Except as consortia and cooperative employment for students of the other sex. provided in §§ 15a.400 through 15a.455, and student-teaching assignments. § 15a.415 Access to course offerings. in providing any aid, benefit, or service (2) Such recipient: to a student, a recipient shall not, on the (a) A recipient shall not provide any (i) Shall develop and implement a course or otherwise carry out any of its basis of sex: procedure designed to assure itself that (1) Treat one person differently from education program or activity separately the operator or sponsor of such other on the basis of sex, or require or refuse another in determining whether such education program or activity takes no person satisfies any requirement or participation therein by any of its action affecting any applicant, student, students on such basis, including condition for the provision of such aid, or employee of such recipient that this benefit, or service; health, physical education, industrial, part would prohibit such recipient from business, vocational, technical, home (2) Provide different aid, benefits, or taking; and services or provide aid, benefits, or economics, music, and adult education (ii) Shall not facilitate, require, services in a different manner; courses. (3) Deny any person any such aid, permit, or consider such participation if (b)(1) With respect to classes and benefit, or service; such action occurs. activities in physical education at the (4) Subject any person to separate or § 15a.405 Housing. elementary school level, the recipient different rules of behavior, sanctions, or shall comply fully with this section as (a) Generally. A recipient shall not, on other treatment; expeditiously as possible but in no (5) Apply any rule concerning the the basis of sex, apply different rules or event later than one year from the domicile or residence of a student or regulations, impose different fees or effective date of these regulations. With applicant, including eligibility for requirements, or offer different services respect to physical education classes instate fees and tuition; or benefits related to housing, except as and activities at the secondary and post- (6) Aid or perpetuate discrimination provided in this section (including secondary levels, the recipient shall against any person by providing housing provided only to married comply fully with this section as significant assistance to any agency, students). expeditiously as possible but in no organization, or person that (b) Housing provided by recipient. (1) event later than three years from the discriminates on the basis of sex in A recipient may provide separate effective date of these regulations. providing any aid, benefit, or service to housing on the basis of sex. (2) This section does not prohibit students or employees; (2) Housing provided by a recipient to grouping of students in physical (7) Otherwise limit any person in the students of one sex, when compared to education classes and activities by enjoyment of any right, privilege, that provided to students of the other ability as assessed by objective advantage, or opportunity. sex, shall be as a whole: standards of individual performance (c) Assistance administered by a (i) Proportionate in quantity to the developed and applied without regard recipient educational institution to number of students of that sex applying to sex. study at a foreign institution. A for such housing; and (3) This section does not prohibit recipient educational institution may (ii) Comparable in quality and cost to separation of students by sex within administer or assist in the the student. physical education classes or activities administration of scholarships, (c) Other housing. (1) A recipient shall during participation in wrestling, fellowships, or other awards established not, on the basis of sex, administer boxing, rugby, ice hockey, football, by foreign or domestic wills, trusts, or different policies or practices basketball, and other sports the purpose similar legal instruments, or by acts of concerning occupancy by its students of or major activity of which involves foreign governments and restricted to housing other than that provided by bodily contact. members of one sex, that are designed such recipient. (4) Where use of a single standard of to provide opportunities to study (2)(i) A recipient which, through measuring skill or progress in a physical abroad, and that are awarded to students solicitation, listing, approval of housing, education class has an adverse effect on who are already matriculating at or who or otherwise, assists any agency, members of one sex, the recipient shall are graduates of the recipient organization, or person in making use appropriate standards that do not institution; Provided, that a recipient housing available to any of its students, have such effect. educational institution that administers shall take such reasonable action as may (5) Portions of classes in elementary or assists in the administration of such be necessary to assure itself that such and secondary schools, or portions of scholarships, fellowships, or other housing as is provided to students of education programs or activities, that awards that are restricted to members of one sex, when compared to that deal exclusively with human sexuality

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may be conducted in separate sessions providing financial assistance to any of (2) A recipient may provide separate for boys and girls. its students, a recipient shall not: athletic scholarships or grants-in-aid for (6) Recipients may make requirements (1) On the basis of sex, provide members of each sex as part of separate based on vocal range or quality that may different amounts or types of such athletic teams for members of each sex result in a chorus or choruses of one or assistance, limit eligibility for such to the extent consistent with this predominantly one sex. assistance that is of any particular type paragraph (c) and § 15a.450. § 15a.420 Access to schools operated by or source, apply different criteria, or otherwise discriminate; § 15a.435 Employment assistance to LEAs. students. (2) Through solicitation, listing, A recipient that is a local educational (a) Assistance by recipient in making agency shall not, on the basis of sex, approval, provision of facilities, or other services, assist any foundation, trust, available outside employment. A exclude any person from admission to: recipient that assists any agency, (a) Any institution of vocational agency, organization, or person that provides assistance to any of such organization, or person in making education operated by such recipient; or employment available to any of its (b) Any other school or educational recipient’s students in a manner that discriminates on the basis of sex; or students: unit operated by such recipient, unless (1) Shall assure itself that such such recipient otherwise makes (3) Apply any rule or assist in application of any rule concerning employment is made available without available to such person, pursuant to the discrimination on the basis of sex; and same policies and criteria of admission, eligibility for such assistance that treats (2) Shall not render such services to courses, services, and facilities persons of one sex differently from any agency, organization, or person that comparable to each course, service, and persons of the other sex with regard to discriminates on the basis of sex in its facility offered in or through such marital or parental status. employment practices. schools. (b) Financial aid established by certain legal instruments. (1) A recipient (b) Employment of students by § 15a.425 Counseling and use of appraisal may administer or assist in the recipients. A recipient that employs any and counseling materials. administration of scholarships, of its students shall not do so in a (a) Counseling. A recipient shall not fellowships, or other forms of financial manner that violates §§ 15a.500 through discriminate against any person on the assistance established pursuant to 15a.550. basis of sex in the counseling or domestic or foreign wills, trusts, § 15a.440 Health and insurance benefits guidance of students or applicants for bequests, or similar legal instruments or and services. admission. by acts of a foreign government that Subject to § 15a.235(d), in providing a (b) Use of appraisal and counseling require that awards be made to members materials. A recipient that uses testing medical, hospital, accident, or life of a particular sex specified therein; insurance benefit, service, policy, or or other materials for appraising or Provided, that the overall effect of the counseling students shall not use plan to any of its students, a recipient award of such sex-restricted different materials for students on the shall not discriminate on the basis of scholarships, fellowships, and other basis of their sex or use materials that sex, or provide such benefit, service, forms of financial assistance does not permit or require different treatment of policy, or plan in a manner that would discriminate on the basis of sex. students on such basis unless such violate §§ 15a.500 through 15a.550 if it (2) To ensure nondiscriminatory different materials cover the same were provided to employees of the awards of assistance as required in occupations and interest areas and the recipient. This section shall not prohibit paragraph (b)(1) of this section, use of such different materials is shown a recipient from providing any benefit recipients shall develop and use to be essential to eliminate sex bias. or service that may be used by a procedures under which: Recipients shall develop and use different proportion of students of one internal procedures for ensuring that (i) Students are selected for award of sex than of the other, including family such materials do not discriminate on financial assistance on the basis of planning services. However, any the basis of sex. Where the use of a nondiscriminatory criteria and not on recipient that provides full coverage counseling test or other instrument the basis of availability of funds health service shall provide results in a substantially restricted to members of a particular gynecological care. sex; disproportionate number of members of § 15a.445 Marital or parental status. one sex in any particular course of study (ii) An appropriate sex-restricted or classification, the recipient shall take scholarship, fellowship, or other form of (a) Status generally. A recipient shall such action as is necessary to assure financial assistance is allocated to each not apply any rule concerning a itself that such disproportion is not the student selected under paragraph student’s actual or potential parental, result of discrimination in the (b)(2)(i) of this section; and family, or marital status that treats instrument or its application. (iii) No student is denied the award students differently on the basis of sex. (c) Disproportion in classes. Where a for which he or she was selected under (b) Pregnancy and related conditions. recipient finds that a particular class paragraph (b)(2)(i) of this section (1) A recipient shall not discriminate contains a substantially because of the absence of a scholarship, against any student, or exclude any disproportionate number of individuals fellowship, or other form of financial student from its education program or of one sex, the recipient shall take such assistance designated for a member of activity, including any class or action as is necessary to assure itself that student’s sex. extracurricular activity, on the basis of that such disproportion is not the result (c) Athletic scholarships. (1) To the such student’s pregnancy, childbirth, of discrimination on the basis of sex in extent that a recipient awards athletic false pregnancy, termination of counseling or appraisal materials or by scholarships or grants-in-aid, it must pregnancy, or recovery therefrom, counselors. provide reasonable opportunities for unless the student requests voluntarily such awards for members of each sex in to participate in a separate portion of § 15a.430 Financial assistance. proportion to the number of students of the program or activity of the recipient. (a) General. Except as provided in each sex participating in interscholastic (2) A recipient may require such a paragraphs (b) and (c) of this section, in or intercollegiate athletics. student to obtain the certification of a

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physician that the student is physically team offered unless the sport involved or abridging in any way the use of and emotionally able to continue is a contact sport. For the purposes of particular textbooks or curricular participation as long as such a this part, contact sports include boxing, materials. certification is required of all students wrestling, rugby, ice hockey, football, for other physical or emotional basketball, and other sports the purpose Subpart E—Discrimination on the conditions requiring the attention of a or major activity of which involves Basis of Sex in Employment in physician. bodily contact. Education Programs or Activities (3) A recipient that operates a portion (c) Equal opportunity. (1) A recipient Prohibited of its education program or activity that operates or sponsors § 15a.500 Employment. separately for pregnant students, interscholastic, intercollegiate, club, or admittance to which is completely intramural athletics shall provide equal (a) General. (1) No person shall, on voluntary on the part of the student as athletic opportunity for members of the basis of sex, be excluded from provided in paragraph (b)(1) of this both sexes. In determining whether participation in, be denied the benefits section, shall ensure that the separate equal opportunities are available, the of, or be subjected to discrimination in portion is comparable to that offered to designated agency official will consider, employment, or recruitment, non-pregnant students. among other factors: consideration, or selection therefor, (4) Subject to § 15a.235(d), a recipient (i) Whether the selection of sports and whether full-time or part-time, under shall treat pregnancy, childbirth, false levels of competition effectively any education program or activity pregnancy, termination of pregnancy accommodate the interests and abilities operated by a recipient that receives and recovery therefrom in the same of members of both sexes; Federal financial assistance. manner and under the same policies as (ii) The provision of equipment and (2) A recipient shall make all any other temporary disability with supplies; employment decisions in any education respect to any medical or hospital (iii) Scheduling of games and practice program or activity operated by such benefit, service, plan, or policy that time; recipient in a nondiscriminatory such recipient administers, operates, (iv) Travel and per diem allowance; manner and shall not limit, segregate, or offers, or participates in with respect to (v) Opportunity to receive coaching classify applicants or employees in any students admitted to the recipient’s and academic tutoring; way that could adversely affect any educational program or activity. (vi) Assignment and compensation of applicant’s or employee’s employment (5) In the case of a recipient that does coaches and tutors; opportunities or status because of sex. not maintain a leave policy for its (vii) Provision of locker rooms, (3) A recipient shall not enter into any students, or in the case of a student who practice, and competitive facilities; contractual or other relationship which does not otherwise qualify for leave (viii) Provision of medical and directly or indirectly has the effect of under such a policy, a recipient shall training facilities and services; subjecting employees or students to treat pregnancy, childbirth, false (ix) Provision of housing and dining discrimination prohibited by §§ 15a.500 pregnancy, termination of pregnancy, facilities and services; through 15a.550, including and recovery therefrom as a justification (x) Publicity. relationships with employment and for a leave of absence for as long a (2) For purposes of paragraph (c)(1) of referral agencies, with labor unions, and period of time as is deemed medically this section, unequal aggregate with organizations providing or necessary by the student’s physician, at expenditures for members of each sex or administering fringe benefits to the conclusion of which the student unequal expenditures for male and employees of the recipient. shall be reinstated to the status that she female teams if a recipient operates or (4) A recipient shall not grant held when the leave began. sponsors separate teams will not preferences to applicants for constitute noncompliance with this employment on the basis of attendance § 15a.450 Athletics. section, but the designated agency at any educational institution or entity (a) General. No person shall, on the official may consider the failure to that admits as students only or basis of sex, be excluded from provide necessary funds for teams for predominantly members of one sex, if participation in, be denied the benefits one sex in assessing equality of the giving of such preferences has the of, be treated differently from another opportunity for members of each sex. effect of discriminating on the basis of person, or otherwise be discriminated (d) Adjustment period. A recipient sex in violation of this part. against in any interscholastic, that operates or sponsors (b) Application. The provisions of intercollegiate, club, or intramural interscholastic, intercollegiate, club, or §§ 15a.500 through 15a.550 apply to: athletics offered by a recipient, and no intramural athletics at the elementary (1) Recruitment, advertising, and the recipient shall provide any such school level shall comply fully with this process of application for employment; athletics separately on such basis. section as expeditiously as possible but (2) Hiring, upgrading, promotion, (b) Separate teams. Notwithstanding in no event later than one year from the consideration for and award of tenure, the requirements of paragraph (a) of this effective date of these regulations. A demotion, transfer, layoff, termination, section, a recipient may operate or recipient that operates or sponsors application of nepotism policies, right sponsor separate teams for members of interscholastic, intercollegiate, club, or of return from layoff, and rehiring; each sex where selection for such teams intramural athletics at the secondary or (3) Rates of pay or any other form of is based upon competitive skill or the postsecondary school level shall comply compensation, and changes in activity involved is a contact sport. fully with this section as expeditiously compensation; However, where a recipient operates or as possible but in no event later than (4) Job assignments, classifications, sponsors a team in a particular sport for three years from the effective date of and structure, including position members of one sex but operates or these regulations. descriptions, lines of progression, and sponsors no such team for members of seniority lists; the other sex, and athletic opportunities § 15a.455 Textbooks and curricular (5) The terms of any collective for members of that sex have previously material. bargaining agreement; been limited, members of the excluded Nothing in this part shall be (6) Granting and return from leaves of sex must be allowed to try out for the interpreted as requiring or prohibiting absence, leave for pregnancy, childbirth,

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false pregnancy, termination of are performed under similar working termination of pregnancy, or recovery pregnancy, leave for persons of either conditions. therefrom. sex to care for children or dependents, (c) Pregnancy as a temporary or any other leave; § 15a.520 Job classification and structure. disability. Subject to § 15a.235(d), a (7) Fringe benefits available by virtue A recipient shall not: recipient shall treat pregnancy, of employment, whether or not (a) Classify a job as being for males or childbirth, false pregnancy, termination administered by the recipient; for females; of pregnancy, recovery therefrom, and (8) Selection and financial support for (b) Maintain or establish separate any temporary disability resulting training, including apprenticeship, lines of progression, seniority lists, therefrom as any other temporary professional meetings, conferences, and career ladders, or tenure systems based disability for all job-related purposes, other related activities, selection for on sex; or including commencement, duration, tuition assistance, selection for (c) Maintain or establish separate and extensions of leave, payment of sabbaticals and leaves of absence to lines of progression, seniority systems, disability income, accrual of seniority pursue training; career ladders, or tenure systems for and any other benefit or service, and (9) Employer-sponsored activities, similar jobs, position descriptions, or reinstatement, and under any fringe including social or recreational job requirements that classify persons benefit offered to employees by virtue of programs; and on the basis of sex, unless sex is a bona employment. (10) Any other term, condition, or fide occupational qualification for the (d) Pregnancy leave. In the case of a privilege of employment. positions in question as set forth in recipient that does not maintain a leave § 15a.550. policy for its employees, or in the case § 15a.505 Employment criteria. of an employee with insufficient leave A recipient shall not administer or § 15a.525 Fringe benefits. or accrued employment time to qualify operate any test or other criterion for (a) ‘‘Fringe benefits’’ defined. For for leave under such a policy, a any employment opportunity that has a purposes of this part, fringe benefits recipient shall treat pregnancy, disproportionately adverse effect on means: Any medical, hospital, accident, childbirth, false pregnancy, termination persons on the basis of sex unless: life insurance, or retirement benefit, of pregnancy, and recovery therefrom as (a) Use of such test or other criterion service, policy or plan, any profit- a justification for a leave of absence is shown to predict validly successful sharing or bonus plan, leave, and any without pay for a reasonable period of performance in the position in question; other benefit or service of employment time, at the conclusion of which the and not subject to the provision of § 15a.515. employee shall be reinstated to the (b) Alternative tests or criteria for (b) Prohibitions. A recipient shall not: status that she held when the leave such purpose, which do not have such (1) Discriminate on the basis of sex began or to a comparable position, disproportionately adverse effect, are with regard to making fringe benefits without decrease in rate of shown to be unavailable. available to employees or make fringe compensation or loss of promotional benefits available to spouses, families, opportunities, or any other right or § 15a.510 Recruitment. or dependents of employees differently privilege of employment. (a) Nondiscriminatory recruitment upon the basis of the employee’s sex; and hiring. A recipient shall not (2) Administer, operate, offer, or § 15a.535 Effect of state or local law or other requirements. discriminate on the basis of sex in the participate in a fringe benefit plan that recruitment and hiring of employees. does not provide for equal periodic (a) Prohibitory requirements. The Where a recipient has been found to be benefits for members of each sex and for obligation to comply with §§ 15a.500 presently discriminating on the basis of equal contributions to the plan by such through 15a.550 is not obviated or sex in the recruitment or hiring of recipient for members of each sex; or alleviated by the existence of any State employees, or has been found to have so (3) Administer, operate, offer, or or local law or other requirement that discriminated in the past, the recipient participate in a pension or retirement imposes prohibitions or limits upon shall recruit members of the sex so plan that establishes different optional employment of members of one sex that discriminated against so as to overcome or compulsory retirement ages based on are not imposed upon members of the the effects of such past or present sex or that otherwise discriminates in other sex. (b) Benefits. A recipient that provides discrimination. benefits on the basis of sex. any compensation, service, or benefit to (b) Recruitment patterns. A recipient members of one sex pursuant to a State shall not recruit primarily or exclusively § 15a.530 Marital or parental status. or local law or other requirement shall at entities that furnish as applicants (a) General. A recipient shall not provide the same compensation, service, only or predominantly members of one apply any policy or take any or benefit to members of the other sex. sex if such actions have the effect of employment action: discriminating on the basis of sex in (1) Concerning the potential marital, § 15a.540 Advertising. violation of §§ 15a.500 through 15a.550. parental, or family status of an A recipient shall not in any employee or applicant for employment § 15a.515 Compensation. advertising related to employment that treats persons differently on the indicate preference, limitation, A recipient shall not make or enforce basis of sex; or specification, or discrimination based any policy or practice that, on the basis (2) Which is based upon whether an on sex unless sex is a bona fide of sex: employee or applicant for employment occupational qualification for the (a) Makes distinctions in rates of pay is the head of household or principal particular job in question. or other compensation; wage earner in such employee’s or (b) Results in the payment of wages to applicant’s family unit. § 15a.545 Pre-employment inquiries. employees of one sex at a rate less than (b) Pregnancy. A recipient shall not (a) Marital status. A recipient shall that paid to employees of the opposite discriminate against or exclude from not make pre-employment inquiry as to sex for equal work on jobs the employment any employee or applicant the marital status of an applicant for performance of which requires equal for employment on the basis of employment, including whether such skill, effort, and responsibility, and that pregnancy, childbirth, false pregnancy, applicant is ‘‘Miss’’ or ‘‘Mrs.’’

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(b) Sex. A recipient may make pre- radioactivity resulting from licensed II. Discussion employment inquiry as to the sex of an activities during facility operations, III. Availability of Documents applicant for employment, but only if rather than at license termination. The IV. Conclusion such inquiry is made equally of such purpose of this action is to inform I. Background applicants of both sexes and if the members of the public that this results of such inquiry are not used in rulemaking activity is being This action is the culmination of a connection with discrimination discontinued and to provide a brief process of evaluating operating prohibited by this part. discussion of the NRC’s decision to experience and interacting with the discontinue it. This rulemaking activity public since 2007 to determine whether § 15a.550 Sex as a bona fide occupational will no longer be reported in the NRC’s the NRC should require licensees to qualification. portion of the Unified Agenda of remediate, during facility operations, A recipient may take action otherwise Regulatory and Deregulatory Actions releases of residual radioactivity into prohibited by §§ 15a.500 through (the Unified Agenda). the surface and subsurface of their 15a.550 provided it is shown that sex is DATES: This action is effective October facility sites. Such remediation during a bona fide occupational qualification 6, 2017. operations has come to be known as for that action, such that consideration ‘‘prompt’’ remediation. In order to ADDRESSES: Please refer to Docket ID of sex with regard to such action is permit a site to be released for NRC–2011–0162 when contacting the essential to successful operation of the unrestricted use, licensees are currently NRC about the availability of employment function concerned. A required to remediate, before license information regarding this action. You recipient shall not take action pursuant termination, all residual radioactivity at may obtain publicly available to this section that is based upon alleged their facility sites to levels that provide information related to this document comparative employment characteristics reasonable assurance that no member of or stereotyped characterizations of one using any of the following methods: the public will receive a dose from the • Federal Rulemaking Web site: Go to or the other sex, or upon preference decommissioned facility greater than 25 http://www.regulations.gov and search based on sex of the recipient, millirem (mrem) per year. for Docket ID NRC–2011–0162. Address employees, students, or other persons, As a result of its evaluations and questions about NRC dockets to Carol but nothing contained in this section stakeholder interactions, the NRC staff Gallagher; telephone: 301–415–3463; shall prevent a recipient from recommended, and the Commission email: [email protected]. For considering an employee’s sex in decided, to discontinue further work on technical questions, contact the relation to employment in a locker room a prompt remediation rulemaking. A individual listed in the FOR FURTHER or toilet facility used only by members discussion of this decision is provided INFORMATION CONTACT section of this of one sex. in Section II of this document. document. • Subpart F—Other Provisions NRC’s Agencywide Documents II. Discussion Access and Management System The Commission first directed the § 15a.605 Enforcement procedures. (ADAMS): You may obtain publicly staff to study the potential need for a The procedural provisions applicable available documents online in the prompt remediation rulemaking when to title VI of the Civil Rights Act of 1964 ADAMS Public Documents collection at the Commission approved the proposed (42 U.S.C. 2000d) are hereby adopted http://www.nrc.gov/reading-rm/ decommissioning planning rule (DPR) and applied to this part. These adams.html. To begin the search, select in 2007. In its staff requirements procedures may be found at 7 CFR 15.5– ‘‘ADAMS Public Documents’’ and then memorandum (SRM) on that proposed 15.11 and 15.60–15.143. select ‘‘Begin Web-based ADAMS rule (ADAMS Accession No. Search.’’ For problems with ADAMS, Dated: September 25, 2017. ML073440549), the Commission please contact the NRC’s Public Sonny Perdue, directed the staff to ‘‘make further Document Room (PDR) reference staff at improvements to the decommissioning Secretary. 1–800–397–4209, 301–415–4737, or by planning process by addressing the [FR Doc. 2017–20869 Filed 10–5–17; 8:45 am] email to [email protected]. The remediation of residual radioactivity BILLING CODE 3410–9R–P ADAMS accession number for each during the operational phase with the document referenced in this document objective of avoiding complex (if that document is available in decommissioning challenges that can NUCLEAR REGULATORY ADAMS) is provided the first time it is lead to legacy sites.’’ In its subsequent COMMISSION mentioned in the SUPPLEMENTARY Federal Register document (FRN) for INFORMATION section. the proposed DPR, published January 10 CFR Part 20 • NRC’s PDR: You may examine and 22, 2008, the Commission defined [NRC–2011–0162] purchase copies of public documents at ‘‘legacy site’’ as ‘‘a facility that is in the NRC’s PDR, Room O1F21, One decommissioning with complex issues RIN 3150–AJ17 White Flint North, 11555 Rockville and an owner who cannot complete the Pike, Rockville, Maryland 20852. Prompt Remediation of Residual decommissioning work for technical or FOR FURTHER INFORMATION CONTACT: Radioactivity During Operation financial reasons’’ (73 FR 3813). Robert D. MacDougall, Office of Nuclear Such a site could not be released for AGENCY: Nuclear Regulatory Material Safety and Safeguards, U.S. unrestricted use when the license is Commission. Nuclear Regulatory Commission, terminated, and would therefore require ACTION: Discontinuation of rulemaking Washington, DC 20555–0001; telephone: an institution, usually a government activity. 301–415–5175; email: agency, to maintain and restrict access [email protected]. to the site to keep doses to members of SUMMARY: The U.S. Nuclear Regulatory SUPPLEMENTARY INFORMATION: the public below the individual site- Commission (NRC) is discontinuing a specific limit approved by the NRC. rulemaking activity that would have Table of Contents Under § 20.1402 of title 10 of the Code required licensees to remediate residual I. Background of Federal Regulations (10 CFR), the

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maximum dose limit for release of a site published on July 18, 2011 (76 FR (NEI) 07–07, ‘‘Industry Groundwater for unrestricted use by the public is 25 42074), announced the NRC’s Protection Initiative’’ (ADAMS mrem per year. However, if the site is ‘‘Consideration of Rulemaking To Accession No. ML072610036) and a legacy site requiring institutional Address Prompt Remediation of associated groundwater contamination controls on access, the Commission, Residual Radioactivity During evaluations; (5) guidance promulgated assuming the eventual loss of such Operations.’’ by the NRC and industry groups such as controls, may approve a higher limit up The NRC staff held a public meeting NEI and the Electric Power Research to 500 mrem per year under 10 CFR and webinar on July 25, 2011, to discuss Institute (EPRI); and (6) stakeholder 20.1403. It may also approve alternative prompt remediation, and obtained and feedback from a July 11, 2016, public release criteria under 10 CFR 20.1404. evaluated additional stakeholder webinar and other forums. In either case, the licensee would have comments for a revised draft regulatory Based on these information sources, to demonstrate, among other things, that basis for potential rulemaking (ADAMS the NRC staff concluded in SECY–16– doses would be as low as reasonably Accession No. ML120190685). 0121 that: achievable (ALARA) and the concerns Subsequently, in SRM–SECY–12–0046, • Existing dose limits codified in the of affected individuals and institutions ‘‘Options for Revising the Regulatory NRC’s regulations provide adequate in the community had been Approach to Groundwater Protection’’ protection of public health and safety appropriately addressed. To minimize (ADAMS Accession No. ML121450704), during operation, and an additional rule the future possibility of these the Commission directed the staff on requiring prompt remediation would alternatives to the unrestricted release of May 24, 2012, to seek additional provide limited additional benefit. decommissioned sites, the objective of stakeholder comments on the draft • The current DPR requires early the proposed DPR was to ‘‘improve regulatory basis for a proposed prompt identification of residual radioactivity decommissioning planning and thereby remediation rule. The Commission also that, if allowed to spread, could prevent reduce the likelihood that any current directed the staff to evaluate the pros a site from being released for operating facility will become a legacy and cons of moving forward with a unrestricted use at license termination. site’’ (73 FR 3812; January 22, 2008). proposed prompt remediation The DPR also requires timely The final DPR, published on June 17, rulemaking. adjustments to decommissioning 2011 (76 FR 35512), retained that The NRC staff held a public meeting financial instruments to ensure that objective, and took effect on December and webinar on June 4, 2013, to obtain adequate funding will be available after 17, 2012. The DPR requires licensees to stakeholder comments on the ongoing facility shutdown to remediate any such conduct their operations to minimize prompt remediation issue. The staff residual radioactivity to comply with the introduction of residual then evaluated those comments and the criteria for license termination in 10 radioactivity into the site, which included the results in SECY–13–0108, CFR part 20, appendix E. These includes the site’s subsurface soil and ‘‘Staff Recommendations for Addressing requirements mitigate the potential that groundwater. Licensees may also be Remediation of Residual Radioactivity residual contamination unaccounted for required to perform site surveys to During Operations’’ (ADAMS Accession in a licensee’s funding for determine whether residual No. ML13217A230). In SRM–SECY–13– decommissioning would lead to a future radioactivity is present in subsurface 0108 (ADAMS Accession No. legacy site. areas, and to keep records of these ML13354B759), the Commission on • In some circumstances, mandated surveys with records important for December 20, 2013, approved the NRC remediation during operation could decommissioning. Among other things, staff’s recommendation to collect 2 adversely affect operational safety, as the rule requires licensees to report years of additional data on the certain locations may be safely additional details in their implementation of the DPR. The accessible only after operations have decommissioning cost estimates (76 FR Commission also directed that the staff, ceased or when operating conditions 35512; June 17, 2011). after collecting and evaluating the data permit. This would be the case, for The DPR does not, however, mandate and holding a public meeting with example, if residual radioactivity were that licensees remediate during stakeholders, provide the Commission a suspected underneath a building within operations. In response to a comment on paper ‘‘with the staff’s recommendation which a licensee was using or storing the lack of such a requirement, the for addressing remediation of residual radioactive materials. Commission noted in its FRN for the radioactivity at licensed facilities during • Groundwater resources are final rule that it ‘‘allows a licensee who the operational phase of the facility.’’ protected from abnormal releases by detects subsurface contamination either To evaluate the need for and potential effective groundwater monitoring to conduct immediate remediation or to benefits of additional rulemaking on programs, as well as industry initiatives plan for and provide funds in the form prompt remediation, the NRC staff where appropriate, to identify of financial assurance to conduct analyzed whether the manner of significant residual radioactivity early remediation at a later time, including at licensee compliance with the DPR has in the operating life of the facility. the time of decommissioning. Thus, this been adequate to prevent future legacy Examples of such initiatives are the NEI final rule creates a potential incentive sites (see SECY–16–0121, ‘‘Staff 07–07 effort and supporting EPRI for immediate remediation instead of an Recommendations For Rulemaking To guidance for evaluating potential increased financial assurance Address Remediation of Residual groundwater contamination. obligation’’ (76 FR 35532; June 17, Radioactivity During Operation,’’ • Licensees are effectively complying 2011). October 16, 2016 (ADAMS Accession with the DPR. The current regulations In parallel with the development of No. ML16235A298)). The staff are sufficient to ensure that when a the final DPR, and in accordance with evaluated: (1) NRC inspection results; facility ceases operation, site the Commission’s 2007 directive to (2) licensee event reports and characterization will have resulted in consider a prompt remediation radiological effluent monitoring reports; the appropriate identification of all requirement, the NRC staff developed a (3) the financial assurance mechanisms significant residual subsurface draft regulatory basis for a proposed rule available to support decommissioning at radioactivity, and adequate financial to address prompt remediation (ADAMS different types of facilities; (4) the resources will be available to complete Accession No. ML111580353). An FRN results of the Nuclear Energy Institute decommissioning for release of the site

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for unrestricted use at the time of practical, procedures and engineering and other NRC regulations limiting license termination. Two bases for this controls . . . to achieve . . . doses to doses to members of the public, the confidence are that no new legacy sites members of the public as low as Commission has determined that have been identified since the NRC’s reasonably achievable (ALARA).’’ By licensees are operating their facilities to financial assurance regulations were requiring public doses to be ALARA, minimize leaks and spills, monitor for promulgated in 1988, and no sites have existing NRC regulations provide ample residual radioactivity, adjust had to make adjustments to their assurance that the need for a prompt decommissioning funding to account for decommissioning funds due to the remediation rule is unlikely to grow residual surface and subsurface identification of significant residual with time. radioactivity, and maintain doses to the radioactivity since implementation of Based on these considerations, earlier public within regulatory limits, the DPR. assessments, and its conclusions from including ALARA requirements. The staff also found in SECY–16–0121 the 2 additional years of operating Compliance with these regulations that residual radioactivity detected to experience, the NRC staff in SECY–16– protects public health and safety and date has been limited mostly to onsite 0121 recommended that further work on significantly reduces the potential for areas, and there has not been a a prompt remediation rule be additional legacy sites. significant impact on public health and discontinued. On December 21, 2016, in safety. Under current regulations, this is SRM–SECY–16–0121 (ADAMS III. Availability of Documents unlikely to change. In addition to Accession No. ML16356A583), the complying with applicable dose Commission accepted the staff’s The documents identified in the standards, for example, licensees also recommendation. following table are available to must comply with the requirement in 10 From the staff’s evaluation of how interested persons through one or more CFR 20.1101(b) to ‘‘use, to the extent licensees are complying with the DPR of the following methods, as indicated.

ADAMS Accession No./ Document Federal Register citation

Decommissioning Planning; Proposed Rule (January 22, 2008) ...... 73 FR 3812 Decommissioning Planning; Final Rule (June 17, 2011) ...... 76 FR 35512 SRM—SECY–07–0177—Proposed Rule: Decommissioning Planning ...... ML073440549 Draft Proposed Technical Basis For Prompt Remediation, Rev. 4 ...... ML111580353 FEDERAL REGISTER document ‘‘Consideration of Rulemaking to Address Prompt Remediation of Residual Radioactivity 76 FR 42074 During Operations.’’ (July 18, 2011). Draft Technical Basis For Prompt Remediation, Rev. 3 ...... ML120190685 SRM–SECY–12–0046, ‘‘Options for Revising the Regulatory Approach to Groundwater Protection’’ ...... ML121450704 SECY–13–0108, ‘‘Staff Recommendations for Addressing Remediation of Residual Radioactivity During Operations’’ ...... ML13217A230 SRM–SECY–13–0108 ‘‘Staff Recommendations For Addressing Remediation Of Residual Radioactivity During Oper- ML13354B759 ations’’. Nuclear Energy Institute, NEI 07–07, ‘‘Industry Groundwater Protection Initiative’’ ...... ML072610036 SECY–16–0121, ‘‘Staff Recommendations For Rulemaking To Address Remediation Of Residual Radioactivity During ML16235A298 Operation’’. SRM–SECY–16–0121, ‘‘Staff Recommendations For Rulemaking To Address Remediation Of Residual Radioactivity ML16356A583 During Operation’’.

IV. Conclusion For the Nuclear Regulatory Commission. Federal Reserve Banks (Reserve Banks) Annette L. Vietti-Cook, to conform to amendments to The NRC is no longer pursuing Secretary of the Commission. regulations governing the use of the revisions to its regulations in 10 CFR [FR Doc. 2017–21546 Filed 10–5–17; 8:45 am] Automated Clearing House (ACH) part 20 for the reasons discussed in this BILLING CODE 7590–01–P Network by Federal agencies announced document. In the next edition of the by the Department of the Treasury, Unified Agenda, the NRC will update Bureau of the Fiscal Service (Fiscal the entry for this rulemaking activity FEDERAL RESERVE SYSTEM Service). Specifically, the amended and reference this document to indicate posting rules conform to the decision of that it is no longer being pursued. This 12 CFR Chapter II the Fiscal Service to allow Federal rulemaking activity will appear in the agencies to originate and receive same- [Docket No. OP–1572] ‘‘Completed Actions’’ section of that day entries beginning September 15, edition of the Unified Agenda, but will Policy on Payment System Risk 2017. not appear in future editions. If the NRC DATES: This policy revision is applicable decides to pursue similar or related AGENCY: Board of Governors of the Federal Reserve System. beginning on September 15, 2017. rulemaking activities in the future, it FOR FURTHER INFORMATION CONTACT: ACTION: Policy statement. will inform the public through a new Jeffrey D. Walker, Assistant Director rulemaking entry in the Unified Agenda. SUMMARY: The Board of Governors of the (202–721–4559), Jason Hinkle, Manager, Dated at Rockville, Maryland, this 2nd day Federal Reserve System (Board) has Financial Risk Management (202–912– of October 2017. revised part II of the Federal Reserve 7805), or Ian C.B. Spear, Senior Policy on Payment System Risk (PSR Financial Services Analyst (202–452– policy) related to the transaction posting 3959), Division of Reserve Bank times used for measuring balances Operations and Payment Systems; for intraday in institutions’ accounts at the users of Telecommunication Devices for

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the Deaf (TDD) only, contact 202–263– subheadings ‘‘Post at 8:30 a.m. eastern + Same-day Treasury investments. 4869; Board of Governors of the Federal time,’’ ‘‘Post by 1:00 p.m. eastern time,’’ Post at 5:00 p.m. eastern time: Reserve System, 20th and C Streets ‘‘Post at 5:00 p.m. eastern time,’’ and +/¥ Government and commercial NW., Washington, DC 20551. ‘‘Post at 5:30 p.m. eastern time,’’ is FedACH SameDay Service SUPPLEMENTARY INFORMATION: amended as follows: transactions, including return Post at 8:30 a.m. eastern time: items 9 Background +/¥ Term deposit maturities and + Treasury checks, postal money The Board’s PSR policy establishes accrued interest orders, and savings bond the procedures for measuring balances +/¥ Government and commercial redemptions in separately sorted intraday in institutions’ accounts at the ACH transactions, including return deposits; these items must be Reserve Banks by setting forth the times items 5 deposited by the latest applicable ¥ at which credits and debits for various +/ Commercial check transactions, deposit deadline preceding the 6 types of transactions are posted to those including returned checks posting time accounts (‘‘the posting rules’’).1 The + Treasury checks, postal money + Local Federal Reserve Bank checks; application of these posting rules orders, local Federal Reserve Bank these items must be presented determines an institution’s intraday checks, and savings bond before 3:00 p.m. eastern time account balance and whether it has redemptions in separately sorted Post at 5:30 p.m. eastern time: incurred a negative balance (daylight deposits; these items must be +/¥ Government and commercial overdraft). deposited by the latest applicable FedACH SameDay Service return On September 23, 2015, the Board deposit deadline preceding the transactions 10 approved enhancements to the Reserve posting time +/¥ Commercial check transactions, + Advance-notice Treasury Banks’ FedACH® SameDay Service including returned checks investments (FedACH SameDay Service) in light of ¥ Penalty assessments for tax By order of the Board of Governors of the amendments to NACHA—The payments from the Treasury Federal Reserve System, acting through the Electronic Payments Association’s Investment Program (TIP).7 Director of the Division of Reserve Bank 2 Operating Rules and Guidelines. The Post by 1:00 p.m. eastern time: Operations and Payment Systems under NACHA amendments, as incorporated +/¥ Commercial check transactions, delegated authority, October 3, 2017. into Operating Circular 4, become including returned checks Ann E. Misback, effective in three phases, beginning with +/¥ Government and commercial Secretary of the Board. same-day credits in September 2016, FedACH SameDay Service [FR Doc. 2017–21602 Filed 10–5–17; 8:45 am] same-day debits in September 2017, and transactions, including return BILLING CODE P faster funds availability in March 2018. items 8 Next-day settlement remains available. The Board is revising the PSR policy’s 5 With the exception of paper returns and paper DEPARTMENT OF TRANSPORTATION posting rules for same-day ACH notifications of change of prior-dated items that transactions to conform to amendments only post at 5:00 p.m.; and paper returns of same- day forward items that only post at 5:30 p.m. Federal Aviation Administration to 31 CFR part 210 (part 210) announced Institutions that are monitored in real time must on September 11, 2017 by Fiscal fund the total amount of their commercial ACH 14 CFR Part 39 Service.3 Specifically, the amended credit originations in order for the transactions to posting rules conform to the decision of be processed. If the Federal Reserve receives [Docket No. FAA–2017–0254; Product the Fiscal Service to allow Federal commercial ACH credit transactions from Identifier 2017–NE–10–AD; Amendment 39– institutions monitored in real time after the 19066; AD 2017–20–09] agencies to originate and receive same- scheduled close of the Fedwire Funds Service, day entries beginning September 15, these transactions will be processed at 12:30 a.m. RIN 2120–AA64 2017.4 the next business day, or by the ACH deposit deadline, whichever is earlier. The Account Airworthiness Directives; General Policy on Payment System Risk Balance Monitoring System provides intraday account information to the Reserve Banks and Electric Company Turbofan Engines The Federal Reserve Policy on institutions and is used primarily to give authorized Payment System Risk, section II.A, Reserve Bank personnel a mechanism to control AGENCY: Federal Aviation under the heading ‘‘Procedures for and monitor account activity for selected Administration (FAA), DOT. institutions. For more information on ACH ACTION: Final rule. Measuring Daylight Overdrafts’’ and the transaction processing, refer to the ACH Settlement Day Finality Guide available through the Federal SUMMARY 1 The Board’s PSR policy is available at https:// Reserve Financial Services Web site at http:// : We are adopting a new www.federalreserve.gov/paymentsystems/files/psr_ www.frbservices.org. airworthiness directive (AD) for all policy.pdf. 6 For the three commercial check transaction General Electric Company (GE) CF34–8E 2 80 FR 58248 (Sep. 28, 2015). NACHA, whose posting times, the Reserve Banks will post credits model turbofan engines. This AD was membership consists of insured financial and debits to institutions’ accounts for checks prompted by a report that using a institutions and regional payment associations, deposited and presented, respectively, at least 30 establishes network-wide ACH rules through its minutes before the posting time. certain repair procedure for the fan Operating Rules and Guidelines. As an ACH 7 The Reserve Banks will identify and notify outlet guide vane (OGV) frame could operator, the Reserve Banks, through Operating institutions with Treasury-authorized penalties on alter the strength capability of the fan Circular 4, incorporate NACHA’s Operating Rules Thursdays. In the event that Thursday is a holiday, OGV frame. This AD requires and Guidelines as rules that govern clearing and the Reserve Banks will identify and notify settlement of commercial ACH items by the Reserve institutions with Treasury-authorized penalties on replacement of all fan OGV frames Banks, except for those provisions specifically the following business day. Penalties will then be excluded in the Operating Circular. posted on the business day following notification. 9 With the exception of paper returns of same-day 3 The Fiscal Service amended part 210 to address 8 With the exception of paper returns and paper forward items that only post at 5:30 p.m. changes to the NACHA Operating Rules, including notifications of change (NOCs) of prior-dated items 10 With the exception of paper returns and paper NACHA’s same-day amendments. See 82 FR 42597 that only post at 5:00 p.m.; paper returns of same- notifications of change (NOCs) of prior-dated items (Sep. 11, 2017). Part 210 governs the use of ACH day forward items that only post at 5:30 p.m.; and that only post at 5:00 p.m.; and FedLine Web by Federal agencies and incorporates the NACHA FedLine Web returns and FedLine Web NOCs that returns and FedLine Web NOCs that only post at Operating Rules, with certain exceptions. only post at 8:30 a.m. and 5:00 p.m., depending on 8:30 a.m. and 5:00 p.m., depending on when the 4 31 CFR 210.2(d)(7) (as amended Sept. 11, 2017). when the item is received by Reserve Banks. item is received by Reserve Banks.

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repaired using this procedure. We are 26615). The NPRM was prompted by a Related Service Information section in issuing this AD to address the unsafe report that using a certain repair the preamble of this final rule, with a condition on these products. procedure for the fan OGV frame could note that GE SB CF34–8E–AL S/B 72– DATES: This AD is effective November alter the strength capability of the fan 0183 does not include a comprehensive 13, 2017. OGV frame because the repair procedure list of all affected parts. GE SB CF34– ADDRESSES: For service information included an improper heat cycle. The 8E–AL S/B 72–0183 includes a list of identified in this final rule, contact NPRM proposed to require replacement OGV frame S/Ns known to GE that have General Electric Company, GE-Aviation, of all fan OGV frames repaired using been repaired to GEK 112031 72–00–23, Room 285, 1 Neumann Way, Cincinnati, this procedure. This condition, if not REPAIR 006. corrected, could result in failure of the OH 45215, phone: 513–552–3272; fax: Conclusion 513–552–3329; email: [email protected]. fan OGV frame, engine separation, and You may view this service information loss of the airplane. We reviewed the relevant data, considered the comments received, and at the FAA, Engine and Propeller Comments Standards Branch, 1200 District determined that air safety and the Avenue, Burlington, MA. For We gave the public the opportunity to public interest require adopting this information on the availability of this participate in developing this final rule. final rule with the change described material at the FAA, call 781–238–7125. The following presents the comments previously. We have determined that It is also available on the internet at received on the NPRM and the FAA’s these minor changes: http://www.regulations.gov by searching response to each comment. • Are consistent with the intent that for and locating Docket No. FAA–2017– Support for the NPRM was proposed in the NPRM for 0254. correcting the unsafe condition; and The Air Line Pilots Association • Do not add any additional burden Examining the AD Docket supports the NPRM. upon the public than was already You may examine the AD docket on Request To Change Applicability proposed in the NPRM. the Internet at http:// www.regulations.gov by searching for Horizon Air requested we include a We also determined that these and locating Docket No. FAA–2017– list of fan OGV frame affected serial changes will not increase the economic 0254; or in person at the Docket numbers (S/Ns) in this AD. J-Air burden on any operator or increase the Management Facility between 9 a.m. requested that this AD include GE scope of this final rule. and 5 p.m., Monday through Friday, Service Bulletin (SB) CF34–8E–AL S/B Related Service Information except Federal holidays. The AD docket 72–0183, Revision 3, dated March 7, contains this final rule, the regulatory 2017, for a list of affected OGV frame We reviewed GE CF34–8E Engine evaluation, any comments received, and S/Ns known to GE. Further, the two Manual, GEK 112031, 72–00–23, other information. The address for the commenters explained that operators REPAIR 006. The repair describes Docket Office (phone: 800–647–5527) is are not necessarily aware of which procedures for applying a dry-film Document Management Facility, U.S. repairs have been performed. The lubricant to the fan OGV frame with Department of Transportation, Docket changes were requested to take the heat curing. Operations, M–30, West Building burden off the operator to determine AD We also reviewed GE SB CF34–8E–AL Ground Floor, Room W12–140, 1200 applicability. S/B 72–0183, Revision 3, dated March 7, New Jersey Avenue SE., Washington, We partially agree. We disagree that 2017. The SB provides instructions to DC 20590. SB CF34–8E–AL S/B 72–0183 provides replace the fan OGV frames repaired as FOR FURTHER INFORMATION CONTACT: a list of all affected OGV frame S/Ns. specified in GE CF34–8E Engine David Bethka, Aerospace Engineer, ECO The list of known affected part S/Ns is Manual, GEK 112031, 72–00–23, Branch, FAA, 1200 District Avenue, based on the best available data, but is REPAIR 006. However, the SB does not Burlington, MA 01803; phone: 781– not comprehensive. It may be possible provide a comprehensive list of affected 238–7129; fax: 781–238–7199; email: that some OGV frames were repaired, parts. The SB provides a list of OGV [email protected]. but are not known to GE and are not frame S/Ns known to GE that have been SUPPLEMENTARY INFORMATION: included in GE SB CF34–8E–AL S/B repaired to GEK 112031 72–00–23 72–0183. Operators are responsible for REPAIR 006. Discussion checking engine records to determine Costs of Compliance We issued a notice of proposed AD applicability. rulemaking (NPRM) to amend 14 CFR We agree to unburden operators to the We estimate that this AD affects 42 part 39 by adding an AD that would maximum extent possible. In the engines installed on airplanes of U.S. apply to all GE CF34–8E model turbofan interest of aiding operators to determine registry. engines. The NPRM published in the affected part S/Ns, we included GE SB We estimate the following costs to Federal Register on June 8, 2017 (82 FR CF34–8E–AL S/B 72–0183 in the comply with this AD:

ESTIMATED COSTS

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

Fan OGV frame part—annual, prorated cost 0 work-hour × $85 per hour = $0.00 ...... $12,300 $12,300 $516,600

According to the manufacturer, some do not control warranty coverage for Authority for This Rulemaking of the costs of this AD may be covered affected individuals. As a result, we under warranty, thereby reducing the have included all costs in our cost Title 49 of the United States Code cost impact on affected individuals. We estimate. specifies the FAA’s authority to issue

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rules on aviation safety. Subtitle I, the FAA amends 14 CFR part 39 as separation of pairs of major mating engine section 106, describes the authority of follows: flanges. the FAA Administrator. Subtitle VII: (i) Alternative Methods of Compliance Aviation Programs, describes in more PART 39—AIRWORTHINESS (AMOCs) DIRECTIVES detail the scope of the Agency’s (1) The Manager, ECO Branch, FAA, has authority. ■ the authority to approve AMOCs for this AD, We are issuing this rulemaking under 1. The authority citation for part 39 continues to read as follows: if requested using the procedures found in 14 the authority described in Subtitle VII, CFR 39.19. In accordance with 14 CFR 39.19, Part A, Subpart III, Section 44701: Authority: 49 U.S.C. 106(g), 40113, 44701. send your request to your principal inspector ‘‘General requirements.’’ Under that § 39.13 [Amended] or local Flight Standards District Office, as section, Congress charges the FAA with appropriate. If sending information directly promoting safe flight of civil aircraft in ■ 2. The FAA amends § 39.13 by adding to the manager of the certification office, air commerce by prescribing regulations the following new airworthiness send it to the attention of the person for practices, methods, and procedures directive (AD): identified in paragraph (j)(1) of this AD. You the Administrator finds necessary for 2017–20–09 General Electric Company: may email your request to: ANE–AD–AMOC@ safety in air commerce. This regulation Amendment 39–19066; Docket No. faa.gov. is within the scope of that authority FAA–2017–0254; Product Identifier (2) Before using any approved AMOC, because it addresses an unsafe condition 2017–NE–10–AD. notify your appropriate principal inspector, or lacking a principal inspector, the manager that is likely to exist or develop on (a) Effective Date of the local flight standards district office/ products identified in this rulemaking This AD is effective November 13, 2017. certificate holding district office. action. This AD is issued in accordance with (b) Affected ADs (j) Related Information authority delegated by the Executive None. (1) For more information about this AD, contact David Bethka, Aerospace Engineer, Director, Aircraft Certification Service, (c) Applicability as authorized by FAA Order 8000.51C. ECO Branch, FAA, 1200 District Avenue, In accordance with that order, issuance This AD applies to all General Electric Burlington, MA 01803; phone: 781–238– Company (GE) CF34–8E2; CF34–8E2A1; 7129; fax: 781–238–7199; email: of ADs is normally a function of the CF34–8E5; CF34–8E5A1; CF34–8E5A2; Compliance and Airworthiness [email protected]. CF34–8E6; and CF34–8E6A1 model turbofan (2) For General Electric service information Division, but during this transition engines. period, the Executive Director has identified in this AD, contact General Electric (d) Subject Company, GE-Aviation, Room 285, 1 delegated the authority to issue ADs Neumann Way, Cincinnati, OH 45215, applicable to engines, propellers, and Joint Aircraft System Component (JASC), 7270, Turbine Engine Bypass Section. phone: 513–552–3272; fax: 513–552–3329; associated appliances to the Manager, email: [email protected]. You may view this Engine and Propeller Standards Branch, (e) Unsafe Condition service information at the FAA, Engine and Policy and Innovation Division. This AD was prompted by a report that Propeller Standards Branch, 1200 District Avenue, Burlington, MA. For information on Regulatory Findings using a certain repair procedure for the fan outlet guide vane (OGV) frame could alter the the availability of this material at the FAA, This AD will not have federalism strength capability of the fan OGV frame. We call 781–238–7125. implications under Executive Order are issuing this AD to prevent failure of the (k) Material Incorporated by Reference 13132. This AD will not have a fan OGV frame, engine separation, and loss substantial direct effect on the States, on of the airplane. None. the relationship between the national (f) Compliance Issued in Burlington, Massachusetts, on government and the States, or on the September 28, 2017. Comply with this AD within the distribution of power and compliance times specified, unless already Robert J. Ganley, responsibilities among the various done. Manager, Engine and Propeller Standards levels of government. Branch, Aircraft Certification Service. (g) Required Actions For the reasons discussed above, I [FR Doc. 2017–21345 Filed 10–5–17; 8:45 am] certify that this AD: (1) For engines with a fan OGV frame BILLING CODE 4910–13–P (1) Is not a ‘‘significant regulatory installed that was repaired using GE CF34– action’’ under Executive Order 12866, 8E Engine Manual, GEK 112031, 72–00–23, (2) Is not a ‘‘significant rule’’ under REPAIR 006: DOT Regulatory Policies and Procedures (i) If the fan OGV frame has 24,900 cycles since new (CSN) or more on the effective date DEPARTMENT OF THE TREASURY (44 FR 11034, February 26, 1979), of this AD, remove the OGV frame from (3) Will not affect intrastate aviation service within 100 cycles after the effective Internal Revenue Service in Alaska, and date of this AD. (4) Will not have a significant (ii) If the OGV frame has less than 24,900 26 CFR Part 1 economic impact, positive or negative, CSN on the effective date of this AD, remove on a substantial number of small entities the fan OGV frame from service at the next Income Taxes under the criteria of the Regulatory shop visit after the effective date of this AD, Flexibility Act. or before exceeding 25,000 CSN, whichever CFR Correction occurs earlier. List of Subjects in 14 CFR Part 39 (2) After the effective date of this AD, do In Title 26 of the Code of Federal Regulations, Part 26, §§ 1.401 to 1.409, Air transportation, Aircraft, Aviation not install a fan OGV frame that was repaired using GE CF34–8E Engine Manual, GEK revised as of April 1, 2017, on page 235, safety, Incorporation by reference, 112031, 72–00–23, REPAIR 006. in § 1.401(a)(9)–6, at the end of Safety. (h) Definition paragraph (d)(3)(i), insert the words ‘‘as Adoption of the Amendment of the date of purchase’’. For the purpose of this AD, an ‘‘engine Accordingly, under the authority shop visit’’ is the induction of an engine into [FR Doc. 2017–21742 Filed 10–5–17; 8:45 am] delegated to me by the Administrator, the shop for maintenance involving the BILLING CODE 1301–00–D

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DEPARTMENT OF THE TREASURY Sprint regulated area from 9:30 a.m. to DATES: This direct final rule will be noon on October 7, 2017. This action is effective December 5, 2017, without Internal Revenue Service being taken to provide for the safety of further notice, unless EPA receives life on navigable waterways during this adverse comment by November 6, 2017. 26 CFR Part 1 event. Our regulation for marine events If EPA receives adverse comment, we within the Fifth Coast Guard District, will publish a timely withdrawal of the Income Taxes § 100.501, specifies the location of the direct final rule in the Federal Register CFR Correction regulated area for the Swim the Loop informing the public that the rule will and Motts Channel Sprint which not take effect. In Title 26 of the Code of Federal encompasses portions of Motts Channel, ADDRESSES: Submit your comments, Regulations, § 1.1551 to end of part 1, Banks Channel, Lee’s Cut, and the identified by Docket ID No. EPA–R07– revised as of April 1, 2017, on page 331, Atlantic Intracoastal Waterway. During OAR–2017–0515, to https:// in § 1.6045–4, in paragraph (m), after the the enforcement periods, as reflected in www.regulations.gov. Follow the online designation (1), the designation (i) is § 100.100(c), if you are the operator of instructions for submitting comments. added. a vessel in the regulated area you must Once submitted, comments cannot be [FR Doc. 2017–21741 Filed 10–5–17; 8:45 am] comply with directions from the Patrol edited or removed from Regulations.gov. BILLING CODE 1301–00–D Commander or any Official Patrol EPA may publish any comment received displaying a Coast Guard ensign. to its public docket. Do not submit This notice of enforcement is issued electronically any information you DEPARTMENT OF HOMELAND under authority of § 100.100(f) and 5 consider to be Confidential Business SECURITY U.S.C. 552(a). In addition to this notice Information (CBI) or other information of enforcement in the Federal Register, whose disclosure is restricted by statute. Coast Guard the Coast Guard plans to provide Multimedia submissions (audio, video, notification of this enforcement period etc.) must be accompanied by a written 33 CFR Part 100 via a Broadcast Notice to Mariners. comment. The written comment is [Docket No. USCG–2017–0909] Dated: October 2, 2017. considered the official comment and should include discussion of all points Bion B. Stewart, Special Local Regulations; Marine you wish to make. EPA will generally Captain, U.S. Coast Guard, Captain of the not consider comments or comment Events Within the Fifth Coast Guard Port, North Carolina. District contents located outside of the primary [FR Doc. 2017–21570 Filed 10–5–17; 8:45 am] submission (i.e. on the web, cloud, or AGENCY: Coast Guard, DHS. BILLING CODE 9110–04–P other file sharing system). For ACTION: Notice of enforcement of additional submission methods, the full regulation. EPA public comment policy, ENVIRONMENTAL PROTECTION information about CBI or multimedia SUMMARY: The Coast Guard will enforce AGENCY submissions, and general guidance on special local regulations for the Swim making effective comments, please visit 40 CFR Part 52 the Loop and Motts Channel Sprint on https://www2.epa.gov/dockets/ October 7, 2017, to provide for the [EPA–R07–OAR–2017–0515; FRL–9968– commenting-epa-dockets. safety of life on navigable waterways 80—Region 7] FOR FURTHER INFORMATION CONTACT: during this event. Our regulation for Tracey Casburn, Environmental marine events within the Fifth Coast Approval of Missouri Air Quality Protection Agency, Air Planning and Guard District identifies the regulated Implementation Plans; Infrastructure Development Branch, 11201 Renner area for this event in Wrightsville SIP Requirements for the 2010 Sulfur Boulevard, Lenexa, Kansas 66219 at Beach, NC. During the enforcement Dioxide National Ambient Air Quality (913) 551–7016, or by email at periods, the operator of any vessel in the Standard [email protected]. regulated area must comply with SUPPLEMENTARY INFORMATION: directions from the Patrol Commander AGENCY: Environmental Protection or any Official Patrol displaying a Coast Agency (EPA). Throughout this document ‘‘we,’’ ‘‘us,’’ Guard ensign. ACTION: Direct final rule. and ‘‘our’’ refer to EPA. This section provides additional information by DATES: The regulations in 33 CFR SUMMARY: The Environmental Protection addressing the following: 100.501 will be enforced for the Swim Agency (EPA) is approving elements of I. What is being addressed in this document? the Loop and Motts Channel Sprint a State Implementation Plan (SIP) regulated area listed in item d.1 in the II. Have the requirements for approval of a revision from the State of Missouri for SIP revision been met? Table to § 100.501 from 9:30 a.m. to the 2010 Sulfur Dioxide (SO2) National III. What action is EPA taking? noon on October 7, 2017. Ambient Air Quality Standard IV. Statutory and Executive Order Reviews FOR FURTHER INFORMATION CONTACT: If (NAAQS). Section 110 of the CAA you have questions about this notice of requires that each state adopt and I. What is being addressed in this enforcement, contact Petty Officer submit a SIP for the implementation, document? Matthew Tyson, Waterways maintenance, and enforcement of each EPA is approving the revision as Management Division, U.S. Coast Guard new or revised NAAQS promulgated by meeting the submittal requirement of Sector North Carolina, Wilmington, NC; EPA. These SIPs are commonly referred section 110(a)(1). EPA is approving telephone: 910–772–2221, email: to as ‘‘infrastructure’’ SIPs. The elements of the infrastructure SIP [email protected]. infrastructure requirements are designed submission from the State of Missouri SUPPLEMENTARY INFORMATION: The Coast to ensure that the structural components received on July 08, 2013. EPA is Guard will enforce special local of each state’s air quality management approving the following elements of regulations in 33 CFR 100.501 for the program are adequate to meet the state’s section 110(a)(2): (A), (B), (C), (D)(i)(II)— Swim the Loop and Motts Channel responsibilities under the CAA. prevention of significant deterioration of

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air quality (prong 3), (D)(ii), (E) through to the 2010 SO2 NAAQS. As stated • Is certified as not having a (H), and (J) through (M). EPA is not above, EPA is approving the revision as significant economic impact on a acting on the elements of section meeting the submittal requirement of substantial number of small entities 110(a)(2)(D)(i)(I)—significant section 110(a)(1) and approving the under the Regulatory Flexibility Act (5 contribution to nonattainment (prong 1), following elements of section 110(a)(2): U.S.C. 601 et seq.); interfering with maintenance of the (A), (B), (C), (D)(i)(II)—prevention of • Does not contain any unfunded NAAQs (prong 2) or section 110(a)(2)(I). significant deterioration of air quality mandate or significantly or uniquely EPA intends to act on section (prong 3), (D)(ii), (E) through (H), and (J) affect small governments, as described 110(a)(2)(D)(i)(II)—protection of through (M). EPA is not acting on in the Unfunded Mandates Reform Act visibility (prong 4) in a separate action. section 110(a)(2)(I). EPA intends to act of 1995 (Pub. L. 104–4); A Technical Support Document (TSD) on section 110(a)(2)(D)(i)(II)—protection • Does not have Federalism is included as part of the docket to of visibility (prong 4) in a separate implications as specified in Executive discuss the details of this action, action. Order 13132 (64 FR 43255, August 10, including analysis of how the SIP meets EPA is not acting on the elements of 1999); the applicable 110 requirements for section 110(a)(2)(D)(i)(I)—significant • infrastructure SIPs. contribution to nonattainment (prong 1), Is not an economically significant interfering with maintenance of the regulatory action based on health or II. Have the requirements for approval NAAQs (prong 2) because those safety risks subject to Executive Order of a SIP revision been met? elements were not addressed in the SIP 13045 (62 FR 19885, April 23, 1997); The state’s submission has met the revision submittal. • Is not a significant regulatory action public notice requirements for SIP EPA is not taking action on section subject to Executive Order 13211 (66 FR submissions in accordance with 40 CFR 110(a)(2)(D)(I) as the agency does not 28355, May 22, 2001); 51.102. The state held a public comment expect infrastructure SIP revisions to • Is not subject to requirements of period from The MDNR held a public address the element. Section 110(a)(2)(I) Section 12(d) of the National hearing and comment period from April requires that in the case of a plan or Technology Transfer and Advancement 30, 2013, to June 6, 2013. EPA provided plan revision for areas designated as Act of 1995 (15 U.S.C. 272 note) because comments on May 23, 2013 and were nonattainment areas, states must meet application of those requirements would the only commenters. A public hearing applicable requirements of part D of the be inconsistent with the CAA; and was held on May 30, 2013. The CAA, relating to SIP requirements for • Does not provide EPA with the submission satisfied the completeness designated nonattainment areas. EPA discretionary authority to address, as criteria of 40 CFR part 51, appendix V does not expect infrastructure SIP appropriate, disproportionate human for all elements except submissions to address element (I). The health or environmental effects, using 110(a)(2)(D)(i)(I)—prongs 1 and 2. As specific SIP submissions for designated practicable and legally permissible explained in more detail in the TSD, nonattainment areas, as required under methods, under Executive Order 12898 which is part of this docket, the revision CAA title I, part D, are subject to (59 FR 7629, February 16, 1994). meets the substantive SIP requirements different submission schedules than The SIP is not approved to apply on of the CAA, including section 110 and those for section 110 infrastructure any Indian reservation land or in any implementing regulations. elements. EPA will take action on part other area where EPA or an Indian tribe D attainment plan SIP submissions III. What action is EPA taking? has demonstrated that a tribe has through a separate rulemaking governed jurisdiction. In those areas of Indian We are publishing this direct final by the requirements for nonattainment country, the rule does not have tribal rule without a prior proposed rule areas, as described in part D. because we view this as a implications and will not impose noncontroversial action and anticipate IV. Statutory and Executive Order substantial direct costs on tribal no adverse comment. However, in the Reviews governments or preempt tribal law as ‘‘Proposed Rules’’ section of this Under the Clean Air Act (CAA), the specified by Executive Order 13175 (65 Federal Register, we are publishing a Administrator is required to approve a FR 67249, November 9, 2000). separate document that will serve as the SIP submission that complies with the List of Subjects in 40 CFR Part 52 proposed rule to approve the SIP provisions of the Act and applicable revision if adverse comments are Federal regulations. 42 U.S.C. 7410(k); Environmental protection, Air received on this direct final rule. We 40 CFR 52.02(a). Thus, in reviewing SIP pollution control, Incorporation by will not institute a second comment submissions, EPA’s role is to approve reference, Intergovernmental relations, period on this action. Any parties state choices, provided that they meet Reporting and recordkeeping interested in commenting must do so at the criteria of the CAA. Accordingly, requirements, Sulfur dioxide. this time. For further information about this action merely approves state law as Dated: September 21, 2017. commenting on this rule, see the meeting Federal requirements and does Cathy Stepp, ADDRESSES section of this document. If not impose additional requirements Acting Regional Administrator, Region 7. EPA receives adverse comment, we will beyond those imposed by state law. For publish a timely withdrawal in the that reason, this action: For the reasons stated in the Federal Register informing the public • Is not a significant regulatory action preamble, EPA is amending 40 CFR part that this direct final rule will not take subject to review by the Office of 52 as set forth below: effect. We will address all public Management and Budget under comments in any subsequent final rule Executive Orders 12866 (58 FR 51735, PART 52—APPROVAL AND based on the proposed rule. October 4, 1993) and 13563 (76 FR 3821, PROMULGATION OF EPA is approving elements of the July January 21, 2011); IMPLEMENTATION PLANS 8, 2013, infrastructure SIP submission • Does not impose an information from the State of Missouri, which collection burden under the provisions ■ 1. The authority citation for part 52 addresses the requirements of CAA of the Paperwork Reduction Act (44 continues to read as follows: sections 110(a)(1) and (2) as applicable U.S.C. 3501 et seq.); Authority: 42 U.S.C. 7401 et seq.

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Subpart AA—Missouri § 52.1320 Identification of plan. * * * * * ■ 2. Amend § 52.1320 by adding paragraph (e)(65) to read as follows: (e) * * *

EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS

Name of non-regulatory Applicable geographic or State submittal SIP revision nonattainment area date EPA approval date Explanation

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(65) Sections 110(a)(1) Statewide ...... 7/8/2013 10/6/2017, [Insert Federal This action approves the following CAA and 110(a)(2) Infrastruc- Register citation]. elements: 110(a)(1) and 110(a)(2)(A), ture Requirements for (B), (C), (D)(i)(II)—prong 3, (D)(ii), the 2010 Sulfur Dioxide (E), (F), (G), (H), (J), (K), (L), and NAAQS. (M). EPA is not acting on 110(a)(2)(D)(i)(I)—prongs 1 and 2. 110(a)(2)(I) is not applicable. EPA in- tends to act on 110(a)(2)(D)(i)(II)— prong 4 in a separate action. [EPA– R07–OAR–2017–0515; FRL–9968– 80–Region 7.]

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[FR Doc. 2017–21532 Filed 10–5–17; 8:45 am] allowances among Alabama units. the Air Regulatory Management Section, BILLING CODE 6560–50–P Under the CSAPR regulations, final Air Planning and Implementation approval of these portions of the SIP Branch, Air, Pesticides and Toxics revisions automatically eliminates Management Division, U.S. ENVIRONMENTAL PROTECTION Alabama units’ FIP requirements to Environmental Protection Agency, AGENCY participate in CSAPR’s federal Region 4, 61 Forsyth Street SW., allowance trading program for ozone Atlanta, Georgia 30303–8960. EPA 40 CFR Part 52 season NOX emissions. Approval also requests that if at all possible, you [EPA–R04–OAR–2017–0415; FRL–9968– fully satisfies Alabama’s good neighbor contact the person listed in the FOR 93—Region 4] obligation under the Clean Air Act FURTHER INFORMATION CONTACT section to (CAA or Act) to prohibit emissions schedule your inspection. The Regional Air Plan Approval; Alabama; Cross- which will significantly contribute to Office’s official hours of business are State Air Pollution Rule nonattainment or interfere with Monday through Friday 8:30 a.m. to maintenance of the 1997 8-hour Ozone 4:30 p.m., excluding federal holidays. AGENCY: Environmental Protection National Ambient Air Quality Standards FOR FURTHER INFORMATION CONTACT: Agency. (NAAQS) in any other state; and Ashten Bailey, Air Regulatory ACTION: Final rule. partially satisfies Alabama’s good Management Section, Air, Pesticides SUMMARY: The Environmental Protection neighbor obligation under the CAA to and Toxics Management Division, U.S. Agency (EPA) is approving portions of prohibit emissions which will Environmental Protection Agency, the October 26, 2015, and May 19, 2017, significantly contribute to Region 4, 61 Forsyth Street SW., State Implementation Plan (SIP) nonattainment or interfere with Atlanta, Georgia 30303–8960. Ms. Bailey revisions from Alabama replacing the maintenance of the 2008 8-hour Ozone can be reached by telephone at (404) Cross-State Air Pollution Rule (CSAPR) NAAQS in any other state. 562–9164 or via electronic mail at federal implementation plan (FIP). DATES: This rule will be effective [email protected]. Under CSAPR, large electricity November 6, 2017. SUPPLEMENTARY INFORMATION: generating units (EGUs) in Alabama are ADDRESSES: EPA has established a I. Background on CSAPR and CSAPR- subject to FIP provisions requiring the docket for this action under Docket Related SIP Revisions units to participate in a federal Identification No EPA–R04–OAR–2017– EPA issued CSAPR 1 in July 2011 and allowance trading program for ozone 0415. All documents in the docket are 2 season emissions of nitrogen oxides listed on the www.regulations.gov Web the CSAPR Update in 2016 to address (NOX). This action approves into site. Although listed in the index, some 1 Federal Implementation Plans; Interstate Alabama’s SIP the State’s regulations information may not be publicly Transport of Fine Particulate Matter and Ozone and requiring Alabama’s affected units to available, i.e., Confidential Business Correction of SIP Approvals, 76 FR 48208 (August participate in a new state allowance Information or other information whose 8, 2011) (codified as amended at 40 CFR 52.38 and 52.39 and subparts AAAAA through EEEEE of 40 trading program for ozone season NOX disclosure is restricted by statute. CFR part 97). emissions integrated with the CSAPR Certain other material, such as 2 See 81 FR 74504 (October 26, 2016). The CSAPR federal trading programs, replacing the copyrighted material, is not placed on Update was promulgated to address interstate corresponding CSAPR FIP requirements the Internet and will be publicly pollution with respect to the 2008 8-hour Ozone for Alabama. This state trading program available only in hard copy form. NAAQS and to address a judicial remand of certain original CSAPR ozone season NOX budgets is substantively identical to the federal Publicly available docket materials are promulgated with respect to the 1997 8-hour Ozone trading program except with regard to available either electronically through NAAQS. Id. at 74505. The CSAPR Update the provisions allocating emission www.regulations.gov or in hard copy at established new emission reduction requirements

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the requirements of CAA section using either CSAPR’s federal emissions federal trading program in place for the 110(a)(2)(D)(i)(I) concerning interstate trading programs or state emissions state’s units. transport of air pollution for specific trading programs integrated with the Under the second alternative—a NAAQS. As amended (including by the federal programs, provided that the SIP ‘‘full’’ SIP revision—a state may submit 2016 CSAPR Update), CSAPR requires revisions meet all relevant criteria.4 a SIP revision that upon approval 27 eastern states to limit their statewide Through such a SIP revision, a state may replaces a CSAPR federal trading emissions of sulfur dioxide (SO2) and/ replace EPA’s default provisions for program for the state with a state trading or NOX in order to mitigate transported allocating emission allowances among program integrated with the federal air pollution unlawfully impacting other the state’s units, employing any state- trading program, so long as the state states’ ability to attain or maintain four selected methodology to allocate or trading program is substantively NAAQS: The 1997 annual PM2.5 auction the allowances, subject to identical to the federal trading program NAAQS, the 2006 24-hour PM2.5 timing conditions and limits on overall or does not substantively differ from the NAAQS, the 1997 8-hour Ozone allowance quantities. In the case of federal trading program except as NAAQS, and the 2008 8-hour Ozone CSAPR’s federal trading programs for discussed above with regard to the NAAQS. The CSAPR emissions allowance allocation and/or ozone season NOX emissions (or an 8 limitations are defined in terms of integrated state trading program), a state applicability provisions. For purposes maximum statewide ‘‘budgets’’ for may also expand trading program of a full SIP revision, a state may either emissions of annual SO , annual NO , 2 X applicability to include certain smaller adopt state rules with complete trading and/or ozone season NO by each X EGUs.5 If a state wants to replace the program language, incorporate the covered state’s large EGUs. The CSAPR federal trading program language into its CSAPR FIP requirements with SIP state budgets are implemented in two state rules by reference (with requirements under which the state’s phases of generally increasing appropriate conforming changes), or units participate in a state trading stringency: The Phase 1 budgets apply employ a combination of these program that is integrated with and to emissions in 2015 and 2016; and the approaches. Phase 2 and CSAPR Update budgets identical to the federal trading program The CSAPR regulations identify apply to emissions in 2017 and later even as to the allocation and several important consequences and years. As a mechanism for achieving applicability provisions, the state may limitations associated with approval of compliance with the emissions submit a SIP revision for that purpose a full SIP revision. First, upon EPA’s limitations, CSAPR establishes five as well. However, no emissions budget approval of a full SIP revision as federal emissions trading programs: A increases or other substantive changes correcting the deficiency in the state’s program for annual NOX emissions; two to the trading program provisions are SIP that was the basis for a particular set geographically separate programs for allowed. A state whose units are subject of CSAPR FIP requirements, the annual SO2 emissions; and two to multiple CSAPR federal trading obligation to participate in the geographically separate programs for programs may submit SIP revisions to corresponding CSAPR federal trading ozone season NOX emissions. CSAPR modify or replace either some or all of program is automatically eliminated for also establishes FIP requirements those FIP requirements. units subject to the state’s jurisdiction applicable to the large EGUs in each States can submit two basic forms of without the need for a separate EPA 3 covered state. Currently, the CSAPR CSAPR-related SIP revisions effective withdrawal action, so long as EPA’s FIP provisions require each state’s units for emissions control periods in 2017 or approval of the SIP revision as meeting to participate in up to three of the five later years.6 Specific conditions for the requirements of the CSAPR CSAPR trading programs. 9 approval of each form of SIP revision regulations is full and unconditional. CSAPR includes provisions under Second, approval of a full SIP revision which states may submit and EPA will are set forth in the CSAPR regulations, as described in section III below. Under does not terminate the obligation to approve SIP revisions to modify or participate in the corresponding CSAPR replace the CSAPR FIP requirements the first alternative—an ‘‘abbreviated’’ SIP revision—a state may submit a SIP federal trading program for any units while allowing states to continue to located in any Indian country within the meet their transport-related obligations revision that upon approval replaces the default allowance allocation and/or borders of the state, and if and when a unit is located in Indian country within addressing the more recent ozone NAAQS and applicability provisions of a CSAPR coordinated them with the remaining emission federal trading program for the state.7 a state’s borders, EPA may modify the reduction requirements addressing the older Approval of an abbreviated SIP revision SIP approval to exclude from the SIP, NAAQS, so that starting in 2017, CSAPR includes leaves the corresponding CSAPR FIP and include in the surviving CSAPR FIP two geographically separate trading programs for instead, certain trading program ozone season NOX emissions covering EGUs in a and all other provisions of the relevant total of 23 states. See 40 CFR 52.38(b)(1)–(2). provisions that apply jointly to units in 3 the state and to units in Indian country States are required to submit good neighbor SIPs 4 See 40 CFR 52.38, 52.39. States also retain the 10 three years after a NAAQS is promulgated. CAA ability to submit SIP revisions to meet their within the state’s borders. Finally, if at section 110(a)(1) and (2). Where EPA finds that a transport-related obligations using mechanisms the time a full SIP revision is approved state fails to submit a required SIP or disapproves other than the CSAPR federal trading programs or a SIP, EPA is obligated to promulgate a FIP EPA has already started recording integrated state trading programs. allocations of allowances for a given addressing the deficiency. CAA section 110(c). EPA 5 found that Alabama failed to make timely States covered by both the CSAPR Update and control period to a state’s units, the submissions required to address the good neighbor the NOX SIP Call have the additional option to expand applicability under the CSAPR NOX Ozone federal trading program provisions provision with respect to the 1997 annual PM2.5 and 8-hour ozone NAAQS (70 FR 21147, Apr. 25, 2005), Season Group 2 Trading Program to include non- authorizing EPA to complete the process and the 2008 8-hour ozone NAAQS (80 FR 39961, EGUs that would have participated in the NOX of allocating and recording allowances June 13, 2015). In addition, EPA disapproved Budget Trading Program. for that control period to those units Alabama’s SIP revision submitted to address the 6 CSAPR also provides for a third, more good neighbor provision with respect to the 2006 streamlined form of SIP revision that is effective 8 40 CFR 52.38(a)(5), (b)(5), (b)(9); 52.39(f), (i). 24-hour PM2.5 NAAQS. See 76 FR 43128 (July 20, only for control periods in 2016 (or 2018 for CSAPR 9 2011). Accordingly, as a part of CSAPR and the NOX Ozone Season Group 2 units) and is not 40 CFR 52.38(a)(6), (b)(10)(i); 52.39(j). CSAPR Update, EPA promulgated FIPs applicable relevant here. See § 52.38(a)(3), (b)(3), (b)(7); 10 40 CFR 52.38(a)(5)(iv)–(v), (a)(6), (b)(5)(v)–(vi), to sources in Alabama addressing the good neighbor § 52.39(d), (g). (b)(9)(vi)–(vii), (b)(10)(i); 52.39(f)(4)–(5), (i)(4)–(5), provision with respect to these standards. 7 40 CFR 52.38(a)(4), (b)(4), (b)(8); 52.39(e), (h). (j).

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will continue to apply, unless EPA’s supersedes portions of the October 26, through 335–3–8–.70.20 These Alabama approval of the SIP revision provides 2015, submittal to reflect changes from CSAPR state trading programs will be 11 18 otherwise. the CSAPR Update. On August 4, integrated with the federal CSAPR NOX In the CSAPR rulemaking, among 2017, Alabama sent a letter clarifying Ozone Season Group 2 Trading Program other findings, EPA determined that air the State’s interpretation concerning the and are substantively identical to the pollution transported from Alabama allowances for the Indian country new federal trading programs except with would unlawfully affect other states’ unit set aside for Alabama. regard to the allowance allocation ability to attain or maintain the 1997 In a notice of proposed rulemaking provisions. Following approval of these 8-hour Ozone NAAQS.12 In the CSAPR (NPRM) published on August 17, 2017 portions of the SIP revision, Alabama Update rulemaking, EPA determined (82 FR 39070), EPA proposed to approve units therefore will generally be that air pollution transported from the portions of Alabama’s October 26, required to meet requirements under Alabama would unlawfully affect other 2015, and May 19, 2017, SIP submittals Alabama’s CSAPR state trading states’ ability to attain or maintain the designed to replace the federal CSAPR programs equivalent to the requirements 2008 8-hour Ozone NAAQS and the units otherwise would have been NOX Ozone Season Group 2 Trading established an ozone season NOX budget required to meet under the Program. The NPRM provides for Alabama’s EGUs representing a corresponding CSAPR federal trading additional detail regarding the partial remedy for the State’s interstate programs, but allocations to Alabama background and rationale for EPA’s transport obligations with respect to that units of CSAPR NO Ozone Season action. Comments on the NPRM were X NAAQS; 13 determined that Alabama’s Group 2 allowances for compliance due on or before September 18, 2017. previous ozone season NOX budget periods in 2019 and later years will be EPA received no adverse comments on established in the CSAPR rulemaking as determined according to the SIP’s the proposed action. a partial remedy for the State’s interstate allocation provisions at Alabama rule transport obligations with respect to the II. Incorporation by Reference 335–3–8–.46 instead of EPA’s default 1997 8-hour Ozone NAAQS now allocation provisions at 40 CFR represented a full remedy with respect In this rule, EPA is finalizing 97.811(a) and (b)(1) and 97.812(a). EPA to that NAAQS; 14 and coordinated regulatory text that includes is approving these portions of the SIP compliance requirements by allowing incorporation by reference. In revision because they meet the compliance with the new CSAPR accordance with requirements of 1 CFR requirements of the CAA and EPA’s Update budget to serve the purpose of 51.5, EPA is finalizing the incorporation regulations for approval of a CSAPR full addressing the State’s obligations with by reference of ADEM Administrative SIP revision replacing a federal trading respect to both NAAQS.15 Alabama Code rules 335–3–8–.39 through 335–3– program with a state trading program units meeting the CSAPR applicability 8–.70, state effective on June 9, 2017, that is integrated with and substantively criteria are consequently subject to comprising Alabama’s TR NOX Ozone identical to the federal trading program CSAPR FIP requirements for Season Trading Program. EPA has made, except for permissible differences with participation in the CSAPR NOX Ozone and will continue to make, these respect to emission allowance allocation Season Group 2 Trading Program in materials generally available through provisions. order to address the State’s interstate www.regulations.gov and/or at the EPA EPA promulgated the FIP provisions transport obligations with respect to Region 4 Office (please contact the requiring Alabama units to participate both the 1997 8-hour Ozone NAAQS person identified in the FOR FURTHER in the federal CSAPR NOX Ozone (full remedy) and the 2008 8-hour INFORMATION CONTACT section of this Season Group 2 Trading Program in Ozone NAAQS (partial remedy).16 preamble for more information). order to address Alabama’s obligations On October 26, 2015, Alabama Therefore, these materials have been under CAA section 110(a)(2)(D)(i)(I) submitted to EPA a SIP revision approved by EPA for inclusion in the with respect to the 1997 8-hour Ozone including provisions that, if approved, SIP, have been incorporated by NAAQS and the 2008 8-hour Ozone would incorporate into Alabama’s SIP reference by EPA into that plan, are NAAQS in the absence of SIP provisions state trading program regulations that fully federally enforceable under addressing those requirements. Under would replace the CSAPR federal sections 110 and 113 of the CAA as of the CSAPR regulations, upon EPA’s full trading program regulations with regard the effective date of the final rulemaking and unconditional approval of a SIP to Alabama units’ ozone season NOX of EPA’s approval, and will be revision as correcting the SIP’s emissions.17 On May 19, 2017, Alabama incorporated by reference by the deficiency that is the basis for a submitted to EPA a SIP revision that Director of the Federal Register in the particular CSAPR FIP, the obligation to next update to the SIP compilation.19 participate in the corresponding CSAPR 11 40 CFR 52.38(a)(7), (b)(11); 52.39(k). federal trading program is automatically 12 See 76 FR 48208, 48210, 48213 (August 8, III. Final Actions eliminated for units subject to the state’s 2011). EPA also determined in the CSAPR jurisdiction (but not for any units rulemaking that air pollution transported from EPA is approving the portions of Alabama would unlawfully affect other states’ Alabama’s October 26, 2015, and May located in any Indian country within the state’s borders).21 Approval of the ability to attain or maintain the 1997 annual PM2.5 19, 2017, SIP submittals concerning the NAAQS and the 2006 24-hour PM NAAQS. 2.5 establishment for Alabama units of portions of Alabama’s SIP submittal Alabama previously submitted, and EPA previously adopting CSAPR state trading program approved, a SIP revision that replaces the CSAPR CSAPR state trading programs for ozone rules for ozone season NOX FIPs for the annual trading programs in Alabama. season NOX emissions. The revision See 81 FR 59869 (August 31, 2016). adopts into the SIP the state trading substantively identical to the 13 CSAPR Update, 81 FR at 74507–08. program rules codified in ADEM corresponding CSAPR federal trading 14 Id. at 74525. Administrative Code rules 335–3–8–.39 15 Id. at 74563 n.169. 20 Alabama’s rules use the terms ‘‘Transport Rule’’ 16 40 CFR 52.38(b)(2)(iii); 52.54(b). and ‘‘TR’’ instead of the updated terms ‘‘Cross-State 17 As discussed above, the October 26, 2015 18 For the purposes of this rulemaking, the Air Pollution Rule’’ and ‘‘CSAPR.’’ For simplicity, submittal also contained provisions related to the October 26, 2015, and May 19, 2017, submittals EPA uses the updated terms here except where annual NOX and SO2 trading programs, which EPA together may also be referred to as the ‘‘Alabama otherwise noted. approved in a separate rulemaking. See 81 FR ozone season submittals.’’ 21 40 CFR 52.38(b)(10); see also 40 CFR 59869 (August 31, 2016). 19 62 FR 27968 (May 22, 1997). 52.54(b)(1) & (2).

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program regulations (or differing only • Does not have Federalism shall not postpone the effectiveness of with respect to the allowance allocation implications as specified in Executive such rule or action. This action may not methodology) satisfies Alabama’s Order 13132 (64 FR 43255, August 10, be challenged later in proceedings to obligation pursuant to CAA section 1999); enforce its requirements. See section 110(a)(2)(D)(i)(I) to prohibit emissions • Is not an economically significant 307(b)(2). which will significantly contribute to regulatory action based on health or List of Subjects in 40 CFR Part 52 nonattainment or interfere with safety risks subject to Executive Order maintenance of the 1997 8-hour Ozone 13045 (62 FR 19885, April 23, 1997); Environmental protection, NAAQS in any other state. This • Is not a significant regulatory action Administrative practice and procedure, approval also partially satisfies subject to Executive Order 13211 (66 FR Air pollution control, Incorporation by Alabama’s obligation pursuant to CAA 28355, May 22, 2001); reference, Intergovernmental relations, • section 110(a)(2)(D)(i)(I) to prohibit Is not subject to requirements of Nitrogen dioxide, Ozone, Reporting and emissions which will significantly section 12(d) of the National recordkeeping requirements. contribute to nonattainment or interfere Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because Dated: September 25, 2017. with maintenance of the 2008 8-hour Onis ‘‘Trey’’ Glenn, III, Ozone NAAQS in any other state. Thus, application of those requirements would Regional Administrator, Region 4. the approval corrects the same be inconsistent with the CAA; and • Does not provide EPA with the deficiencies in the SIP that otherwise 40 CFR part 52 is amended as follows: discretionary authority to address, as would be corrected by those CSAPR appropriate, disproportionate human FIPs. The approval of the portions of PART 52—APPROVAL AND health or environmental effects, using Alabama’s SIP submittal establishing PROMULGATION OF practicable and legally permissible CSAPR state trading program rules for IMPLEMENTATION PLANS methods, under Executive Order 12898 ozone season NO emissions therefore X (59 FR 7629, February 16, 1994). ■ 1. The authority citation for part 52 also results in the automatic termination The SIP is not approved to apply on continues to read as follows: of the obligations of Alabama units to any Indian reservation land or in any Authority: 42.U.S.C. 7401 et seq. participate in the federal CSAPR NOX other area where EPA or an Indian tribe Ozone Season Group 2 Trading has demonstrated that a tribe has Subpart A—General Provisions Program. jurisdiction. In those areas of Indian IV. Statutory and Executive Order country, the rule does not have tribal § 52.38 [Amended] Reviews implications as specified by Executive ■ 2. In § 52.38, paragraph (b)(13)(iv) is Order 13175 (65 FR 67249, November 9, amended by removing the word Under the CAA, the Administrator is 2000), nor will it impose substantial required to approve a SIP submission ‘‘[none]’’ at the end of the paragraph and direct costs on tribal governments or adding in its place the word ‘‘Alabama’’. that complies with the provisions of the preempt tribal law. Act and applicable Federal regulations. The Congressional Review Act, 5 Subpart B–Alabama See 42 U.S.C. 7410(k); 40 CFR 52.02(a). U.S.C. 801 et seq., as added by the Small Thus, in reviewing SIP submissions, Business Regulatory Enforcement ■ 3. In § 52.50, the table in paragraph (c) EPA’s role is to approve state choices, Fairness Act of 1996, generally provides is amended by adding the entries provided that they meet the criteria of that before a rule may take effect, the ‘‘Section 335–3–8–.39,’’ ‘‘Section 335– the CAA. This action merely approves agency promulgating the rule must 3–8–.40,’’ ‘‘Section 335–3–8–.41,’’ state law as meeting Federal submit a rule report, which includes a ‘‘Section 335–3–8–.42’’, ‘‘Section 335– requirements and does not impose copy of the rule, to each House of the 3–8–.43’’, ‘‘Section 335–3–8–.44’’, additional requirements beyond those Congress and to the Comptroller General ‘‘Section 335–3–8–.45’’, ‘‘Section 335– imposed by state law. For that reason, of the United States. EPA will submit a 3–8–.46’’, ‘‘Section 335–3–8–.47’’, this action: report containing this action and other ‘‘Section 335–3–8–.48’’, ‘‘Section 335– • Is not a significant regulatory action required information to the U.S. Senate, 3–8–.49’’, ‘‘Section 335–3–8–.50’’, subject to review by the Office of the U.S. House of Representatives, and ‘‘Section 335–3–8–.51’’, ‘‘Section 335– Management and Budget under the Comptroller General of the United 3–8–.52’’, ‘‘Section 335–3–8–.53’’, Executive Orders 12866 (58 FR 51735, States prior to publication of the rule in ‘‘Section 335–3–8–.54’’, ‘‘Section 335– October 4, 1993) and 13563 (76 FR 3821, the Federal Register. A major rule 3–8–.55’’, ‘‘Section 335–3–8–.56’’, January 21, 2011); cannot take effect until 60 days after it ‘‘Section 335–3–8–.57’’, ‘‘Section 335– • Does not impose an information is published in the Federal Register. 3–8–.58’’, ‘‘Section 335–3–8–.59’’, collection burden under the provisions This action is not a ‘‘major rule’’ as ‘‘Section 335–3–8–.60’’, ‘‘Section 335– of the Paperwork Reduction Act (44 defined by 5 U.S.C. 804(2). 3–8–.61’’, ‘‘Section 335–3–8–.62’’, U.S.C. 3501 et seq.); Under section 307(b)(1) of the CAA, ‘‘Section 335–3–8–.63’’, ‘‘Section 335– • Is certified as not having a petitions for judicial review of this 3–8–.64’’, ‘‘Section 335–3–8–.65’’, significant economic impact on a action must be filed in the United States ‘‘Section 335–3–8–.66’’, ‘‘Section 335– substantial number of small entities Court of Appeals for the appropriate 3–8–.67’’, ‘‘Section 335–3–8–.68’’, under the Regulatory Flexibility Act (5 circuit by December 5, 2017. Filing a ‘‘Section 335–3–8–.69’’, and ‘‘Section U.S.C. 601 et seq.); petition for reconsideration by the 335–3–8–.70’’ in numerical order to • Does not contain any unfunded Administrator of this final rule does not read as follows: mandate or significantly or uniquely affect the finality of this action for the affect small governments, as described purposes of judicial review nor does it § 52.50 Identification of plan. in the Unfunded Mandates Reform Act extend the time within which a petition * * * * * of 1995 (Pub. L. 104–4); for judicial review may be filed, and (c) * * *

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EPA APPROVED ALABAMA REGULATIONS

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

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Chapter No. 335–3–8 Control of Nitrogen Oxides Emissions

******* Section 335–3–8–.39 ...... TR NOX Ozone Season Group 2 6/9/2017 10/6/2017, [insert Federal Trading Program—Purpose and Register citation]. Definitions. Section 335–3–8–.40 ...... TR NOX Ozone Season Group 2 11/24/2015 10/6/2017, [insert Federal Trading Program—Applicability. Register citation]. Section 335–3–8–.41 ...... TR NOX Ozone Season Group 2 6/9/2017 10/6/2017, [insert Federal Trading Program—Retired Unit Ex- Register citation]. emption. Section 335–3–8–.42 ...... TR NOX Ozone Season Group 2 6/9/2017 10/6/2017, [insert Federal Trading Program—Standard Re- Register citation]. quirements. Section 335–3–8–.43 ...... TR NOX Ozone Season Group 2 6/9/2017 10/6/2017, [insert Federal Trading Program—Computation of Register citation]. Time. Section 335–3–8–.44 ...... Administrative Appeal Procedures .... 11/24/2015 10/6/2017, [insert Federal Register citation]. Section 335–3–8–.45 ...... NOX Ozone Season Group 2 Trading 6/9/2017 10/6/2017, [insert Federal Budgets and Variability Limits. Register citation]. Section 335–3–8–.46 ...... TR NOX Ozone Season Group 2 Al- 6/9/2017 10/6/2017, [insert Federal lowance Allocations. Register citation]. Section 335–3–8–.47 ...... Reserved ...... 11/24/2015 10/6/2017, [insert Federal Register citation]. Section 335–3–8–.48...... Authorization of Designated Rep- 6/9/2017 10/6/2017, [insert Federal resentative and Alternate Des- Register citation]. ignated Representative. Section 335–3–8–.49 ...... Responsibilities of Designated Rep- 6/9/2017 10/6/2017, [insert Federal resentative and Alternate Des- Register citation]. ignated Representative. Section 335–3–8–.50 ...... Changing Designated Representative 6/9/2017 10/6/2017, [insert Federal and Alternate Designated Rep- Register citation]. resentative; Changes in Owners and Operators; Changes in Units at the Source. Section 335–3–8–.51 ...... Certificate of Representation ...... 6/9/2017 10/6/2017, [insert Federal Register citation]. Section 335–3–8–.52...... Objections Concerning Designated 6/9/2017 10/6/2017, [insert Federal Representative and Alternate Des- Register citation]. ignated Representative. Section 335–3–8–.53...... Delegation by Designated Rep- 6/9/2017 10/6/2017, [insert Federal resentative and Alternate Des- Register citation]. ignated Representative. Section 335–3–8–.54 ...... Reserved ...... 11/24/2015 10/6/2017, [insert Federal Register citation]. Section 335–3–8–.55...... Establishment of Compliance Ac- 6/9/2017 10/6/2017, [insert Federal counts, Assurance Accounts, and Register citation]. General Accounts. Section 335–3–8–.56 ...... Recordation of TR NOX Ozone Sea- 6/9/2017 10/6/2017, [insert Federal son Group 2 Allowance Allocations Register citation]. and Auction Results. Section 335–3–8–.57 ...... Submission of TR NOX Ozone Sea- 6/9/2017 10/6/2017, [insert Federal son Group 2 Allowance Transfers. Register citation]. Section 335–3–8–.58 ...... Recordation of TR NOX Ozone Sea- 6/9/2017 10/6/2017, [insert Federal son Group 2 Allowance Transfers. Register citation]. Section 335–3–8–.59...... Compliance with TR NOX Ozone 6/9/2017 10/6/2017, [insert Federal Season Group 2 Emissions Limita- Register citation]. tion. Section 335–3–8–.60...... Compliance with TR NOX Ozone 6/9/2017 10/6/2017, [insert Federal Season Group 2 Assurance Provi- Register citation]. sions. Section 335–3–8–.61 ...... Banking ...... 6/9/2017 10/6/2017, [insert Federal Register citation]. Section 335–3–8–.62 ...... TR NOX Ozone Season Group 2 6/9/2017 10/6/2017, [insert Federal Trading Program—Account Error. Register citation].

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EPA APPROVED ALABAMA REGULATIONS—Continued

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

Section 335–3–8–.63 ...... TR NOX Ozone Season Group 2 6/9/2017 10/6/2017, [insert Federal Trading Program—Administrator’s Register citation]. Action on Submissions. Section 335–3–8–.64 ...... Reserved ...... 11/24/2015 10/6/2017, [insert Federal Register citation]. Section 335–3–8–.65 ...... General Monitoring, Recordkeeping, 6/9/2017 10/6/2017, [insert Federal and Reporting Requirements. Register citation]. Section 335–3–8–.66 ...... Initial Monitoring System Certification 6/9/2017 10/6/2017, [insert Federal and Recertification Procedures. Register citation]. Section 335–3–8–.67...... Monitoring System Out-of-Control 6/9/2017 10/6/2017, [insert Federal Periods. Register citation]. Section 335–3–8–.68 ...... Notifications Concerning Monitoring 6/9/2017 10/6/2017, [insert Federal Register citation]. Section 335–3–8–.69 ...... Recordkeeping and Reporting ...... 6/9/2017 10/6/2017, [insert Federal Register citation]. Section 335–3–8–.70...... Petitions for Alternatives to Moni- 6/9/2017 10/6/2017, [insert Federal toring, Recordkeeping, or Report- Register citation]. ing Requirements.

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* * * * * will publish a timely withdrawal of the and ‘‘our’’ refer to EPA. This section [FR Doc. 2017–21523 Filed 10–5–17; 8:45 am] direct final rule in the Federal Register provides additional information by BILLING CODE 6560–50–P informing the public that the rule will addressing the following: not take effect. I. What is being addressed in this document? ADDRESSES: Submit your comments, II. Have the requirements for approval of a ENVIRONMENTAL PROTECTION identified by Docket ID No. EPA–R07– SIP revision been met? AGENCY OAR–2015–0356, to https:// III. What action is EPA taking? www.regulations.gov. Follow the online IV. Statutory and Executive Order Reviews. 40 CFR Part 52 instructions for submitting comments. I. What is being addressed in this [EPA–R07–OAR–2015–0356; FRL–9968–82– Once submitted, comments cannot be document? Region 7] edited or removed from Regulations.gov. EPA is approving the infrastructure EPA may publish any comment received SIP submission from the State of Approval of Missouri Air Quality to its public docket. Do not submit Missouri received on July 08, 2013, as Implementation Plans; Infrastructure electronically any information you meeting the submittal requirements of SIP Requirements for the 2008 Ozone consider to be Confidential Business 110(a)(1). EPA is approving the National Ambient Air Quality Standard Information (CBI) or other information following elements of section 110(a)(2): whose disclosure is restricted by statute. AGENCY: Environmental Protection (A), (B), (C), (D)(i)(II)—prevent Multimedia submissions (audio, video, Agency (EPA). significant deterioration of air quality etc.) must be accompanied by a written ACTION: Direct final rule. (prong 3), (D)(ii), (E) through (H), and (J) comment. The written comment is through (M). EPA is not acting on the SUMMARY: considered the official comment and The Environmental Protection elements of section 110(a)(2)(D)(i)(I)— should include discussion of all points Agency (EPA) is approving elements of significant contribution to you wish to make. EPA will generally a State Implementation Plan (SIP) nonattainment (prong 1), interfering not consider comments or comment revision from the State of Missouri for with maintenance of the NAAQs (prong contents located outside of the primary the 2008 Ozone National Ambient Air 2) because those elements were not submission (i.e. on the web, cloud, or Quality Standard (NAAQS). Section 110 addressed in the SIP revision submittal. other file sharing system). For of the CAA requires that each state EPA is not acting on section 110(a)(2)(I). additional submission methods, the full adopt and submit a SIP for the EPA will act on 110(a)(2)(D)(i)(II)— EPA public comment policy, implementation, maintenance, and protection of visibility (prong 4) in a information about CBI or multimedia enforcement of each new or revised separate action. NAAQS promulgated by EPA. These submissions, and general guidance on A Technical Support Document (TSD) SIPs are commonly referred to as making effective comments, please visit is included as part of the docket to ‘‘infrastructure’’ SIPs. The infrastructure https://www2.epa.gov/dockets/ discuss the details of this action, requirements are designed to ensure that commenting-epa-dockets. including analysis of how the SIP meets the structural components of each FOR FURTHER INFORMATION CONTACT: the applicable 110 requirements for state’s air quality management program Tracey Casburn, Environmental infrastructure SIPs. are adequate to meet the state’s Protection Agency, Air Planning and responsibilities under the CAA. Development Branch, 11201 Renner II. Have the requirements for approval DATES: This direct final rule will be Boulevard, Lenexa, Kansas 66219 at of a SIP revision been met? effective December 5, 2017, without (913) 551–7016, or by email at The state’s submission has met the further notice, unless EPA receives [email protected]. public notice requirements for the adverse comment by November 6, 2017. SUPPLEMENTARY INFORMATION: Ozone infrastructure SIP submission in If EPA receives adverse comment, we Throughout this document ‘‘we,’’ ‘‘us,’’ accordance with 40 CFR 51.102. The

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state held a public comment period emissions allocation allowances for Executive Orders 12866 (58 FR 51735, from The MDNR held a public hearing 2017 and later years as an abbreviated October 4, 1993) and 13563 (76 FR 3821, and comment period from April 30, SIP revision.4 January 21, 2011); 2013 to June 06, 2013. EPA provided EPA is not taking action on section • Does not impose an information comments on May 23, 2013 and were 110(a)(2)(I). Section 110(a)(2)(I) requires collection burden under the provisions the only commenters. A public hearing that in the case of a plan or plan of the Paperwork Reduction Act (44 was held on May 30, 2013. The revision for areas designated as U.S.C. 3501 et seq.); submission satisfied the completeness nonattainment areas, states must meet • Is certified as not having a criteria of 40 CFR part 51, appendix V applicable requirements of part D of the significant economic impact on a for all elements except CAA, relating to SIP requirements for substantial number of small entities 110(a)(2)(D)(i)(I)—prongs 1 and 2. EPA designated nonattainment areas. EPA under the Regulatory Flexibility Act (5 published a document in the Federal does not expect infrastructure SIP U.S.C. 601 et seq.); Register, ‘‘Findings of Failure to Submit submissions to address element (I). The • Does not contain any unfunded a Section 110 State Implementation specific SIP submissions for designated mandate or significantly or uniquely Plan for Interstate Transport for the nonattainment areas, as required under affect small governments, as described 2008 National Ambient Air Quality CAA title I, part D, are subject to in the Unfunded Mandates Reform Act Standards for Ozone’’.1 Missouri was different submission schedules than included in this finding because it had those for section 110 infrastructure of 1995 (Public Law 104–4); • not made a complete ‘‘good neighbor’’ elements. EPA will take action on part Does not have Federalism SIP submittal to meet the section D attainment plan SIP submissions implications as specified in Executive 110(a)(2)(D)(i)(I)—prongs 1 and 2 through a separate rulemaking governed Order 13132 (64 FR 43255, August 10, elements. As explained in more detail in by the requirements for nonattainment 1999); the TSD, which is part of this docket, areas, as described in part D. • Is not an economically significant the revision meets the substantive SIP We are publishing this direct final regulatory action based on health or requirements of the CAA, including rule without a prior proposed rule safety risks subject to Executive Order section 110 and implementing because we view this as a 13045 (62 FR 19885, April 23, 1997); regulations. noncontroversial action and anticipate • Is not a significant regulatory action no adverse comment. However, in the III. What action is EPA taking? subject to Executive Order 13211 (66 FR ‘‘Proposed Rules’’ section of this 28355, May 22, 2001); EPA is taking direct final action to Federal Register, we are publishing a • Is not subject to requirements of approve elements of the July 08, 2013, separate document that will serve as the Section 12(d) of the National infrastructure SIP submission from the proposed rule to approve the SIP Technology Transfer and Advancement State of Missouri, which addresses the revision if adverse comments are Act of 1995 (15 U.S.C. 272 note) because requirements of CAA sections 110(a)(1) received on this direct final rule. We application of those requirements would and (2) as applicable to the 2008 Ozone will not institute a second comment be inconsistent with the CAA; and NAAQS. As stated above, EPA is period on this action. Any parties • Does not provide EPA with the approving the revision as meeting the interested in commenting must do so at discretionary authority to address, as submittal requirement of section this time. For further information about appropriate, disproportionate human 110(a)(1) and approving the following commenting on this rule, see the health or environmental effects, using elements of section 110(a)(2): (A), (B), ADDRESSES section of this document. If practicable and legally permissible (C), (D)(i)(II)—prong 3, (D)(ii), (E) EPA receives adverse comment, we will methods, under Executive Order 12898 through (H), and (J) through (M). EPA publish a timely withdrawal in the (59 FR 7629, February 16, 1994). will act on (D)(i)(II)—prong 4 in a Federal Register informing the public separate action. that this direct final rule will not take The SIP is not approved to apply on EPA is taking no further action with effect. We will address all public any Indian reservation land or in any respect to elements of section comments in any subsequent final rule other area where EPA or an Indian tribe 110(a)(2)(D)(i)(I)—prongs 1 and 2— based on the proposed rule. has demonstrated that a tribe has because the Cross State Air Pollution jurisdiction. In those areas of Indian Rule (CSAPR) Federal Implementation IV. Statutory and Executive Order country, the rule does not have tribal Plans (FIPs) that require subject units in Reviews implications and will not impose Missouri to participate in the Federal Under the CAA, the Administrator is substantial direct costs on tribal governments or preempt tribal law as CSAPR NOX Annual Trading Program required to approve a SIP submission specified by Executive Order 13175 (65 and the Federal CSAPR SO2 Group 1 that complies with the provisions of the Trading Program continue to apply and Act and applicable Federal regulations. FR 67249, November 9, 2000). addresses emissions from subject units 42 U.S.C. 7410(k); 40 CFR 52.02(a). List of Subjects in 40 CFR Part 52 that may be contributing to Thus, in reviewing SIP submissions, nonattainment (prong 1) or interfering EPA’s role is to approve state choices, Environmental protection, Air with maintenance (prong 2) of the provided that they meet the criteria of pollution control, Incorporation by NAAQS in another state.23 the CAA. Accordingly, this action reference, Intergovernmental relations, Additionally, on June 28, 2016, EPA merely approves state law as meeting Nitrogen dioxide, Ozone, Reporting and took direct final action to approve Federal requirements and does not recordkeeping requirements, Volatile Missouri’s adoption of state regulations impose additional requirements beyond organic compounds. that established state-determined those imposed by state law. For that Dated: September 21, 2017. allocations replacing EPA’s CSAPR reason, this action: Cathy Stepp, • Is not a significant regulatory action default annual NOX and annual SO2 Acting Regional Administrator, Region 7. subject to review by the Office of 1 See 80 FR 39961 (August 12, 2015). Management and Budget under For the reasons stated in the 2 See 76 FR 48208 (August 8, 2011). preamble, EPA is amending 40 CFR part 3 See 81 FR 74504 (December 27, 2016). 4 See 81 FR 41838 (August 12, 2016). 52 as set forth below:

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PART 52—APPROVAL AND Authority: 42 U.S.C. 7401 et seq. § 52.1320 Identification of plan. PROMULGATION OF * * * * * Subpart AA—Missouri IMPLEMENTATION PLANS (e)* * * ■ 2. Amend § 52.1320(e) by adding ■ 1. The authority citation for part 52 entry (63) in numerical order to read as continues to read as follows: follows:

EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS

Applicable Name of non- geographic or State submittal regulatory SIP revision nonattainment date EPA approval date Explanation area

******* (63) Sections 110 (a)(1) Statewide ...... 7/8/13 10/6/17, [Insert Federal This action approves the following CAA elements: and 110(a)(2) Infra- Register citation]. 110(a)(1) and 110(a)(2)(A), (B), (C), (D)(i)(II)— structure Requirements prong 3, (D)(ii), (E), (F), (G), (H), (J), (K), (L), for the 2008 Ozone and (M). 110(a)(2)(D)(i)(I)—prongs 1 and 2 are NAAQS. addressed by a Federal Implementation Plan. 110(a)(2)(I) is not applicable. [EPA–R07–OAR– 2015–0356; FRL–9968–82–Region 7.]

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[FR Doc. 2017–21528 Filed 10–5–17; 8:45 am] Certain other material, such as and August 23, 2015 certifications,1 BILLING CODE 6560–50–P copyrighted material, is not placed on respectively. In this rulemaking, we are the Internet and will be publicly taking final action to approve those available only in hard copy form. infrastructure elements from the State’s ENVIRONMENTAL PROTECTION Publicly available docket materials are certifications for which we proposed AGENCY available either electronically through approval. http://www.regulations.gov or in hard 40 CFR Part 52 copy at the Air Program, Environmental II. Response to Comments [EPA–R08–OAR–2013–0558, FRL–9969–00– Protection Agency (EPA), Region 8, No comments were received on our Region 8] 1595 Wynkoop Street, Denver, Colorado June 29, 2017 notice of proposed 80202–1129. The EPA requests that if at rulemaking. Promulgation of State Implementation all possible, you contact the individual III. Final Action Plan Revisions; Infrastructure listed in the FOR FURTHER INFORMATION Requirements for the 2010 SO2 and CONTACT section to view the hard copy For reasons expressed in the proposed 2012 PM2.5 National Ambient Air of the docket. You may view the hard rule, the EPA is taking final action to Quality Standards; North Dakota copy of the docket Monday through approve infrastructure elements from Friday, 8:00 a.m. to 4:00 p.m., excluding the State’s certifications as shown in AGENCY: Environmental Protection federal holidays. Table 1. Elements we are taking no Agency (EPA). FOR FURTHER INFORMATION CONTACT: Kate action on are reflected in Table 2. ACTION: Final rule. Gregory, Air Program, U.S. TABLE 1—LIST OF NORTH DAKOTA IN- SUMMARY: The Environmental Protection Environmental Protection Agency Agency (EPA) is approving elements of (EPA), Region 8, Mail Code 8P–AR, FRASTRUCTURE ELEMENTS AND RE- State Implementation Plan (SIP) 1595 Wynkoop Street, Denver, Colorado VISIONS THE EPA IS APPROVING revisions from the State of North Dakota 80202–1129, (303) 312–6175, Approval to demonstrate the State meets [email protected]. infrastructure requirements of the Clean SUPPLEMENTARY INFORMATION: March 7, 2013 submittal—2010 SO2 NAAQS: Air Act (CAA) for the National Ambient I. Background (A), (B), (C), (D)(i)(II) prongs 3 and 4, Air Quality Standards (NAAQS) Infrastructure requirements for SIPs (D)(ii), (E), (F), (G), (H), (J), (K), (L) and promulgated for sulfur dioxide (SO ) on (M). 2 are set forth in section 110(a)(1) and (2) June 2, 2010, and fine particulate matter August 23, 2015 submittal—2012 PM2.5 of the CAA. Section 110(a)(2) lists the (PM2.5) on December 14, 2012. NAAQS: (A), (B), (C), (D)(i)(II) prongs 3 specific infrastructure elements that a and 4, (D)(ii), (E), (F), (G), (H), (J), (K), (L) DATES : This rule is effective on SIP must contain or satisfy. The and (M). November 6, 2017. elements that are the subject of this ADDRESSES: The EPA has established a action are described in detail in our docket for this action under Docket ID notice of proposed rulemaking 1 ‘‘Where an air agency determines that the provisions in or referred to by its existing EPA No. EPA–R08–OAR–2013–0558. All published on June 6, 2017 (82 FR approved SIP are adequate with respect to a given documents in the docket are listed on 25999). infrastructure SIP element (or sub element) even in the http://www.regulations.gov Web In our proposed rule, the EPA light of the promulgation of a new or revised site. Although listed in the index, some proposed to approve some infrastructure NAAQS, the air agency may make a SIP submission in the form of a certification.’’ EPA’s ‘‘Guidance on information is not publicly available, elements and to take no action on others Infrastructure State Implementation Plan (SIP) e.g., CBI or other information whose for the 2010 SO2 and 2012 PM2.5 Elements under Clean Air Act Sections 110(a)(1) disclosure is restricted by statute. NAAQS from the State’s March 7, 2013 and (2),’’ September 13, 2013, at 7.

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TABLE 2—LIST OF NORTH DAKOTA IN- • Does not provide the EPA with the Dated: September 18, 2017. FRASTRUCTURE ELEMENTS AND RE- discretionary authority to address, as Suzanne J. Bohan, VISIONS THAT THE EPA IS TAKING appropriate, disproportionate human Acting Regional Administrator, Region 8. health or environmental effects, using NO ACTION ON 40 CFR part 52 is amended to read as practicable and legally permissible follows: No action methods, under Executive Order 12898 (revision to be made in separate rulemaking (59 FR 7629, February 16, 1994). PART 52—APPROVAL AND action) In addition, the SIP is not approved PROMULGATION OF to apply on any Indian reservation land IMPLEMENTATION PLANS March 7, 2013 submittal—2010 SO2 NAAQS: or in any other area where the EPA or (D)(i)(I) prongs 1 and 2. an Indian tribe has demonstrated that a ■ 1. The authority citation for Part 52 August 23, 2015 submittal—2012 PM2.5 NAAQS: (D)(i)(I) prongs 1 and 2. tribe has jurisdiction. In those areas of continues to read as follows: Indian country, the rule does not have Authority: 42 U.S.C. 7401 et seq. IV. Statutory and Executive Orders tribal implications and will not impose Review substantial direct costs on tribal Subpart JJ—North Dakota governments or preempt tribal law as Under the Clean Air Act, the specified by Executive Order 13175 (65 ■ 2. Section 52.1833 is amended by Administrator is required to approve a FR 67249, November 9, 2000). adding paragraph (f) to read as follows: SIP submission that complies with the The Congressional Review Act, 5 provisions of the Act and applicable § 52.1833 Section 110(a)(2) infrastructure U.S.C. 801 et seq., as added by the Small requirements. federal regulations. 42 U.S.C. 7410(k); Business Regulatory Enforcement 40 CFR 52.02(a). Thus, in reviewing SIP Fairness Act of 1996, generally provides * * * * * submissions, the EPA’s role is to that before a rule may take effect, the (f) The North Dakota Department of approve state choices, provided that agency promulgating the rule must Health provided submissions to meet they meet the criteria of the Clean Air submit a rule report, which includes a infrastructure requirements for the State Act. Accordingly, this action merely copy of the rule, to each House of the of North Dakota for the 2010 SO2 and approves state law as meeting federal Congress and to the Comptroller General 2012 PM2.5 NAAQS on March 7, 2013 requirements and does not impose of the United States. The EPA will and August 23, 2015, respectively. The additional requirements beyond those submit a report containing this action State’s Infrastructure SIP for the 2010 imposed by state law. For that reason, and other required information to the SO2 and 2012 PM2.5 NAAQS is this action: approved with respect to section • U.S. Senate, the U.S. House of Is not a significant regulatory action Representatives, and the Comptroller (110)(a)(1) and the following elements of subject to review by the Office of General of the United States prior to section (110)(a)(2): (A), (B), (C) with Management and Budget under publication of the rule in the Federal respect to minor NSR and PSD Executive Orders 12866 (58 FR 51735, Register. A major rule cannot take effect requirements, (D)(i)(II), (D)(ii), (E), (F), October 4, 1993) and 13563 (76 FR 3821, until 60 days after it is published in the (G), (H), (J), (K), (L), and (M). January 21, 2011); Federal Register. This action is not a [FR Doc. 2017–21520 Filed 10–5–17; 8:45 am] • Does not impose an information ‘‘major rule’’ as defined by 5 U.S.C. BILLING CODE 6560–50–P collection burden under the provisions 804(2). of the Paperwork Reduction Act (44 Under Section 307(b)(1) of the Clean U.S.C. 3501 et seq.); Air Act, petitions for judicial review of ENVIRONMENTAL PROTECTION • Is certified as not having a this action must be filed in the United AGENCY significant economic impact on a States Court of Appeals for the substantial number of small entities 40 CFR Part 52 appropriate circuit by December 5, under the Regulatory Flexibility Act (5 2017. Filing a petition for [EPA–R04–OAR–2017–0105; FRL–9968–92– U.S.C. 601 et seq.); Region 4] • Does not contain any unfunded reconsideration by the Administrator of mandate or significantly or uniquely this final rule does not affect the finality of this action for the purposes of judicial Air Plan Approval; Florida; Permitting affect small governments, as described Revisions in the Unfunded Mandates Reform Act review nor does it extend the time of 1995 (Pub. L. 104–4); within which a petition for judicial AGENCY: Environmental Protection • Does not have federalism review may be filed, and shall not Agency (EPA). postpone the effectiveness of such rule implications as specified in Executive ACTION: Final rule. Order 13132 (64 FR 43255, August 10, or action. This action may not be 1999); challenged later in proceedings to SUMMARY: The Environmental Protection • Is not an economically significant enforce its requirements. (See CAA Agency (EPA) is finalizing approval of regulatory action based on health or Section 307(b)(2)). portions of five State Implementation safety risks subject to Executive Order List of Subjects in 40 CFR Part 52 Plan (SIP) revisions submitted by the 13045 (62 FR 19885, April 23, 1997); State of Florida, Department of • Is not a significant regulatory action Environmental protection, Air Environmental Protection (FDEP), subject to Executive Order 13211 (66 FR pollution control, Carbon monoxide, through the Florida Division of Air 28355, May 22, 2001); Incorporation by reference, Resource Management, on June 23, • Is not subject to requirements of Intergovernmental relations, 1999, July 1, 2011, December 12, 2011, section 12(d) of the National Greenhouse gases, Lead, Nitrogen February 27, 2013, and February 1, Technology Transfer and Advancement dioxide, Ozone, Particulate matter, 2017. Florida’s SIP revisions recodify, Act of 1995 (15 U.S.C. 272 note) because Reporting and recordkeeping clarify, and reorganize the State’s non- application of those requirements would requirements, Sulfur oxides, Volatile title V air permitting and compliance be inconsistent with the Clean Air Act; organic compounds. assurance program regulations and Authority: 42 U.S.C. 7401 et seq. consistent with flexibility provided

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under the Clean Air Act (CAA or Act) Industry Classification System,’’ or ‘‘Reasonably Available Control and EPA’s rules which address new ‘‘NAICS,’’ to the Florida SIP. On Technology (RACT)—Volatile Organic source preconstruction permitting. EPA February 1, 2017, FDEP submitted a SIP Compounds (VOC) and Nitrogen Oxides is finalizing approval of Florida’s SIP revision to address requirements for (NOX) Emitting Facilities,’’ state revisions on the basis that they are emissions monitoring at stationary effective 3/11/10; 62–296.508 consistent with the CAA and EPA’s sources. The 1999 SIP submission ‘‘Petroleum Liquid Storage,’’ state requirements for permitting air emission includes amendments to 16 rule effective 10/6/08; 62–297.310 ‘‘General sources. sections in the Florida Administrative Emissions Test Requirements,’’ state DATES: This rule will be effective Code (F.A.C.) that were adopted by the effective 3/9/15; and 62–297.450 ‘‘EPA November 6, 2017. State between 1997 and 1999 to clarify VOC Capture Efficiency Test ADDRESSES: EPA has established a and streamline FDEP’s permitting Procedures,’’ state effective 3/2/99. EPA docket for this action under Docket process. The 2011 SIP submission has made, and will continue to make, Identification No. EPA–R04–OAR– includes clarifying and corrective these materials generally available 2017–0105. All documents in the docket amendments to 11 F.A.C. rule sections through www.regulations.gov and/or at are listed on the www.regulations.gov affecting FDEP’s permitting regulations the EPA Region 4 Office (please contact Web site. Although listed in the index, that were adopted by the State between the person identified in the ‘‘For Further some information is not publicly 1997 and 2010. In its 2013 SIP Information Contact’’ section of this available, i.e., Confidential Business submission, FDEP updates the 1999 and preamble for more information). Information or other information whose 2011 SIP submissions by either Therefore, these materials have been disclosure is restricted by statute. resubmitting or withdrawing 12 of the approved by EPA for inclusion in the Certain other material, such as 16 F.A.C. rule sections originally State implementation plan, have been copyrighted material, is not placed on included in those submittals, and incorporated by reference by EPA into the Internet and will be publicly providing updated versions of the that plan, are fully federally enforceable available only in hard copy form. remaining four rule sections for under sections 110 and 113 of the CAA Publicly available docket materials are incorporation into the Florida SIP. as of the effective date of the final In a proposed rulemaking published available either electronically through rulemaking of EPA’s approval, and will on August 10, 2017 (82 FR 37379), EPA www.regulations.gov or in hard copy at be incorporated by reference by the proposed to approve specified portions the Air Regulatory Management Section, Director of the Federal Register in the of the five Florida SIP revisions on June Air Planning and Implementation next update to the SIP compilation.1 23, 1999, July 1, 2011, December 12, Branch, Air, Pesticides and Toxics 2011, February 27, 2013, and February III. Final Action Management Division, U.S. 1, 2017. The details of Florida’s Environmental Protection Agency, EPA is finalizing approval of portions submissions and the rationale for EPA’s of the five Florida SIP revisions Region 4, 61 Forsyth Street SW., actions are explained in the proposed Atlanta, Georgia 30303–8960. EPA submitted to EPA on June 23, 1999, July rulemaking. Comments on the proposed 1, 2011, December 12, 2011, February requests that if at all possible, you rulemaking were due on or before contact the person listed in the FOR 27, 2013, and February 1, 2017, on the September 11, 2017. EPA received no basis that they are consistent with the FURTHER INFORMATION CONTACT section to adverse comments on the proposed schedule your inspection. The Regional CAA and EPA’s requirements for action. Accordingly, in this action, EPA permitting air emission sources. Office’s official hours of business are is finalizing action regarding the Monday through Friday 8:30 a.m. to relevant regulations (or portions thereof) IV. Statutory and Executive Order 4:30 p.m., excluding Federal holidays. from these five SIP submissions. Reviews FOR FURTHER INFORMATION CONTACT: Michele Notarianni, Air Regulatory II. Incorporation by Reference Under the CAA, the Administrator is Management Section, Air Planning and In this rule, EPA is finalizing required to approve a SIP submission Implementation Branch, Air, Pesticides regulatory text that includes that complies with the provisions of the and Toxics Management Division, U.S. incorporation by reference. In Act and applicable federal regulations. Environmental Protection Agency, accordance with requirements of 1 CFR See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Region 4, 61 Forsyth Street SW., 51.5, EPA is finalizing the incorporation Thus, in reviewing SIP submissions, Atlanta, Georgia 30303–8960. Ms. by reference of Florida Chapters 62– EPA’s role is to approve state choices, Notarianni can be reached by phone at 210.200 ‘‘Definitions,’’ which was state provided that they meet the criteria of (404) 562–9031 and via electronic mail effective 3/28/12; 62–210.310 ‘‘Air the Act. This action merely approves at [email protected]. General Permits,’’ state effective 6/29/ state law as meeting federal requirements and does not impose SUPPLEMENTARY INFORMATION: 11; 62–210.350 ‘‘Public Notice and Comment,’’ state effective 10/12/08; 62– additional requirements beyond those I. Background 296.100 ‘‘Purpose and Scope,’’ state imposed by state law. For that reason, FDEP submitted to EPA for adoption effective 10/6/08; 62–296.405 ‘‘Fossil these actions: into the Florida SIP five revisions, three Fuel Steam Generators with More Than • Are not a significant regulatory of which were submitted on June 23, 250 Million Btu Per Hour Heat Input,’’ action subject to review by the Office of 1999, July 1, 2011, and February 27, state effective 3/2/99; 62–296.406 Management and Budget under 2013, as part of the State’s efforts to ‘‘Fossil Fuel Steam Generators with Less Executive Orders 12866 (58 FR 51735, clarify and streamline Florida’s non-title Than 250 Million Btu Per Hour Heat October 4, 1993) and 13563 (76 FR 3821, V air permitting and compliance Input, New and Existing Emissions January 21, 2011); assurance program and to address EPA’s Units,’’ state effective 3/2/99; 62– • do not impose an information minor source preconstruction 296.412 ‘‘Dry Cleaning Facilities,’’ state collection burden under the provisions requirements under 40 CFR 51.160– effective 3/11/10; 62–296.414 ‘‘Concrete of the Paperwork Reduction Act (44 51.164. In addition, on December 12, Batching Plants,’’ state effective 1/10/07; U.S.C. 3501 et seq.); 2011, FDEP submitted a SIP revision to 62–296.418 ‘‘Bulk Gasoline Plants,’’ add a definition of ‘‘North American state effective 3/11/10; 62–296.500 1 62 FR 27968 (May 22, 1997).

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• are certified as not having a The Congressional Review Act, 5 requirements, Sulfur dioxide, Volatile significant economic impact on a U.S.C. 801 et seq., as added by the Small organic compounds. substantial number of small entities Business Regulatory Enforcement Dated: September 22, 2017. under the Regulatory Flexibility Act (5 Fairness Act of 1996, generally provides Onis ‘‘Trey’’ Glenn, III, U.S.C. 601 et seq.); that before a rule may take effect, the Regional Administrator, Region 4. • do not contain any unfunded agency promulgating the rule must mandate or significantly or uniquely submit a rule report, which includes a 40 CFR part 52 is amended as follows: affect small governments, as described copy of the rule, to each House of the in the Unfunded Mandates Reform Act Congress and to the Comptroller General PART 52—APPROVAL AND of 1995 (Pub. L. 104–4); PROMULGATION OF • of the United States. EPA will submit a do not have Federalism report containing this action and other IMPLEMENTATION PLANS implications as specified in Executive required information to the U.S. Senate, Order 13132 (64 FR 43255, August 10, ■ the U.S. House of Representatives, and 1. The authority citation for part 52 1999); continues to read as follows: • are not an economically significant the Comptroller General of the United Authority: 42 U.S.C. 7401 et seq. regulatory action based on health or States prior to publication of the rule in the Federal Register. A major rule safety risks subject to Executive Order Subpart K—Florida 13045 (62 FR 19885, April 23, 1997); cannot take effect until 60 days after it • is published in the Federal Register. are not a significant regulatory ■ 2. Section 52.520(c) is amended: action subject to Executive Order 13211 This action is not a ‘‘major rule’’ as ■ defined by 5 U.S.C. 804(2). a. Under the heading ‘‘Chapter 62–210 (66 FR 28355, May 22, 2001); Stationary Sources—General • are not subject to requirements of Under section 307(b)(1) of the CAA, Requirements’’ by revising the entries Section 12(d) of the National petitions for judicial review of this for ‘‘62–210.200’’, ‘‘62–210.310’’ and Technology Transfer and Advancement action must be filed in the United States ‘‘62–210.350’’; Act of 1995 (15 U.S.C. 272 note) because Court of Appeals for the appropriate ■ application of those requirements would b. Under the heading ‘‘Chapter 62–210 circuit by December 5, 2017. Filing a Stationary Sources—General be inconsistent with the CAA and petition for reconsideration by the • do not provide EPA with the Requirements’’ by removing the entry Administrator of this final rule does not for ‘‘62–210.920’’; discretionary authority to address, as affect the finality of this action for the appropriate, disproportionate human ■ c. Under the heading ‘‘Chapter 62–296 purposes of judicial review nor does it health or environmental effects, using Stationary Sources—Emission extend the time within which a petition practicable and legally permissible Standards’’ by revising the entries for for judicial review may be filed, and methods, under Executive Order 12898 ‘‘62–296.100’’, ‘‘62–296.405’’, ‘‘62– shall not postpone the effectiveness of (59 FR 7629, February 16, 1994). 296.406’’, ‘‘62–296.412’’, ‘‘62–296.414’’, The SIP is not approved to apply on such rule or action. This action may not ‘‘62–296.418’’, ‘‘62–296.500’’ and ‘‘62– any Indian reservation land or in any be challenged later in proceedings to 296.508’’, and other area where EPA or an Indian tribe enforce its requirements. (See section ■ d. Under the heading ‘‘Chapter 62– has demonstrated that a tribe has 307(b)(2)). 297 Stationary Sources—Emissions jurisdiction. In those areas of Indian List of Subjects in 40 CFR Part 52 Monitoring’’ by revising the entries for country, the rule does not have tribal ‘‘62–297.310’’ and ‘‘62–297.450’’. implications as specified by Executive Environmental protection, Air The revisions read as follows: Order 13175 (65 FR 67249, November 9, pollution control, Incorporation by 2000), nor will it impose substantial reference, Intergovernmental relations, § 52.520 Identification of plan. direct costs on tribal governments or Nitrogen oxides, Particulate matter, * * * * * preempt tribal law. Reporting and recordkeeping (c) * * *

EPA-APPROVED FLORIDA REGULATIONS

State EPA State citation Title/subject effective approval Explanation (section) date date

*******

Chapter 62–210 Stationary Sources—General Requirements

62–210.200 ...... Definitions ...... 3/28/12 10/6/17, [Insert Federal Register Selected definitions are approved citation]. into the SIP.

******* 62–210.310 ...... Air General Permits ...... 6/29/11 10/6/17, [Insert Federal Register citation]. 62–210.350 ...... Public Notice and Comment ...... 10/12/08 10/6/17, [Insert Federal Register Excludes revisions state effective citation]. February 11, 1999, which added 62–210.350(1)(c) and 62–210.350(4)(a)2, and re- vised 62–210.350(4)(b).

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EPA-APPROVED FLORIDA REGULATIONS—Continued

State EPA State citation Title/subject effective approval Explanation (section) date date

*******

Chapter 62–296 Stationary Sources—Emission Standards

62–296.100 ...... Purpose and Scope ...... 10/6/08 10/6/17, [Insert Federal Register citation].

******* 62–296.405 ...... Fossil Fuel Steam Generators 3/2/99 10/6/17, [Insert Federal Register with More Than 250 Million Btu citation]. Per Hour Heat Input. 62–296.406 ...... Fossil Fuel Steam Generators 3/2/99 10/6/17, [Insert Federal Register with Less Than 250 Million Btu citation]. Per Hour Heat Input, New and Existing Emissions Units.

******* 62–296.412 ...... Dry Cleaning Facilities ...... 3/11/10 10/6/17, [Insert Federal Register citation]. 62–296.414 ...... Concrete Batching Plants ...... 1/10/07 10/6/17, [Insert Federal Register citation].

******* 62–296.418 ...... Bulk Gasoline Plants ...... 3/11/10 10/6/17, [Insert Federal Register citation].

******* 62–296.500 ...... Reasonably Available Control 3/11/10 10/6/17, [Insert Federal Register Technology (RACT)—Volatile citation]. Organic Compounds (VOC) and Nitrogen Oxides (NOX) Emitting Facilities.

******* 62–296.508 ...... Petroleum Liquid Storage ...... 10/6/08 10/6/17, [Insert Federal Register Amendments effective 10/6/08 citation].

*******

Chapter 62–297 Stationary Sources—Emissions Monitoring

62–297.310 ...... General Emissions Test Require- 3/9/15 10/6/17, [Insert Federal Register ments. citation].

******* 62–297.450 ...... EPA VOC Capture Efficiency 3/2/99 10/6/17, [Insert Federal Register Test Procedures. citation].

*******

* * * * * ACTION: Final rule. 178 (see also Unit I.C. of the [FR Doc. 2017–21504 Filed 10–5–17; 8:45 am] SUPPLEMENTARY INFORMATION). BILLING CODE 6560–50–P SUMMARY: This regulation establishes ADDRESSES: The docket for this action, tolerances for residues of identified by docket identification (ID) florpyrauxifen-benzyl in or on rice number EPA–HQ–OPP–2016–0560, is ENVIRONMENTAL PROTECTION grain, freshwater fish, shellfish available at http://www.regulations.gov AGENCY crustacean, and mollusc. Dow or at the Office of Pesticide Programs AgroSciences LLC requested these 40 CFR Part 180 Regulatory Public Docket (OPP Docket) tolerances under the Federal Food, in the Environmental Protection Agency Drug, and Cosmetic Act (FFDCA). [EPA–HQ–OPP–2016–0560; FRL–9963–66] Docket Center (EPA/DC), West William DATES: This regulation is effective Jefferson Clinton Bldg., Rm. 3334, 1301 Florpyrauxifen-Benzyl; Pesticide October 6, 2017. Objections and Constitution Ave. NW., Washington, DC Tolerances requests for hearings must be received 20460–0001. The Public Reading Room on or before December 5, 2017, and is open from 8:30 a.m. to 4:30 p.m., AGENCY: Environmental Protection must be filed in accordance with the Monday through Friday, excluding legal Agency (EPA). instructions provided in 40 CFR part holidays. The telephone number for the

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Public Reading Room is (202) 566–1744, and hearing requests are provided in 40 There were no comments received in and the telephone number for the OPP CFR 178.25(b). response to the notice of filing. Docket is (703) 305–5805. Please review In addition to filing an objection or Based upon review of the data the visitor instructions and additional hearing request with the Hearing Clerk supporting the petition, EPA is information about the docket available as described in 40 CFR part 178, please establishing tolerance levels that vary at http://www.epa.gov/dockets. submit a copy of the filing (excluding from the petitioned-for levels for certain FOR FURTHER INFORMATION CONTACT: any Confidential Business Information crops and is correcting commodity Michael L. Goodis, Director, (CBI)) for inclusion in the public docket. definitions, as needed, to be consistent Registration Division (7505P), Office of Information not marked confidential with current EPA policy. These changes Pesticide Programs, Environmental pursuant to 40 CFR part 2 may be are explained further in Unit IV.C. disclosed publicly by EPA without prior Protection Agency, 1200 Pennsylvania III. Aggregate Risk Assessment and notice. Submit the non-CBI copy of your Ave. NW., Washington, DC 20460–0001; Determination of Safety Main telephone number: (703) 305– objection or hearing request, identified by docket ID number EPA–HQ–OPP– Section 408(b)(2)(A)(i) of FFDCA 7090; email address: RDFRNotices@ 2016–0560, by one of the following allows EPA to establish a tolerance (the epa.gov. methods: legal limit for a pesticide chemical SUPPLEMENTARY INFORMATION: • Federal eRulemaking Portal: http:// residue in or on a food) only if EPA www.regulations.gov. Follow the online determines that the tolerance is ‘‘safe.’’ I. General Information instructions for submitting comments. Section 408(b)(2)(A)(ii) of FFDCA A. Does this action apply to me? Do not submit electronically any defines ‘‘safe’’ to mean that ‘‘there is a information you consider to be CBI or reasonable certainty that no harm will You may be potentially affected by other information whose disclosure is result from aggregate exposure to the this action if you are an agricultural restricted by statute. pesticide chemical residue, including producer, food manufacturer, or • Mail: OPP Docket, Environmental all anticipated dietary exposures and all pesticide manufacturer. The following Protection Agency Docket Center (EPA/ other exposures for which there is list of North American Industrial DC), (28221T), 1200 Pennsylvania Ave. reliable information.’’ This includes Classification System (NAICS) codes is NW., Washington, DC 20460–0001. exposure through drinking water and in not intended to be exhaustive, but rather • Hand Delivery: To make special residential settings, but does not include provides a guide to help readers arrangements for hand delivery or occupational exposure. Section determine whether this document delivery of boxed information, please 408(b)(2)(C) of FFDCA requires EPA to applies to them. Potentially affected follow the instructions at http:// give special consideration to exposure entities may include: www.epa.gov/dockets/contacts.html. of infants and children to the pesticide • Crop production (NAICS code 111). Additional instructions on chemical residue in establishing a • Animal production (NAICS code commenting or visiting the docket, tolerance and to ‘‘ensure that there is a 112). along with more information about reasonable certainty that no harm will • Food manufacturing (NAICS code dockets generally, is available at http:// result to infants and children from 311). www.epa.gov/dockets. aggregate exposure to the pesticide • Pesticide manufacturing (NAICS II. Summary of Petitioned-For chemical residue. . . .’’ code 32532). Consistent with FFDCA section Tolerance 408(b)(2)(D), and the factors specified in B. How can I get electronic access to In the Federal Register of December FFDCA section 408(b)(2)(D), EPA has other related information? 20, 2016 (81 FR 92758) (FRL–9956–04), reviewed the available scientific data You may access a frequently updated EPA issued a document pursuant to and other relevant information in electronic version of EPA’s tolerance FFDCA section 408(d)(3), 21 U.S.C. support of this action. EPA has regulations at 40 CFR part 180 through 346a(d)(3), announcing the filing of a sufficient data to assess the hazards of the Government Printing Office’s e-CFR pesticide petition (PP 5F8403) by Dow and to make a determination on site at http://www.ecfr.gov/cgi-bin/text- AgroSciences LLC, 9330 Zionsville aggregate exposure for florpyrauxifen- idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ Road, Indianapolis, IN 46268. The benzyl including exposure resulting 40tab_02.tpl. petition requested that 40 CFR part 180 from the tolerances established by this be amended by establishing tolerances action. EPA’s assessment of exposures C. How can I file an objection or hearing for residues of the herbicide request? and risks associated with florpyrauxifen-benzyl (2- florpyrauxifen-benzyl follows. Under FFDCA section 408(g), 21 Pyridinecarboxylic acid, 4-amino-3- EPA has evaluated the available U.S.C. 346a, any person may file an chloro-6-(4-chloro-2-fluoro-3- toxicity data and considered its validity, objection to any aspect of this regulation methoxyphenyl)-5-fluoro-, completeness, and reliability as well as and may also request a hearing on those phenylmethyl ester) and florpyrauxifen the relationship of the results of the objections. You must file your objection (metabolite; 2-Pyridinecarboxylic acid, studies to human risk. EPA has also or request a hearing on this regulation 4-amino-3-chloro-6-(4-chloro-2-fluoro-3- considered available information in accordance with the instructions methoxyphenyl)-5-fluoro-), in or on the concerning the variability of the provided in 40 CFR part 178. To ensure raw agricultural commodities rice, grain sensitivities of major identifiable proper receipt by EPA, you must (dehulled) at 0.01 parts per million subgroups of consumers, including identify docket ID number EPA–HQ– (ppm); rice, grain at 0.2 ppm; fish, infants and children. OPP–2016–0560 in the subject line on freshwater at 2 ppm; shellfish, Florpyrauxifen-benzyl is not the first page of your submission. All crustacean at 0.5 ppm; and shellfish, genotoxic and there were no treatment- objections and requests for a hearing mollusk at 9 ppm. That document related findings up to the limit dose must be in writing, and must be referenced a summary of the petition (1,000 milligrams/kilogram (mg/kg)/day) received by the Hearing Clerk on or prepared by Dow AgroSciences LLC, the or highest doses tested in the acute, before December 5, 2017. Addresses for registrant, which is available in the short-term, sub-chronic, or chronic oral mail and hand delivery of objections docket, http://www.regulations.gov. toxicity studies, two-generation

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reproduction or developmental toxicity of a different factor. EPA considers the covered by the rice grain tolerance. studies or in the neurotoxicity study. toxicity database to be complete and Based on the Organization of Economic Chronic administration of there are no residual uncertainties in the Cooperation and Development (OECD) florpyrauxifen-benzyl did not show any florpyrauxifen-benzyl exposure statistical calculation applied to the carcinogenicity potential and did not database. Because there are no threshold field trial (U.S.) residue data, EPA cause any adverse effects in mice, rats effects in the florpyrauxifen-benzyl determined that the appropriate or dogs even up to the highest doses database, the requirement to retain this tolerance level for rice, grain is 0.30 tested. safety factor is inapplicable to the ppm. The OECD calculation procedures Specific information on the studies current tolerance action. are globally recognized for calculating received and the nature of the adverse Based on the lack of toxicity from MRLs to facilitate the harmonization of effects caused by florpyrauxifen-benzyl exposure to residues of florpyrauxifen- regulatory limits. as well as the no-observed-adverse- benzyl, EPA concludes that there is a For fish-shellfish, mollusc the effect-level (NOAEL) and the lowest- reasonable certainty that no harm will tolerance level is established at 20 ppm, observed-adverse-effect-level (LOAEL) result to the general population, or to rather than the requested 9 ppm, based from the toxicity studies can be found infants and children from aggregate on the residue data. Also, to be at http://www.regulations.gov in exposure to florpyrauxifen-benzyl. consistent with current EPA policy, the document ‘‘Florpyrauxifen-benzyl: New IV. Other Considerations commodity definitions were revised as Active Ingredient, First Food Use. fish-freshwater finfish; fish-shellfish, Human Health Risk Assessment for the A. Analytical Enforcement Methodology crustacean; and fish-shellfish, mollusc, Establishment of Permanent Tolerances Adequate analytical enforcement and the Agency added a significant on Rice, Fish, and Shellfish and figure to the tolerances for rice, grain; Registration for Uses on Rice and methodology which uses high- performance liquid chromatography fish-freshwater finfish; and fish- Freshwater Aquatic Weed Control’’ shellfish, crustacean. dated December 1, 2016 in docket ID with tandem mass spectrometry (HPLC/ number EPA–HQ–OPP–2016–0560. MS–MS) to quantitate residues of V. Conclusion Because no single or repeated dose florpyrauxifen-benzyl and study performed by any route of florpyrauxifen is available for Despite the lack of toxicity, the EPA exposure produced an adverse effect enforcement. is establishing tolerances as requested following florpyrauxifen-benzyl The method may be requested from: by the petitioner for international trade exposure, toxicity endpoints and points Chief, Analytical Chemistry Branch, purposes. Therefore, tolerances are of departure were not selected for Environmental Science Center, 701 established for residues of florpyrauxifen-benzyl exposure Mapes Rd., Ft. Meade, MD 20755–5350; florpyrauxifen-benzyl, including its scenarios and a quantitative risk telephone number: (410) 305–2905; metabolites and degradates, in or on assessment was not conducted. Instead, email address: residuemethods@ rice, grain at 0.30 ppm; fish-freshwater a qualitative human health risk epa.gov. finfish at 2.0 ppm; fish-shellfish, crustacean at 0.50 ppm; and fish- assessment has been conducted to B. International Residue Limits support the proposed uses of shellfish, mollusc at 20 ppm. florpyrauxifen-benzyl. In making its tolerance decisions, EPA VI. Statutory and Executive Order Florpyrauxifen-benzyl is proposed for seeks to harmonize U.S. tolerances with Reviews use on rice and aquatic sites. Humans international standards whenever could potentially be exposed to possible, consistent with U.S. food This action establishes tolerances florpyrauxifen-benzyl residues in food safety standards and agricultural under FFDCA section 408(d) in (including fish and shellfish) because practices. EPA considers the response to a petition submitted to the florpyrauxifen-benzyl may be applied international maximum residue limits Agency. The Office of Management and directly to growing rice and aquatic (MRLs) established by the Codex Budget (OMB) has exempted these types sites. These applications can also result Alimentarius Commission (Codex), as of actions from review under Executive in florpyrauxifen-benzyl reaching required by FFDCA section 408(b)(4). Order 12866, entitled ‘‘Regulatory surface and ground water, both of which The Codex Alimentarius is a joint Planning and Review’’ (58 FR 51735, can serve as sources of drinking water. United Nations Food and Agriculture October 4, 1993). Because this action There are no proposed uses in Organization/World Health has been exempted from review under residential settings and there are no Organization food standards program, Executive Order 12866, this action is anticipated residential exposures. and it is recognized as an international not subject to Executive Order 13211, Section 408(b)(2)(C) of FFDCA food safety standards-setting entitled ‘‘Actions Concerning provides that EPA shall apply an organization in trade agreements to Regulations That Significantly Affect additional tenfold (10X) margin of safety which the United States is a party. EPA Energy Supply, Distribution, or Use’’ (66 for infants and children in the case of may establish a tolerance that is FR 28355, May 22, 2001) or Executive threshold effects to account for prenatal different from a Codex MRL; however, Order 13045, entitled ‘‘Protection of and postnatal toxicity and the FFDCA section 408(b)(4) requires that Children from Environmental Health completeness of the database on toxicity EPA explain the reasons for departing Risks and Safety Risks’’ (62 FR 19885, and exposure, unless EPA determines from the Codex level. April 23, 1997). This action does not based on reliable data that a different The Codex has not established a MRL contain any information collections margin of safety will be safe for infants for florpyrauxifen-benzyl. subject to OMB approval under the and children. This additional margin of Paperwork Reduction Act (PRA) (44 safety is commonly referred to as the C. Revisions to Petitioned-For U.S.C. 3501 et seq.), nor does it require FQPA Safety Factor (SF). In applying Tolerances any special considerations under this provision, EPA either retains the Although a tolerance for rice, grain Executive Order 12898, entitled default value of 10X, or uses a different (dehulled) was requested, EPA ‘‘Federal Actions to Address additional safety factor when reliable determined that no such tolerance is Environmental Justice in Minority data available to EPA support the choice required. Rice, grain (dehulled) is Populations and Low-Income

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Populations’’ (59 FR 7629, February 16, Transfer and Advancement Act amino-3-chloro- 6-(4-chloro-2-fluoro-3- 1994). (NTTAA) (15 U.S.C. 272 note). methoxyphenyl)-5-fluoro-2- pyridinecarboxylate) and its acid Since tolerances and exemptions that VII. Congressional Review Act are established on the basis of a petition metabolite (4-amino-3-chloro-6-(4- Pursuant to the Congressional Review chloro-2-fluoro-3-methoxyphenyl)-5- under FFDCA section 408(d), such as Act (5 U.S.C. 801 et seq.), EPA will the tolerance in this final rule, do not fluoropyridine-2-carboxylic acid) submit a report containing this rule and calculated as the stoichiometric require the issuance of a proposed rule, other required information to the U.S. the requirements of the Regulatory equivalent of florpyrauxifen-benzyl, in Senate, the U.S. House of or on the commodity. Flexibility Act (RFA) (5 U.S.C. 601 et Representatives, and the Comptroller seq.), do not apply. General of the United States prior to Parts per This action directly regulates growers, publication of the rule in the Federal Commodity million food processors, food handlers, and food Register. This action is not a ‘‘major retailers, not States or tribes, nor does rule’’ as defined by 5 U.S.C. 804(2). Fish—freshwater finfish ...... 2.0 this action alter the relationships or Fish—shellfish, crustacean ... 0.50 List of Subjects in 40 CFR Part 180 Fish—shellfish, mollusc ...... 20 distribution of power and Rice, grain ...... 0.30 responsibilities established by Congress Environmental protection, in the preemption provisions of FFDCA Administrative practice and procedure, Agricultural commodities, Pesticides (b) Section 18 emergency exemptions. section 408(n)(4). As such, the Agency [Reserved] has determined that this action will not and pests, Reporting and recordkeeping requirements. (c) Tolerances with regional have a substantial direct effect on States registrations. [Reserved] or tribal governments, on the Dated: September 8, 2017. (d) Indirect or inadvertent residues. relationship between the national Richard P. Keigwin, Jr., [Reserved] government and the States or tribal Director, Office of Pesticide Programs. governments, or on the distribution of [FR Doc. 2017–21614 Filed 10–5–17; 8:45 am] Therefore, 40 CFR chapter I is power and responsibilities among the BILLING CODE 6560–50–P amended as follows: various levels of government or between the Federal Government and Indian PART 180—[AMENDED] tribes. Thus, the Agency has determined FEDERAL COMMUNICATIONS that Executive Order 13132, entitled ■ 1. The authority citation for part 180 COMMISSION ‘‘Federalism’’ (64 FR 43255, August 10, continues to read as follows: 47 CFR Parts 1, 2, 15, 90, 95, and 97 1999) and Executive Order 13175, Authority: 21 U.S.C. 321(q), 346a and 371. entitled ‘‘Consultation and Coordination [ET Docket No. 15–26; FCC 17–94] with Indian Tribal Governments’’ (65 FR ■ 2. Add § 180.695 to subpart C to read as follows: 67249, November 9, 2000) do not apply Permitting Radar Services in the 76–81 to this action. In addition, this action § 180.695 Florpyrauxifen-benzyl; GHz Band does not impose any enforceable duty or Pesticide Tolerances. Correction contain any unfunded mandate as (a) General. Tolerances are described under Title II of the Unfunded established for residues of In rule document 2017–18463 Mandates Reform Act (UMRA) (2 U.S.C. florpyrauxifen-benzyl, including its beginning on page 43865 in the issue of 1501 et seq.). metabolites and degradates, in or on the Wednesday, September 20, 2017, make This action does not involve any commodities in the table below. the following correction: technical standards that would require Compliance with the tolerance levels § 2.106 [Corrected] Agency consideration of voluntary specified below is to be determined by consensus standards pursuant to section measuring only the sum of ■ In Part 2, in § 2.106, on page 43869, 12(d) of the National Technology florpyrauxifen-benzyl (phenylmethyl 4- the table should appear as follows:

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[FR Doc. C1–2017–18463 Filed 10–5–17; 8:45 am] BILLING CODE 1301–00–D

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FEDERAL COMMUNICATIONS be downloaded at https://apps.fcc.gov/ in a proceeding may petition the COMMISSION edocs_public/attachmatch/FCC-17- Commission for leave to intervene based 75A1.pdf. on a demonstrated showing of interest. 47 CFR Part 90 In 2016, the Commission’s Notice of The Commission further imposes a 90- [PS Docket No. 16–269; FCC 17–75] Proposed Rulemaking (NPRM), 81 FR day aspirational shot clock upon itself 64825, September 21, 2016, sought for Commission action on a properly Procedures for Commission Review of comment sought comment on filed alternative plan. State Opt-Out Request From the implementation of the opt-out review The Commission will confine its FirstNet Radio Access Network process to be conducted by the review to the RAN elements of state Commission, pursuant to certain alternative plans, which it defines as all AGENCY: Federal Communications provisions of the Public Safety the cell site equipment, antennas, and Commission. Spectrum Act. These included: The backhaul equipment, based on ACTION: Final rule. procedures and timing for states to commercial standards, that are required notify FirstNet, NTIA, and the to enable wireless communications with SUMMARY: In this document, the Federal Commission of their opt-out elections, devices using the public safety Communications Commission completing their RFPs, and for filing broadband spectrum including standard (Commission) addresses the 758–769/ their alternative state plans with the E–UTRAN elements (e.g., the eNodeB) 788–799 MHz band, which the Commission; the Commission review and including, but not limited to, Commission licensed to the First process, including timing, defining the backhaul to FirstNet designated Responder Network Authority (FirstNet) scope of participation by interested consolidation points. on a nationwide basis pursuant to the parties, and treatment of confidential Finally the Commission states that the provisions of the Middle Class Tax information; what criteria that full Commission will issue a separate Relief and Job Creation Act of 2012. The Commission will use in evaluating Order for each opt-out request. Each Report and Order adopts procedures for alternative state plans; what elements order will provide a brief explanation of administering the state opt-out process states should include in their alternative the Commission’s decision based on the as provided under the Public Safety state plans to demonstrate compliance statutory criteria as applied to the Spectrum Act, as well delineating the with the relevant statutory criteria; and information submitted in the record. specific standards by which the how the Commission’s decisions to This document contains new Commission will evaluate state opt-out approve or disapprove alternative state information collection requirements. applications. plans will be documented. The Commission, as part of its DATES: Effective November 6, 2017, In the Report and Order, the continuing effort to reduce paperwork except for § 90.532(b) and (c), which Commission finds that the 90-day burdens, invited the general public to contain information collection period states have to inform the comment on the information collection requirements that are not effective until Commission of its opt-out decision shall requirements contained in this R&O as approved by the Office of Management commence when a state has received required by the Paperwork Reduction and Budget. The FCC will publish a statutory ‘‘notice’’ from FirstNet of the Act of 1995, Public Law 104–13. In document in the Federal Register final plan for that state. The addition, the Commission notes that announcing the effective date for those Commission also finds that within 180 pursuant to the Small Business days of providing its opt-out notice to sections. Paperwork Relief Act of 2002, Public the Commission, a state must have (1) ADDRESSES: Federal Communications Law 107–198, see 44 U.S.C. 3506(c)(4), issued an RFP providing for full Commission, 445 12th Street SW., we previously sought specific comment deployment of the state RAN (i.e., the Washington, DC 20554. In addition to on how the Commission might further RFP must cover the actual network filing comments with the Office of the reduce the information collection build, not merely development of a Secretary, a copy of any comments on burden for small business concerns with plan) and (2) received firm commitment the Paperwork Reduction Act fewer than 25 employees. bids on the RFP and selected a winning information collection requirements In this present document, we have bidder. A state has 240 days from the contained herein should be submitted to assessed the effects of state opt-out opt-out notification date to file its Nicole Ongele at (202) 418–2991. procedures and find that they have no alternative plan with the Commission. FOR FURTHER INFORMATION CONTACT: The Commission specifies that Plans effect on businesses with fewer than 25 Roberto Mussenden, Policy and filed with the Commission must, at a employees. Licensing Division, Public Safety and minimum, (1) address the four general The Commission sent a copy of this Homeland Security Bureau, (202) 418– subject areas identified in the Act Report & Order to Congress and the 1428. For additional information (construction, maintenance, operation, Government Accountability Office concerning the Paperwork Reduction and improvements of the state RAN), (2) pursuant to the Congressional Review Act information collection requirements address the two interoperability Act, see 5 U.S.C. 801(a)(1)(A). contained in this document, contact requirements set forth in sections List of Subjects in 47 CFR Part 90 Nicole Ongele at 202–418–2991, or send 6302(e)(3)(C)(i)(I) and (II) of the Act, and Administrative practice and an email to [email protected]. (3) specifically address all of the procedure, Common carriers, Radio, SUPPLEMENTARY INFORMATION: This is a requirements of the Technical Advisory Reporting and recordkeeping summary of the Commission’s Report Board for First Responder requirements. and Order, PS Docket No. 16–269; FCC Interoperability. 17–75, adopted and released on June 22, The Commission will treat each state Federal Communications Commission. 2016. The complete text of this opt-out application as a separate Marlene H. Dortch, document is available for inspection restricted proceeding under our rules. Secretary. and copying during normal business The parties to these proceedings will hours in the FCC Reference Information initially include the state filing the Final Rules Center, 445 12th Street SW., Room CY– application, FirstNet, and NTIA. Other For the reasons discussed in the A257, Washington, DC 20554 and can persons or entities seeking to participate preamble, the Federal Communications

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Commission amends 47 CFR part 90 as to intervene. Such a petition must be The Bureau shall issue a Public Notice follows: made within 30 days of the Public identifying each plan that has been Notice issued in conformance with accepted for filing and initiating an PART 90—PRIVATE LAND MOBILE paragraph (b) of this section. The abbreviated comment cycle. RADIO SERVICES petition must note the specific plan on (1) The First Responder Network Authority, the National ■ which the filer wishes to comment and 1. The authority citation for part 90 clearly detail the filer’s interest in the Telecommunications and Information continues to read: proceeding. This includes an Administration, and any entity granted Authority: Sections 4(i), 11, 303(g), 303(r), explanation of the filer’s interest in the party status under paragraph (c) of this and 332(c)(7) of the Communications Act of outcome of the particular state’s section may file comments within 15 1934, as amended, 47 U.S.C. 154(i), 161, application, as well as an explanation of days of the issuance of the Public Notice 303(g), 303(r), and 332(c)(7), and Title VI of how the filer’s interests are not set forth in this paragraph (f). the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 112–96, 126 Stat. 156. otherwise represented by the state, (2) The relevant state may file reply FirstNet, or NTIA, or how its comments within 30 days of the ■ 2. Section 90.532 is amended by participation would otherwise aid the issuance of the Public Notice set forth revising the section heading, Commission in a full evaluation of the in this paragraph (f). designating the undesignated paragraph facts. (3) States can file the plans, and those as paragraph (a), adding a paragraph (d) Filing of alternative state plans by granted party status to each proceeding heading to newly designated paragraph states electing to opt out. No later than may file comments on the plan, in the (a), and adding paragraphs (b) through 240 days after filing notice of a State’s specified state docket via a dedicated (f) to read as follows: election with the Commission under email address specified by the § 90.532 Licensing of the 758–769 MHz and paragraph (b) of this section, the State Commission or via certified mail to the 788–799 MHz Bands; State opt-out election Governor or the Governor’s designee Office of the Secretary. and alternative plans. shall file an alternative plan with the [FR Doc. 2017–21596 Filed 10–5–17; 8:45 am] Commission for the construction, (a) First Responder Network Authority BILLING CODE 6712–01–P license and renewal. *** maintenance, operation, and (b) State election to opt out of the First improvements of the State radio access network. Alternative plans may be sent Responder Network Authority DEPARTMENT OF THE INTERIOR Nationwide Network. No later than 90 to a dedicated email address specified by the Commission or via certified mail days after receipt of notice from the Fish and Wildlife Service First Responder Network Authority to the Office of the Secretary. (e) Contents of alternative state plans. under section 6302(e)(1) of the Middle 50 CFR Part 17 Class Tax Relief and Job Creation Act of An alternative state plan shall include: (1) An interoperability showing, 2012, Public Law 112–96, 126 Stat. 156 [Docket No. FWS–R4–ES–2016–0090; demonstrating: 4500030113] (Spectrum Act), any State Governor or (i) Compliance with the minimum the Governor’s designee shall file with technical interoperability requirements RIN 1018–BB48 the Commission a notification of the developed under section 6203 of the Governor’s election to opt out and Middle Class Tax Relief and Job Endangered and Threatened Wildlife conduct its own deployment of a State Creation Act of 2012; and and Plants; Endangered Species radio access network pursuant to (ii) Interoperability with the Status for Dalea carthagenensis var. section 6302(e)(2)(B) of the Middle Class nationwide public safety broadband floridana (Florida Prairie-clover), and Tax Relief and Job Creation Act of 2012. network. Threatened Species Status for This notification shall be sent to a (2) Certifications by the State Sideroxylon reclinatum ssp. dedicated email address specified by the Governor or the Governor’s designee, austrofloridense (Everglades Bully), Commission or via certified mail to the attesting: Digitaria pauciflora (Florida Pineland Secretary’s office. At the conclusion of (i) Adherence to FirstNet network Crabgrass), and Chamaesyce deltoidea the opt-out notification period, the policies identified by FirstNet as ssp. pinetorum (Pineland Sandmat) Public Safety and Homeland Security relating to technical interoperability; Bureau shall issue one or more Public and AGENCY: Fish and Wildlife Service, Notices denoting which states have (ii) Completion of the state’s request Interior. elected to opt out. In addition: for proposal within 180 days of receipt ACTION: Final rule. (1) Such notification shall also certify of notice of the State Plan furnished by that the State has notified the First the First Responder Network Authority. SUMMARY: We, the U.S. Fish and Responder Network Authority and the Such certification may only be made if Wildlife Service (Service), determine National Telecommunications and the state has: endangered species status under the Information Administration of its (A) Issued a request for proposal for Endangered Species Act of 1973 (Act), election. the state’s Radio Access Network; as amended, for Dalea carthagenensis (2) If such notice is filed by the (B) Received bids for such network; var. floridana (Florida prairie-clover), Governor’s designee, it shall include and and threatened species status for memorialization of the Governor’s (C) Selected a vendor(s). Sideroxylon reclinatum ssp. delegation of authority in writing with (f) Commenting on alternative state austrofloridense (Everglades bully), the notice. plans. Within 10 business days of the Digitaria pauciflora (Florida pineland (c) Petitions for leave to intervene. submission of an alternative state plan crabgrass), and Chamaesyce deltoidea Entities other than the First Responder the Public Safety and Homeland ssp. pinetorum (pineland sandmat). All Network Authority, the National Security Bureau shall determine four plant species are endemic to south Telecommunications and Information whether the plan is acceptable for filing Florida. This rule adds these species to Administration, and the relevant state under the criteria set forth under the Federal List of Endangered and may petition the Commission for leave paragraphs (d) and (e) of this section. Threatened Plants.

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DATES: This rule is effective November modification through urban and ssp. austrofloridense, Digitaria 6, 2017. agricultural development, and lack of pauciflora, Chamaesyce deltoidea ssp. ADDRESSES: This final rule is available adequate fire management (Factor A); pinetorum, and Dalea carthagenensis on the Internet at http:// and the proliferation of nonnative var. floridana. The peer reviewers www.regulations.gov. Comments and invasive plants, stochastic events generally concurred with our methods materials we received, as well as (hurricanes, storm surge, wildfires), and conclusions, and provided supporting documentation we used in maintenance practices used on additional information, clarifications, preparing this rule, are available for roadsides and disturbed sites, and sea and suggestions to improve the final public inspection on the Internet at level rise (Factor E). Existing regulatory rule. We reviewed all comments http://www.regulations.gov, or in mechanisms have not been adequate to received from the peer reviewers for person, by appointment, during normal reduce or remove these threats (Factor substantive issues and new information business hours at: U.S. Fish and D). regarding the listing of the four plants. Wildlife Service, South Florida Peer review and public comment. We Where appropriate, we have Ecological Services Field Office, 1339 sought comments from independent incorporated corrections, editorial 20th Street, Vero Beach, FL 32960; specialists to ensure that our decision is suggestions, and new literature and telephone 772–562–3909; facsimile based on scientifically sound data, other information provided into the 772–562–4288. assumptions, and analyses. We invited final rule. Any substantive comments are discussed below. FOR FURTHER INFORMATION CONTACT: these peer reviewers to comment on our listing proposal, and we received Comment: One peer reviewer Roxanna Hinzman, U.S. Fish and indicated that recent studies suggest Wildlife Service, South Florida comments from three peer reviewers. We also considered all comments and some previously known taxonomic Ecological Services Field Office (see indicators are not reliable to distinguish ADDRESSES, above). Persons who use a information we received from the public during the comment period. between Sideroxylon reclinatum ssp. telecommunications device for the deaf reclinatum and S. reclinatum ssp. (TDD) may call the Federal Relay Previous Federal Action austrofloridense. Therefore, survey Service at 800–877–8339. Please refer to the proposed listing results from Big Cypress National Park SUPPLEMENTARY INFORMATION: rule for Sideroxylon reclinatum ssp. (BCNP) cited in the proposed rule may Executive Summary austrofloridense, Digitaria pauciflora, have significantly underestimated S. Chamaesyce deltoidea ssp. pinetorum, reclinatum ssp. austrofloridense Why we need to publish a rule. Under and Dalea carthagenensis var. floridana distribution and abundance. The the Act, if we determine that a species (81 FR 70282; October 11, 2016) for a reviewer also indicated that given the is an endangered or threatened species detailed description of previous Federal large number of individuals and more throughout all or a significant portion of actions concerning these species. widespread distribution created by the its range, we are required to promptly recent taxonomic evaluation of this publish a proposal in the Federal Summary of Comments and taxon, the Service does not have Register and make a determination on Recommendations adequate information to support our proposal within 1 year. Listing a In the proposed rule published on classifying this taxon as threatened. species as an endangered or threatened October 11, 2016 (81 FR 70282), we Our Response: We appreciate the species can only be completed by requested that all interested parties information and agree that if taxonomic issuing a rule. submit written comments on the indicators do not reliably distinguish This rule makes final the listing of proposal by December 12, 2016. We also between Sideroxylon reclinatum ssp. Dalea carthagenensis var. floridana contacted appropriate Federal and State reclinatum and S. reclinatum ssp. (Florida prairie-clover) as an agencies, scientific experts and austrofloridense, then S. reclinatum ssp. endangered species, and Sideroxylon organizations, and other interested austrofloridense’s distribution and reclinatum ssp. austrofloridense parties and invited them to comment on abundance may be greater than survey (Everglades bully), Digitaria pauciflora the proposal. Newspaper notices results cited in the proposed rule. We (Florida pineland crabgrass), and inviting general public comment were have incorporated the additional Chamaesyce deltoidea ssp. pinetorum published in the Miami Herald and Key information on S. reclinatum ssp. (pineland sandmat) as threatened West Citizen. We did not receive any austrofloridense’s distribution in BCNP species. requests for a public hearing. into this rule in the ‘‘Current Range, The basis for our action. Under the Also, in accordance with our peer Population Estimates, and Status’’ Act, we may determine that a species is review policy published on July 1, 1994 (Table 1) section for the subspecies. an endangered or threatened species (59 FR 34270), we solicited expert However, despite recent taxonomic based on any of five factors: (A) The opinion from three knowledgeable changes that may result in greater present or threatened destruction, individuals with scientific expertise that abundance and distribution for S. modification, or curtailment of its included familiarity with the four reclinatum ssp. austrofloridense, we habitat or range; (B) overutilization for species and their habitat, biological have determined that the subspecies commercial, recreational, scientific, or needs, and threats. We received qualifies as threatened. This is because educational purposes; (C) disease or responses from all three peer reviewers. sea level rise is projected to have predation; (D) the inadequacy of All substantive information provided profound negative effects on S. existing regulatory mechanisms; or (E) during the comment period has either reclinatum ssp. austrofloridense and all other natural or manmade factors been incorporated directly into this final of its habitat throughout its range in the affecting its continued existence. determination or is addressed below. foreseeable future, even when the We have determined that the threats additional distribution is considered. to Sideroxylon reclinatum ssp. Peer Reviewer Comments Decades prior to inundation, pine austrofloridense, Digitaria pauciflora, We reviewed all comments received rocklands and marl prairies are likely to Chamaesyce deltoidea ssp. pinetorum, from the peer reviewers for substantive undergo habitat transitions related to and Dalea carthagenensis var. floridana issues and new information regarding climate change, including changes to consist primarily of habitat loss and the listing of Sideroxylon reclinatum hydrology and increasing vulnerability

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to storm surge, rendering these areas meters (m)) tall (Corogin and Judd 2014, prairie habitats in a well-defined area of unsuitable for S. reclinatum ssp. pp. 410–412). The branches are smooth, extreme southeast peninsular Florida. austrofloridense. slightly bent, and somewhat spiny. The Conversely, Sideroxylon reclinatum ssp. leaves are thin, oval-shaped, 0.8 to 2 reclinatum is more wide-ranging, Public Comments inches (in) (2 to 5 centimeters (cm)) occurring coastally from southern We received one public comment long, evergreen, lance-shaped, and fuzzy Georgia west to Louisiana, and with new information on the historical on their undersides. The flowers are in throughout Florida as far south as distribution of Chamaesyce deltaoidea axillary clusters (Long and Lakela 1971, Broward County in the east, and Collier spp. pinetorum; we have incorporated p. 679). and Monroe Counties in the west. The this information into the final rule. Sideroxylon reclinatum ssp. only place where plants of both species austrofloridense is distinguished from overlap is within BCNP, at the western Summary of Changes From Proposed the similar subspecies S. reclinatum ssp. fringe of Sideroxylon reclinatum ssp. Rule reclinatum in Florida by its leaves, austrofloridense’s range (Corrogin and In the Background section, we made which are persistently pubescent (fuzzy) Judd 2014, p. 409). the following changes based on peer on their undersides, rather than smooth review and public comments: or pubescent only along the leaf Climate (1) We incorporated new information midvein (Wunderlin and Hansen 2003, The climate of south Florida where on the life history, site locations, p. 603). In addition, the two subspecies Sideroxylon reclinatum ssp. abundance and distribution of Dalea are more reliably distinguished by austrofloridense occurs is classified as carthagenensis var. floridana, differences in the micromorphology of tropical savanna and is characterized by Sideroxylon reclinatum ssp. the leaf epidermis, and by the extent of distinct wet and dry seasons and a Austrofloridense, Digitaria distribution of S. r. ssp. monthly mean temperature above 18 pauciflora,and Chamaesyce deltoidea austrofloridense, which is limited to degrees Celsius (°C) (64.4 degrees ssp. Pinetorum as appropriate. extreme southern peninsular Florida Fahrenheit (°F)) in every month of the (2) We incorporated new information (Corogin and Judd 2014, p. 404). year (Gabler et al. 1994, p. 211). Freezes on the ecology and plant species can occur in the winter months, but are Taxonomy composition of pine rockland, marl infrequent at this latitude in south prairie, coastal berm, and rockland The genus Sideroxylon is represented Florida. Rainfall in the area where hammock habitats. by eight species in Florida. All of these Sideroxylon reclinatum ssp. (3) We incorporated new information plants were previously assigned to the austrofloridense occurs varies from an regarding ex situ conservation for Dalea genus Bumelia. Sideroxylon reclinatum, annual average of 153–165 cm (60–65 carthagenensis var. floridana, the Florida bully, is represented by in) in the northern portion of the Miami Chamaesyce deltoidea ssp. pinetorum, three subspecies that range nearly Rock Ridge to an average of 140–153 cm and Digitaria pauciflora. throughout Florida and into neighboring (55–60 in) in the southern portion. (4) We incorporated new information states. The Everglades subspecies was Approximately 75 percent of yearly on the taxonomic indicators of first recognized by Whetstone (1985, pp. rainfall occurs during the wet season Sideroxylon reclinatum ssp. 544–547) as Bumelia reclinata var. from June through September (Snyder et austrofloridense used in comparison austrofloridense, then transferred to the al. 1990, p. 238). genus Sideroxylon (Kartesz and Gandhi with the similar subspecies S. Habitat reclinatum ssp. reclinatum. 1990, pp. 421–427). Sideroxylon In the Summary of Factors Affecting reclinatum ssp. austrofloridense was Sideroxylon reclinatum ssp. the Species section, we made the made a subspecies rather than a variety austrofloridense grows in pine rockland following changes: (Kartesz and Gandhi 1990, pp. 421– habitat, marl prairie habitat and within (5) We incorporated new information 427); in plant nomenclature, the ranks the ecotone between both habitats (Gann regarding the threat of scale insects and of variety and subspecies are et al. 2006, p. 12; Bradley et al. 2013, Cassytha filiformis infestations on Dalea interchangeable. Sideroxylon reclinatum p. 4; Gann 2015, p. 31). These habitats carthagenensis var. floridana. ssp. austrofloridense is used in the are maintained by regular fire, and are (6) We clarified our discussion of current treatment of the Florida flora prone, particularly marl prairie, to regulatory protection for State-listed (Wunderlin and Hansen 2016, p. 1). annual flooding for several months plants on private lands through FAC The online Atlas of Florida Vascular during the wet season (Gann et al. 2006, 5B–40. Plants (Wunderlin and Hansen 2016, p. p. 13; Bradley et al. 2013, p. 4). (7) We clarified our discussion of 1), Integrated Taxonomic System (ITIS Sideroxylon reclinatum ssp. restoration management to indicate it 2016, p. 1), NatureServe (2016, p. 1), austrofloridense also grows on the only be conducted by highly trained and the Florida Department of sunny edges of rockland hammock crews. Agriculture and Consumer Services habitat (Gann 2015, p. 412), which is (8) We incorporated new information (FDACS) (Coile and Garland 2003, p. 19) fire-resistant. Historically, fire served to regarding potential drier conditions in indicate that Sideroxylon reclinatum maintain the boundary between pine response to hydrological restoration ssp. austrofloridense is the accepted rockland and rockland hammock by within the Everglades. taxonomic status. eliminating the encroachment of Sideroxylon reclinatum ssp. hardwoods into pine rocklands. Absent Summary of Biological Status and austrofloridense is differentiated from S. natural or prescribed fire, many pine Threats reclinatum ssp. reclinatum by a set of rocklands have succeeded to rockland Sideroxylon reclinatum ssp. distinct characters at the hammock (Florida Natural Area austrofloridense (Everglades bully) micromorphological level (Corogin and Inventory [FNAI] 2010, p. 25). Canopy Judd 2014, p. 408). The two taxa are also cover on the interior of rockland Species Description separated eco-geographically. hammock is too dense to support herbs Sideroxylon reclinatum ssp. Sideroxylon reclinatum ssp. and smaller shrub species, such as S. r. austrofloridense is a single to many- austrofloridense is a narrow endemic, ssp. austrofloridense, that require more stemmed shrub, 3 to 6 feet (ft) (1 to 2 restricted to pine rockland and marl sunlight. For a detailed description of

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pine rockland, marl prairie, and records for Sideroxylon reclinatum ssp. Pine Key, expanding the known range in rockland hammock habitats, please see austrofloridense are summarized below ENP (Gann 2015, p. 30). the proposed listing rule (81 FR 70282; in Table 1. In Miami-Dade County, outside ENP, October 11, 2016). pine rocklands tracts are orders of Sideroxylon reclinatum ssp. Current Range, Population Estimates, magnitude smaller and exist in a matrix austrofloridense occurs in sparsely and Status vegetated, well-lit, open areas that are The current range of Sideroxylon of agricultural, commercial, and maintained by disturbance. However, reclinatum ssp. austrofloridense is residential development. Approximately the dynamic nature of the habitat means BCNP, the Long Pine Key region of ENP, 73 plants were observed at Larry and that areas not currently open may and pine rocklands adjacent to ENP Penny Thompson Park, within the become open in the future as a result of (Hodges and Bradley 2006, p. 42; Gann Richmond Pine Rocklands (Possley and canopy disruption from hurricanes or et al. 2006, p. 11; Bradley 2007, pers. McSweeney 2005, p. 1). Extant invasive plant management, while areas comm.; Possley 2011a and 2011b, pers. populations have been found at Quail currently open may develop more dense comm.; Sadle 2011, pers. comm.; Roost Pineland (two plants), Navy Wells canopy over time, eventually rendering Bradley et al. 2013, p. 4; Gann 2015, p. Pineland Preserve (four plants), and that portion of the hammock unsuitable 30). The subspecies is apparently Sunny Palms Pinelands (two plants) for S. r. ssp. austrofloridense. extirpated from Key Largo. Sideroxylon (Possley 2011a and 2011b, pers. comm.). reclinatum ssp. austrofloridense has not The subspecies has been observed in Historical Range been found in surveys of pine rocklands pine rocklands at Grant Hammock and The historical range of Sideroxlon on Key Largo, Big Pine Key, Cudjoe Key Pine Ridge Sanctuary (Bradley et al. reclinatum ssp. austrofloridense is and Lower Sugarloaf Key (Hodges and 2013, p.1). The subspecies no longer limited to Collier, Miami-Dade, and Bradley 2006, p. 42). The current range occurs at the Nixon-Smiley Preserve. Monroe Counties, Florida. In Miami- is approximately 42 mi (67.5 km) (Gann Dade County, the plant was known from et al. 2002, p. 526; Corogin and Judd Surveys in the Gum Slough region of central and southern Miami-Dade 2014, p. 412). Lostmans Pines in BCNP reported County along the Miami Rock Ridge, The largest population occurs at Long finding Sideroxylon reclinatum ssp. which extends from Long Pine Key in Pine Key in ENP (Hodges and Bradley austrofloridense with limited the Everglades northward through urban 2006, p. 42; Gann et al. 2006, p. 11; distribution within the study area Miami to the Miami River. In Monroe Gann 2015, p. 9). The population at (Bradley et al. 2013, pp. 1–8). However, County, the plant is known from BCNP Long Pine Key is estimated at between Sadle (2016, pers. comm.) suggests that on the mainland, and was collected as 10,000–100,000 plants (Gann et al. additional taxonomic research on far south as Key Largo, in the Florida 2006, pp. 9–11; Gann 2015, p. 29). Sideroxylon reclinatum ssp. reclinatum Keys. In Collier County, the subspecies Recent surveys of ENP have identified may indicate that S. r. ssp. has been recorded only within BCNP. 14 occurrences of Sideroxylon austrofloridense is more widespread in All known historical and current reclinatum ssp. austrofloridense in Long BCNP than is currently known.

TABLE 1—SUMMARY OF THE STATUS OF THE KNOWN OCCURRENCES OF SIDEROXYLON RECLINATUM SSP. AUSTROFLORIDENSE

Population Ownership Most recent population estimate (year) Status

Everglades National Park ...... National Park Service ...... 10,000–100,000 1 (2013) ...... Extant. Camp Everglades ...... Boy Scouts of America ...... Unknown ...... Extant.2 Big Cypress National Preserve ...... National Park Service ...... extant (2013) 3 ...... Extant. Larry and Penny Thompson Park ...... Miami-Dade County ...... 73 (2005) 4 ...... Extant. Nixon-Smiley Preserve ...... Miami-Dade County ...... 0 (Unknown) 3 ...... Extirpated. Navy Wells Pineland Preserve ...... Miami-Dade County ...... 4 (2011) 5 ...... Extant. Frog Pond ...... South Florida Water Management Dis- 1 (2015) 12 ...... Extant. trict. Sunny Palms Pineland ...... Miami-Dade County ...... 2 (2011) 5 ...... Extant. Pine Ridge Sanctuary ...... Private ...... Unknown ...... Extant.3 Lucille Hammock ...... Miami-Dade County ...... 11–100 (2007) 3 ...... Extant. South Dade Wetlands ...... Miami-Dade County ...... Unknown (2007) 3 ...... Extant. Natural Forest Community #P–300 ...... Private ...... 2–10 (2007) 3 ...... Extant. Natural Forest Community #P–310 ...... Private ...... 11–100 (2007) 3 ...... Extant. Quail Roost Pineland ...... Miami-Dade County ...... 2 (2011) 5 ...... Extant. Grant Hammock ...... Unknown ...... Unknown (Unknown) ...... Extirpated.3 Key Largo ...... Unknown ...... No estimate (1948) ...... Extirpated.6 1 Gann 2015, p. 29. 2 Lange 2016, pers. comm. 3 Bradley et al. 2013, pp. 1–8. 4 Possley and McSweeney 2005, p. 1. 5 Possley 2011a and 2011b, pers. comm. 6 Hodges and Bradley 2006, p. 42.

Biology biology, seed production, or dispersal June to July (Corogin and Judd 2014, pp. (Gann 2015, p. 31). Reproduction is 410–412). The plants can stand partial Life History and Reproduction: Little sexual, with new plants generated from inundation with fresh water for a is known about the life history of Sideroxylon reclinatum ssp. seeds. The subspecies produces flowers portion of the year, but do not tolerate austrofloridense, including pollination from April to May, and fruit ripens from salinity. Sideroxylon reclinatum ssp.

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austrofloridense frequently has 2016, p. 1). The Integrated Taxonomic 2015, p. 142). Three other historical numerous stem galls, but these galls do System (ITIS 2016, p. 1), NatureServe occurrences in Miami-Dade County not appear to cause mortality to the (2016, p. 1), and the Florida Department have been documented: (1) A site plant and may in fact be an important of Agriculture and Consumer Services between Cutler and Longview Camp part of the subspecies’ natural history (FDACS) (Coile and Garland 2003, p. 19) (last observed in 1903); (2) Jenkins (Lange 2016, pers. comm.). In addition, indicates that its taxonomic status is Homestead (date unspecified); and (3) the stem galls are often inhabited by accepted. We have carefully reviewed south Miami (last observed in 1939) acrobat ants (Crematogaster spp.) (Lange all taxonomic data to determine that (Bradley 2007, pers. comm.). However, 2016, pers. comm.). Digitaria pauciflora is a valid taxon. The little is known regarding the status of Fire Ecology and Demography: There only synonym is Syntherisma pauciflora these populations. The species was not have been no detailed studies of (Hitchcock) Hitchcock ex Small (ITIS found during a 2-year project to survey Sideroxylon reclinatum ssp. 2016, p. 1). and map rare and exotic plants along Florida Department of Transportation austrofloridense’s relationship to fire; Climate however, periodic fire is extremely (FDOT) rights-of-way within Miami- important to maintaining habitat for this The climate of south Florida where Dade and Monroe Counties (Gordon et subspecies (Corogin and Judd 2014, p. Digitaria pauciflora occurs is classified al. 2007, pp. 1, 38). 414). Therefore, historical declines have as tropical savanna, as described above for Sideroxylon reclinatum ssp. Current Range, Population Estimates, been partially attributed to habitat loss and Status from fire suppression or inadequate fire austrofloridense. The current range of Digitaria management (ENP 2014, p. 173). Habitat pauciflora includes ENP and BCNP Digitaria pauciflora (Florida pineland Digitaria pauciflora occurs (Bradley and Gann 1999, p. 49; Gann et crabgrass) predominantly within the seasonally al. 2006, p. 3; Gann 2015, p. 142). flooded ecotone between pine rockland Species Description Ongoing surveys suggest the species and marl prairie, although the species occurs throughout Long Pine Key of Digitaria pauciflora is a small may overlap somewhat into both ENP (Gann et al. 2006, p. 7; Gann 2015, perennial clump-grass, appearing blue- habitats (Bradley and Gann 1999, p. 49; p. 144) and is much wider-ranging than green to gray with reddish-brown stems, Fellows et al. 2002, p. 79). Plants can previously known in ENP, where typically 0.5 to 1 m (1.5 to 3 ft) tall withstand inundation with fresh water populations may be characterized as (Small 1933, p. 51). The leaves form a for one to several months each year abundant (Maschinski and Lange 2015, subtle zig-zag pattern as the leaf blades (ENP 2014, p. 172). These habitats are pp. 31–33). come off the stem at an angle. The maintained by regular fire, and are In 2002, Digitaria pauciflora was flowers are dull green and very small, prone, particularly marl prairie, to discovered within the Lostmans Pines and are borne on wispy spikes on the annual flooding for several months region of BCNP in Monroe County ends of the leafy stems, with usually during the wet season (Gann et al. 2006, (Bradley et al. 2013, p. 2). This only a few flower clusters forming per p. 13). Pine rocklands and marl prairies represented the first known D. clump of grass. Stolons (aboveground are described in detail in the proposed pauciflora occurrence outside Miami- horizontal stems) are not present listing rule (81 FR 70282; October 11, Dade County (FNAI 2007, p. 191). The (Webster and Hatch, 1990, pp. 161–162); 2016). species is widely distributed within however, inflorescence branches have Lostmans Pines (Bradley et al. 2013, pp. been known to produce roots Historical Range 1–8). Subsequent surveys for the species infrequently at their nodes, and these All known historical and current within BCNP have documented up to have been observed producing new records for Digitaria pauciflora are nine occurrences, some of which ramets (belowground horizontal stems) summarized below in Table 2. The contain an estimated 500–600 plants that allow for vegetative spread (Fellows historical range of D. pauciflora consists (Maschinski et al. 2003, p. 141). Bradley et al. 2003, p. 142; Lange 2016, pers. of central and southern Miami-Dade et al. (2013, pp. 1–8) conducted surveys comm.). Digitaria pauciflora is known to County along the Miami Rock Ridge, in the Gum Slough region of Lostmans reproduce sexually (Bradley and Gann from southern Miami to Long Pine Key Pines and indicated that the species is 1999, p. 50), with fruit production in the region of ENP, a range of approximately widely distributed within the study fall (Wendelberger and Maschinski 42 mi (67.6 km) (Bradley and Gann area. A total of 2,365 plants were 2006, p. 3). 1999, p. 49). Specimens of D. pauciflora counted within pineland and sawgrass were collected early in the 20th century based survey plots (Bradley et al. 2013, Taxonomy throughout Miami-Dade County. The pp. 3–4). The rangewide population Digitaria pauciflora was first plant then went unreported for several estimate for D. pauciflora is 100,000 to described in 1928, based on specimens decades before being rediscovered at 200,000 individuals at Long Pine Key collected in 1903 (Bradley and Gann Long Pine Key in 1973. D. pauciflora (Maschinski and Lange 2015, p. 18) and 1999, p. 49), and was later placed in the has subsequently been encountered greater than 10,000 individuals within genus Syntherisma (Small 1933, pp. 50– consistently within Long Pine Key BCNP (Bradley 2007, pers. comm.). 51). Subsequent authors (Hitchcock (Bradley and Gann 1999, p. 49). Although its preferred habitats are fire- 1935, p. 561; Webster & Hatch 1990, p. A single Digitaria pauciflora plant dependent and flood adapted, large- 161; Wunderlin 1998) have retained it was discovered in 1995, within marl scale wildfire and flooding can in the genus Digitaria (Bradley and prairie habitat at the Martinez Pinelands drastically reduce the size of D. Gann 1999, p. 49). D. pauciflora was in the Richmond Pine Rocklands, an pauciflora populations. For example, in absent from collections from 1939 until area of Miami-Dade County that retains the spring months of 2016, extensive 1973, when it was rediscovered in ENP the largest contiguous areas of pine wildfires in areas occupied by D. (Bradley and Gann 1999, p. 49). rockland habitat outside of the pauciflora likely reduced populations in The online Atlas of Florida Vascular Everglades. However, this plant has ENP over a greater area than managed Plants uses the name Digitaria since disappeared (Herndon 1998, p. 88; by prescribed fire in an average year. pauciflora (Wunderlin and Hansen Bradley and Gann 1999, p. 49; Gann The populations will likely rebound;

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however, regeneration could be severely Digitaria pauciflora populations remain 1999, p. 25; Gann 2015, p. 167). While hampered, based on the amount and abundant within ENP and BCNP, these D. pauciflora was known to occur duration of flooding during the region’s areas represent only half of the species’ throughout Miami-Dade County, all late summer storm season. While historical range (Bradley and Gann other populations are likely extirpated.

TABLE 2—SUMMARY OF THE STATUS OF THE KNOWN OCCURRENCES OF DIGITARIA PAUCIFLORA

Population Ownership Most recent population estimate Status

Everglades National Park ...... National Park Service ...... 100,000–200,000 (2015) 14 ...... Extant. Camp Everglades ...... Boy Scouts of America ...... 100–1,000 (2016) 2 ...... Extant. Big Cypress National Preserve ...... National Park Service ...... >10,000 (2007) 3 ...... Extant. Martinez Pineland ...... Miami-Dade County ...... 0 (1999) 23 ...... Extirpated. Cutler and Longview Camp ...... Unknown ...... Unknown (1903) 3 ...... Extirpated. Jenkins Homestead ...... Unknown ...... Unknown (date unspecified) 3 ...... Extirpated. South Miami ...... Unknown ...... Unknown (1939) 3 ...... Extirpated. 1 Gann 2015, p. 142. 2 Lange 2016, pers. comm. 3 Bradley 2007, pers. comm. 4 Maschinski and Lange 2015, p. 18.

Biology Chamaesyce deltoidea ssp. pinetorum while Chamaesyce deltoidea ssp. (pineland sandmat) serpyllum is endemic to Big Pine Key. Life History and Reproduction: Little Wunderlin and Hansen (2016, p. 1) Species Description is known about the life history of follow Herndon’s treatment in using C. Digitaria pauciflora, including Chamaesyce deltoidea ssp. pinetorum deltoidea ssp. pinetorum. Some modern pollination biology, seed production, or is an ascending to erect perennial herb. authors place the genus Chamaesyce dispersal. Reproduction is sexual, with The stems are hairy and often reddish. into the genus Euphorbia sensu lato new plants generated from seeds The leaf blades range from kidney- (Yang and Berry 2011, pp. 1486–1503). (Bradley and Gann, 1999, p. 53). The shaped or triangle-shaped and elliptic to Gann (2015, p. 168) indicates that if species produces flowers from summer oval. The fruit is a 2-mm broad, placed into the genus Euphorbia, the to late fall on both new and older pubescent capsule. The seeds are 1 mm correct name of pineland sandmat is growth, some plants have been observed long, transversely wrinkled, and Euphorbia deltoidea ssp. pinetorum. to finish seeding as late as December yellowish in color (Small 1933, p. 795). The online Atlas of Florida Vascular (Fellows et al. 2002, p. 2; Gann 2015, p. C. deltoidea ssp. pinetorum reproduces Plants uses the name Chamaesyce 172). Plants can also spread clonally via sexually (Bradley and Gann 1999, p. 25). deltoidea ssp. pinetorum (Small) rhizomes (Webster and Hatch, 1990, pp. Fruit production is year-round, with a Herndon (Wunderlin and Hansen 2016, 161–162). The plants can stand partial peak in the fall (Wendelberger and p. 1). NatureServe (2016, p. 1) and inundation with fresh water for a Maschinski 2006, p. 2). FDACS (Coile and Garland 2003, p. 11) portion of the year, but do not tolerate Taxonomy indicate that C. deltoidea ssp. salinity. pinetorum is accepted. However, the Chamaesyce deltoidea ssp. pinetorum Integrated Taxonomic Information Fire Ecology and Demography: was first described by Small in 1905, System (ITIS 2016, p. 1) accepts Digitaria pauciflora population based on specimens collected in eastern Euphorbia deltoidea ssp. pinetorum as demographics or longevity have not Miami-Dade County (Small 1905, pp. the scientific name for the subspecies been studied (Bradley and Gann, 1999, 429–430). Initially, Small referred to (Gann 2015, p. 168). We have carefully p. 53; Fellows et al. 2002, p. 2). There these specimens as C. pinetorum but reviewed all taxonomic data to have been no studies of the plant’s recognized that it was closely related to determine that C. deltoidea ssp. relationship to fire; however, periodic Chamaesyce deltoidea. Herndon (1993, pinetorum is a valid taxon. fire is extremely important to pp. 38–51) included C. pinetorum Climate maintaining habitat for this species within the C. deltoidea complex, which (Bradley and Gann, 1999, p. 53; ENP is composed of three other taxa, two The climate of south Florida where 2014, p. 226). Therefore, historical occurring farther north on the Miami Chamaesyce deltoidea ssp. pinetorum declines have been partially attributed Rock Ridge, and one occurring on Big occurs is classified as tropical savanna, to habitat loss from fire suppression or Pine Key in the lower Florida Keys as described above for Sideroxylon (Monroe County). The three taxa on the inadequate fire management. The reclinatum ssp. austrofloridense. Miami Rock Ridge have distinct, but species shows patch dynamics, adjacent, ranges. Subsequently, Habitat colonizing new areas and undergoing Herndon (1993, pp. 38–51) has placed Chamaesyce deltoidea ssp. pinetorum local extinctions with high rates of all four taxa at the same taxonomic occurs in pine rocklands (Bradley and turnover (Gann 2015, p. 142). Plants level, treating each as a distinct Gann 1999, p. 24). Pine rocklands are with ‘‘flashy’’ or ‘‘boom and bust’’ subspecies under Chamaesyce deltoidea maintained by regular fire, and are demographic patterns are more (C. deltoidea ssp. pinetorum, C. prone to annual flooding for several susceptible to stochastic extinction deltoidea ssp. serpyllum, C. deltoidea months during the wet season (Gann et events. ENP has burned populations of ssp. adhaerens, and C. deltoidea ssp. al. 2006, p. 13). However, C. deltoidea D. pauciflora during the wet and dry deltoidea). Chamaesyce deltoidea ssp. ssp. pinetorum generally occurs in season, and both appear suitable to deltoidea and C. deltoidea ssp. higher elevation pine rocklands at Long maintain populations of the plant (ENP adhaerens occur north of known C. Pine Key in ENP, in areas rarely subject 2014, p. 226). deltoidea ssp. pinetorum populations, to flooding (Gann 2015, p. 169).

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A detailed description of pine well as several County-owned 1996, p. 2). The total population size of rockland habitat is discussed in the conservation lands adjacent to the ENP Chamaesyce deltoidea ssp. pinetorum is proposed listing rule (81 FR 70282; (Gann 2015, p. 167). All known estimated to be 14,500–146,000 October 11, 2016). historical and current records for individuals, with the majority of the Chamaesyce deltoidea ssp. pinetorum Historical Range population occurring on Long Pine Key are summarized in Table 3, below. (Bradley and Gann 1999, p. 25; Gann Chamaesyce deltoidea ssp. pinetorum 2015, p. 167). However, while occurred historically only with the Current Range, Population Estimates, Chamaesyce deltoidea ssp. pinetorum is southern portion of the Miami Rock and Status Ridge, from Homestead to the Long Pine The current range of Chamaesyce most abundant within ENP, pine Key region of ENP, a range of deltoidea ssp. pinetorum is similar to rockland fragments outside of the approximately 42 mi (67.6 km) (Bradley the historical range, although 98 percent Everglades represent about half the and Gann 1999, p. 24). C. deltoidea ssp. of the pine rocklands (the species’ only subspecies’ extant range (Bradley and pinetorum has been encountered habitat) outside of the ENP has been lost Gann 1999, p. 25; Bradley 2007, pers. consistently within Long Pine Key, as to development (Kernan and Bradley comm.; Gann 2015, p. 167).

TABLE 3—SUMMARY OF THE STATUS OF THE KNOWN OCCURRENCES OF CHAMAESYCE DELTOIDEA SSP. PINETORUM

Most recent Population Ownership population estimate Status

Everglades National Park ...... National Park Service ...... 10,000–100,000 (2011) 5 ...... Extant. Camp Everglades ...... Boy Scouts of America ...... Unknown ...... Extant.1 Florida City Pineland ...... Miami-Dade County ...... 33 (2009) 2 ...... Extant. Navy Wells ...... Miami-Dade County ...... 1,000–10,000 (2007) 23 ...... Extant. Navy Wells #39 ...... Miami-Dade County ...... 500 or more (2013) 2 ...... Extant. Palm Drive Pineland ...... Miami-Dade County ...... 0 (2012) 2 ...... Possibly Extir- pated. Pine Ridge Sanctuary ...... Private ...... 10–100 (2011) 34 ...... Extant. Rock Pit #39 ...... Miami-Dade County ...... 419 (2012) 2 ...... Extant. Seminole Wayside Park ...... Miami-Dade County ...... 614 (2015) 2 ...... Extant. Fuchs Hammock Addition ...... Miami-Dade County ...... ∼20 (2011) 2 ...... Extant. Sunny Palms Pineland ...... Miami-Dade County ...... 1,000–10,000 (2015) 2 ...... Extant. John Kunkel Small Pineland ...... Institute for Regional Conservation ...... Present (2006) 23 ...... Extant. Natural Forest Community (NFC) P–330 private ...... 11–100 (2007) 3 ...... Extant. NFC P–338 ...... private ...... 1,001–10,000 (2007) 3 ...... Extant. NFC P–339 ...... private ...... 11–100 (2007) 3 ...... Extant. NFCP–347 ...... private ...... 11–100 (2007) 3 ...... Extant. NFCP–411 ...... private ...... 101–1,000 (2007) 3 ...... Extant. NFCP–413 ...... private ...... 11–100 (2007) 3 ...... Extant. NFCP–416 ...... private ...... 11–100 (2007) 3 ...... Extant. NFCP–445 ...... private ...... 1,001–10,000 (2007) 3 ...... Extant. 1 Lange 2016, pers. comm. 2 Possley 2017, pers. comm. 3 Bradley 2007, pers. comm. 4 FNAI 2011. 5 Gann 2015, p. 167.

Biology seed production, while others are self- water for a portion of the year, but do pollinating (Maschinski et al. 2003, p. not tolerate salinity. Life History and Reproduction: Little 179; Gann 2015, p. 168). Pollinators may Fire Ecology and Demography: There is known about the life history of include bees, flies, ants, and wasps have been no studies of Chamaesyce Chamaesyce deltoidea ssp. pinetorum. (Ehrenfeld 1979, p. 95; Gann 2015, p. deltoidea ssp. pinetorum demographics. Reproduction is sexual, but little is 168). Dispersal is unknown for However, the subspecies is not shade known about the reproductive biology Chamaesyce deltoidea ssp. pinetorum; tolerant, and it requires periodic low- and ecology of the subspecies (Bradley however, many seed capsules in similar intensity fires to reduce competition by and Gann 1999, p. 25; Gann 2015, p. Chamaesyce species are explosively woody species to maintain habitat 167). Herndon (1998, pp. 13–14) found dehiscent, a form of dispersal that flings (Bradley and Gann 1999, p. 26; ENP up to 88 percent of plants survived more seeds far from the parent plant 2014, p. 170). Therefore, historical than 3 years, showing that it is a (Maschinski et al. 2003, p. 179; Gann declines have been partially attributed somewhat long-lived taxon. The 2015, p. 168). Chamaesyce deltoidea to habitat loss from fire suppression or extensive root system of C. deltoidea ssp. pinetorum is thought to have a inadequate fire management. ssp. pinetorum also suggests that it is a similar, but reduced, level of dispersal long-lived plant (Maschinski et al. 2003, (Lange 2016, pers. comm.). This species Dalea carthagenensis var. floridana p. 179). Some of the plants recorded as is known to flower and fruit year round (Florida prairie-clover) dead during surveys may have instead (Wendelberger and Maschinski 2006, p. Species Description been in a cryptic phase (Herndon 1998, 2). Peaks in fruiting for C. deltoidea ssp. pp. 13–14); Gann 2015, p. 167). pinetorum occur in the fall and are Dalea carthagenensis var. floridana is Pollinators are unknown; some other stimulated by fire (Wendelberger and a short-lived (less than 8 years) species of Chamaesyce are completely Maschinski 2006, p. 2). The plants can perennial shrub that is 2.6 to 9.8 ft (0.8 reliant on insects for pollination and stand partial inundation with fresh to 3.0 m) tall with a light brown woody

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stem and non-woody, light brown or Climate lands within the Cutler Bay region of reddish branches. The leaves are The climate of south Florida where Miami-Dade County (Maschinski et al. composed of 9 to 15 oval, gland-tipped Dalea carthagenensis var. floridana 2014, p. 39) leaflets, and are gland-dotted on the occurs is classified as tropical savanna In 1999, Dalea carthagenensis var. underside. The flowers are in small as described above for Sideroxylon floridana was rediscovered within loose heads at ends of hairy, glandular reclinatum ssp. austrofloridense. BCNP (Bradley and Gann 1999, p. 42). stalks, less than 0.4 in long. The flower Maschinski et al. (2014, p. 31) color is white and maroon; each of the Habitat subsequently surveyed the four extant petals is different lengths and shapes. Dalea carthagenensis var. floridana populations on BCNP, finding two of The fruit is a small one-seeded pod, grows in pine rockland, rockland them. An area north of Oasis Visitor mostly enclosed by the hairy, gland- hammock, marl prairie, and coastal Center contained 236 plants (of various dotted calyx (bracts at base of each berm, and in the ecotones between these ages) and represents the largest extant flower) (adapted from Long and Lakela habitats (Bradley and Gann 1999, p. 43). population within BCNP. The second 1971, p. 478; Bradley and Gann 1999, p. It occurs in sparsely vegetated, well-lit, extant population was in the Pinecrest 42; Maschinski et al. 2014, p. 44). open areas that are maintained by region (along Loop Road) of BCNP, an disturbance. However, the dynamic historical location within the Park; Taxonomy nature of the habitat means that areas however, only 17 plants were Chapman (1886, p.102) was the first not currently open may become open in encountered. D. carthagenensis var. to report this taxon in Florida, calling it the future as a result of canopy floridana was not found at 11-Mile the tropical Dalea domingensis, based disruption from hurricanes or invasive Road, nor at a second location along on specimens collected on Key plant management, while areas Loop Road, during the surveys. Biscayne. Small (1913, p. 89) accepted currently open may develop more dense Extensive surveys of extant Dalea this epithet but included the taxon in canopy over time, eventually rendering carthagenensis var. floridana the genus Parosela, making the plant P. that portion of the hammock unsuitable populations at Charles Deering Estate, domingensis. Rydberg (1920, p. 114) for D. carthagenensis var. floridana. RHMP, and Crandon Park within renamed the plant, calling it Parosela Detailed descriptions of pine rockland, Miami-Dade County have been conducted over the past decade floridana, which was retained by Small marl prairie, rockland hammock, and (Maschinski et al. 2014, pp. 31–34). (1933, pp. 694–695). Clausen (1946a, p. coastal berm habitats are discussed in During 2003 to 2007, the population at 85) reviewed the taxonomy of Florida the proposed listing rule (81 FR 70282; Charles Deering Estate ranged from and West Indian Dalea and considered October 11, 2016). The species may also between 50 and 80 individuals, with the them all to be the same species. Clausen occur along roadsides within these number of seedlings ranging from 3 to (1946a, p. 85) also found that the name habitats (Gann et al. 2006, p. 10). A 54. However, beginning in 2008, studies D. domingensis was a homonym of D. detailed description of roadside habitat documented pulses in seedling emphysodes, and published the name D. is presented in the proposed listing rule establishment (Maschinski et al. 2014, emphysodes ssp. domingensis. Clausen (81 FR 70282; October 11, 2016). p. 33). In 2010, the total population size (1946b, p. 572) later discovered that his Historical Range (seedlings and woody plants) was 356 use of the name D. emphysodes was in The historical range of Dalea individuals. The majority of these were error, and renamed the plants D. seedlings and basal re-sprouts from a carthagenensis ssp. domingensis. Long carthagenensis var. floridana includes Miami-Dade, Monroe, Collier, and Palm fire that affected approximately one- and Lakela (1971, p. 478) accepted this Beach Counties (Gann et al. 2015, pp. third of the population (Maschinski et usage. Barneby (1977), in a monograph 25–26). There have been no reports of al. 2010, p. 24). A 2014 survey found of the genus, also found that Florida this plant from Palm Beach County 347 plants (Maschinski et al. 2015, p. plants were distinct from West Indian since 1918 (Bradley and Gann 1999, p. 30). However, the population declined plants, citing differences in leaf 42). In Miami-Dade County, the plant to 164 and 170 in 2016 and 2017, characters, naming the Florida species has been extirpated from a number of respectively (Lange et al. 2016, p. 10; D. carthagenensis var. floridana. historical locations, including Castellow Possley 2017, pers. comm.). Wunderlin (1998) has followed this Hammock, ENP, the Coral Gables area, The population at RHMP declined treatment. pinelands south of the Miami River, and from 31 plants in 2004 to just 1 woody The Integrated Taxonomic Cox Hammock (Bradley and Gann 1999, plant and 3 seedlings in 2008. In 2009, Information System (2016, p. 1) pp. 42–43; Bradley 2007, pers. comm.; Fairchild Tropical Botanic Garden indicates that the taxonomic standing Maschinski et al. 2014, p. 39). Gann et (FTBG) initiated reintroduction of Dalea for Dalea carthagenensis var. floridana al. (2002, pp. 408–411) accounted for carthagenensis var. floridana at RHMP, (Rydb.) Barneby is accepted. The online essentially every herbarium specimen documenting 52 established plants from Atlas of Florida Vascular Plants and reliable sighting. D. carthagenensis the 6,000 seeds sown (Maschinski et al. (Wunderlin and Hansen 2016, p. 1) uses var. floridana is presumed to be 2015, p. 30). Subsequently, those plants the name D. carthagenensis var. extirpated within ENP (Gann 2015, pp. have reproduced, resulting in several floridana, as does NatureServe (2016, p. 25–26). All known historical and generations of Dalea carthagenensis var. 1). FDACS uses the name Dalea current records for D. carthagenensis floridana within the reintroduction area. carthagenensis and notes that D. var. floridana are summarized below in A density of 350 individuals was carthagenensis var. floridana is endemic Table 4. recorded in early 2017 (Possley 2017, (Coile and Garland 2003, p. 17). In pers. comm.) at this location. summary, there is consensus that D. Current Range, Population Estimates, In 2003, Dalea carthagenensis var. carthagenensis var. floridana is a and Status floridana was rediscovered within distinct taxon. We have carefully The current range of Dalea coastal uplands at Crandon Park for the reviewed the available taxonomic carthagenensis var. floridana includes first time since 1966 (Maschinski et al. information to reach the conclusion that BCNP (Monroe and Collier Counties), 2010, p. 28). The population at Crandon D. carthagenensis var. floridana is a three Miami-Dade County conservation Park appears to be stable; however, it is valid taxon. areas, and three additional unprotected highly localized to a small area of

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approximately 145 square miles site (Maschinski 2007, pers. comm.; identified 288, 168, and 416 (Possley and Maschinski 2009, p. 10). Possley and Maschinski 2009, p. 10). individuals, in 2014, 2015, and 2016 During 2007, FTBG initiated a Subsequent surveys have shown the respectively (Maschinski et al. 2015, p. demographic study of D. carthagenensis population to vary considerably, 32; Lange et al. 2016, p. 12). Additional var. floridana. Sampling plots found 200 possibly due to a short lifespan or plant known populations within Miami-Dade plants of various sizes resulting in a dormancy (Possley and Maschinski County are summarized below in population estimate of 966 plants at the 2009, p. 10). Surveys at Crandon Park Table 4.

TABLE 4—SUMMARY OF THE STATUS OF THE KNOWN OCCURRENCES OF DALEA CARTHAGENENSIS VAR. FLORIDANA

Most recent Population Ownership population estimate Status

Everglades National Park ...... National Park Service ...... Extirpated (1964). Big Cypress National Preserve, North of National Park Service ...... 236 (2014) 1 ...... Extant. Oasis Visitor Center. Big Cypress National Preserve, 11-Mile National Park Service ...... 0 (2014) 1 ...... Extirpated Road. (2014). Big Cypress National Preserve, National Park Service ...... 17 (2014) 1 ...... Extant. Pinecrest. Charles Deering Estate ...... Miami-Dade County ...... 170 (2017) 5 ...... Extant. Virginia Key ...... City of Miami ...... 4 (2010) 2 ...... Extant. R. Hardy Matheson Preserve ...... Miami-Dade County ...... 350 (2017) 2 ...... Extant. Crandon Park ...... Miami-Dade County ...... 416 (2016) 3 ...... Extant. Strawberry Fields Hammock (next to Private ...... 17 (2014) 4 ...... Extant. Natural Forest Community). Florida Department of Health and Reha- Private ...... 21 (2014) 4 ...... Extant. bilitative Services. Florida Power and Light property ...... Private ...... 2–10 (2007) 4 ...... Extant. Coral Gables area ...... Private ...... Extirpated (1967).6 Cox Hammock ...... Private ...... Extirpated (1930).6 Castellow Hammock Preserve ...... Miami-Dade County ...... Extirpated (1975).6 Pineland South of Miami River ...... Unknown ...... Unknown ...... Unknown.6 Palm Beach County ...... Private ...... Extirpated (1918).6 1 Maschinski et al. (2014, p. 31). 2 Maschinski et al. (2015, pp. 30–33). 3 Lange et al. (2016, p. 12). 4 Maschinski et al. (2014, p. 39). 5 Possley 2017, pers. comm. 6 Bradley 2007, pers. comm.

Biology analysis (PVA) (Maschinski et al. 2014). winter 2010, seedling mortality was Life History and Reproduction: Dalea The population at Crandon Park high (Maschinski et al. 2014, p. 41). carthagenensis var. floridana appears to declined by 33 percent from 2007 to Fire Ecology and Demography: be a short-lived (less than 8 years) 2009. High seedling recruitment Periodic fire is extremely important to perennial with a persistent seed bank increased numbers in 2010, which maintaining habitat for Dalea (Maschinski et al. 2014, p. 45; Lange et stabilized the population until 2014, carthagenensis var. floridana al. 2016, p.15). D. carthagenensis var. when a pulse of high recruitment (Maschinski et al. 2015, p. 39). The most floridana produces flowers from occurred. The study indicated that 3 recent surveys of RHMP indicated a October to March and fruit ripen from years had declining population growth stable D. carthagenensis var. floridana November to April. The seed maturation and 4 years were stable or increasing, a population, including 295 seedlings that period is January to May, with a peak cyclic pattern characteristic of short- germinated following a prescribed burn in February and March. Larger plants lived species. The PVA indicated that (Maschinski et al, 2015, p. 30). can produce over 500 seeds. Seedling the external cues (temperature and soil Therefore, historical declines have been recruitment varies widely from year to moisture) required to break dormancy partially attributed to habitat loss from year, with lower recruitment in drier positively influenced Dalea fire suppression or inadequate fire years. Seedlings and juveniles carthagenensis var. floridana management. experience rapid growth in their first 2 population dynamics. However, if Summary of Factors Affecting the years (Maschinski et al. 2014, p. 45). coupled with seedling mortality, serious Species The plants can withstand partial population decline resulted. Low winter The Act directs us to determine inundation with fresh water for a temperature coupled with average portion of the year, but do not tolerate whether any species is an endangered rainfall resulted in high seedling salinity. species or a threatened species because Ongoing survey data were used from recruitment and good seedling survival; of any one of five factors affecting its the Crandon Park population to conduct however, if high rainfall followed cold continued existence. In this section, we a preliminary population viability winter temperatures, as was noted for summarize the biological condition of

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each of the plant species and its throughout the Miami metropolitan Sideroxylon reclinatum ssp. resources, and the factors affecting area, isolated from other natural areas austrofloridense are vulnerable to them, to assess the species’ overall (Herndon 1998, p. 1). Habitat loss habitat loss from development. Eight viability and the risks to that viability. continues to occur in these plants’ sites that support the species are public range, and most remaining suitable land, which provides for some Factor A. The Present or Threatened habitat has been negatively altered management and protection. However, Destruction, Modification, or through human activity (illegal clearing, one population on public land, the Curtailment of Its Habitat or Range dumping), preclusion of fire, and county-owned Nixon-Smiley Preserve, Sideroxylon reclinatum ssp. introduction of nonnative species. is extirpated. austrofloridense, Digitaria pauciflora, Significant remaining pine rockland Two extant populations of Digitaria Chamaesyce deltoidea ssp. pinetorum, habitat occurs on private lands and pauciflora are located at ENP and BCNP, and Dalea carthagenensis var. floridana publically owned lands that are not public lands managed for conservation. have experienced substantial dedicated to or managed for The third extant population is located at destruction, modification, and conservation. The species occurring on Camp Everglades, a property within curtailment of their habitat and ranges. this remaining suitable habitat face ENP owned by the Boy Scouts of Specific threats to these plants included threats from habitat loss and America; this property is managed, in in this factor include habitat loss, degradation, and threats are expected to coordination with ENP, for fragmentation, and modification caused accelerate with increased development. conservation. Outside the protected by development (i.e., conversion to both The human population within Miami- lands of ENP and BCNP, Digitaria urban and agricultural land uses) and Dade County is currently greater than pauciflora occurred throughout Miami- inadequate fire management. Each of 2.4 million people, and the population Dade County, including as recently as these threats and its specific effects on is expected to grow to more than 4 1995 within remnant marl prairie these plants are discussed in detail million by 2060, an annual increase of habitats of the Martinez Pineland. below. roughly 30,000 people (Zwick and Carr Martinez Pineland is adjacent to several Human Population Growth, 2006, p. 20). other remnant pine rocklands that form Some of the known populations of Development, and Agricultural the largest contiguous area of pine Sideroxylon reclinatum ssp. Conversion rockland habitat in Miami-Dade County. austrofloridense, Digitaria pauciflora, However, D. pauciflora has since The modification and destruction of Chamaesyce deltoidea ssp. pinetorum, disappeared (Herndon 1998, p. 88; the habitats that support Sideroxylon and Dalea carthagenensis var. floridana Bradley and Gann 1999, p. 49) from reclinatum ssp. austrofloridense, occur on public conservation lands. Martinez Pineland, and plans are being Digitaria pauciflora, Chamaesyce Miami-Dade County has developed a reviewed for development of private deltoidea ssp. pinetorum, and Dalea network of publicly owned conservation portions (see discussion of Richmond carthagenensis var. floridana has been lands within Miami-Dade County, but Pine Rocklands, below). Three other extreme in most areas of Miami-Dade prescribed fire is lacking at many of historical occurrences in Miami-Dade and Monroe Counties, thereby reducing these sites. ENP and BCNP actively County had been documented; however, the plants’ current range and abundance manage their respective pine rockland D. pauciflora is extirpated from these in Florida. The pine rockland habitat with prescribed fire. However, sites; the four historical sites comprise community of south Florida, in which any extant populations of these plants half of the species’ historical range these species primarily occur, is or suitable habitat that may occur on (Bradley and Gann 1999, p. 25; Gann critically imperiled locally and globally non-conservation public or private land, 2015, p. 167). Surveys did not document (FNAI 2010, p. 27). Destruction of pine such as within the Richmond Pine other extant D. pauciflora populations rocklands and rockland hammocks has Rocklands, are vulnerable to habitat loss along FDOT rights-of-way within occurred since the beginning of the directly from development or indirectly Miami-Dade and Monroe Counties 1900s. Extensive land clearing for by lack of management. (Gordon et al. 2007, pp. 1, 38). human population growth, The marl prairie habitat that also Eight populations of Chamaesyce development, and agriculture in Miami- supports Sideroxylon reclinatum ssp. deltoidea ssp. pinetorum located on Dade and Monroe Counties has altered, austrofloridense, Digitaria pauciflora, private land are vulnerable to habitat degraded, or destroyed thousands of Chamaesyce deltoidea ssp. pinetorum, loss due to development. Ten extant acres of these once abundant and Dalea carthagenensis var. floridana populations occur on public land and ecosystems. has similarly been destroyed by the are largely protected from development. In Miami-Dade County, development rapid development of Miami-Dade and Dalea carthagenensis var. floridana and agriculture have reduced pine Monroe Counties. At least some of the has been extirpated from a number of rockland habitat by 90 percent in occurrences reported from this habitat historical locations within Miami-Dade mainland south Florida. Pine rockland may be the result of colonization that County, including ENP for unknown habitat in Miami-Dade County, occurred after the habitat was artificially reasons, and by development at including ENP, was reduced to about 11 dried-out due to local or regional Castellow Hammock, in the Coral percent of its natural extent, from drainage. Marl prairie on non- Gables area, the pinelands south of the approximately 74,000 hectares (ha) conservation public or private land Miami River, and Cox Hammock (183,000 acres (ac)) in the early 1900s, remains vulnerable to development, (Bradley and Gann 1999, pp. 42–43; to only 8,140 ha (20,100 ac) in 1996 which could lead to the loss of Maschinski et al. 2014, p. 39). In (Kernan and Bradley 1996, p. 2). The populations of these species. addition, there have been no reports of largest remaining intact pine rockland Sideroxylon reclinatum ssp. D. carthagenensis var. floridana from (approximately 2,313 ha (5,716 ac)) is austrofloridense occurs in numerous Palm Beach County since 1918, and this Long Pine Key in ENP. Outside of ENP, pine rocklands outside of ENP within area is now densely developed (Bradley only about 1 percent of the pine Miami-Dade County, most of which are and Gann 1999, p. 42). Six populations rocklands on the Miami Rock Ridge impacted by some degree by occur on public lands and are protected have escaped clearing, and much of development. Two privately owned from development. Three extant what is left are small remnants scattered sites in Miami-Dade County supporting populations occur on private land and

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are vulnerable to habitat loss from (although some small fragments (Rathcke and Jules 1993, p. 275; development. However, because this is supported nearly as many species as the Goverde et al. 2002, pp. 297–298; Harris a highly localized plant, which is largest fragment) in south Florida pine and Johnson 2004, pp. 33–34). difficult to survey for, it is possible that rocklands (Possley et al. 2008, p. 385). The effects of fragmentation on fire go additional extant populations exist Composition of fragmented habitat beyond edge effects and include (Lange 2016, pers. comm.). typically differs from that of intact reduced likelihood and extent of fires, Currently, there are plans to develop forests, as isolation and edge effects and altered behavior and characteristics 55 ha (137 ac) of the largest remaining increase leading to increased abundance (e.g., intensity) of those fires that do parcel of pine rockland habitat in of disturbance-adapted species (weedy occur. Habitat fragmentation encourages Miami-Dade County, the Richmond Pine species, nonnative invasive species) and the suppression of naturally occurring Rocklands, with a shopping center and lower rates of pollination and propagule fires, and has prevented fire from residential construction (Ram 2014, p. dispersal (Laurence and Bierregaard moving across the landscape in a 2). This parcel has been called the ‘‘the 1997, pp. 347–350.; Noss and Csuti natural way, resulting in an increased largest and most important area of pine 1997, pp. 284–299). The degree to amount of habitat suffering from these rockland in Miami-Dade County outside which fragmentation negatively impacts negative impacts. High fragmentation of of Everglades National Park’’ (Bradley the dispersal abilities of Sideroxylon small habitat patches within an urban and Gann 1999, p. 4). Although reclinatum ssp. austrofloridense, matrix discourages the use of prescribed Digitaria pauciflora is extirpated from Digitaria pauciflora, Chamaesyce fire as well due to logistical difficulties Richmond Pine Rocklands, populations deltoidea ssp. pinetorum, and Dalea (see ‘‘Fire Management,’’ below). of Sideroxylon reclinatum ssp. carthagenensis var. floridana is Forest fragments in urban settings are austrofloridense, along with numerous unknown. In the historical landscape, also subject to increased likelihood of other federally listed species, still occur where pine rockland occurred within a certain types of human-related there. The Miami-Dade County mosaic of wetlands, water may have disturbance, such as the dumping of Department of Environmental Resources acted as a dispersal vector for all pine trash (Chavez and Tynon 2000, p. 405) Management (DERM) has completed a rockland seeds. In the current and illegal clearing. The many effects of management plan for portions of the fragmented landscape, this type of habitat fragmentation may work in Richmond Pine Rocklands under a grant dispersal would no longer be possible concert to negatively impact the local from the Service and is leading the for any of the Miami-Dade populations, persistence of a species, especially in restoration and management of the because they exist in isolated habitat small populations (see discussion Richmond Pine Rocklands (Bradley and patches surrounded by miles of below); when a species’ range of Gann 1999, p. 4). The developer has unsuitable habitat (agriculture and occurrence is limited, as with these four plants, threats to local persistence proposed to enter into a habitat urban development) on every side. increase extinction risk. conservation plan (Ram 2014, p. 2) in While additional dispersal vectors may conjunction with their plans to develop include animals and (in certain Fire Management their portion of the site and was locations) mowing equipment, it is required by Miami-Dade County Natural One of the primary threats to likely that fragmentation has effectively Sideroxylon reclinatum ssp. Forest Community (NFC) regulations to reduced these plants’ ability to disperse. set aside and manage 17 ha (43 ac) of austrofloridense, Digitaria pauciflora, pine rockland and associated habitats. A While pollination research has not Chamaesyce deltoidea ssp. pinetorum, second project that would result in the been conducted for Sideroxylon and Dalea carthagenensis var. floridana loss of pine rockland habitat has been reclinatum ssp. austrofloridense, is habitat modification and degradation proposed for the Richmond Pine Digitaria pauciflora, Chamaesyce through inadequate fire management, Rocklands. It includes expanding the deltoidea ssp. pinetorum, and Dalea which includes both the lack of Miami Zoo complex to develop an carthagenensis var. floridana, research prescribed fire and suppression of amusement park and commercial regarding other species and ecosystems natural fires. Where the term ‘‘fire- entities. These development projects provides valuable information regarding suppressed’’ is used below, it describes will result in the loss of pine rockland potential effects of fragmentation to degraded pine rockland conditions habitat that maintains a population of these plants. Effects of fragmentation resulting from a lack of adequate fire Sideroxylon reclinatum ssp. may include changes to the pollinator (natural or prescribed) in the landscape. austrofloridense as well as several community as a result of limitation of Historically, frequent (approximately federally listed species, and may pollinator-required resources (e.g., twice per decade), lightning-induced preclude future recovery options for the reduced availability of rendezvous fires were a vital component in four plants (such as compromising the plants, nesting and roosting sites, and maintaining native vegetation and land managers’ ability to burn within nectar/pollen); these changes may ecosystem functioning within south Richmond Pine Rocklands). include changes to pollinator Florida pine rocklands (see the community composition, species ‘‘Habitat’’ discussion under the heading Habitat Fragmentation abundance and diversity, and pollinator Sideroxylon reclinatum ssp. The remaining pine rocklands in the behavior (Rathcke and Jules 1993, pp. austrofloridense, above). A period of Miami metropolitan area are severely 273–275; Kremen and Ricketts 2000, p. just 10 years without fire may result in fragmented and isolated from each 1227; Harris and Johnson 2004, pp. 30– a marked decrease in the number of other. Habitat fragmentation reduces the 33). As a result, plants in fragmented herbaceous species due to the effects of size of plant populations and increases habitats may experience lower visitation shading and litter accumulation (FNAI spatial isolation of remnants. The effects rates, which in turn may result in 2010, p. 63). Exclusion of fire for of fragmentation on Angadenia berteroi reduced seed production of the approximately 25 years will likely result (pineland golden trumpet) show that pollinated plant (which may lead to in gradual hammock development over abundance and fragment size were reduced seedling recruitment), reduced that time period, leaving a system that positively related (Barrios et al. 2011, p. pollen dispersal, increased inbreeding, is very fire resistant if additional pre-fire 1062). Plant species richness and reduced genetic variability, and management (e.g., mechanical fragment size are positively correlated ultimately reduced population viability hardwood removal) is not undertaken.

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Today, natural fires are unlikely to grasses, and herbs all contribute to an dry season. Long-term maintenance of occur or are likely to be suppressed in ever-increasing layer of leaf litter, populations in those areas indicates that the remaining, highly fragmented pine covering herbs and preventing either practice will sustain populations rockland habitat. The suppression of germination, as discussed above. Leaf of these species. natural fires has reduced the size of the litter will continue to accumulate even Federal (Service, National Park areas that burn, and habitat if hardwoods are removed Service [NPS]), State (Florida fragmentation has prevented fire from mechanically. In addition, the ashes left Department of Environmental Protection moving across the landscape in a by fires provide important post-fire (FDEP), Florida Fish and Wildlife natural way. Without fire, successional nutrient cycling, which is not provided Conservation Commission (FWC)), and climax from pine rockland to rockland via mechanical removal. County (Miami-Dade, DERM) land hammock takes 10 to 25 years, and Studies on the impacts of fire on managers, and nonprofits (Institute for displacement of native species by Sideroxylon reclinatum ssp. Regional Conservation (IRC)) implement invasive, nonnative plants often occurs. austrofloridense, Digitaria pauciflora, prescribed fire on public and private All occurrences of Sideroxylon Chamaesyce deltoidea ssp. pinetorum, lands within the ranges of Sideroxylon reclinatum ssp. austrofloridense, and Dalea carthagenensis var. floridana reclinatum ssp. austrofloridense, Digitaria pauciflora, Chamaesyce are ongoing. Fire is critical in Digitaria pauciflora, Chamaesyce deltoidea ssp. pinetorum, and Dalea maintaining the open understory and deltoidea ssp. pinetorum, and Dalea carthagenensis var. floridana are species diversity in pine rocklands and carthagenensis var. floridana. Even in affected by some degree from marl prairies where these species occur, areas under active management, some inadequate fire management, with the as well as to reduce populations of portions are typically fire-suppressed. primary threat being shading by nonnative plant species. Fire maintains Nevertheless, all of these sites retain a hardwoods (Bradley and Gann 1999, p. the ecotone (transition) between saw contingent of native species and a 15; Bradley and Gann 2005, entire). grass marsh, pine rockland, and seedbank capable of responding to fire. Shading may also be caused by a fire- rockland hammock habitats where S. While ENP, BCNP, and various suppressed (and, in some cases, reclinatum ssp. austrofloridense grows. Miami-Dade County conservation lands planted) pine canopy that has evaded It is anticipated that some natural (e.g., Navy Wells Pineland Preserve) the natural thinning effects that fire has mortality of Sideroxylon reclinatum ssp. each attempt to administer prescribed on seedlings and smaller trees, for austrofloridense, Digitaria pauciflora, burns, the threat of inadequate fire example, as is seen on the pine rockland Chamaesyce deltoidea ssp. pinetorum, management still remains. The pine habitat on the Miami Rock Ridge (Gann and Dalea carthagenensis var. floridana rocklands in the Long Pine Key region 2013, pers. comm.). Understory plants may occur from fire, especially more of ENP remained largely fire-suppressed such as Sideroxylon reclinatum ssp. intense fires. S. reclinatum ssp. for the past decade as ENP updated its austrofloridense, Digitaria pauciflora, austrofloridense and C. deltoidea ssp. fire management plan. Although Chamaesyce deltoidea ssp. pinetorum, pinetorum grow in wet marl soils and prescribed fire was returned to Long and Dalea carthagenensis var. floridana soil deposits within cracks in the Pine Key in early 2016, many areas are shaded out after just 10 years limestone bedrock, which provides retained substantial amounts of without fire, by hardwoods and protection to the roots and allow plants unburned understory vegetation. As a nonnatives alike. to resprout following fire. C. deltoidea result, despite reintroduction of a fire Whether the dense canopy is ssp. pinetorum, in particular, possesses regime, several large-scale wildfires composed of pine, hardwoods, a well-developed rootstock that is ignited during the spring months of nonnatives, or a combination, seed protected from fire (ENP 2014, p. 203). 2016, which burned up to 50 percent of germination and establishment are Herndon (1998, p. 28) pointed out that the pine rocklands in Long Pine Key. inhibited in fire-suppressed habitat due the life history of C. deltoidea ssp. Ultimately, this combination of to accumulated leaf litter, which also pinetorum includes a cryptic stage, prescribed burns and natural fires (if not changes soil moisture and nutrient making interpretation of mortality of too hot or lasting too long) is likely to availability (Hiers et al. 2007, pp. 811– aboveground parts difficult. improve conditions for Sideroxylon 812). This alteration to microhabitat can Sideroxylon reclinatum ssp. reclinatum ssp. austrofloridense, also inhibit seedling establishment as austrofloridense, Digitaria pauciflora, Digitaria pauciflora, and Chamaesyce well as negatively influence flower and Chamaesyce deltoidea ssp. pinetorum, deltoidea ssp. pinetorum populations fruit production (Wendelberger and and Dalea carthagenensis var. floridana within ENP. For example, at 3 to 6 Maschinski 2009, pp. 849–851), thereby demonstrate differences in mortality or months post-burn, these species appear reducing sexual reproduction in fire- long-term population impacts as a result to be recolonizing burned areas (Sadle adapted species such as Sideroxylon of wet or dry season burns. Indirect 2016, pers. comm.; Salvato 2016, pers. reclinatum ssp. austrofloridense, evidence suggests that burning in either obs.). However, this chain of events also Digitaria pauciflora, Chamaesyce season is suitable to maintain demonstrates the threat prolonged or deltoidea ssp. pinetorum, and Dalea populations of S. reclinatum ssp. insufficient fire management may pose carthagenensis var. floridana (Geiger austrofloridense, Digitaria pauciflora, to local populations of an imperiled 2002, pp. 78–79, 81–83). and C. deltoidea ssp. pinetorum in pine species, even on public conservation After an extended period of rocklands. Prescribed fire in ENP was lands. inadequate fire management in pine originally conducted during the dry While management of some County rocklands, it becomes necessary to season. Fire management was gradually conservation lands includes regular control invading native hardwoods shifted to wet season burning in an burning, other lands remain severely mechanically, as excess growth of native effort to better mimic natural lightning fire-suppressed. Implementation of a hardwoods would result in a hot fire, ignited fire patterns. As a result, prescribed fire program in Miami-Dade which can cause mortality of pines and pinelands and marl prairies in ENP County has been hampered by a destroy the rootstocks and seed banks of where S. reclinatum ssp. shortage of resources, and by logistical other native plants. Mechanical austrofloridense, D. pauciflora, and C. difficulties and public concern related treatments cannot entirely replace fire deltoidea ssp. pinetorum occur have to burning next to residential areas. because pine trees, understory shrubs, been burned in both the wet season and Many homes have been built in a

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mosaic of pine rockland, so the use of prescribed fire and removal of rockland habitats in Miami-Dade prescribed fire in many places has nonnative, invasive plants. Thus, while County. These programs included become complicated because of EEL covenant lands have the potential prescribed burns, nonnative plant potential danger to structures and to provide valuable habitat for these control, light debris removal, hardwood smoke generated from the burns. plants and reduce threats in the near management, reintroduction of pines Nonprofit organizations such as IRC term, the actual effect of these where needed, and development of have similar difficulties in conducting conservation lands is largely determined management plans. One of these prescribed burns due to difficulties with by whether individual land owners programs, called the Pine Rockland permitting and obtaining the necessary follow prescribed EEL management Initiative, includes 10-year cooperative permissions as well as hazard insurance plans and NFC regulations (see ‘‘Local’’ agreements between participating limitations (Gann 2013, pers. comm.). under the Factor D discussion, below). landowners and the Service/IRC to Few private landowners have the means Fee Title Properties: In 1990, Miami- ensure restored areas will be managed and/or desire to implement prescribed Dade County voters approved a 2-year appropriately during that time. fire on their property, and doing so in property tax to fund the acquisition, Although most of these objectives have a fragmented urban environment is protection, and maintenance of natural been achieved, IRC has not been able to logistically difficult and may be costly. areas by the EEL Program. The EEL conduct the desired prescribed burns, One of the few privately owned pine Program purchases and manages natural due to logistical difficulties as discussed rocklands that is successfully managed lands for preservation. Land uses above (see ‘‘Fire Management,’’ above). with prescribed burning is Pine Ridge deemed incompatible with the Connect To Protect Program: FTBG, Sanctuary, located in a more protection of the natural resources are with the support of various Federal, agricultural (less urban) matrix of prohibited by current regulations; State, local, and nonprofit organizations, Miami-Dade, which was last burned in however, the County Commission has established the ‘‘Connect To Protect November 2010 (Glancy 2013, pers. ultimately controls what may happen Network.’’ The objective of this program comm.) and retains populations of both with any County property, and land use is to encourage widespread Sideroxylon reclinatum ssp. changes may occur over time (Gil 2013, participation of citizens to create austrofloridense and Chamaesyce pers. comm.). To date, the Miami-Dade corridors of healthy pine rocklands by deltoidea ssp. pinetorum. Similarly, County EEL Program has acquired a planting stepping stone gardens and extant populations of Dalea total of approximately 313 ha (775 ac) rights-of-way with native pine rockland carthagenensis var. floridana within the of pine rockland and 95 ha (236 ac) of species, and restoring isolated pine privately owned Charles Deering Estate rockland hammocks (Guerra 2015, pers. rockland fragments. By doing this, and County-owned Crandon Park are comm.; Gil 2013, pers. comm.). The EEL FTBG hopes to increase the probability managed with fire. Program also manages approximately that pollination and seed dispersal 314 ha (777 ac) of pine rocklands and vectors can find and transport seeds and Conservation Efforts To Reduce the 639 ha (1,578 ac) of rockland hammocks pollen across developed areas that Present or Threatened Destruction, owned by the Miami-Dade County separate pine rockland fragments to Modification, or Curtailment of Habitat Parks, Recreation and Open Spaces improve gene flow between fragmented or Range Department, including some of the plant populations and increase the Miami-Dade County Environmentally largest remaining areas of pine rockland likelihood that these plants will persist Endangered Lands (EEL) Covenant habitat on the Miami Rock Ridge over the long term. Although these Program: In 1979, Miami-Dade County outside of ENP (e.g., Larry and Penny projects may serve as valuable enacted the Environmentally Thompson Park, Zoo Miami pinelands, components toward the conservation of Endangered Lands (EEL) Covenant and Navy Wells Pineland Preserve), and pine rockland species and habitat, they Program, which reduces taxes for some of the largest remaining areas of are dependent on continual funding, as private landowners of natural forest rockland hammocks (e.g., Matheson well as participation from private communities (NFCs), such as pine Hammock Park, Castellow Hammock landowners, both of which may vary rocklands and tropical hardwood Park, and Deering Estate Park and through time. hammocks, who agree not to develop Preserves). National Park Service Lands: The NPS their property and manage it for a Conservation efforts in Miami’s EEL General Management Plans (GMP) for period of 10 years, with the option to Preserves have been underway for many ENP (NPS 2015) and BCNP (BCNP 2008) renew for additional 10-year periods years. In Miami-Dade County, serve to protect, restore, and maintain (Service 1999, p. 3–177). Although these conservation lands are and have been natural and cultural resources at the temporary conservation easements monitored by FTBG and IRC, in ecosystem level. Although these GMPs provide valuable protection for their coordination with the EEL Program, to are not regulatory, and their duration, they are not considered under assess habitat status and determine any implementation is not mandatory, the Factor D, below, because they are changes that may pose a threat to or Plans include conservation measures for voluntary agreements and not regulatory alter the abundance of these species. Sideroxylon reclinatum ssp. in nature. Miami-Dade County currently Impacts to habitat via nonnative species austrofloridense, Digitaria pauciflora, has approximately 59 pine rockland and natural stochastic events are Chamaesyce deltoidea ssp. pinetorum, properties enrolled in this program, monitored and actively managed in or Dalea carthagenensis var. floridana. preserving 69.4 ha (172 ac) of pine areas where the taxon is known to The GMPs for ENP and BCNP are both rockland habitat (Johnson 2012, pers. occur. These programs are long-term currently being implemented, comm.). The program also has and ongoing in Miami-Dade County; specifically; prescribed fire is now being approximately 21 rockland hammocks however, programs are limited by the actively administered on a cyclic basis properties enrolled in this program, availability of annual funding. In at both sites. In ENP, restoration preserving 20.64 ha (51 ac) of rockland particular, fire management remains continues throughout the Hole-in-the- hammock habitat (Joyner 2013b, pers. inadequate at many sites. Donut region of Long Pine Key, which comm.). The vast majority of these Since 2005, the Service has funded is resulting in resurgence of Sideroxylon properties are small, and many are in IRC to facilitate restoration and reclinatum ssp. austrofloridense, need of habitat management such as management of privately owned pine Digitaria pauciflora, and Chamaesyce

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deltoidea ssp. pinetorum within the Factor C. Disease or Predation unimpaired for the enjoyment of future Park. Scale insects (Coccoidea) and generations’’ (16 U.S.C. 1). Most units of the National Park System also have their Summary of Factor A Cassytha filiformis (love vine, a parasitic plant) infestations have been own specific enabling legislation, but Habitat loss, fragmentation and noted as parasites for Dalea the 1970 General Authorities Act makes it clear that all units are united into a degradation, and associated pressures carthagenensis var. floridana single National Park System. from increased human population are (Maschinski et al. 2015, p. 39) and may Furthermore, no activities shall be major threats to the four plants; these also influence populations of other allowed ‘‘in derogation of the values threats are expected to increase as listed pine rockland plant species. and purposes for which these various remaining pine rocklands and other However, the best available data do not areas have been established, except as habitats are lost to development, placing indicate that disease or predation is a may have been or shall be directly and these plants at greater risk. Sideroxylon threat to Sideroxylon reclinatum ssp. specifically provided by Congress’’ (16 reclinatum ssp. austrofloridense, austrofloridense, Digitaria pauciflora, Digitaria pauciflora, Chamaesyce U.S.C. 1a–1). Chamaesyce deltoidea ssp. pinetorum, Populations of Sideroxylon deltoidea ssp. pinetorum, and Dalea or Dalea carthagenensis var. floridana. carthagenensis var. floridana may be reclinatum ssp. austrofloridense, impacted when pine rocklands are Factor D. The Inadequacy of Existing Digitaria pauciflora, Chamaesyce converted to other uses or when lack of Regulatory Mechanisms deltoidea ssp. pinetorum, and Dalea carthagenensis var. floridana within fire causes the conversion to hardwood Under this factor, we examine hammocks or other unsuitable habitats. ENP and BCNP are protected by NPS whether threats to these plants regulations at 36 CFR 2.1, which On public lands, including NPS lands discussed under the other factors are and Miami-Dade County-owned lands, prohibit visitors from harming or continuing due to an inadequacy of removing plants, listed or otherwise, implementation of prescribed fire has existing regulatory mechanisms. Section not been sufficient because of legal from ENP or BCNP. However, the 4(b)(1)(A) of the Act requires the Service regulations do not address actions taken constraints (permitting requirements) to take into account ‘‘those efforts, if and inadequate funding. Any by NPS that cause mortality of any, being made by any State or foreign individuals, or habitat loss or populations of these four plants found nation, or any political subdivision of a on private property could be destroyed modification to development or sea State or foreign nation, to protect such level rise. NPS regulations do not due to development. Although efforts species . . . ’’ In relation to Factor D require the application of prescribed fire are being made to conserve natural areas under the Act, we interpret this or voluntary recovery actions for listed and apply prescribed fire, most pine language to require the Service to species. rocklands remain in poor fire condition, consider relevant Federal, State, and Sideroxylon reclinatum ssp. and the long-term effects of large-scale tribal laws, regulations, and other such austrofloridense, Digitaria pauciflora, and wide-ranging habitat modification, binding legal mechanisms that may Chamaesyce deltoidea ssp. pinetorum, destruction, and curtailment will last ameliorate or exacerbate any of the and Dalea carthagenensis var. floridana into the future, while ongoing habitat threats we describe in threat analyses have no Federal regulatory protection in loss due to population growth, under the other four factors, or their known occupied and suitable development, and agricultural otherwise enhance conservation of the habitat outside of ENP or BCNP. These conversion continues to pose a threat to species. species may occur (we do not have these species outside of conservation Having evaluated the impact of the recent surveys) on Federal lands within lands. Therefore, based on the best threats as mitigated by any such the Richmond Pine Rocklands, information available, we have conservation efforts, we analyze under including lands owned by the U.S. determined that the threats to Factor D the extent to which existing Coast Guard and the National Oceanic Sideroxylon reclinatum ssp. regulatory mechanisms ameliorate or and Atmospheric Association (NOAA; austrofloridense, Digitaria pauciflora, exacerbate the specific threats to the small portion of Martinez Pineland). Chamaesyce deltoidea ssp. pinetorum, species. Regulatory mechanisms, if they There are no Federal protections for and Dalea carthagenensis var. floridana exist, may reduce or eliminate the these four species on these properties. from habitat destruction, modification, impacts from one or more identified Outside of NPS lands, these plants or curtailment are occurring throughout threats. In this section, we review occur primarily on State- or County- the entire range of these species and are existing Federal, State, and local owned and private land (see Tables 1 expected to continue into the future. regulatory mechanisms to determine through 4, above), and development of Factor B. Overutilization for whether they effectively reduce or these areas will likely require no Commercial, Recreational, Scientific, or remove threats to Sideroxylon Federal permit or other authorization, Educational Purposes reclinatum ssp. austrofloridense, e.g. these projects are generally not Digitaria pauciflora, Chamaesyce analyzed under the National The best available data do not deltoidea ssp. pinetorum or Dalea Environmental Policy Act (NEPA; 42 indicate that overutilization for carthagenensis var. floridana. U.S.C. 4321 et seq.). commercial, recreational, scientific, or educational purposes is a threat to Federal State Sideroxylon reclinatum ssp. Lands managed by the National Park Sideroxylon reclinatum ssp. austrofloridense, Digitaria pauciflora, Service are subject to the NPS Organic austrofloridense, Digitaria pauciflora, Chamaesyce deltoidea ssp. pinetorum, Act of 1916, which provides that the Chamaesyce deltoidea ssp. pinetorum, or Dalea carthagenensis var. floridana. ‘‘fundamental purpose’’ of those lands and Dalea carthagenensis var. floridana Threats to these plants related to other ‘‘is to conserve the scenery and the are listed on the State of Florida’s aspects of recreation and similar human natural and historic objects and the wild Regulated Plant Index (Index) as activities (i.e., not related to life therein and to provide for the endangered under chapter 5B–40, overutilization) are discussed under enjoyment of the same in such manner Florida Administrative Code. This Factor E, below. and by such means as will leave them listing provides habitat protection

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through the State’s Development of under a perpetual covenant. In certain County Code (Grossenbacher 2013, pers. Regional Impact process, which circumstances, where the landowner comm.). discloses impacts from projects and can demonstrate that limiting Summary of Factor D provides limited regulatory protection development to 20 percent does not for State-listed plants on private lands. allow for ‘‘reasonable use’’ of the Currently, Sideroxylon reclinatum Florida Statutes 581.185 sections property, additional development may ssp. austrofloridense, Digitaria (3)(a) and (3)(b) prohibit any person be approved. NFC landowners are also pauciflora, Chamaesyce deltoidea ssp. from willfully destroying or harvesting required to obtain an NFC permit for pinetorum, and Dalea carthagenensis any species listed as endangered or any work, including removal of var. floridana are found on Federal, State and County lands. NPS regulations threatened on the Index or growing such nonnatives within the boundaries of the provide protection at ENP and BCNP. a plant on the private land of another, NFC on their property. The NFC While these regulations do not mandate or on any public land, without first program is responsible for ensuring that active conservation measures, these two obtaining the written permission of the NFC permits are issued in accordance landowner and a permit from the sites continue to support the largest and with the limitations and requirements of Florida Department of Plant Industry. best managed populations. State the code and that appropriate NFC The statute further provides that any regulations provide protection against preserves are established and person willfully destroying or trade, but allow private landowners or harvesting; transporting, carrying, or maintained in conjunction with the their agents to clear or remove species conveying on any public road or issuance of an NFC permit. The NFC on the Florida Regulated Plant Index. highway; or selling or offering for sale program currently regulates State Park regulations provide any plant listed in the Index as approximately 600 pine rockland or protection for plants within Florida endangered must have a permit from the pine rockland/hammock properties, State Parks. The NFC program in Miami State at all times when engaged in any comprising approximately 1,200 ha is designed to protect rare and such activities. Further, Florida Statutes (3,000 ac) of habitat (Joyner 2013a, pers. important upland (non-wetlands) 581.185 section (10) provides for comm.). habitats in south Florida; however, this consultation similar to section 7 of the Although the NFC program is regulatory strategy has several Act for listed species, by requiring the designed to protect rare and important limitations (as described above) that Department of Transportation to notify upland (non-wetlands) habitats in south reduce its ability to protect the four the FDACS and the Endangered Plant Florida, it has limitations for protection plants and their habitats. Advisory Council of planned highway of the four plants discussed in this rule. Although many populations of the construction at the time bids are first For example, in certain circumstances four plants are afforded some level of advertised, to facilitate evaluation of the where landowners can demonstrate that protection because they are on public project for listed plant populations, and limiting development to 20 percent does conservation lands, especially Federal to provide ‘‘for the appropriate disposal not allow for ‘‘reasonable use’’ of the lands, existing regulatory mechanisms of such plants’’ (i.e., transplanting). property, additional development may vary in strength and scope, and do not However, this statute provides no be approved. Furthermore, Miami-Dade provide substantive protection of habitat substantive protection of habitat at this County Code provides for up to 100 at this time. They have not led to a time. Florida Statutes 581.185 section percent of the NFC to be developed on sufficient reduction of threats posed to (8) waives State regulation for certain a parcel in limited circumstances for these plants by a wide array of sources classes of activities for all species on the parcels less than 2.02 ha (5 ac) in size (see discussions under Factors A and E Index, including the clearing or removal and only requires coordination with the in this rule). of regulated plants for agricultural, landowner if they plan to develop forestry, mining, construction Factor E. Other Natural or Manmade property or perform work within the (residential, commercial, or Factors Affecting Its Continued NFC designated area. As such, the infrastructure), and fire-control Existence majority of the existing private, forested activities by a private landowner or his Other natural or manmade factors or her agent. NFC parcels is isolated fragments, affect Sideroxylon reclinatum ssp. without management obligations or austrofloridense, Digitaria pauciflora, Local preserve designation, as development Chamaesyce deltoidea ssp. pinetorum, In 1984, section 24–49 of the Code of has not been proposed at a level that and Dalea carthagenensis var. floridana Miami-Dade County established would trigger the NFC regulatory to varying degrees. Specific threats to regulation of County-designated NFCs, requirements. Often, nonnative these plants included in this factor which include both pine rocklands and vegetation over time begins to dominate consist of the spread of nonnative tropical hardwood hammocks. These and degrade the undeveloped and invasive plants, potentially regulations were placed on specific unmanaged NFC landscape until it no incompatible management practices properties throughout the county by an longer meets the legal threshold of an (such as mowing), direct impacts to act of the Board of County NFC, which requires the land to be plants from recreation and other human Commissioners in an effort to protect dominated by native vegetation. When activities, small population size and environmentally sensitive forest lands. development of such degraded NFCs is isolation, climate change, and the The Miami-Dade County Department of proposed, Miami-Dade County Code related risks from environmental Regulatory and Economic Resources requires delisting of the degraded areas stochasticity (extreme weather) on small (RER) has regulatory authority over as part of the development process. populations. Each of these threats and NFCs and is charged with enforcing Property previously designated as NFC its specific effect on these species are regulations that provide partial is removed from the list even before discussed in detail below. protection on the Miami Rock Ridge. development is initiated because of the Miami-Dade Code typically allows up to abundance of nonnative species, making Nonnative Plant Species 20 percent of a pine rockland designated it no longer considered to be Nonnative, invasive plants compete as NFC to be developed, and requires jurisdictional or subject to the NFC with native plants for space, light, that the remaining 80 percent be placed protection requirements of Miami-Dade water, and nutrients, and make habitat

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conditions unsuitable for Sideroxylon plants in pine rocklands in Miami-Dade population that have reached a reclinatum ssp. austrofloridense, County is further complicated because reproductive state. Digitaria pauciflora, Chamaesyce the vast majority of pine rocklands are Recreation and Other Human Activities deltoidea ssp. pinetorum, and Dalea small, fragmented areas bordered by carthagenensis var. floridana, which urban development. Areas near Recreational use of off-road vehicles prefer open conditions. The control of managed pine rockland that contain (ORVs) is a threat to Sideroxylon nonnative plants is one of the most nonnative species can act as a seed reclinatum ssp. austrofloridense, important conservation actions for the source of nonnatives, allowing them to Digitaria pauciflora, and Dalea four plants and a critical part of habitat continue to invade the surrounding pine carthagenensis var. floridana maintenance (Bradley and Gann 1999, rockland (Bradley and Gann 1999, p. occurrences within BCNP (K. Bradley et pp. 13, 71–72). However, nonnative 13). al. 2013, p. 3). Operators frequently veer species control efforts require that Nonnative plant species are also a off established trails, and plants can be personnel be highly familiar with pine concern on private lands, where often harmed or destroyed (Bradley and Gann rocklands and associated habitats in these species are not controlled due to 1999, p. 43). BCNP updated its Off Road order to avoid impacts (e.g., improper associated costs, lack of interest, or lack Vehicle Management Plan in 2012, in herbicide use, species misidentification) of knowledge of detrimental impacts to response to extreme resource damage to native species. the ecosystem. Undiscovered caused by ORVs. BCNP manages ORV Nonnative plants have significantly populations of Sideroxylon reclinatum access using a permit system, affected pine rocklands and negatively ssp. austrofloridense, Digitaria regulations, and designated trails. impact all occurrences of Sideroxylon pauciflora, Chamaesyce deltoidea ssp. However, there are over 1,000 miles of reclinatum ssp. austrofloridense, pinetorum, and Dalea carthagenensis ORV trails in BCNP, and only one Digitaria pauciflora, Chamaesyce var. floridana on private lands could enforcement officer (Pernas 2016, pers. deltoidea ssp. pinetorum, and Dalea certainly be at risk. Overall, active comm.), making enforcement of carthagenensis var. floridana to some management is necessary to control for designated ORV trails a challenge. degree (Bradley 2006, pp. 25–26; nonnative species and to protect unique Current aerial imagery from the Bradley and Gann 1999, pp. 18–19; and rare habitats where these plants Lostman’s Pine area of BCNP, where Bradley and Saha 2009, p. 25; Bradley occur (Snyder et al. 1990, p. 273). Sideroxylon reclinatum ssp. and van der Heiden 2013, pp. 12–16). austrofloridense, Digitaria pauciflora, Mowing As a result of human activities, at least and Dalea carthagenensis var. floridana 277 taxa of nonnative plants have While no studies have investigated occur, shows a criss-cross pattern of invaded pine rocklands throughout the effect of mowing on Sideroxylon multiple ORV trails through the area. south Florida (Service 1999, p. 3–175). reclinatum ssp. austrofloridense, The Service is working with BCNP to Schinus terebinthifolius (Brazilian Digitaria pauciflora, Chamaesyce determine the extent to which ORVs are pepper), Neyraudia neyraudiana deltoidea ssp. pinetorum, or Dalea affecting all three species at this site, (Burma reed), and Lygodium carthagenensis var. floridana, research particularly in regards to Digitaria microphyllum (Old World climbing has been conducted on the federally pauciflora, since it is one of only two fern) affect these species (Bradley and endangered Linum carteri var. carteri sites where the species is known to Gann 1999, pp. 13, 72). Brazilian (Carter’s small-flowered flax), which exist. Damage from ORV use has also pepper, a nonnative tree, is the most also occurs in pine rocklands. The study been documented for Dalea widespread and one of the most found significantly higher densities of carthagenensis var. floridana within the invasive species. It forms dense thickets plants at the mown sites where Charles Deering Estate (J. Possley 2008 of tangled, woody stems that completely competition with other plants is and 2009, pers. comm.). shade out and displace native vegetation decreased (Maschinski et al. 2007, p. Dalea carthagenensis var. floridana at (Loflin 1991, p. 19; Langeland and 56). However, plants growing on mown the RHMP is also impacted by illegal Craddock Burks 1998, p. 54). sites were shorter, which may affect mountain biking (Bradley and Gann Nonnative plants in pine rocklands fruiting magnitude. While mowing did 1999, pp. 43–45). In the past, this can affect the characteristics of a fire not usually kill adult plants, it could pineland fragment was heavily used by when it occurs. Historically, pine delay reproduction if it occurred prior mountain bikers. In response, Miami- rocklands had an open, low understory to plants reaching reproductive status Dade County has erected fencing to where natural fires remained patchy (Maschinski et al. 2007, pp. 56–57). If protect this site, which appears to have with low temperature intensity. such mowing occurs repeatedly, reduced this threat (Bradley and Gann Sideroxylon reclinatum ssp. reproduction of those plants would be 1999, p. 43). austrofloridense, Digitaria pauciflora, entirely eliminated. Maschinski et al. Effects of Small Population Size and Chamaesyce deltoidea ssp. pinetorum, (2008, p. 28) recommended adjusting and Dalea carthagenensis var. floridana the timing of mowing to occur at least Isolation thrive under this fire regime. However, 3 weeks after flowering is observed to Endemic species whose populations dense infestations of Neyraudia allow a higher probability of adults exhibit a high degree of isolation are neyraudiana and Schinus setting fruit prior to the mowing event. extremely susceptible to extinction from terebinthifolius cause higher fire With flexibility and proper instructions both random and nonrandom temperatures and longer burning to land managers and ground crews, catastrophic natural or human-caused periods. mowing practices could be events. Species that are restricted to Nonnative species occur throughout implemented in such a way as to scatter geographically limited areas are the ranges of the four plants. In ENP and seeds and reduce competition with little inherently more vulnerable to extinction BCNP, invasives tend to be fewer due to effect on population reproductive than widespread species because of the the insularity of these sites and the output for the year (Maschinski et al. increased risk of genetic bottlenecks, NPS’s control programs. Nevertheless, 2008, p. 28). The exact impacts of random demographic fluctuations, most areas require annual treatments to mowing also depend on the timing of effects of climate change, and localized remove incipient invasions. rainfall prior to and following mowing, catastrophes such as hurricanes and Management of nonnative, invasive and the numbers of plants in the disease outbreaks (Mangel and Tier

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1994, p. 607; Pimm et al. 1988, p. 757). (K. Bradley 2007, pers. comm.). The Sweet 2015, entire). The global trend is These problems are further magnified Service does not consider these as small currently on the higher-end trajectory of when populations are few and restricted populations; however, a large wildfire the scenarios, projecting a sea level rise to a very small geographic area, and or severe flooding could be catastrophic. of 2.5 to 3.0 m by 2100. NOAA (2017b, when the number of individuals is very As shown in 2016, D. pauciflora was p. 21) is recommending the use of the small. Populations with these impacted by fire in ENP and flooding in higher end estimates for future characteristics face an increased ENP and BCNP, proving that the small projections. The accelerated sea level likelihood of stochastic extinction due geographic extent of the existing rise in south Florida is being attributed to changes in demography, the populations is not sufficient to to shifts in the Florida Current due to: environment, genetics, or other factors eliminate the risk posed by large-scale (a) Added ocean mass brought on by the (Gilpin and Soule 1986, pp. 24–34). disturbances. melting Antarctic and Greenland ice packs, and (b) thermal expansion from Small, isolated populations, such as Effects of Climate Change those in fragmented habitat, often the warming ocean (Park and Sweet Climatic changes, including sea level exhibit reduced levels of genetic 2015, entire article; Rahmstorf et al. rise, are major threats to the flora of variability, although the ultimate effect 2015, entire article; NOAA 2017b, p. 14; south Florida, including Sideroxylon of these changes is dependent on a Deconto and Pollard, 2016, p. 596). For reclinatum ssp. austrofloridense, plant’s specific life history, reproductive this reason, Walsh et al. (2014, pp. 32– Digitaria pauciflora, Chamaesyce 35) recommended adding approximately system, and interaction with pollinators deltoidea ssp. pinetorum, and Dalea and dispersal vectors (which may 15 percent to the earlier IPCC (2013, carthagenensis var. floridana. Our entire) global mean sea level rise themselves be affected by analyses under the Act include fragmentation) (Young et al. 1996, p. projections when using projections for consideration of ongoing and projected southern Florida if the projections used 413). While research results clearly changes in climate. With regard to our indicate that isolation/fragmentation has do not yet model the accelerated rate analysis for S. reclinatum ssp. (Southeast Florida Regional Climate population genetic consequences for austrofloridense, D. pauciflora, C. plants, consequences are varied and for Change Compact [Compact] 2015, p. 35; deltoidea ssp. pinetorum, and D. Park and Sweet, 2015, entire article). some species there may be a carthagenensis var. floridana, Other processes expected to be ‘‘fragmentation threshold’’ below which downscaled projections suggest that sea affected by projected warming include genetic variation is not lost (Young et al. level rise is the largest climate-driven temperatures, rainfall (amount, seasonal 1996, p. 416). No such studies have challenge to low-lying coastal areas in timing, and distribution), and storms been conducted for Sideroxylon the subtropical ecoregion of southern (frequency and intensity) (discussed reclinatum ssp. austrofloridense, Florida (U.S. Climate Change Science more specifically under ‘‘Environmental Digitaria pauciflora, Chamaesyce Program (USCCSP) 2008, pp. 5–31, 5– Stochasticity,’’ below). The deltoidea ssp. pinetorum, and Dalea 32). Massachusetts Institute of Technology carthagenensis var. floridana, so Global sea level has increased by 0.20 (MIT) modeled several scenarios whether these plants exhibit such a to 0.23 m (8 to 9 in) since 1880, with combining various levels of sea level threshold is not known. Reduced the rate of increase over the past 20 rise, temperature change, and genetic variability generally diminishes years doubling (Service 2017, p. 5). An precipitation differences with human a species’ capacity to adapt and respond average 0.08 m (3 in) increase in overall population growth, policy assumptions, to environmental changes, thereby global sea level rise has occurred and conservation funding changes (see decreasing the probability of long-term between 1992 and 2015 (National ‘‘Alternative Future Landscape persistence (e.g., Barrett and Kohn 1991, Aeronautics and Space Administration Models,’’ below). All of the scenarios, p. 4; Newman and Pilson 1997, p. 361). Jet Propulsion Laboratory 2015, p. 2). from small climate change shifts to Very small plant populations may This is equivalent to the Florida major changes, indicate significant experience reduced reproductive vigor coastline subsiding at a rate of 0.04 effects on coastal Miami-Dade County. due to ineffective pollination or inches a year (Service 2017, p. 6). The In the United States, the average inbreeding depression. Isolated long-term trend in sea level rise at the temperatures have increased by 0.77 to individuals have difficulty achieving National Oceanic and Atmospheric 1.1 °C (1.3 to 1.9 °F) since record natural pollen exchange, which limits Association (NOAA) Key West Station, keeping began in 1895 (Service 2017, p. the production of viable seed. The Florida shows a 0.0024 m (0.09 in) 2). The decade from 2000 to 2009 is problems associated with small increase per year from 1913 to 2015 of documented as the warmest since population size and vulnerability to the mean high water line. The NOAA record keeping began in 1895 (Service random demographic fluctuations or Vaca Key Station (City of Marathon) 2017, p. 2). The average temperatures in natural catastrophes are further shows a 0.0035 m (0.14 in) per year sea south Florida have increased 0.83 °C magnified by synergistic (interaction of level rise between 1971 (start of data (1.5 °F) or more since 1991 (Service two or more components) effects with collection) to 2015 (NOAA 2017a). 2017, p. 2). Because of the current other threats, such as those discussed Mean high water line is defined as, condition of human-induced emissions above (Factors A and C). Tables 1, 2, 3, ‘‘The line on a chart or map which (that is, the pattern of continued release and 4 above, list the population sizes represents the intersection of the land of greenhouse gas (GHG) added to those and the geographic ranges for S. with the water surface at the elevation already occurring in the atmosphere), reclinatum ssp. austrofloridense, D. of mean high water’’ (NOAA National increases in surface air temperature pauciflora, C. deltoidea ssp. pinetorum, Ocean Service [NOS]) 2017). continue to rise. Even if there was an and D. carthagenensis var. floridana. While the sea level rise rate for immediate and aggressive reduction to For example, Table 2 lists Digitaria Florida has been equivalent to that all GHG emissions caused by humans, pauciflora as having two extant experienced globally, recent analysis is there would still be expected continued populations (ENP and BCNP), one now indicating an accelerated rate for increases in surface air temperature estimated at 100,000–200,000 plants the eastern United States above that of (IPCC 2013; pp. 19–20). (Maschinski and Lange 2015, p.18) and the global rate (NOAA 2017b, p. 25; Precipitation patterns are also the other with greater than 10,000 plants Carter et al. 2014, pp. 401–403; Park and changing. The National Climate

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Assessment (NCA) reports that average to pine rocklands on the mainland is not to rainfall, fuel moisture, and winds) or precipitation has increased by 5 to 10 straightforward, but suggests that other management needed to restore and percent since 1900 in south Florida. similar changes to species composition maintain habitat for the four plants. Shifts in seasonal rainfall events as well could arise if current projections of sea While restoring fire to pine rocklands is as increases in average precipitation are level rise occur and freshwater inputs essential to the long-term viability of currently being documented (Service are not sufficient to prevent salinization. Sideroxylon reclinatum ssp. 2017, pp. 405). The south Florida dry Furthermore, Ross et al. (2009, pp. 471– austrofloridense, Digitaria pauciflora, season (November through April) has 478) suggested that interactions between Chamaesyce deltoidea ssp. pinetorum, become wetter, and the rainy season sea level rise and pulse disturbances and Dalea carthagenensis var. floridana (May through October) has become (e.g., storm surges) can cause vegetation populations, increases in the scale, drier. Current projections show this to change sooner than projected based frequency, or severity of wildfires could trend to continue. on sea level rise alone. Alexander (1953, have negative effects on these plants Heavy downpours are currently pp. 133–138) attributed the demise of considering their general vulnerability increasing and have especially pinelands on northern Key Largo to due to small population size, restricted increased over the last 30 to 50 years in salinization of the groundwater in range, few occurrences, and relative Florida. There is currently a 27 percent response to sea level rise. Patterns of isolation. Big, hot wildfires can destroy increase in the frequency and intensity human development will also likely be essential habitat features of pine of heavy downpours since the 1970s significant factors influencing whether rockland habitat. In addition, hot burns (Service 2017, p. 4). Increased inland natural communities can move and with long residence times (which are flooding is predicted during heavy rain persist (IPCC 2008, p. 57; USCCSP 2008, more likely under wildfire conditions) events in low-lying areas. With p. 7–6). can also sterilize the soil seed bank and worsening storms, storm surges along The Science and Technology cause a demographic crash in plant coastlines become stronger and push Committee of the Miami-Dade County populations. inland further. Inundation of soils from Climate Change Task Force (Wanless et storm surges can cause saltwater al. 2008, p. 1) recognized that Alternative Future Landscape Models intrusion. More powerful storm surges significant sea level rise is a very real To accommodate the large uncertainty exacerbate effects of the increased sea threat to the near future for Miami-Dade in sea level rise projections, researchers level along shorelines. Increased County. In a January 2008 statement, the must estimate effects from a range of incidences of inland flooding and of committee warned that sea level is scenarios. Various model scenarios low-lying areas are being documented expected to rise at least 0.9 to 1.5 m (3 developed at MIT and GeoAdaptive Inc. regionally and locally (Staletovich 2016; to 5 ft) within this century (Wanless et have projected possible trajectories of Sheridan 2015). al. 2008, p. 3). With a 0.9 to 1.2 m (3 future transformation of the south Decades prior to inundation, pine to 4 ft) rise in sea level (above baseline) Florida landscape by 2060 based upon rocklands are likely to undergo in Miami-Dade County, spring high four main drivers: Climate change, shifts vegetation shifts related to climate tides would be at about 6 to 7 ft; in planning approaches and regulations, change, triggered by changes to freshwater resources would be gone; the human population change, and hydrology (wetter), salinity (higher), and Everglades would be inundated on the variations in financial resources for increasing vulnerability to storm surge west side of Miami-Dade County; the conservation. The scenarios do not (pulse events causing massive erosion barrier islands would be largely account for temperature, precipitation, and salinization of soils) (Saha et al. inundated; storm surges would be or species’ habitat shifts due to climate 2011, pp. 169–184). Hydrology has a devastating; and landfill sites would be change, and no storm surge effects are strong influence on plant distribution in exposed to erosion, contaminating considered. The current MIT scenarios these and other coastal areas (IPCC marine and coastal environments. range from 0.09 to 1.0 m (0.3 to 3.3 ft) 2008, p. 57). Such communities Freshwater and coastal mangrove of sea level rise by 2060 (Vargas-Moreno typically grade from saltwater to wetlands will not keep up with or offset and Flaxman 2010, pp. 1–6). brackish to freshwater species. From the sea level rise of 2 ft per century or Based on the most recent estimates of 1930s to 1950s, increased salinity of greater. With a 5-ft rise (spring tides at anticipated sea level rise, the upward coastal waters contributed to the decline nearly +8 ft), the land area of Miami- trend in recent projections toward the of cabbage palm forests in southwest Dade County will be extremely higher range of earlier sea level rise Florida (Williams et al. 1999, pp. 2056– diminished (Wanless et al. 2008, pp. 3– estimates (discussed above), and the 2059), expansion of mangroves into 4). data available to us at this time, we adjacent marshes in the Everglades Drier conditions and increased evaluated potential effects of sea level (Ross et al. 2000, pp. 101, 111), and loss variability in precipitation associated rise using the current ‘‘high’’ range MIT of pine rockland in the Keys (Ross et al. with climate change are expected to scenario as well as comparing elevations 1994, pp. 144, 151–155). In one Florida hamper successful regeneration of of remaining pine rockland fragments Keys pine rockland with an average forests and cause shifts in vegetation and extant and historical occurrences of elevation of 0.89 m (2.9 ft), Ross et al. types through time (Wear and Greis Sideroxylon reclinatum ssp. (1994, pp. 149–152) observed an 2012, p. 39). Although it has not been austrofloridense, Digitaria pauciflora, approximately 65 percent reduction in well studied, existing pine rocklands Chamaesyce deltoidea ssp. pinetorum, an area occupied by South Florida slash have probably been affected by and Dalea carthagenensis var. floridana. pine over a 70-year period, with pine reductions in the mean water table. The ‘‘high’’ range (or ‘‘worst case’’) MIT mortality and subsequent increased Climate changes are also forecasted to scenario assumes high sea level rise (1 proportions of halophytic (salt-loving) extend fire seasons and the frequency of m (3.3 ft) by 2060), low financial plants occurring earlier at the lower large fire events throughout the Coastal resources, a ‘business as usual’ elevations. During this same time span, Plain (Wear and Greis 2012, p. 43). approach to planning, and a doubling of local sea level had risen by 15 cm (6.0 These factors will likely cause an human population. in), and Ross et al. (1994, p. 152) found increase in wildfires and exacerbate The rate of sea level rise will increase evidence of groundwater and soil water complications related to prescribed as time passes. This is due to salinization. Extrapolating this situation burning (i.e., less predictability related atmospheric and ocean warming and the

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thermal expansion properties of water. increased soil salinity from partial or other barriers), creating a virtual In sea level rise models, the rate of sea inundation and storm surge will result island of the Miami Rock Ridge. level rise is projected to increase in vegetation shifts within BCNP, ENP, Following a 1.8-m (6 ft) rise in sea dramatically around mid-century. and conservation lands on the southern level, approximately 75 percent of Most populations of Sideroxylon Miami Rock Ridge. Inundation will presently extant pine rocklands on the reclinatum ssp. austrofloridense, result in pine rocklands gaining Miami Rock Ridge would still remain Digitaria pauciflora, and Chamaesyce increased marl prairie characteristics. above sea level. However, an unknown deltoidea ssp. pinetorum occur at Marl prairies, in turn, will transition to percentage of remaining pine rockland elevations less than 2 m (6.6 ft) above sawgrass or more hydric conditions, due fragments would be negatively impacted sea level, making these species highly to increased inundation. As a result, by water table and soil salinization, susceptible to increased storm surges species such as Digitaria pauciflora and which would be further exacerbated due and related impacts associated with sea Sideroxylon reclinatum ssp. to isolation from mainland fresh water level rise. Areas of the Miami Rock austrofloridense, which are most flows. Ridge in Miami-Dade County (located to abundant within the ecotone between Projections of sea level rise above 1.8 the east of ENP and BCNP) are higher pine rocklands and marl prairies, will m (6 ft) indicate that very little pine elevation (maximum of 7 m (22 ft) above gradually decline as these habitat types rockland would remain, with the vast sea level) than those in BCNP (FNAI merge and eventually disappear. Under majority either being inundated or 2010, p. 62). However, plant this scenario, by 2060, all extant experiencing vegetation shifts, resulting communities along south Florida’s low- populations of Digitaria pauciflora, as in the extirpation of all known lying coasts are organized along a mild well as the largest populations of populations of Digitaria pauciflora, gradient in elevation, transitioning from Sideroxylon reclinatum ssp. Sideroxylon reclinatum ssp. mangroves at sea level to salinity- austrofloridense and Dalea austrofloridense, Chamaesyce deltoidea intolerant interior habitats, including carthagenensis var. floridana, would ssp. pinetorum, and Dalea pine rocklands and hardwood likely be lost or significantly impacted carthagenensis var. floridana. hammocks within an elevation change by shifts in vegetation communities. Environmental Stochasticity of 2 m (6.5 ft) above sea level. As a Populations of Sideroxylon reclinatum result, a rise of 1 m (3.3 ft) in sea level ssp. austrofloridense, Chamaesyce Endemic species whose populations is expected to render coastal systems deltoidea ssp. pinetorum, and Dalea exhibit a high degree of isolation and susceptible to increased erosion and carthagenensis var. floridana would narrow geographic distribution, such as cause these areas to transition from likely remain only at the highest Sideroxylon reclinatum ssp. upland forest habitats to saline wetland elevations along the Miami Rock Ridge. austrofloridense, Digitaria pauciflora, habitats. Prior to the onset of sustained In addition, many existing pine Chamaesyce deltoidea pinetorum, and inundation, there will be irreversible rockland fragments are projected to be Dalea carthagenensis var. floridana, are changes in vegetation composition developed for housing as the human extremely susceptible to extinction from within these habitats. Shifts in habitat population grows and adjusts to both random and nonrandom toward hydric and saline ecosystems changing sea levels under this scenario. catastrophic natural or human-caused may occur decades in advance of full Further direct losses to extant events. Small populations of species, inundation, rendering the habitat populations of all four plants are without positive growth rates, are unsuitable for salt-intolerant species, expected due to habitat loss and considered to have a high extinction including S. reclinatum ssp. modification from sea level rise through risk from site-specific demographic and austrofloridense, D. pauciflora, C. 2100. We analyzed existing sites that environmental stochasticity (Lande deltoidea ssp. pinetorum, and Dalea support populations of the four plants 1993, pp. 911–927). carthagenensis var. floridana (Saha et using the National Oceanic and The climate of southern Florida is al. 2011, pp. 169–184). As interior Atmospheric Administration (NOAA) driven by a combination of local, habitats become more saline, there will Sea Level Rise and Coastal Impacts regional, and global events, regimes, and be a reduction in freshwater inflows to viewer. Below we discuss general oscillations. There are three main the estuarine portions of the Everglades implications of sea level rise within the ‘‘seasons’’: (1) The wet season, which is and BCNP, accelerating losses in range of projections discussed above on hot, rainy, and humid from June salinity-intolerant coastal plant the current distribution of these species. through October; (2) the official communities (Saha et al. 2011, pp. 169– The NOAA tool uses 1-foot increments. hurricane season that extends one 184); such as S. reclinatum ssp. Our analysis is based on 0.91 m (3 ft) month beyond the wet season (June 1 austrofloridense, D. pauciflora, C. and 1.8 m (6 ft) of sea level rise. through November 30), with peak deltoidea ssp. pinetorum, or D. Based on a higher sea level rise of 1.8 season being August and September; carthagenensis var. floridana. m (6 ft), as projected by NOAA, much and (3) the dry season, which is drier Actual impacts may be greater or less larger portions of urban Miami-Dade and cooler, from November through than anticipated based upon the high County, including both extant May. In the dry season, periodic surges variability of factors involved (e.g., sea populations of Digitaria pauciflora in of cool and dry continental air masses level rise, human population growth) ENP and BCNP, as well as conservation influence the weather with short- and assumptions made, but based on the areas, such as Navy Wells Pineland duration rain events followed by long current ‘‘high’’ range MIT scenario, pine Preserve, will be inundated by 2100. As periods of dry weather. rocklands, marl prairies, and associated a result, the species would be extinct. Florida is considered the most habitats along the coast in central and Several extant occurrences of vulnerable State in the United States to southern Miami-Dade County would Sideroxylon reclinatum ssp. hurricanes and tropical storms become inundated. The ‘‘new’’ sea level austrofloridense, Chamaesyce deltoidea (Stefanova et al. 2017, pp. 1–4) Based on would occur at the southern end of the ssp. pinetorum, and Dalea data gathered from 1856 to 2008, Florida Miami Rock Ridge (the eastern edge of carthagenensis var. floridana would had the highest climatological the Everglades). However, in decades also be lost. The western part of urban probabilities of coastal States being prior to the fully anticipated sea level Miami-Dade County would also be impacted by a hurricane or major rise, changes in the water table and inundated (barring creation of sea walls hurricane in all years over the 152-year

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timespan, with a 51 percent probability hurricane development. However, produce collateral impacts to extant of a hurricane (Category 1 or 2) and a hurricane winds are expected to pine rockland, marl prairies, and 21 percent probability of a major increase by 5 to 10 percent, which will associated habitats within the region hurricane (Category 3 or higher) increase storm surge heights. This is due through inundation or increased (Klotzbach and Gray 2009, p. 28). From to more hurricane energy being hydroperiods. The effects of changes in 1856 to 2015, Florida actually available for intense hurricanes. In regional hydrology through restoration experienced 109 hurricanes and 36 addition to climate change, weather may have impacts on the four plants major hurricanes. Given the low variables are extremely influenced by and their habitats. Sadle (2012, pers. population sizes and restricted ranges of other natural cycles, such as El Nin˜ o comm.) suggested various CERP projects Sideroxylon reclinatum ssp. Southern Oscillation with a frequency (such as C–111 spreader canal; L–31N austrofloridense, Digitaria pauciflora, of every 4–7 years, solar cycle (every 11 seepage barrier), specifically the Chamaesyce deltoidea ssp. pinetorum, years), and the Atlantic Multi-decadal operation of pumps and associated and Dalea carthagenensis var. floridana Oscillation. All of these cycles influence detention areas along the ENP within south Florida, these species are changes in Floridian weather. The exact boundary, may influence (through at substantial risk from hurricanes, magnitude, direction, and distribution excessive water discharges) select storm surges, and other extreme of all of these changes at the regional portions of eastern Long Pine Key. weather. Depending on the location and level are difficult to project. Increased and longer-duration intensity of a hurricane or other severe hydroperiods within the pine rockland Freezing Temperatures weather event, it is possible that the and marl prairie habitats where these plants could become extirpated or Occasional freezing temperatures that species occur may lead to a reduction in extinct. occur in south Florida pose a risk to the amount of suitable habitat, a Hurricanes, storm surge, and extreme Sideroxylon reclinatum ssp. potential reduction in the area occupied high tide events are natural events that austrofloridense, Digitaria pauciflora, and a reduction in the number of can negatively impact these four plants. Chamaesyce deltoidea ssp. pinetorum, individuals found in ENP and BCNP. Hurricanes and tropical storms can and Dalea carthagenensis var. floridana, Conversely, Maschinski and Lange modify habitat (e.g., through storm causing damage or death to individual (2015, pp. 31–33) observed an increase surge) and have the potential to destroy plants. Under normal circumstances, in Digitaria pauciflora populations entire populations, physically washing occasional freezing temperatures would within ENP that may have been them away or leaving soil too saline for not result in a significant impact to associated with drier conditions. In an them to persist. Climate change may populations of these plants; however, effort to establish a baseline assessment lead to increased frequency and the small size of some populations of future hydrologic modifications, long- duration of severe storms (Golladay et means the loss from freezing events of term monitoring transects and plots for al. 2004, p. 504; McLaughlin et al. 2002, even a few individuals can reduce the Sideroxylon reclinatum ssp. p. 6074; Cook et al. 2004, p. 1015). viability of the population. austrofloridense, Digitaria pauciflora, Sideroxylon reclinatum ssp. Hydrology and Everglades Restoration and Chamaesyce deltoidea ssp. austrofloridense, Digitaria pauciflora, pinetorum were established in Long Chamaesyce deltoidea ssp. pinetorum, Hydrology is a key ecosystem Pine Key between 2003 and 2008 (Gann and Dalea carthagenensis var. floridana component that affects rare plant 2015, p. 169). experienced these disturbances distributions and their viability (Gann et historically, but had the benefit of more al. 2006, p. 4). Historically, sheet flow Conservation Efforts To Reduce Other abundant and contiguous habitat to from Shark River Slough and Taylor Natural or Manmade Factors Affecting buffer them from extirpations. With Slough did not reach the upland Continued Existence most of the historical habitat having portions of Long Pine Key, but during NPS, the Service, Miami-Dade been destroyed or modified, the few the wet season increased surface water County, and the State of Florida have remaining populations of these species flow in sloughs generated a rise in ongoing nonnative plant management could face local extirpations due to ground water across the region (Gann et programs to reduce threats on public stochastic events. al. 2006, p. 4). Water flow through Long lands, as funding and resources allow. Other processes to be affected by Pine Key was originally concentrated in In Miami-Dade County, nonnative, climate change, related to marl prairies, traversing in a north-south invasive plant management is very environmental stochasticity, include direction; however, construction of the active, with a goal to treat all publically temperatures, rainfall (amount, seasonal main ENP road dissected Long Pine Key owned properties at least once a year timing, and distribution), and storms in an east-west direction, thereby and more often in many cases. IRC and (frequency and intensity). Temperatures impeding sheet flow across this area FTBG conducts research and monitoring are projected to increase by 2–5 °C (3.6– (Gann et al. 2006, p. 4). Water was either in various natural areas within Miami- 9 °F) for North America by the end of impounded to the north of the main Dade County and the Florida Keys for this century (IPCC 2013, pp. 5–8, 20). ENP road or diverted around the various endangered plant species and These factors will likely cause an southern portion of Long Pine Key nonnative, invasive species. For the four increase in wildfires and exacerbate through Taylor Slough and Shark River plants, monitoring detects declines that complications related to prescribed Slough (Gann et al. 2006, p. 4). As lead to small population size, changes burning or other management needed to artificial drainage became more in habitat due to sea level rise, and restore and maintain habitat for the four widespread, however, regional declines due to stochastic events. For plants. Based upon modeling, Atlantic groundwater supplies declined. nonnatives, monitoring is an integral hurricane and tropical storm While projects designed to restore the part of efforts to detect and control frequencies are expected to decrease historical hydrology of the Everglades invasive plant and animal species. (Knutson et al. 2008, pp. 1–21). By and other natural systems in southern FTBG has provided 16,908 Digitaria 2100, there should be a 10 to 30 percent Florida (collectively known as the pauciflora seeds, 730 Chamaesyce decrease in hurricane frequency. Comprehensive Everglades Restoration deltoidea ssp. pinetorum seeds (from Hurricane frequency is expected to drop Plan (CERP)) are beneficial to the within ENP), and 32,703 Dalea due to more wind shear impeding initial Everglades ecosystem, some may carthagenensis var. floridana seeds

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(from multiple sites) to the National Mechanisms leading to the decline of S. wildfires (Factor E) are threats to the Center for Genetic Resources reclinatum ssp. austrofloridense, D. existing populations. Existing regulatory Preservation (NCGRP) for use in ex situ pauciflora, C. deltoidea ssp. pinetorum, mechanisms have not led to a reduction conservation and ecological studies and D. carthagenensis var. floridana, as or removal of threats impacting the four (Lange 2016, pers. comm.). discussed above, range from local (e.g., plants (see Factor D discussion, above). agriculture) to regional (e.g., These threats are ongoing, rangewide, Summary of Factor E development, fragmentation, nonnative and expected to continue in the future. Threats from other natural or species) to global influences (e.g., effects A significant percentage of populations manmade factors to these four plants of climate change, sea level rise). The of the four plants are relatively small include nonnative, invasive plants; synergistic effects of threats, such as and isolated from one another, and their management practices (such as impacts from hurricanes on a species ability to recolonize suitable habitat is mowing); recreation (including ORV with a limited distribution and small unlikely without human intervention, if use), effects from small population size populations, make it difficult to predict at all. The threats have had and will and isolation; limited geographic range; population viability. While these continue to have substantial adverse and stochastic events including stressors may act in isolation, it is more effects on the four plants and their hurricanes, storm surges, and wildfires. probable that many stressors are acting habitats. Although attempts are ongoing Additionally, these plants are simultaneously (or in combination) on to alleviate or minimize some of these particularly vulnerable to the effects of populations of S. reclinatum ssp. threats at certain locations, all climate change, including sea level rise, austrofloridense, D. pauciflora, C. populations appear to be impacted by as changes in the water table, increased deltoidea ssp. pinetorum, and D. one or more threats. soil salinity from partial inundation, carthagenensis var. floridana, making Due to the stressors described in and storm surge will likely result in them more vulnerable. detail above, Dalea carthagenensis var. vegetation shifts in the decades prior to floridana is presently in danger of the fully anticipated sea level rise. Some Determination of Status extinction throughout its entire range of these threats (e.g., nonnative species) Section 4 of the Act (16 U.S.C. 1533), due to the immediacy and severity of may be reduced on public lands due to and its implementing regulations at 50 threats currently impacting the species. active programs by Federal, State, and CFR part 424, set forth the procedures The risk of extinction is high because County land managers. Many of the for determining whether a species is an there are few (9) extant populations and remaining populations of these plants endangered species or threatened the majority of the populations are small are small and geographically isolated, species and should be included on the and isolated, and have limited to no and genetic variability is likely low, Federal Lists of Endangered and potential for recolonization. Therefore, increasing the inherent risk due to Threatened Wildlife and Plants (i.e., on the basis of the best available overall low resilience of these plants. ‘‘listed’’). Under section 4(a)(1) of the scientific and commercial information, The threats act together to impact Act, we may list a species based on (A) we list Dalea carthagenensis var. populations of Sideroxylon reclinatum The present or threatened destruction, floridana as an endangered species in ssp. austrofloridense, Digitaria modification, or curtailment of its accordance with sections 3(6) and pauciflora, Chamaesyce deltoidea ssp. habitat or range; (B) Overutilization for 4(a)(1) of the Act. We find that a pinetorum, and Dalea carthagenensis commercial, recreational, scientific, or threatened species status is not var. floridana. educational purposes; (C) Disease or appropriate for this species because of predation; (D) The inadequacy of Cumulative Effects of Threats the contracted range and small existing regulatory mechanisms; or (E) population size of Dalea carthagenensis When two or more threats affect Other natural or manmade factors var. floridana and because the threats populations of Sideroxylon reclinatum affecting its continued existence. Listing are occurring rangewide, are ongoing, ssp. austrofloridense, Digitaria actions may be warranted based on any and are expected to continue into the pauciflora, Chamaesyce deltoidea ssp. of the above threat factors, singly or in future. pinetorum, and Dalea carthagenensis combination. Sideroxlyon reclinatum ssp. var. floridana, the effects of those austrofloridense, Digitaria pauciflora, Determination of Status Throughout All threats could interact or become and Chamaesyce deltoidea ssp. of the Species’ Ranges compounded, producing a cumulative pinetorum face threats similar to Dalea adverse effect that is greater than the We have carefully assessed the best carthagenensis var. floridana. However, impact of either threat alone. The most scientific and commercial data available we find that endangered species status obvious cases in which cumulative regarding the past, present, and future is not appropriate for these three adverse effects would be significant are threats to Sideroxylon reclinatum ssp. species. While we have evidence of those in which small populations austrofloridense, Digitaria pauciflora, threats under Factors A and E affecting (Factor E) are affected by threats that Chamaesyce deltoidea ssp. pinetorum, the species, large populations of these result in destruction or modification of and Dalea carthagenensis var. floridana. three species are protected and actively habitat (Factor A), ORV damage (Factor Numerous populations of the four managed at ENP and BCNP (Sideroxylon E), or stochastic events, such as plants have been extirpated from these reclinatum ssp. austrofloridense, ENP hurricanes, storm surges, wildfires species’ historical ranges, and habitat (10,000–100,000 plants); Digitaria (Factor E). The limited distributions destruction and modification resulting pauciflora, BCNP (≤10,000 plants) and and/or small population sizes of many from human population growth and ENP (100,000–200,000 plants); and populations of S. reclinatum ssp. development, agricultural conversion, Chamaesyce deltoidea ssp. pinetorum austrofloridense, D. pauciflora, C. and inadequate fire management (Factor ENP (10,000–100,000 plants)). Short- deltoidea ssp. pinetorum, and D. A); competition from nonnative, and medium-term threats to these three carthagenensis var. floridana make invasive species (Factor E); changes in plants in these protected areas are being them extremely susceptible to the climatic conditions, including sea level addressed. However, sea level rise is detrimental effects of further habitat rise and changes in hydrology (Factor projected to have profound negative modification, degradation, and loss, as E); and natural stochastic events, effects on the habitat of these plants in well as other anthropogenic threats. including hurricanes, storm surges, and the foreseeable future. Decades prior to

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inundation, pine rocklands and An important factor that influences var. floridana is in danger of extinction associated habitats are likely to undergo the question of whether an SPR analysis throughout all of its range and that habitat transitions related to climate is necessary here is what the Sideroxlyon reclinatum ssp. change, including changes to hydrology consequence would be if the Service austrofloridense, Digitaria pauciflora, or and increasing vulnerability to storm were to find that Dalea carthagenensis Chamaesyce deltoidea ssp. pinetorum surge. In addition, many existing habitat var. floridana, Sideroxlyon reclinatum are likely to become endangered species fragments located in urban areas are ssp. austrofloridense, Digitaria within the foreseeable future, we now projected to be developed for housing as pauciflora, or Chamaesyce deltoidea examine whether it is necessary to the human population grows and ssp. pinetorum is in danger of extinction determine their status throughout a adjusts to changing sea levels under this or likely to become so throughout a significant portion of their ranges. scenario. Therefore, based on the best significant portion of its range. Two Because we found Dalea available information, we find that district court decisions have evaluated carthagenensis var. floridana to be in Sideroxlyon reclinatum ssp. whether the outcomes of the Service’s danger of extinction throughout all of its austrofloridense, Digitaria pauciflora, SPR determinations were reasonable. As range, we do not need to conduct an and Chamaesyce deltoidea ssp. described in the SPR Policy, both courts analysis of whether there is any pinetorum are likely to become found that, once the Service determines significant portion of its range where the endangered species within the that a ‘‘species’’—which can include a species is in danger of extinction or foreseeable future throughout all or a species, subspecies, or DPS under ESA likely to become so in the foreseeable significant portion of their ranges, and Section 3(16)—meets the definition of future. This is consistent with the Act we list these species as threatened ‘‘endangered species’’ or ‘‘threatened because when we find that a species is species in accordance with sections species,’’ the species must be listed in currently in danger of extinction 3(20) and 4(a)(1) of the Act. its entirety and the Act’s protections throughout all of its range (i.e., meets applied consistently to all members of Determination of Status in a Significant the definition of an endangered species), that species (subject to modification of Portion of the Range the species is experiencing high- protections through special rules under magnitude threats across its range or The Act defines an endangered sections 4(d) and 10(j) of the Act). See threats are so high in particular areas species as any species that is ‘‘in danger Defenders of Wildlife v. Salazar, 729 F. that they severely affect the species of extinction throughout all or a Supp. 2d 1207, 1222 (D. Mont. 2010) across its range. Therefore, the species significant portion of its range’’ and a (delisting of the Northern Rocky is in danger of extinction throughout threatened species as any species ‘‘that Mountains DPS of gray wolf; appeal every portion of its range and an is likely to become endangered within dismissed as moot because of public law analysis of whether there is any SPR the foreseeable future throughout all or vacating the listing, 2012 U.S. App. that may be in danger of extinction or a significant portion of its range.’’ The LEXIS 26769 (9th Cir. Nov. 7, 2012)); likely to become so would not result in phrase ‘‘significant portion of its range’’ WildEarth Guardians v. Salazar, No. 09– a different outcome. is not defined by the Act, and a district 00574–PHX–FJM, 2010 U.S. Dist. LEXIS Because we found that Sideroxlyon court has held that aspects of the 105253, 15–16 (D. Ariz. Sept. 30, 2010) reclinatum ssp. austrofloridense, Service’s Final Policy on Interpretation (Gunnison’s prairie dog). The issue has Digitaria pauciflora, and Chamaesyce of the Phrase ‘‘Significant Portion of Its not been addressed by a Federal Court deltoidea ssp. pinetorum are likely to Range’’ in the Endangered Species Act’s of Appeals. become in danger of extinction in the Definitions of ‘‘Endangered Species and Consistent with the district court case foreseeable future throughout all of their ‘‘Threatened Species’’ (79 FR 37577 law, we interpret that the consequence range, we do not need to conduct an (July 1, 2014)) (SPR Policy) were not of finding that Dalea carthagenensis var. analysis of whether there is any valid. Center for Biological Diversity v. floridana, Sideroxlyon reclinatum ssp. significant portion of the range where Jewell, No. 14–cv–02506–RM (D. Ariz. austrofloridense, Digitaria pauciflora, or these species are in danger of extinction Mar. 29, 2017) (Pygmy-Owl Decision). Chamaesyce deltoidea ssp. pinetorum is or likely to become so in the foreseeable Although the court’s order in that case in danger of extinction or likely to future. This interpretation is consistent has not yet gone into effect, if the court become so throughout a significant with the Act for the following three denies the pending motion for portion of its range would be that the reasons: (1) It ensures that the species reconsideration, the SPR Policy would entire species would be listed as an qualifies for only one listing status; (2) become vacated. Therefore, we have endangered species or threatened it preserves a meaningful standard for examined the plain language of the Act species, respectively, and the Act’s when a portion of a species’ range is and court decisions addressing the protections would be applied to all significant; and (3) it allows the Service Service’s application of the SPR phrase individuals of the species wherever to apply the appropriate level of in various listing decisions, and for found. Thus, the ‘‘throughout all’’ protection to the species. purposes of this rulemaking we are phrase and the SPR phrase provide two Critical Habitat Determination applying the interpretation set out independent bases for listing. We note below for the phrase ‘‘significant that in the Act Congress placed the ‘‘all’’ Section 4(a)(3) of the Act, as portion of its range’’ and its context in language before the SPR phrase in the amended, and implementing regulations determining whether or not a species is definitions of ‘‘endangered species’’ and (50 CFR 424.12), require that, to the an endangered species or a threatened ‘‘threatened species.’’ This suggests that maximum extent prudent and species. Because the interpretation we Congress intended that an analysis determinable, the Secretary shall are applying is consistent with the SPR based on consideration of the entire designate critical habitat at the time the Policy, we summarize herein the bases range should receive primary focus. species is determined to be an for our interpretation, and also refer the Thus, the first step we undertook, endangered or threatened species. Our public to the SPR Policy itself for a above, in our assessment of the status of regulations (50 CFR 424.12(a)(1)) state more-detailed explanation of our the species was to determine its status that the designation of critical habitat is reasons for interpreting the phrase in throughout all of its range. Having not prudent when one or both of the this way. determined that Dalea carthagenensis following situations exist:

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(1) The species is threatened by taking specifying any particular area as critical Recovery planning includes the or other human activity, and habitat. In accordance with the Act and development of a recovery outline identification of critical habitat can be our implementing regulations at 50 CFR shortly after a species is listed and expected to increase the degree of threat 424.12(b), we review available preparation of a draft and final recovery to the species, or information pertaining to the habitat plan. The recovery outline guides the (2) Such designation of critical habitat requirements of the species and identify immediate implementation of urgent would not be beneficial to the species. specific areas within the geographical recovery actions and describes the In determining whether a designation area occupied by the species at the time process to be used to develop a recovery would not be beneficial, the factors the of listing and any specific areas outside plan. Revisions of the plan may be done Service may consider include but are the geographical area occupied by the to address continuing or new threats to not limited to: Whether the present or species to be considered for designation the species, as new substantive threatened destruction, modification, or as critical habitat. A careful assessment information becomes available. The curtailment of a species’ habitat or range of the economic impacts that may occur recovery plan also identifies recovery is not a threat to the species, or whether due to a critical habitat designation is criteria for review of when a species any areas meet the definition of ‘‘critical still ongoing, and we are in the process may be ready for downlisting or habitat.’’ of acquiring the necessary information delisting, and methods for monitoring recovery progress. Recovery plans also Prudency of Critical Habitat needed to perform that assessment. The information sufficient to perform a establish a framework for agencies to There is currently no imminent threat required analysis of the impacts of the coordinate their recovery efforts and of take attributed to collection or designation is lacking. Accordingly, we provide estimates of the cost of vandalism identified under Factor B for find that critical habitat for these implementing recovery tasks. Recovery these species, and identification and species, in accordance with section teams (composed of species experts, mapping of critical habitat is not 4(a)(3)(A) of the Act, to be not Federal and State agencies, expected to initiate any such threat. In determinable at this time. When critical nongovernmental organizations, and the absence of finding that the habitat is not determinable, the Act stakeholders) are often established to designation of critical habitat would allows the Service an additional year to develop recovery plans. When increase threats to a species, we next publish a critical habitat designation (16 completed, a recovery outline, draft determine whether such designation of U.S.C. 1533(b)(6)(C)(ii)). recovery plan, and the final recovery critical habitat would not be beneficial plan will be available on our Web site to the species. We have determined that Available Conservation Measures (http://www.fws.gov/endangered) or there are habitat-based threats to these Conservation measures provided to from our South Florida Ecological species identified under Factor A. species listed as endangered or Services Field Office (see ADDRESSES). Therefore, we find that the designation threatened under the Act include Implementation of recovery actions of critical habitat would be beneficial to recognition, recovery actions, generally requires the participation of a broad range of partners, including other these species through the provisions of requirements for Federal protection, and Federal agencies, States, Tribes, section 7 of the Act. Because we have prohibitions against certain practices. nongovernmental organizations, determined that the designation of Recognition through listing results in businesses, and private landowners. critical habitat will not likely increase public awareness and conservation by Examples of recovery actions include the degree of threat to the four plant Federal, State, Tribal, and local habitat restoration (e.g., restoration of species and would be beneficial, we agencies; private organizations; and native vegetation), research, captive find that designation of critical habitat individuals. The Act encourages propagation and reintroduction, and is prudent for Dalea carthagenensis var. cooperation with the States and other outreach and education. The recovery of floridana, Sideroxylon reclinatum ssp. countries and calls for recovery actions many listed species cannot be austrofloridense, Digitaria pauciflora, to be carried out for listed species. The accomplished solely on Federal lands and Chamaesyce deltoidea ssp. protection required by Federal agencies pinetorum. because their range may occur primarily and the prohibitions against certain or solely on non-Federal lands. To Critical Habitat Determinability activities are discussed, in part, below. achieve recovery of these species Having determined that designation is The primary purpose of the Act is the requires cooperative conservation efforts prudent, under section 4(a)(3) of the conservation of endangered and on private, State, and Tribal lands. Act, we must find whether critical threatened species and the ecosystems Following publication of this final habitat for the four plant species is upon which they depend. The ultimate listing rule, funding for recovery actions determinable. Our regulations at 50 CFR goal of such conservation efforts is the will be available from a variety of 424.12(a)(2) state that critical habitat is recovery of these listed species, so that sources, including Federal budgets, not determinable when one or both of they no longer need the protective State programs, and cost share grants for the following situations exist: measures of the Act. Subsection 4(f) of non-Federal landowners, the academic (i) Information sufficient to perform the Act calls for the Service to develop community, and nongovernmental required analysis of the impacts of the and implement recovery plans for the organizations. In addition, pursuant to designation is lacking, or conservation of endangered and section 6 of the Act, the State of Florida (ii) The biological needs of the species threatened species. The recovery will be eligible for Federal funds to are not sufficiently well known to planning process involves the implement management actions that identify any area that meets the identification of actions that are promote the protection or recovery of definition of ‘‘critical habitat.’’ necessary to halt or reverse the species’ Sideroxylon reclinatum ssp. As required by section 4(b)(2) of the decline by addressing the threats to its austrofloridense, Digitaria pauciflora, Act, we use the best scientific data survival and recovery. The goal of this Chamaesyce deltoidea ssp. pinetorum, available to designate critical habitat process is to restore listed species to a and Dalea carthagenensis var. floridana. after taking into consideration the point where they are secure, self- Information on our grant programs that economic impact, national security sustaining, and functioning components are available to aid species recovery can impact, and any other relevant impact of of their ecosystems. be found at: http://www.fws.gov/grants.

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Please let us know if you are digging up, or damaging or destroying of are carried out in accordance with interested in participating in recovery any such species on any other area in existing regulations and permit efforts for Sideroxylon reclinatum ssp. knowing violation of any State law or requirements; this list is not austrofloridense, Digitaria pauciflora, regulation, or in the course of any comprehensive: Chamaesyce deltoidea ssp. pinetorum, violation of a State criminal trespass (1) Normal agricultural and and Dalea carthagenensis var. floridana. law. Exceptions to these prohibitions silvicultural practices, including Additionally, we invite you to submit are outlined in 50 CFR 17.62. herbicide and pesticide use, which are any new information on these plants We may issue permits to carry out carried out in accordance with any whenever it becomes available and any otherwise prohibited activities existing regulations, permit and label information you may have for recovery involving endangered plants under requirements, and best management planning purposes (see FOR FURTHER certain circumstances. Regulations practices; and INFORMATION CONTACT). governing permits are codified at 50 (2) Normal residential landscape Section 7(a) of the Act requires CFR 17.62. With regard to endangered activities. Federal agencies to evaluate their plants, the Service may issue a permit Questions regarding whether specific actions with respect to any species that authorizing any activity otherwise activities would constitute a violation of is listed as an endangered or threatened prohibited by 50 CFR 17.61 for scientific section 9 of the Act should be directed species and with respect to its critical purposes or for enhancing the to the South Florida Ecological Services habitat, if any is designated. Regulations propagation or survival of endangered Field Office (see FOR FURTHER implementing this interagency plants. INFORMATION CONTACT). Requests for cooperation provision of the Act are With respect to threatened plants, 50 copies of regulations regarding listed codified at 50 CFR part 402. Section CFR 17.71 provides that all of the species and inquiries about prohibitions 7(a)(2) of the Act requires Federal provisions in 50 CFR 17.61 shall apply and permits should be addressed to the agencies to ensure that activities they to threatened plants. These provisions U.S. Fish and Wildlife Service, authorize, fund, or carry out are not make it illegal for any person subject to Ecological Services Division, likely to jeopardize the continued the jurisdiction of the United States to Endangered Species Permits, 1875 existence of any endangered or import or export, transport in interstate Century Boulevard, Atlanta, GA 30345 threatened species or destroy or or foreign commerce in the course of a (telephone 404–679–7140; fax 404–679– adversely modify its critical habitat. If a commercial activity, sell or offer for sale 7081). Federal action may affect a listed in interstate or foreign commerce, or to With Sideroxylon reclinatum ssp. species or its critical habitat, the remove and reduce to possession any austrofloridense, Digitaria pauciflora, responsible Federal agency must enter such plant species from areas under Chamaesyce deltoidea ssp. pinetorum, into consultation with the Service. Federal jurisdiction. However, there is and Dalea carthagenensis var. floridana Federal agency actions within these one exception for threatened plants. listed under the Act, the State of species’ habitat that may require Seeds of cultivated specimens of species Florida’s Endangered Species Act consultation as described in the treated as threatened shall be exempt (Florida Statutes 581.185) is preceding paragraph and include from all the provisions of 50 CFR 17.61, automatically invoked, which also management and any other landscape- provided that a statement that the seeds prohibits take of these plants and altering activities on Federal lands are of ‘‘cultivated origin’’ accompanies encourages conservation by State administered by the National Park the seeds or their container during the government agencies. However, as Service (ENP and BCNP), Department of course of any activity otherwise subject discussed above, these plants are Defense, and Department of Homeland to these regulations. already listed as endangered on the Security (United States Coast Guard); We may issue permits to carry out State of Florida’s Regulated Plant Index. issuance of section 404 Clean Water Act otherwise prohibited activities Further, the State may enter into (33 U.S.C. 1251 et seq.) permits by the involving threatened plants under agreements with Federal agencies to U.S. Army Corps of Engineers; certain circumstances. Regulations administer and manage any area construction and management of gas governing permits are codified at 50 required for the conservation, pipeline and power line rights-of-way CFR 17.72. A permit issued under this management, enhancement, or by the Federal Energy Regulatory section must be for one of the following: protection of endangered species Commission; construction and scientific purposes, the enhancement of (Florida Statutes 581.185). Funds for maintenance of roads or highways by the propagation or survival of these activities could be made available the Federal Highway Administration; threatened species, economic hardship, under section 6 of the Act (Cooperation and disaster relief efforts conducted by botanical or horticultural exhibition, with the States). Thus, the Federal the Federal Emergency Management educational purposes, or other activities protection afforded to these plants by Agency. consistent with the purposes and policy listing them as endangered or With respect to endangered plants, of the Act. threatened species will be reinforced prohibitions outlined at 50 CFR 17.61 It is our policy, as published in the and supplemented by protection under make it illegal for any person subject to Federal Register on July 1, 1994 (59 FR State law. the jurisdiction of the United States to 34272), to identify, to the maximum Based on the best available import or export, transport in interstate extent practicable at the time a species information, the following activities or foreign commerce in the course of a is listed, those activities that would or may potentially result in a violation of commercial activity, sell or offer for sale would not constitute a violation of section 9 the Act; this list is not in interstate or foreign commerce, or to section 9 of the Act. The intent of this comprehensive: remove and reduce to possession any policy is to increase public awareness of (1) Importing any such species into, or such plant species from areas under the effect of a final listing on proposed exporting any of the four plant species Federal jurisdiction. In addition, for and ongoing activities within the range from, the United States. endangered plants, the Act prohibits of a listed species. Based on the best (2) Removing and reducing to malicious damage or destruction of any available information, the following possession any of the four plant species such species on any area under Federal actions are unlikely to result in a from areas under Federal jurisdiction; jurisdiction, and the removal, cutting, violation of section 9, if these activities maliciously damaging or destroying

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Dalea carthagenensis var. floridana on Government-to-Government Authors any such area; or removing, cutting, Relationship With Tribes The primary authors of this final rule digging up, or damaging or destroying In accordance with the President’s are the staff members of the South D. carthagenensis var. floridana on any memorandum of April 29, 1994 Florida Ecological Services Field Office. other area in knowing violation of any (Government-to-Government Relations law or regulation of any State or in the with Native American Tribal List of Subjects in 50 CFR Part 17 course of any violation of a State Governments; 59 FR 22951), Executive Endangered and threatened species, criminal trespass law. Order 13175 (Consultation and Exports, Imports, Reporting and (3) Delivering, receiving, carrying, Coordination With Indian Tribal recordkeeping requirements, transporting, or shipping in interstate or Governments), and the Department of Transportation. foreign commerce, by any means the Interior’s manual at 512 DM 2, we readily acknowledge our responsibility Regulation Promulgation whatsoever and in the course of a to communicate meaningfully with Accordingly, we amend part 17, commercial activity, any of the four recognized Federal Tribes on a plant species. subchapter B of chapter I, title 50 of the government-to-government basis. In Code of Federal Regulations, as follows: (4) Selling or offering for sale in accordance with Secretarial Order 3206 interstate or foreign commerce any of of June 5, 1997 (American Indian Tribal PART 17—ENDANGERED AND the four plant species. Rights, Federal-Tribal Trust THREATENED WILDLIFE AND PLANTS Responsibilities, and the Endangered Required Determinations Species Act), we readily acknowledge ■ 1. The authority citation for part 17 National Environmental Policy Act (42 our responsibilities to work directly continues to read as follows: U.S.C. 4321 et seq.) with tribes in developing programs for healthy ecosystems, to acknowledge that Authority: 16 U.S.C. 1361–1407; 1531– 1544; and 4201–4245, unless otherwise We have determined that tribal lands are not subject to the same noted. environmental assessments and controls as Federal public lands, to ■ environmental impact statements, as remain sensitive to Indian culture, and 2. Amend § 17.12(h) by adding entries defined under the authority of the to make information available to tribes. for Chamaesyce deltoidea ssp. National Environmental Policy Act, No tribal lands are affected by this final pinetorum, Dalea carthagenensis var. floridana, Digitaria pauciflora, and need not be prepared in connection rule. Sideroxylon reclinatum ssp. with listing a species as an endangered References Cited austrofloridense, in alphabetical order or threatened species under the A complete list of references cited in under FLOWERING PLANTS to read as Endangered Species Act. We published this rulemaking is available on the follows: a notice outlining our reasons for this Internet at http://www.regulations.gov determination in the Federal Register and upon request from the South § 17.12 Endangered and threatened plants. on October 25, 1983 (48 FR 49244). Florida Ecological Services Field Office * * * * * (see ADDRESSES). (h) * * *

Scientific name Common name Where listed Status Listing citations and applicable rules

FLOWERING PLANTS

******* Chamaesyce deltoidea ssp. Pineland Wherever T 82 FR [Insert Federal Register page where the document be- pinetorum. sandmat. found. gins]; 10/06/2017.

******* Dalea carthagenensis var. Florida prairie- Wherever E 82 FR [Insert Federal Register page where the document be- floridana. clover. found. gins]; 10/06/2017.

******* Digitaria pauciflora ...... Florida crab- Wherever T 82 FR [Insert Federal Register page where the document be- grass. found. gins]; 10/06/2017.

******* Sideroxylon reclinatum ssp. Everglades Wherever T 82 FR [Insert Federal Register page where the document be- austrofloridense. bully. found. gins]; 10/06/2017.

*******

Dated: September 7, 2017. James W. Kurth, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 2017–21617 Filed 10–5–17; 8:45 am] BILLING CODE 4333–15–P

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Proposed Rules Federal Register Vol. 82, No. 193

Friday, October 6, 2017

This section of the FEDERAL REGISTER Initiative (75 FR 36467)—are Under the NPRM, the Department contains notices to the public of the proposed withdrawn. proposed to amend Part 1201 by issuance of rules and regulations. The promulgating a provision that would purpose of these notices is to give interested ADDRESSES: U.S. Department of Transportation, 1200 New Jersey Ave. have deviated from the OMB guidance persons an opportunity to participate in the by making clear that geographic-based rule making prior to the adoption of the final SE., Washington, DC 20590, 202–366– rules. 9152. hiring preferences might be used in Electronic Access: You can view and certain DOT grant programs. However, download related documents and public the proposed deviation would have only DEPARTMENT OF TRANSPORTATION comments by going to the Web site applied to the extent that such http://www.regulations.gov. Enter the geographic-based hiring preferences Office of the Secretary docket number DOT–OST–2015–0013 would not have otherwise been in the search field. prohibited by Federal statute or 2 CFR Part 1201 FOR FURTHER INFORMATION CONTACT: regulation. Terence Carlson, Assistant General Approximately 181 comments were [Docket DOT–OST–2015–0013] Counsel for General Law (OST–C10), filed in response to the NPRM. These RIN 2105–AE38 U.S. Department of Transportation, 1200 comments were submitted by New Jersey Ave. SE., Washington, DC approximately 23 contractors, 22 Geographic-Based Hiring Preferences 20590, 202–366–9152. contractor trade groups, 11 rolling stock in Administering Federal Awards SUPPLEMENTARY INFORMATION: manufacturers, 4 unions, 14 government agencies, 32 advocacy groups, 70 AGENCY: Office of the Secretary (OST); Background individuals, and 5 Federal and State U.S. Department of Transportation On March 6, 2015, the Department elected officials (U.S. Senator Charles E. (DOT). published an NPRM proposing to Schumer, U.S. Representative Tom ACTION: Notice of withdrawal of amend the Department’s regulations at 2 Reed, Georgia State Senator Nan Orrock, proposed rulemaking and related pilot CFR part 1201 to permit recipients and California State Senator Connie M. programs. subrecipients of certain DOT funds to Leyva, and California State Assembly impose geographic-based hiring Member Cheryl R. Brown). All of the SUMMARY: The Department of preferences whenever not otherwise construction and rolling stock industry Transportation (the Department) is prohibited by Federal law. On March comments were opposed to the adoption withdrawing a Notice of Proposed 13, 2015, the American Public of the proposed rule, while the Rulemaking (NPRM) issued on March 6, Transportation Association (APTA) filed advocacy groups and unions all were in 2015, that proposed to amend its a comment requesting that the favor. The individual commenters were regulations implementing the Department extend the comment period split. States and municipalities were Government-wide Uniform for the NPRM by 30 days to May 6, mostly in favor of the proposed rule. Administrative Requirements, Cost 2015. The Department granted APTA’s However, the California Department of Principles, and Audit Requirements for request on April 8, 2015 (80 FR 18784). Transportation (Caltrans), Regional Federal Awards to permit recipients and Recipients and subrecipients at the Transportation District in Denver (RTD- subrecipients of certain DOT funds to local government level have local hiring Denver), Foothill Transit, and the impose geographic-based hiring provisions that they apply to Capital Metropolitan Transportation preferences whenever not otherwise procurements that do not involve Authority expressed concerns with the prohibited by Federal law. The Federal funding. However, the implementation of the rule. Generally, Department is withdrawing this NPRM Department’s regulations at 2 CFR part commenters agreed that transportation because, after review of all comments, 1201, which adopted the Office of investments and policies can improve the Department has determined that Management and Budget’s (OMB) access to jobs, education, and goods promulgating a provision to allow revised Government-wide Uniform movement, while providing geographic-based hiring preferences is Administrative Requirements, Cost construction and operations jobs. not practicable for the efficient and cost- Principles, and Audit Requirements for However, many commenters questioned effective delivery of projects. Federal awards to non-Federal entities the assertion that local and geographic- Additionally, this Notice rescinds two at 2 CFR part 200 (Common Rule), based hiring preferences led to such related pilot programs: 1. Innovative prohibit the use of in-State or local economic benefits. Contracting and 2. FHWA HUD geographic-based preferences in the Discussion of Comments Livability Local Hire Initiative. evaluation of bids or proposals except DATES: As of October 6, 2017, the NPRM where Federal statute mandates or While there were comments regarding ‘‘Geographic-Based Hiring Preferences encourages the use of such preferences. the benefits of transportation in Administering Federal Awards,’’ This prohibition extends to the use of investments, commenters opposed to published on March 6, 2015 (80 FR geographic-based hiring preferences in the Department’s proposed amendments 12092), is withdrawn. As of October 6, contracts that are awarded by recipients to Part 1201 expressed concerns about 2017, the Department’s two and subrecipients with Federal financial the unintended consequences of the experimental contracting pilot assistance since such preferences could NPRM, including, for example, impacts programs—1. Innovative Contracting result in a competitive advantage for on safety, competitive bidding, the (Local Labor Hire) (80 FR 12557), and 2. contractors based in the targeted hiring ability to maintain a well-trained the FHWA HUD Livability Local Hire area. workforce, and increased project costs.

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Some commenters supported the Transportation to withhold federal impose geographic-based hiring proposed amendments because, among funding for highway construction preferences whenever not otherwise other reasons, local residents would contracts that were subject to a New prohibited by Federal law. DOT agrees benefit from such investments. Other York City law imposing disadvantages that the efficient use of federal funds is commenters explained that the NPRM on a class of responsible bidders, where the touchstone by which the legality of did not go far enough and should have the city failed to demonstrate that its state procurement rules, including any included other types of preferences, in departure from competitive bidding proposed geographic-based hiring addition to geographic-based. requirements was justified by preferences, for federally funded The Department’s proposed NPRM considerations of cost effectiveness. See projects is to be tested. Here, in light of did not make a distinction by project Compatibility of New York City Local the responses to the NPRM, the lack of type (e.g., transit vs. maritime project). Law 19 with Federal Highway Act data on whether specific local Many commenters, especially in the Competitive Bidding Requirements, 10 geographic preferences would have an transit arena, expressed strong Op. O.L.C. 101 (1986) (‘‘Competitive incidental effect on competition, the opposition to the application of the Bidding Requirements’’). Since that long-standing Federal government NPRM to rolling stock procurements 1986 opinion, FHWA had taken the prohibition in the Common Rule on the because of the potential effect on position that state or local bidding use of in-State or local geographic-based existing manufacturing plants and the specifications or contract requirements preferences, the demonstrated minimal capital and personnel investments that limit the pool of potential bidders interest from intended participants already made in specific parts of the violate section 112’s competition under the two experimental programs, country. requirement unless they directly relate and the inability to evaluate cost- Reason for Withdrawal to the bidder’s performance of the effectiveness based upon objective necessary work in a competent and criteria under the two experimental The Department operates two responsible manner. programs, the Department has experimental contracting pilot programs In 2013, OLC opined that a state or determined that promulgating a under FHWA and FTA’s existing local requirement that has only an regulation that would have deviated authorities: (i) Innovative Contracting incidental effect on the pool of potential from the OMB guidance in the Common (Local Labor Hire) (80 FR 12257) and (ii) bidders or that imposes reasonable Rule, by allowing the use of geographic- FHWA HUD Livability Local Hire requirements related to the performance based hiring preferences in some of the Initiative (75 FR 36467). The Local of the necessary work would not unduly Department’s grant programs, is not Labor Hire pilot is conducted under 23 limit competition. However, a practicable for the efficient and cost- U.S.C. 502 (i.e., FHWA’s Special requirement that has more than an effective delivery of projects. The Experimental Project No. 14 (SEP–14)) incidental effect on the pool of potential and 49 U.S.C. 5312, 5314 and 5325, and comments received did not include any bidders and does not relate to the work’s data that demonstrates that the claimed the FHWA HUD initiative is conducted performance would unduly limit under SEP–14. The Department has benefits of the proposed rule justify the competition unless it promotes the costs. The Department has also used these research authorities to efficient and effective use of federal advance non-traditional contracting determined that an additional request funds. OLC stated that generally for public comment based on the practices for contracts awarded by FTA speaking, state or local government and FHWA. proposed NPRM would not provide the requirements that eliminate or information needed to accomplish the Under SEP–14 and 49 U.S.C. 5312, disadvantage a class of potential stated purpose. 5314 and 5325, the Department has the responsible bidders (and thus have a flexibility to experiment with non-trivial effect on the pool of such Issued in Washington, DC, on October 2, innovative approaches to highway and bidders) to advance objectives unrelated 2017. transit contracting. However, the to the efficient use of federal funds or Elaine L. Chao, Department is discontinuing these two the integrity of the bidding process (or Secretary of Transportation. pilot programs because of minimal to the performance of the necessary [FR Doc. 2017–21574 Filed 10–5–17; 8:45 am] interest from intended participants and work in a competent and responsible BILLING CODE 4910–9X–P the difficulty in evaluating cost manner) are likely to unduly impede effectiveness based upon objective competition in contravention of the criteria. substantive component of section 112’s NUCLEAR REGULATORY For additional background, 23 U.S.C. competitive bidding requirement. OLC COMMISSION 112 requires a state transportation further reaffirmed the view expressed in department to award contracts using its 1986 opinion that ‘‘the efficient use 10 CFR Part 50 federal highway funds by ‘‘competitive of federal funds is the touchstone by [Docket No. PRM–50–115; NRC–2017–0132] bidding, unless the State transportation which the legality of state procurement department demonstrates . . . that rules for federally funded highway Fire Protection Compensatory some other method is more cost projects is to be tested,’’ Competitive Measures effective.’’ 23 U.S.C. 112(b)(1) (2006). Bidding Requirements, 10 Op. O.L.C. at For a bidding process to be 105. In 2013, OLC did not understand AGENCY: Nuclear Regulatory ‘‘competitive,’’ the state transportation section 112’s competitive bidding Commission. department must award contracts for requirement to compel FHWA to reject ACTION: Petition for rulemaking; notice projects ‘‘only on the basis of the lowest every state or local bidding specification of docketing and request for comment. responsive bid submitted by a bidder or contract requirement that may have meeting established criteria of the effect of reducing the number of SUMMARY: The U.S. Nuclear Regulatory responsibility.’’ Id. section 112(b)(1). potential bidders for a particular Commission (NRC) has received a For example, a 1986 opinion from the contract. petition for rulemaking dated May 1, Office of Legal Counsel (OLC) at the The stated purpose of this NPRM was 2017, from David Lochbaum with co- Department of Justice concluded that to permit recipients and subrecipients of petitioner Paul Gunter, on behalf of the section 112 obligated the Secretary of certain DOT grant program funds to Union of Concerned Scientists and

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Beyond Nuclear (the petitioners), I. Obtaining Information and Nuclear, with one co-petitioner, Paul requesting that the NRC ‘‘promulgate Submitting Comments Gunter of Beyond Nuclear. regulations that establish acceptable A. Obtaining Information III. The Petition conditions for use of compensatory measures (e.g., fire watches, Please refer to Docket ID NRC–2017– On behalf of the Union of Concerned surveillance cameras, etc.) during 0132 when contacting the NRC about Scientists and Beyond Nuclear, David periods when fire protection regulations the availability of information for this Lochbaum with co-petitioner Paul are not met.’’ The petition was docketed action. You may obtain publicly- Gunter request that the NRC amend its by the NRC on May 26, 2017, and has available information related to this regulations to establish acceptable been assigned Docket No. PRM–50–115. action by any of the following methods: conditions for the use of compensatory The NRC is examining the issues raised • Federal Rulemaking Web site: Go to measures (e.g., fire watches, in PRM–50–115 to determine whether http://www.regulations.gov and search surveillance cameras) during periods they should be considered in for Docket ID NRC–2017–0132. when fire protection regulations are not rulemaking. The NRC is requesting • NRC’s Agencywide Documents met. public comment on this petition. Access and Management System IV. Discussion of the Petition (ADAMS): You may obtain publicly- DATES: Submit comments by December The petitioners state that the NRC’s 20, 2017. Comments received after this available documents online in the ‘‘fire protection regulations were date will be considered if it is practical ADAMS Public Documents collection at primarily established with the issuance to do so, but the NRC is able to assure http://www.nrc.gov/reading-rm/ of Appendix R to 10 CFR part 50 in consideration only for comments adams.html. To begin the search, select 1980 and the NFPA [National Fire received on or before this date. ‘‘ADAMS Public Documents’’ and then Protection Association] 805 alternative select ‘‘Begin Web-based ADAMS regulations adopted in 2004.’’ The ADDRESSES: You may submit comments Search.’’ For problems with ADAMS, petitioners are referring to the final rule by any of the following methods: please contact the NRC’s Public in 1980 that issued appendix R to part • Federal Rulemaking Web site: Go to Document Room (PDR) reference staff at 50 of title 10 of the Code of Federal http://www.regulations.gov and search 1–800–397–4209, 301–415–4737, or by Regulations (10 CFR) and revised 10 for Docket ID NRC–2017–0132. Address email to [email protected]. The CFR 50.48 (45 FR 76602; November 19, questions about NRC dockets to Carol petition for rulemaking is available in 1980). The 2004 final rule (69 FR 33536; Gallagher; telephone: 301–415–3463; ADAMS under Accession No. June 6, 2004) further revised 10 CFR email: [email protected]. For ML17146A393. 50.48 and added alternative fire technical questions contact the • NRC’s PDR: You may examine and protection regulations based on National individual listed in the FOR FURTHER purchase copies of public documents at Fire Protection Association Standard INFORMATION CONTACT section of this the NRC’s PDR, Room O1–F21, One 805, ‘‘Performance-Based Standard for document. White Flint North, 11555 Rockville Fire Protection for Light Water Reactor Pike, Rockville, Maryland 20852. • Email comments to: Electric Generating Plants.’’ The [email protected]. If you B. Submitting Comments petitioners include as ‘‘Figure 1’’ in do not receive an automatic email reply their petition a timeline including Please include Docket ID NRC–2017– compensatory measure guidance confirming receipt, then contact us at 0132 in your comment submission. 301–415–1677. documents that the NRC has issued. The The NRC cautions you not to include • NRC guidance documents from Figure 1 Fax comments to: Secretary, U.S. identifying or contact information that in the petition include the following: Nuclear Regulatory Commission at 301– you do not want to be publicly (1) NRC Bulletin 1975–004, ‘‘Cable 415–1101. disclosed in your comment submission. Fire at Browns Ferry Nuclear Power • Mail comments to: Secretary, U.S. The NRC will post all comment Station,’’ March 25, 1975 (ADAMS Nuclear Regulatory Commission, submissions at http:// Accession No. ML070220189); Washington, DC 20555–0001, ATTN: www.regulations.gov as well as enter the (2) Nuclear Steam Supply System Rulemakings and Adjudications Staff. comment submissions into ADAMS. Vendor Standard Technical The NRC does not routinely edit • Hand deliver comments to: 11555 Specifications (NUREG–0103, comment submissions to remove Rockville Pike, Rockville, Maryland ‘‘Standard Technical Specifications for identifying or contact information. 20852, between 7:30 a.m. and 4:15 p.m. Babcock and Wilcox Pressurized Water (Eastern Time) Federal workdays; If you are requesting or aggregating Reactors,’’ Revision 0, 1976 (ADAMS telephone: 301–415–1677. comments from other persons for Accession No. ML17266A000), Revision submission to the NRC, then you should 1 (ADAMS Accession No. For additional direction on obtaining inform those persons not to include ML17266A001); NUREG–0123, information and submitting comments, identifying or contact information that ‘‘Standard Technical Specifications for see ‘‘Obtaining Information and they do not want to be publicly General Electric Boiling Water Submitting Comments’’ in the disclosed in their comment submission. Reactors,’’ Revision 0, 1976 (ADAMS SUPPLEMENTARY INFORMATION section of Your request should state that the NRC Accession No. ML17266A007), Revision this document. does not routinely edit comment 1 (ADAMS Accession No. FOR FURTHER INFORMATION CONTACT: submissions to remove such information ML17266A008); NUREG–0212, Jessica Kratchman, Office of Nuclear before making the comment ‘‘Standard Technical Specifications for Reactor Regulations, U.S. Nuclear submissions available to the public or Combustion Engineering Pressurized Regulatory Commission, Washington, entering the comment into ADAMS. Water Reactors,’’ Revision 0, 1976 (ADAMS Accession No. ML17266A003), DC 20555–0001; telephone: 301–415– II. The Petitioner 5112, email: Jessica.Kratchman@ Revision 1 (ADAMS Accession No. nrc.gov. The petition was filed by David ML17266A004); and NUREG–0452, Lochbaum, on behalf of the Union of ‘‘Standard Technical Specifications for SUPPLEMENTARY INFORMATION: Concerned Scientists and Beyond Westinghouse Pressurized Water

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Reactors,’’ Revision 0, 1976 (ADAMS (14) NUREG/CR–7135, SUMMARY: We propose to adopt a new Accession No. ML17266A005), Revision ‘‘Compensatory and Alternative airworthiness directive (AD) for certain 1 (ADAMS Accession No. Regulatory Measures for Nuclear Power The Boeing Company Model 787–8 and ML17266A006)); Plant Fire Protection (CARMEN–FIRE),’’ 787–9 airplanes. This proposed AD was (3) Branch Technical Position Final Report, August 2015 (ADAMS prompted by a report of an in-service Auxiliary Power Conversion Systems Accession No. ML15226A446). reliability issue of a latent flow sensor Branch 9.5–1, ‘‘Guidelines for Fire The petitioners assert that these failure combined with single cabin air Protection for Nuclear Power Plants,’’ guidance documents associated with the compressor (CAC) operation. This May 1, 1976 (ADAMS Accession No. current regulations are deficient for condition resulted in reduced airflow ML070660461), Revision 1, May 13, three reasons: which led to a persistent single CAC 1979 (ADAMS Accession No. (1) They are not regulations and, surge condition that caused overheat ML070660450); and Appendix A, therefore, convey unenforceable damage to the CAC inlet. This proposed ‘‘Guidelines for Fire Protection for expectations; AD would require installing new pack Nuclear Power Plants Docketed Prior to (2) They create confusion for control unit (PCU) software for the cabin July 1, 1976,’’ August 23, 1976 (ADAMS licensees, NRC inspectors and air conditioning and temperature Accession No. ML15322A269), and reviewers, and the public about what control system (CACTCS) and new CAC February 24, 1977 (ADAMS Accession constitutes an acceptable substitute for outlet pressure sensor J-tube hardware, No. ML070660458); compliance with fire protection and doing related investigative and (4) NUREG–0050, ‘‘Recommendations regulations following identification of a corrective actions if necessary. We are Related to Browns Ferry Fire,’’ February deficiency, as well as the permissible proposing this AD to address the unsafe 1976 (ADAMS Accession No. durations of the substitutions; and condition on these products. ML070520452); (3) They were not developed through DATES: We must receive comments on (5) NRC Generic Letter 1980–100, an open process, so the public did not this proposed AD by November 20, ‘‘Appendix R to 10 CFR Regarding Fire have opportunities to weigh in on the 2017. Protection—Federal Register Notice,’’ acceptability of various compensatory November 24, 1980 (ADAMS Accession measures. ADDRESSES: You may send comments, No. ML070220242); The petitioners assert that a proposed using the procedures found in 14 CFR (6) NRC Generic Letter 1981–012, rulemaking would ensure that 11.43 and 11.45, by any of the following ‘‘Fire Protection Rule (45 FR 76602, compensatory measures are used methods: • November 19, 1980),’’ February 20, 1981 appropriately following a violation in Federal eRulemaking Portal: Go to (ADAMS Accession No. ML031080537); fire protection regulations, and that the http://www.regulations.gov. Follow the (7) NRC Generic Letter 1986–010, rulemaking process would provide the instructions for submitting comments. ‘‘Implementation of Fire Protection • Fax: 202–493–2251. public the opportunity to weigh in on • Requirements,’’ April 24, 1986 (ADAMS the appropriateness of the use of various Mail: U.S. Department of Accession No. ML031150322); compensatory measures before the Transportation, Docket Operations, M– (8) NRC Generic Letter 1988–012, requirements are adopted as final. The 30, West Building Ground Floor, Room ‘‘Removal of Fire Protection petitioners also assert that a final rule W12–140, 1200 New Jersey Avenue SE., Requirements from Technical Washington, DC 20590. would clear up any current confusion • Specifications,’’ August 2, 1988 caused by the guidance documents for Hand Delivery: Deliver to Mail (ADAMS Accession No. ML031150471); the NRC’s licensees and inspectors and address above between 9 a.m. and 5 (9) NRC Information Notice No. 1997– would provide enforceable requirements p.m., Monday through Friday, except 048, ‘‘Inadequate or Inappropriate for the NRC. Federal holidays. Interim Fire Protection Compensatory For service information identified in Measures,’’ July 9, 1997 (ADAMS Dated at Rockville, Maryland, this 2nd day this NPRM, contact Boeing Commercial of October 2017. Accession No. ML070180068); Airplanes, Attention: Contractual & Data (10) NRC Bulletin 1992–01, ‘‘Failure For the Nuclear Regulatory Commission. Services (C&DS), 2600 Westminster of Thermo-Lag 330 Fire Barrier System Annette L. Vietti-Cook, Blvd., MC 110 SK57, Seal Beach, CA to Maintain Cabling in Wide Cable Secretary of the Commission. 90740–5600; telephone: 562–797–1717; Trays and Small Conduits Free from [FR Doc. 2017–21544 Filed 10–5–17; 8:45 am] Internet: https://www.myboeing Fire Damage,’’ June 24, 1992 (ADAMS BILLING CODE 7590–01–P fleet.com. You may view this service Accession No. ML031250239); information at the FAA, Transport (11) NRC Regulatory Issue Summary Standards Branch, 1601 Lind Avenue 2005–007, ‘‘Performance of Manual DEPARTMENT OF TRANSPORTATION SW., Renton, WA. For information on Actions to Satisfy the Requirements of the availability of this material at the 10 CFR part 50 Appendix R Section Federal Aviation Administration FAA, call 425–227–1221. It is also III.G.2.,’’ April 19, 2005 (ADAMS available on the Internet at http:// Accession No. ML042360547); 14 CFR Part 39 www.regulations.gov by searching for (12) NRC Regulatory Guide 1.189, and locating Docket No. FAA–2017– [Docket No. FAA–2017–0904; Product ‘‘Fire Protection for Nuclear Power Identifier 2017–NM–071–AD] 0904. Plants,’’ Revision 2, October 2009 (ADAMS Accession No. ML092580550); RIN 2120–AA64 Examining the AD Docket (13) NRC Regulatory Guide 1.205, You may examine the AD docket on ‘‘Risk-Informed, Performance-Based Fire Airworthiness Directives; The Boeing the Internet at http:// Protection for Existing Light-Water Company Airplanes www.regulations.gov by searching for Nuclear Power Plants,’’ Revision 0, May AGENCY: Federal Aviation and locating Docket No. FAA–2017– 2006 (ADAMS Accession No. Administration (FAA), DOT. 0904; or in person at the Docket ML061100174); Revision 1, December Management Facility between 9 a.m. ACTION: Notice of proposed rulemaking 2009 (ADAMS Accession No. and 5 p.m., Monday through Friday, (NPRM). ML092730314); and except Federal holidays. The AD docket

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contains this NPRM, the regulatory into an undetected surge. We have PCU software for the CACTCS and new evaluation, any comments received, and received a report of an in-service CAC outlet pressure sensor J-tube other information. The street address for reliability issue involving a latent flow hardware, and doing related the Docket Office (phone: 800–647– sensor failure combined with single investigative and corrective actions. 5527) is in the ADDRESSES section. CAC operation, which resulted in These documents are distinct since they Comments will be available in the AD reduced airflow and a persistent single apply to different airplane models. This docket shortly after receipt. CAC surge condition. During the surge, service information is reasonably FOR FURTHER INFORMATION CONTACT: the temperature exceeded the 450- available because the interested parties Caspar Wang, Aerospace Engineer, degree Fahrenheit maximum allowable have access to it through their normal Cabin Safety and Environmental temperature and generated enough heat course of business or by the means Systems Section, FAA, Seattle ACO energy to degrade the structural identified in the ADDRESSES section. Branch, 1601 Lind Avenue SW., Renton, integrity of the CAC inlet. The PCU FAA’s Determination WA 98057–3356; phone: 425–917–6414; software logic was only designed to fax: 425–917–6590; email: detect the surge when both CACs were We are proposing this AD because we [email protected]. operating on the same pack, and evaluated all the relevant information SUPPLEMENTARY INFORMATION: therefore, it was unable to detect a and determined the unsafe condition persistent single CAC surge condition described previously is likely to exist or Comments Invited which led to CAC inlet overheating. develop in other products of the same We invite you to send any written This overheating condition resulted in type design. relevant data, views, or arguments about structural degradation of the CAC inlet, this proposal. Send your comments to fumes in the cabin and flight deck, and Proposed AD Requirements an address listed under the ADDRESSES interruption to in-service air This proposed AD would require section. Include ‘‘Docket No. FAA– conditioning. accomplishing the actions specified in 2017–0904; Product Identifier 2017– In addition, we received a report of an the service information described NM–071–AD’’ at the beginning of your in-service event involving foreign object previously. For information on the comments. We specifically invite debris in the CAC inlet and procedures and compliance times, see comments on the overall regulatory, accumulation at the ozone converter this service information at http:// economic, environmental, and energy that also led to a persistent single CAC www.regulations.gov by searching for aspects of this NPRM. We will consider surge resulting in overheat damage to and locating Docket No. FAA–2017– all comments received by the closing the CAC inlet housing. The proposed 0904. date and may amend this NPRM PCU software change would redistribute The phrase ‘‘related investigative because of those comments. the airflow to provide more flow to a actions’’ is used in this proposed AD. We will post all comments we single CAC, reducing the potential for a Related investigative actions are follow- receive, without change, to http:// CAC surge. Reduced airflow leading to on actions that (1) are related to the www.regulations.gov, including any persistent CAC surge conditions and primary action, and (2) further personal information you provide. We CAC inlet overheating, if not corrected, investigate the nature of any condition will also post a report summarizing each could result in structural degradation of found. Related investigative actions in substantive verbal contact we receive the CAC inlet, and fumes in the cabin an AD could include, for example, about this NPRM. and flight deck, as well as causing inspections. interruption to in-service air Discussion conditioning. The phrase ‘‘corrective actions’’ is Boeing Model 787–8 and 787–9 used in this proposed AD. Corrective airplanes have two air conditioning Related Service Information Under 1 actions correct or address any condition packs, one on each side of the airplane. CFR Part 51 found. Corrective actions in an AD Each pack contains two CACs that We reviewed Boeing Service Bulletin could include, for example, repairs. function together under normal B787–81205–SB210075–00, Issue 003, Costs of Compliance operating conditions. The Smarter dated March 29, 2017; and Boeing Environmental Control System ensures Service Bulletin B787–81205– We estimate that this proposed AD that airflow is distributed equally across SB210077–00, Issue 003, dated October affects 62 airplanes of U.S. registry. We the CACs. If the airflow is low, a single 20, 2016. The service information estimate the following costs to comply operating CAC on a pack can be driven describes procedures for installing new with this proposed AD:

ESTIMATED COSTS

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

Software Installation ...... 1 work-hour × $85 per hour = $85 ...... $0 $85 $5,270 Modify Left and Right Inboard and Outboard 20 work-hours × $85 per hour = $1,700 ...... 22,821 24,521 1,520,302 CAC Modules.

We have received no definitive data Authority for This Rulemaking detail the scope of the Agency’s that would enable us to provide cost Title 49 of the United States Code authority. estimates for the on-condition actions specifies the FAA’s authority to issue We are issuing this rulemaking under specified in this proposed AD. rules on aviation safety. Subtitle I, the authority described in Subtitle VII, section 106, describes the authority of Part A, Subpart III, Section 44701: the FAA Administrator. Subtitle VII: ‘‘General requirements.’’ Under that Aviation Programs, describes in more section, Congress charges the FAA with

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promoting safe flight of civil aircraft in § 39.13 [Amended] if those actions were performed before the air commerce by prescribing regulations ■ 2. The FAA amends § 39.13 by adding effective date of this AD using the applicable for practices, methods, and procedures the following new airworthiness service information specified in paragraphs the Administrator finds necessary for directive (AD): (h)(1) or (h)(2) of this AD. (1) Boeing Service Bulletin B787–81205– safety in air commerce. This regulation The Boeing Company: Docket No. FAA– SB210075–00, Issue 002, dated May 11, 2016 is within the scope of that authority 2017–0904; Product Identifier 2017– because it addresses an unsafe condition NM–071–AD. (for Model 787–8 airplanes). that is likely to exist or develop on (2) Boeing Service Bulletin B787–81205– (a) Comments Due Date products identified in this rulemaking SB210077–00, Issue 002, dated May 11, 2016 action. We must receive comments by November (for Model 787–9 airplanes). 20, 2017. This proposed AD is issued in (i) Alternative Methods of Compliance accordance with authority delegated by (b) Affected ADs (AMOCs) the Executive Director, Aircraft None. (1) The Manager, Seattle ACO Branch, Certification Service, as authorized by (c) Applicability FAA, has the authority to approve AMOCs FAA Order 8000.51C. In accordance for this AD, if requested using the procedures This AD applies to The Boeing Company with that order, issuance of ADs is found in 14 CFR 39.19. In accordance with normally a function of the Compliance Model 787–8 and 787–9 airplanes, certificated in any category, as identified in 14 CFR 39.19, send your request to your and Airworthiness Division, but during the applicable service information specified principal inspector or local Flight Standards this transition period, the Executive in paragraphs (c)(1) and (c)(2) of this AD. District Office, as appropriate. If sending Director has delegated the authority to (1) Boeing Service Bulletin B787–81205– information directly to the manager of the issue ADs applicable to transport SB210075–00, Issue 003, dated March 29, certification office, send it to the attention of category airplanes to the Director of the 2017 (for Model 787–8 airplanes). the person identified in paragraph (j)(1) of System Oversight Division. (2) Boeing Service Bulletin B787–81205– this AD. Information may be emailed to: 9- SB210077–00, Issue 003, dated October 20, [email protected]. Regulatory Findings 2016 (for Model 787–9 airplanes). (2) Before using any approved AMOC, We determined that this proposed AD (d) Subject notify your appropriate principal inspector, would not have federalism implications Air Transport Association (ATA) of or lacking a principal inspector, the manager under Executive Order 13132. This America Code 21, Air conditioning. of the local flight standards district office/ proposed AD would not have a certificate holding district office. (e) Unsafe Condition substantial direct effect on the States, on (3) An AMOC that provides an acceptable the relationship between the national This AD was prompted by a report of an level of safety may be used for any repair, Government and the States, or on the in-service reliability issue involving a latent modification, or alteration required by this flow sensor failure combined with single distribution of power and AD if it is approved by the Boeing cabin air compressor (CAC) operation. This Commercial Airplanes Organization responsibilities among the various condition resulted in reduced airflow which levels of government. Designation Authorization (ODA) that has led to a persistent single CAC surge condition been authorized by the Manager, Seattle ACO For the reasons discussed above, I that caused overheat damage to the CAC Branch, to make those findings. To be certify this proposed regulation: inlet. We are issuing this AD to prevent CAC inlet overheating leading to structural approved, the repair method, modification (1) Is not a ‘‘significant regulatory deviation, or alteration deviation must meet action’’ under Executive Order 12866, degradation of the CAC inlet, fumes in the cabin and flight deck, and interruption to in- the certification basis of the airplane, and the (2) Is not a ‘‘significant rule’’ under service air conditioning. approval must specifically refer to this AD. the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, (f) Compliance (j) Related Information 1979), Comply with this AD within the (1) For more information about this AD, (3) Will not affect intrastate aviation compliance times specified, unless already contact Caspar Wang, Aerospace Engineer, in Alaska, and done. Cabin Safety and Environmental Systems Section, FAA, Seattle ACO Branch, 1601 (4) Will not have a significant (g) Software and Hardware Installation Lind Avenue SW., Renton, WA 98057–3356; economic impact, positive or negative, Within 36 months after the effective date on a substantial number of small entities phone: 425–917–6414; fax: 425–917–6590; of this AD: Install new pack control unit email: [email protected]. under the criteria of the Regulatory software for the cabin air conditioning and (2) For service information identified in Flexibility Act. temperature control system and new CAC this AD, contact Boeing Commercial outlet pressure sensor J-tube hardware, and List of Subjects in 14 CFR Part 39 do all applicable related investigative and Airplanes, Attention: Contractual & Data corrective actions; in accordance with the Services (C&DS), 2600 Westminster Blvd., Air transportation, Aircraft, Aviation MC 110 SK57, Seal Beach, CA 90740–5600; safety, Incorporation by reference, Accomplishment Instructions of the applicable service information specified in telephone: 562–797–1717; Internet: https:// Safety. paragraphs (g)(1) or (g)(2) of this AD. Related www.myboeingfleet.com. You may view this The Proposed Amendment investigative and corrective actions must be service information at the FAA, Transport done before further flight. Standards Branch, 1601 Lind Avenue SW., Accordingly, under the authority (1) For Boeing Model 787–8 airplanes: Renton, WA. For information on the delegated to me by the Administrator, Boeing Service Bulletin B787–81205– availability of this material at the FAA, call the FAA proposes to amend 14 CFR part SB210075–00, Issue 003, dated March 29, 425–227–1221. 39 as follows: 2017. (2) For Boeing Model 787–9 airplanes: Issued in Renton, Washington, on PART 39—AIRWORTHINESS Boeing Service Bulletin B787–81205– September 25, 2017. DIRECTIVES SB210077–00, Issue 003, dated October 20, Dionne Palermo, 2016. Acting Director, System Oversight Division, ■ 1. The authority citation for part 39 (h) Credit for Previous Actions Aircraft Certification Service. continues to read as follows: This paragraph provides credit for the [FR Doc. 2017–21365 Filed 10–5–17; 8:45 am] Authority: 49 U.S.C. 106(g), 40113, 44701. actions specified in paragraph (g) of this AD, BILLING CODE 4910–13–P

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DEPARTMENT OF TRANSPORTATION Internet: https://www.myboeing 400D, 747–400F, 747SR, and 747SP fleet.com. You may view this referenced series airplanes; and Model 757–200, Federal Aviation Administration service information at the FAA, –200PF, and –300 series airplanes. AD Transport Standards Branch, 1601 Lind 2013–01–02 requires replacing the 14 CFR Part 39 Avenue SW., Renton, WA. For control switches of the forward, aft, and [Docket No. FAA–2017–0905; Product information on the availability of this nose cargo doors of Model 747 Identifier 2017–NM–090–AD] material at the FAA, call 425–227–1221. airplanes; and replacing the control It is also available on the internet at switches of cargo doors 1 and 2 of RIN 2120–AA64 http://www.regulations.gov by searching Model 757 series airplanes. AD 2013– for and locating Docket No. FAA–2017– 01–02 resulted from reports of problems Airworthiness Directives; The Boeing 0905. associated with the uncommanded Company Airplanes operation of cargo doors. We issued AD Examining the AD Docket AGENCY: Federal Aviation 2013–01–02 to prevent injuries to Administration (FAA), DOT. You may examine the AD docket on persons and damage to the airplane. the Internet at http:// ACTION: Notice of proposed rulemaking www.regulations.gov by searching for Actions Since AD 2013–01–02 Was (NPRM). and locating Docket No. FAA–2017– Issued SUMMARY: We propose to supersede 0905; or in person at the Docket Since we issued AD 2013–01–02, Airworthiness Directive (AD) 2013–01– Management Facility between 9 a.m. additional un-commanded cargo door 02, which applies to certain The Boeing and 5 p.m., Monday through Friday, operation has been reported. In the most Company Model 747–100, 747–100B, except Federal holidays. The AD docket recent report the switch had only been 747–100B SUD, 747–200B, 747–200C, contains this NPRM, the regulatory installed for 44 months. Testing of failed 747–200F, 747–300, 747–400, 747– evaluation, any comments received, and switches found that the cargo door 400D, 747–400F, 747SR, and 747SP other information. The street address for control switch can remain actuated after series airplanes; and Model 757–200, the Docket Office (phone: 800–647– released to the OFF position. We have –200PF, and –300 series airplanes. AD 5527) is in the ADDRESSES section. determined that the replacements 2013–01–02 requires replacing the Comments will be available in the AD required by AD 2013–01–02 do not control switches of certain cargo doors. docket shortly after receipt. adequately address the identified unsafe Since we issued AD 2013–01–02, FOR FURTHER INFORMATION CONTACT: condition and that new improved additional un-commanded cargo door Caspar Wang, Aerospace Engineer, switches must be installed. With a new operation has been reported. This Cabin Safety and Environmental cargo door control and arm switch proposed AD would require Systems Section, FAA, Seattle ACO configuration installed, the operator replacement of certain cargo door Branch, 1601 Lind Avenue SW., Renton, must manually move both switches to control switches with a new improved WA 98057–3356; phone: 425–917–6414; operate the cargo door. Both switches switch; installation of an arm switch in fax: 425–917–6590; email: are spring loaded to the off position and certain cargo doors; operational and [email protected]. releasing either switch will stop the functional tests; and applicable on- SUPPLEMENTARY INFORMATION: door operation. We have also determined that certain condition actions. This proposed AD Comments Invited would also add airplanes to the Model 757–200CB series airplanes and applicability. We are proposing this AD We invite you to send any written Model 747–8F and 747–8 series to address the unsafe condition on these relevant data, views, or arguments about airplanes are affected by the identified products. this proposal. Send your comments to unsafe condition and must be included an address listed under the ADDRESSES in this proposed AD. DATES: We must receive comments on section. Include ‘‘Docket No. FAA– this proposed AD by November 20, 2017–0905; Product Identifier 2017– Related Service Information Under 1 2017. NM–090–AD’’ at the beginning of your CFR Part 51 ADDRESSES: You may send comments, comments. We specifically invite We reviewed the following Boeing using the procedures found in 14 CFR comments on the overall regulatory, service information. 11.43 and 11.45, by any of the following economic, environmental, and energy • Boeing Service Bulletin 747–52– methods: aspects of this NPRM. We will consider 2307, dated May 23, 2017, and Boeing • Federal eRulemaking Portal: Go to all comments received by the closing Service Bulletin 747–52–2308, dated http://www.regulations.gov. Follow the date and may amend this NPRM June 5, 2017. This service information instructions for submitting comments. because of those comments. describes procedures for replacement of • Fax: 202–493–2251. We will post all comments we the nose, forward, and aft cargo door • Mail: U.S. Department of receive, without change, to http:// control switches with new improved Transportation, Docket Operations, www.regulations.gov, including any switches, installation of an arm switch M–30, West Building Ground Floor, personal information you provide. We in the forward and aft cargo doors, a Room W12–140, 1200 New Jersey will also post a report summarizing each nose cargo door normal operational test, Avenue SE., Washington, DC 20590. substantive verbal contact we receive forward and aft cargo door open and • Hand Delivery: Deliver to Mail about this proposed AD. close functional tests, and applicable address above between 9 a.m. and 5 on-condition actions. These documents p.m., Monday through Friday, except Discussion are distinct since they apply to different Federal holidays. On January 4, 2013, we issued AD airplane models in different For service information identified in 2013–01–02, Amendment 39–17316 (78 configurations. this NPRM, contact Boeing Commercial FR 4051, January 18, 2013) (‘‘AD 2013– • Boeing Service Bulletin 757–52– Airplanes, Attention: Contractual & Data 01–02’’), for certain The Boeing 0093, Revision 1, dated April 21, 2017. Services (C&DS), 2600 Westminster Company Model 747–100, 747–100B, This service information describes Blvd., MC 110–SK57, Seal Beach, CA 747–100B SUD, 747–200B, 747–200C, procedures for replacement of the 90740–5600; telephone: 562–797–1717; 747–200F, 747–300, 747–400, 747– forward and aft cargo door control

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switches with new improved switches, accomplishing the actions identified as 200, –200CB, –200PF, and –300 series installation of an arm switch in the ‘‘RC’’ (required for compliance) in the airplanes, line numbers 1 through 1050. forward and aft cargo doors, an Accomplishment Instructions of Boeing However, the applicability of this operational test of the No. 1 and No. 2 Service Bulletin 747–52–2307, dated proposed AD includes four additional cargo doors, repetitive functional tests May 23, 2017; Boeing Service Bulletin Model 757 airplanes, variable numbers of the No. 1 and No. 2 cargo doors, and 747–52–2308, dated June 5, 2017; and NP901 through NP904 inclusive. We applicable on-condition actions. Boeing Service Bulletin 757–52–0093, have included this difference because of This service information is reasonably Revision 1, dated April 21, 2017; as new findings related to these additional available because the interested parties applicable; except for any differences airplanes indicating they are subject to have access to it through their normal identified as exceptions in the the identified unsafe condition. This course of business or by the means regulatory text of this proposed AD. difference has been coordinated with identified in the ADDRESSES section. This proposed AD also would add Boeing. Additionally, Boeing has airplanes to the applicability. indicated that Boeing Service Bulletin FAA’s Determination For information on the procedures 757–52–0093, Revision 1, dated April We are proposing this AD because we and compliance times, see this service 21, 2017, will be revised to include the evaluated all the relevant information information at http:// additional airplanes. We will consider and determined the unsafe condition www.regulations.gov by searching for including the revised service described previously is likely to exist or and locating Docket No. FAA–2017– information, if available, in the final develop in other products of these same 0905. rule. type designs. Differences Between This Proposed AD Costs of Compliance Proposed AD Requirements and the Service Information We estimate that this proposed AD This proposed AD would retain none The effectivity of Boeing Service affects 584 airplanes of U.S. registry. We of the requirements of AD 2013–01–02. Bulletin 757–52–0093, Revision 1, dated estimate the following costs to comply This proposed AD would require April 21, 2017, is limited to Model 757– with this proposed AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

Replacement (Boeing Service Bulletin 78 work-hours × $85 per hour = $6,630 $12,874 $19,504 ...... $273,056. 747-52-2307) (14 airplanes). Replacement (Boeing Service Bulletin 24 work-hours × $85 per hour = $2,040 980 3,020 ...... 283,880. 747-52-2308) (94 airplanes). Replacement (Boeing Service Bulletin 51 work-hours × $85 per hour = $4,335 10,626 14,961 ...... 7,121,436. 757-52-0093) (476 airplanes). Repetitive Test (Boeing Service Bulletin 3 work-hours × $85 per hour = $255 per 0 255 per test cycle 121,380 per test 757-52-0093) (476 airplanes). test cycle. cycle.

According to the manufacturer, some because it addresses an unsafe condition For the reasons discussed above, I of the costs of this proposed AD may be that is likely to exist or develop on certify this proposed regulation: covered under warranty, thereby products identified in this rulemaking (1) Is not a ‘‘significant regulatory reducing the cost impact on affected action. action’’ under Executive Order 12866, individuals. We do not control warranty This proposed AD is issued in coverage for affected individuals. As a accordance with authority delegated by (2) Is not a ‘‘significant rule’’ under result, we have included all available the Executive Director, Aircraft the DOT Regulatory Policies and costs in our cost estimate. Certification Service, as authorized by Procedures (44 FR 11034, February 26, FAA Order 8000.51C. In accordance 1979), Authority for This Rulemaking with that order, issuance of ADs is (3) Will not affect intrastate aviation Title 49 of the United States Code normally a function of the Compliance in Alaska, and specifies the FAA’s authority to issue and Airworthiness Division, but during rules on aviation safety. Subtitle I, this transition period, the Executive (4) Will not have a significant Section 106, describes the authority of Director has delegated the authority to economic impact, positive or negative, the FAA Administrator. Subtitle VII: issue ADs applicable to transport on a substantial number of small entities Aviation Programs, describes in more category airplanes to the Director of the under the criteria of the Regulatory detail the scope of the Agency’s System Oversight Division. Flexibility Act. authority. We are issuing this rulemaking under Regulatory Findings List of Subjects in 14 CFR Part 39 the authority described in Subtitle VII, We determined that this proposed AD Air transportation, Aircraft, Aviation Part A, Subpart III, Section 44701: would not have federalism implications safety, Incorporation by reference, ‘‘General requirements.’’ Under that under Executive Order 13132. This Safety. section, Congress charges the FAA with proposed AD would not have a promoting safe flight of civil aircraft in substantial direct effect on the States, on The Proposed Amendment air commerce by prescribing regulations the relationship between the national for practices, methods, and procedures Government and the States, or on the Accordingly, under the authority the Administrator finds necessary for distribution of power and delegated to me by the Administrator, safety in air commerce. This regulation responsibilities among the various the FAA proposes to amend 14 CFR part is within the scope of that authority levels of government. 39 as follows:

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PART 39—AIRWORTHINESS Service Bulletin 747–52–2307, dated May 23, modification, or alteration required by this DIRECTIVES 2017, do all applicable actions identified as AD if it is approved by the Boeing ‘‘RC’’ (required for compliance) in, and in Commercial Airplanes Organization ■ 1. The authority citation for part 39 accordance with, the Accomplishment Designation Authorization (ODA) that has continues to read as follows: Instructions of Boeing Service Bulletin 747– been authorized by the Manager, Seattle ACO 52–2307, dated May 23, 2017. Branch, to make those findings. To be Authority: 49 U.S.C. 106(g), 40113, 44701. (2) For airplanes identified in Boeing Service Bulletin 747–52–2308, dated June 5, approved, the repair method, modification § 39.13 [Amended] 2017: At the applicable time specified in deviation, or alteration deviation must meet ■ 2. The FAA amends § 39.13 by paragraph 1.E., ‘‘Compliance,’’ of Boeing the certification basis of the airplane, and the removing Airworthiness Directive (AD) Service Bulletin 747–52–2308, dated June 5, approval must specifically refer to this AD. 2013–01–02, Amendment 39–17316 (78 2017, do all applicable actions identified as (4) For service information that contains FR 4051, January 18, 2013), and adding RC in, and in accordance with the steps that are labeled as RC, the provisions the following new AD: Accomplishment Instructions of Boeing of paragraphs (j)(4)(i) and (j)(4)(ii) of this AD Service Bulletin 747–52–2308, dated June 5, apply. The Boeing Company: Docket No. FAA– 2017. (i) The steps labeled as RC, including 2017–0905; Product Identifier 2017– (3) For airplanes identified in Boeing NM–090–AD. Service Bulletin 757–52–0093, Revision 1, substeps under an RC step and any figures dated April 21, 2017: At the applicable times identified in an RC step, must be done to (a) Comments Due Date specified in paragraph 1.E., ‘‘Compliance,’’ of comply with the AD. If a step or substep is We must receive comments by November Boeing Service Bulletin 757–52–0093, labeled ‘‘RC Exempt,’’ then the RC 20, 2017. Revision 1, dated April 21, 2017, do all requirement is removed from that step or (b) Affected ADs applicable actions identified as RC in, and in substep. An AMOC is required for any accordance with, the Accomplishment deviations to RC steps, including substeps This AD replaces AD 2013–01–02, Instructions of Boeing Service Bulletin 757– Amendment 39–17316 (78 FR 4051, January and identified figures. 52–0093, Revision 1, dated April 21, 2017. (ii) Steps not labeled as RC may be 18, 2013) (‘‘AD 2013–01–02’’). (4) For airplanes identified in paragraph deviated from using accepted methods in (c) Applicability (c)(4) of this AD: Within 24 months after the effective date of this AD, replace the nose, accordance with the operator’s maintenance This AD applies to The Boeing Company forward, and aft cargo door control switches, or inspection program without obtaining airplanes; certificated in any category; as as applicable, with new improved switches, approval of an AMOC, provided the RC steps, identified in paragraphs (c)(1), (c)(2), (c)(3), install an arm switch in the forward and aft including substeps and identified figures, can and (c)(4) of this AD. cargo doors, do operational and functional still be done as specified, and the airplane (1) Model 747–8F and 747–8 series tests, and do applicable on-condition actions, can be put back in an airworthy condition. airplanes as identified in Boeing Service in accordance with a method approved by Bulletin 747–52–2307, dated May 23, 2017. the Manager, Seattle ACO Branch, FAA. (k) Related Information (2) Model 747–100, 747–100B, 747–100B (1) For more information about this AD, SUD, 747–200B, 747–200C, 747–200F, 747– (h) Exceptions to Service Information contact Caspar Wang, Aerospace Engineer, 300, 747–400, 747–400D, 747–400F, 747SR, Where Boeing Service Bulletin 747–52– Cabin Safety and Environmental Systems and 747SP series airplanes as identified in 2307, dated May 23, 2017; Boeing Service Boeing Service Bulletin 747–52–2308, dated Bulletin 747–52–2308, dated June 5, 2017; Section, FAA, Seattle ACO Branch, 1601 June 5, 2017. and Boeing Service Bulletin 757–52–0093, Lind Avenue SW., Renton, WA 98057–3356; (3) Model 757–200, –200PF, –200CB, and Revision 1, dated April 21, 2017; specify a phone: 425–917–6414; fax: 425–917–6590; –300 series airplanes as identified in Boeing compliance time after ‘‘the original issue date email: [email protected]. Service Bulletin 757–52–0093, Revision 1, of this service bulletin,’’ this AD requires (2) For service information identified in dated April 21, 2017. compliance within the specified compliance this AD, contact Boeing Commercial (4) Model 757–200, –200PF, –200CB, and time after the effective date of this AD. Airplanes, Attention: Contractual & Data –300 series airplanes, variable numbers Services (C&DS), 2600 Westminster Blvd., NP901 through NP904 inclusive. (i) Credit for Previous Actions MC 110–SK57, Seal Beach, CA 90740–5600; This paragraph provides credit for the (d) Subject actions specified in paragraph (g)(3) of this telephone: 562–797–1717; Internet: https:// Air Transport Association (ATA) of AD, if those actions were performed before www.myboeingfleet.com. You may view this America Code 52, Doors. the effective date of this AD using Boeing referenced service information at the FAA, Service Bulletin 757–52–0093, dated May 5, Transport Standards Branch, 1601 Lind (e) Unsafe Condition 2016. Avenue SW., Renton, WA. For information This AD was prompted by reports of un- (j) Alternative Methods of Compliance on the availability of this material at the commanded cargo door operation. We are FAA, call 425–227–1221. issuing this AD to prevent failures of the (AMOCs) cargo door control switch from allowing un- (1) The Manager, Seattle ACO Branch, Issued in Renton, Washington, on commanded movement of the cargo door, FAA, has the authority to approve AMOCs September 27, 2017. which if not corrected, could lead to injuries for this AD, if requested using the procedures Dionne Palermo, to persons and damage to the airplane. found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your Acting Director, System Oversight Division, (f) Compliance principal inspector or local Flight Standards Aircraft Certification Service. Comply with this AD within the District Office, as appropriate. If sending [FR Doc. 2017–21366 Filed 10–5–17; 8:45 am] compliance times specified, unless already information directly to the manager of the BILLING CODE 4910–13–P done. certification office, send it to the attention of the person identified in paragraph (k)(1) of (g) Required Actions this AD. Information may be emailed to: 9- Except as required by paragraph (h) of this [email protected]. AD: Do the applicable actions specified in (2) Before using any approved AMOC, paragraphs (g)(1), (g)(2), (g)(3), and (g)(4) of notify your appropriate principal inspector, this AD. or lacking a principal inspector, the manager (1) For airplanes identified in Boeing of the local flight standards district office/ Service Bulletin 747–52–2307, dated May 23, certificate holding district office. 2017: At the applicable time specified in (3) An AMOC that provides an acceptable paragraph 1.E., ‘‘Compliance,’’ of Boeing level of safety may be used for any repair,

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DEPARTMENT OF TRANSPORTATION of this material at the FAA, call 425– and 737–500 airplanes with winglets 227–1221. installed could grow and result in loss Federal Aviation Administration of the structural integrity of the wing, Examining the AD Docket and reduced, or complete loss of, 14 CFR Part 39 You may examine the AD docket on controllability of the airplane. the Internet at http:// [Docket No. FAA–2017–0903; Product www.regulations.gov by searching for Related Service Information Under 1 Identifier 2017–NM–074–AD] and locating Docket No. FAA–2017– CFR Part 51 0903; or in person at the Docket RIN 2120–AA64 We reviewed Aviation Partners Management Facility between 9 a.m. Boeing Service Bulletin AP737C–57– Airworthiness Directives; The Boeing and 5 p.m., Monday through Friday, 002, dated April 5, 2017. The service Company Airplanes except Federal holidays. The AD docket information describes procedures for contains this NPRM, the regulatory repetitive inspections for cracking of the AGENCY: Federal Aviation evaluation, any comments received, and lower wing skin, and on-condition Administration (FAA), DOT. other information. The street address for actions. This service information is ACTION: Notice of proposed rulemaking the Docket Office (phone: 800–647– reasonably available because the (NPRM). 5527) is in the ADDRESSES section. interested parties have access to it Comments will be available in the AD through their normal course of business SUMMARY: We propose to adopt a new docket shortly after receipt. or by the means identified in the airworthiness directive (AD) for certain FOR FURTHER INFORMATION CONTACT: ADDRESSES section. The Boeing Company Model 737–300 Lu Lu, Aerospace Engineer, Airframe and –500 series airplanes. This Section, FAA, Seattle ACO Branch, 1601 FAA’s Determination proposed AD was prompted by a report Lind Avenue SW., Renton, WA 98057– We are proposing this AD because we indicating that fatigue cracks were 3356; phone: 425–917–6478; fax: 425– evaluated all the relevant information found in the lower wing skin of an 917–6590; email: [email protected]. and determined the unsafe condition airplane with winglets installed. This SUPPLEMENTARY INFORMATION: described previously is likely to exist or proposed AD would require repetitive Comments Invited develop in other products of the same inspections for cracking of the lower type design. wing skin, and repair if necessary. We We invite you to send any written are proposing this AD to address the relevant data, views, or arguments about Proposed AD Requirements unsafe condition on these products. this proposal. Send your comments to This proposed AD would require DATES: We must receive comments on an address listed under the ADDRESSES accomplishment of the actions specified this proposed AD by November 20, section. Include ‘‘Docket No. FAA– in the service information described 2017. 2017–0903; Product Identifier 2017– previously, except as discussed under NM–074–AD’’ at the beginning of your ADDRESSES: You may send comments, ‘‘Differences Between this Proposed AD comments. We specifically invite and the Service Information.’’ using the procedures found in 14 CFR comments on the overall regulatory, 11.43 and 11.45, by any of the following economic, environmental, and energy Differences Between This Proposed AD methods: • aspects of this NPRM. We will consider and the Service Information Federal eRulemaking Portal: Go to all comments received by the closing Aviation Partners Boeing Service http://www.regulations.gov. Follow the date and may amend this NPRM instructions for submitting comments. Bulletin AP737C–57–002, dated April 5, • because of those comments. Fax: 202–493–2251. We will post all comments we 2017, specifies to contact the • Mail: U.S. Department of receive, without change, to http:// manufacturer for certain instructions, Transportation, Docket Operations, M– www.regulations.gov, including any but this proposed AD would require 30, West Building Ground Floor, Room personal information you provide. We using repair methods, modification W12–140, 1200 New Jersey Avenue SE., will also post a report summarizing each deviations, and alteration deviations in Washington, DC 20590. substantive verbal contact we receive one of the following ways: • • Hand Delivery: Deliver to Mail about this NPRM. In accordance with a method that address above between 9 a.m. and 5 we approve; or p.m., Monday through Friday, except Discussion • Using data that meet the Federal holidays. We have received a report indicating certification basis of the airplane, and For service information identified in that fatigue cracks were found in the that have been approved by the Boeing this NPRM, contact Aviation Partners lower wing skin at the farthest outboard Commercial Airplanes Organization Boeing, 2811 South 102nd Street, Suite fastener of stringer L–5 between wing Designation Authorization (ODA) whom 200, Seattle, WA 98168; phone: 1–206– station (WSTA) 479 and WSTA 505 on we have authorized to make those 830–7699; fax: 1–206–767–3355; email: a Model 737–300 airplane with Aviation findings. [email protected]; Internet: Partners Boeing blended winglet kit Costs of Compliance http://www.aviationpartnersboeing.com. installed per Supplemental Type You may view this service information Certificate (STC) ST01219SE. If not We estimate that this proposed AD at the FAA, Transport Standards corrected, fatigue cracking of the lower affects 93 airplanes of U.S. registry. We Branch, 1601 Lind Avenue SW., Renton, wing skin common to the runout of estimate the following costs to comply WA. For information on the availability stringer L–5 on Boeing Model 737–300 with this proposed AD:

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ESTIMATED COSTS

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

Repetitive inspection ...... 1 work-hour × $85 per hour = $85 $0 $85 per inspection Up to $7,905 per inspection cycle. per inspection cycle. cycle.

We have received no definitive data Procedures (44 FR 11034, February 26, consequent reduced, or complete loss of, that would enable us to provide cost 1979), controllability of the airplane. estimates for the on-condition actions (3) Will not affect intrastate aviation (f) Compliance in Alaska, and specified in this proposed AD. Comply with this AD within the (4) Will not have a significant Authority for This Rulemaking compliance times specified, unless already economic impact, positive or negative, done. Title 49 of the United States Code on a substantial number of small entities specifies the FAA’s authority to issue under the criteria of the Regulatory (g) Repetitive Inspection rules on aviation safety. Subtitle I, Flexibility Act. Within 18 months after the effective date section 106, describes the authority of of this AD: Do a detailed inspection for List of Subjects in 14 CFR Part 39 cracking of the lower wing skin external the FAA Administrator. Subtitle VII: surface at the stringer L–5 location on the left Aviation Programs, describes in more Air transportation, Aircraft, Aviation safety, Incorporation by reference, and right wings, in accordance with the detail the scope of the Agency’s Accomplishment Instructions of Aviation authority. Safety. Partners Boeing Service Bulletin AP737C– We are issuing this rulemaking under The Proposed Amendment 57–002, dated April 5, 2017. Repeat the inspection thereafter at intervals not to the authority described in Subtitle VII, Accordingly, under the authority Part A, Subpart III, Section 44701: exceed 6,000 flight cycles or 9,000 flight delegated to me by the Administrator, hours, whichever occurs first. ‘‘General requirements.’’ Under that the FAA proposes to amend 14 CFR part section, Congress charges the FAA with 39 as follows: (h) Repair promoting safe flight of civil aircraft in If any crack is found during any inspection air commerce by prescribing regulations PART 39—AIRWORTHINESS required by paragraph (g) of this AD, repair for practices, methods, and procedures DIRECTIVES before further flight using a method approved the Administrator finds necessary for in accordance with the procedures specified safety in air commerce. This regulation ■ 1. The authority citation for part 39 in paragraph (i) of this AD. Although is within the scope of that authority continues to read as follows: Aviation Partners Boeing Service Bulletin AP737C–57–002, dated April 5, 2017, because it addresses an unsafe condition Authority: 49 U.S.C. 106(g), 40113, 44701. specifies to contact Boeing for repair that is likely to exist or develop on instructions, and specifies that action as products identified in this rulemaking § 39.13 [Amended] ‘‘RC’’ (Required for Compliance), this AD action. ■ 2. The FAA amends § 39.13 by adding requires repair as specified in this paragraph. the following new airworthiness This proposed AD is issued in (i) Alternative Methods of Compliance accordance with authority delegated by directive (AD): (AMOCs) the Executive Director, Aircraft The Boeing Company: Docket No. FAA– (1) The Manager, Seattle ACO Branch, Certification Service, as authorized by 2017–0903; Product Identifier 2017– FAA, has the authority to approve AMOCs FAA Order 8000.51C. In accordance NM–074–AD. for this AD, if requested using the procedures with that order, issuance of ADs is (a) Comments Due Date found in 14 CFR 39.19. In accordance with normally a function of the Compliance 14 CFR 39.19, send your request to your We must receive comments by November principal inspector or local Flight Standards and Airworthiness Division, but during 20, 2017. this transition period, the Executive District Office, as appropriate. If sending Director has delegated the authority to (b) Affected ADs information directly to the manager of the issue ADs applicable to transport None. certification office, send it to the attention of the person identified in paragraph (j)(1) of category airplanes to the Director of the (c) Applicability this AD. Information may be emailed to: 9- System Oversight Division. This AD applies to The Boeing Company [email protected]. Regulatory Findings Model 737–300 and –500 series airplanes, (2) Before using any approved AMOC, certificated in any category, with blended notify your appropriate principal inspector, We determined that this proposed AD winglet kits installed in accordance with or lacking a principal inspector, the manager would not have federalism implications Supplemental Type Certificate (STC) of the local flight standards district office/ under Executive Order 13132. This ST01219SE. certificate holding district office. proposed AD would not have a (3) An AMOC that provides an acceptable (d) Subject level of safety may be used for any repair, substantial direct effect on the States, on modification, or alteration required by this the relationship between the national Air Transport Association (ATA) of America Code 57, Wings. AD if it is approved by the Boeing Government and the States, or on the Commercial Airplanes Organization distribution of power and (e) Unsafe Condition Designation Authorization (ODA) that has responsibilities among the various This AD was prompted by a report been authorized by the Manager, Seattle ACO levels of government. indicating that fatigue cracks were found in Branch, to make those findings. To be For the reasons discussed above, I the lower wing skin at stringer L–5 of a approved, the repair method, modification certify this proposed regulation: Boeing Model 737–300 airplane with deviation, or alteration deviation must meet winglets installed. We are issuing this AD to the certification basis of the airplane, and the (1) Is not a ‘‘significant regulatory detect and correct fatigue cracking of the approval must specifically refer to this AD. action’’ under Executive Order 12866, lower wing skin common to the runout of (4) Except as required by paragraph (h) of (2) Is not a ‘‘significant rule’’ under stringer L–5, which could grow and result in this AD: For service information that the DOT Regulatory Policies and loss of structural integrity of the wing, and contains steps that are labeled as RC, the

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provisions of paragraphs (i)(4)(i) and (i)(4)(ii) torque between the low-pressure (LP) available in the AD docket shortly after of this AD apply. pump impeller and the high-pressure receipt. (i) The steps labeled as RC, including (HP) pump shaft on the HP/LP pump FOR FURTHER INFORMATION CONTACT: substeps under an RC step and any figures and metering valve assembly, hereafter identified in an RC step, must be done to Robert Green, Aerospace Engineer, ECO referred to as the hydro-mechanical comply with the AD. If a step or substep is Branch, FAA, 1200 District Avenue, metering unit (HMU). Since we issued labeled ‘‘RC Exempt,’’ then the RC Burlington, MA 01803; phone: 781– AD 2012–03–11, the manufacturer requirement is removed from that step or 238–7754; fax: 781–238–7199; email: determined that incorporating substep. An AMOC is required for any [email protected]. deviations to RC steps, including substeps Modification TU 178 is a more effective and identified figures. method to reduce the risk of uncoupling SUPPLEMENTARY INFORMATION: (ii) Steps not labeled as RC may be between the LP fuel pump impeller and deviated from using accepted methods in the HP fuel pump shaft than the prior Comments Invited accordance with the operator’s maintenance Modification TU 147. This proposed AD or inspection program without obtaining We invite you to send any written approval of an AMOC, provided the RC steps, would require inspection and possible relevant data, views, or arguments about including substeps and identified figures, can replacement of the HMU. We are this proposal. Send your comments to still be done as specified, and the airplane proposing this AD to address the unsafe an address listed under the ADDRESSES can be put back in an airworthy condition. condition on these products. section. Include ‘‘Docket No. FAA– (j) Related Information DATES: We must receive comments on 2009–0889; Product Identifier 2009– this proposed AD by November 20, NE–35–AD’’ at the beginning of your (1) For more information about this AD, 2017. contact Lu Lu, Aerospace Engineer, Airframe comments. We specifically invite Section, FAA, Seattle ACO Branch, 1601 ADDRESSES: You may send comments, comments on the overall regulatory, Lind Avenue SW., Renton, WA 98057–3356; using the procedures found in 14 CFR economic, environmental, and energy phone: 425–917–6478; fax: 425–917–6590; 11.43 and 11.45, by any of the following aspects of this NPRM. We will consider email: [email protected]. methods: all comments received by the closing (2) For service information identified in • Federal eRulemaking Portal: Go to date and may amend this NPRM this AD, contact Aviation Partners Boeing, because of those comments. 2811 South 102nd Street, Suite 200, Seattle, http://www.regulations.gov. Follow the WA 98168; phone: 1–206–830–7699; fax: 1– instructions for submitting comments. We will post all comments we • Fax: 202–493–2251. receive, without change, to http:// 206–767–3355; email: leng@ • aviationpartners.com; Internet: http:// Mail: U.S. Department of www.regulations.gov, including any www.aviationpartnersboeing.com. You may Transportation, Docket Operations, M– personal information you provide. We view this referenced service information at 30, West Building Ground Floor, Room will also post a report summarizing each the FAA, Transport Standards Branch, 1601 W12–140, 1200 New Jersey Avenue SE., substantive verbal contact we receive Lind Avenue SW., Renton, WA. For Washington, DC 20590. about this NPRM. information on the availability of this • Hand Delivery: Deliver to Mail material at the FAA, call 425–227–1221. address above between 9 a.m. and 5 Discussion Issued in Renton, Washington, on p.m., Monday through Friday, except September 25, 2017. Federal holidays. We issued AD 2012–03–11, Dionne Palermo, For service information identified in Amendment 39–16953 (77 FR 8092, February 14, 2012), ‘‘AD 2012–03–11,’’ Acting Director, System Oversight Division, this NPRM, contact Safran Helicopter Aircraft Certification Service. Engines, S.A., 40220 Tarnos, France; for all Turbomeca S.A. Arriel 2B and 2B1 turboshaft engines. AD 2012–03–11 [FR Doc. 2017–21225 Filed 10–5–17; 8:45 am] phone: (33) 05 59 74 40 00; fax: (33) 05 requires checking the transmissible BILLING CODE 4910–13–P 59 74 45 15. You may view this service information at the FAA, Engine and torque between the LP pump impeller Propeller Standards Branch, 1200 and the HP pump shaft on the pre- and DEPARTMENT OF TRANSPORTATION District Avenue, Burlington, MA. For post-Modification TU 147 HMUs. AD information on the availability of this 2012–03–11 resulted from instances of Federal Aviation Administration material at the FAA, call 781–238–7125. uncoupling between the LP fuel pump It is also available on the Internet at impeller and the HP fuel pump shaft. 14 CFR Part 39 http://www.regulations.gov by searching We issued AD 2012–03–11 to prevent an for and locating Docket No. FAA–2009– uncommanded in-flight shutdown, [Docket No. FAA–2009–0889; Product which can result in a forced Identifier 2009–NE–35–AD] 0889. autorotation landing or accident. RIN 2120–AA64 Examining the AD Docket Actions Since AD 2012–03–11 Was You may examine the AD docket on Airworthiness Directives; Safran Issued the Internet at http:// Helicopter Engines, S.A., Turboshaft www.regulations.gov by searching for Since we issued AD 2012–03–11, the Engines and locating Docket No. FAA–2009– manufacturer determined that AGENCY: Federal Aviation 0889; or in person at the Docket modification of an engine to incorporate Administration (FAA), DOT. Management Facility between 9 a.m. Modification TU 178 is a more effective ACTION: Notice of proposed rulemaking and 5 p.m., Monday through Friday, method to reduce the risk of uncoupling (NPRM). except Federal holidays. The AD docket between the LP fuel pump impeller and contains this proposed AD, the the HP fuel pump shaft than the prior SUMMARY: We propose to supersede mandatory continuing airworthiness Modification TU 147. Also since we airworthiness directive (AD) 2012–03– information, regulatory evaluation, any issued AD 2012–03–11, the European 11 that applies to all Safran Helicopter comments received, and other Aviation Safety Agency (EASA) has Engines, S.A., Arriel 2B and 2B1 information. The address for the Docket issued AD 2017–0102, dated June 13, turboshaft engines. AD 2012–03–11 Office (phone: 800–647–5527) is in the 2017, which requires inspection and requires checking the transmissible ADDRESSES section. Comments will be possible replacement of the HMU.

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Related Service Information Under 1 Other Related Service Information develop in other products of the same CFR Part 51 type design. Safran Helicopter Engines has issued Turbomeca, S.A., has issued Alert MSB 292 73 2178, Version B, dated Proposed AD Requirements Mandatory Service Bulletin (MSB) A292 March 23, 2017, introducing an HMU This proposed AD would require 73 2830, Version B, dated July 10, 2009, with a reinforced drive link between the inspection and, depending on the and Alert MSB A292 73 2836, Version LP impeller and fuel pump drive shaft results of the inspection, possible A, dated August 17, 2010. Turbomeca (Modification TU 178). Safran replacement of the HMU. This proposed Alert MSB A292 73 2830, Version B, is Helicopter Engines has also issued MSB AD would further require replacement used to do the inspection for pre- A292 73 2830, Version C; and A292 73 of pre-Modification TU 178 HMUs with Modification TU 147 HMUs. Turbomeca 2836, Version B, both dated April 5, an HMU incorporating Modification TU Alert MSB A292 73 2836, Version A, is 2017, which exempt HMUs 178 within 2,200 engine flight hours or incorporating Modification TU 178 from used to do the inspection for HMUs that 72 months, whichever occurs later, after the inspections previously have incorporated Modification TU 147. the effective date of this AD. recommended by Turbomeca. This service information is reasonably Costs of Compliance available because the interested parties FAA’s Determination We estimate that this proposed AD have access to it through their normal We are proposing this AD because we affects 417 engines installed on course of business or by the means evaluated all the relevant information helicopters of U.S. registry. identified in the ADDRESSES section. and determined the unsafe condition We estimate the following costs to described previously is likely to exist or comply with this proposed AD:

ESTIMATED COSTS

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

Remove and replace the HP/LP fuel pump 2 work-hours × $85 per hour = $170 ...... $17,400 $17,570 $7,326,690 metering unit.

Authority for This Rulemaking Regulatory Findings PART 39—AIRWORTHINESS Title 49 of the United States Code We have determined that this DIRECTIVES specifies the FAA’s authority to issue proposed AD would not have federalism ■ 1. The authority citation for part 39 rules on aviation safety. Subtitle I, implications under Executive Order continues to read as follows: Section 106, describes the authority of 13132. This proposed AD would not the FAA Administrator. Subtitle VII, have a substantial direct effect on the Authority: 49 U.S.C. 106(g), 40113, 44701. Aviation Programs, describes in more States, on the relationship between the § 39.13 [Amended] detail the scope of the Agency’s national Government and the States, or ■ 2. The FAA amends § 39.13 by authority. on the distribution of power and removing airworthiness directive (AD) We are issuing this rulemaking under responsibilities among the various 2012–03–11, Amendment 39–16953 (77 the authority described in Subtitle VII, levels of government. FR 8092, February 14, 2012), and adding Part A, Subpart III, Section 44701, For the reasons discussed above, I the following new AD: ‘‘General requirements.’’ Under that certify that the proposed regulation: section, Congress charges the FAA with (1) Is not a ‘‘significant regulatory Safran Helicopter Engines (Type Certificate promoting safe flight of civil aircraft in action’’ under Executive Order 12866, previously held by Turbomeca, S.A.): air commerce by prescribing regulations (2) Is not a ‘‘significant rule’’ under Docket No. FAA–2009–0889; Product for practices, methods, and procedures the DOT Regulatory Policies and Identifier 2009–NE–35–AD. the Administrator finds necessary for Procedures (44 FR 11034, February 26, (a) Comments Due Date safety in air commerce. This regulation 1979), We must receive comments by November is within the scope of that authority (3) Will not affect intrastate aviation 20, 2017. because it addresses an unsafe condition in Alaska to the extent that it justifies that is likely to exist or develop on making a regulatory distinction, and (b) Affected ADs products identified in this rulemaking (4) Will not have a significant This AD replaces AD 2012–03–11, action. economic impact, positive or negative, Amendment 39–16953 (77 FR 8092, February This AD is issued in accordance with on a substantial number of small entities 14, 2012). authority delegated by the Executive under the criteria of the Regulatory (c) Applicability Director, Aircraft Certification Service, Flexibility Act. This AD applies to Safran Helicopter as authorized by FAA Order 8000.51C. List of Subjects in 14 CFR Part 39 Engines, S.A., Arriel 2B and 2B1 turboshaft In accordance with that order, issuance engines, except those incorporating of ADs is normally a function of the Air transportation, Aircraft, Aviation Modification TU 178. Compliance and Airworthiness safety, Incorporation by reference, (d) Subject Division, but during this transition Safety. period, the Executive Director has Joint Aircraft System Component (JASC) delegated the authority to issue ADs The Proposed Amendment Code 7300, Engine Fuel and Control. applicable to engines, propellers, and Accordingly, under the authority (e) Unsafe Condition associated appliances to the Manager, delegated to me by the Administrator, This AD was prompted by analysis that Engine and Propeller Standards Branch, the FAA proposes to amend 14 CFR part indicated the modification of an engine to Policy and Innovation Division. 39 as follows: incorporate Modification TU 178 provides a

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more effective method than Modification TU 2017, for more information. You may ADDRESSES: You may send comments, 147 to reduce the risk of uncoupling between examine the MCAI in the AD docket on the using the procedures found in 14 CFR the low-pressure (LP) fuel pump impeller Internet at http://www.regulations.gov by 11.43 and 11.45, by any of the following and the high-pressure (HP) fuel pump shaft searching for and locating it in Docket No. methods: of the HP/LP pump and hydro-mechanical FAA–2009–0889. • metering unit (HMU). We are issuing this AD (3) For service information identified in Federal eRulemaking Portal: Go to to prevent failure of the HMU. The unsafe this AD, contact Safran Helicopter Engines, http://www.regulations.gov. Follow the condition, if not corrected, could result in S.A., 40220 Tarnos, France; phone: (33) 05 59 instructions for submitting comments. failure of the engine, in-flight shutdown, and 74 40 00; fax: (33) 05 59 74 45 15. You may • Fax: 202–493–2251. loss of the helicopter. view this referenced service information at • Mail: U.S. Department of the FAA, Engine and Propeller Standards (f) Compliance Transportation, Docket Operations, M– Branch, 1200 District Avenue, Burlington, 30, West Building Ground Floor, Room Comply with this AD within the MA 01803. For information on the compliance times specified, unless already W12–140, 1200 New Jersey Avenue SE., availability of this material at the FAA, call Washington, DC 20590. done. 781–238–7125. (1) Check the transmissible torque between • Hand Delivery: Deliver to Mail the LP fuel pump impeller and the HP fuel Issued in Burlington, Massachusetts, on address above between 9 a.m. and 5 pump shaft as follows: September 29, 2017. p.m., Monday through Friday, except (i) For pre-Modification TU 147 HMUs, Robert J. Ganley, Federal holidays. check the torque before accumulating 500 Manager, Engine and Propeller Standards For service information identified in engine flight hours (FHs) since March 11, Branch, Aircraft Certification Service. this NPRM, contact Airbus, 2010 or before the next flight, whichever [FR Doc. 2017–21344 Filed 10–5–17; 8:45 am] occurs later. Use Paragraph 2 of Turbomeca Airworthiness Office—EIAS, 1 Rond Alert Mandatory Service Bulletin (MSB) BILLING CODE 4910–13–P Point Maurice Bellonte, 31707 Blagnac A292 73 2830, Version B, dated July 10, 2009 Cedex, France; telephone +33 5 61 93 36 to do the check. 96; fax +33 5 61 93 44 51; email (ii) For HMUs that incorporated DEPARTMENT OF TRANSPORTATION [email protected]; Modification TU 147 on or before March 31, Internet http://www.airbus.com. You 2010, and those HMUs not listed in Figures Federal Aviation Administration may view this referenced service 2 or 3 of Turbomeca Alert MSB A292 73 information at the FAA, Transport 2836, Version A, dated August 17, 2010, 14 CFR Part 39 check the torque before the next flight. Use Standards Branch, 1601 Lind Avenue Paragraph 2 of Turbomeca Alert MSB A292 [Docket No. FAA–2017–0902; Product SW., Renton, WA. For information on 73 2836, Version A, to do the check. Identifier 2016–NM–188–AD] the availability of this material at the (2) If the HMU does not pass the torque FAA, call 425–227–1221. check, replace the HMU with a post- RIN 2120–AA64 Modification TU 178 HMU before the next Examining the AD Docket Airworthiness Directives; Airbus flight. You may examine the AD docket on Airplanes (g) Mandatory Terminating Action the Internet at http:// Within 2,200 engine FHs or 72 months AGENCY: Federal Aviation www.regulations.gov by searching for after the effective date of this AD, whichever Administration (FAA), DOT. and locating Docket No. FAA–2017– occurs first, replace any pre-Modification TU ACTION: Notice of proposed rulemaking 0902; or in person at the Docket 178 HMU with a post-Modification TU 178 (NPRM). Management Facility between 9 a.m. configuration HMU. and 5 p.m., Monday through Friday, (h) Installation Prohibition SUMMARY: We propose to supersede except Federal holidays. The AD docket Airworthiness Directive (AD) 2004–03– contains this proposed AD, the After the effective date of this AD, do not regulatory evaluation, any comments install a pre-Modification TU 178 HMU on 07, which applies to certain Airbus engines incorporating a post-Modification TU Model A320–111, –211, –212, and –231 received, and other information. The 178 HMU. series airplanes. AD 2004–03–07 street address for the Docket Operations requires repetitive inspections for office (telephone 800–647–5527) is in (i) Alternative Methods of Compliance the ADDRESSES section. Comments will (AMOCs) fatigue cracking around the fasteners attaching the pressure panel to the be available in the AD docket shortly (1) The Manager, ECO Branch, FAA, may flexible bracket at frame (FR) 36, after receipt. approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. adjacent to the longitudinal beams on FOR FURTHER INFORMATION CONTACT: In accordance with 14 CFR 39.19, send your the left and right sides of the airplane; Sanjay Ralhan, Aerospace Engineer, request to your principal inspector or local and repair as necessary. Since we issued International Section, Transport Flight Standards District Office, as AD 2004–03–07, additional cracking has Standards Branch, FAA, 1601 Lind appropriate. You may email your request to: been found under the longitudinal Avenue SW., Renton, WA 98057–3356; [email protected]. beams in locations outside of the telephone 425–227–1405; fax 425–227– (2) Before using any approved AMOC, inspection areas required by AD 2004– 1149. notify your appropriate principal inspector, 03–07. This proposed AD would retain or lacking a principal inspector, the manager SUPPLEMENTARY INFORMATION: certain requirements of AD 2004–03–07, of the local flight standards district office/ Comments Invited certificate holding district office. expand the applicability, and require an inspection of the fastener holes on the We invite you to send any written (j) Related Information pressure panel between FR 35 and FR relevant data, views, or arguments about (1) For more information about this AD, 36 under the longitudinal beam and this proposal. Send your comments to contact Robert Green, Aerospace Engineer, modification or repair as applicable. We an address listed under the ADDRESSES ECO Branch, FAA, 1200 District Avenue, are proposing this AD to address the section. Include ‘‘Docket No. FAA– Burlington, MA 01803; phone: 781–238– unsafe condition on these products. 7754; fax: 781–238–7199; email: 2017–0902; Product Identifier 2016– [email protected]. DATES: We must receive comments on NM–188–AD at the beginning of your (2) Refer to MCAI European Aviation this proposed AD by November 20, comments. We specifically invite Safety Agency AD 2017–0102, dated June 13, 2017. comments on the overall regulatory,

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economic, environmental, and energy condition for certain Airbus Model investigative action (e.g., high frequency aspects of this proposed AD. We will A318 and Model A319 series airplanes, eddy current (rototest) inspection of all consider all comments received by the Model A320–211, –212, –214, –231, the removed fastener holes) and closing date and may amend this –232, and –233 airplanes, and Model corrective actions (e.g., repair), by cold proposed AD based on those comments. A321–111, –112, –131, –211, –212, working the attachment holes under the We will post all comments we –213, –231, and –232 airplanes. The longitudinal beam at FR 36 for airplanes receive, without change, to http:// MCAI states: on which no cracking was found. www.regulations.gov, including any During fatigue tests, cracks were found In addition, Airbus issued Service personal information you provide. We around the fasteners connecting the pressure Bulletin A320–53–1263, Revision 01, will also post a report summarizing each panel with the flexible bracket at fuselage dated February 29, 2016, which substantive verbal contact we receive frame (FR) 36, adjacent to the longitudinal describes procedures for modifying the about this proposed AD. beams on left-hand (LH) and right-hand (RH) pressure panel above the left and right sides. longitudinal beams, including related Discussion This condition, if not detected and investigative actions (e.g., eddy current On January 29, 2004, we issued AD corrected, could impair the structural rotating probe inspection of the fastener 2004–03–07, Amendment 39–13451 (69 integrity of the aeroplane. To address this unsafe condition, DGAC holes) and corrective actions (e.g., FR 5907, February 9, 2004) (‘‘AD 2004– [Direction Ge´ne´rale de l’Aviation Civile] repair), by adding a doubler and a filler, 03–07’’), for certain Airbus Model France issued [French] AD 2000–531–155(B) and cold expansion of the holes under A320–111, –211, –212, and –231 series [which corresponds with FAA AD 2004–03– the longitudinal beam at FR 36 for airplanes. AD 2004–03–07 was 07] to require repetitive inspections of the airplanes on which cracking was found. prompted by fatigue tests which longitudinal beams of the FR 36 pressure This service information is reasonably revealed cracking around the fasteners panel and, depending on findings, the available because the interested parties attaching the pressure panel to the accomplishment of a repair. have access to it through their normal flexible bracket at FR 36, adjacent to the Since that [French] AD was issued, course of business or by the means longitudinal beams on the left and right additional cracks have been found under the beams, but in locations not covered by the identified in the ADDRESSES section. sides of the airplane. Investigation required inspections. Fatigue and damage revealed that the damage was caused by FAA’s Determination and Requirements tolerance analyses were performed, the of This Proposed AD high loads in this area. AD 2004–03–07 results of which indicated that all the holes requires repetitive inspections for in the pressure panel above all the This product has been approved by fatigue cracking around the fasteners longitudinal beams have to be cold worked. the aviation authority of another attaching the pressure panel to the For the reasons described above, this country, and is approved for operation flexible bracket at FR 36, adjacent to the [EASA] AD retains the requirements of DGAC in the United States. Pursuant to our longitudinal beams on the left and right France AD 2000–531–155(B), which is bilateral agreement with the State of sides of the airplane; and repair as superseded, extends the applicability to all A320 family aeroplanes and requires [a Design Authority, we have been notified necessary. AD 2004–03–07 also special detailed inspection of the fastener of the unsafe condition described in the provides an optional terminating action holes on the pressure panel between FR35 MCAI and service information for the repetitive inspections. We issued and FR36 under the longitudinal beam and] referenced above. We are proposing this AD 2004–03–07 to detect and correct modification [or repair] of all the affected AD because we evaluated all pertinent fatigue cracking around the fasteners holes. information and determined an unsafe attaching the pressure panel to the This [EASA] AD is republished to correct condition exists and is likely to exist or flexible bracket at the FR 36 adjacent to the number of the superseded DGAC AD. develop on other products of these same the longitudinal beams, which could You may examine the MCAI in the type designs. result in reduced structural integrity AD docket on the Internet at http:// and possible rapid decompression of the Differences Between This Proposed AD www.regulations.gov by searching for and the MCAI or Service Information airplane. and locating Docket No. FAA–2017– Since we issued AD 2004–03–07, 0902. The MCAI specifies that operators can additional cracks have been found calculate revised thresholds for Model under the longitudinal beams at Related Service Information Under 1 A319 and A320 series airplanes with locations that are not included in the CFR Part 51 sharklets installed (Airbus Service inspection area required by AD 2004– Airbus has issued Service Bulletin Bulletin A320–57–1193). This proposed 03–07. Fatigue and damage tolerance A320–53–1264, Revision 01, dated July AD does not include those calculations analyses were performed and the results 4, 2016. The service information because the calculations could result in indicated that all the holes in the describes procedures for a special different inspection thresholds for each pressure panel above the longitudinal detailed inspection (rotating probe) for individual airplane. However, under the beams have to be cold worked. cracking of the fastener holes on the provisions of paragraph (o)(1) of this The European Aviation Safety Agency pressure panel between FR 35 and FR AD, we will consider requests for (EASA), which is the Technical Agent 36 under the longitudinal beam and approval of alternative compliance for the Member States of the European repair of any crack. times. Union, has issued EASA Airworthiness Airbus has also issued Service Directive 2016–0206, dated October 13, Bulletin A320–53–1240, Revision 01, Costs of Compliance 2016; corrected October 14, 2016 dated April 4, 2016, which describes We estimate that this proposed AD (referred to after this as the Mandatory procedures for modifying the pressure affects 737 airplanes of U.S. registry. Continuing Airworthiness Information, panel above the left and right We estimate the following costs to or ‘‘the MCAI’’), to correct an unsafe longitudinal beams, including related comply with this proposed AD:

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ESTIMATED COSTS

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

Inspection [Retained Up to 2 work-hours × $85 per hour = $170 per $0 Up to $170 per inspec- Up to $125,290 per in- from AD 2004–03–07]. inspection cycle. tion cycle. spection cycle. Inspection [new pro- 13 work-hours × $85 per hour = $1,105 ...... 0 $1,105 ...... $814,385. posed requirement].

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

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per product

Modification ...... Up to 213 work-hours × $85 per hour = $18,105 ...... Up to $8,510 ...... Up to $26,615. Reporting ...... 1 work-hour × $85 per hour = $85 ...... $0 ...... $85.

We have received no definitive data air commerce by prescribing regulations List of Subjects in 14 CFR Part 39 that would enable us to provide a cost for practices, methods, and procedures Air transportation, Aircraft, Aviation estimate for the on-condition repairs the Administrator finds necessary for safety, Incorporation by reference, specified in the service information. safety in air commerce. This regulation is within the scope of that authority Safety. Paperwork Reduction Act because it addresses an unsafe condition The Proposed Amendment A federal agency may not conduct or that is likely to exist or develop on Accordingly, under the authority sponsor, and a person is not required to products identified in this rulemaking delegated to me by the Administrator, respond to, nor shall a person be subject action. the FAA proposes to amend 14 CFR part to penalty for failure to comply with a This proposed AD is issued in 39 as follows: collection of information subject to the accordance with authority delegated by the Executive Director, Aircraft requirements of the Paperwork PART 39—AIRWORTHINESS Certification Service, as authorized by Reduction Act unless that collection of DIRECTIVES information displays a current valid FAA Order 8000.51C. In accordance with that order, issuance of ADs is OMB control number. The control ■ 1. The authority citation for part 39 normally a function of the Compliance number for the collection of information continues to read as follows: required by this NPRM is 2120–0056. and Airworthiness Division, but during The paperwork cost associated with this this transition period, the Executive Authority: 49 U.S.C. 106(g), 40113, 44701. NPRM has been detailed in the Costs of Director has delegated the authority to § 39.13 [Amended] Compliance section of this document issue ADs applicable to transport ■ 2. The FAA amends § 39.13 by and includes time for reviewing category airplanes to the Director of the removing Airworthiness Directive (AD) instructions, as well as completing and System Oversight Division. 2004–03–07, Amendment 39–13451 (69 reviewing the collection of information. Regulatory Findings FR 5907, February 9, 2004), and adding Therefore, all reporting associated with We determined that this proposed AD the following new AD: this NPRM is mandatory. Comments would not have federalism implications concerning the accuracy of this burden Airbus: Docket No. FAA–2017–0902; Product under Executive Order 13132. This and suggestions for reducing the burden Identifier 2016–NM–188–AD. proposed AD would not have a should be directed to the FAA at 800 substantial direct effect on the States, on (a) Comments Due Date Independence Ave. SW., Washington, the relationship between the national We must receive comments by November DC 20591, ATTN: Information Government and the States, or on the 20, 2017. Collection Clearance Officer, AES–200. distribution of power and (b) Affected ADs Authority for This Rulemaking responsibilities among the various This AD replaces AD 2004–03–07, levels of government. Title 49 of the United States Code Amendment 39–13451 (69 FR 5907, February For the reasons discussed above, I 9, 2004) (‘‘AD 2004–03–07’’). specifies the FAA’s authority to issue certify this proposed regulation: rules on aviation safety. Subtitle I, 1. Is not a ‘‘significant regulatory (c) Applicability section 106, describes the authority of action’’ under Executive Order 12866; This AD applies to the Airbus airplanes the FAA Administrator. ‘‘Subtitle VII: 2. Is not a ‘‘significant rule’’ under the identified in paragraphs (c)(1) through (c)(4) Aviation Programs,’’ describes in more DOT Regulatory Policies and Procedures of this AD, certificated in any category, detail the scope of the Agency’s (44 FR 11034, February 26, 1979); except for airplanes on which Airbus authority. 3. Will not affect intrastate aviation in Modification 151574 was embodied in We are issuing this rulemaking under production. Alaska; and (1) Model A318–111, –112, –121, and –122 the authority described in ‘‘Subtitle VII, 4. Will not have a significant airplanes. Part A, Subpart III, Section 44701: economic impact, positive or negative, (2) Model A319–111, –112, –113, –114, General requirements.’’ Under that on a substantial number of small entities –115, –131, –132, and –133 airplanes. section, Congress charges the FAA with under the criteria of the Regulatory (3) Model A320–211, –212, –214, –231, promoting safe flight of civil aircraft in Flexibility Act. –232, and –233 airplanes.

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(4) Model A321–111, –112, –131, –211, the fasteners that attach the pressure panel to specifies to contact the manufacturer for –212, –213, –231, and –232 airplanes. the flexible bracket at FR 36, adjacent to the appropriate action: Before further flight, longitudinal beams on the left and right sides repair using a method approved in (d) Subject of the airplane, in accordance with the accordance with the procedures specified in Air Transport Association (ATA) of Accomplishment Instructions of Airbus paragraph (o)(2) of this AD. America Code 53, Fuselage. Service Bulletin A320–53–1030, Revision 01, dated May 21, 2002. (i) Retained Optional Terminating Action for (e) Reason (2) If no crack is detected by the inspection Paragraphs (g) and (h) of This AD, With This AD was prompted by fatigue tests required by paragraph (g)(1) of this AD, Revised Compliance Language which revealed cracking around the fasteners repeat the applicable inspection thereafter at This paragraph restates the requirements of attaching the pressure panel to the flexible intervals not to exceed 6,000 flight cycles for paragraph (e) of AD 2004–03–07, with bracket at frame (FR) 36, adjacent to the airplanes without a center fuel tank, and at revised compliance language. For Model longitudinal beams on the left and right sides intervals not to exceed 18,000 flight cycles A320–211, –212, and –231 series airplanes of the airplane. We are issuing this AD to for airplanes with a center fuel tank. having serial numbers 0002 through 0107 detect and correct fatigue cracking around (h) Retained Corrective Actions, With inclusive, except those airplanes on which the fasteners attaching the pressure panel to Specific Delegation Approval Language Airbus Modification 21202/K1432 has been the flexible bracket at the FR 36 adjacent to This paragraph restates the requirements of incorporated in production, or Airbus the longitudinal beams, which could result in Service Bulletin A320–53–1029, Revision 01, reduced structural integrity of the airplane paragraphs (c) and (d) of AD 2004–03–07, with specific delegation approval language. dated April 29, 2002: Modification, before and possible rapid decompression of the the effective date of this AD, of the structure airplane. (1) If any crack is detected during any inspection required by paragraph (g)(1) of around the fasteners that attach the pressure (f) Compliance this AD, before further flight, repair the panel to the flexible bracket at FR 36, Comply with this AD within the affected structure by accomplishing all adjacent to the longitudinal beams on the left compliance times specified, unless already applicable actions in accordance with and right sides of the airplane, by done. paragraphs 3.B. through 3.E. of the accomplishing all applicable actions in Accomplishment Instructions of Airbus accordance with paragraphs 3.A. through 3.E. (g) Retained Inspection and Follow-On Service Bulletin A320–53–1030, Revision 01, of the Accomplishment Instructions of Actions, With No Changes dated May 21, 2002. Repeat the applicable Airbus Service Bulletin A320–53–1029, This paragraph restates the requirements of inspection thereafter at intervals not to Revision 01, dated April 29, 2002, constitutes paragraphs (a) and (b) of AD 2004–03–07, exceed 6,000 flight cycles for airplanes terminating action for the actions required by with no changes. without a center fuel tank, and at intervals paragraphs (g) and (h) of this AD. not to exceed 18,000 flight cycles for (1) For Model A320–211, –212, and –231 (j) New Requirement of This AD: Inspection series airplanes having serial numbers 0002 airplanes with a center fuel tank. For any through 0107 inclusive, except those area where cracking is repaired, the repair For all airplanes, except for airplanes airplanes on which Airbus Modification constitutes terminating action for the identified in paragraph (l) of this AD: At the 21202/K1432 has been incorporated in repetitive inspection of that area. applicable time specified in table 1 to production, or on which Airbus Service Note 1 to paragraph (h)(1) of this AD: paragraph (j) of this AD, do a special detailed Bulletin A320–53–1029, Revision 01, dated Airbus Service Bulletin A320–53–1030 inspection for cracking of the fastener holes April 29, 2002, has been incorporated: Prior references Airbus Service Bulletin A320–53– on the pressure panel between FR 35 and FR to the accumulation of 30,000 total flight 1029, Revision 01, dated April 29, 2002, as 36 under the longitudinal beam, in cycles, do a rotating probe inspection on an additional source of service information accordance with the Accomplishment airplanes with a center fuel tank, or a for certain repairs. Instructions of Airbus Service Bulletin A320– detailed inspection on airplanes without a (2) If Airbus Service Bulletin A320–53– 53–1264, Revision 01, dated July 4, 2016. center fuel tank, to detect cracking around 1030, Revision 01, dated May 21, 2002, BILLING CODE 4910–13–P

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BILLING CODE 4910–13–C

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(k) On-Condition Actions Transport Standards Branch FAA; or the directly to the International Branch, send it (1) If, during any inspection required by EASA; or Airbus’s EASA DOA for approved to the attention of the person identified paragraph (j) of this AD, no cracking is found, repair instructions and within the paragraph (p)(2) of this AD. Information may or cracking is found that is within the limits compliance time specified in those be emailed to: 9-ANM-116-AMOC- specified in Airbus Service Bulletin A320– instructions, accomplish the repair [email protected]. Before using any 53–1264, Revision 01, dated July 4, 2016: accordingly. If no compliance time is defined approved AMOC, notify your appropriate Before further flight, modify the pressure in the repair instructions, accomplish the principal inspector, or lacking a principal panel above the left and right longitudinal repair before the next flight. inspector, the manager of the local flight standards district office/certificate holding beams, including doing all applicable related (m) Terminating Action for Repetitive district office. investigative and corrective actions, in Inspections Required by Paragraph (g)(2) of (2) Contacting the Manufacturer: As of the accordance with the Accomplishment This AD Instructions of Airbus Service Bulletin A320– effective date of this AD, for any requirement (1) Modification of an airplane as specified 53–1240, Revision 01, dated April 4, 2016; or in this AD to obtain corrective actions from in paragraph (m)(1)(i), (m)(1)(ii), or (m)(1)(iii) Service Bulletin A320–53–1263, Revision 01, a manufacturer, the action must be of this AD constitutes terminating action for dated February 29, 2016; as applicable. Do all accomplished using a method approved by the repetitive inspection required by related investigative and corrective actions the Manager, International Section, Transport paragraph (g)(2) of this AD for that airplane before further flight. Where Airbus Service Standards Branch, FAA; or the European only. Bulletin A320–53–1240, Revision 01, dated Aviation Safety Agency (EASA); or Airbus’s (i) Modification of an airplane as required April 4, 2016; and Service Bulletin A320–53– EASA Design Organization Approval (DOA). by paragraph (k)(1) of this AD. 1263, Revision 01, dated February 29, 2016; If approved by the DOA, the approval must (ii) Modification of an airplane prior to the specify to contact Airbus for appropriate include the DOA-authorized signature. effective date of this AD, in accordance with action: Before further flight, accomplish the (3) Required for Compliance (RC): Except the Accomplishment Instructions of Airbus repair in accordance with the procedures as required by paragraph (k)(2)(i) of this AD: Service Bulletin A320–53–1240, dated March specified in paragraph (o)(2) of this AD. If any service information contains 19, 2015; or Airbus Service Bulletin A320– (2) If, during any inspection required by procedures or tests that are identified as RC, 53–1263, dated March 19, 2015; as paragraph (j) of this AD, any cracking is those procedures and tests must be done to applicable. found that exceeds the limits specified in comply with this AD; any procedures or tests (iii) Modification of an airplane using Airbus Service Bulletin A320–53–1264, that are not identified as RC are instructions obtained in accordance with the Revision 01, dated July 4, 2016: Do the recommended. Those procedures and tests procedures specified in paragraph (o)(2) of actions specified in, and at the compliance that are not identified as RC may be deviated this AD. times specified in, paragraphs (k)(2)(i) and from using accepted methods in accordance (2) Repair of an airplane as required by (k)(2)(ii) of this AD. with the operator’s maintenance or paragraph (k)(2) of this AD constitutes (i) Before further flight, repair any cracking inspection program without obtaining terminating action for the repetitive in accordance with the Accomplishment approval of an AMOC, provided the inspections required by paragraph (g)(2) of Instructions of Airbus Service Bulletin A320– procedures and tests identified as RC can be this AD for that airplane, unless specified 53–1264, Revision 01, dated July 4, 2016. done and the airplane can be put back in an otherwise in the repair instructions approved Where Airbus Service Bulletin A320–53– airworthy condition. Any substitutions or by the Manager, International Section, 1264, Revision 01, dated July 4, 2016, changes to procedures or tests identified as Transport Standards Branch, FAA; or the specifies to contact Airbus for appropriate RC require approval of an AMOC. EASA; or Airbus’s EASA DOA. action, and specifies that action as ‘‘RC’’ (4) Reporting Requirements: A federal (Required for Compliance): Before further (n) Credit for Previous Actions agency may not conduct or sponsor, and a flight, request approval of repair instructions (1) This paragraph provides credit for person is not required to respond to, nor using a method approved in accordance with actions required by paragraphs (g) and (h)(1) shall a person be subject to a penalty for the procedures specified in paragraph (o)(2) of this AD, if those actions were performed failure to comply with a collection of of this AD, and accomplish the repair before March 15, 2004 (the effective date of information subject to the requirements of accordingly within the compliance time AD 2004–03–07) using Airbus Service the Paperwork Reduction Act unless that specified in those instructions. If no Bulletin A320–53–1030, dated January 5, collection of information displays a current compliance time is defined in the repair 2000; or Airbus Service Bulletin A320–53– valid OMB Control Number. The OMB instructions, accomplish the repair before 1029, dated January 5, 2000. Control Number for this information further flight. (2) This paragraph provides credit for collection is 2120–0056. Public reporting for (ii) At the times specified in paragraph actions required by paragraph (j) of this AD, this collection of information is estimated to (k)(2)(ii)(A) or (k)(2)(ii)(B) of this AD, as if those actions were performed before the be approximately 5 minutes per response, applicable: Report any findings of cracking effective date of this AD using Airbus Service including the time for reviewing instructions, that exceeds the limits specified in Airbus Bulletin A320–53–1264, dated March 19, completing and reviewing the collection of Service Bulletin A320–53–1264, Revision 01, 2015. information. All responses to this collection dated July 4, 2016, to Airbus Customer (3) This paragraph provides credit for of information are mandatory. Comments Services through TechRequest on Airbus actions required by paragraph (k)(1) of this concerning the accuracy of this burden and World (https://w3.airbus.com/) by selecting AD, if those actions were performed before suggestions for reducing the burden should Engineering Domain and ATA 57–10. the effective date of this AD using Airbus be directed to the FAA at 800 Independence (A) If the inspection was done on or after Service Bulletin A320–53–1240, dated March Ave. SW., Washington, DC 20591, Attn: the effective date of this AD: Report within 19, 2015; or Airbus Service Bulletin A320– Information Collection Clearance Officer, 90 days after that inspection. 53–1263, dated March 19, 2015; for that AES–200. (B) If the inspection was done before the airplane only. (p) Related Information effective date of this AD: Report within 90 days after the effective date of this AD. (o) Other FAA AD Provisions (1) Refer to Mandatory Continuing The following provisions also apply to this Airworthiness Information (MCAI) EASA AD (l) Actions for Certain Airplanes AD: 2016–0206, dated October 13, 2016; corrected For Model A319 and Model A320 series (1) Alternative Methods of Compliance October 14, 2016; for related information. airplanes on which the actions specified in (AMOCs): The Manager, International This MCAI may be found in the AD docket Airbus Service Bulletin A320–57–1193 have Section, Transport Standards Branch, FAA, on the Internet at http://www.regulations.gov been embodied and the airplane has has the authority to approve AMOCs for this by searching for and locating Docket No. accumulated 33,000 flight cycles or 66,000 AD, if requested using the procedures found FAA–2017–0902. flight hours or more since the airplane’s first in 14 CFR 39.19. In accordance with 14 CFR (2) For more information about this AD, flight on the effective date of this AD: Within 39.19, send your request to your principal contact Sanjay Ralhan, Aerospace Engineer, 30 days after the effective date of this AD, inspector or local Flight Standards District International Section, Transport Standards contact the Manager, International Section, Office, as appropriate. If sending information Branch, FAA, 1601 Lind Avenue SW.,

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Renton, WA 98057–3356; telephone 425– DATES: Comments must be received on Administrator promotes safe flight of 227–1405; fax 425–227–1149. or before November 6, 2017. civil aircraft in air commerce by (3) For service information identified in ADDRESSES: Send comments identified prescribing regulations and minimum this AD, contact Airbus, Airworthiness standards for other practices, methods, Office—EIAS, 1 Rond Point Maurice by docket number FAA–2017–0879 Bellonte, 31707 Blagnac Cedex, France; using any of the following methods: and procedures necessary for safety in telephone +33 5 61 93 36 96; fax +33 5 61 • Federal eRulemaking Portal: Go to air commerce and national security. 93 44 51; email account.airworth-eas@ http://www.regulations.gov and follow This action is within the scope of that airbus.com; Internet http://www.airbus.com. the online instructions for sending your authority. You may view this service information at the comments electronically. IAPs are promulgated by rulemaking FAA, Transport Standards Branch, 1601 Lind • Mail: Send comments to Docket procedures and are incorporated by Avenue SW., Renton, WA. For information Operations, M–30; U.S. Department of reference pursuant to 5 U.S.C. 552(a) on the availability of this material at the and 1 CFR part 51 into Title 14 of the FAA, call 425–227–1221. Transportation (DOT), 1200 New Jersey Avenue SE., Room W12–140, West Code of Federal Regulations; Part 97 (14 Issued in Renton, Washington, on CFR part 97), Subpart C—TERPS September 21, 2017. Building Ground Floor, Washington, DC 20590–0001. Procedures. Dionne Palermo, • Hand Delivery or Courier: Take Background Acting Director, System Oversight Branch, comments to Docket Operations in Aircraft Certification Service. The National Airspace System (NAS) Room W12–140 of the West Building is currently in transition to a ‘‘NextGen [FR Doc. 2017–21221 Filed 10–5–17; 8:45 am] Ground Floor at 1200 New Jersey NAS’’. During this transition, the FAA BILLING CODE 4910–13–P Avenue SE., Washington, DC, between 9 is managing the technology and and 5 p.m., Monday through Friday, procedures to support both the Legacy except Federal holidays. DEPARTMENT OF TRANSPORTATION NAS as well as the NextGen NAS. • Fax: Fax comments to Docket Managing two versions of the NAS Operations at 202–493–2251. Federal Aviation Administration requires excess manpower, Privacy: In accordance with 5 U.S.C. infrastructure, and information 553(c), DOT solicits comments from the 14 CFR Part 97 management which is costly and public to better inform its rulemaking unsupportable in the longterm. To [Docket No.: FAA–2017–0879] process. DOT posts these comments, mitigate these costs, the FAA has a RIN 2120–AA65 without edit, including any personal number of efforts underway to information the commenter provides, to effectively transition from the legacy to Criteria and Process for the www.regulations.gov, as described in the NextGen NAS. One area of focus for Cancellation of Standard Instrument the system of records notice (DOT/ALL– this transition is instrument flight Approach Procedures as Part of the 14 FDMS), which can be reviewed at procedures (IFPs). The FAA seeks to National Procedures Assessment www.dot.gov/privacy. ensure an effective transition from (NPA) Docket: Background documents or ground-based IFPs to greater availability comments received may be read at AGENCY: Federal Aviation and use of satellite-based IFPs while http://www.regulations.gov at any time. Administration (FAA), Department of maintaining NAS safety. Follow the online instructions for Transportation (DOT). In early 2015, the FAA requested the accessing the docket or go to the Docket ACTION: RTCA’s Tactical Operations Committee Proposed policy and request for Operations in Room W12–140 of the comment. (TOC) with providing feedback and West Building Ground Floor at 1200 recommendations on criteria and SUMMARY: As new technology facilitates New Jersey Avenue SE., Washington, processes for cancelling instrument the introduction of area navigation DC, between 9 a.m. and 5 p.m., Monday flight procedures. Among the many (RNAV) instrument approach through Friday, except Federal holidays. recommendations provided by the TOC procedures over the past decade, the FOR FURTHER INFORMATION CONTACT: For were criteria on how to identify circling number of procedures available in the technical questions concerning this procedures that would qualify as National Airspace System has nearly action, contact Lonnie Everhart, candidates for cancellation. As of the doubled. The complexity and cost to the Aeronautical Information Services AJV– beginning of 2017, there are Federal Aviation Administration (FAA) 5, Federal Aviation Administration, Air approximately 12,000 IAPs in of maintaining the instrument flight Traffic Organization, 6500 S. MacArthur publication, and there were nearly procedures inventory while expanding Blvd, Oklahoma City, OK 73169; 10,600 circling lines of minima. Circling the new RNAV capability is not Telephone (405) 954–4576; Email AMC- procedures account for approximately sustainable. The FAA is considering the [email protected]. one-third of all lines of minima in the cancellation of certain circling SUPPLEMENTARY INFORMATION: NAS. procedures (to include circling-only In its continued effort to right-size the instrument approach procedures (IAPs) Authority for This Rulemaking NAS through optimization and and circling minima charted on straight- Under 49 U.S.C. 40103(a), the elimination of redundant and in IAPs). The FAA proposes specific Administrator has broad authority to unnecessary IAPs, the FAA proposes the criteria to guide the identification and regulate the safe and efficient use of the following criteria to guide the selection of appropriate circling navigable airspace. The Administrator is identification and selection of procedures that can be considered for also authorized to issue air traffic rules appropriate circling procedures to be cancellation. The circling procedures and regulations to govern the flight, considered for cancellation. associated with this cancellation navigation, protection, and It should be noted that National initiative would be selected from the identification of aircraft for the Procedures Assessment (NPA) criteria outlined below. This document protections of persons and property on Instrument Flight Procedure (IFP) is not a part of the FAA’s VOR the ground and for the efficient use of cancellation activities and associated minimum operating network (MON) the navigable airspace. 49 U.S.C. criteria do not supersede similar initiative. 40103(b). Under Section 44701(a)(5), the activities being performed under the

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FAA’s VOR MON Program. See 81 FR cancellation memorandum and Issued in Washington, DC, on September 48694 (July 26, 2016). However, NPA completed checklist to the appropriate 22, 2017. IFP cancellation activities have been Regional Service Area, Operations Steven L. Szukala, coordinated with the FAA office Support Group.2 The Regional Service Manager, Instrument Flight Procedure Group, responsible for the VOR MON Area, Operations Support Group would Aeronautical Information Services. implementation program, and its input follow the same notification process [FR Doc. 2017–21626 Filed 10–5–17; 8:45 am] has been thoroughly considered. used for standard IFP requests.3 BILLING CODE 4910–13–P Proposed Policy Consistent with FAA procedures outlined in the procedure cancellation All circling procedures will continue memorandum, comments regarding the DEPARTMENT OF COMMERCE to be reviewed through the established aforementioned circling procedure IAP periodic review process.1 As part of Bureau of the Census would need to be submitted within 30 that review process, the FAA is days of the timestamp on the proposing that each circling procedure 15 CFR Part 30 would be evaluated against the communication media through which it [Docket Number: 170606545–7857–01] following questions: was delivered. Comments would be directed to the Regional Service Area, —Is this the only IAP at the airport? RIN 0607–AA56 Operations Support Group for —Is this procedure a designated MON Foreign Trade Regulations (FTR): airport procedure? dissemination to Aeronautical Request for Public Comments —If multiple IAPs serve a single runway Information Services. Comments would Regarding Standard and Routed end, is this the lowest circling minima be adjudicated by Aeronautical Export Transactions for that runway? Note: If the RNAV Information Services within 30 days of circling minima is not the lowest, but the timestamp on the communication AGENCY: Bureau of the Census, is within 50’ of the lowest, the FAA media through which it was received. A Commerce Department. would give the RNAV preference. final decision would be forwarded to ACTION: Advance notice of proposed —Would cancellation result in removal Regional Service Area, Operations rulemaking. of circling minima from all Support Group to disseminate to conventional NAVAID procedures at commenter(s). The cancellation of the SUMMARY: The Bureau of the Census an airport? Note: If circling minima part 97 instrument procedure will be (U.S. Census Bureau) is seeking public exists for multiple Conventional published in the Federal Register. comments to perform a review of the NAVAID procedures, preference requirements governing routed export would be to retain ILS circling Invitation for Comments transactions. In particular, the Census Bureau is interested in comments minima. The FAA invites interested parties to regarding the definition of a routed —Would cancellation result in all submit written comments, data, or export transaction as well as the circling minima being removed from views. The agency also invites all airports within 20 NMs? responsibilities of parties in routed comments relating to the economic, —Will removal eliminate lowest landing export transactions. Routed export environmental, energy, or federalism minima to an individual runway? transactions are transactions in which impacts that might result from The following questions are the Foreign Principal Party in Interest implementation of the proposed policy. (FPPI) controls the movement of the applicable only to circling-only Comments should explain the reason for procedures: goods out of the country. There are a modifying or not implementing this variety of reasons why the FPPI assumes —Does this circling-only procedure proposed policy. To ensure the docket this responsibility such as the use of a exist because of high terrain or an does not contain duplicate comments, preferred carrier and the desire to not obstacle that makes a straight-in commenters should send only one copy disclose the ultimate consignee to the procedure unfeasible or which would of written comments or, if comments are U.S. Principal Party in Interest (USPPI), result in the straight-in minimums filed electronically, commenters should although the ultimate consignee is being higher than the circling submit only one time. properly identified to the U.S. minima? Government. Because the FPPI controls —Is this circling-only procedure (1) at The FAA will consider all comments the movement of the goods in a routed an airport where not all runway ends it receives on or before the closing date transaction and cannot file Electronic have a straight-in IAP, and (2) does it for comments before acting on proposed Export Information (EEI), the Census have a Final Approach Course not policy. The FAA will consider Bureau requires the FPPI to authorize a aligned within 45 degrees of a runway comments submitted after the comment U.S. authorized agent or the USPPI to which has a straight-in IAP? period has closed if it is possible to do file the EEI on its behalf. This ensures Further consideration for cancellation so without incurring expense or delay. that the Census Bureau collects the under this policy would be terminated The agency may change this proposal in statistical information. light of the comments it receives. if any of the aforementioned questions DATES: Written comments must be are answered in the affirmative. If all received on or before December 5, 2017. questions are answered in the negative, ADDRESSES: Please direct all written the procedure would be processed as 2 The FAA has placed sample copies of the comments on this advance notice of described in the following paragraph. memorandum and checklist into the docket for this proposed rulemaking to the Chief, When a candidate has been identified, notice. International Trade Management Aeronautical Information Services 3 FAA Order 8260.43 (Flight Procedures Division, U.S. Census Bureau, Room would send a notification of procedure Management Program) and FAA Order 8260.26 (Establishing Submission Cutoff Dates for Civil 5K158, Washington, DC 20233–6010. 1 Section 2–8 of FAA Order 8260.19 (Flight Instrument Procedures) contain additional You may also submit comments, Procedures and Airspace) sets forth the minimum information on this process. These orders are identified by RIN number 0607–AA56, frequency of review of instrument procedures. available on the FAA Web site. to the Federal e-Rulemaking Portal:

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http://www.regulations.gov. All (ACE), is the primary instrument used below; however, any pertinent feedback comments received are part of the for collecting export trade data. Through not captured by these questions is also public record. No comments will be the AES, the Census Bureau collects welcome: posted to http://www.regulations.gov for Electronic Export Information (EEI), the 1. If you do not think that the public viewing until after the comment electronic equivalent of the export data definition of a routed export transaction period has closed. Comments will formerly collected on the Shipper’s in 15 CFR 30.1 is clearly stated, then generally be posted without change. All Export Declaration (SED), reported what definition of routed export Personally Identifiable Information (for pursuant to the Foreign Trade transaction would you suggest? example, name and address) voluntarily Regulations (FTR), Title 15, Code of 2. Should the Census Bureau modify submitted by the commentor may be Federal Regulations (CFR), part 30. The the list of data elements at 15 CFR publicly accessible. Do not submit EEI consists of data elements as set forth 30.3(e)(2) that the U.S. authorized agent Confidential Business Information or in 15 CFR 30.6 for an export shipment, is required to provide when filing the otherwise sensitive or protected and includes information such as the electronic export information? If so, information. The Census Bureau will U.S. Principal Party in Interest’s what changes would you suggest? accept anonymous comments (enter (USPPI’s) name, address, and 3. Should the Census Bureau modify N/A in the required fields, if you wish identification number, and detailed the list of data elements at 15 CFR to remain anonymous). You may submit information concerning the exported 30.3(e)(1) that the U.S. Principal Party attachments to electronic comments in product. The party responsible for the in Interest is required to provide to the accuracy and timeliness of EEI data Microsoft Word, Excel, WordPerfect, or U.S. Authorized agent? If so, what elements varies depending upon the Adobe PDF file formats only. changes would you suggest? type of export transaction; standard or FOR FURTHER INFORMATION CONTACT: Dale routed. Through this notice, the Census 4. The carrier’s responsibilities under C. Kelly, Chief, International Trade Bureau is seeking public comments to the FTR are the same in both standard Management Division, U.S. Census perform a review of the requirements and routed transactions. Does the FTR Bureau, Room 5K158, Washington, DC governing routed export transactions, a clearly communicate these 20233–6010, by phone (301) 763–6937, subset of export transactions, as detailed responsibilities? If not, what by fax (301) 763–8835, or by email in the FTR, 15 CFR, part 30. clarification would you suggest? [email protected]. 5. The data elements that the USPPI SUPPLEMENTARY INFORMATION: Request for Comments and U.S authorized agent are required to The Census Bureau is soliciting provide are currently located in Section Background comments on the clarity, usability, and 30.3(e) of the FTR. However, additional The Census Bureau is responsible for any other matters related to the data elements are needed to complete collecting, compiling, and publishing regulatory requirements for routed the AES filing. Below is a list of data export trade statistics for the United transactions. This will include the elements that are required to be reported States under the provisions of Title 13, definition of a routed export transaction but for which a responsible party is not United States Code (U.S.C.), Chapter 9, found in 15 CFR 30.1 as well as the listed. Please provide comments on Section 301. The Automated Export general responsibilities of parties in which party, the USPPI or the U.S. System (AES), now part of the routed export transactions as detailed in authorized agent, should report these Automated Commercial Environment 15 CFR 30.3. Suggested questions are data elements.

Hazardous material indicator ...... routed export transaction indicator ...... KPC number FTZ identifier ...... vehicle title number ...... related party indicator shipment reference number ...... vehicle title state code ...... export information code VIN/product ID ...... filing option indicator

6. Are the responsibilities of parties in Dated: September 29, 2017. received a petition requesting that the a routed export transaction clearly Ron S. Jarmin, Commission initiate rulemaking under stated? If not, what improvements Associate Director for Economic Programs, the Consumer Product Safety Act would you suggest? Performing the Non-Exclusive Functions and (CPSA) to adopt a safety standard for Duties of the Director, Bureau of the Census. 7. How could we improve the process high-powered magnet sets. The to authorize filing in a routed export [FR Doc. 2017–21569 Filed 10–5–17; 8:45 am] Commission invites written comments transaction? BILLING CODE 3510–07–P concerning the petition. 8. How could the FTR be revised to DATES: Submit comments by December 5, 2017. align with the Bureau of Industry and CONSUMER PRODUCT SAFETY Security’s Export Administration COMMISSION ADDRESSES: Submit comments, Regulations on routed export identified by Docket No. CPSC–2017– transactions? 16 CFR Chapter II 0037, by any of the following methods: 9. What changes would you suggest in [Docket No. CPSC–2017–0037] Electronic Submissions: Submit Section 30.3 of the FTR that might electronic comments to the Federal improve the parties’ understanding of Petition Requesting Rulemaking on eRulemaking Portal at: http:// the requirements of a routed export Magnet Sets www.regulations.gov. Follow the transaction? AGENCY: Consumer Product Safety instructions for submitting comments. 10. What changes would you suggest Commission. The Commission does not accept in Section 30.3 of the FTR that might ACTION: Petition for rulemaking. comments submitted by electronic mail improve the parties’ understanding of (email), except through their roles in a routed or standard export SUMMARY: The Consumer Product Safety www.regulations.gov. The Commission transaction? Commission (CPSC or Commission) has encourages you to submit electronic

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comments by using the Federal body. The petitioner notes that one Related Materials. Alternatively, eRulemaking Portal, as described above. potential injury that can result from interested parties may obtain a copy of Written Submissions: Submit written ingesting high-powered magnets is the petition by writing or calling the comments by mail/hand delivery/ damage to gastrointestinal tissue. Office of the Secretary, Consumer courier to: Office of the Secretary, The petitioner requests that CPSC Product Safety Commission, 4330 East Consumer Product Safety Commission, promulgate a mandatory safety standard West Highway, Bethesda, MD 20814; Room 820, 4330 East West Highway, that includes the following: telephone (301) 504–6833. Bethesda, MD 20814; telephone (301) • Performance standards. Require Alberta E. Mills, 504–7923. individual magnets and each magnet in Instructions: All submissions received a magnet set that fits entirely within the Acting Secretary, Consumer Product Safety must include the agency name and cylinder described in 16 CFR 1501.4 Commission. docket number for this notice. All (small parts cylinder) to have a flux [FR Doc. 2017–21534 Filed 10–5–17; 8:45 am] comments received may be posted index of 50 kG2mm2 or less if the BILLING CODE 6355–01–P without change to http:// product is designed, marketed, or www.regulations.gov, including any manufactured for children under the age personal identifiers, contact of 14 years. Establish standards for ENVIRONMENTAL PROTECTION information, or other personal magnet set packaging, such as requiring AGENCY information provided. Do not submit packaging to be difficult for children to confidential business information, trade open and assist users in determining 40 CFR Part 52 secret information, or other sensitive or whether all magnets are returned to the [EPA–R07–OAR–2015–0356; FRL–9968–81– protected information that you do not package after use. According to the Region 7] want to be available to the public. If petitioner, these requirements would furnished at all, such information limit the magnetic strength of magnets Approval of Missouri Air Quality should be submitted by mail/hand so that they would not attach across Implementation Plans; Infrastructure delivery/courier. internal tissue if ingested and would SIP Requirements for the 2008 Ozone Docket: For access to the docket to assist users in limiting children’s access National Ambient Air Quality Standard read background documents or to the magnets. AGENCY: Environmental Protection • 1 comments received, go to: http:// Warning requirements. Require Agency (EPA). magnet sets to bear warnings that www.regulations.gov, insert docket ACTION: Proposed rule. number CPSC–2017–0037 into the conform to specific form requirements, ‘‘Search’’ box, and follow the prompts. warn of the ingestion hazard, and SUMMARY: The Environmental Protection FOR FURTHER INFORMATION CONTACT: indicate the product is not intended for Agency (EPA) is proposing to approve Rocky Hammond, Office of the children. Require warnings on product elements of a State Implementation Plan Secretary, Consumer Product Safety packaging, including in a location that (SIP) revision from the State of Missouri Commission, 4330 East West Highway, requires a user to see the warning when for the 2008 Ozone National Ambient Bethesda, MD 20814; telephone: 301– opening the package. Air Quality Standard (NAAQS). Section • 504–6833; email: [email protected]. Instructional requirements. Require 110 of the CAA requires that each state magnet sets to include instructions that SUPPLEMENTARY INFORMATION: On August adopt and submit a SIP for the 17, 2017, Zen Magnets, LLC (petitioner) indicate how to avoid using the magnet implementation, maintenance, and submitted a petition requesting that the set in a way that can lead to ingesting, enforcement of each new or revised Commission initiate rulemaking to aspirating, or inserting the magnets into NAAQS promulgated by EPA. These adopt a safety standard for high- the body and how to return magnets to SIPs are commonly referred to as the packaging. ‘‘infrastructure’’ SIPs. The infrastructure powered magnet sets under Sections 7 • 2 and 9 of the CPSA (15 U.S.C. 2056, Age restrictions. Require warnings requirements are designed to ensure that 2058) to address the hazard associated and instructions for magnet sets to the structural components of each with these products if ingested, include an age recommendation of 14 state’s air quality management program aspirated, or otherwise inserted into the years or older. are adequate to meet the state’s The Commission seeks comments body. responsibilities under the CAA. In the The petitioner describes the product concerning this petition. ‘‘Rules and Regulations’’ section of this The petition is available at: http:// as small rare earth magnets of various Federal Register, we are approving the www.regulations.gov, under Docket No. shapes, sizes, and flux indices (i.e., state’s SIP revisions as a direct final rule CPSC–2017–0037, Supporting and magnetic strength) that are commonly without a prior proposed rule. If we sold as sets designed to make receive no adverse comment, we will 1 The petitioner also requests that the not take further action on this proposed sculptures, provide therapeutic benefits, Commission require purchasers to acknowledge or serve as educational or research tools. having read product warnings and assent to the risk rule. The petitioner states that there are of injury when purchasing magnet sets online. DATES: Comments must be received by magnet sets on the market that are Under Section 7 of the CPSA, the Commission may November 6, 2017. issue only performance requirements and approximately 5 millimeters in diameter requirements for warnings or instructions. ADDRESSES: Submit your comments, and have flux indices greater than 50 Therefore, the Commission lacks authority to identified by Docket ID No. EPA–R07– kG2mm2. According to the petitioner, require these additional provisions. OAR–2015–0356, to https:// magnet sets are not designed, marketed, 2 The petitioner also requests the following age www.regulations.gov. Follow the online restriction requirements for magnet sets that do not manufactured, or intended for use by conform to the requested physical safety standards: instructions for submitting comments. children under the age of 14 years. (1) Prohibit the sale of magnet sets to users under Once submitted, comments cannot be The petitioner asserts that high- 14 years old, and (2) require that only adults be edited or removed from Regulations.gov. powered magnet sets pose a risk of permitted to buy magnet sets. Again, Section 7 of The EPA may publish any comment the CPSA authorizes the Commission to issue only injury if misused in a way that results performance requirements and warning received to its public docket. Do not in ingesting, aspirating, or otherwise requirements. Therefore, the Commission lacks submit electronically any information inserting more than one magnet into the authority to adopt these restrictions. you consider to be Confidential

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Business Information (CBI) or other ENVIRONMENTAL PROTECTION EPA public comment policy, information whose disclosure is AGENCY information about CBI or multimedia restricted by statute. Multimedia submissions, and general guidance on submissions (audio, video, etc.) must be 40 CFR Part 52 making effective comments, please visit accompanied by a written comment. [EPA–R07–OAR–2017–0515; FRL–9968–79– https://www2.epa.gov/dockets/ The written comment is considered the Region 7] commenting-epa-dockets. official comment and should include FOR FURTHER INFORMATION CONTACT: discussion of all points you wish to Approval of Missouri Air Quality Tracey Casburn, Environmental make. The EPA will generally not Implementation Plans; Infrastructure Protection Agency, Air Planning and consider comments or comment SIP Requirements for the 2010 Sulfur Development Branch, 11201 Renner contents located outside of the primary Dioxide National Ambient Air Quality Boulevard, Lenexa, Kansas 66219 at submission (i.e. on the web, cloud, or Standard (913) 551–7016, or by email at other file sharing system). For [email protected]. AGENCY: Environmental Protection additional submission methods, the full Agency (EPA). SUPPLEMENTARY INFORMATION: This EPA public comment policy, document proposes to take action on the ACTION: Proposed rule. information about CBI or multimedia State of Missouri Infrastructure SIP submissions, and general guidance on SUMMARY: The Environmental Protection revision for the 2010 SO2 NAAQS. We making effective comments, please visit Agency (EPA) is proposing to approve have published a direct final rule https://www2.epa.gov/dockets/ elements of a State Implementation Plan approving the State’s SIP revision(s) in commenting-epa-dockets. (SIP) revision from the State of Missouri the ‘‘Rules and Regulations’’ section of this Federal Register, because we view FOR FURTHER INFORMATION CONTACT: for the 2010 Sulfur Dioxide (SO2) this as a noncontroversial action and Tracey Casburn, Environmental National Ambient Air Quality Standard anticipate no relevant adverse comment. Protection Agency, Air Planning and (NAAQS). Section 110 of the CAA We have explained our reasons for this Development Branch, 11201 Renner requires that each state adopt and action in the preamble to the direct final Boulevard, Lenexa, Kansas 66219 at submit a SIP for the implementation, rule. If we receive no adverse comment, (913) 551–7016, or by email at maintenance, and enforcement of each we will not take further action on this [email protected]. new or revised NAAQS promulgated by EPA. These SIPs are commonly referred proposed rule. If we receive adverse SUPPLEMENTARY INFORMATION: This to as ‘‘infrastructure’’ SIPs. The comment, we will withdraw the direct document proposes to take action on the infrastructure requirements are designed final rule and it will not take effect. We State of Missouri Infrastructure SIP to ensure that the structural components would address all public comments in revision for the 2008 Ozone NAAQS. of each state’s air quality management any subsequent final rule based on this We have published a direct final rule program are adequate to meet the state’s proposed rule. We do not intend to approving the State’s SIP revision (s) in responsibilities under the CAA. In the institute a second comment period on the ‘‘Rules and Regulations’’ section of ‘‘Rules and Regulations’’ section of this this action. Any parties interested in this Federal Register, because we view Federal Register, we are approving the commenting must do so at this time. For this as a noncontroversial action and state’s SIP revisions as a direct final rule further information, please see the anticipate no relevant adverse comment. without a prior proposed rule. If we information provided in the ADDRESSES We have explained our reasons for this receive no adverse comment, we will section of this document. not take further action on this proposed action in the preamble to the direct final List of Subjects in 40 CFR Part 52 rule. If we receive no adverse comment, rule. we will not take further action on this DATES: Comments must be received by Environmental protection, Air proposed rule. If we receive adverse November 6, 2017. pollution control, Incorporation by reference, Intergovernmental relations, comment, we will withdraw the direct ADDRESSES: Submit your comments, Reporting and recordkeeping final rule and it will not take effect. We identified by Docket ID No. EPA–R07– requirements, Sulfur dioxide. would address all public comments in OAR–2017–0515, to https:// any subsequent final rule based on this www.regulations.gov. Follow the online Dated: September 21, 2017. proposed rule. We do not intend to instructions for submitting comments. Cathy Stepp, institute a second comment period on Once submitted, comments cannot be Acting Regional Administrator, Region 7. this action. Any parties interested in edited or removed from Regulations.gov. [FR Doc. 2017–21529 Filed 10–5–17; 8:45 am] commenting must do so at this time. For The EPA may publish any comment BILLING CODE 6560–50–P further information, please see the received to its public docket. Do not information provided in the ADDRESSES submit electronically any information section of this document. you consider to be Confidential ENVIRONMENTAL PROTECTION AGENCY List of Subjects in 40 CFR Part 52 Business Information (CBI) or other information whose disclosure is Environmental protection, Air restricted by statute. Multimedia 40 CFR Part 52 pollution control, Incorporation by submissions (audio, video, etc.) must be [EPA–R02–OAR–2017–0101, FRL–9968–91– reference, Intergovernmental relations, accompanied by a written comment. Region 2] Nitrogen dioxide, Volatile organic The written comment is considered the carbon, Reporting and recordkeeping official comment and should include Approval and Promulgation of requirements. discussion of all points you wish to Implementation Plans; New Jersey; make. The EPA will generally not Motor Vehicle Enhanced Inspection Dated: September 21, 2017. consider comments or comment and Maintenance Program Cathy Stepp, contents located outside of the primary AGENCY: Acting Regional Administrator, Region 7. Environmental Protection submission (i.e. on the web, cloud, or Agency (EPA). [FR Doc. 2017–21525 Filed 10–5–17; 8:45 am] other file sharing system). For ACTION: Proposed rule. BILLING CODE 6560–50–P additional submission methods, the full

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SUMMARY: The Environmental Protection FOR FURTHER INFORMATION CONTACT: longer periods of time than was Agency (EPA) is proposing to approve a Reema Loutan, Air Programs Branch, understood when the pre-existing 1- revision to the State Implementation Environmental Protection Agency, 290 hour ozone standard was set. The EPA Plan (SIP) submitted by the New Jersey Broadway, 25th Floor, New York, New determined that the 8-hour standard Department of Environmental Protection York 10007–1866, (212) 637–3760, or by would be more protective of human for New Jersey’s enhanced inspection email at [email protected]. health, especially with regard to and maintenance (I/M) program. New children and adults who are active Table of Contents Jersey has made several amendments to outdoors, and individuals with a pre- its I/M program to improve performance I. What action is the EPA proposing? existing respiratory disease, such as of the program and has requested that II. Background Information asthma. the SIP be revised to include these What are the Clean Air Act requirements for a moderate 8-hr ozone nonattainment On April 30, 2004 (69 FR 23857), the changes. Chief among the amendments area? EPA finalized its attainment/ the EPA is proposing to approve is New History of the Ozone Standard and Area nonattainment designations for areas Jersey’s amendment to its I/M program Designations across the country, including the State to discontinue two-speed idle tests on Clean Air Act Requirements for I/M of New Jersey, with respect to the 8- model year 1981–1995 light duty Programs hour ozone standard. These actions gasoline vehicles, idle tests on pre-1981 III. What was included in New Jersey’s SIP became effective on June 15, 2004. Then model year light duty gasoline vehicles, submittal? on March 27, 2008 (73 FR 16436), the idle tests on heavy duty gasoline IV. What are the I/M performance standard requirements and does New Jersey’s I/M EPA revised the level of the 8-hour vehicles and gas cap leak testing. In program satisfy them? primary, health-based standard to a addition, heavy duty gasoline vehicles V. What are New Jersey’s I/M program level of 0.075 parts per million (ppm), equipped with on-board diagnostics benefits? to provide increased protection for (OBD) will be subject to OBD testing VI. What are the EPA’s conclusions? children and other ‘‘at risk’’ populations with this revision. The EPA is proposing VII. Statutory and Executive Order Reviews against an array of ozone-related adverse approval of this SIP revision because it I. What action is the EPA proposing? health effects such as decreased lung meets all applicable requirements of the function and increased respiratory The EPA is proposing to approve a Clean Air Act and the EPA’s regulations symptoms. revision, submitted by New Jersey on and because the revision will not The New Jersey portion of the New September 16, 2016, to the New Jersey interfere with attainment or York-Northern New Jersey-Long Island, State Implementation Plan (SIP) maintenance of the national ambient air NY-NJ-CT nonattainment area is pertaining to New Jersey’s motor vehicle quality standards in the affected area. composed of the following counties: enhanced inspection and maintenance The intended effect of this action is to Bergen, Essex, Hudson, Hunterdon, (I/M) program. New Jersey provided the maintain consistency between the State- Middlesex, Monmouth, Morris, Passaic, EPA with documentation on the adopted rules and the federally Somerset, Sussex, Union, and Warren. emission impacts that will result from approved SIP. The New Jersey portion of the changes to New Jersey’s enhanced I/M DATES: Comments must be received on Philadelphia-Wilmington, Atlantic City, program including a comparison to the or before November 6, 2017. PA-DE-MD-NJ nonattainment area is EPA I/M performance standard. The ADDRESSES composed of the following counties: : Submit your comments, revisions submitted by New Jersey Atlantic, Burlington, Camden, Cape identified by Docket ID No. EPA–R02– include discontinuing the two-speed May, Cumberland, Gloucester, Mercer, OAR–2017–0101, at https:// idle tests on model year 1981–1995 light Ocean and Salem. All of these counties www.regulations.gov. Follow the online duty gasoline vehicles, idle tests on pre- in both areas were classified as instructions for submitting comments. 1981 model year light duty gasoline moderate or above ozone nonattainment Once submitted, comments cannot be vehicles, idle tests on heavy duty areas under the previous 1-hour ozone edited or removed from Regulations.gov. gasoline vehicles and gas cap leak standard. These designations triggered The EPA may publish any comment testing; requiring OBD testing for heavy the requirements under section 182(b) of received to its public docket. Do not duty gasoline vehicles equipped with the Clean Air Act (CAA) for moderate submit electronically any information on-board diagnostics (OBD); requiring and above nonattainment areas, you consider to be Confidential inspections for commercial vehicles; including a requirement to submit an Business Information (CBI) or other and requiring that re-inspections of all enhanced motor vehicle I/M program. information whose disclosure is vehicles be performed at New Jersey’s restricted by statute. Multimedia decentralized I/M facilities. CAA section 181(b)(2) requires the submissions (audio, video, etc.) must be EPA Administrator to determine, based accompanied by a written comment. II. Background Information on an area’s design value (which The written comment is considered the What are the Clean Air Act represents air quality in the area for the official comment and should include requirements for a moderate 8-hr ozone most recent 3-year period) as of an discussion of all points you wish to nonattainment area? area’s attainment deadline, whether an make. The EPA will generally not ozone nonattainment area attained the consider comments or comment History of the Ozone Standard and Area ozone standard by that date. The statute contents located outside of the primary Designations provides a mechanism by which states submission (i.e., on the web, cloud, or In 1997, the EPA revised the health- that meet certain criteria may request other file sharing system). For based National Ambient Air Quality and be granted by the EPA additional submission methods, the full Standards (NAAQS) for ozone, setting it Administrator a 1-year extension of an EPA public comment policy, at 0.08 parts per million (ppm) averaged area’s attainment deadline. The CAA information about CBI or multimedia over an 8-hour period. The EPA set the also requires that areas that have not submissions, and general guidance on 8-hour ozone standard based on attained the standard by their making effective comments, please visit scientific evidence demonstrating that attainment deadlines be reclassified to http://www2.epa.gov/dockets/ ozone causes adverse health effects at either the next ‘‘highest’’ classification commenting-epa-dockets. lower ozone concentrations and over (e.g., marginal to moderate, moderate to

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serious, etc.) or to the classifications modeling or adequate justification must oxygen sensor, heated oxygen sensor, applicable to the areas’ design value. be provided. The compensating, and exhaust gas recirculation or EGR Under the original designations for equivalent reductions must represent system) while the remaining three (air the 2008 ozone NAAQS in July 2012, actual, new emissions reductions conditioning, secondary air, and heated New Jersey was classified as marginal. achieved in a contemporaneous time catalyst) are not necessarily applicable However, New Jersey failed to attain the frame to the change of the existing SIP to all vehicles. When a vehicle is 2008 ozone NAAQS by the applicable control measure, in order to preserve the scanned at an OBD–I/M test site, these marginal attainment deadline of July 20, status quo level of emission in the air. monitors can appear as either ‘‘ready’’ 2015. Therefore, on May 4, 2016 (81 FR In addition to being contemporaneous, (meaning the monitor in question has 26697), the New York-Northern New the equivalent emissions reductions been evaluated), ‘‘not ready’’ (meaning Jersey-Long Island, NY-NJ-CT was must also be permanent, enforceable, the monitor has not yet been evaluated), reclassified from marginal to moderate quantifiable, and surplus to be approved or ‘‘not applicable’’ (meaning the for the 2008 ozone NAAQS, with a new into the SIP. See Section V for vehicle is not equipped with the 2008 ozone NAAQS attainment date of information on the state’s 110(l) component monitor in question). July 20, 2018. In that same action, the demonstration and I/M program The OBD system is also designed to EPA determined that the Philadelphia benefits. fully evaluate the vehicle emissions Area and Southern New Jersey qualified control system. If the OBD system for a 1-year extension of its attainment Clean Air Act Requirements for I/M detects a problem that may cause date, as provided in section 181(a)(5) of Programs vehicle emissions to exceed 1.5 times the CAA and interpreted by regulation The CAA requires certain states to the Federal Test Procedure standards, at 40 CFR 51.1107, and granted the implement an enhanced I/M program to then the Malfunction Indicator Light requested extension. The EPA detect gasoline-fueled motor vehicles (MIL) or Check Engine Light, is established the new attainment date for that exhibit excessive emissions of illuminated. By turning on the MIL, the the Philadelphia Area as July 20, 2016, certain air pollutants. The enhanced I/ OBD system notifies the vehicle to be based on ambient air quality M program is intended to help states operator that an emission-related fault monitoring data for the 2013–2015 meet federal health-based NAAQS for has been detected, and the vehicle monitoring period. ozone and carbon monoxide by should be repaired as soon as possible, requiring vehicles with excess thus reducing the harmful emissions Demonstrating Noninterference With emissions to have their emissions contributed by that vehicle. Attainment and Maintenance Under control systems repaired. Section 182 of The EPA’s revised OBD I/M rule CAA Section 110(l) the CAA requires I/M programs in those applies to only those areas that are Revisions to SIP-approved control areas of the nation that are most required to implement I/M programs measures must meet the requirements of impacted by carbon monoxide and under the CAA, which includes the CAA section 110(l) to be approved by ozone pollution. aforementioned counties in New Jersey. the EPA. Section 110(l) states: On April 5, 2001, the EPA published This rule established a deadline of The Administrator shall not approve in the Federal Register ‘‘Amendments January 1, 2002 for states to begin a revision of a plan if the revision would to Vehicle Inspection and Maintenance performing OBD checks on 1996 and interfere with any applicable Program Requirements Incorporating the newer model OBD-equipped vehicles requirement concerning attainment and On-Board Diagnostics Check’’ (66 FR and to require repairs to be performed reasonable further progress (as defined 18156). The revised I/M rule requires on those vehicles with malfunctions in section 171), or any other applicable that electronic checks of the On-Board identified by the OBD check. requirement of this Act. Diagnostics (OBD) system on model year New Jersey is required to have an The EPA interprets section 110(l) to 1996 and newer OBD-equipped motor enhanced I/M program pursuant to the apply to all requirements of the CAA vehicles be conducted as part of states’ CAA, and consequently has adopted, and to all areas of the country, whether motor vehicle I/M programs. OBD is and has been implementing an attainment, nonattainment, part of the sophisticated vehicle enhanced I/M program statewide since unclassifiable, or maintenance, for one powertrain management system and is December 13, 1999. On January 22, or more of the six criteria pollutants. designed to detect engine and 2002, (67 FR 2811), the EPA fully The EPA also interprets section 110(l) to transmission problems that might cause approved New Jersey’s enhanced I/M require a demonstration addressing all vehicle emissions to exceed allowable program and the State’s performance pollutants whose emissions and/or limits. standard modeling as meeting the ambient concentrations may change as a The OBD system monitors the status applicable requirements of the CAA. result of the SIP revision. In the absence of up to 11 emission control related Additional information on the EPA’s of an attainment demonstration, to subsystems by performing either final approval of New Jersey’s enhanced demonstrate no interference with any continuous or periodic functional tests I/M program can be found in the EPA’s applicable NAAQS or requirement of of specific components and vehicle January 22, 2002, final approval notice. the CAA under section 110(l), the EPA conditions. The first three testing believes it is appropriate to allow states categories—misfire, fuel trim, and III. What was included in New Jersey’s to substitute equivalent emissions comprehensive components—are SIP submittal? reductions to compensate for any continuous, while the remaining eight On September 16, 2016, New Jersey change to a SIP approved program, as only run after a certain set of conditions submitted a revision to the State of New long as actual emissions in the air are has been met. The algorithms for Jersey’s I/M program SIP. The submittal not increased. ‘‘Equivalent’’ emissions running these eight periodic monitors consists of new rules and rule reductions mean reductions which are are unique to each manufacturer and amendments to the New Jersey equal to or greater than those reductions involve such things as ambient Department of Environmental achieved by the control measure temperature as well as driving Protection’s rules at N.J.A.C. 7:27–14, approved in the active portion of the conditions. Most vehicles will have at 7:27–15, 7:27A–3, 7:27B–4, 7:27B–5 and SIP. In order to show that compensating least five of the eight remaining the Motor Vehicle Commission rules at emissions reductions are equivalent, monitors (catalyst, evaporative system, N.J.A.C. 13:20–7.1 through 7.6, 13:20–

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26.12 and 26.16, 13:20–32.1 through reporting of diesel inspections, and monoxide. New Jersey is currently 32.49, 13:20–33.1 through 33.50, private inspection facilities will submit demonstrating compliance with the Appendix C, N.J.A.C 13:20–43.1, 43.2 diesel inspection information through CAA requirements for ROP and and 43.2A, 43.4 through 43.8, 43.14, an electronic portal or workstation. attainment and can therefore use the 43.16, and N.J.A.C 13:20–44.2, 44.3 and New Jersey provided documentation ‘‘low’’ enhanced performance standard. 44.10. on the emission impacts that will result The revised performance standard The changes to New Jersey’s I/M from proposed changes to New Jersey’s modeling included as part of New program include the elimination of I/M program, including a comparison to Jersey’s submittal is designed to show exhaust emission tests or tailpipe testing the EPA I/M performance standard. attainment of the low enhanced for all gasoline motor vehicles. OBD performance standard. IV. What are the I/M performance testing will be required for all vehicles, In accordance with the EPA’s final standard requirements and does New including heavy duty gasoline vehicles, rule for I/M requirements (40 CFR part Jersey’s I/M program satisfy them? subject to inspection and required by 51, subpart S), a state must design and the EPA to be equipped with an OBD As part of its final rule for I/M implement its enhanced I/M program system. The two-speed idle tests on requirements, the EPA established a such that it meets or exceeds a model year 1981–1995 light duty ‘‘model’’ program for areas that were minimum performance standard. The gasoline vehicles, idle tests on pre-1981 required to implement enhanced I/M performance standard is expressed as model year light duty gasoline vehicles programs. This model program is average grams per mile (gpm) or tons and idle tests on heavy duty gasoline termed by the EPA as the ‘‘I/M per day emission levels from area-wide vehicles will be discontinued. performance standard’’ and is defined highway mobile sources as a result of The changes to New Jersey’s I/M by a specific set of program elements. the enhanced I/M program. Areas must program also include procedures for The purpose of the performance meet the performance standard for the diesel exhaust after-treatment checks, standard is to provide a gauge by which pollutants that cause them to be subject standards for fuel leak checks and the EPA can evaluate the adequacy and to the enhanced I/M requirements. New replacement of the fuel cap leak test for effectiveness of each state’s enhanced I/ Jersey was required to implement its gasoline-fueled vehicles with a visual M program. As such, states are required enhanced I/M program because of its gas cap check to ensure that the gas cap to demonstrate that their enhanced I/M non-attainment status for two criteria air is present. NJ also submitted programs achieve applicable area-wide pollutants, ozone (of which volatile amendments to rules related to emission levels for the pollutants of organic compounds (VOCs) and oxides inspection requirements and inspection interest that are equal to, or lower than, of nitrogen (NOX) are precursors) and procedures. For heavy-duty diesel those which would be realized by the carbon monoxide. powered vehicles, New Jersey is implementation of the model program. The EPA’s final rule on I/M repealing the rolling acceleration smoke Originally, the EPA only designed one requirements also requires that the opacity test, and the power brake smoke enhanced performance standard, as equivalency of the emission levels opacity test, and retaining only the snap specified at 40 CFR 51.351, and required achieved by the state’s enhanced I/M acceleration smoke opacity test. all enhanced I/M program areas to meet program design compared to those of Enforcement related amendments or exceed that standard. However, on the performance standard must be include authorizing inspectors of both September 18, 1995, the EPA demonstrated using the most current gasoline-fueled and diesel-powered promulgated the ‘‘low’’ enhanced version of the EPA’s mobile source motor vehicles to fail a vehicle if it is performance standard. The low emission model. The model New Jersey determined that there has been enhanced performance standard is a less utilized in its analysis was MOVES2014, tampering with the vehicle’s emission stringent enhanced I/M performance which was the most current version of controls. The New Jersey Department of standard established for those areas that the EPA’s mobile source emission Environmental Protection may also have an approved SIP for Rate of model at the time the SIP revisions were impose penalties for tampering with Progress (ROP) for 1996, and do not submitted. emission controls on diesel vehicles. have a disapproved plan for ROP for the Table 1 below compares the Low The New Jersey Diesel Emission period after 1996 or a disapproved plan Enhanced I/M Performance Standards Inspection Center inspection forms will for attainment of the air quality with New Jersey’s existing and proposed be replaced with daily electronic standards for ozone or carbon enhanced I/M programs.

TABLE 1—PERFORMANCE STANDARD AND NEW JERSEY’S ENHANCED PROGRAM DESIGNS

Low enhanced performance New Jersey’s existing enhanced New Jersey’s new enhanced Program element standard I/M program I/M program

Network Type ...... 100% centralized ...... hybrid—70%, centralized/30%, hybrid—70%, centralized/30%, decentralized. decentralized. Program Start Date ...... 1983 ...... 1974 ...... 1974. Regulatory Class Coverage for 100%, 94%, 88% ...... 100% ...... 100%, 97.0%, 94.0%. Source types: 21, 31 and 32 1. Overall I/M Program Effectiveness 93.12%, 87.53%, 81.95% ...... 96% ...... 96.00%, 93.12%, 90.24%. for Source types: 21, 31 and 32 2. Test Frequency ...... Annual ...... Biennial ...... Biennial. New Vehicle Exemption ...... None ...... 5 Years ...... 5 Years. Model Year (MY) Coverage ...... 1968 and later MY ...... all vehicles not specifically ex- 1996 and later MY empt.

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TABLE 1—PERFORMANCE STANDARD AND NEW JERSEY’S ENHANCED PROGRAM DESIGNS—Continued

Low enhanced performance New Jersey’s existing enhanced New Jersey’s new enhanced Program element standard I/M program I/M program

Vehicle Type Coverage ...... All light-duty gasoline-fueled vehi- All gasoline-fueled vehicles and All gasoline-fueled vehicles and cles and trucks (up to 8,500 lbs. trucks (both light and heavy trucks except non-OBD GVWR). duty vehicles). equipped vehicles greater than 8,500 lbs. GVWR. Exhaust Emission Test ...... Idle—1968–2050 MY ...... OBD—1996 and later MY begin- OBD—1996 and later MY. ning 6/1/03, Two-Speed Idle— 1981–1995 MY, Idle—pre-1981 and HDGVs. Evaporative System Function N/A ...... Gas Cap Testing—1971—2000 None. Checks. MY inclusive (beginning cal- endar year 1998). Waiver Rate ...... 3% ...... 0% ...... 0%. Compliance Rate ...... 96% ...... 96% ...... 96%. Evaluation Date ...... July 2018 ...... July 2018 ...... July 2018.

I/M programs are designed and conventionally, performance standards performance standard for the implemented to meet or exceed an are expressed as emission reductions, as pollutant(s) that established I/M applicable minimum federal compared to a no I/M scenario. The requirements. performance standard. To determine performance standard emission results In order to complete its performance whether a state’s proposed program is will vary for each state due to the use standard and program evaluation projected to meet or exceed the relevant of state-specific inputs such as modeling, New Jersey used the performance standard specified in 40 registration distribution and fuel types. CFR 51.351, the state performed three I/M jurisdictions are allowed to adopt parameters and assumptions shown modeling scenarios: 3 A no-I/M case, the alternate design features other than the previously in Table 1, as well as the proposed program, and the applicable I/ EPA’s ‘‘model’’ inputs and must show assumption and values in Table 2. M performance standard. More compliance with the applicable

TABLE 2—MODELING ASSUMPTIONS

Modeling parameters Value used for average summer runs (VOC and NOX)

Maximum Temperature (F) ...... 83.4. Minimum Temperature (F) ...... 63.8. Relative Humidity range (%) ...... 50–86.8. Activity Inputs (VMT, Speed Age Distributions, Vehicle Populations, New Jersey USEPA EIS MOVES Inputs for 2018. etc.). Early NLEV and NJ Low Emission Vehicle Program without ZEV Man- Yes. date. Fuel Specifications ...... MOVES Defaults.

Table 3 shows the emissions the EPA low enhanced performance proposed I/M program meet or exceed reduction results from modeling the standard. The emissions reductions those achieved under the performance New Jersey I/M program compared to achieved under New Jersey’s new standards.

TABLE 3—LOW ENHANCED PERFORMANCE STANDARD MODELING RESULTS

Carbon Program type VOC + NOX monoxide (tons/day) (tons/day)

USEPA Low Enhanced Performance Standard (2002) ...... 160.3 853.1 New Jersey, No I/M Program (2018) ...... 163.7 935.6 New Jersey Proposed I/M Program (2018) ...... 153.4 829.1

New Jersey has demonstrated that the requirements and will therefore NAAQS for all criteria pollutants. changes to their enhanced I/M program continue to achieve emission reductions Specifically, New Jersey’s modeling of will meet the performance standard necessary to attain and maintain the the proposed I/M program resulted in

1 Source Types included are: 21—passenger compliance rate × (100¥percent waiver rate) × Maintenance (I/M) Programs Using the MOVES vehicles; 31—passenger trucks; 32—light regulatory class coverage adjustment. Mobile Source Emissions Model, EPA–420–B–14– commercial trucks. 3 Information on the three modeling scenarios can 006, January 2014. 2 Overall I/M Program effectiveness is calculated be found at Performance Standard Modeling for as follows: Compliance Factor = percent New and Existing Vehicle Inspection and

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emission reductions of 153.4 tons per in Table 4, the I/M Program Benefits inputs. The difference in emissions day VOC and NOX, and 829.1 tons/day modeling performed by New Jersey and between these MOVES2014 scenarios CO which exceeds EPA’s performance verified by the EPA shows an emissions represents the estimates of the NJLEV standards of 160.3 tons/day VOC and reduction benefit shortfall of 2 tons per emission benefits. The emission NOX and 853.1 tons/day CO. day between New Jersey’s existing and reduction benefits from the NJLEV new enhanced I/M programs for ozone program are considered EPA’s Evaluation precursors (VOCs and NOX), and 11.4 contemporaneous because a new phase The EPA has reviewed New Jersey’s tons per day for carbon monoxide. of the NJLEV rules began in 2015 to changes to its enhanced I/M program Shortfall is a term of art that means incorporate more stringent evaporative that differ from the previous Federally there are lower projected benefits than and emissions standards. New vehicles approved program and has determined what is currently in place. New Jersey sold in New Jersey are meeting these that those changes meet relevant needs to ‘‘make up’’ for this decrease in more stringent NJLEV rules ahead of performance standards and are therefore projected emission reductions resulting EPA Tier 3 standards which are approvable into the SIP. The EPA will from the changes being made to the I/ equivalent to NJLEV. Additional control continue to evaluate New Jersey’s M program through the application of measures and strategies that New Jersey enhanced I/M program effectiveness programs not already included in the 8- is relying on to further improve air through the annual and biennial reports hour ozone SIP. The decrease in quality are: projected emission reductions from the submitted by New Jersey in accordance Control of Petroleum Storage Tanks (N.J.A.C with 40 CFR 51.366, ‘‘Data Analysis and changes in the I/M program is 7:27–16.2) Reporting.’’ calculated by running the MOVES2014 Electric Generating Rule (N.J.A.C 7:27–4.2, model for both the existing and V. What are New Jersey’s I/M program 10.2, 19.4) proposed new I/M programs for the Portable fuel Containers (N.J.A.C 7:27–24) benefits? evaluation year of 2018. New Jersey Voluntary Retrofits of Ferries (DERA/CMAQ For SIP revisions that will or could addresses the emissions benefit shortfall Grants) potentially lead to a change in by using a portion of the emission Phase 2 HEDD Rule for Electric Generating emissions or ambient concentrations of benefits from the New Jersey Low Units (N.J.A.C 7:27–19.29) a pollutant or its precursors, the section Emission Vehicle Program (NJLEV). The Continuation of the I/M Program for Diesel Vehicles (N.J.A.C 7:27–14) 110(l) demonstration should address all emission benefits from the NJLEV pollutants whose emissions and/or program are quantified by additional A summary of the I/M Program ambient concentrations may change as a MOVES2014 modeling that include benefits modeling results is found in result of the SIP revision. As indicated scenarios with and without NJLEV Table 4.

TABLE 4—I/M PROGRAM BENEFITS MODELING RESULTS—BASED ON 2018 STATEWIDE ONROAD EMISSION DATA

Emission Emission reductions Model scenario reductions, carbon VOC + NOX monoxide (tons/day) (tons/day)

A. New Jersey Existing I/M Program Without the NJLEV Program ...... 154.0 867.2 B. New Jersey Proposed I/M Program Without the NJLEV Program ...... 156.0 878.6 C. New Jersey Proposed I/M Program with NJLEV Program ...... 153.4 829.1 D. NJLEV Benefits for 2009 Model Year That Were Claimed in a Previous Ozone Attainment Demonstration SIP ...... 0.3 5.1 E. SIP Emission Benefits Shortfall (From I/M Program Changes) (B–A) ...... 2.0 11.4 F. NJLEV Benefits (B–C) ...... 2.6 49.5 G. NJLEV Benefits Not Previously Claimed (F–D) ...... 2.3 44.4

EPA’s Evaluation approvable Enhanced I/M program. The VII. Statutory and Executive Order Based on the above discussion and EPA is proposing to approve the rules Reviews the state’s 110(l) demonstration, EPA and rule amendments to the New Jersey Under the Clean Air Act, the believes that the changes to the New Department of Environmental Administrator is required to approve a Jersey’s I/M program will not interfere Protection’s rules at N.J.A.C. 7:27–14, SIP submission that complies with the with attainment or maintenance of any 7:27–15, 7:27A–3, 7:27B–4, 7:27B–5 and provisions of the Act and applicable of the NAAQS in either the Northern or the Motor Vehicle Commission rules at Federal regulations. 42 U.S.C. 7410(k); Southern New Jersey nonattainment N.J.A.C. 13:20–7.1 through 7.6, 13:20– 40 CFR 52.02(a). Thus, in reviewing SIP areas and would not interfere with any 26.12 and 26.16, 13:20–32.1 through submissions, the EPA’s role is to other applicable requirement of the 32.49, 13:20–33.1 through 33.50, approve state choices, provided that CAA, and thus, are approvable under Appendix C, N.J.A.C 13:20–43.1, 43.2 they meet the criteria of the Clean Air CAA section 110(l). and 43.2A, 43.4 through 43.8, 43.14, Act. Accordingly, this action merely approves state law as meeting Federal VI. What are the EPA’s conclusions? 43.16, and N.J.A.C 13:20–44.2, 44.3 and 44.10. The CAA gives states the requirements and does not impose The EPA’s review of the materials discretion in program planning to additional requirements beyond those submitted indicates that New Jersey has implement programs of the state’s imposed by state law. For that reason, revised its I/M program in accordance choosing as long as necessary emission this action: with the requirements of the CAA, 40 • Is not a ‘‘significant regulatory CFR part 51 and all of the EPA’s reductions are met. action’’ subject to review by the Office technical requirements for an of Management and Budget under

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Executive Order 12866 (58 FR 51735, ‘‘major rule’’ as defined by 5 U.S.C. of the available survey data used to October 4, 1993); 804(2). determine the Louisiana pinesnake’s • does not impose an information Under section 307(b)(1) of the Clean status and trends. Comments previously collection burden under the provisions Air Act, petitions for judicial review of submitted need not be resubmitted as of the Paperwork Reduction Act (44 this action must be filed in the United they are already incorporated into the U.S.C. 3501 et seq.); States Court of Appeals for the public record and will be fully • is certified as not having a appropriate circuit by December 11, considered in the final rule. We will significant economic impact on a 2017. Filing a petition for submit a final listing determination to substantial number of small entities reconsideration by the Administrator of the Federal Register for publication on under the Regulatory Flexibility Act (5 this final rule does not affect the finality or before April 6, 2018. U.S.C. 601 et seq.); of this action for the purposes of judicial • DATES: The comment period for the does not contain any unfunded review nor does it extend the time proposed rule published October 6, mandate or significantly or uniquely within which a petition for judicial 2016 (81 FR 69454), is reopened. We affect small governments, as described review may be filed, and shall not will accept comments received or in the Unfunded Mandates Reform Act postpone the effectiveness of such rule postmarked on or before November 6, of 1995 (Pub. L. 104–4); or action. This action may not be 2017. If you comment using the Federal • does not have Federalism challenged later in proceedings to eRulemaking Portal (see ADDRESSES), implications as specified in Executive enforce its requirements. (See section you must submit your comments by Order 13132 (64 FR 43255, August 10, 307(b)(2).) 11:59 p.m. Eastern Time on the closing 1999); date. • is not an economically significant List of Subjects in 40 CFR Part 52 regulatory action based on health or ADDRESSES: Document availability: You Environmental protection, Air may obtain copies of the proposed rule safety risks subject to Executive Order pollution control, Incorporation by 13045 (62 FR 19885, April 23, 1997); on the Internet at http:// • reference, Intergovernmental relations, www.regulations.gov at Docket No. is not a significant regulatory action Nitrogen dioxide, Ozone, Reporting and subject to Executive Order 13211 (66 FR FWS–R4–ES–2016–0121. Copies of the recordkeeping requirements, Volatile proposed rule are also available at 28355, May 22, 2001); organic compounds. • is not subject to requirements of https://www.fws.gov/southeast/ Section 12(d) of the National Authority: 42 U.S.C. 7401 et seq. lafayette/. Technology Transfer and Advancement Dated: September 6, 2017. Comment submission: You may Act of 1995 (15 U.S.C. 272 note) because Catherine R. McCabe, submit comments by one of the application of those requirements would following methods: Acting Regional Administrator, Region 2. 1. Federal eRulemaking Portal: http:// be inconsistent with the Clean Air Act; [FR Doc. 2017–21521 Filed 10–5–17; 8:45 am] and www.regulations.gov. In the Search box, • does not provide the EPA with the BILLING CODE 6560–50–P enter the docket number for this discretionary authority to address, as proposed rule, which is FWS–R4–ES– appropriate, disproportionate human 2016–0121. Then click on the Search health or environmental effects, using DEPARTMENT OF THE INTERIOR button. You may submit a comment by practicable and legally permissible clicking on ‘‘Comment Now!’’ Please Fish and Wildlife Service methods, under Executive Order 12898 ensure that you have found the correct (59 FR 7629, February 16, 1994). rulemaking before submitting your In addition, this rule does not have 50 CFR Part 17 comment. tribal implications as specified by [Docket No. FWS–R4–ES–2016–0121; 2. U.S. mail or hand delivery: Public Executive Order 13175 (65 FR 67249, 4500030113] Comments Processing, Attn: Docket No. November 9, 2000), because the SIP is FWS–R4–ES–2016–0121; U.S. Fish and not approved to apply in Indian country RIN 1018–BB46 Wildlife Service, MS: BPHC; 5275 located in the state, and the EPA notes Leesburg Pike; Falls Church, VA 22041– Endangered and Threatened Wildlife 3803. that it will not impose substantial direct and Plants; 6-Month Extension of Final costs on tribal governments or preempt Determination on the Proposed FOR FURTHER INFORMATION CONTACT: tribal law. Threatened Status for the Louisiana Joseph Ranson, Field Supervisor, U.S. The Congressional Review Act, 5 Pinesnake Fish and Wildlife Service, Louisiana U.S.C. 801 et seq., as added by the Small Ecological Services Office, 646 Business Regulatory Enforcement AGENCY: Fish and Wildlife Service, Cajundome Blvd., Suite 400, Lafayette, Fairness Act of 1996, generally provides Interior. LA; telephone 337–291–3101. Persons that before a rule may take effect, the ACTION: Proposed rule; reopening of the who use a telecommunications device agency promulgating the rule must comment period. for the deaf (TDD) may call the Federal submit a rule report, which includes a Relay Service at 800–877–8339. copy of the rule, to each House of the SUMMARY: We, the U.S. Fish and SUPPLEMENTARY INFORMATION: Congress and to the Comptroller General Wildlife Service (Service), announce a of the United States. The EPA will 6-month extension of the final Background submit a report containing this action determination of whether to list the On October 6, 2016 (81 FR 69454), we and other required information to the Louisiana pinesnake (Pituophis published under the Endangered U.S. Senate, the U.S. House of ruthveni) as a threatened species. We Species Act of 1973, as amended (Act; Representatives, and the Comptroller also reopen the comment period on the 16 U.S.C. 1531 et seq.), a proposed rule General of the United States prior to proposed rule to list the species for an to add the Louisiana pinesnake as a publication of the rule in the Federal additional 30 days. We are taking this threatened species to the List of Register. A major rule cannot take effect action based on substantial Endangered and Threatened Wildlife in until 60 days after it is published in the disagreement regarding available title 50 of the Code of Federal Federal Register. This action is not a information related to the interpretation Regulations (50 CFR 17.11(h)). That

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proposal had a 60-day comment period, accurate as possible and based on the Office (see FOR FURTHER INFORMATION ending December 5, 2016. We also best available scientific and commercial CONTACT). solicited and received independent data. Authority: The authority for this action is scientific review of the information We are particularly interested in new the Endangered Species Act of 1973, as contained in the proposed rule from information and comments regarding: amended (16 U.S.C. 1531 et seq.). peer reviewers with expertise in the (1) The interpretation of scientific Dated: August 30, 2017. Louisiana pinesnake or similar species, literature in the proposed rulemaking, in accordance with our July 1, 1994, and whether we overlooked any James W. Kurth, peer review policy (59 FR 34270). For a scientific literature in our analysis. In Acting Director, U.S. Fish and Wildlife description of previous Federal actions particular, some commenters expressed Service. concerning the Louisiana pinesnake, concern that there is insufficient [FR Doc. 2017–21591 Filed 10–5–17; 8:45 am] please refer to the proposed listing rule. scientific information (survey data in BILLING CODE 4333–15–P Section 4(b)(6) of the Act and its particular) to adequately assess the implementing regulations at 50 CFR conservation status of the species, while 424.17(a) require that we take one of others expressed concern that the DEPARTMENT OF COMMERCE three actions within 1 year of a available scientific information supports National Oceanic and Atmospheric proposed listing and concurrent an endangered determination. Administration proposed designation of critical habitat: (2) Additional survey information, (1) Finalize the proposed rule; (2) including maps, throughout the 50 CFR Part 648 withdraw the proposed rule; or (3) Louisiana pinesnake’s range, especially extend the final determination by not for Texas. RIN 0648–BF82 more than 6 months, if there is (3) Trapping results to determine the substantial disagreement regarding the Louisiana pinesnake’s estimated Magnuson-Stevens Fishery sufficiency or accuracy of the available occupied habitat areas (EOHAs). During Conservation and Management Act data relevant to the determination. the peer review period, peer reviewers Provisions; Fisheries of the Since the publication of the October were critical of methods used to Northeastern United States; Essential 6, 2016, proposed listing rule (81 FR determine EOHAs and questioned the Fish Habitat 69454), there has been substantial interpretation that resulted from our AGENCY: disagreement regarding available analysis. National Marine Fisheries information related to the interpretation If you previously submitted Service (NMFS), National Oceanic and of the available survey data used to comments or information on the Atmospheric Administration (NOAA), determine the Louisiana pinesnake’s October 6, 2016, proposed rule (81 FR Commerce. status and trends. Specifically, during 69454), please do not resubmit them. ACTION: Notice of availability of fishery the public comment period, we received We have incorporated previously management plan amendment; request multiple comments on the proposed submitted comments into the public for comments. listing and the sufficiency or accuracy of record, and we will fully consider them SUMMARY: The New England Fishery the available data used to support it. In in the preparation of our final Management Council has submitted the particular, the comments reflected determination. Our final determination Omnibus Essential Fish Habitat significant disagreement, including from concerning the proposed listing will one of the peer reviewers, regarding the take into consideration all written Amendment 2, incorporating an interpretation of the available data used comments and any additional Environmental Impact Statement, for to determine the Louisiana pinesnake’s information we receive. review by the Secretary of Commerce. status and trends, including the current You may submit your comments and NMFS is requesting comments from the conservation status of the Louisiana materials concerning the proposed rule public on the Omnibus Amendment, pinesnake in Louisiana and, by one of the methods listed in which was developed by the Council to particularly, in Texas. Therefore, in ADDRESSES, above. We request that you revise the essential fish habitat consideration of these disagreements, send comments only by the methods designations for each Council-managed we have determined that a 6-month described in ADDRESSES. species, designate Habitat Areas of extension of the final determination for If you submit information via http:// Particular Concern, revise the system of this rulemaking is necessary, and we are www.regulations.gov, your entire essential fish habitat management areas, hereby extending the final submission—including any personal address seasonal groundfish spawning determination for 6 months in order to identifying information—will be posted spatial management, establish Dedicated solicit and consider additional on the Web site. If your submission is Habitat Research Areas, and identify information that will help to clarify made via a hardcopy that includes actions that can be modified by these issues and to fully analyze data personal identifying information, you framework and other administrative that are relevant to our final listing may request at the top of your document concerns relating to the Amendment. determination. With this 6-month that we withhold this information from The intended effect of this action is to extension, we will make a final public review. However, we cannot ensure the Council’s fishery determination on the proposed rule no guarantee that we will be able to do so. management plans comply with the later than April 6, 2018. We will post all hardcopy submissions Magnuson-Stevens Fishery on http://www.regulations.gov. Conservation and Management Act’s Information Requested Comments and materials we receive, requirements to routinely review and We will accept written comments and as well as supporting documentation we update essential fish habitat information during this reopened used in preparing the proposed rule, designations and to continue to comment period on our proposed listing will be available for public inspection minimize to the extent practicable the rule. We will consider information and on http://www.regulations.gov, or by adverse effects of fishing on such recommendations from all interested appointment, during normal business designated habitat. parties. We intend that any final action hours, at the U.S. Fish and Wildlife DATES: Public comments must be resulting from the proposal be as Service, Louisiana Ecological Services received on or before December 5, 2017.

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ADDRESSES: You may submit comments (FMP). Omnibus EFH Amendment was to fish for spawning, breeding, feeding, on this document, identified by NOAA– developed over several years, with the or growth to maturity. EFH designations NMFS–2017–0123, by any of the first half dedicated to updating the EFH consist of two complementary elements, following methods: designations and consideration of the text descriptions, and the map • Electronic Submission: Submit all HAPCs. The remainder of the representations. Any specific area is electronic public comments via the development was focused on revising only considered EFH if it is displayed Federal e-Rulemaking Portal. Go to the system of year-round closed areas, in the EFH map and meets the www.regulations.gov/#!docketDetail;D= which restrict some types of fishing gear conditions defined in the text NOAA-NMFS-2017-0123 click the in order to protect vulnerable habitat description. Thus, the two components ‘‘Comment Now!’’ icon, complete the and establish a system of Dedicated of EFH must be used in conjunction required fields, and enter or attach your Habitat Research Areas (DHRAs). Prior with one another when applying EFH comments. to consideration of management area designations to fishery management, • Mail: Submit written comments to changes, the Council determined it was EFH consultation, or other questions. John K. Bullard, Regional important to consider revisions to the A full description of the updated Administrator, NMFS, Greater Atlantic year-round groundfish closures together designations, including maps of the Regional Fisheries Office, 55 Great because of the substantial overlap with designations, can be found in Volume 2 Republic Drive, Gloucester, MA 01930. the habitat management closures. of the EIS. In addition, a thorough Mark the outside of the envelope: The Council established 10 goals and discussion of the methods and ‘‘Comments on Omnibus EFH 14 objectives to guide the development approaches used to assemble the Amendment.’’ of this action. Goals 1–8 were designations is provided in the EIS. The Instructions: Comments sent by any established in 2004, at the onset of the quality and quantity of information other method, to any other address or Amendment’s development, and focus varied by species, so a single approach individual, or received after the end of on identification of EFH, fishing and for all Council-managed species and the comment period, may not be non-fishing activities that may adversely lifestage is not possible. The Council considered by NMFS. All comments affect EFH, and the development of relied upon the best available scientific received are a part of the public record measures and management programs to information for each species. and will generally be posted for public conserve, protect, and enhance EFH and 2. Habitat Areas of Particular Concern viewing on www.regulations.gov to minimize to the extent practicable the Habitat Areas of Particular Concern without change. All personal identifying adverse effects of fishing on EFH. The (HAPC) are intended to highlight information (e.g., name, address, etc.), additional goals (9 and 10) were specific areas of EFH that require confidential business information, or developed after the Council voted to additional consideration. HAPC otherwise sensitive information incorporate revision of the groundfish designations should be based on one or submitted voluntarily by the commenter closures in the Amendment. These goals more of the following criteria: (1) The may be publicly accessible. NMFS will are focused on enhancing groundfish importance of the ecological function accept anonymous comments (enter ‘‘N/ productivity and maximizing the provided by the habitat, including both A’’ in the required fields if you wish to societal net benefits from groundfish. the historical and current ecological remain anonymous). Attachments to The 14 objectives map to 1 or more of function; (2) the extent to which the electronic comments will be accepted in the Amendment’s goals and provide habitat is sensitive to human-induced Microsoft Word, Excel, or Adobe PDF more specific guidance on how to environmental degradation; (3) whether, file formats only. achieve that goal. For example, the and to what extent, development Copies of the Omnibus Amendment, objectives include identifying new data activities are, or will be, stressing the including its Environmental Impact sources upon which to base the EFH habitat type; and (4) the rarity of the Statement, preliminary Regulatory designations (Objective A), developing habitat type (50 CFR 600.815(a)(8)). The Impact Review, and Initial Regulatory analytical tools for EFH designation, Council considered proposals from the Flexibility Analysis (EIS/RIR/IRFA), are minimization of adverse impacts, and public using additional criteria in available from the New England Fishery monitoring the effectiveness of designating HAPCs, including whether Management Council, 50 Water Street, measures (Objective D; Goals 1, 3, and the designation would improve fisheries Newburyport, MA 01950. The EIS/RIR/ 5). Other objectives include modifying management in the exclusive economic IRFA is also accessible via the Internet fishing methods to reduce impacts zone, include EFH for more than one at: www.greater (Objective E; Goal 4), supporting the Council-managed species, include atlantic.fisheries.noaa.gov. restoration of degraded habitat juvenile cod EFH, and meet more than FOR FURTHER INFORMATION CONTACT: (Objective F; Goal 4), improved one of the regulatory HAPC criteria Moira Kelly, Senior Fishery Program groundfish spawning protection, listed above. Discussion of the areas Specialist, (978) 281–9218; fax: (978) including protection of localized considered and the eight criteria listed 281–9135, [email protected]. spawning contingents, and improved above can be found in Volume 2 of the protection of critical groundfish habitats SUPPLEMENTARY INFORMATION: EIS. (Goals 9 and 10). Please see Volume 1, The Council is recommending that the Background Section 3 of the in the EIS for more current Atlantic Salmon HAPC and the The Omnibus Essential Fish Habitat details on the goals and objectives of Northern Edge Juvenile Cod HAPC Amendment 2 (Omnibus EFH this Amendment. remain as designated because they Amendment) was initiated to review Proposed Measures continue to meet the criteria listed and update the essential fish habitat above. In addition, the Council is (EFH) designations, the habitat area of 1. Essential Fish Habitat Designations recommending the following areas as particular concern (HAPC) designations, The Council proposes to update the new HAPCs: Inshore Juvenile Cod and the habitat-related spatial EFH designations for all species and all HAPC; Great South Channel Juvenile management program for the New life stages for which more recent Cod HAPC; Cashes Ledge HAPC; England Fishery Management Council’s information is available. EFH is defined Jeffreys Ledge/Stellwagen Bank HAPC; suite of fishery management plans as those waters and substrate necessary Bear and Retriever Seamounts; and

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eleven canyon/canyon complexes and habitat closures of Closed Areas I ocean quahog dredges); charter/party or (Heezen; Lydonia, Gilbert, and and II and replacing them with three recreational fishing vessels, provided Oceanographers; Hydrographer; Veatch; new areas: (1) The Georges Shoal 2 that pelagic hook and line gear is used, Alvin, and Atlantis; Hudson; Toms, HMA, closed to mobile bottom-tending and there is no retention of regulated Middle Toms, and Hendrickson; gear, with a one-year delay in closure to species or ocean pout; and vessels that Wilmington; Baltimore; Washington; hydraulic clam dredges; (2) the are transiting. The Spring Massachusetts and Norfolk). Maps and coordinates for Northern Edge Reduced Impact HMA, Bay Spawning Protection Area would be the HAPC designations can be found in closed to mobile bottom-tending gear, closed to all vessels, except vessels that Volume 2 of the EIS. with two exceptions described below; do not have a Federal Northeast and (3) the Northern Edge Mobile multispecies permit and are fishing 3. Spatial Management for Adverse Bottom-Tending Gear HMA, closed to exclusively in state waters; vessels Effects Minimization mobile bottom-tending gear without any fishing with exempted gears (Pelagic The Magnuson-Stevens Act requires exceptions. Exemptions to the Reduced hook and line, pelagic longline, spears, that fishery management plans evaluate Impact HMA are scallop dredge fishing rakes, diving gear, cast nets, tongs, and minimize, to the extent practicable, in accordance with the scallop harpoons, weirs, dipnets, stop nets, the adverse effects of fishing on rotational area program, and trawl pound nets, pelagic gillnets, pots and designated EFH. The evaluation should fishing to the west of the existing traps, shrimp trawls (with a properly consider the effects of each fishing western boundary of Closed Area II configured grate), and surfclam and activity on each type of habitat found (67°20′ W. long.), in what is now the ocean quahog dredges); vessels with EFH. Councils must prevent, Eastern Georges Bank Special Access participating in the mid-water trawl mitigate, or minimize any adverse Program. In addition, any portions of exempted fishery; vessels participating effects from fishing on EFH, to the the Closed Area II groundfish closed in the purse seine exempted fishery, sea extent practicable, if there is evidence area north of 41°30′ N. lat. would be scallop dredge gear when under a that a fishing activity adversely affects closed to scallop fishing between June scallop day-at-sea; vessels lawfully in a EFH in a manner that is more than 15 and October 31 of each year. The scallop dredge exemption area; vessels minimal and not temporary in nature. remainder of the existing Closed Area I that are transiting; charter and party To that end, the Council is Habitat and Groundfish Closure Areas vessels; and recreational vessels. recommending the following habitat and Closed Area II Groundfish Closure On Georges Bank, the Council management areas (HMA) and Area would be opened, except for recommends converting the existing restrictions. Full descriptions, including seasonal spawning protection as groundfish closure area, Closed Area II, maps and coordinates of the Council’s described below. and the existing habitat area, Closed recommendations, can be found in In the Great South Channel, the Area I North, into seasonal closures. Volume 3 of the EIS. Council recommends establishing the Both areas would be closed from In the Eastern Gulf of Maine, the Great South Channel HMA, closed to February 1 through April 15 of each Council recommends establishing the mobile bottom-tending gear. Closure to year to all commercial and recreational Small Eastern Maine HMA, closed to all hydraulic clam dredges would be gears that catch groundfish, except mobile bottom-tending gears. delayed for one year, outside of the scallop dredges, vessels fishing with In the Central Gulf of Maine, the northeast corner of the area. The exempted gears, vessels participating in Council recommends maintaining the Council also recommends establishing the mid-water trawl fishery, and vessels existing Cashes Ledge Groundfish two HMAs on Cox Ledge, closed to that are transiting. Closure Area, with its current fishing hydraulic clam dredges, and requiring 5. Dedicated Habitat Research Areas restrictions and exemptions; modifying no ground cables on trawls fishing in the existing Jeffreys Bank and Cashes the areas. The Nantucket Lightship Dedicated Habitat Research Areas Ledge Habitat Closure Areas, with their Habitat Closure Area and the Nantucket (DHRAs) are intended to facilitate more current fishing restrictions and Lightship Closed Area would be focused research on fishing gear impacts exemptions; establishing the Fippennies removed. on habitat or other issues related to Ledge HMA, closed to mobile bottom- habitat and fisheries productivity. The tending gear; and establishing the 4. Groundfish Spawning Protections Council is recommending two DHRAs Ammen Rock HMA, closed to all fishing In the Gulf of Maine, the Council in this amendment. The Stellwagen except lobster traps. recommends establishing the DHRA would be implemented with the In the Western Gulf of Maine, the Massachusetts Bay Cod Spawning same restrictions as the Western Gulf of Council recommends maintaining the Protection Area from November through Maine closed areas described above. existing Western Gulf of Maine Habitat January of each year and closing The Georges Bank DHRA, which is the Closure Area, closed to mobile bottom- statistical block 125 for the first half of same footprint as the current Closed tending gears, and modifying the eastern April each year (the ‘‘Spring Area I South Habitat Closure Area, boundary of the Western Gulf of Maine Massachusetts Bay Spawning Protection would be closed to mobile bottom- Closure Area to align with the habitat Area.’’) The Massachusetts Bay tending gear. closure area, while maintaining the Spawning Protection Area would be The Council is recommending these current fishing restrictions and closed to all vessels, except those that DHRAs in combination with a three- requirements for both areas. The do not have a Federal Northeast year sunset provision. If approved, three Council also recommends creating an multispecies permit and are fishing years after implementation, the Regional exemption area within the northwest exclusively in state waters; that are Administrator would initiate a review of corner of those closures for shrimp fishing with exempted gears (Pelagic the DHRAs and the research activity trawls and designating the existing hook and line, pelagic longline, spears, being conducted within them. If no Roller Gear Restricted Area rakes, diving gear, cast nets, tongs, research has been conducted or initiated requirements as a habitat protection harpoons, weirs, dipnets, stop nets, to further the Council’s habitat-related measure. pound nets, pelagic gillnets, pots and questions, the Regional Administrator On Georges Bank, the Council traps, shrimp trawls (with a properly may, after consultation with the recommends removing the year-round configured grate), and surfclam and Council, remove the DHRA designation.

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6. Framework and Administrative what the Council learned during the in the approval/disapproval decision on Actions review of the performance of existing the amendment. All comments received closed areas and the development of by December 5, 2017, whether The Council is recommending three new EFH management in this specifically directed to the Omnibus administrative actions as part of the amendment, the Council would identify EFH Amendment or the proposed rule Omnibus EFH Amendment. First, and periodically revise research for this amendment, will be considered additional spatial management priorities to improve habitat and in the approval/disapproval decision on measures, including designation or spawning area monitoring. the Omnibus EFH Amendment. removal of HMAs and changes to fishing Comments received after that date will Public Comment Instructions restrictions within HMAs, would be not be considered in the decision to added to the list of frameworkable items Public comments on the Omnibus approve or disapprove the Amendment. for all fisheries. Second, a strategic EFH Amendment and its incorporated To be considered, comments must be process would be established to documents may be submitted through received by close of business on the last routinely evaluate the boundaries, the end of the comment period stated in day of the comment period. scope, characteristics, and timing of the this notice of availability. A proposed Authority: 16 U.S.C. 1801 et seq. habitat and spawning protection areas, rule to implement the Amendment, including a technical review that including draft regulatory text, will be Dated: October 3, 2017. evaluates the performance of these areas published in the Federal Register for Alan D. Risenhoover, at 10-year intervals following public comment. Public comments on Director, Office of Sustainable Fisheries, implementation. A list of questions to the proposed rule received by the end National Marine Fisheries Service. guide this review are provided in of the comment period provided in this [FR Doc. 2017–21560 Filed 10–5–17; 8:45 am] Volume 3 of the EIS. Third, building on notice of availability will be considered BILLING CODE 3510–22–P

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Notices Federal Register Vol. 82, No. 193

Friday, October 6, 2017

This section of the FEDERAL REGISTER Hancock, NASS—OMB Clearance collected. NASS also plans to conduct contains documents other than rules or Officer, at (202) 690–2388 or at some cognitive testing during this proposed rules that are applicable to the [email protected]. renewal period. The public reporting public. Notices of hearings and investigations, SUPPLEMENTARY INFORMATION: burden for this information collection is committee meetings, agency decisions and estimated to average 5 minutes for the rulings, delegations of authority, filing of Title: Agricultural Labor Survey. petitions and applications and agency OMB Control Number: 0535–0109. quality control surveys and 30 minutes statements of organization and functions are Expiration Date of Approval: March per response in April and October. examples of documents appearing in this 31, 2018. Respondents: Farms and businesses. section. Type of Request: Intent to Seek Estimated Number of Respondents: Approval to Revise and Extend an 15,000. Information Collection for 3 years. Estimated Total Annual Burden on DEPARTMENT OF AGRICULTURE Abstract: The primary objective of the Respondents: 15,000 hours. National Agricultural Statistics Service National Agricultural Statistics Service is to prepare and issue State and Copies of this information collection national estimates of crop and livestock and related instructions can be obtained Notice of Intent To Request Revision production, disposition, and prices. The without charge from David Hancock, and Extension of a Currently Approved Agricultural Labor Survey provides NASS Clearance Officer, at (202) 690– Information Collection quarterly statistics on the number of 2388. AGENCY: National Agricultural Statistics agricultural workers, hours worked, and Comments: Comments are invited on: Service, USDA. wage rates. Number of workers and (a) Whether the proposed collection of ACTION: Notice and request for hours worked are used to estimate information is necessary for the proper comments. agricultural productivity; wage rates are performance of the functions of the used in the administration of the H–2A agency, including whether the SUMMARY: In accordance with the Program and for setting Adverse Effect information will have practical utility; Paperwork Reduction Act of 1995 this Wage Rates. Survey data are also used (b) the accuracy of the agency’s estimate notice announces the intention of the to carry out provisions of the of the burden of the proposed collection National Agricultural Statistics Service Agricultural Adjustment Act. NASS of information including the validity of (NASS) to request revision and intends to request that the survey be the methodology and assumptions used; extension of a currently approved approved for another 3 years. (c) ways to enhance the quality, utility, information collection, the Agricultural Authority: These data will be and clarity of the information to be Labor Survey. Revision to burden hours collected under the authority of 7 U.S.C. collected; specifically, on the benefits of will be needed due to changes in the 2204(a). Individually identifiable data collection of hourly base rate of pay, size of the target population, sampling collected under this authority are piece rate of pay, and experience level design, and/or questionnaire length. governed by Section 1770 of the Food and (d) ways to minimize the burden of DATES: Comments on this notice must be Security Act of 1985 as amended, 7 the collection of information on those received by December 5, 2017 to be U.S.C. 2276, which requires USDA to who are to respond, through the use of assured of consideration. afford strict confidentiality to non- appropriate automated, electronic, aggregated data provided by mechanical, technological or other ADDRESSES: You may submit comments, respondents. This Notice is submitted in forms of information technology identified by docket number 0535–0109, accordance with the Paperwork collection methods. by any of the following methods: Reduction Act of 1995, Public Law 104– All responses to this notice will • Email: [email protected]. 13 (44 U.S.C. 3501, et seq.) and Office become a matter of public record and be Include docket number above in the subject of Management and Budget regulations summarized in the request for OMB line of the message. at 5 CFR part 1320. • eFax: (855) 838–6382. approval. NASS also complies with OMB • Mail: Mail any paper, disk, or CD–ROM Signed at Washington, DC, September 21, submissions to: David Hancock, NASS Implementation Guidance, 2017. ‘‘Implementation Guidance for Title V Clearance Officer, U.S. Department of R. Renee Picanso, Agriculture, Room 5336 South Building, of the E-Government Act, Confidential Associate Administrator. 1400 Independence Avenue SW., Information Protection and Statistical Washington, DC 20250–2024. Efficiency Act of 2002 (CIPSEA),’’ [FR Doc. 2017–21624 Filed 10–5–17; 8:45 am] • Hand Delivery/Courier: Hand deliver to: Federal Register, Vol. 72, No. 115, June BILLING CODE 3410–20–P David Hancock, NASS Clearance Officer, 15, 2007, p. 33362. U.S. Department of Agriculture, Room 5336 Estimate of Burden: This information South Building, 1400 Independence Avenue DEPARTMENT OF AGRICULTURE SW., Washington, DC 20250–2024. collection consists of three individual surveys. In April, NASS will collect Rural Business-Cooperative Service FOR FURTHER INFORMATION CONTACT: R. data for the January and April quarters Renee Picanso, Associate Administrator, and in October, NASS will collect data Notice of Request for Revision of a National Agricultural Statistics Service, for both the July and October quarters. Currently Approved Information U.S. Department of Agriculture, (202) Following these two surveys NASS will Collection 720–4333. Copies of this information re-contact approximately 500 operators collection and related instructions can to conduct quality control surveys to AGENCY: Rural Business-Cooperative be obtained without charge from David help insure the quality of the data Service, USDA.

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ACTION: Proposed collection; comments Estimated Number of Responses per within Site 1 of FTZ 265, in Conroe, requested. Respondent: 25. Texas. Estimated Number of Responses: The notification was processed in SUMMARY: In accordance with the 49,925. accordance with the regulations of the Paperwork Reduction Act of 1995, this Estimated Total Annual Burden on FTZ Board (15 CFR part 400), including notice announces the Rural Business- Respondents: 129,805. notice in the Federal Register inviting Cooperative Service’s (RBS) intention to Copies of this information collection public comment (82 FR 30821–30822, request an extension for a currently can be obtained from Jeanne Jacobs, July 3, 2017). On October 3, 2017, the approved information collection in Regulations and Paperwork applicant was notified of the FTZ support of the Rural Energy for America Management Branch, Support Services Board’s decision that no further review Program (REAP). Division at (202) 692–0040. of the activity is warranted at this time. DATES: Comments on this notice must be Comments: Comments are invited on: The production activity described in the received by December 5, 2017 to be (a) Whether the proposed collection of notification was authorized, subject to assured of consideration. information is necessary for the proper the FTZ Act and the FTZ Board’s FOR FURTHER INFORMATION CONTACT: performance of the functions of USDA, regulations, including Section 400.14. Tony Crooks, Rural Business- including whether the information will Dated: October 3, 2017. Cooperative Service, USDA, STOP 3225, have practical utility; (b) the accuracy of Andrew McGilvray, USDA’s estimate of the burden of the 1400 Independence Ave. SW., Executive Secretary. Washington, DC 20250–3225, proposed collection of information [FR Doc. 2017–21595 Filed 10–5–17; 8:45 am] Telephone (202) 205–9322. including the validity of the BILLING CODE 3510–DS–P SUPPLEMENTARY INFORMATION: methodology and assumptions used; (c) Title: Rural Energy for America ways to enhance the quality, utility and clarity of the information to be Program. DEPARTMENT OF COMMERCE OMB Number: 0570–0067. collected; and (d) ways to minimize the Expiration Date of Approval: February burden of the collection of information International Trade Administration 28, 2018. on those who are to respond, including [C–570–913] Type of Request: Revision of a through the use of appropriate automated, electronic, mechanical, or currently approved information Certain New Pneumatic Off-The-Road other technological collection collection. Tires From the People’s Republic of techniques or other forms of information Abstract: REAP provides grants and China: Preliminary Results of technology. Comments may be sent to loan guarantees to eligible agricultural Countervailing Duty Administrative Jeanne Jacobs, Regulations and producers and rural small businesses for Review; 2015 the purchase of renewable energy Paperwork Management Branch, systems and the implementation of Support Services Division, U.S. AGENCY: Enforcement and Compliance, energy efficiency improvements. REAP Department of Agriculture, Rural International Trade Administration, also provides grants for eligible entities Development, STOP 0742, 1400 Department of Commerce. to conduct energy audits and provide Independence Ave. SW., Washington, SUMMARY: The Department of Commerce and renewable energy development DC 20250–0742. All responses to this (the Department) preliminarily assistance. This notice is specific to the notice will be summarized and included determines that countervailable information collection required for in the request for OMB approval. All subsidies are being provided to REAP. comments will also become a matter of producers and exporters of new The collection of information is vital public record. pneumatic off-the-road tires (OTR Tires) for Rural Development to make Dated: September 28, 2017. from the People’s Republic of China informed decisions regarding the Chad Parker, (PRC). The period of review (POR) is eligibility of applicants and borrowers, Acting Administrator, Rural Business- January 1, 2015, through December 31, establish selection priorities among Cooperative Service. 2015. Interested parties are invited to competing applicants ensure [FR Doc. 2017–21568 Filed 10–5–17; 8:45 am] comment on these preliminary results. compliance with applicable Rural BILLING CODE 3410–XY–P DATES: Applicable October 6, 2017. Development regulations, and FOR FURTHER INFORMATION CONTACT: effectively monitor the grantees and Chien-Min Yang or Jack Zhao, AD/CVD borrowers activities to protect the Operations, Office VII, Enforcement and DEPARTMENT OF COMMERCE Government’s financial interest and Compliance, International Trade ensure that funds obtained from the Foreign-Trade Zones Board Administration, U.S. Department of Government are used appropriately. Commerce, 1401 Constitution Avenue This information will be used to [B–44–2017] NW., Washington, DC 20230; telephone: determine applicant eligibility, to (202) 482–5484 or (202) 482–1396 determine project eligibility and Foreign-Trade Zone (FTZ) 265— respectively. feasibility, and to ensure that grantees/ Conroe, Texas; Authorization of borrowers operate on a sound basis and Production Activity; Bauer Scope of the Order use funds for authorized purposes. Manufacturing LLC dba NEORig; The products covered by the order are Estimate of Burden: Public reporting (Stationary Oil/Gas Drilling Rigs); new pneumatic tires designed for off- burden for this collection of information Conroe, Texas the-road (OTR) and off-highway use. For is estimated to average 2.6 hours per a full description of the scope of this response. On June 5, 2017, the City of Conroe, order, see the Preliminary Decision Respondents: Agricultural Producers grantee of FTZ 265, submitted a Memorandum.1 and Rural Small Businesses. notification of proposed production Estimated Number of Respondents: activity to the FTZ Board on behalf of 1 See ‘‘Decision Memorandum for the Preliminary 1,997. Bauer Manufacturing LLC dba NEORig, Results of the Countervailing Duty Administrative

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Methodology Subsidy (2) a brief summary of the argument; 7 On September 4, 2008, the Company rate and (3) a table of authorities. (percent) Interested parties who wish to request Department issued a countervailing a hearing must do so within 30 days of duty order on new pneumatic tires Non-Selected Companies Under publication of these preliminary results designed for OTR and off-highway use.2 Review ...... 39.10 by submitting a written request to the The Department is conducting this Assistant Secretary for Enforcement and administrative review in accordance Preliminary Rate for Non-Selected Compliance, U.S. Department of with section 751(a)(1)(A) of the Tariff Companies Under Review Commerce, using Enforcement and Act of 1930, as amended (the Act). For Compliance’s ACCESS system.8 each of the subsidy programs found The statute and the Department’s Requests should contain the party’s countervailable, we preliminarily find regulations do not directly address the name, address, and telephone number, that there is a subsidy, (i.e., a financial establishment of rates to be applied to the number of participants, and a list of contribution from an authority that companies not selected for individual the issues to be discussed. If a request gives rise to a benefit to the recipient) examination where the Department for a hearing is made, we will inform and that the subsidy is specific.3 For a limits its examination in an parties of the scheduled date for the full description of the methodology administrative review pursuant to hearing which will be held at the U.S. underlying our preliminary conclusions, section 777A(e)(2) of the Act. However, Department of Commerce, 14th Street including our reliance, in part, on the Department normally determines the and Constitution Avenue NW., adverse facts otherwise available rates for non-selected companies in Washington, DC 20230, at a time and pursuant to sections 776(a) and (b) of reviews in a manner that is consistent location to be determined.9 Parties the Act, see the accompanying with section 705(c)(5) of the Act, which should confirm by telephone the date, Preliminary Decision Memorandum. A provides instructions for calculating the time, and location of the hearing. Issues list of topics discussed in the all-others rate in an investigation. addressed at the hearing will be limited Preliminary Decision Memorandum is Section 705(c)(5)(A)(i) of the Act to those raised in the briefs.10 All briefs provided at Appendix I to this notice. instructs the Department as a general and hearing requests must be filed The Preliminary Decision rule to calculate an all others rate using electronically and received successfully Memorandum is a public document and the weighted average of the subsidy in their entirety through ACCESS by is on file electronically via Enforcement rates established for the producers/ exporters individually examined, 5:00 p.m. Eastern Time on the due date. and Compliance’s Antidumping and Unless the deadline is extended Countervailing Duty Centralized excluding any zero, de minimis, or rates based entirely on facts available. In this pursuant to section 751(a)(3)(A) of the Electronic Service System (ACCESS). Act, the Department intends to issue the ACCESS is available to registered users review, the preliminary subsidy rates calculated for Guizhou Tyre and its final results of this administrative at http://access.trade.gov, and is review, including the results of our available to all parties in the Central cross-owned affiliates are above de minimis and are not based entirely on analysis of the issues raised by the Records Unit, Room B8024 of the main parties in their comments, within 120 Department of Commerce building. In facts available. Therefore, for the companies for which a review was days after publication of these addition, a complete version of the preliminary results. Preliminary Decision Memorandum can requested that were not selected as be accessed directly at http:// mandatory company respondents and Assessment Rates and Cash Deposit enforcement.trade.gov/frn/. The signed which we are not finding to be cross- Requirement owned with the mandatory company Preliminary Decision Memorandum and Upon issuance of the final results, the respondents, we are preliminarily the electronic version of the Preliminary Department shall determine, and U.S. basing the subsidy rate on the subsidy Decision Memorandum are identical in Customs and Border Protection (CBP) rate calculated for Guizhou Tyre. For a content. shall assess, countervailing duties on all list of these non-selected companies, appropriate entries covered by this Preliminary Results of Review please see Appendix II to this notice. review. We intend to issue instructions As a result of this review, we Disclosure and Public Comment to CBP 15 days after publication of the preliminarily determine the final results of review. countervailable subsidy rates to be: The Department will disclose to Pursuant to section 751(a)(2)(C) of the parties to this proceeding the Act, the Department also intends to Subsidy calculations performed in reaching the instruct CBP to collect cash deposits of Company rate preliminary results within five days of (percent) estimated countervailing duties, in the the date of publication of these amounts shown above for each of the 4 Guizhou Tyre Co., Ltd./Guizhou preliminary results. Interested parties respective companies shown above, on Tyre Import & Export Co., Ltd 39.10 may submit written comments (case shipments of subject merchandise Xuzhou Xugong Tyres Co. Ltd ... 91.94 briefs) within 30 days of publication of entered, or withdrawn from warehouse, the preliminary results and rebuttal for consumption on or after the date of Review of Certain New Pneumatic Off-The-Road comments (rebuttal briefs) within five publication of the final results of this Tires from the People’s Republic of China; 2015,’’ days after the time limit for filing case review. For all non-reviewed firms, we dated concurrently with this notice (Preliminary briefs.5 Rebuttal briefs must be limited will instruct CBP to continue to collect Decision Memorandum) and hereby adopted by this 6 notice. to issues raised in the case briefs. cash deposits at the most-recent 2 See Certain New Pneumatic Off-the-Road Tires Parties who submit case or rebuttal company-specific or all-others rate from the People’s Republic of China: Countervailing briefs are requested to submit with the applicable to the company, as Duty Order, 73 FR 51627 (September 4, 2008) (OTR argument: (1) A statement of the issue; CVD Order). 7 3 See sections 771(5)(B) and (D) of the Act See 19 CFR 351.309(c)(2) and (d)(2). regarding financial contribution; section 771(5)(E) 4 See 19 CFR 351.224(b). 8 See 19 CFR 351.310(c). of the Act regarding benefit; and section 771(5A) of 5 See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l). 9 See 19 CFR 351.310. the Act regarding specificity. 6 See 19 CFR 351.309(d)(2). 10 See 19 CFR 351.310(c).

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appropriate. These cash deposit 24. England Logistics (Qingdao) Co Ltd 79. Shanghai Hua Shen Imp & Exp Co requirements, when imposed, shall 25. Extra Type Co Ltd Ltd remain in effect until further notice. 26. Fedex International Freight 80. Shanghai Part-Rich Auto Parts Co These preliminary results of review Forwarding Services Shanghai Co Ltd are issued and published in accordance Ltd 81. Shanghai TCH Metals & Machinery with sections 751(a)(l) and 777(i)(l) of 27. FG Intl Logistics Ltd Co Ltd the Act and 19 CFR 351.213 and 28. Global Container Line 82. Shantou Zhisheng Plastic Co Ltd 351.221(b)(4). 29. Honour Lane Shipping 83. Shiyan Desizheng Industry & Trade 30. Innova Rubber Co., Ltd. Dated: October 2, 2017. Co., Ltd. 31. Inspire Intl Enterprise Co Ltd 84. Techking Tires Limited Gary Taverman, 32. JHJ Intl Transportation Co 85. Thi Group (Shanghai) Ltd Deputy Assistant Secretary for Antidumping 33. Jiangsu Feichi Co. Ltd. 86. Tianjin Leviathan International and Countervailing Duty Operations 34. Kenda Rubber (China) Co Ltd performing the non-exclusive duties of the Trade Co., Ltd. 35. KS Holding Limited/KS Resources 87. Tianjin United Tire & Rubber Assistant Secretary for Enforcement and Limited Compliance. International Co., Ltd. 36. Laizhou Xiongying Rubber Industry 88. Tianjin Wanda Tyre Group Co. Appendix I Co., Ltd. 89. Tianshui Hailin Import and Export List of Topics Discussed in the Preliminary 37. Landmax Intl Co Ltd Corporation Decision Memorandum 38. LF Logistics China Co Ltd 90. Tiremart Qingdao Inc 39. Mai Shandong Radial Tyre Co., Ltd. I. Summary 91. Translink Shipping Inc 40. Maine Industrial Tire LLC 92. Trelleborg Wheel Systems (Xingtai) II. Background 41. Master Intl Logistics Co Ltd III. Scope of the Order China, Co. Ltd. 42. Melton Tire Co. Ltd IV. Use of Facts otherwise Available and 93. Trelleborg Wheel Systems Hebei Co 43. Merityre Specialists Ltd Application of Adverse Inferences 94. Triangle Tyre Co. Ltd. 44. Mid-America Overseas Shanghai Ltd V. Application of the Countervailing Duty 95. Universal Shipping Inc 45. Omni Exports Ltd Law to Imports from the PRC 96. UTI China Ltd 46. Orient Express Container Co Ltd VI. Subsidies Valuation 97. Weifang Jintongda Tyre Co., Ltd. 47. Oriental Tyre Technology Limited VII. Interest Rate Benchmarks, Discount 98. Weihai Zhongwei Rubber Co., Ltd. Rates, Input, Electricity, and Land 48. Pudong Prime Intl Logistics Inc 99. Weiss-Rohlig China Co Ltd Benchmarks 49. Q&J Industrial Group Co Ltd VIII. Analysis of Programs 50. Qingdao Aotai Rubber Co Ltd 100. World Bridge Logistics Co Ltd IX. Disclosure and Public Comment 51. Qingdao Apex Shipping 101. World Tyres Ltd. X. Verification 52. Qingdao Chengtai Handtruck Co Ltd 102. Xiamen Ying Hong Import & Export XI. Conclusion 53. Qingdao Chunangtong Founding Co Trade Co Ltd 103. Xuzhou Xugong Tyres Co Ltd; Appendix II Ltd 54. Qingdao Free Trade Zone Full- Xuzhou Armour Rubber Company Companies Not Selected for Review World International Trading Co., Ltd.; HK Lande International 1. Aeolus Tyre Co., Ltd. Ltd. Investment Limited; Armour Tires 2. Air Sea Transport Inc 55. Qingdao Haojia (Xinhai) Tyre Co. Inc. (collectively ‘‘Xugong’’) 3. Air Sea Worldwide Logistics Ltd 56. Qingdao Haomai Hongyi Mold Co 104. Yoho Holding 4. AM Global Shipping Lines Ltd 105. Zheijiang Wheel World Industrial 5. Apex Maritime Co Ltd 57. Qingdao J&G Intl Trading Co Ltd Co Ltd 6. Apex Maritime Thailand Co Ltd 58. Qingdao Jinhaoyang International 106. Zhejiang Xinchang Zhongya 7. BDP Intl LTD China Co. Ltd Industry Co., Ltd. 8. Beijing Kang Jie Kong Intl Cargo 59. Qingdao Kaoyoung Intl Logistics Co 107. Zhongce Rubber Group Company Agent Co Ltd Ltd Limited 9. C&D Intl Freight Forward Inc 60. Qingdao Milestone Tyres Co Ltd. 108. ZPH Industrial Ltd 10. Caesar Intl Logistics Co Ltd 61. Qingdao Nexen Co Ltd [FR Doc. 2017–21586 Filed 10–5–17; 8:45 am] 11. Caterpillar & Paving Products 62. Qingdao Qihang Tyre Co. BILLING CODE 3510–DS–P Xuzhou Ltd 63. Qingdao Qizhou Rubber Co., Ltd. 12. CH Robinson Freight Services China 64. Qingdao Shijikunyuan Intl Co Ltd LTD 65. Qingdao Sinorient International Ltd. DEPARTMENT OF COMMERCE 13. Changzhou Kafurter Machinery Co 66. Qingdao Taifa Group Imp. And Exp. Ltd Co., Ltd./Qingdao Taifa Group Co., International Trade Administration 14. Cheng Shin Rubber (Xiamen) Ind Ltd. [Application No. 84–28A12] Ltd 67. Qingdao Wonderland 15. China Intl Freight Co Ltd 68. Qingdao Zhenhua Barrow Export Trade Certificate of Review 16. Chonche Auto Double Happiness Manufacturing Co., Ltd. Tyre Corp Ltd 69. Rich Shipping Company ACTION: Notice of Application for an 17. City Ocean Logistics Co Ltd 70. RS Logistics Ltd Amended Export Trade Certificate of 18. Consolidator Intl Co Ltd 71. Schenker China Ltd Review by Northwest Fruit Exporters, 19. Crowntyre Industrial Co. Ltd 72. Seastar Intl Enterprise Ltd Application No. 84–28A12. 20. CTS Intl Logistics Corp 73. SGL Logistics South China Ltd 21. Daewoo Intl Corp 74. Shandong Huitong Tyre Co., Ltd. SUMMARY: The Secretary of Commerce, 22. De Well Container Shipping Inc 75. Shandong Linglong Tyre Co., Ltd. through the International Trade 23. Double Coin Holdings Ltd; Double 76. Shandong Taishan Tyre Co. Ltd. Administration, Office of Trade and Coin Group Shanghai Donghai Tyre 77. Shanghai Cartec Industrial & Economic Analysis (OTEA), has Co., Ltd; and Double Coin Group Trading Co Ltd received an application for an amended Rugao Tyre Co., Ltd. (collectively 78. Shanghai Grand Sound Intl Export Trade Certificate of Review ‘‘Double Coin’’) Transportation Co Ltd (‘‘Certificate’’) from Northwest Fruit

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Exporters. This notice summarizes the Summary of the Application Brewster, WA proposed amendment and seeks public 4. Apple King, L.L.C., Yakima, WA Applicant: Northwest Fruit Exporters, 5. Auvil Fruit Co., Inc., Orondo, WA comments on whether the amended 105 South 18th Street, Suite 227, Certificate should be issued. 6. Baker Produce, Inc., Kennewick, WA Yakima, WA 98901. 7. Blue Bird, Inc., Peshastin, WA FOR FURTHER INFORMATION CONTACT: Contact: Fred Scarlett, Manager, (509) 8. Blue Star Growers, Inc., Cashmere, WA Joseph E. Flynn, Director, Office of 576–8004. 9. Borton & Sons, Inc., Yakima, WA Trade and Economic Analysis, Application No.: 84–28A12. 10. Brewster Heights Packing & Orchards, LP, International Trade Administration, by Date Deemed Submitted: September Brewster, WA 20, 2017. 11. Broetje Orchards LLC, Prescott, WA telephone at (202) 482–5131 (this is not 12. C.M. Holtzinger Fruit Co., Inc., Yakima, a toll-free number) or email at etca@ Proposed Amendment: Northwest Fruit Exporters seeks to amend its WA trade.gov. 13. CMI Orchards, LLC, Wenatchee, WA Certificate as follows: 14. Chelan Fruit Cooperative, Chelan, WA SUPPLEMENTARY INFORMATION: Title III of 1. Add a definition of ‘‘export quota’’ 15. Chiawana, Inc. dba Columbia Reach Pack, the Export Trading Company Act of to clarify that export quotas are those Yakima, WA 1982 (15 U.S.C. 4001–21) authorizes the imposed by an authorized government 16. Columbia Fruit Packers, Inc., Wenatchee, Secretary of Commerce to issue Export entity in the receiving country. The term WA Trade Certificates of Review. An Export does not include a growers association. 17. Columbia Fruit Packers/Airport Division, Trade Certificate of Review protects the 2. Add the Affiliate Contractor to the Wenatchee, WA Export Trade Certificate of Review, as 18. Columbia Valley Fruit, L.L.C., Yakima, holder and the members identified in WA the Certificate from State and Federal the Affiliate Contractor will provide management services by contract to 19. Congdon Packing Co. L.L.C., Yakima, WA government antitrust actions and from 20. Conrad & Adams Fruit L.L.C., Grandview, private treble damage antitrust actions assist Northwest Fruit Exporters in WA for the export conduct specified in the carrying out its activities authorized 21. Cowiche Growers, Inc., Cowiche, WA Certificate and carried out in under the Export Trade Certificate of 22. CPC International Apple Company, compliance with its terms and Review: Tieton, WA conditions. Section 302(b)(1) of the 3. Add a definition of ‘‘Affiliate 23. Crane & Crane, Inc., Brewster, WA Export Trading Company Act of 1982 Contractor’’ to recognize that the 24. Custom Apple Packers, Inc., Quincy, and Northwest Horticultural Council Wenatchee, WA and 15 CFR 325.6(a) require the 25. Diamond Fruit Growers, Odell, OR Secretary to publish a notice in the (‘‘NHC’’) will be providing management services by contract to assist NFE in 26. Domex Superfresh Growers LLC, Yakima, Federal Register identifying the WA applicant and summarizing its proposed carrying out its activities authorized 27. Douglas Fruit Company, Inc., Pasco, WA export conduct. under the Export Trade Certificate of 28. Dovex Export Company, Wenatchee, WA Review. 29. Duckwall Fruit, Odell, OR Request for Public Comments 4. Add a clarifying amendment 30. E. Brown & Sons, Inc., Milton-Freewater, restating that meetings at which the NFE Interested parties may submit written OR Board of Directors may allocate quotas 31. Evans Fruit Co., Inc., Yakima, WA comments relevant to the determination among its members or establish export 32. E.W. Brandt & Sons, Inc., Parker, WA whether an amended Certificate should prices shall not be open to the public or 33. Frosty Packing Co., LLC, Yakima, WA be issued. If the comments include any to members of NFE not represented on 34. G&G Orchards, Inc., Yakima, WA privileged or confidential business the NFE Board of Directors. Employees 35. Gilbert Orchards, Inc., Yakima, WA information, it must be clearly marked 36. Gold Digger Apples, Inc., Oroville, WA of the Affiliate Contractor are eligible to and a nonconfidential version of the 37. Hansen Fruit & Cold Storage Co., Inc., attend such meetings. comments (identified as such) should be Yakima, WA 5. Add an amendment that through 38. Henggeler Packing Co., Inc., Fruitland, ID included. Any comments not marked as the management services agreement privileged or confidential business 39. Highland Fruit Growers, Inc., Yakima, between NFE and NHC, NHC staff may WA information will be deemed to be receive or have access to NFE 40. HoneyBear Growers, Inc., Brewster, WA nonconfidential. information that is confidential or 41. Honey Bear Tree Fruit Co., LLC, An original and five (5) copies, plus proprietary (‘‘Confidential Wenatchee, WA two (2) copies of the nonconfidential Information’’). Employees of NHC will 42. Hood River Cherry Company, Hood River, OR version, should be submitted no later be required to maintain the than 20 days after the date of this notice 43. Ice Lakes LLC, East Wenatchee, WA confidentiality of the Confidential 44. JackAss Mt. Ranch, Pasco, WA to: Export Trading Company Affairs, Information as is currently required of 45. Jenks Bros Cold Storage & Packing Royal International Trade Administration, NFE employees. Failure to maintain the City, WA U.S. Department of Commerce, Room confidentiality of NFE’s Confidential 46. Kershaw Fruit & Cold Storage, Co., 21028, Washington, DC 20230. Information shall be cause for Yakima, WA Information submitted by any person termination of employment 47. L&M Companies, Union Gap, WA is exempt from disclosure under the 6. Change the name of the following 48. Larson Fruit Co., Selah, WA 49. Legacy Fruit Packers LLC, Wapato, WA Freedom of Information Act (5 U.S.C. existing Member: • 50. Manson Growers Cooperative, Manson, 552). However, nonconfidential versions From Columbia Marketing WA of the comments will be made available International, LLC to CMI Orchards, 51. Matson Fruit Company, Selah, WA to the applicant if necessary for LLC 52. McDougall & Sons, Inc., Wenatchee, WA determining whether or not to issue the Northwest Fruit Exporter’s Export 53. Monson Fruit Co. Selah, WA amended Certificate. Comments should Trade Certificate of Review complete 54. Morgan’s of Washington dba Double Diamond Fruit, Quincy, WA refer to this application as ‘‘Export amended membership is listed below: Trade Certificate of Review, application 55. Naumes, Inc., Medford, OR number 84–28A12.’’ 1. Allan Bros., Naches, WA 56. Northern Fruit Company, Inc., 2. AltaFresh L.L.C. dba Chelan Fresh Wenatchee, WA A summary of the current application Marketing, Chelan, WA 57. Olympic Fruit Co., Moxee, WA follows. 3. Apple House Warehouse & Storage, Inc., 58. Oneonta Trading Corp., Wenatchee, WA

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59. Orchard View Farms, Inc., The Dalles, OR Commerce’s (Department) remand T comparison method, applied to all of 60. Pacific Coast Cherry Packers, LLC, redetermination pertaining to the final BTIC’s export sales.3 In Beijing Tianhai Yakima, WA determination in the less than fair value I,4 the CIT held that the Department’s 61. Peshastin Hi-Up Growers, Peshastin, WA (LTFV) investigation of high pressure explanation of its ‘‘meaningful 62. Phillippi Fruit Company, Inc., Wenatchee, WA steel cylinders from the People’s difference’’ analysis in the Final 63. Piepel Premium Fruit Packing LLC, East Republic of China (PRC). Because of the Determination was insufficient to satisfy Wenatchee, WA CIT’s final decision, we are notifying the the explanation requirement under 64. Polehn Farm’s Inc., The Dalles, OR public that this court decision is not in section 777A(d)(1)(B)(ii) of the Act, and 65. Price Cold Storage & Packing Co., Inc., harmony with the Department’s final also found that ‘‘the explanation ignores Yakima, WA determination in the LTFV the potential use of the {transaction-to- 66. Pride Packing Company, Wapato, WA investigation, and we are also amending transaction} methodology entirely.’’ 5 67. Quincy Fresh Fruit Co., Quincy, WA our final determination, revoking this With respect to BTIC’s challenge to the 68. Rainier Fruit Company, Selah, WA antidumping duty order, in part, and Department’s application of the A-to-T 69. Roche Fruit, Ltd., Yakima, WA 70. Sage Fruit Company, L.L.C., Yakima, WA discontinuing the fifth administrative methodology to all of BTIC’s export 71. Smith & Nelson, Inc., Tonasket, WA review. sales as being inconsistent with 19 CFR 72. Stadelman Fruit, L.L.C., Milton- DATES: Applicable August 27, 2017. 351.414(f), a regulation BTIC alleged Freewater, OR, and Zillah, WA had been inappropriately withdrawn, FOR FURTHER INFORMATION CONTACT: 73. Stemilt Growers, LLC, Wenatchee, WA the CIT also held that ‘‘even if the Annathea Cook, AD/CVD Operations 74. Strand Apples, Inc., Cowiche, WA Department’s withdrawal of 19 CFR Office V, Enforcement and Compliance, 75. Symms Fruit Ranch, Inc., Caldwell, ID 351.414(f) (2007) was in violation of the International Trade Administration, 76. The Dalles Fruit Company, LLC, APA’s {(Administrative Procedure Act)} U.S. Department of Commerce, 1401 Dallesport, WA notice and comment requirement, that 77. Underwood Fruit & Warehouse Co., Constitution Avenue NW., Washington, error was harmless as it relates to the Bingen, WA DC 20230; telephone: (202) 482–0250. plaintiff in this case,’’ and also that ‘‘the 78. Valicoff Fruit Co., Inc., Wapato, WA SUPPLEMENTARY INFORMATION: 79. Valley Fruit III L.L.C., Wapato, WA Department need not adhere to the 80. Washington Cherry Growers, Peshastin, Background requirements of 19 CFR 351.414(f) WA (2007).’’ 6 The Court deferred resolution 81. Washington Fruit & Produce Co., Yakima, As noted above, on August 17, 2017, of several other issues pertaining to the WA the CIT sustained the Department’s Department’s targeted dumping analysis 82. Western Sweet Cherry Group, LLC, Third Remand Redetermination and application of the A-to-T Yakima, WA pertaining to the final determination in comparison method when determining 83. Western Traders LLC, E. Wenatchee, WA the less than fair value (LTFV) BTIC’s estimated weighted-average 84. Whitby Farms, Inc. dba: Farm Boy Fruit investigation of high pressure steel dumping margin in Beijing Tianhai I.7 Snacks LLC, Mesa, WA cylinders from the People’s Republic of Following the Department’s First 85. Yakima Fresh, Yakima, WA China (PRC).1 In the underlying LTFV Remand Redetermination,8 the CIT in 86. Yakima Fruit & Cold Storage Co., Yakima, investigation, the Department found WA Beijing Tianhai II sustained the 87. Zirkle Fruit Company, Selah, WA that, pursuant to section 777A(d)(1)(B) Department’s Final Determination as to of the Tariff Act of 1930, as amended the other issues that BTIC challenged, Dated: October 2, 2017. (Act), ‘‘there was a pattern of prices that for which the CIT had deferred Joseph E. Flynn, differ significantly by time period’’ for consideration in Beijing Tianhai I.9 Director, Office of Trade and Economic respondent Beijing Tianhai Industry However, with regard to the Analysis, International Trade Administration. Co., Ltd. (BTIC), and that ‘‘application Department’s ‘‘meaningful difference’’ [FR Doc. 2017–21557 Filed 10–5–17; 8:45 am] of the standard A-to-A {(average-to- analysis and the further analysis the BILLING CODE 3510–DR–P average)} methodology would result in Department provided in the First the masking of dumping that is Remand Redetermination on that issue, unmasked by application of the the CIT held that ‘‘the Department has DEPARTMENT OF COMMERCE alternative A-to-T {(average-to- chosen a narrative rather than an transaction)} methodology when International Trade Administration explanation,’’ and ‘‘failed to satisfy the calculating BTIC’s weighted-average requirements of the statute.’’ 10 The [A–570–977] dumping margin.’’ 2 In the Final Court again remanded that issue to the Determination, the Department Department.11 High Pressure Steel Cylinders From calculated BTIC’s estimated weighted- the People’s Republic of China: Notice average dumping margin using the A-to- of Court Decision Not in Harmony With 3 Id. at 24–26. 4 See Beijing Tianhai Indus. Co. v. United States, Final Determination in Less Than Fair 1 See Beijing Tianhai Indus. Co. v. United States, 7 F. Supp. 3d 1318 (CIT 2014) (Beijing Tianhai I). Value Investigation, Notice of Slip Op. 17–105 (CIT August 17, 2017) (Beijing 5 See Beijing Tianhai I, 7 F. Supp. 3d at 1331– Amended Final Determination Tianhai IV); see also Final Results of 32. Redetermination Pursuant to Court Remand, High 6 Id. at 1332–37. Pursuant to Court Decision, Notice of Pressure Steel Cylinders from the People’s Republic 7 Revocation of Antidumping Duty Order of China, Beijing Tianhai Indus. Co., Ltd. v. United Id. at 1337. in Part, and Discontinuation of Fifth States, Court No. 12–00203, Slip Op. 17–79 (CIT 8 See Final Results of Redetermination Pursuant Antidumping Duty Administrative July 5, 2017), dated August 3, 2017 (Third Remand to Court Remand, High Pressure Steel Cylinders Redetermination); High Pressure Steel Cylinders from the People’s Republic of China, Beijing Review from the People’s Republic of China: Final Tianhai Indus. Co., Ltd. v. United States, Court No. Determination of Sales at Less than Fair Value, 77 12–00203, Slip Op. 14–104 (CIT September 9, AGENCY: Enforcement and Compliance, FR 26739 (May 7, 2012) (Final Determination), and 2014), dated January 7, 2015 (First Remand International Trade Administration, accompanying Issues and Decision Memorandum; Redetermination). Department of Commerce. and High Pressure Steel Cylinders from the People’s 9 See Beijing Tianhai Indus. Co. v. United States, Republic of China: Antidumping Duty Order, 77 FR 106 F. Supp. 3d 1342, 1352–56 (CIT 2015) (Beijing SUMMARY: On August 17, 2017, the Court 37377 (June 21, 2012) (Order). Tianhai II) of International Trade (CIT or Court) 2 See Final Determination, and accompanying 10 Id. at 1351. sustained the Department of Issues and Decision Memorandum at 23–24. 11 Id.

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The Department filed its Second {section 777A(d)(1)(B)(ii) of the Act} methodologies.20 Consequently, in the Remand Redetermination with the Court may be satisfied by applying a Third Remand Redetermination, we on February 8, 2016,12 in which the ‘meaningful difference’ analysis that explained that ‘‘the A-to-A method can Department provided further relies on 100 percent of BTIC’s U.S. account for BTIC’s prices which differ explanation as to its ‘‘meaningful sales; and (2) should it continue to significantly’’ and ‘‘determined that difference’’ analysis under section determine that using the {A-to-T} BTIC’s weighted-average dumping 777A(d)(1)(B)(ii) of the Act. However, method is appropriate, the scope of margin is now zero.’’ 21 The Department while the Department’s Second Remand BTIC’s U.S. sales to which the {A-to-T} also explained that ‘‘as no other aspect Redetermination was pending before the method applies, and revise its dumping of our Final Determination is being CIT, the Court of Appeals for the margin calculations as may be challenged, we have not made changes 16 Federal Circuit (Federal Circuit) held appropriate.’’ to the margins for any other entity.’’ 22 that the Department’s 2008 withdrawal In accordance with the Court’s The CIT sustained the Third Remand of the Limiting Regulation did not instructions in Beijing Tianhai III and in Redetermination in Beijing Tianhai IV light of the CIT’s holding that the 23 comply with the notice-and-comment on August 17, 2017. Limiting Regulation applied in this provision of the Administrative investigation, the Department issued the Timken Notice Procedure Act, and that not following Third Remand Redetermination, which this provision could not be excused as In its decision in Timken,24 as 13 it filed with the CIT on August 4, 2017. 25 harmless error. BTIC subsequently In the Third Remand Redetermination, clarified in Diamond Sawblades, the moved in the Beijing Tianhai CIT we reconsidered our meaningful Federal Circuit held that, pursuant to proceeding for the CIT to reconsider its difference analysis under section section 516A(e) of the Act, the prior holding in Beijing Tianhai I on the 777A(d)(1)(B)(ii) of the Act, as that Department must publish a notice of a status of the withdrawn regulation in analysis was explained in the Second court decision that is not ‘‘in harmony’’ this case. In Beijing Tianhai III, based on Remand Redetermination.17 As part of with a Department determination and Mid Continent Nail, the CIT held that reconsidering our meaningful difference must suspend liquidation of entries the Limiting Regulation (i.e., 19 CFR analysis, we recalculated BTIC’s A-to-T pending a ‘‘conclusive’’ court decision. 351.414(f)(2) (2007)) was in effect at the margin in a manner consistent with the The CIT’s August 17, 2017, final time the Department issued the final Limiting Regulation by applying the A- judgment sustaining the Third Remand determination in the original to-T comparison methodology only to Redetermination constitutes a final investigation.14 The Limiting Regulation BTIC’s targeted sales (and applying the decision of the CIT that is not in provided, in pertinent part: ‘‘Where the A-to-A methodology to all other harmony with the Department’s Final criteria for identifying targeted dumping transactions), which resulted in a Determination. This notice is published . . . are satisfied, the {Department} calculated margin of zero.18 BTIC’s in fulfillment of the publication normally will limit the application of calculated margin using the A-to-A requirements in Timken. { } the average-to-transaction (A-to-T) methodology for all transactions was Amended Final Determination method to those sales that constitute also zero.19 In applying section targeted dumping under {19 CFR 777A(d)(1)(B)(ii) of the Act, we found Because there is now a final court 351.414(f)(1)(i)}.’’ 15 On remand, the that there was no meaningful difference decision, the Department is amending Department was ordered by the CIT to in BTIC’s antidumping margins using the Final Determination with respect to ‘‘reconsider: (1) Its determination that the two aforementioned comparison BTIC:

Estimated weighted-average Exporter Producer dumping margin (percent)

Beijing Tianhai Industry Co., Ltd ...... Beijing Tianhai Industry Co., Ltd ...... 0.00 Beijing Tianhai Industry Co., Ltd ...... Tianjin Tianhai High Pressure Container Co., Ltd ...... 0.00 Beijing Tianhai Industry Co., Ltd ...... Langfang Tianhai High Pressure Container Co., Ltd ...... 0.00

Partial Exclusion From Antidumping that is de minimis as defined in section any bond or other security, and refund Duty Order and Discontinuation of 733(b)(3) of the Act.’’ 26 Furthermore, any cash deposit.’’ 27 As a result of this Fifth Antidumping Duty Administrative and pursuant to section 735(c)(2) of the amended final determination, in which Review Act, ‘‘the investigation shall be the Department has calculated an terminated upon publication of that estimated weighted-average dumping Pursuant to section 735(a)(4) of the negative determination’’ and the margin of 0.00 percent for BTIC, the Act, the Department ‘‘shall disregard Department shall ‘‘terminate the Department is hereby excluding any weighted average dumping margin suspension of liquidation’’ and ‘‘release merchandise from the above three

12 Final Results of Redetermination Pursuant to 15 See Antidumping Duties; Countervailing 23 See Beijing Tianhai IV at 2. Court Remand, High Pressure Steel Cylinders from Duties, 62 FR 27296, 27416 (1997). 24 See Timken Co. v. United States, 893 F.2d 337, the People’s Republic of China, Beijing Tianhai 16 See Beijing Tianhai III at 17–18. 341 (Fed. Cir. 1990) (Timken). Indus. Co., Ltd. v. United States, Court No. 12– 17 See Third Remand Redetermination at 6 & n. 25 See Diamond Sawblades Mfrs. Coalition v. 00203, Slip Op. 15–114 (CIT October 14, 2015), 28. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). dated February 8, 2016 (Second Remand 18 Id. at 6–8. 26 Section 733(b)(3) of the Act defines de minimis Redetermination). 19 Id. at 7. 13 See Mid Continent Nail Corp. v. United States, dumping margin as ‘‘less than 2 percent ad valorem 20 Id. or the equivalent specific rate for the subject 846 F.3d 1364 (Fed. Cir. 2017) (Mid Continent Nail). 21 Id. at 7–8. merchandise.’’ 14 See Beijing Tianhai III at 17–18. 22 Id. at 7. 27 See sections 735(c)(2)(A) and (B) of the Act.

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producer/exporter chains from the withdrawn from warehouse, for Canadian Solar Manufacturing antidumping duty Order: 28 consumption during the period (Changshu) Inc. and its cross-owned Accordingly, the Department will direct December 16, 2011, through May 31, affiliates (collectively, Canadian Solar) U.S. Customs and Border Protection 2016. These entries will remain timely alleged that the Department (CBP) to release any bonds or other enjoined pursuant to the terms of the made two ministerial errors in the Final security and refund cash deposits injunction during the pendency of any Results.2 No other parties submitted pertaining to any suspended entries appeals process. ministerial error allegations or from the three aforementioned This notice is issued and published in comments on Canadian Solar’s producer-exporter combinations. This accordance with sections 516A(c)(1) and allegations. exclusion does not apply beyond the (e) of the Act. Scope of the Order three producer-exporter combinations Dated: September 29, 2017. referenced above. The merchandise covered by this We note, however, that pursuant to Carole Showers, order is crystalline silicon photovoltaic Timken the suspension of liquidation Executive Director, Office of Policy cells, and modules, laminates, and must continue during the pendency of performing the non-exclusive functions and panels, consisting of crystalline silicon duties of the Assistant Secretary for photovoltaic cells, whether or not the appeals process. Thus, we will Enforcement and Compliance. instruct CBP to suspend liquidation of partially or fully assembled into other [FR Doc. 2017–21582 Filed 10–5–17; 8:45 am] all unliquidated entries from the three products, including, but not limited to, aforementioned producer-exporter BILLING CODE 3510–DS–P modules, laminates, panels and building combinations at a cash deposit rate of integrated materials. The merchandise covered by this order is currently 0.00 percent which are entered, or DEPARTMENT OF COMMERCE withdrawn from warehouse, for classified in the Harmonized Tariff consumption after August 27, 2017, International Trade Administration Schedule of the United States (HTSUS) which is ten days after the CIT’s final under subheadings 8501.61.0000, decision, in accordance with section [C–570–980] 8507.20.80, 8541.40.6020, 8541.40.6030, 29 and 8501.31.8000. While these HTSUS 516A of the Act. If the CIT’s ruling is Crystalline Silicon Photovoltaic Cells, not appealed, or if appealed and upheld, subheadings are provided for Whether or Not Assembled Into convenience and customs purposes, our the Department will instruct CBP to Modules, From the People’s Republic terminate the suspension of liquidation written description of the scope, which of China: Amended Final Results of is contained in the Decision and to liquidate entries subject to the Countervailing Duty Administrative three producer-exporter combination Memorandum accompanying the Final Review; 2014 3 rates stated above without regard to Results, is dispositive. antidumping duties. As a result of the AGENCY: Enforcement and Compliance, Ministerial Errors exclusion, the Department is International Trade Administration, Section 751(h) of the Act and 19 CFR discontinuing the ongoing fifth Department of Commerce. 351.224(f) define a ‘‘ministerial error’’ as administrative review covering the SUMMARY: The Department of Commerce an error ‘‘in addition, subtraction, or period June 1, 2016, through May 31, (the Department) is amending the final other arithmetic function, clerical error 2017, which only pertains to BTIC’s results of the countervailing duty 30 resulting from inaccurate copying, entries during that period of review, administrative review of crystalline duplication, or the like, and any other and the Department will not initiate any silicon photovoltaic cells, whether or similar type of unintentional error new administrative reviews of BTIC’s not assembled into modules (solar which the Secretary considers entries pursuant to the antidumping cells), from the People’s Republic of 31 ministerial.’’ As discussed in the Order. China (PRC) to correct ministerial Department’s Ministerial Error Lastly, we note that, at this time, the errors. The period of review (POR) is Memorandum, the Department finds Department remains enjoined by Court January 1, 2014, through December 31, that the errors alleged by Canadian Solar order from liquidating entries that were 2014. constitute ministerial errors within the exported by BTIC, and were entered, or DATES: Applicable October 6, 2017. meaning of 19 CFR 351.224(f).4 Specifically, we made ministerial errors 28 See Third Remand Redetermination at 8. There FOR FURTHER INFORMATION CONTACT: continues to be a countervailing duty order Gene H. Calvert, AD/CVD Operations, with regard to calculating the benefit covering BTIC’s entries. This countervailing duty Office VII, Enforcement and Canadian Solar received from the order is unaffected by this Timken notice and notice Compliance, International Trade of amended final determination. See High Pressure Administration, U.S. Department of People’s Republic of China: Final Results of Cylinders from the People’s Republic of China: Countervailing Duty Administrative Review, and Countervailing Duty Order, 77 FR 37384 (June 21, Commerce, 1401 Constitution Avenue Partial Rescission of Countervailing Duty 2012). NW., Washington, DC 20230; telephone: Administrative Review; 2014, 82 FR 32678 (July 17, 29 See Drill Pipe from the People’s Republic of 202–482–3586. 2017) (Final Results) and accompanying Issues and China: Notice of Court Decision Not in Harmony Decision Memorandum (Decision Memorandum). with International Trade Commission’s Injury SUPPLEMENTARY INFORMATION: 2 See Canadian Solar Letter, ‘‘Crystalline Silicon Determination, Revocation of Antidumping and Photovoltaic Cells, Whether or Not Assembled into Countervailing Duty Orders Pursuant to Court Background Modules from the People’s Republic of China: Decision, and Discontinuation of Countervailing In accordance with section 751(a)(1) Ministerial Error Comments,’’ dated July 28, 2017 Duty Administrative Review, 79 FR 78037, 78038 of the Tariff Act of 1930, as amended (Canadian Solar Ministerial Comments). (December 29, 2014) (Drill Pipe). 3 See the Decision Memorandum for a full 30 See Initiation of Antidumping and (the Act), and 19 CFR 351.221(b)(5), on description of the scope of the order. Countervailing Duty Administrative Reviews, 82 FR July 17, 2017, the Department published 4 See Memorandum, ‘‘Administrative Review of 35749 (August 1, 2017). its final results in the countervailing the Countervailing Duty Order on Crystalline 31 See Drill Pipe, 79 FR at 78038; see also Certain duty administrative review of solar cells Silicon Photovoltaic Cells, Whether or Not Steel Nails from the United Arab Emirates: Notice 1 Assembled Into Modules, from the People’s of Court Decision Not in Harmony with the Final from the PRC. On July 28, 2017, Republic of China: Ministerial Error Comments Determination and Amended Final Determination Regarding the Final Results,’’ dated concurrently of the Less Than Fair Value Investigation, 80 FR 1 See Crystalline Silicon Photovoltaic Cells, with and hereby adopted by this notice (Ministerial 77316 (December 14, 2015). Whether or Not Assembled Into Modules, from the Error Memorandum).

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‘‘Preferential Policy Lending Program,’’ Subsidy rate continues to government business and in calculating the inland freight Company (percent ad proprietary information in this segment values when constructing Canadian valorem) of the proceeding. Timely written Solar’s benchmark for programs notification of the return/destruction of Ningbo Qixin Solar Electrical regarding the provision of inputs for less APO materials, or conversion to judicial 5 Appliance Co., Ltd ...... 17.49 than adequate remuneration. Shanghai BYD Co., Ltd ...... 17.49 protective order, is hereby requested. In accordance with section 751(h) of Shenzhen Topray Solar Co. Failure to comply with the regulations the Act and 19 CFR 351.224(e), we are Ltd ...... 17.49 and the terms of an APO is a amending the Final Results.6 Systemes Versilis, Inc ...... 17.49 sanctionable violation. Specifically, we are amending the net Taizhou BD Trade Co., Ltd .. 17.49 subsidy rates for Canadian Solar and for tenKsolar (Shanghai) Co., Disclosure the 17 companies for which a review Ltd ...... 17.49 We intend to disclose the calculations was requested that were not selected as Toenergy Technology performed for these amended final mandatory company respondents (i.e., Hangzhou Co., Ltd ...... 17.49 results to interested parties within five the non-selected companies).7 The Wuxi Suntech Power Co., Ltd ...... 17.49 business days of the date of the revised net subsidies rates are provided publication of this notice in accordance below. with 19 CFR 351.224(b). Assessment Rates/Cash Deposits Amended Final Results We are issuing and publishing these Normally, the Department would results in accordance with sections As result of correcting the ministerial issue appropriate assessment 751(h) and 777(i)(1) of the Act, and 19 errors, we determine that that the instructions to U.S. Customs and Border CFR 351.224(e). countervailable subsidy rates for the Protection (CBP) 15 days after the date Dated: October 3, 2017. producers/exporters under review to be of publication of these amended final Gary Taverman, as follows: results of review, to liquidate shipments of subject merchandise produced and/or Deputy Assistant Secretary for Antidumping Subsidy rate and Countervailing Duty Operations Company (percent ad exported by the companies listed above performing the non-exclusive functions and valorem) entered, or withdrawn from warehouse, duties of the Assistant Secretary for for consumption on or after January 1, Enforcement and Compliance. Canadian Solar Manufac- 2014, through December 31, 2014. [FR Doc. 2017–21589 Filed 10–5–17; 8:45 am] turing (Changshu) Inc. and However, on August 3, 8, and 17, 2017, BILLING CODE 3510–DS–P its Cross-Owned Affiliates 8 18.16 and on September 8, 2017, the U.S. Changzhou Trina Solar En- Court of International Trade (CIT) ergy Co., Ltd. and its Cross-Owned Affiliates 9 ... 17.14 preliminarily enjoined liquidation of DEPARTMENT OF COMMERCE BYD (Shangluo) Industrial certain entries that are subject to the Co., Ltd ...... 17.49 Final Results.10 Accordingly, the International Trade Administration Chint Solar (Zhejiang) Co., Department will not instruct CBP to [A–351–809, A–201–805; A–580–809, Ltd ...... 17.49 assess countervailing duties on those A–583–814 and A–583–008] ET Solar Energy Limited ...... 17.49 enjoined entries pending resolution of ET Solar Industry Limited ..... 17.49 the associated litigation. Certain Circular Welded Non-Alloy Hangzhou Sunny Energy The Department intends to instruct Science and Technology Steel Pipe From Brazil, Mexico, the Co., Ltd ...... 17.49 CBP to collect cash deposits of Republic of Korea, and Taiwan and Jiawei Solarchina Co., Ltd .... 17.49 estimated countervailing duties, in the Certain Circular Welded Carbon Steel Jiawei Solarchina amounts shown above for the Pipes and Tubes From Taiwan: Final (Shenzhen) Co., Ltd ...... 17.49 companies listed above, on shipments of Results of Expedited Fourth Sunset Lightway Green New Energy subject merchandise entered, or Reviews of the Antidumping Duty Co., Ltd ...... 17.49 withdrawn from warehouse, for Orders Luoyang Suntech Power Co., consumption on or after July 17, 2017, Ltd ...... 17.49 which is the date of publication of the AGENCY: Enforcement and Compliance, Final Results. For all non-reviewed International Trade Administration, 5 See the Ministerial Error Memorandum for a firms, we will instruct CBP to collect Department of Commerce. complete discussion of these alleged errors. 6 See Final Results, 82 FR at 32680. cash deposits at the most-recent DATES: Applicable October 6, 2017. 7 Consistent with the Final Results, for the non- company specific or all-others rate SUMMARY: As a result of these sunset selected companies, we calculated a rate by weight- applicable to the company, as reviews, the Department of Commerce averaging the calculated subsidy rates of the two appropriate. These cash deposit (the Department) finds that revocation mandatory respondents (i.e., Canadian Solar and requirements, when imposed, shall Changzhou Trina Solar Energy Co., Ltd. and its of the antidumping duty orders on cross-owned affiliates) using their publicly-ranged remain in effect until further notice. certain circular welded non-alloy steel sales data for exports of subject merchandise to the Administrative Protective Order pipe from Brazil, Mexico, the Republic United States during the POR. of Korea, and Taiwan and certain 8 See Final Results, 82 FR at 32680. Cross-owned This notice also serves a reminder to circular welded carbon steel pipes and affiliates are: Canadian Solar Inc.; Canadian Solar parties that are subject to administrative Manufacturing (Luoyang) Inc.; CSI Cells Co., Ltd.; tubes from Taiwan would be likely to CSI Solar Power (China) Inc.; CSI Solartronics protective order (APO) of their lead to continuation or recurrence of (Changshu) Co., Ltd.; CSI Solar Technologies Inc.; responsibility concerning the return or dumping. The magnitude of the and CSI Solar Manufacture Inc. destruction of proprietary information 9 Id. Cross-owned affiliates are: Trina Solar dumping margins likely to prevail are disclosed under APO in accordance indicated in the ‘‘Final Results of Sunset Limited; Trina Solar (Changzhou) Science & with 19 CFR 351.305(a)(3), which Technology Co., Ltd.; Yancheng Trina Solar Energy Review’’ section of this notice. Technology Co., Ltd.; Changzhou Trina Solar FOR FURTHER INFORMATION CONTACT: Yabang Energy Co., Ltd.; Hubei Trina Solar Energy 10 The CIT issued the preliminary injunctions in Co., Ltd.; Turpan Trina Solar Energy Co., Ltd.; and case numbers 17–00207, 17–00198, 17–00220, and Jacqueline Arrowsmith, AD/CVD Changzhou Trina PV Ribbon Materials Co., Ltd. 17–00221, respectively. Operations, Office VII, Enforcement and

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Compliance, U.S. Department of 751(c)(3)(B) of the Act and 19 CFR These pipes and tubes are generally Commerce, 1401 Constitution Avenue 351.218(e)(1)(ii)(C)(2). known as standard pipes and tubes and NW., Washington, DC 20230; telephone are intended for the low pressure Scope of the Orders (202) 482–5255. conveyance of water, steam, natural gas, SUPPLEMENTARY INFORMATION: Certain Circular Welded Non-Alloy and other liquids and gases in plumbing Steel Pipe From Brazil and heating systems, air conditioning Background The products covered by these orders units, automatic sprinkler systems, and On May 7, 1984, the Department are circular welded non-alloy steel other related uses, and generally meet published the AD Order on certain pipes and tubes, of circular cross- ASTM A–53 specifications. Standard circular welded carbon steel pipes and section, not more than 406.4 mm (16 pipe may also be used for light load- tubes from Taiwan.1 On November 2, inches) in outside diameter, regardless bearing applications, such as for fence 1992, the Department published the AD of wall thickness, surface finish (black, tubing, and as structural pipe tubing Orders on imports of certain circular galvanized, or painted), or end finish used for framing and support members welded non-alloy steel pipe from Brazil, (plain end, beveled end, threaded, or for reconstruction or load-bearing the Republic of Korea (Korea), Mexico, threaded and coupled). These pipes and purposes in the construction, and Taiwan, and an amendment to the tubes are generally known as standard shipbuilding, trucking, farm equipment, final determination of sales at less than pipes and tubes are intended for the low and related industries. Unfinished fair value for certain circular welded pressure conveyance of water, steam, conduit pipe is also included in these non-alloy steel pipe from Korea.2 On natural gas, and other liquids and gases orders. All carbon steel pipes and tubes July 17, 2012, the Department published in plumbing and heating systems, air within the physical description outlined the notice of continuation of these AD conditioning units, automatic sprinkler above are included within the scope of Orders.3 systems, and other related uses, and this order, except line pipe, oil country On June 2, 2017, the Department generally meet ASTM A–53 tubular goods, boiler tubing, mechanical published the notice of initiation of the specifications. Standard pipe may also tubing, pipe and tube hollows for sunset reviews of the AD Orders on be used for light load-bearing redraws, finished scaffolding, and circular welded non-alloy steel pipe applications, such as for fence tubing, finished conduit. Standard pipe that is from Brazil, Mexico, Korea, and certain and as structural pipe tubing used for dual or triple certified/stenciled that circular welded carbon steel pipes and framing and support members for enters the U.S. as line pipe of a kind tubes from Taiwan.4 The AD Order on reconstruction or load-bearing purposes used for oil or gas pipelines is also not certain circular welded non-alloy steel in the construction, shipbuilding, included in this order. pipe from Taiwan was inadvertently not trucking, farm equipment, and related Certain Circular Welded Non-Alloy included in the initiation notice. On industries. Unfinished conduit pipe is Steel Pipe From Korea June 16, 2017, the Department also included in these orders. All carbon 5 The merchandise subject to this published a correction notice. steel pipes and tubes within the review is circular welded non-alloy On June 30, 2017, the Department physical description outlined above are steel pipe and tube, of circular cross- received complete substantive responses included within the scope of these section, not more than 406.4 mm (16 to the notices of initiation from orders, except line pipe, oil country inches) in outside diameter, regardless domestic interested parties within the tubular goods, boiler tubing, mechanical of wall thickness, surface finish (black, 30-day deadline specified in 19 CFR tubing, pipe and tube hollows for galvanized, or painted), or end finish 351.218(d)(3)(i). The Department redraws, finished scaffolding, and (plain end, beveled end, threaded, or received no substantive responses from finished conduit. Standard pipe that is threaded and coupled). These pipes and respondent interested parties. As a dual or triple certified/stenciled that tubes are generally known as standard result, the Department conducted an enters the U.S. as line pipe of a kind pipes and tubes and are intended for the expedited, i.e., 120-day, sunset review used for oil or gas pipelines is also not low-pressure conveyance of water, of these AD Orders pursuant to section included in these orders. The Issues and steam, natural gas, air, and other liquids Decision Memorandum, which is hereby and gases in plumbing and heating 1 See Certain Circular Welded Carbon Steel Pipes adopted by this notice, provides a full systems, air-conditioning units, and Tubes from Taiwan: Antidumping Order, 49 FR description of the scope of the order.6 19369 (May 7, 1984). automatic sprinkler systems, and other 2 See Notice of Antidumping Duty Orders: Certain Certain Circular Welded Non-Alloy related uses. Standard pipe may also be Circular Non-Alloy Steel Pipe from Brazil, the Steel Pipe From Mexico used for light load-bearing applications, Republic of Korea (Korea), Mexico, and Venezuela such as for fence tubing, and as and Amendment to Final Determination of Sales at The products covered by this order Less Than Fair Value: Certain Circular Welded structural pipe tubing used for framing are circular welded non-alloy steel and as support members for Non-Alloy Steel Pipe from Korea, 57 FR 49453 pipes and tubes, of circular cross- (November 2, 1992) (Orders for Brazil, Korea, reconstruction or load-bearing purposes Mexico, and Venezuela and Amended Final section, not more than 406.4 millimeters in the construction, shipbuilding, Determination of Sales at Less Than Fair Value: (16 inches) in outside diameter, trucking, farm equipment, and other Certain Circular Welded Non-Alloy Steel Pipe from regardless of wall thickness, surface related industries. Unfinished conduit Korea). finish (black, galvanized, or painted), or 3 See Certain Circular Welded Carbon Steel Pipes pipe is also included in this order. All and Tubes from India, Thailand, and Turkey; end finish (plain end, beveled end, carbon-steel pipes and tubes within the Certain Circular Welded Non-Alloy Steel Pipe from threaded, or threaded and coupled). physical description outlined above are Brazil, Mexico, the Republic of Korea, and Taiwan, included within the scope of this review and Certain Circular Welded Carbon Steel Pipes 6 See Department Memorandum, ‘‘Issues and and Tubes from Taiwan: Continuation of Decision Memorandum: Final Results of Expedited except line pipe, oil-country tubular Antidumping and Countervailing Duty Orders, 77 Fourth Sunset Reviews of the Antidumping Duty goods, boiler tubing, mechanical tubing, FR 41967 (July 17, 2012) (Third Continuation of the Orders on Certain Circular Welded Non-Alloy Steel pipe and tube hollows for redraws, AD and CVD Orders). Pipe from Brazil, Mexico, the Republic of Korea, finished scaffolding, and finished 4 See Initiation of Five-Year (‘‘Sunset’’) Reviews, and Taiwan and Certain Circular Welded Carbon 82 FR 25599 (June 2, 2017). Steel Pipes and Tubes from Taiwan,’’ dated conduit. In accordance with the 5 See Initiation of Five-Year (‘‘Sunset’’) Review; concurrently with this Federal Register notice Department’s Final Negative Correction, 82 FR 27690 (June 16, 2017). (Issues and Decision Memorandum). Determination of Scope Inquiry on

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Certain Circular Welded Non-Alloy Certain Circular Welded Carbon Steel likely to lead to continuation or Steel Pipe and Tube from Brazil, the Pipes and Tubes From Taiwan recurrence of dumping. We determine Republic of Korea, Mexico, and The merchandise covered by this that the weighted average dumping Venezuela (61 FR 11608, March 21, order is certain circular welded carbon margin likely to prevail is up to the 1996), pipe certified to the API 5L line- steel pipes and tubes from Taiwan, following percentage: pipe specification and pipe certified to which are defined as: Welded carbon both the API 5L line-pipe specifications Weighted- steel pipes and tubes, of circular cross average and the less-stringent ASTM A–53 section, with walls not thinner than Country margin standard-pipe specifications, which falls 0.065 inch, and 0.375 inch or more but (percent) within the physical parameters as not over 4.5 inches in outside diameter. outlined above, and entered as line pipe The Issues and Decision Memorandum Taiwan ...... 8.91 of a kind used for oil and gas pipelines provides a full description of the scope is outside of the scope of the of the order. Notification to Interested Parties antidumping duty order. Analysis of Comments Received This notice serves as the only reminder to parties subject to the Certain Circular Welded Non-Alloy All issues raised in these reviews are administrative protective order (APO) of Steel Pipe From Taiwan addressed in the Issues and Decision their responsibility concerning the Memorandum, including the likelihood The products covered by this order disposition of proprietary information of continuation or recurrence of are (1) circular welded non-alloy steel disclosed under APO in accordance dumping in the event of revocation, and pipes and tubes, of circular cross section with 19 CFR 351.305(a). Timely written the magnitude of dumping margins over 114.3 millimeters (4.5 inches), but notification of the destruction of APO likely to prevail if the orders were not over 406.4 millimeters (16 inches) in revoked. Parties can find a complete materials or conversion to judicial outside diameter, with a wall thickness discussion of all issues raised in this protective order is hereby requested. of 1.65 millimeters (0.065 inches) or review and the corresponding Failure to comply with the regulations more, regardless of surface finish (black, recommendations in the Issues and and terms of an APO is a violation galvanized, or painted), or end-finish Decision Memorandum, which is on file which is subject to sanction. (plain end, beveled end, threaded, or electronically via Enforcement and We are issuing and publishing these threaded and coupled); and (2) circular Compliance’s Antidumping and results and notice in accordance with welded non-alloy steel pipes and tubes, Countervailing Duty Centralized sections 751(c), 752(c), and 777(i)(1) of of circular cross-section less than 406.4 Electronic Service System (ACCESS). the Act. millimeters (16 inches), with a wall ACCESS is available to registered users Dated: October 2, 2017. thickness of less than 1.65 millimeters at http://access.trade.gov and is Gary Taverman, (0.065 inches), regardless of surface available to all parties in the Central Deputy Assistant Secretary for Antidumping finish (black, galvanized, or painted) or Records Unit in Room B8024 of the and Countervailing Duty Operations, end-finish (plain end, beveled end, main Commerce building. In addition, a Performing the Non-exclusive Functions and threaded, or threaded and coupled). complete version of the Issues and Duties of the Assistant Secretary for These pipes and tubes are generally Decision Memorandum can be accessed Enforcement and Compliance. known as standard pipes and tubes and directly on the Internet at http:// [FR Doc. 2017–21581 Filed 10–5–17; 8:45 am] are intended for the low pressure trade.gov/enforcement/. The signed and BILLING CODE 3510–DS–P conveyance of water, steam, natural gas, electronic versions of the Decision air, and other liquids and gases in Memorandum are identical in content. plumbing and heating systems, air DEPARTMENT OF COMMERCE conditioning units, automatic sprinkling Final Results of Sunset Review systems, and other related uses, and Pursuant to sections 752(c)(1) and (3) International Trade Administration generally meet ASTM A–53 of the Act, we determine that revocation specifications. Standard pipe may also of the antidumping duty orders on [A–475–828, A–557–809, A–565–801] certain circular welded non-alloy steel be used for light load-bearing Certain Stainless Steel Butt-Weld Pipe pipe from Brazil, Mexico, Korea, and applications, such as for fence-tubing Fittings From Italy, Malaysia, and the Taiwan would be likely to lead to and as structural pipe tubing used for Philippines: Final Results of the continuation or recurrence of dumping. framing and support members for Expedited Sunset Review of the We determine that the weighted-average construction, or load-bearing purposes Antidumping Duty Orders in the construction, shipbuilding, dumping margins likely to prevail are trucking, farm-equipment, and related up to the following percentages: AGENCY: Enforcement and Compliance, industries. Unfinished conduit pipe is International Trade Administration, also included in this order. Weighted- Department of Commerce. average All carbon steel pipes and tubes Country margin DATES: Applicable October 6, 2017. within the physical description outlined (percent) SUMMARY: As a result of this sunset above are included within the scope of review, the Department of Commerce Brazil ...... 103.38 this order, except line pipe, oil country Mexico ...... 7.32 (the Department) finds that revocation tubular goods, boiler tubing, mechanical Korea ...... 1.20 of the antidumping duty orders on tubing, pipe and tube hollows for Taiwan ...... 27.65 stainless steel butt-weld pipe fittings redraws, finished scaffolding, and (butt-weld fittings) from Italy, Malaysia, finished conduit. Standard pipe that is Pursuant to sections 752(c)(1) and (3) and the Philippines would be likely to dual or triple certified/stenciled that of the Act, we determine that revocation lead to continuation or recurrence of enters the U.S. as line pipe of a kind or of the antidumping duty order on dumping at the rates identified in the used for oil and gas pipelines is also not certain circular welded carbon steel ‘‘Final Results of Review’’ section of this included in this investigation. pipes and tubes from Taiwan would be notice.

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FOR FURTHER INFORMATION CONTACT: Analysis of Comments Received Dated: October 2, 2017. Madeline Heeren, AD/CVD Operations, Gary Taverman, Office VI, Enforcement and Compliance, The issues discussed in the Decision Deputy Assistant Secretary for Antidumping U.S. Department of Commerce, 1401 Memorandum are: (1) The likelihood of and Countervailing Duty Operations, Constitution Avenue NW., Washington, continuation or recurrence of dumping, performing the non-exclusive functions and DC 20230; telephone (202) 482–9179. and (2) the magnitude of the margins of duties of the Assistant Secretary for SUPPLEMENTARY INFORMATION: dumping likely to prevail if these orders Enforcement and Compliance. were revoked.4 Parties can find a [FR Doc. 2017–21590 Filed 10–5–17; 8:45 am] Background complete discussion of all issues raised BILLING CODE 3510–DS–P The Department published the in this review, and the corresponding antidumping duty orders on butt-weld recommendations, in the Decision fittings from Italy, Malaysia, and the Memorandum, which is on file DEPARTMENT OF COMMERCE Philippines on February 23, 2001.1 On electronically via Enforcement and International Trade Administration June 2, 2017, pursuant to section 751(c) Compliance’s Antidumping and of the Tariff Act of 1930, as amended Countervailing Duty Centralized [A–533–843] (the Act), the Department initiated Electronic Service System (ACCESS). sunset reviews of the antidumping duty Certain Lined Paper Products From ACCESS is available to registered users orders on butt-weld fittings from Italy, India: Preliminary Results of at http://access.trade.gov and is Malaysia, and the Philippines.2 On June Antidumping Duty Administrative 16, 2017, the Department received a available to all parties in the Central Review and Preliminary Determination notice of intent to participate from Core Records Unit in room B8024 of the main of No Shipments; 2015–2016 Pipe Products, Inc.; Shaw Alloy Piping Commerce building. In addition, a AGENCY: Products, Inc.; and Taylor Forge complete version of the Decision Enforcement and Compliance, Stainless, Inc. (collectively, the Memorandum can be accessed directly International Trade Administration, Domestic Interested Parties), within the on the Internet at http://trade.gov/ Department of Commerce. deadline specified in 19 CFR enforcement/. The signed Decision SUMMARY: In response to requests from 351.218(d)(1)(i). The Domestic Memorandum and electronic versions of interested parties, the Department of Interested Parties are manufacturers of a the Decision Memorandum are identical Commerce (the Department) is domestic like product in the United in content. conducting an administrative review of States and, accordingly, are domestic the antidumping duty order on certain interested parties pursuant to section Final Results of Review lined paper products (CLPP) from India, 771(9)(C) of the Act. covering the period September 1, 2015, Pursuant to sections 751(c)(1) and through August 31, 2016. This review On June 30, 2017, the Department 752(c)(1) and (3) of the Act, the received an adequate substantive covers two mandatory respondents, Department determines that revocation response to the notice of initiation from Navneet Education Ltd. (Navneet) and of the antidumping duty orders of butt- Domestic Interested Parties within the SAB International (SAB) and five non- weld pipe fittings from Italy, Malaysia, 30-day deadline specified in 19 CFR selected companies. We preliminarily 351.218(d)(3)(i). The Department did and the Philippines would likely to lead find that Navneet and SAB did not sell not receive any timely filed responses to a continuation or recurrence of subject merchandise at less than normal from the respondent interested parties, dumping and that the magnitude of the value (NV) during the period of review i.e., butt-weld fitting producers and dumping margins likely to prevail (POR). Interested parties are invited to exporters from Italy, Malaysia, and the would be 26.59 percent for Italy, 7.51 comment on these preliminary results. Philippines. On the basis of the notices percent for Malaysia, and up to 33.81 DATES: Applicable October 6, 2017. of intent to participate and adequate percent for the Philippines. FOR FURTHER INFORMATION CONTACT: substantive responses filed by the Administrative Protective Order Cindy Robinson or Sam Brummitt, AD/ Domestic Interested Parties, and the CVD Operations, Office III, Enforcement inadequate response from any This notice also serves as the only and Compliance, International Trade respondent interested party, the reminder to parties subject to Administration, U.S. Department of Department conducted an expedited administrative protective order (APO) of Commerce, 1401 Constitution Avenue (120-day) sunset review of the order their responsibility concerning the NW., Washington, DC 20230; telephone pursuant to section 751(c)(3)(B) of the return or destruction of proprietary (202) 482–3797 or (202) 482–7851, Act and 19 CFR 351.218(e)(1)(ii)(C)(2). information disclosed under APO in respectively. Scope of the Orders accordance with 19 CFR 351.305. Background The product covered by the Orders is Timely notification of the return of destruction of APO materials or On November 9, 2016, the Department butt-weld fittings from Italy, Malaysia, published a notice of initiation of an conversion to judicial protective order is and the Philippines.3 administrative review of the hereby requested. Failure to comply antidumping order on lined paper from 1 See Antidumping Duty Orders: Stainless Steel with the regulations and terms of an India.1 The Department initiated this Butt-Weld Pipe Fittings from Italy, Malaysia, and APO is a violation which is subject to administrative review covering the the Philippines, 66 FR 11257 (February 23, 2001) sanction. (LTFV Orders). following nine companies: Kokuyo 2 See Initiation of Five-Year (Sunset) Reviews, 82 The Department is issuing and Riddhi Paper Products Pvt. Ltd. FR 25599 (June 2, 2017) (Sunset Initiation). publishing these final results and notice (Kokuyo Riddhi), Lodha Offset Limited 3 For a full description of the scope of the orders, in accordance with sections 751(c), (Lodha), Magic International Pvt. Ltd. See Memorandum, ‘‘Issues and Decision Memorandum for the Expedited Sunset Review of 752(c), and 777(i)(1) of the Act and 19 (Magic), Marisa International (Marisa), the Antidumping Duty Orders on Stainless Steel CFR 351.218. Butt-Weld Pipe Fittings from Italy, Malaysia, and 1 See Initiation of Antidumping and the Philippines,’’ dated concurrently with this Countervailing Duty Administrative Reviews, 81 FR notice (Decision Memorandum). 4 Id. 78778 (November 9, 2016) (Initiation Notice).

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Navneet, Pioneer Stationery Pvt Ltd. that it had any information to contradict Calculation of Normal Value Based on (Pioneer), SAB, SGM Paper Products, Lodha’s and Marisa’s claims of no Constructed Value (CV) and Super Impex. shipments during the POR. SAB reported that it made no sales in On May 15, 2017, the Department Given that Lodha and Marisa certified the home market during the POR.8 extended the deadline for the Pursuant to 773(a)(1)(C)(i) of the Act, we preliminary results to October 2, 2017.2 that they made no shipments of subject merchandise to the United States during examined SAB’s third country sales and From July 19, 2017, through July 28, have determined that such sales do not 2017, the Department conducted cost the POR, and there is no information constitute a viable comparison market and sales verifications of SAB.3 calling their claims into question, we preliminarily determine that Lodha and (CM) within the meaning of section 9 Scope of the Order Marisa did not have any reviewable 773(a)(1)(B)(ii)(II) of the Act. Therefore, The merchandise covered by the CLPP transactions during the POR. Consistent for these preliminary results, we relied Order 4 is certain lined paper products. with the Department’s practice, we will on CV as the basis for calculating NV, The merchandise subject to this order is not rescind the review with respect to in accordance with sections 773(a)(4) and (e) of the Act.10 currently classified under the following Lodha and Marisa but, rather, will Harmonized Tariff Schedule of the complete the review and issue Preliminary Results of the Review United States (HTSUS) subheadings: instructions to CBP based on the final As a result of this review, we 4811.90.9035, 4811.90.9080, results.7 4820.30.0040, 4810.22.5044, preliminarily calculated a dumping 4811.90.9050, 4811.90.9090, Methodology margin of zero percent for both Navneet 4820.10.2010, 4820.10.2020, and SAB. We are applying to the non- 4820.10.2030, 4820.10.2040, The Department is conducting this selected companies the rates calculated 4820.10.2050, 4820.10.2060, and review in accordance with section for the mandatory respondents in these 751(a)(2) of the Tariff Act of 1930, as preliminary results, as referenced 4820.10.4000. Although the HTSUS 11 numbers are provided for convenience amended (the Act). Constructed export below. and customs purposes, the written price or export price is calculated in Weighted- product description remains accordance with section 772 of the Act. average dispositive.5 Normal value is calculated in Producer/exporter dumping accordance with section 773 of the Act. margin Preliminary Determination of No (percent) Shipments For a full description of the methodology underlying our Lodha and Marisa reported that they Navneet Education Ltd ...... 0.00 preliminary results, see the Preliminary SAB International ...... 0.00 made no shipments of subject Decision Memorandum. The Kokuyo Riddhi Paper Products merchandise to the United States during Preliminary Decision Memorandum is a Pvt. Ltd ...... 0.00 the POR. To confirm Lodha’s and public document and is on file Magic International Pvt. Ltd ...... 0.00 Marisa’s no shipment claims, the electronically via Enforcement and Pioneer Stationery Pvt Ltd ...... 0.00 Department issued a no-shipment SGM Paper Products ...... 0.00 inquiry to U.S. Customs and Border Compliance’s Antidumping and Super Impex ...... 0.00 Protection (CBP) requesting that it Countervailing Duty Centralized review Lodha’s and Marisa’s no- Electronic Service System (ACCESS). Assessment Rate shipment claims.6 CBP did not report ACCESS is available to registered users at https://access.trade.gov and is Upon issuance of the final results, the Department shall determine, and CBP 2 See Memorandum, ‘‘Certain Lined Paper available to all parties in the Central shall assess, antidumping duties on all Products from India: Extension of Time Limit for Records Unit, Room B8024 of the main Preliminary Results of Antidumping Duty appropriate entries covered by this Department of Commerce building. In Administrative Review; 2015–2016,’’ dated May 15, review. If the weighted-average 2017. addition, a complete version of the dumping margin for Navneet or SAB is 3 See Memorandum, ‘‘2015–2016 Antidumping Preliminary Decision Memorandum can not zero or de minimis (i.e., less than 0.5 Duty Administrative Review of Certain Lined Paper be accessed directly on the internet at Products from India: Verification of Sales percent), we will calculate importer- Questionnaire Responses of SAB International’’ http://enforcement.trade.gov/frn/ specific ad valorem antidumping duty dated September 29, 2017 (SAB Sales Verification index.html. The signed Preliminary Report); see also Memorandum, ‘‘2015–2016 assessment rates based on the ratio of Antidumping Administrative Review of Certain Decision Memorandum and the the total amount of dumping calculated Lined Paper Products from India: Verification of electronic version of the Preliminary for the importer’s examined sales to the Cost Questionnaire Responses of SAB Decision Memorandum are identical in total entered value of those same sales International’’ dated September 29, 2017 (SAB Cost Verification Report). content. in accordance with 19 CFR 4 See Notice of Amended Final Determination of 351.212(b)(1).12 We will instruct CBP to Sales at Less Than Fair Value: Certain Lined Paper Products from the People’s Republic of China; Exported by Lodha Offset and Marisa International 8 See SAB’s February 14, 2017 Section A Notice of Antidumping Duty Orders: Certain Lined Questionnaire Response (SAB February 14, 2017 Paper Products from India, Indonesia and the (A–533–843), message number 6365302 (December 30, 2016). AQR), at 3–4 and Exhibit A–1. People’s Republic of China; and Notice of 9 Countervailing Duty Orders: Certain Lined Paper 7 See, e.g., Certain Frozen Warmwater Shrimp Id. 10 Products from India and Indonesia, 71 FR 56949 from Thailand; Preliminary Results of Antidumping See Preliminary Decision Memorandum, at 18– 22. (September 28, 2006) (CLPP Order). Duty Administrative Review, Partial Rescission of 11 5 For a complete description of the Scope of the Review, Preliminary Determination of No See Albemarle Corp. & Subsidiaries v. United States, 821 F.3d 1345 (Fed. Cir. 2016) (Albemarle). Order, see Memorandum titled, ‘‘Decision Shipments; 2012–2013, 79 FR 15951, 15952 (March Memorandum for the Preliminary Results of 12 In these preliminary results, the Department 24, 2014), unchanged in Certain Frozen Warmwater Antidumping Duty Administrative Review: Certain applied the assessment rate calculation method Lined Paper Products from India; 2015–2016,’’ Shrimp from Thailand: Final Results of adopted in Antidumping Proceedings: Calculation dated concurrently with and hereby adopted by this Antidumping Duty Administrative Review, Final of the Weighted-Average Dumping Margin and notice (Preliminary Decision Memorandum). Determination of No Shipments, and Partial Assessment Rate in Certain Antidumping 6 See No Shipments Inquiry for certain lined Rescission of Review; 2012–2013, 79 FR, at 51306– Proceedings: Final Modification, 77 FR 8101 paper products from India Produced and/or 51307 (August 28, 2014). (February 14, 2012).

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assess antidumping duties on all deposit requirements, when imposed, Notification to Importers appropriate entries covered by this shall remain in effect until further review when the importer-specific notice. This notice serves as a preliminary assessment rate calculated in the final reminder to importers of their results of this review is above de Disclosure and Public Comment responsibility under 19 CFR 351.402(f)(2) to file a certificate minimis (i.e., 0.5 percent). Where either The Department will disclose to the respondent’s weighted-average parties to this proceeding the regarding the reimbursement of dumping margin is zero or de minimis, calculations performed in reaching the antidumping duties and/or or an importer-specific assessment rate preliminary results within five days of countervailing duties prior to is zero or de minimis, we will instruct the date of publication of these liquidation of the relevant entries CBP to liquidate the appropriate entries preliminary results.14 Pursuant to 19 during this review period. Failure to without regard to antidumping duties. CFR 351.309(c)(1)(ii), interested parties comply with this requirement could The final results of this review shall be may submit case briefs not later than 30 result in the Secretary’s presumption the basis for the assessment of days after the date of publication of this that reimbursement of antidumping antidumping duties on entries of notice. Rebuttal briefs, limited to issues duties occurred and increase the merchandise covered by the final results raised in the case briefs, may be filed subsequent assessment of the of this review where applicable. antidumping duties. In accordance with the Department’s not later than five days after the date for 15 ‘‘automatic assessment’’ practice, for filing case briefs. Parties who submit These preliminary results of review entries of subject merchandise during case briefs or rebuttal briefs in this are issued and published in accordance the POR produced by each respondent proceeding are requested to submit with with sections 751(a)(1) and 777(i)(1) of for which it did not know that its the argument: (1) A statement of the the Act and 19 CFR 351.213(h) and merchandise was destined for the issue, (2) a brief summary of the 351.221(b)(4). argument, and (3) a table of United States, we will instruct CBP to Dated: October 2, 2017. liquidate unreviewed entries at the all- authorities.16 All briefs must be filed Gary Taverman, others rate if there is no rate for the electronically using ACCESS. An intermediate company(ies) involved in electronically filed document must be Deputy Assistant Secretary for Antidumping the transaction. received successfully in its entirety by and Countervailing Duty Operations, We intend to issue instructions to the Department’s electronic records performing the non-exclusive functions and CBP 15 days after publication of the system, ACCESS. duties of the Assistant Secretary for Enforcement and Compliance. final results of this review. Interested parties who wish to request Cash Deposit Requirements a hearing must submit a written request Appendix to the Assistant Secretary for The following cash deposit List of Topics Discussed in the Preliminary Enforcement and Compliance, U.S. Decision Memorandum requirements will be effective upon Department of Commerce, using publication of the notice of final results Enforcement and Compliance’s ACCESS I. Summary of administrative review for all system within 30 days of publication of II. Background III. Extension of Preliminary Results shipments of subject merchandise this notice.17 Requests should contain IV. Scope of the Order entered, or withdrawn from warehouse, the party’s name, address, and V. Discussion of Methodology for consumption on or after the telephone number, the number of Preliminary Determination of No Shipments publication date of the final results of participants, and a list of the issues to Date of Sale this administrative review, as provided be discussed. If a request for a hearing by section 751(a)(2)(C) of the Act: (1) Product Comparisons is made, we will inform parties of the Comparisons to Normal Value The cash deposit rate for respondents scheduled date for the hearing which noted above will be the rates established A. Determination of Comparison Method will be held at the U.S. Department of B. Results of the Differential Pricing in the final results of this administrative Commerce, 14th Street and Constitution review; (2) for merchandise exported by Analysis Avenue NW., Washington, DC 20230, at Export Price producers or exporters not covered in a time and location to be determined.18 this administrative review but covered Normal Value Parties should confirm by telephone the A. Home Market Viability in a prior segment of the proceeding, the date, time, and location of the hearing. cash deposit rate will continue to be the B. Level of Trade company-specific rate published for the Unless the deadline is extended Navneet most recently completed segment of this pursuant to section 751(a)(3)(A) of the SAB proceeding; (3) if the exporter is not a Act and 19 CFR 351.213(h)(2), the C. Sales to Affiliated Customers firm covered in this review, a prior Department will issue the final results D. Cost of Production Analysis review, or the original investigation, but of this administrative review, including 1. Calculation of COP 2. Test of Comparison Market Prices and the producer is, the cash deposit rate the results of our analysis of the issues COP will be the rate established for the most raised by the parties in their case briefs, 3. Results of COP Test recently completed segment of this within 120 days after issuance of these E. Calculation of Normal Value Based on proceeding for the producer of the preliminary results. Comparison Market Prices subject merchandise; and (4) the cash Determinations Under Section 129 of the Uruguay F. Calculation of Normal Value Based on deposit rate for all other producers or Constructed Value exporters will continue to be 3.91 Round Agreements Act and Revocations and Partial Revocations of Certain Antidumping Duty Orders, Margin for Companies Not Selected for percent, the all-others rate established 72 FR 25261 (May 4, 2007). Individual Examination in the investigation as modified by the 14 See 19 CFR 351.224(b). Currency Conversion 13 15 section 129 determination. These cash See 19 CFR 351.309(d). VI. Recommendation 16 See 19 CFR 351.309(c)(2) and (d)(2). [FR Doc. 2017–21588 Filed 10–5–17; 8:45 am] 13 See Implementation of the Findings of the WTO 17 See 19 CFR 351.310(c). Panel in US—Zeroing (EC): Notice of 18 See 19 CFR 351.310. BILLING CODE 3510–DS–P

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DEPARTMENT OF COMMERCE September 30, 2016, the Department and that the subsidy is specific.7 For a received review requests from Borusan full description of the methodology International Trade Administration and Toscelik.2 On November 9, 2016, underlying our conclusions, see the [C–489–817] the Department published a notice of Preliminary Decision Memorandum. initiation of administrative review for The Preliminary Decision Memorandum Oil Country Tubular Goods From the this CVD order.3 On May 17, 2017, the is a public document and is on file Republic of Turkey: Preliminary Department postponed the deadline for electronically via Enforcement and Results of Countervailing Duty issuing the preliminary results of this Compliance’s Antidumping and Administrative Review and Rescission administrative review until October 2, Countervailing Duty Centralized 4 of Countervailing Duty Administrative 2017. On September 27, 2017, the Electronic Service System (ACCESS). Review, in Part Department amended the CVD order on ACCESS is available to registered users OCTG from Turkey to exclude AGENCY: at https://access.trade.gov and in the Enforcement and Compliance, Toscelik.5 International Trade Administration, Central Records Unit, Room B8024 of Department of Commerce. Scope of the Order the main Department of Commerce building. In addition, a complete SUMMARY: The Department of Commerce The merchandise covered by the order version of the Preliminary Decision (the Department) is conducting an is certain OCTG, which are hollow steel administrative review of the products of circular cross-section, Memorandum can be accessed directly countervailing duty (CVD) order on Oil including oil well casing and tubing, of on the internet at http:// Country Tubular Goods (OCTG) from iron (other than cast iron) or steel (both enforcement.trade.gov/frn/. The signed the Republic of Turkey (Turkey). The carbon and alloy), whether seamless or Preliminary Decision Memorandum and period of review (POR) is January 1, welded, regardless of end finish (e.g., the electronic version of the Preliminary 2015, through December 31, 2015. The whether or not plain end, threaded, or Decision Memorandum are identical in Department initiated this administrative threaded and coupled) whether or not content. A list of topics discussed in the review with respect to the following conforming to American Petroleum Preliminary Decision Memorandum is producers/exporters of subject Institute (API) or non-API provided in the Appendix to this notice. merchandise: Borusan Mannesmann specifications, whether finished Boru Sanayi ve Ticaret A.S. and Partial Rescission of Administrative (including limited service OCTG Borusan Istikbal Ticaret (collectively, Review products) or unfinished (including Borusan); and Tosc¸elik Profil ve Sac green tubes and limited service OCTG Endustrisi A.S¸. and Tosyali Dis¸ Ticaret As stated above, the Department products), whether or not thread A. S¸. (collectively, Toscelik). We initiated an administrative review of protectors are attached. The scope of the preliminarily find that Borusan received Toscelik for the period January 1, 2015 countervailable subsidies at de minimis order also covers OCTG coupling stock. through December 31, 2015.8 However, levels during the POR. Additionally, as A full description of the scope of the subsequent to the final and conclusive Order is contained in the Preliminary a result of the final and conclusive decision by the Court of Appeals for the Decision Memorandum, which is hereby decision by the Court of Appeals for the Federal Circuit related to the underlying adopted by this notice.6 Federal Circuit related to the underlying CVD investigation of OCTG from CVD investigation of OCTG from Methodology Turkey,9 Toscelik was excluded from Turkey, which resulted in Toscelik We are conducting this administrative the CVD order. On September 27, 2017, being excluded from the CVD order, we the Department amended the CVD order are rescinding the administrative review review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as on OCTG from Turkey to exclude with respect to Toscelik. Interested 10 amended (the Act). For each of the Toscelik. Accordingly, we are parties are invited to comment on these rescinding this administrative review preliminary results. subsidy programs found to be countervailable, we preliminarily find with respect to Toscelik. DATES: Applicable October 6, 2017. that there is a subsidy, i.e., a financial Preliminary Results of the Review FOR FURTHER INFORMATION CONTACT: contribution by an ‘‘authority’’ that Jennifer Shore or Aimee Phelan, AD/ gives rise to a benefit to the recipient, We preliminarily find that the CVD Operations, Office I, Enforcement following net countervailable subsidy and Compliance, International Trade 2 See Letter from Borusan, ‘‘Oil Country Tubular rate for the mandatory respondent, Administration, U.S. Department of Goods from the Turkey, Case No. C–489–817: Borusan, for the period January 1, 2015 Commerce, 1401 Constitution Avenue Request for Countervailing Duty Administrative NW., Washington, DC 20230; telephone: Review,’’ dated September 30, 2016; and Letter through December 31, 2015: (202) 482–2778 or (202) 482–0697, from Toscelik, ‘‘OCTG from Turkey; Tosc¸elik request for administrative review,’’ dated respectively. September 30, 2016. 3 SUPPLEMENTARY INFORMATION: See Initiation of Antidumping and 7 Countervailing Duty Administrative Reviews, 81 FR See sections 771(5)(B) and (D) of the Act Background 78778 (November 9, 2016). regarding financial contribution; section 771(5)(E) 4 See Department Memorandum, Extension of of the Act regarding benefit; and, section 771(5A) On September 8, 2016, the Deadline of Preliminary Results, dated May 17, of the Act regarding specificity. Department published a notice of 2017. 8 The Department determined that Toscelik Profil opportunity to request an administrative 5 See Oil Country Tubular Goods from the ve Sac Endustrisi A.S. and Tosyali Dis Ticaret A.S. review of the CVD order on OCTG from Republic of Turkey: Amendment of Countervailing are cross-owned. See OCTG Amended Order. Turkey for the period January 1, 2015, Duty Order, signed on September 27, 2017 (OCTG 9 See Maverick Tube Corporation v. United States, Amended Order). 1 857 F.3d 1353 (Fed. Cir. 2017). through December 31, 2015. On 6 See Memorandum, ‘‘Decision Memorandum for 10 See OCTG Amended Order. the Preliminary Results of 2015 Countervailing 11 1 See Antidumping or Countervailing Duty Order, Duty Administrative Review and Partial Rescission: The Department has determined that Borusan Finding, or Suspended Investigation; Opportunity Oil Country Tubular Goods from the Republic of Mannesmann Boru Sanayi ve Ticaret A.S. and To Request Administrative Review, 81 FR 62096 Turkey,’’ dated concurrently with this notice Borusan Istikbal Ticaret are cross-owned. See (September 8, 2016). (Preliminary Decision Memorandum). Preliminary Decision Memorandum.

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Subsidy rate five days of publication of these III. Scope of the Order Company ad valorem preliminary results.12 Interested parties IV. Rescission of the 2015 Administrative (percent) may submit written comments (case Review, in Part briefs) on the preliminary results no V. Subsidies Valuation Information Borusan Mannesmann Boru VI. Analysis of Programs Sanayi ve Ticaret A.S., later than 30 days from the date of VII. Recommendation publication of this Federal Register and Borusan Istikbal [FR Doc. 2017–21585 Filed 10–5–17; 8:45 am] Ticaret 11 ...... *0.48 notice, and rebuttal comments (rebuttal briefs) within five days after the time BILLING CODE 3510–DS–P * De Minimis. limit for filing case briefs.13 Pursuant to Assessment Rates 19 CFR 351.309(d)(2), rebuttal briefs DEPARTMENT OF COMMERCE must be limited to issues raised in the Consistent with section 751(a)(1) of case briefs. Parties who submit the Act and 19 CFR 351.212(b)(2), upon International Trade Administration arguments are requested to submit with issuance of the final results, the the argument: (1) A statement of the [C–489–502] Department will determine, and U.S. issue; (2) a brief summary of the Customs and Border Protection (CBP) Circular Welded Carbon Steel Pipes argument; and (3) a table of shall assess, countervailing duties on all and Tubes From Turkey: Final Results authorities.14 appropriate entries covered by this Pursuant to 19 CFR 351.310(c), of Expedited Fourth Sunset Review of review. We intend to issue instructions interested parties who wish to request a Countervailing Duty Order to CBP 15 days after publication of the hearing must submit a written request to AGENCY: Enforcement and Compliance, final results of this review. the Assistant Secretary for Enforcement As a result of Toscelik’s exclusion International Trade Administration, and Compliance, filed electronically via Department of Commerce. from the CVD order on OCTG from ACCESS by 5 p.m. Eastern Time within Turkey, the Department will instruct SUMMARY: On June 1, 2017, the 30 days after the date of publication of Department of Commerce (the CBP to terminate the suspension of this notice.15 Hearing requests should liquidation of entries of subject Department) initiated a sunset review of contain: (1) The party’s name, address, the countervailing duty (CVD) order on merchandise where Toscelik acted as and telephone number; (2) the number both the producer and exporter during circular welded carbon steel pipes and of participants; and (3) a list of the tubes (steel pipes and tubes) from the period January 1, 2015, through issues to be discussed. Issues addressed December 31, 2015, and to liquidate, Turkey pursuant to section 751(c) of the at the hearing will be limited to those Tariff Act of 1930, as amended (the Act). without regard to countervailing duties, raised in the briefs. If a request for a all entries of OCTG produced and The Department has conducted an hearing is made, parties will be notified expedited sunset review of this order exported by Toscelik currently of the date and time for the hearing to suspended. Entries of subject pursuant to section 751(c)(3)(B) of the be held at the U.S. Department of Act and 19 CFR 351.218(e)(1)(ii)(C)(2). merchandise exported to the United Commerce, 1401 Constitution Avenue States by any other producer and As a result of this sunset review, the NW, Washington, DC 20230.16 The Department finds that revocation of the exporter combination involving Department intends to issue the final Toscelik are not entitled to this CVD order is likely to lead to results of this administrative review, continuation or recurrence of a exclusion from suspension of including the results of our analysis of liquidation and are subject to the cash countervailable subsidy at the levels the issues raised by the parties in their indicated in the ‘‘Final Results of deposit rate for the ‘‘all others’’ entity. comments, no later than 120 days after The Department intends to issue Review’’ section of this notice. the date of publication of this notice, DATES: Effective October 6, 2017. appropriate assessment instructions pursuant to section 751(a)(3)(A) of the FOR FURTHER INFORMATION CONTACT: directly to CBP 15 days after publication Act and 19 CFR 351.213(h), unless this Jolanta Lawska, AD/CVD Operations, of this notice in the Federal Register. deadline is extended. Office III, Enforcement and Compliance, Cash Deposit Requirements These preliminary results and notice are issued and published in accordance International Trade Administration, In accordance with section with sections 751(a)(1) and 777(i)(1) of U.S. Department of Commerce, 1401 751(a)(2)(C) of the Act, the Department the Act and 19 CFR 351.221(b)(4). Constitution Avenue NW., Washington, intends to instruct CBP to collect cash DC 20230; telephone: (202) 482–8362. deposits of estimated countervailing Dated: October 2, 2017. SUPPLEMENTAL INFORMATION duties in the amount shown above for Gary Taverman, Borusan, should the final results of this Deputy Assistant Secretary for Antidumping Background administrative review remain the same and Countervailing Duty Operations, The CVD order on steel pipes and as these preliminary results; if the rate performing the non-exclusive functions and tubes from Turkey was published in the is zero or de minimis, then zero cash duties of the Assistant Secretary for Federal Register on March 7, 1986.1 On deposit will be required. For all non- Enforcement and Compliance. June 2, 2017, the Department initiated reviewed firms, we will instruct CBP to Appendix the fourth sunset review of this CVD continue to collect cash deposits at the order pursuant to section 751(c) of the List of Topics Discussed in the Preliminary most recent company specific or all- 2 Decision Memorandum Act. On June 15, 2017, we received a others rate applicable to the company. notice of intent to participate on behalf These cash deposit requirements, when I. Summary of the following domestic interested imposed, shall remain in effect until II. Background 1 See Countervailing Duty Order: Certain Welded further notice. 12 See 19 CFR 351.224(b). Carbon Steel Pipe and Tube Products from Turkey, Disclosure and Public Comment 13 See 19 CFR 351.309(c)(1)(ii); 351.309(d)(1); and 51 FR 7984 (March 7, 1986). 19 CFR 351.303 (for general filing requirements). 2 See Initiation of Five-Year Sunset Reviews, 82 We will disclose to parties in this 14 See 19 CFR 351.309(c)(2) and (d)(2). FR 25599 (June 2, 2017); see also Initiation of Five- review the calculations performed in 15 See 19 CFR 351.310(c). Year (Sunset) Review; Correction, 82 FR 27690 reaching the preliminary results within 16 See 19 CFR 351.310(d). (June 16, 2017).

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parties: Bull Moose, Exltube, TMK thus, conducted an expedited (120-day) Net 10 IPSCO, and Zekelman Industries sunset review of this order. Producer/exporter countervailable (hereinafter referred to as the domestic subsidy rate Scope of the Order (percent) interested parties).3 The domestic interested parties claimed interested The products covered by the order are Bant Boru Sanayi ve party status under section 771(9)(C) of certain welded carbon steel pipes and Ticaret A.S. (Bant the Act, as manufacturers, producers, or tubes with an outside diameter of 0.375 Boru) ...... 3.63 inch or more, but not over 16 inches, of Borusan Group12 ...... 1.41 wholesalers in the United States of a 13 4 any wall thickness (pipes and tubes) Erbosan ...... 3.63 domestic like product. On June 30, 14 from Turkey. These products are Yucel Boru Group ...... 1.57 2017, the domestic interested parties All Others ...... 3.63 submitted their substantive response.5 currently provided for under the Harmonized Tariff Schedule of the On July 3, 2017, the Government of Notification Regarding Administrative United States (HTSUS) as item numbers Turkey (GOT) submitted its substantive Protective Order 7306.30.10, 7306.30.50, and 7306.90.10. response in which it expressed its intent This notice also serves as the only to participate in this review as the Although the HTSUS subheadings are provided for convenience and customs reminder to parties subject to government of the country in which purposes, the written description of the administrative protective order (APO) of subject merchandise is produced and merchandise is dispositive. their responsibility concerning the exported.6 On July 10, 2017, the return or destruction of proprietary domestic interested parties submitted Analysis of Comments Received information disclosed under APO in rebuttal comments to the GOT All issues raised in this review are accordance with 19 CFR 351.305. Substantive Response.7 addressed in the Issues and Decision Timely notification of the return or The Department did not receive any Memorandum, which is dated destruction of APO materials or substantive responses from Turkish concurrently with and adopted by this conversion to judicial protective order is producers or exporters of the notice.11 The issues discussed in the hereby requested. Failure to comply merchandise covered by this order. A Issues and Decision Memorandum with the regulations and terms of an government’s response alone, normally, include the likelihood of continuation APO is a sanctionable violation. We are issuing and publishing the is not sufficient for the Department to or recurrence of a countervailable final results of this review in accordance conduct a full sunset review, unless the subsidy and the net countervailable with sections 751(c), 752, and 777(i) of investigation was conducted on an subsidy likely to prevail if the Order the Act. aggregate basis.8 Because this were revoked. Parties can find a investigation was conducted on a complete discussion of all issues raised Dated: October 2, 2017. company-specific, rather than an in this expedited sunset review and the Gary Taverman, aggregate, basis,9 we determined that no corresponding recommendations in this Deputy Assistant Secretary, for Antidumping company respondent interested party public memorandum, which is on file and Countervailing Duty Operations performing the non-exclusive functions and submitted a substantive response, and electronically via the Enforcement and Compliance Antidumping and duties of the Assistant Secretary for Enforcement and Compliance. 3 Countervailing Duty Centralized See Letter from Domestic Interested Party, [FR Doc. 2017–21587 Filed 10–5–17; 8:45 am] ‘‘Fourth Five-Year (‘‘Sunset’’) Review of Electronic Service System (ACCESS). Countervailing Duty Order on Circular Welded ACCESS is available to registered users BILLING CODE 3510–DS–P Carbon Steel Pipes and Tubes from Turkey: at https://access.trade.gov and to all Domestic Industry Notice of Intent to Participate in parties in the Central Records Unit, Sunset Review,’’ dated June 15, 2017. room B8024 of the main Department of DEPARTMENT OF COMMERCE 4 Id. 5 See Letter from Domestic Interested Parties, Commerce building. In addition, a National Oceanic and Atmospheric ‘‘Fourth Five Year (‘‘Sunset’’) Review of complete version of the Issues and Administration Countervailing Duty Order on Certain Circular Decision Memorandum can be accessed Welded Carbon Steel Pipes and Tubes from Turkey: directly on the Internet at http:// RIN 0648–XF629 Domestic Industry’s Substantive Response,’’ (Domestic Interested Parties Substantive Response), enforcement.trade.gov/frn/index.html. The signed Issues and Decision Fisheries of the Gulf of Mexico; dated June 30, 2017. Southeast Data, Assessment, and 6 See Letter from GOT, ‘‘Response of the Memorandum and the electronic Government of Turkey in the Countervailing Duty versions of the Issues and Decision Review (SEDAR); Public Meeting; 4th Sunset Review Involving Certain Welded Memorandum are identical in content. Correction Carbon Steel Pipe and Tube from Turkey,’’ (GOT Substantive Response), dated July 3, 2017. Final Results of Review AGENCY: National Marine Fisheries 7 See letter from the Domestic Interested Parties, Service (NMFS), National Oceanic and ‘‘Five-Year (‘‘Sunset’’) Review of Countervailing As a result of this review, the Atmospheric Administration (NOAA), Duty Order on Certain Circulate Welded Carbon Steel Pipes and Tubes from Turkey: Domestic Department determines that revocation Commerce. Industry’s Rebuttal to the Government of Turkey’s of the CVD order would likely lead to Substantive Response,’’ dated July 10, 2017 continuation or recurrence of a 12 The Borusan Group includes the following (Domestic Parties Rebuttal Submission). countervailable subsidy at the rates entities: Borusan Group, Borusan Holding, A.S., 8 See, e.g., Certain Pasta from Turkey: Final listed below: Borusan Mannesmann Boru Sanayi ve Ticaret A.S., Results of Expedited Five-Year (‘‘Sunset’’) Review of Borusan Istikbal Ticaret, A.S., and Borusan Lojistik the Countervailing Duty Order, 72 FR 5269 Dagitim Pepolama Tasimacilik ve Tic A.S. (February 5, 2007), and Certain Carbon Steel 10 See section 751(c)(3)(B) of the Act and 19 CFR 13 Erbosan includes Erbosan Erciyas Boru Sanayi Products from Sweden: Final Results of Expedited 351.218(e)(1)(ii)(C)(2). ve Ticaret A.S. (Erbosan AS) and Erbosan Erciyas Sunset Review of Countervailing Duty Order, 65 FR 11 See Memorandum regarding: ‘‘Issues and Pipe Industry and Trade Co. Kayseri Free Zone 18304 (April 7, 2000). Decision Memorandum for the Final Results of Branch (Erbosan FZB). 9 See Final Affirmative Countervailing Duty Expedited Fourth Sunset Review of the 14 The Yucel Boru Group includes Yucel Boru ye Determinations; Certain Welded Carbon Steel Pipe Countervailing Duty Order on Circular Welded Profil Endustrisi A.S, Yucelboru lhracat Ithalat ye and Tube Products From Turkey, 51 FR 1268 Carbon Steel Pipes and Tubes from Turkey,’’ dated Pazarlama A.S, and Cayirova Born Sanayi ye Ticaret (January 10, 1986). concurrently with this notice. A.S.

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ACTION: Notice of rescheduled SEDAR Southeast Fisheries Science Center. Form Number(s): None. 52 assessment scoping webinar for Gulf Participants include data collectors and Type of Request: Regular (extension of of Mexico red snapper. database managers; stock assessment a currently approved information scientists, biologists, and researchers; collection). SUMMARY: The SEDAR 52 assessment constituency representatives including process of Gulf of Mexico red snapper fishermen, environmentalists, and Number of Respondents: 1,139. will consist of an In-person Workshop, NGO’s; International experts; and staff Average Hours per Response: 12 and a series of assessment webinars. of Councils, Commissions, and state and minutes for VMS check-in report; 2 DATES: The SEDAR 52 assessment federal agencies. hours for VMS operation (includes scoping webinar will be held October The items of discussion during the installation and maintenance). 26, 2017, from 1 p.m. to 3 p.m. Eastern assessment scoping webinar are as Burden Hours: 5,101. Time. follows: ADDRESSES: The meeting will be held Panelists will review the data sets Needs and Uses: This request is for via webinar. The webinar is open to being considered for the assessment and extension of a currently approved members of the public. Those interested discuss initial modeling efforts. information collection. in participating should contact Julie A. Although non-emergency issues not Vessel Monitoring System (VMS) Neer at SEDAR (see FOR FURTHER contained in this agenda may come units integrate global positioning system INFORMATION CONTACT) to request an before this group for discussion, those (GPS) and communications electronics invitation providing webinar access issues may not be the subject of formal into a single, tamper-resistant package action during this meeting. Action will information. Please request webinar to automatically determine the vessel’s be restricted to those issues specifically invitations at least 24 hours in advance position several times per hour. The of each webinar. identified in this notice and any issues units can be set to transmit a vessel’s SEDAR address: 4055 Faber Place arising after publication of this notice Drive, Suite 201, North Charleston, SC that require emergency action under location periodically and automatically 29405. section 305(c) of the Magnuson-Stevens to an overhead satellite in real time. In most cases, the vessel owner is unaware FOR FURTHER INFORMATION CONTACT: Julie Fishery Conservation and Management of exactly when the unit is transmitting A. Neer, SEDAR Coordinator; (843) 571– Act, provided the public has been 4366; email: [email protected] notified of the intent to take final action and is unable to alter the signal or the time of transmission. The VMS unit is SUPPLEMENTARY INFORMATION: The to address the emergency. passive and automatic, requiring no original notice published in the Federal Special Accommodations reporting effort by the vessel operator. A Register on August 29, 2017 (82 FR The meeting is physically accessible 40995). The notice announces the communications service provider to people with disabilities. Requests for rescheduled date of the meeting from receives the transmission and relays it sign language interpretation or other September 21, 2017 to October 26, 2017. to the National Marine Fisheries Service The Gulf of Mexico, South Atlantic, auxiliary aids should be directed to the (NMFS) Office of Law Enforcement and and Caribbean Fishery Management Council office (see ADDRESSES) at least 5 the U.S. Coast Guard. Enforcement of Councils, in conjunction with NOAA business days prior to each workshop. management measures, such as directed Fisheries and the Atlantic and Gulf Note: The times and sequence specified in fishing closures and critical habitat no- States Marine Fisheries Commissions this agenda are subject to change. fishing zones, relies heavily on the use have implemented the Southeast Data, of VMS. Authority: 16 U.S.C. 1801 et seq. Assessment and Review (SEDAR) Affected Public: Business or other for- Dated: October 3, 2017. process, a multi-step method for profit organizations; individuals or determining the status of fish stocks in Tracey L. Thompson, households. the Southeast Region. SEDAR is a multi- Acting Deputy Director, Office of Sustainable step process including: (1) Data Fisheries, National Marine Fisheries Service. Frequency: Annually and on occasion. Workshop, (2) a series of assessment [FR Doc. 2017–21598 Filed 10–5–17; 8:45 am] Respondent’s Obligation: Mandatory. webinars, and (3) A Review Workshop. BILLING CODE 3510–22–P This information collection request The product of the Data Workshop is a may be viewed at reginfo.gov. Follow report that compiles and evaluates the instructions to view Department of DEPARTMENT OF COMMERCE potential datasets and recommends Commerce collections currently under which datasets are appropriate for review by OMB. assessment analyses. The assessment National Oceanic and Atmospheric webinars produce a report that describes Administration Written comments and the fisheries, evaluates the status of the recommendations for the proposed Submission for OMB Review; stock, estimates biological benchmarks, information collection should be sent Comment Request projects future population conditions, within 30 days of publication of this and recommends research and The Department of Commerce will notice to OIRA_Submission@ monitoring needs. The product of the submit to the Office of Management and omb.eop.gov or fax to (202) 395–5806. Review Workshop is an Assessment Budget (OMB) for clearance the Dated: October 3, 2017. Summary documenting panel opinions following proposal for collection of Sarah Brabson, regarding the strengths and weaknesses information under the provisions of the of the stock assessment and input data. Paperwork Reduction Act (44 U.S.C. NOAA PRA Clearance Officer. Participants for SEDAR Workshops are Chapter 35). [FR Doc. 2017–21580 Filed 10–5–17; 8:45 am] appointed by the Gulf of Mexico, South Agency: National Oceanic and BILLING CODE 3510–22–P Atlantic, and Caribbean Fishery Atmospheric Administration (NOAA). Management Councils and NOAA Title: NMFS Alaska Region Vessel Fisheries Southeast Regional Office, Monitoring System (VMS) Program. HMS Management Division, and OMB Control Number: 0648–0445.

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DEPARTMENT OF COMMERCE (50 ft or longer) around Guam, fish is necessary for the proper performance commercially for BMUS in the EEZ of the functions of the agency, including National Oceanic and Atmospheric around the Northern Mariana Islands, or whether the information shall have Administration use a vessel to fish for BMUS within the practical utility; (b) the accuracy of the EEZ around each of the PRIA, in areas agency’s estimate of the burden Proposed Information Collection; not prohibited to fishing, must register (including hours and cost) of the Comment Request; Pacific Islands it to a valid federal fishing permit. proposed collection of information; (c) Region Permit Family of Forms Regulations at 50 CFR 665, Subparts ways to enhance the quality, utility, and AGENCY: National Oceanic and B, C, D, and E, require that a vessel used clarity of the information to be Atmospheric Administration (NOAA), to fish for precious corals within the collected; and (d) ways to minimize the Commerce. EEZ of U.S. islands in the central and burden of the collection of information ACTION: Notice. western Pacific, must be registered to a on respondents, including through the valid federal fishing permit for a use of automated collection techniques SUMMARY: The Department of specific precious coral permit area. or other forms of information Commerce, as part of its continuing The collection is revised by merging technology. effort to reduce paperwork and currently approved information Comments submitted in response to respondent burden, invites the general collections OMB Control Numbers this notice will be summarized and/or public and other Federal agencies to 0648–0584, Northern Mariana Islands included in the request for OMB take this opportunity to comment on Commercial Bottomfish Fishery Permit, approval of this information collection; proposed and/or continuing information 0648–0586, Pacific Islands Crustacean they also will become a matter of public collections, as required by the Permit, and 0648–0589, Pacific Islands record. Paperwork Reduction Act of 1995. Pelagic Squid Jig Fishing Permit, into Dated: October 3, 2017. DATES: OMB Control No. 0648–0490 Pacific Written comments must be Sarah Brabson, submitted on or before December 5, Islands Region Permit Family of Forms. NOAA PRA Clearance Officer. 2017. NMFS approved new two-tier [FR Doc. 2017–21579 Filed 10–5–17; 8:45 am] ADDRESSES: processing fees for most permits, Direct all written comments BILLING CODE 3510–22–P to Jennifer Jessup, Departmental resulting in revised cost estimates. Paperwork Clearance Officer, II. Method of Collection Department of Commerce, Room 6616, Respondents have a choice of either DEPARTMENT OF COMMERCE 14th and Constitution Avenue NW., electronic or paper forms. Methods of National Oceanic and Atmospheric Washington, DC 20230 (or via the submittal include email of electronic Administration Internet at [email protected]). forms, or online applications when FOR FURTHER INFORMATION CONTACT: implemented, and mail and facsimile RIN 0648–XF704 Requests for additional information or transmission of paper forms. copies of the information collection Western Pacific Fishery Management instrument and instructions should be III. Data Council; Public Meetings; Correction directed to Walter Ikehara, (808) 725– OMB Control Number: 0648–0490. 5175, or [email protected]. Form Number: None. AGENCY: National Marine Fisheries SUPPLEMENTARY INFORMATION: Type of Review: Regular submission Service (NMFS), National Oceanic and (revision of a currently approved Atmospheric Administration (NOAA), I. Abstract collection). Commerce. This request is for a revision and Affected Public: Business or other for- ACTION: Notice of time change of a extension of a currently approved profit organizations, individuals, or public hearing. information collection. households. Regulations at 50 CFR 665, Subpart F, Estimated Number of Respondents: SUMMARY: The Western Pacific Fishery require that a vessel must be registered 354. Management Council (Council) will to a valid federal fishing permit to fish Estimated Time per Response: Hawaii hold its 171st Council meeting to take with longline gear for Pacific pelagic longline limited entry permits: Renewal actions on fishery management issues in management unit species (PMUS), land on paper application—30 minutes; the Western Pacific Region. or transship longline caught PMUS, or renewal online—15 minutes; transfer— DATES: The Council meeting will be receive longline caught PMUS from a 1 hour, closed area exemption and held on October 17 to October 19, 2017. longline vessel, within the Exclusive permit appeals—2 hours; American ADDRESSES: The 171st Council meeting Economic Zone (EEZ) of United States Samoa longline limited entry permits: will be held at Governor H. Rex Lee (U.S.) islands in the central and western Renewal and additional permit Auditorium (Fale Laumei), Utulei, Pacific, to fish with pelagic squid jig application—45 minutes, transfer—1 American Samoa, phone: (684) 633– gear for PMUS within the Exclusive hour 15 minutes, permit appeals—2 5155. Economic Zone (EEZ) of United States hours; all other permits: Paper—30 FOR FURTHER INFORMATION CONTACT: (U.S.) islands in the central and western minutes, online—15 minutes. Pacific, or to fish with troll and Estimated Total Annual Burden Kitty M. Simonds, Executive Director, handline gear for PMUS within the EEZ Hours: 169. Western Pacific Fishery Management around each of the Pacific Remote Estimated Total Annual Cost to Council; phone: (808) 522–8220. Island Areas (PRIA), in areas not Public: $14,000 in application SUPPLEMENTARY INFORMATION: The prohibited to fishing. processing fees and recordkeeping/ original notice published in the Federal Regulations at 50 CFR parts 665, mailing costs. Register on September 22, 2017 (82 FR Subparts D and E, require that the 44382). The Public Hearing on owner of a vessel used to fish for, land, IV. Request for Comments American Samoa Fisheries originally or transship bottomfish management Comments are invited on: (a) Whether scheduled on Tuesday, October 17, unit species (BMUS) using a large vessel the proposed collection of information 2017, from 6 p.m. to 8 p.m. has changed

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to Tuesday, October 17, 2017, from 7:30 DEPARTMENT OF DEFENSE Committee Act of 1972 (5 U.S.C., p.m. to 9 p.m. Appendix, as amended), the Department of the Army The 171st Council Meeting will be Government in the Sunshine Act of held on October 17, 2017 between 1 1976 (5 U.S.C. 552b, as amended), 41 Board of Visitors, United States CFR 102–3.140(c), and 41 CFR 102– p.m. and 5 p.m. with a Public Hearing Military Academy (USMA) between 7:30 p.m. and 9 p.m.; on 3.150. Purpose of the Meeting: The Western AGENCY: Department of the Army, DoD. October 18, 2017 between 8:30 a.m. and Hemisphere Institute for Security 5 p.m. with a Fishers Forum between 6 ACTION: Notice; correction. Cooperation (WHINSEC) Board of p.m. and 9 p.m.; and on October 19, Visitors (BoV) is a non-discretionary 2017 between 8:30 p.m. and 3 p.m. SUMMARY: The notice of an open meeting scheduled for October 20, 2017 Federal Advisory Committee chartered Agenda items noted as ‘‘Final Action published in the Federal Register on to provide the Secretary of Defense, Items’’ refer to actions that result in September 27, 2017 (82 FR 44995) has through the Secretary of the Army, Council transmittal of a proposed a new start time. The time has changed independent advice and fishery management plan, proposed to 09:30 a.m.–12:00 p.m. recommendations on matters pertaining plan amendment, or proposed to the curriculum, instruction, physical FOR FURTHER INFORMATION CONTACT: Mrs. regulations to the U.S. Secretary of equipment, fiscal affairs, and academic Deadra K. Ghostlaw, the Designated Commerce, under Sections 304 or 305 of methods of the Institute; other matters Federal Officer for the committee, in the Magnuson-Stevens Fishery relating to the Institute that the Board writing at: Secretary of the General Staff, decides to consider; and other items that Conservation and Management Act. An ATTN: Deadra K. Ghostlaw, 646 Swift opportunity to submit public comment the Secretary of Defense determines Road, West Point, NY 10996; by email appropriate. The Board reviews will be provided throughout the at: [email protected] or BoV@ agendas. The order in which agenda curriculum to determine whether it usma.edu; or by telephone at (845) 938– adheres to current U.S. doctrine, items are addressed may change and 4200. will be announced in advance at the complies with applicable U.S. laws and SUPPLEMENTARY INFORMATION: Council meeting. The meetings will run None. regulations, and is consistent with U.S. as late as necessary to complete Brenda S. Bowen, policy goals toward Latin America and the Caribbean. The Board also scheduled business. Background Army Federal Register Liaison Officer. documents will be available from, and determines whether the instruction [FR Doc. 2017–21573 Filed 10–5–17; 8:45 am] under the curriculum of the Institute written comments should be sent to, BILLING CODE 5001–03–P Kitty M. Simonds, Executive Director; appropriately emphasizes human rights, Western Pacific Fishery Management the rule of law, due process, civilian control of the military, and the role of Council, 1164 Bishop Street, Suite 1400, DEPARTMENT OF DEFENSE the military in a democratic society. The Honolulu, HI 96813, phone: (808) 522– Secretary of Defense may act on the 8220 or fax: (808) 522–8226. Department of the Army Committee’s advice and Non-emergency issues not contained Western Hemisphere Institute for recommendations. in this agenda may come before the Security Cooperation Board of Visitors Agenda: Status briefing on the Council for discussion and formal Meeting Notice Institute from the Commandant; update Council action during its 171st meeting. briefings from the Office of the Under However, Council action on regulatory AGENCY: Department of the Army, DoD. Secretary of Defense (Policy); issues will be restricted to those issues ACTION: Notice of open meeting. Department of State; U.S. Northern specifically listed in this document and Command; and U.S. Southern any regulatory issue arising after SUMMARY: The Department of the Army Command; presentation of other publication of this document that is publishing this notice to announce information appropriate to the Board’s requires emergency action under section the following Federal advisory interests, and a public comments 305(c) of the Magnuson-Stevens Act, committee meeting of the Western period. provided the public has been notified of Hemisphere Institute for Security Public Accessibility to the Meeting: the Council’s intent to take action to Cooperation (WHINSEC) Board of Pursuant to 5 U.S.C. 552b, as amended, address the emergency. Visitors. This meeting is open to the and 41 CFR 102–3.140 through 102– public. 3.165, and subject to the availability of Special Accommodations DATES: The WHINSEC Board of Visitors space, this meeting is open to the public. Seating is on a first to arrive These meetings are physically will meet from 8:00 a.m. to 4:00 p.m. on Thursday, November 2, 2017. basis. Attendees are requested to submit accessible to people with disabilities. their name, affiliation, and daytime ADDRESSES: Requests for sign language Western Hemisphere phone number seven business days interpretation or other auxiliary aids Institute for Security Cooperation, prior to the meeting to Mr. Procell, via should be directed to Kitty M. Simonds, Bradley Hall, 7301 Baltzell Avenue, electronic mail, the preferred mode of (808) 522–8220 (voice) or (808) 522– Building 396, Fort Benning, GA 31905. submission, at the address listed in the 8226 (fax), at least 5 days prior to the FOR FURTHER INFORMATION CONTACT: Mr. FOR FURTHER INFORMATION CONTACT meeting date. Richard Procell, Acting Executive section. Because the meeting of the Authority: 16 U.S.C. 1801 et seq. Secretary for the Committee, in writing committee will be held in a Federal at USACGSC, 100 Stimson Avenue, Fort Government facility on a military base, Dated: October 3, 2017. Leavenworth, KS 66027–2301, by email security screening is required. A photo Tracey L. Thompson, at [email protected], or by ID is required to enter base. Please note Acting Deputy Director, Office of Sustainable telephone at (913) 684–2963. that security and gate guards have the Fisheries, National Marine Fisheries Service. SUPPLEMENTARY INFORMATION: The right to inspect vehicles and persons [FR Doc. 2017–21597 Filed 10–5–17; 8:45 am] committee meeting is being held under seeking to enter and exit the BILLING CODE 3510–22–P the provisions of the Federal Advisory installation. Bradley Hall is fully

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handicap accessible. Wheelchair access 10:30 to 11:00 a.m. will be available for Dated: October 2, 2017. is available in front at the main entrance verbal public comments. Members of A.M. Nichols, of the building. For additional the public who have requested to make Lieutenant Commander, Judge Advocate information about public access a verbal comment and whose comments General’s Corps, U.S. Navy, Federal Register procedures, contact Mr. Procell at the have been deemed relevant under the Liaison Officer. email address or telephone number process described above, will be allotted [FR Doc. 2017–21601 Filed 10–5–17; 8:45 am] listed in the FOR FURTHER INFORMATION no more than three (3) minutes during BILLING CODE 3810–FF–P CONTACT section. this period, and will be invited to speak Written Comments and Statements: in the order in which their requests Pursuant to 41 CFR 102–3.105(j) and were received. DEPARTMENT OF EDUCATION 102–3.140 and section 10(a)(3) of the Federal Advisory Committee Act, the Brenda S. Bowen, Notice of Waivers Granted Under public or interested organizations may Army Federal Register Liaison Officer. Section 9401 of the Elementary and submit written comments or statements [FR Doc. 2017–21572 Filed 10–5–17; 8:45 am] Secondary Education Act of 1965, as to the Committee, in response to the BILLING CODE 5001–03–P Amended stated agenda of the open meeting or in AGENCY: Office of Elementary and regard to the Committee’s mission in Secondary Education, Department of general. Written comments or DEPARTMENT OF DEFENSE Education. statements should be submitted to Mr. Procell, via electronic mail, the Department of the Navy ACTION: Notice. preferred mode of submission, at the SUMMARY: In this notice, we announce address listed in the FOR FURTHER Notice of Availability of Record of Decision for the Final Environmental the waivers that the U.S. Department of INFORMATION CONTACT section. Each page Education (Department) granted during of the comment or statement must Impact Statement for the Disposal and Reuse of the Former Naval Weapons calendar year 2014 under the waiver include the author’s name, title or authority in the Elementary and Station Seal Beach, Detachment affiliation, address, and daytime phone Secondary Education Act of 1965, as Concord, Concord, California number. Written comments or amended by the No Child Left Behind statements being submitted in response Act of 2001 (ESEA), including waivers AGENCY: Department of the Navy, DoD to the agenda set forth in this notice related to flexibilities granted to States must be received at least seven business ACTION: Notice. in exchange for State-led reforms (ESEA days prior to the meeting to be flexibility). considered by the Committee. The SUMMARY: The U.S. Department of the The ESEA requires that the Designated Federal Officer will review Navy (Navy), after carefully weighing Department publish in the Federal all timely submitted written comments Register, and disseminate to interested or statements with the Committee the environmental consequences of the proposed action, announces its decision parties, a notice of its decision to grant Chairperson, and ensure the comments a waiver of statutory or regulatory are provided to all members of the to implement Alternative 1, the Navy’s preferred alternative, as described in the requirements under the ESEA. Between Committee before the meeting. Written 2011 and 2016, the Department granted comments or statements received after Final Environmental Impact Statement (EIS) for the Disposal and Reuse of the more than 800 waivers of statutory or this date may not be provided to the regulatory requirements to State Committee until its next meeting. Former Naval Weapons Station Seal Beach, Detachment Concord (NWS educational agencies (SEAs) but Pursuant to 41 CFR 102–3.140d, the neglected to comply with the ESEA’s Committee is not obligated to allow a Concord), Concord, California. This decision will make approximately 4,972 publication and dissemination member of the public to speak or requirements. This notice is intended to acres of former NWS Concord property otherwise address the Committee during fulfill the Department’s obligation to available to the local community for the meeting. Members of the public will publicize its waiver decisions by economic redevelopment. be permitted to make verbal comments identifying the waivers granted during during the Committee meeting only at SUPPLEMENTARY INFORMATION: Disposal each calendar year. the time and in the manner described and reuse under the chosen alternative below. If a member of the public is FOR FURTHER INFORMATION CONTACT: Kia is consistent with the City of Concord’s interested in making a verbal comment Weems, U.S. Department of Education, ‘‘Concord Reuse Project Area Plan’’ and at the open meeting, that individual 400 Maryland Avenue SW., Room must submit a request, with a brief Public Law 101–510, the Defense Base 3W341, Washington, DC 20202. statement of the subject matter to be Closure and Realignment Act (BRAC) of Telephone: (202) 260–2221 or by email: addressed by the comment, at least three 1990, as amended in 2005. The [email protected]. (3) business days in advance to Mr. complete text of the Record of Decision If you use a telecommunications Procell, via electronic mail, the (ROD) is available for public viewing on device for the deaf (TDD) or a text preferred mode of submission, at the the project Web site at http:// telephone (TTY), call the Federal Relay address listed in the FOR FURTHER www.BRACPMO.Navy.mil along with Service (FRS), toll free, at 1–800–877– INFORMATION CONTACT section. Requests the Final EIS and supporting 8339. will be logged in the order received. The documents. Single copies of the ROD SUPPLEMENTARY INFORMATION: In 2014, Designated Federal Officer in will be made available upon request by the Department granted waivers through consultation with the Committee Chair contacting: Ms. Erica Spinelli, Navy an initiative known as ESEA flexibility will determine whether the subject BRAC Program Management Office to 39 States under the waiver authority matter of each comment is relevant to West, Concord EIS, 33000 Nixie Way, in section 9401 of the ESEA, in the Committee’s mission and/or the Building 50, San Diego, California, exchange for rigorous and topics to be addressed in this public 92147–0001, telephone 619–524–5096, comprehensive State-developed plans meeting. A 30-minute period between email [email protected]. designed to improve student academic

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achievement and increase the quality of content and academic achievement AYP. Instead, an SEA had flexibility to instruction. We granted: standards to, and to use the same develop new ambitious but achievable (a) The following 10 waivers to 39 academic assessment for, all public AMOs in reading/language arts and SEAs under ESEA flexibility: schools and public school children in mathematics in order to provide 1. Flexibility Regarding the 2014 the State; 13 waivers that allowed meaningful goals to guide support and Timeline for Determining Adequate students (except those with the most improvement efforts for the State, LEAs, Yearly Progress (AYP); significant cognitive disabilities) to take schools, and student subgroups. 2. Flexibility in Implementation of only one assessment in each content Provisions waived: Section School Improvement Requirements; area in 2013–2014—either the current 1111(b)(2)(E)–(H) of the ESEA. 3. Flexibility in Implementation of State assessment or the full form of the Local Educational Agency (LEA) B. Flexibility in Implementation of field test of the new assessments aligned School Improvement Requirements Improvement Requirements; to college- and career-ready standards; 4. Flexibility for Rural LEAs; four waivers permitting the State to The Department waived the 5. Flexibility for Schoolwide assess students who were not yet requirements in section 1116(b) of the Programs; enrolled in high school but who took ESEA for an LEA to identify for 6. Flexibility to Support School advanced, high school level coursework improvement, corrective action, or Improvement; with the corresponding advanced, high restructuring, as appropriate, a Title I 7. Flexibility for Reward Schools; school level assessment alone; three school that failed, for two consecutive 8. Flexibility Regarding Highly waivers permitting students with the years or more, to make AYP, and for a Qualified Teacher (HQT) Improvement most significant cognitive disabilities school so identified and its LEA to take Plans; within the State to take only one certain improvement actions. Under this 9. Flexibility to Transfer Certain assessment in each content area in waiver, an LEA was no longer required Funds; and 2013–2014—either the current State to identify respective Title I schools for 10. Flexibility to Use School alternate assessments based on alternate improvement, corrective action, or Improvement Grant (SIG) funds to academic achievement standards or the restructuring, and neither the LEA nor Support Priority Schools. field test of new alternate assessments; its schools were required to take In addition to waiving the 10 and one waiver permitting a State to statutorily required improvement provisions listed above, the Department administer the high school exit actions, including providing public granted three optional waivers under examination to high school students in school choice and supplemental ESEA flexibility related to the following: educational services (SES) to eligible 1. Waivers of the 21st Century grade 10 and the alternate performance assessment to students with the most students. An LEA was also exempt from Community Learning Centers (21st administrative and reporting CCLC) requirement to provide services significant cognitive disabilities; (f) Two waivers of the third of three requirements related to school during non-school hours or when school annual measureable achievement improvement. is not in session; objectives (AMAOs 3) under Title III, Provision waived: Section 1116(b) of 2. Waivers of the requirement to make allowing States to use the same targets the ESEA, except that (b)(13) was not AYP determinations; and waived. 3. Waivers of requirements pertaining used to determine AYP under Title I in to Title I, Part A within-district place of the State’s AMOs; C. Flexibility in Implementation of LEA (g) One waiver of the requirement allocations. Improvement under Title I, Part A to provide parents (b) 67 waivers extending the period in The Department waived the which funds were available for notice of public school choice options at least 14 days before the start of the requirements in section 1116(c) of the obligation: Three waivers extending the ESEA for an SEA to identify for period of availability of fiscal year (FY) school year; and (h) 10 waivers of the Teacher improvement or corrective action, as 2009 SIG funds under the regular Incentive Fund (TIF) program absolute appropriate, an LEA that, for two appropriation and the American priority requirement in the notice of consecutive years or more, failed to Recovery and Reinvestment Act of 2009 final priorities (NFR) that required each make AYP, and neither the LEA nor the (ARRA); 62 waivers extending the TIF grantee to develop a rigorous SEA was required to take statutorily period of availability of FY 2010, 2011, evaluation system for teachers and required improvement actions. An LEA 2012, or 2013 SIG funds; one waiver principals, and of one of the five core was also exempt from associated related to consolidated grant funds for elements in the NFR. administrative and reporting Insular Areas; and one waiver extending requirements related to LEA the period for the Mathematics and I. ESEA Flexibility Waivers improvement. Science Partnerships program funds; Provisions waived: Section 1116(c)(3) A. Flexibility Regarding the 2014 (c) Eight waivers pertaining to SIG and (5)–(11) of the ESEA. school eligibility requirements and the Timeline for Determining AYP definition of ‘‘persistently lowest- The Department waived the D. Flexibility for Rural LEAs achieving schools’’; requirements in section 1111(b)(2)(E)– The Department waived the (d) Six waivers allowing SEAs to (H) of the ESEA that prescribe how an requirements in sections 6213(b) and approve schools or LEAs identified as SEA establishes AMOs for determining 6224(e) of the ESEA that limited ‘‘in need of improvement’’ to become AYP to ensure that all students met or participation in, and use of funds under, supplemental educational services (SES) exceeded the State’s proficient level of the Small, Rural School Achievement providers; academic achievement on the State’s (SRSA) and Rural and Low-Income (e) 39 waivers of requirements related assessments in reading/language arts School (RLIS) programs based on to State academic standards or and mathematics no later than the end whether an LEA made AYP and was assessments: 18 waivers of the statutory of the 2013—2014 school year. Under complying with the requirements in and regulatory requirements under Title this waiver, an SEA no longer needed to section 1116 of the ESEA. Under the I, Part A of the ESEA that required follow the statutory procedures for waiver, an LEA that received SRSA or States to apply the same academic setting AMOs to use in determining RLIS funds had flexibility to use those

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funds for any authorized purpose improvement plans regarding highly • Indiana Department of Education regardless of the LEA’s AYP status. qualified teachers. Under the waiver, an • Kansas State Department of Education Provisions waived: Sections 6213(b) LEA that did not meet its HQT target • Kentucky Department of Education and 6224(e) of the ESEA. did not have to develop an • Louisiana Department of Education improvement plan under section 2141 • Maryland State Department of E. Flexibility for Schoolwide Programs of the ESEA and had flexibility in how Education The Department waived the it used its Title I and Title II funds. An • Massachusetts Department of requirement in section 1114(a)(1) of the SEA was exempt from the requirements Elementary and Secondary Education ESEA that a school have a poverty regarding its role in the implementation • Michigan Department of Education percentage of 40 percent or more in of those plans, including the • Minnesota Department of Education • order to operate a schoolwide program. requirement that it enter into Mississippi Department of Education • Under this waiver, an LEA had agreements with LEAs on the use of Missouri Department of Elementary flexibility to operate a schoolwide funds and the requirement that it and Secondary Education • program in a Title I school that did not provide technical assistance to LEAs on Nevada Department of Education meet the 40 percent poverty threshold if • New Jersey Department of Education their plans. • the SEA identified the school as a Provisions waived: Section 2141(a)– New Mexico Public Education priority school or a focus school, and (c) of the ESEA. Department the LEA implemented interventions • New York State Education consistent with the turnaround I. Flexibility To Transfer Certain Funds Department principles or interventions that were The Department waived the • North Carolina Department of Public based on the needs of the students in limitations in section 6123 of the ESEA Instruction • the school and designed to enhance the that limited the amount of funds an SEA Ohio Department of Education • entire educational program in the or LEA may transfer from certain ESEA Oklahoma State Department of school, as appropriate. programs to other ESEA programs. Education • Provision waived: Section 1114(a)(1) Oregon Department of Education Under this waiver, an SEA and its LEAs • of the ESEA. had flexibility to transfer up to 100 Pennsylvania Department of percent of the funds received under the Education F. Flexibility To Support School • authorized programs among those Puerto Rico Department of Education Improvement • programs and into Title I, Part A. Rhode Island Department of The Department waived the Education Moreover, to minimize burden at the • requirement in section 1003(a) of the State and local levels, the SEA was not South Carolina Department of ESEA for an SEA to distribute funds Education required to notify the Department, and • reserved under that section only to its participating LEAs were not required South Dakota Department of LEAs with schools identified for Education to notify the SEA, prior to transferring • improvement, corrective action, or Tennessee Department of Education funds. • restructuring. Under this waiver, an Texas Education Agency Provisions waived: Section 6123(a), • SEA had flexibility to allocate ESEA (b)(1), (d), and (e)(1) of the ESEA. Utah State Office of Education • Virginia Department of Education section 1003(a) funds to an LEA in order • to serve any priority or focus school, if J. Flexibility To Use SIG Funds To Wisconsin Department of Public the SEA determined such school was Support Priority Schools Instruction most in need of additional support. The Department waived the K. Flexibility in the Use of 21st CCLC Provision waived: Section 1003(a) of requirements in section 1003(g)(4) of the Program Funds the ESEA. ESEA and the definition of a Tier I The Department waived requirements school in Section I.A.3 of the SIG final G. Flexibility for Reward Schools in sections 4201(b)(1)(A) and requirements. Under this waiver, an 4204(b)(2)(A) of the ESEA that restricted The Department waived the provision SEA had flexibility to award SIG funds the activities provided by a community in section 1117(c)(2)(A) of the ESEA that available under section 1003(g) of the learning center under the 21st CCLC authorized an SEA to reserve Title I, ESEA to an LEA to implement one of program to activities provided only Part A funds to reward a Title I school the four SIG models in any priority during non-school hours or periods that (1) significantly closed the school. achievement gap between subgroups in Provisions waived: Section 1003(g)(4) when school was not in session (i.e., the school; or (2) exceeded AYP for two of the ESEA and section I.A.3 of the before and after school or during or more consecutive years. Under this notice of final requirements for SIG summer recess). Under this waiver, an waiver, an SEA had flexibility to use Grants, published in the Federal SEA had flexibility to permit funds reserved under section Register on October 28, 2010 (74 FR community learning centers to use 21st 1117(c)(2)(A) of the ESEA to provide 65618). CCLC funds to support expanded financial rewards to any reward school, Waiver applicants: learning time during the school day in addition to activities during non-school if the SEA determined such school was • Alabama State Board of Education hours or periods when school was not most appropriate to receive a financial • Arizona Department of Education reward. • Arkansas Department of Education in session. Provision waived: Section • Colorado Department of Education Provisions waived: Section 1117(b)(1)(B) of the ESEA. • Delaware Department of Education 4201(b)(1)(A) and 4204(b)(2)(A) of the • District of Columbia Office of the ESEA. H. Flexibility Regarding HQT State Superintendent of Education Waiver applicants: Improvement Plans • Florida Department of Education • Alabama State Board of Education The Department waived the • Georgia Department of Education • Arizona Department of Education requirements in section 2141(a) through • Hawaii State Department of Education • Arkansas Department of Education (c) of the ESEA for an LEA and SEA to • Idaho State Department of Education • Colorado Department of Education comply with certain requirements for • Illinois State Board of Education • Delaware Department of Education

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• District of Columbia Office of the • Arkansas Department of Education Waiver applicants: State Superintendent of Education • Colorado Department of Education • Alabama State Board of Education • Florida Department of Education • Delaware Department of Education • Arizona Department of Education • • Georgia Department of Education District of Columbia Office of the • Arkansas Department of Education • Hawaii State Department of Education State Superintendent of Education • Colorado Department of Education • • Idaho State Department of Education Florida Department of Education • Delaware Department of Education • • Illinois State Board of Education Georgia Department of Education • District of Columbia Office of the • • Indiana Department of Education Hawaii State Department of Education State Superintendent of Education • • Kansas State Department of Education Idaho State Department of Education • Florida Department of Education • • Kentucky Department of Education Illinois State Board of Education • Georgia Department of Education • • Louisiana Department of Education Indiana Department of Education • Hawaii State Department of Education • • Maryland State Department of Kansas State Department of Education • Idaho State Department of Education • Education Kentucky Department of Education • Illinois State Board of Education • Massachusetts Department of • Louisiana Department of Education • • Indiana Department of Education Elementary and Secondary Education Maryland State Department of • Kansas State Department of Education • Michigan Department of Education Education • Kentucky Department of Education • Minnesota Department of Education • Massachusetts Department of • Louisiana Department of Education • Mississippi Department of Education Elementary and Secondary Education • Maryland State Department of • Missouri Department of Elementary • Michigan Department of Education Education and Secondary Education • Minnesota Department of Education • • Nevada Department of Education • Massachusetts Department of Mississippi Department of Education Elementary and Secondary Education • New Jersey Department of Education • Missouri Department of Elementary • Michigan Department of Education • New Mexico Public Education and Secondary Education • Minnesota Department of Education Department • Nevada Department of Education • Mississippi Department of Education • New York State Education • New Jersey Department of Education • Missouri Department of Elementary Department • New Mexico Public Education and Secondary Education • North Carolina Department of Public Department • Nevada Department of Education Instruction • New York State Education • • New Jersey Department of Education Ohio Department of Education Department • • Oklahoma State Department of • North Carolina Department of Public New Mexico Public Education Department Education Instruction • • Oregon Department of Education • Ohio Department of Education New York State Education • Pennsylvania Department of • Department Oklahoma State Department of • Education Education North Carolina Department of Public • Puerto Rico Department of Education • Instruction Oregon Department of Education • • Rhode Island Department of • Ohio Department of Education Pennsylvania Department of • Education Education Oklahoma State Department of • South Carolina Department of • Education Puerto Rico Department of Education • Education • Oregon Department of Education Rhode Island Department of • • South Dakota Department of Education Pennsylvania Department of Education • South Carolina Department of Education • • Tennessee Department of Education Education Puerto Rico Department of Education • • Texas Education Agency • South Dakota Department of Rhode Island Department of • Utah State Office of Education Education Education • • Virginia Department of Education • Tennessee Department of Education South Carolina Department of • Wisconsin Department of Public • Texas Education Agency Education • Instruction • Utah State Office of Education South Dakota Department of • Virginia Department of Education Education L. Flexibility Regarding Making AYP • • Wisconsin Department of Public Tennessee Department of Education Determinations • Instruction Texas Education Agency The Department waived the • Utah State Office of Education requirements in section 1116(a)(1)(A)– M. Flexibility Regarding Within-District • Virginia Department of Education (B) and (c)(1)(A) of the ESEA that Title I Allocations • Wisconsin Department of Public required LEAs and SEAs to make The Department waived the Instruction determinations of AYP for schools and requirements in section 1113(a)(3)–(4) of II. Extensions of the Obligation Period LEAs, respectively. Instead, an SEA and the ESEA that required an LEA to serve its LEAs had to report on their report eligible schools under Title I in rank A. Waivers to extend the period of cards performance against the AMOs for order of poverty and to allocate Title I, availability of SIG ARRA funds. all subgroups identified in section Part A funds based on that rank Extended the period of availability of 1111(b)(2)(C)(v) of the ESEA, and use ordering. Under this waiver, an LEA had FY 2009 SIG funds awarded under performance against the AMOs to flexibility to serve with Title I funds a Public Law 111–5, ARRA. support continuous improvement in Title I-eligible high school with a Provision waived: Tydings Title I schools. graduation rate below 60 percent that Amendment, section 421(b) of the Provisions waived: Section the SEA identified as a priority school General Education Provisions Act 1116(a)(1)(A)–(B) and (c)(1)(A) of the even if that school did not rank (GEPA) (20 U.S.C. 1225(b)). ESEA. sufficiently high to be served based Waiver applicants: Waiver applicants: solely on the school’s poverty rate. • Georgia Department of Education • Alabama State Board of Education Provisions waived: Section • New York State Education • Arizona Department of Education 1113(a)(3)–(4) and (c)(1) of the ESEA. Department

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• Texas Education Agency • Alabama State Board of Education Mathematics and Science Partnerships • B. Waivers to extend the period of Arizona Department of Education program awarded under Title II, Part B • availability of SIG funds. California Department of Education of the ESEA. • Florida Department of Education Provision waived: Tydings 1. Extended the period of availability • of FY 2009 SIG funds awarded under Hawaii State Department of Education Amendment, section 421(b) of GEPA (20 • Illinois State Board of Education U.S.C. 1225(b)). section 1003(g) of the ESEA. • Provision waived: Tydings Iowa Department of Education Waiver applicant: • Maine Department of Education Amendment, section 421(b) of GEPA (20 • Illinois State Board of Education • Maryland State Department of U.S.C. 1225(b)). Education III. Waivers of School Eligibility Waiver applicants: • Michigan Department of Education Requirements and Definition of • Georgia Department of Education • Minnesota Department of Education • ‘‘Persistently Lowest-Achieving New York State Education • Mississippi Department of Education Schools’’ Department • Missouri Department of Elementary Waivers to replace the list of Tier I, • Texas Education Agency and Secondary Education Tier II, and Tier III schools with the 2. Extended the period of availability • New Hampshire Department of State’s list of priority schools and to of FY 2010 SIG funds awarded under Education replace the definition of ‘‘persistently section 1003(g) of the ESEA. • New Jersey Department of Education Provision waived: Tydings • New Mexico Public Education lowest-achieving schools’’ with the Amendment, section 421(b) of GEPA (20 Department State’s definition of ‘‘priority schools.’’ Provisions waived: Sections I.A.1 and U.S.C. 1225(b)). • New York State Education Waiver applicants: Department I.A.3 of the SIG final requirements, 75 • • North Dakota Department of Public FR 66363. Arkansas Department of Education Waiver applicants: • Idaho State Department of Education Instruction • • Ohio Department of Education • California Department of Education Illinois State Board of Education • • • Iowa Department of Education Oklahoma State Department of Connecticut State Department of • Louisiana Department of Education Education Education • • Oregon Department of Education • Delaware Department of Education Mississippi Department of Education • • • Nebraska Department of Education Pennsylvania Department of Florida Department of Education • Education • Idaho State Department of Education New Hampshire Department of • • Education Puerto Rico Department of Education Illinois State Board of Education • South Dakota Department of • • New Jersey Department of Education New Mexico Public Education Education • New Mexico Public Education Department • Tennessee Department of Education • Department South Dakota Department of • Texas Education Agency • New York State Education Education • Utah State Office of Education Department • IV. Waivers Allowing SEAs To Approve • Virginia Department of Education Oklahoma State Department of • Washington Office of the Schools or LEAs Identified as in Need Education of Improvement To Become SES • Superintendent of Public Instruction Texas Education Agency • West Virginia Department of Providers 3. Extended the period of availability Education Waivers permitting SEAs to approve a of FY 2011 SIG funds awarded under • Wisconsin Department of Public school or LEA identified for section 1003(g) of the ESEA. Instruction improvement, corrective action, or Provision waived: Tydings 5. Extended the period of availability restructuring to serve as an SES Amendment, section 421(b) of GEPA (20 provider. U.S.C. 1225(b)). of FY 2013 SIG funds awarded under section 1003(g) of the ESEA. Provisions waived: 34 CFR Waiver applicants: 200.47(b)(1)(iv)(A) and (B). • Provision waived: Tydings Delaware Department of Education Amendment, section 421(b) of GEPA (20 Waiver applicants: • Hawaii State Department of Education • • U.S.C. 1225(b)). California Department of Education Maine Department of Education Waiver applicants: • Illinois State Board of Education • Michigan Department of Education • Alaska Department of Education and • Montana Office of Public Instruction • Minnesota Department of Education Early Development • North Dakota Office of Public • Mississippi Department of Education • Tennessee Department of Education Instruction • New Jersey Department of Education • Wisconsin Department of Public • Washington Office of the • Pennsylvania Department of Instruction Superintendent of Public Instruction Education • Wyoming Department of Education • Puerto Rico Department of Education C. Waiver to extend the period of • Rhode Island Department of availability of FY 2012 funds received V. Waivers Allowing Substitution of Education under section 1003(g) of the ESEA and State Academic Standards and • Tennessee Department of Education included in Consolidated Grant funds Assessments • for Insular Areas. Wisconsin Department of Public Provisions waived: Section Provision waived: Tydings Instruction 1111(b)(1)(B), (b)(3)(A), (b)(3)(C)(i), and Amendment, section 421(b) of GEPA (20 4. Extended the period of availability (b)(3)(C)(ii) of the ESEA, and 34 CFR U.S.C. 1225(b)). of FY 2012 SIG funds awarded under 200.1(a)(1). Waiver applicant: section 1003(g) of the ESEA. • A. One-year waiver of the statutory Provision waived: Tydings Virgin Islands Department of and regulatory requirements under Title Amendment, section 421(b) of GEPA (20 Education I, Part A of the ESEA that required U.S.C. 1225(b)). D. Waiver to extend the period of States to apply the same academic Waiver applicants: availability of FY 2012 funds for the content and academic achievement

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standards to, and to use the same • Rhode Island Department of and definitions, published in the academic assessment for, all public Education Federal Register on June 14, 2012 (77 schools and public school children in D. Waiver permitting students with FR 35785). the State. the most significant cognitive Waiver applicants: Waiver applicants: disabilities within the State to take only • • California Department of Education one assessment in each content area in Achievement First (Connecticut) • Connecticut State Department of 2013–2014—either the current State • Alliance Collins Family College- Education alternate assessments based on alternate Ready High School (California) • Idaho State Department of Education academic achievement standards or the • • Illinois State Board of Education Alternatives in Action High School • field test of new alternate assessments. (California) Iowa Department of Education Waiver applicants: • Kansas State Department of Education • • Aspire Vanguard College Preparatory • Idaho State Department of Education Maryland State Department of • Kansas State Department of Education Academy (California) Education • Mississippi Department of Education • • Massachusetts Department of Delhi Unified School District E. Waiver permitting a State to Elementary and Secondary Education (California) administer the high school exit • Mississippi Department of Education • Lucia Mar Unified School District examination to high school students in • Nevada Department of Education (California) • grade 10 and the alternate performance New York State Department of • National Board for Professional Education assessment to students with the most Teaching Standards (Virginia) • Ohio Department of Education significant cognitive disabilities. • Oklahoma State Department of Waiver applicant: • New Haven Public School System • Education California Department of Education (Connecticut) • Oregon Department of Education VI. AMAO Determinations Under ESEA • • Northern Humboldt Union High Rhode Island Department of Title III School District (California) Education • • South Dakota Department of One-year waiver to allow the SEA to Maine School Administrative District Education use, for purposes of AMAO 3, the same No. 11 (Maine) • targets used in the growth component of Vermont Agency of Education Accessible Format: Individuals with • Washington Office of the its State-developed differentiated disabilities can obtain this document in Superintendent of Public Instruction recognition, accountability, and support an accessible format (e.g., Braille, large B. Waiver permitting students (except system in reading, writing, and mathematics, in place of the State’s print, audiotape, or compact disc) on those with the most significant cognitive request to the program contact person disabilities) to take only one assessment AMOs. Provision waived: Section listed under FOR FURTHER INFORMATION in each content area in 2013–2014— 3122(a)(3)(A)(iii) of the ESEA. CONTACT. either the current State assessment or Waiver applicants: the full form of the field test of the new • Electronic Access to This Document: Nevada Department of Education The official version of this document is assessments aligned to college- and • Oregon Department of Education career-ready standards. the document published in the Federal Waiver applicants: VII. Waivers Regarding Public School Register. Free internet access to the • California Department of Education Choice Notice official edition of the Federal Register • Connecticut State Department of Allowed a State to postpone notice of and the Code of Federal Regulations is Education public school choice options beyond 14 available via the Federal Digital System • Idaho State Department of Education days before the start of the school year at: www.gpo.gov/fdsys. At this site you • Illinois State Board of Education to parents of eligible children attending can view this document, as well as other • Iowa Department of Education schools that were newly identified for • documents of this Department Maryland State Department of improvement or made AYP in the published in the Federal Register, in Education previous year, but did not exit text or Portable Document Format • Massachusetts Department of improvement status. (PDF). To use PDF you must have Elementary and Secondary Education Provisions waived: Section • Adobe Acrobat Reader, which is Nevada Department of Education 1116(b)(1)(E)(i) of the ESEA and 34 CFR • Oregon Department of Education available free at the site. • 200.37(b)(4)(iv). South Dakota Department of Waiver applicant: You may also access documents of the Education • Wyoming Department of Education Department published in the Federal • Vermont Agency of Education Register by using the article search • Washington Office of the VIII. Waiver of Application feature at: www.federalregister.gov. Superintendent of Public Instruction Requirements for the TIF Program Specifically, through the advanced C. Waiver permitting the State to Waiver of two TIF requirements, search feature at this site, you can limit assess students who were not yet permitting: (1) LEAs to use results of your search to documents published by enrolled in high school but who took State assessments as the measure of the Department. advanced, high school level coursework student growth for the performance Dated: October 3, 2017. with the corresponding advanced, high evaluations for teachers of tested grades school level assessment alone. and subjects, and (2) eligibility for TIF- Jason Botel, Waiver applicants: funded performance-based Acting Assistant Secretary for Elementary and • New York State Department of compensation to be based on results of Secondary Education. Education evaluations that include such a measure [FR Doc. 2017–21620 Filed 10–5–17; 8:45 am] • Ohio Department of Education of student growth. BILLING CODE 4000–01–P • Oklahoma State Department of Provision waived: Priority 2 of the TIF Education notice of final priorities, requirements,

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DEPARTMENT OF EDUCATION (b) 30 waivers relating to SIG program the requirement for States to use the requirements: Three waivers of the same academic assessments to measure Notice of Waivers Granted Under requirement for SEAs to carry over 25 the achievement of all students and to Section 9401 of the Elementary and percent of their FY 2009 funds, combine determine AYP; and one waiver of the Secondary Education Act of 1965, as those funds with FY 2010 SIG funds, requirement to include all students Amended and award those funds to eligible local enrolled at the time of testing in the educational agencies (LEAs); four participation rate calculations used to AGENCY: Office of Elementary and waivers pertaining to SEAs’ requests to determine AYP; Secondary Education, Department of carry over FY 2009 and FY 2010 SIG (f) Two waivers relating to Education. funds and to award those funds to LEAs determining eligible school attendance ACTION: Notice. through a competition conducted during areas: One waiver of the requirement the 2011–2012 school year; four waivers that an eligible school attendance area SUMMARY: In this notice, we announce based on the determination that an SEA have a percentage of children from low- the waivers that the U.S. Department of would not be able to submit an income families that is at least as high Education (Department) granted during approvable application prior to as the percentage of children from low- calendar year 2011 under the waiver September 30, 2011, and, as a result, income families served by the LEA as a authority of the Elementary and absent the waiver, its FY 2010 SIG funds whole; Secondary Education Act of 1965, as would expire and the SEA would not be (g) One waiver of the requirement that amended by the No Child Left Behind able to support interventions in its not more than five percent of funds be Act of 2001 (ESEA). persistently lowest-achieving schools; used to provide financial incentives and The ESEA requires that the and 19 waivers granting additional time rewards to teachers; Department publish in the Federal to meet the teacher and principal (h) One waiver to allow an LEA to Register, and disseminate to interested evaluation requirement for schools in operate a schoolwide program even parties, a notice of its decision to grant the first (2010–2011 school year) and though its percentage of students from a waiver of statutory or regulatory second (2011–2012 school year) cohorts low-income families is less than 40 requirements under the ESEA. Between of SIG grants; percent; and 2011 and 2016, the Department granted (c) Five waivers of requirements (i) One waiver of the Teacher more than 800 waivers of statutory or related to State academic assessments Incentive Fund (TIF) program absolute regulatory requirements to State and school improvement: Three waivers priority requirement in the notice educational agencies (SEAs) but allowing LEAs to waive the requirement inviting applications (NIA) that requires neglected to comply with the ESEA’s to use State academic assessments and each TIF grantee to develop a rigorous publication and dissemination other academic indicators to review evaluation system for teachers and requirements. This notice is intended to progress to determine whether a school principals, and of one of the five core fulfill the Department’s obligation to is making adequate yearly progress elements in the NIA. publicize its waiver decisions by (AYP); one waiver of the requirement to Waiver Data identifying the waivers granted during ensure that the results of State academic 2011. assessments are available to LEAs before I. Extensions of the Obligation Period FOR FURTHER INFORMATION CONTACT: Kia the beginning of the school year A. Waivers granted for ESEA State- Weems, U.S. Department of Education, following the one in which the administered formula grant programs 400 Maryland Avenue SW., Room assessments were administered; and one that extended until September 30, 2012, 3W341, Washington, DC 20202. waiver of the deadline to identify the period of availability for FY 2009 Telephone: (202) 260–2221 or by email: schools for improvement, corrective funds awarded under Public Law 111– [email protected]. action, or restructuring; 8, the Department of Education If you use a telecommunications (d) 41 waivers of requirements related Appropriations Act, 2009. device for the deaf (TDD) or a text to supplemental educational services Provision waived: Tydings telephone (TTY), call the Federal Relay (SES) and public school choice: 22 Amendment, section 421(b) of the Service (FRS), toll free, at 1–800–877– waivers to permit SEAs to approve a General Education Provisions Act 8339. school or LEA identified for (GEPA) (20 U.S.C. 1225(b)). improvement, corrective action, or Waiver applicants, approved dates, SUPPLEMENTARY INFORMATION: In 2011, restructuring to serve as an SES and affected programs: the Department granted a total of 157 provider; 16 waivers of the requirement • Arizona Department of Education, waivers under the waiver authority in for LEAs to spend an amount equal to December 15, 2011, Title I, Part A; Title section 9401 of the ESEA. We granted: 20 percent of their Title I allocation on I, Part C; Title II, Part B; Title II, Part D; (a) 67 Waivers extending the period in SES and transportation for public school and Title VI, Section 6111; which funds were available for choice; and three waivers of the • California Department of Education, obligation: 28 waivers extending the requirement for LEAs to provide parents December 19, 2011, Title II, Part D; period for ESEA State-administered of eligible students with notice of their • Colorado Department of Education, formula grant programs that received public school choice options at least 14 November 29, 2011, Title I, Part A; Title fiscal year (FY) 2009 funds made days before the start of the school year; I, Part B, Subpart 3; Title I, Part C; Title available under Public Law 111–8, the (e) Nine waivers relating to the II, Part A; Title II, Part D; Title III, Part Department of Education requirement that each State plan A; Title IV, Part A; Title IV, Part B; and Appropriations Act, 2009; 25 waivers demonstrate the adoption of challenging Title VI, Section 6111; for ESEA State-administered formula academic content standards and • District of Columbia Office of the grant programs that received FY 2009 challenging student academic State Superintendent of Education, funds made available under Public Law achievement standards: six waivers of December 15, 2011, Title I, Part A; Title 111–5, the American Recovery and the annual requirement that the I, Part D; Title II, Part A; Title II, Part Reinvestment Act of 2009 (ARRA); and assessments administered be aligned B; Title II, Part D; Title III, Part A; Title 14 waivers for School Improvement with the State’s academic content and IV, Part A; Title IV, Part B; and Title VI, Grants (SIG) funds; achievement standards; two waivers of Section 6111;

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• Florida Department of Education, • Oklahoma State Department of • Kansas Department of Education, December 15, 2011, Title II, Part B; Title Education, November 28, 2011, Title IV, November 14, 2011, Title I, Part A II, Part D; and Title IV, Part A; Part A; (ARRA); • Indiana Department of Education, • Puerto Rico Department of • Louisiana Department of Education, November 28, 2011, Title I, Part C; Title Education, December 19, 2011, Title I, December 15, 2011, Title I, Part A II, Part D; and Title IV, Part A; Part A; Title I, Part B, Subpart 3; Title (ARRA); and Title II, Part D (ARRA); • • Kansas Department of Education, I, Part D; Title II, Part A; Title II, Part Maine Department of Education, November 14, 2011, Title IV, Part A; and B; Title II, Part D; Title III, Part A; Title December 19, 2011, Title I, Part A IV, Part A; Title IV, Part B; and Title VI, (ARRA); and Title II, Part D (ARRA); Title IV, Part B; • • Section 6111; Maryland Department of Education, Louisiana Department of Education, • November 21, 2011, Title I, Part A December 15, 2011, Title I, Part A; Title Rhode Island Department of Education, November 28, 2011, Title II, (ARRA); and Title II, Part D (ARRA); I, Part B, Subpart 3; Title I, Part C; Title • Part D; Michigan Department of Education, I, Part D; Title II, Part A; Title II, Part • November 29, 2011, Title I, Part A B; Title II, Part D; Title III, Part A; and South Carolina Department of Education, December 18, 2011, Title II, (ARRA); and Title II, Part D (ARRA); Title IV, Part A; • Minnesota Department of • Part B; Maine Department of Education, • Tennessee Department of Education, November 14, 2011, Title I, December 19, 2011, Title I, Part C; Education, November 28, 2011, Title I, Part A (ARRA); and Title II, Part D • Maryland Department of Education, (ARRA); Part A (including funds reserved for • November 21, 2011, Title I, Part A; Title State Academic Achievement Awards Nebraska Department of Education, II, Part B; Title II, Part D; Title III, Part program authorized in section November 22, 2011, Title I, Part A A; and Title IV, Part A; 1117(c)(2)(A) of the ESEA and school (ARRA); and Title II, Part D (ARRA); • • Nevada Department of Education, Michigan Department of Education, improvement activities authorized in December 15, 2011, Title I, Part A November 29, 2011, Title I, Part A; Title section 1003(a) of the ESEA); Title II, (ARRA); I, Part D; Title II, Part D; and Title IV, Part D; and Title IV, Part A; • Part A; • New Hampshire Department of Vermont Agency of Education, Education, December 15, 2011, Title I, • Minnesota Department of December 15, 2011, Title IV, Part A; Part A (ARRA); and Title II, Part D Education, November 14, 2011, Title I, • Virginia Department of Education, (ARRA); Part A; Title I, Part C; Title II, Part A; December 15, 2011, Title I, Part A; Title • New Jersey Department of Title II, Part B; Title II, Part D; Title III, I, Part B, Subpart 3; Title I, Part D; Title Education, November 28, 2011, Title I, Part A; Title IV, Part A; and Title VI, II, Part A; Title II, Part B; Title II, Part Part A (ARRA); and Title II, Part D Section 6111; D; Title III, Part A; Title IV, Part A; and (ARRA); • Nebraska Department of Education, Title IV, Part B; • • New Mexico Public Education November 22, 2011, Title I, Part A; Title Washington Office of the Department, December 19, 2011, Title I, I, Part C ; Title I, Part C (Migrant Superintendent of Public Instruction, Part A (ARRA); and Title II, Part D Education Consortium Incentive December 15, 2011, Title I, Part B, (ARRA); Grants); Title I, Part C (Migrant Subpart 3; and Title II, Part A; and • North Carolina Department of • Education Data Quality Grants); Title II, Wyoming Department of Education, Public Instruction, November 14, 2011, Part A; Title II, Part D; Title III, Part A; December 19, 2011, Title I, Part A. Title I, Part A (ARRA); and Title IV, Part A; B. Waivers granted for ESEA State- • North Dakota Department of Public • Nevada Department of Education, administered formula grant programs Instruction, December 19, 2011, Title I, December 15, 2011, Title I, Part A; and that extended until September 30, 2012, Part A (ARRA); and Title II, Part D Title II, Part D; the period of availability for FY 2009 (ARRA); • New Hampshire Department of funds awarded under Public Law 111– • Puerto Rico Department of Education, December 15, 2011, Title I, 5, ARRA. Education, December 19, 2011, Title I, Part A; Title I, Part B, Subpart 3; Title Provision waived: Tydings Part A (ARRA); and Title II, Part D I, Part C; Title I, Part D; Title II, Part A; Amendment, section 421(b) of GEPA (20 (ARRA); Title II, Part D; Title III, Part A; Title IV, U.S.C. 1225(b)). • Tennessee Department of Part A; and Title IV, Part B; Waiver applicants, approved dates, Education, November 28, 2011, Title I, and affected programs: Part A (ARRA); and Title II, Part D • New Jersey Department of • Arizona Department of Education, (ARRA); Education, November 28, 2011, Title I, December 15, 2011, Title I, Part A • Part C (Migrant Education Consortium Vermont Agency of Education, (ARRA); and Title II, Part D (ARRA); December 15, 2011, Title I, Part A Incentive Grants); Title I, Part C • California Department of Education, (ARRA); and Title II, Part D (ARRA); (Migrant Education Student Information December 19, 2011, Title I, Part A • Exchange Data Quality Grants); and Virginia Department of Education, (ARRA); and Title II, Part D (ARRA); December 15, 2011, Title I, Part A Title IV, Part A; • Colorado Department of Education, • (ARRA); and Title II, Part D (ARRA); New Mexico Public Education November 29, 2011, Title I, Part A • Washington Office of the Department, December 19, 2011, Title I, (ARRA); and Title II, Part D (ARRA); Superintendent of Public Instruction, Part B, Subpart 3; Title II, Part D; and • District of Columbia Office of the December 15, 2011, Title I, Part A Title IV, Part A; State Superintendent of Education, (ARRA); and Title II, Part D (ARRA); • North Carolina Department of December 15, 2011, Title I, Part A and Public Instruction, November 14, 2011, (ARRA); and Title II, Part D (ARRA); • Wyoming Department of Education, Title I, Part C; and Title IV, Part A; • Florida Department of Education, December 19, 2011, Title II, Part D • North Dakota Department of Public December 15, 2011, Title I, Part A (ARRA). Instruction, December 19, 2011, Title I, (ARRA); and Title II, Part D (ARRA); C. Waivers of SIG Requirements. Part A; Title I, Part B, Subpart 3; Title • Indiana Department of Education, 1. Extended the period of availability II, Part A; Title II, Part B; Title II, Part November 28, 2011, Title I, Part A of FY 2008 SIG funds awarded under D; Title IV, Part A; and Title IV, Part B; (ARRA); section 1003(g) of the ESEA.

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Provision waived: Tydings • New Mexico Public Education • Kansas Department of Education, Amendment, section 421(b) of GEPA (20 Department, March 28, 2011. September 20, 2011; U.S.C. 1225(b)). B. Waivers to carry over SIG funds. • Kentucky Department of Education, Waiver applicants and approved The waiver allowed States to carry over September 19, 2011; dates: their FY 2009 and FY 2010 SIG funds • Maine Department of Education, • Alabama Department of Education, and to award those funds to LEAs November 4, 2011; January 26, 2011; through a competition conducted during • Montana Office of Public • Colorado Department of Education, the 2011–2012 school year because their Instruction, September 15, 2011; January 18, 2011; LEAs did not have the capacity to • Nevada Department of Education, • Illinois State Board of Education, effectively plan and implement November 14, 2011; January 26, 2011; intervention models for the 2011–2012 • New Hampshire Department of • Maryland Department of Education, school year in such a short timeframe. Education, November 4, 2011; January 26, 2011; Provision waived: 75 FR 66363. • New Mexico Public Education • Massachusetts Department of Waiver applicants and approved Department, November 4, 2011; Elementary and Secondary Education, dates: • North Dakota Department of Public January 18, 2011; • Alabama Department of Education, Instruction, September 15, 2011; • Massachusetts Department of September 20, 2011; • Ohio Department of Education, • Elementary and Secondary Education, Bureau of Indian Education, September 15, 2011; May 17, 2011 (second extension); September 20, 2011; • Oklahoma State Department of • • New Hampshire Department of California Department of Education, Education, October 5, 2011; September 20, 2011; and • South Carolina Department of Education, April 13, 2011; • • New Jersey Department of Missouri Department of Elementary Education, September 29, 2011; Education, January 26, 2011; and Secondary Education, September • South Dakota Department of • Ohio Department of Education, 20, 2011. Education, September 27, 2011; January 26, 2011; and C. Waivers of SIG program • Utah State Office of Education, • Puerto Rico Department of requirement that, to receive a FY 2010 September 20, 2011; and Education, January 26, 2011. SIG grant, an SEA must have submitted • Virginia Department of Education, 2. Extended the period of availability an approvable application by a date October 5, 2011. of FY 2009 SIG funds awarded under certain. The waivers provided SEAs III. Waivers Related to State Academic section 1003(g) of the ESEA. additional time to submit their Assessment and School and LEA Provision waived: Tydings applications. Improvement Amendment, section 421(b) of GEPA (20 Provisions waived: Section 1003(g)(4) U.S.C. 1225(b)). of the ESEA; 75 FR 66363. A. Waivers of the Requirements to Waiver applicants and approved Waiver applicants and approved Make AYP Determinations. dates: dates: 1. Waiver applicant: Tennessee • Hawaii Department of Education, • Arizona Department of Education, Department of Education September 21, 2011; • Provisions waived: Section January 24, 2011. • Rhode Island Department of 3. Extended the period of availability 1116(a)(1)(A) and (c)(1)(A) of the ESEA; Education, September 20, 2011; 34 CFR 200.30 and 200.50(a). of FY 2010 SIG funds awarded under • Tennessee Department of • Date waiver granted: January 24, section 1003(g) of the ESEA. Education, September 20, 2011; and 2011. Provision waived: Tydings • Vermont Agency of Education, • Description of waiver: A waiver of Amendment, section 421(b) of GEPA (20 September 21, 2011. U.S.C. 1225(b)). D. Waivers granting additional time to the requirements to use the State’s Waiver applicants and approved meet teacher and principal evaluation academic assessments and other dates: requirements (cohorts 1 and 2 SIG academic indicators described in the • Missouri Department of Elementary schools). The waivers allowed SEAs to State plan to review progress to and Secondary Education, September permit an LEA that was implementing a determine whether Harpeth High School 20, 2011; and Houston County High School were • transformation model with SIG funds Nebraska Department of Education, during the 2010–2011 school year to making AYP for the 2009–2010 school July 25, 2011; and year. • have additional time to meet the teacher Pennsylvania Department of and principal evaluation requirement in 2. Waiver applicant: West Virginia Education, December 13, 2011. schools that were not able to do so that Department of Education • Provisions waived: Section II. Waivers of SIG Requirements year. Provisions waived: Section 1003(g) of 1116(a)(1)(A) of the ESEA; 34 CFR A. Waivers of SIG program final 200.30. the ESEA; Section I.A.2(d)(1)(i)(B) of the • requirement to carry over 25 percent of SIG final requirements. Date waiver granted: August 1, FY 2009 funds. The waivers permitted 2011. Waiver applicants and approved • applicants to combine those funds with dates: Description of waiver: A one-year FY 2010 SIG funds and award those • Alaska Department of Education waiver of the requirement to use results funds to eligible LEAs consistent with and Early Development, September 15, of the statewide assessment to make the final requirements. 2011; AYP determinations for Kenova Provisions waived: Section 1003(g) of • Arizona Department of Education, Elementary School. the ESEA; 75 FR 66363. September 15, 2011; B. Waivers of SEA Requirement to Waiver applicants and approved • Arkansas State Department of Make Academic Assessment Results dates: Education, September 15, 2011; Available to LEAs. • Minnesota Department of • Delaware Department of Education, 1. Waiver applicant: Kentucky Education, June 13, 2011; October 5, 2011; Department of Education • Montana Office of Public • Iowa Department of Education, • Provision waived: Section Instruction, August 2, 2011; and September 15, 2011; 1116(a)(2) of the ESEA.

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• Date waiver granted: March 25, schools for improvement, corrective • Oklahoma State Department of 2011. action, or restructuring no later than the Education, May 3, 2011; • Description of waiver: A one-year beginning of the school year following • Rhode Island Department of waiver of the requirement in section the failure to make AYP. This waiver Education, June 30, 2011; 1116(a)(2) of the ESEA that a State make applied only to high schools. • South Carolina Department of available the results of State academic E. Waivers of Deadline Requirement Education, August 1, 2011; assessments to LEAs before the for Public School Choice for Schools • South Dakota Department of beginning of the school year following Identified for School Improvement. Education, June 29, 2011; the one in which the assessments were Specific LEAs were provided a one-year • Twin Rivers Unified School administered. waiver of the requirement that they District, April 5, 2011 (a two-year C. Waivers to Reverse Timeline for provide parents of eligible students with waiver to allow Twin Rivers Unified Offering SES and Public School Choice. notice of their public school choice School District to be eligible to apply to The waivers allowed LEAs to offer SES options at least 14 days before the start serve as an SES provider in the 2010– to eligible Title I schools in year one of of the school year. 2011 and 2011–2012 school years even school improvement instead of public Provisions waived: Section though it was identified for school choice, and count the costs of 1116(b)(1)(E)(i) of the ESEA; 34 CFR improvement); providing SES to these students toward 200.37(b)(4)(iv). • Virginia Department of Education, the LEAs’ 20 percent obligation. Waiver applicants and approved July 25, 2011; Provisions waived: Section dates: • Washington Office of the 1116(b)(10) of the ESEA; 34 CFR 200.48. • Colorado Department of Education, Superintendent of Public Instruction, Waiver applicants and approved May 6, 2011; July 25, 2011; and dates: • Kentucky Department of Education, • Wisconsin Department of Public • Alabama Department of Education, March 25, 2011; and Instruction, November 4, 2011. • July 25, 2011; Washington Office of the V. Waiver of State Plan Requirements • Alaska Department of Education, Superintendent of Public Instruction, Relating to Academic Assessments May 6, 2011; June 30, 2011. • California Department of Education, A. Waivers of the Requirements that IV. Waivers Allowing SEAs To Approve July 25, 2011; Annual Assessments Align with State • Connecticut State Department of Schools or LEAs Identified for Academic Content and Achievement Education, November 4, 2011; Improvement To Become SES Providers Standards and that All Students Be • Delaware Department of Education, and Waivers Permitting Certain LEAs Assessed in Mathematics in High July 25, 2011; Identified for Improvement or School. • Maryland Department of Education, Corrective Action To Apply to Their 1. Waiver applicant: Florida July 28, 2011; SEA To Serve as an SES Provider in the Department of Education • Massachusetts Department of 2011–2012 School Year • Provisions waived: Section Elementary and Secondary Education, Provisions waived: 34 CFR 1111(b)(3)(C)(v)(1)(cc) and (b)(3)(C)(ix) June 30, 2011; 200.47(b)(1)(iv)(A) and (B). of the ESEA; 34 CFR 200.5(a)(2)(ii) and • Minnesota Department of Waiver applicants and approved 200.6. Education, August 15, 2011; dates: • Date waiver granted: January 19, • Missouri Department of Elementary • Alaska Department of Education, 2011. and Secondary Education, September May 6, 2011; • Description of waiver: A one-time 15, 2011; • California Department of Education, waiver of the requirement to assess all • New Mexico Public Education July 25, 2011; students at least once in grades 10 Department, November 4, 2011; • Colorado Department of Education, through 12 in mathematics. • North Carolina Department of July 25, 2011; 2. Waiver applicant: Kansas Public Instruction, August 29, 2011; • Connecticut Department of Department of Education • Ohio Department of Education, Education, November 4, 2011; • Provisions waived: Section August 23, 2011; • Delaware Department of Education, 1111(b)(3)(C)(ii) of the ESEA; 34 CFR • Oklahoma State Department of July 25, 2011; 200.2(b)(3)(i). Education, September 22, 2011; • Florida Department of Education, • Date waiver granted: April 5, 2011. • South Dakota Department of September 28, 2011; • Description of waiver: A one-year Education, June 29, 2011; • Massachusetts Department of waiver, with respect to McPherson • Virginia Department of Education, Elementary and Secondary Education, Unified School District, of the statutory July 25, 2011; and June 30, 2011; and regulatory requirements under Title • Washington Office of the • Minnesota Department of I, Part A of the ESEA that required the Superintendent of Public Instruction, Education, August 15, 2011; assessments administered to be aligned July 25, 2011. • Missouri Department of Elementary with the State’s academic content and D. Waivers of Requirement to Identify and Secondary Education, September achievement standards. Schools for Improvement Before the 15, 2011; 3. Waiver applicant: Tennessee Start of the School Year. • Montana Office of Public Department of Education 1. Waiver applicant: Washington Instruction, July 25, 2011; • Provisions waived: Section Office of the Superintendent of Public • New Mexico Public Education 1111(b)(3)(A), (b)(3)(C)(v)(II), and Instruction Department, November 4, 2011; (b)(3)(C)(vii) of the ESEA; 34 CFR • Provisions waived: Section • New York State Education 200.2(a)(1), 200.5(a)(2), and 200.5(b). 1116(b)(1)(B) of the ESEA; 34 CFR Department, February 10, 2011; • Date waiver granted: January 24, 200.32(a)(2). • North Dakota Department of Public 2011. • Date waiver granted: June 30, 2011. Instruction, June 6, 2011; • Description of waiver: A waiver of • Description of waiver: A one-time • Ohio Department of Education, the requirement to assess Harpeth High waiver of the requirement to identify August 23, 2011; School and Houston County High

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School students annually in reading/ VI. Waivers of Eligible School • Date waiver granted: July 11, 2011. language arts, mathematics, and science Attendance Area Requirements • Description of waiver: Waiver of two requirements of TIF: (1) Absolute for the 2009–2010 school year. A. Waivers of Requirements for 4. Waiver applicant: West Virginia Priority 1 in the NIA that required each Determining Eligible School Attendance Department of Education TIF grantee to develop a rigorous Areas. • Provisions waived: Section evaluation system for teachers and 1. Waiver applicant: Keene School 1111(b)(3)(A) of the ESEA; 34 CFR principals that took into account District 200.2(a)(1). student growth as a significant measure • Provision waived: Section • Date waiver granted: August 1, and multiple classroom observations; 1113(a)(2)(B) of the ESEA. 2011. and (2) one of the required five core • Date waiver granted: June 29, 2011. • Description of waiver: A one-year elements in the NIA, each of which was • Description of waiver: A waiver for waiver of the requirement to assess to have been in place before a grantee four years, beginning in school year students in reading/language arts, could make incentive payments using 2011–2012, of the requirements mathematics, and science at Kenova TIF funds (75 FR 28741). Elementary School, which closed during concerning Title I school eligibility to Accessible Format: Individuals with the spring 2011 testing window because ensure continuity of Title I services for disabilities can obtain this document in of structural safety issues caused by eligible children in Daniels Elementary an accessible format (e.g., braille, large flooding. School and Symonds Elementary print, audiotape, or compact disc) on B. Waivers of the State Requirements School. This waiver enabled both request to the program contact person schools to continue offering Title I to Use the Same Academic listed under FOR FURTHER INFORMATION programs to their eligible students Measurement Assessments to Measure CONTACT. the Achievement of All Students and to without the interruption caused by Electronic Access to This Document: Determine AYP. small demographic changes that affected The official version of this document is Provisions waived: Section eligibility for Title I. the document published in the Federal 1111(b)(3)(A) and (b)(3)(C)(i) of the B. Waiver of the Limitation on Register. Free internet access to the ESEA; 34 CFR 200.2(b)(1). Reserving Funds for Financial official edition of the Federal Register Waiver applicants and approved Incentives and Rewards. and the Code of Federal Regulations is dates: 1. Waiver applicant: Hillsborough available via the Federal Digital System • Kansas Department of Education, County Public Schools • at: www.gpo.gov/fdsys. At this site you April 5, 2011 (a one-year waiver with Provision waived: Section can view this document, as well as other respect to McPherson Unified School 1113(c)(4) of the ESEA. • documents of this Department District of the statutory and regulatory Date waiver granted: August 1, published in the Federal Register in text requirements under Title I, Part A of the 2011. • or Portable Document Format (PDF). To ESEA that required the State to use the Description of waiver: A one-year use PDF you must have Adobe Acrobat same academic assessments to measure waiver of the 5 percent cap on the Reader, which is available free at the the achievement of all students and to amount of Title I funds that an LEA site. determine AYP); and reserve for financial incentives and You may also access documents of the • Washington Office of the awards so that Hillsborough County Department published in the Federal Superintendent of Public Instruction, Public Schools could reserve up to 8.8 Register by using the article search June 30, 2011. A one-year waiver of the percent of their FY 2011 Title I, Part A feature at: www.federalregister.gov. statutory and regulatory requirements allocation for such purposes. Specifically, through the advanced under Title I, Part A of the ESEA that VII. Waiver of the Requirements for search feature at this site, you can limit required the State to use the same Schoolwide Programs your search to documents published by academic assessments to measure the the Department. achievement of all students and to A. Waiver of the 40 Percent Poverty determine AYP. Threshold for Schoolwide Programs. Dated: October 3, 2017. C. Waivers of the Requirement to 1. Waiver applicant: Aberdeen Public Jason Botel, Include All Students Enrolled at the School District 6–1 Acting Assistant Secretary for Elementary and Time of Testing in the Participation • Provision waived: Section Secondary Education. Rate Calculations. 1114(a)(1) of the ESEA. [FR Doc. 2017–21622 Filed 10–5–17; 8:45 am] 1. Waiver applicant: Florida • Date waiver granted: November 4, BILLING CODE 4000–01–P Department of Education 2011. • Provisions waived: Section • Description of waiver: A waiver to 1111(b)(2)(I)(ii) of the ESEA; 34 CFR allow Simmons Elementary School to DEPARTMENT OF EDUCATION 200.20(c)(1)(i). operate a schoolwide program even • Date waiver granted: January 19, though its percentage of students from Notice of Waivers Granted Under 2011. low-income families was less than 40 Section 9401 of the Elementary and • Description of waiver: A waiver of percent, effective for four years or until Secondary Education Act of 1965, as the requirement to include all students the reauthorization of the ESEA, Amended enrolled at the time of testing in the whichever came first. AGENCY: Office of Elementary and participation rate calculations used to Secondary Education, Department of determine AYP. This waiver authorized VIII. Waivers Regarding Teacher Incentive Fund (TIF) Requirements Education. Florida to exclude students who took ACTION: Notice. Algebra I as 6th, 7th, or 8th graders A. Waiver of Application during school years 2007–2008 through Requirements for the TIF Program. SUMMARY: In this notice, we announce 2009–2010 from participation rate 1. Waiver applicant: Community the waivers that the U.S. Department of calculations used in determining AYP Training and Assistance Center Education (Department) granted during based on assessment results from the • Provision waived: Section 9401 of calendar year 2013 under the waiver relevant school year. the ESEA. authority of the Elementary and

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Secondary Education Act of 1965, as 7. Flexibility for Reward Schools; I. ESEA Flexibility Waivers amended by the No Child Left Behind 8. Flexibility Regarding Highly A. Flexibility Regarding the 2013–2014 Act of 2001 (ESEA), including waivers Qualified Teacher (HQT) Improvement Timeline for Determining AYP related to flexibilities granted to States Plans; in exchange for State-led reforms (ESEA 9. Flexibility to Transfer Certain The Department waived the flexibility). Funds; and requirements in section 1111(b)(2)(E)– The ESEA requires that the 10. Flexibility to Use School (H) of the ESEA that prescribe how an Department publish in the Federal Improvement Grant (SIG) Funds to SEA establishes AMOs for determining Register, and disseminate to interested Support Priority Schools. AYP to ensure that all students met or exceeded the State’s proficient level of parties, a notice of its decision to grant In addition to waiving the ten academic achievement on the State’s a waiver of statutory or regulatory provisions listed above, the Department assessments in reading/language arts requirements under the ESEA. Between granted three optional waivers under and mathematics no later than the end 2011 and 2016, the Department granted ESEA flexibility related to the following: more than 800 waivers of statutory or of the 2013–2014 school year. Under 1. Waivers of the 21st Century regulatory requirements to State this waiver, an SEA no longer needed to Community Learning Centers (21st educational agencies (SEAs) but follow the statutory procedures for CCLC) requirement to provide services neglected to comply with the ESEA’s setting AMOs to use in determining during non-school hours or when school publication and dissemination AYP. Instead, an SEA had flexibility to is not in session; requirements. This notice is intended to develop new ambitious but achievable fulfill the Department’s obligation to 2. Waivers of the requirement to make AMOs in reading/language arts and publicize its waiver decisions by AYP determinations; and mathematics in order to provide identifying the waivers granted during 3. Waivers of requirements pertaining meaningful goals to guide support and 2013. to Title I, Part A within-district improvement efforts for the State, LEAs, allocations. schools, and student subgroups. FOR FURTHER INFORMATION CONTACT: Kia (b) 119 waivers extending the period Provisions waived: Section Weems, U.S. Department of Education, in which funds were available for 1111(b)(2)(E)–(H) of the ESEA. 400 Maryland Avenue SW., Room obligation: 30 waivers extending the Waiver Applicants: 3W341, Washington, DC 20202. period for State-administered ESEA • Alabama State Department of Telephone: (202) 260–2221 or by email: formula grant programs that received [email protected]. Education fiscal year (FY) 2011 funds under the • Alaska Department of Education and If you use a telecommunications regular appropriation or FY 2009 funds device for the deaf (TDD) or a text Early Development under the American Recovery and • Arizona Department of Education telephone (TTY), call the Federal Relay Reinvestment Act (ARRA), one waiver • Georgia Department of Education Service (FRS), toll free, at 1–800–877– extending the period for the 21st CCLC, • Hawaii State Department of Education 8339. 84 waivers for school improvement • Kansas State Department of Education SUPPLEMENTARY INFORMATION: In 2013, activities, and four waivers extending • Maine Department of Education the Department granted waivers through the period for the Striving Readers • Nevada Department of Education an initiative known as ESEA flexibility Comprehensive Literacy Formula Grant • New Hampshire Department of to 45 States under the waiver authority Program funds; Education • in section 9401 of the ESEA, in (c) Three waivers allowing SEAs to Ohio Department of Education exchange for a rigorous and • Oregon Department of Education approve schools or LEAs identified as in • comprehensive State-developed plan need of improvement to become Pennsylvania Department of designed to improve student academic Education supplemental educational services (SES) • achievement and increase the quality of providers; Puerto Rico Department of Education 1 • Texas Education Agency instruction. The Department also (d) Two waivers pertaining to school • granted individual waivers to certain Washington Office of the eligibility requirements and the Superintendent of Public Instruction States under the waiver authority in definition of persistently lowest- • section 9401 of the ESEA. West Virginia Department of achieving schools; Education We granted: (e) Eight waivers of requirements (a) ESEA Flexibility: The Department related to State academic standards or B. Flexibility in Implementation of granted the following ten waivers to 45 assessments: Three waivers allowing School Improvement Requirements SEAs under ESEA flexibility: extensions of the growth model pilot; The Department waived the 1. Flexibility Regarding the 2013– four waivers related to the substitution requirements in section 1116(b) of the 2014 Timeline for Determining of standards or assessments; and one ESEA for an LEA to identify for Adequate Yearly Progress (AYP); waiver permitting the use of annual improvement, corrective action, or 2. Flexibility in Implementation of measureable achievement objectives restructuring, as appropriate, a Title I School Improvement Requirements; (AMOs) to make AYP determination school that failed, for two consecutive 3. Flexibility in Implementation of based on assessments administered the years or more, to make AYP, and for a Local Educational Agency (LEA) previous year; school so identified and its LEA to take Improvement Requirements; (f) 45 waivers allowing SEAs to waive certain improvement actions. Under this 4. Flexibility for Rural LEAs; the carryover limitation more than once waiver, an LEA was no longer required 5. Flexibility for Schoolwide every three years for their Title I, Part to identify respective Title I schools for Programs; A allocation; and improvement, corrective action, or 6. Flexibility to Support School (g) One waiver of the requirement that restructuring, and neither the LEA nor Improvement; an LEA provide parents of eligible its schools were required to take 1 Additional information regarding ESEA students with notice of their public statutorily required improvement flexibility can be found at: http://www2.ed.gov/ school choice options at least 14 days actions, including providing public policy/elsec/guid/esea-flexibility/index.html. before the start of school year. school choice and SES to eligible

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students. An LEA was also exempt from • Hawaii State Department of Education • West Virginia Department of administrative and reporting • Kansas State Department of Education Education requirements related to school • Maine Department of Education E. Flexibility for Schoolwide Programs improvement. • Nevada Department of Education Waiver Applicants: • New Hampshire Department of The Department waived the • Education requirement in section 1114(a)(1) of the Alabama State Department of • Education Ohio Department of Education ESEA that a school have a poverty • • Oregon Department of Education percentage of 40 percent or more in Alaska Department of Education and • Early Development Pennsylvania Department of order to operate a schoolwide program. • Education Under this waiver, an LEA had Arizona Department of Education • • Georgia Department of Education Puerto Rico Department of Education flexibility to operate a schoolwide • • Texas Education Agency program in a Title I school that did not Hawaii State Department of Education • • Kansas State Department of Education Washington Office of the meet the 40 percent poverty threshold if • Superintendent of Public Instruction the SEA identified the school as a Maine Department of Education • • Nevada Department of Education West Virginia Department of priority school or a focus school, and • New Hampshire Department of Education the LEA implemented interventions • San Francisco Unified School District Education consistent with the turnaround (California) • Ohio Department of Education principles or interventions that were • Los Angeles Unified School District • Oregon Department of Education based on the needs of the students in (California) • Pennsylvania Department of the school and designed to enhance the • Fresno Unified School District Education entire educational program in the • (California) school, as appropriate. Puerto Rico Department of Education • Sanger Unified School District • Texas Education Agency Provision waived: Section 1114(a)(1) (California) of the ESEA. • Washington Office of the • Santa Ana Unified School District Waiver Applicants: Superintendent of Public Instruction (California) • • Alabama State Department of West Virginia Department of • Sacramento City Unified School Education Education District (California) • • Alaska Department of Education and San Francisco Unified School District • Long Beach Unified School District Early Development (California) (California) • • Arizona Department of Education Los Angeles Unified School District • Oakland Unified School District (California) • Georgia Department of Education (California) • • Fresno Unified School District Hawaii State Department of Education • (California) D. Flexibility for Rural LEAs Kansas State Department of Education • • Sanger Unified School District Maine Department of Education The Department waived the • Nevada Department of Education (California) requirements in sections 6213(b) and • • Santa Ana Unified School District New Hampshire Department of 6224(e) of the ESEA that limited Education (California) participation in, and use of funds under, • • Ohio Department of Education Sacramento City Unified School the Small, Rural School Achievement • District (California) Oregon Department of Education (SRSA) and RLIS programs based on • Pennsylvania Department of • Long Beach Unified School District whether an LEA made AYP and was Education (California) complying with the requirements in • Puerto Rico Department of Education • Oakland Unified School District section 1116 of the ESEA. Under the • Texas Education Agency (California) waiver, an LEA that received SRSA or • Washington Office of the C. Flexibility in Implementation of LEA RLIS funds had flexibility to use those Superintendent of Public Instruction Improvement funds for any authorized purpose • West Virginia Department of regardless of the LEA’s AYP status. Education The Department waived the Provisions waived: Sections 6213(b) • San Francisco Unified School District requirements in section 1116(c) of the and 6224(e) of the ESEA. (California) ESEA for an SEA to identify for Waiver Applicants: • Los Angeles Unified School District improvement or corrective action, as • Alabama State Department of (California) appropriate, an LEA that, for two Education • Fresno Unified School District consecutive years or more, failed to • Alaska Department of Education and (California) make AYP, and neither the LEA nor the Early Development • Sanger Unified School District SEA was required to take statutorily • Arizona Department of Education (California) required improvement actions. An LEA • Georgia Department of Education • Santa Ana Unified School District was also exempt from associated • Kansas State Department of Education (California) administrative and reporting • Maine Department of Education • Sacramento City Unified School requirements related to LEA • Nevada Department of Education District (California) improvement. • New Hampshire Department of • Long Beach Unified School District Provisions waived: Section 1116(c)(3) Education (California) and (5)–(11) of the ESEA. • Ohio Department of Education • Oakland Unified School District Waiver Applicants: • Oregon Department of Education (California) • Alabama State Department of • Pennsylvania Department of Education Education F. Flexibility To Support School • Alaska Department of Education and • Puerto Rico Department of Education Improvement Early Development • Texas Education Agency The Department waived the • Arizona Department of Education • Washington Office of the requirement in section 1003(a) of the • Georgia Department of Education Superintendent of Public Instruction ESEA for an SEA to distribute funds

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reserved under that section only to • Oregon Department of Education • Sacramento City Unified School LEAs with schools identified for • Pennsylvania Department of District (California) improvement, corrective action, or Education • Long Beach Unified School District restructuring. Under this waiver, an • Puerto Rico Department of Education (California) SEA had flexibility to allocate ESEA • Texas Education Agency • Oakland Unified School District section 1003(a) funds to an LEA in order • Washington Office of the (California) to serve any priority or focus school, if Superintendent of Public Instruction II. Flexibility To Transfer Certain • West Virginia Department of the SEA determined such school was Funds most in need of additional support. Education Provision waived: Section 1003(a) of The Department waived the H. Flexibility Regarding HQT limitations in section 6123 of the ESEA the ESEA. Improvement Plans Waiver Applicants: that limited the amount of funds an SEA The Department waived the or LEA may transfer from certain ESEA • Alabama State Department of requirements in section 2141(a) through programs to other ESEA programs. Education (c) of the ESEA for an LEA and SEA to Under this waiver, an SEA and its LEAs • Alaska Department of Education and comply with certain requirements for had flexibility to transfer up to 100 Early Development improvement plans regarding highly percent of the funds received under the • Arizona Department of Education qualified teachers. Under the waiver, an authorized programs among those • Georgia State Department of LEA that did not meet its HQT target programs and into Title I, Part A Education programs. Moreover, to minimize • Hawaii State Department of Education did not have to develop an • improvement plan under section 2141 burden at the State and local levels, the Kansas State Department of Education SEA was not required to notify the • Maine Department of Education of the ESEA and had flexibility in how • it used its Title I and Title II funds. An Department, and its participating LEAs Nevada Department of Education were not required to notify the SEA, • New Hampshire Department of SEA was exempt from the requirements regarding its role in the implementation prior to transferring funds. Education Provisions waived: Section 6123(a), • Ohio Department of Education of those plans, including the requirement that it enter into (b)(1), (d), and (e)(1) of the ESEA. • Oregon Department of Education Waiver Applicants: • agreements with LEAs on the use of Pennsylvania Department of • Alabama State Department of Education funds and the requirement that it provide technical assistance to LEAs on Education • Puerto Rico Department of Education • Alaska Department of Education and • Texas Education Agency their plans. This flexibility allowed an SEA and LEA to focus on developing Early Development • Washington Office of the • Arizona Department of Education and implementing more meaningful Superintendent of Public Instruction • Georgia Department of Education • West Virginia Department of evaluation and support systems. • Hawaii State Department of Education Education Provisions waived: Section 2141(a)– • Kansas State Department of Education (c) of the ESEA. • Maine Department of Education G. Flexibility for Reward Schools Waiver Applicants: • Nevada Department of Education • The Department waived the provision • Alabama State Department of New Hampshire Department of in section 1117(c)(2)(A) of the ESEA that Education Education • Alaska Department of Education and • Ohio Department of Education authorized an SEA to reserve Title I, • Part A funds to reward a Title I school Early Development Oregon Department of Education • • Pennsylvania Department of that (1) significantly closed the Arizona Department of Education • Georgia Department of Education Education achievement gap between subgroups in • • Puerto Rico Department of Education the school; or (2) exceeded AYP for two Hawaii State Department of Education • • Kansas State Department of Education Texas Education Agency or more consecutive years. Under this • • Washington Office of the waiver, an SEA had flexibility to use Maine Department of Education • Nevada Department of Education Superintendent of Public Instruction funds reserved under section • • West Virginia Department of 1117(c)(2)(A) of the ESEA to provide New Hampshire Department of Education Education financial rewards to any reward school, • San Francisco Unified School District • Ohio Department of Education if the SEA determined such school was (California) • Oregon Department of Education most appropriate to receive a financial • Los Angeles Unified School District • Pennsylvania Department of reward. (California) Education • Fresno Unified School District Provision waived: Section • Puerto Rico Department of Education 1117(b)(1)(B) of the ESEA. • (California) Texas Education Agency • Sanger Unified School District Waiver Applicants: • Washington Office of the • Alabama State Department of (California) Superintendent of Public Instruction • Santa Ana Unified School District Education • West Virginia Department of • (California) Alaska Department of Education and Education • Sacramento City Unified School Early Learning Development • San Francisco Unified School District • District (California) Arizona Department of Education (California) • Long Beach Unified School District • Georgia Department of Education • Los Angeles Unified School District (California) • Hawaii State Department of Education (California) • Oakland Unified School District • Kansas State Department of Education • Fresno Unified School District (California) • Maine Department of Education (California) • Nevada Department of Education • Sanger Unified School District A. Flexibility To Use SIG Funds To • New Hampshire Department of (California) Support Priority Schools Education • Santa Ana Unified School District The Department waived the • Ohio Department of Education (California) requirements in section 1003(g)(4) of the

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ESEA and the definition of a ‘‘Tier I • Ohio Department of Education Provisions waived: Section school’’ in section I.A.3 of the SIG final • Oregon Department of Education 1113(a)(3)–(4) and (c)(1) of the ESEA. requirements. Under this waiver, an • Pennsylvania Department of Waiver Applicants: SEA had flexibility to award SIG funds Education • Alabama State Department of • available under section 1003(g) of the Puerto Rico Department of Education Education ESEA to an LEA to implement one of • Texas Education Agency • • Arizona Department of Education the four SIG models in any priority Washington Office of the • Georgia Department of Education school. Superintendent of Public Instruction • • Hawaii State Department of Education Provision waived: Section 1003(g)(4) West Virginia Department of • Kansas State Department of Education of the ESEA and Section I.A.3 of the SIG Education • Maine Department of Education final requirements (74 FR 65618). C. Flexibility Regarding Making AYP • Maryland State Department of Waiver Applicants: Determinations Education • Alabama State Department of • Nevada Department of Education The Department waived the Education • New Hampshire Department of requirements in section 1116(a)(1)(A)– • Alaska Department of Education and Education (B) and (c)(1)(A) of the ESEA that Early Development • Ohio Department of Education required LEAs and SEAs to make • Arizona Department of Education • Oregon Department of Education determinations of AYP for schools and • Georgia Department of Education • Pennsylvania Department of LEAs, respectively. Instead, an SEA and • Hawaii State Department of Education Education its LEAs had to report on their report • Idaho State Department of Education • Puerto Rico Department of Education • Kansas State Department of Education cards performance against the AMOs for • Texas Education Agency • Maine Department of Education all subgroups identified in section • Washington Office of the • Nevada Department of Education 1111(b)(2)(C)(v) of the ESEA, and use Superintendent of Public Instruction • New Hampshire Department of performance against the AMOs to • West Virginia Department of Education support continuous improvement in Education • New Jersey Department of Education Title I schools. • San Francisco Unified School District Provisions waived: Section • Ohio Department of Education (California) 1116(a)(1)(A)–(B) and (c)(1)(A) of the • Oregon Department of Education • Los Angeles Unified School District ESEA. • Pennsylvania Department of (California) Waiver Applicants: • Fresno Unified School District Education • • Puerto Rico Department of Education Alabama State Department of (California) • Education • Sanger Unified School District Texas Education Agency • • Washington Office of the Alaska Department of Education and (California) Early Development • Santa Ana Unified School District Superintendent of Public Instruction • • Arizona Department of Education (California) West Virginia Department of • Education Georgia Department of Education • Sacramento City Unified School • Hawaii State Department of Education • District (California) B. Flexibility in the Use of 21st CCLC Kansas State Department of Education • Long Beach Unified School District Program Funds • Maine Department of Education • (California) The Department waived requirements Nevada Department of Education • Oakland Unified School District • New Hampshire Department of in sections 4201(b)(1)(A) and (California) Education 4204(b)(2)(A) of the ESEA that restricted • Ohio Department of Education III. Extensions of the Obligation Period the activities provided by a community • Oregon Department of Education A. The Department granted waivers learning center under the 21st CCLC • Pennsylvania Department of program to activities provided only for ESEA State-administered formula Education grant programs extending until during non-school hours or periods • Puerto Rico Department of Education when school was not in session (i.e., • September 30, 2014, the period of Texas Education Agency availability for FY 2011 Title I, Part A before and after school or during • Washington Office of the funds reserved for school improvement summer recess). Under this waiver, an Superintendent of Public Instruction activities under section 1003(a) of the SEA had flexibility to permit • West Virginia Department of ESEA. community learning centers to use 21st Education CCLC funds to support expanded Provision waived: Tydings learning time during the school day in D. Flexibility Regarding Within-District Amendment, section 421(b) of the addition to activities during non-school Title I Allocations General Education Provisions Act hours or periods when school was not The Department waived the (GEPA) (20 U.S.C. 1225(b)). in session. requirements in section 1113(a)(3)–(4) of Waiver Applicants: Provisions waived: Sections the ESEA that required an LEA to serve • Maryland State Department of 4201(b)(1)(A) and 4204(b)(2)(A) of the eligible schools under Title I in rank Education ESEA. order of poverty and to allocate Title I, • New York State Department of Waiver Applicants: Part A funds based on that rank Education • Alabama State Department of ordering. Under this waiver, an LEA had • Ohio Department of Education Education flexibility to serve with Title I funds a • Oklahoma State Department of • Arizona Department of Education Title I-eligible high school with a Education • Georgia Department of Education graduation rate below 60 percent that • Rhode Island Department of • Hawaii State Department of Education the SEA identified as a priority school Education • Kansas State Department of Education even if that school did not rank • Virginia Department of Education • Maine Department of Education sufficiently high to be served based B. The Department granted waivers • Nevada Department of Education solely on the school’s poverty rate. for ESEA State-administered formula

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grant programs extending until • New Hampshire Department of • Kansas State Department of Education September 30, 2014, the period of Education • Kentucky Department of Education availability of FY 2009 Title I, Part A • New Jersey Department of Education • Maine Department of Education program funds awarded under ARRA. • New Mexico Public Education • Michigan Department of Education Provision waived: Tydings Department • Minnesota Department of Education Amendment, section 421(b) of GEPA (20 • Oregon Department of Education • Mississippi Department of Education U.S.C. 1225(b)). • Pennsylvania Department of • New Jersey Department of Education Waiver Applicants: Education • New Mexico Public Education • Alabama State Department of • Rhode Island Department of Department Education • Ohio Department of Education Education • • Arizona Department of Education • South Carolina Department of Pennsylvania Department of • Arkansas Department of Education Education Education • • California Department of Education • Tennessee Department of Education South Carolina Department of • Colorado Department of Education • Texas Education Agency Education • • Florida Department of Education • Washington Office of the Tennessee Department of Education • • Iowa Department of Education Superintendent of Public Instruction Utah State Office of Education • • Kentucky Department of Education • West Virginia Department of Virginia Department of Education • • Maine Department of Education Education Wisconsin Department of Public • Education Maryland State Department of 2. Extended the period of availability Education of FY 2010 SIG funds. b. Extension granted until September • Massachusetts Department of Provision waived: Tydings 30, 2015. Elementary and Secondary Education Amendment, section 421(b) of GEPA. Waiver Applicants: • Minnesota Department of Education a. Extension granted until June 1, • California Department of Education • Montana Office of Public Instruction 2013. • District of Columbia Office of the • Nebraska Department of Education Waiver Applicant: State Superintendent of Education • New Hampshire Department of • • Idaho State Department of Education Education Idaho State Department of Education • • Illinois State Board of Education New Jersey Department of Education b. Extension granted until August 1, • Missouri Department of Elementary • New Mexico Public Education 2013. and Secondary Education Department Waiver Applicant: • New York State Department of • Oregon Department of Education • Idaho State Department of Education Education • Pennsylvania Department of c. Extension granted until September • Oklahoma State Department of Education Education • 30, 2013. Rhode Island Department of Waiver Applicants: Education 4. Extended the period of availability • • Mississippi Department of Education of FY 2012 SIG funds. South Carolina Department of • Education Virginia Department of Education Provision waived: Tydings • Tennessee Department of Education d. Extension granted until September Amendment, section 421(b) of GEPA. • Texas Education Agency 30, 2014. a. Extension granted until September • West Virginia Department of Waiver Applicants: 30, 2015. Education • Alabama State Department of Waiver Applicants: Education • Arkansas Department of Education C. Waivers extending the period of • • Delaware Department of Education availability of SIG program funds California Department of Education • Delaware Department of Education • Washington Office of the awarded under section 1003(g) of the • Superintendent of Public Instruction ESEA. Hawaii State Department of Education • Idaho State Department of Education b. Extension granted until September 1. Extended the period of availability • of FY 2009 SIG funds until September Illinois State Board of Education 30, 2016. • Michigan Department of Education Waiver Applicants: 30, 2014. • Provision waived: Tydings Minnesota Department of Education • Colorado Department of Education • Mississippi Department of Education • District of Columbia Office of the Amendment, section 421(b) of GEPA. • Waiver Applicants: Missouri Department of Elementary State Superintendent of Education and Secondary Education • • Alabama State Department of Georgia Department of Education • Oklahoma State Department of • Education Idaho State Department of Education Education • • Arizona Department of Education Illinois State Board of Education • Rhode Island Department of • • Arkansas Department of Education Indiana Department of Education Education • • California Department of Education Kansas State Department of Education • Texas Education Agency • • Colorado Department of Education Louisiana Department of Education • 3. Extended the period of availability • Maine Department of Education Florida Department of Education • • Iowa Department of Education of FY 2011 SIG funds. Massachusetts Department of • Provision waived: Tydings Elementary and Secondary Education Kentucky Department of Education • • Maine Department of Education Amendment, section 421(b) of GEPA. Nebraska Department of Education • a. Extension granted until September • Nevada Department of Education Maryland State Department of • Education 30, 2014. Rhode Island Department of • Massachusetts Department of Waiver Applicants: Education Elementary and Secondary Education • Alaska Department of Education and 5. Extended the period of availability • Minnesota Department of Education Early Development of FY 2013 SIG funds. • Montana Office of Public Instruction • Arizona Department of Education Provision waived: Tydings • Nebraska Department of Education • Hawaii State Department of Education Amendment, section 421(b) of GEPA.

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a. Extension granted until September Model Pilots in making accountability • Maine Department of Education 30, 2016. determinations based on assessments • Michigan Department of Education Waiver Applicant: administered through the 2013–2014 • Minnesota Department of Education • Minnesota Department of Education school year. • Mississippi Department of Education D. Waivers for the Striving Readers Provision waived: Section 1111(b)(2) • Missouri Department of Education Comprehensive Literacy Grant Program of the ESEA. • Montana Office of Public Instruction • extending the period of availability until Waiver Applicants: Nebraska Department of Education • December 31, 2013 of FY 2010 funds • Delaware Department of Education Nevada Department of Education • awarded under Part E, Section 1502 of • Iowa Department of Education New Hampshire Department of the ESEA. • Pennsylvania Department of Education: Merrimack School District • Provision waived: Tydings Education New Hampshire Department of Amendment, section 421(b) of GEPA. Education: Derry School District B. Waivers allowing substitution of Waiver Applicants: • New Hampshire Department of • standards or assessments. Education California Department of Education Allowed Kansas to permit McPherson • New Mexico Public Education • New Jersey Department of Education Unified School District, Kansas City, Department • New Mexico Public Education • South Carolina Department of Kansas Public Schools and the Clifton- Department Education Clyde Unified School District to: (i) • New York State Department of • Tennessee Department of Education Administer the ACT in high school and Education the EXPLORE in grade 8 in lieu of the E. Waivers for the 21st CCLC program • North Dakota Department of Public Kansas State assessments; and (ii) use extending the period of availability of Instruction the results of those assessments for FY 2010 funds until September 30, • Ohio Department of Education accountability purposes. 2013. • Oklahoma State Department of Provision waived: Tydings Provisions waived: Section Education Amendment, section 421(b) of GEPA. 1111(b)(1)(B), (b)(3)(A), and (b)(3)(C)(i)– • Rhode Island Department of Waiver Applicant: (ii) of the ESEA. Education Waiver Applicant: • Kansas State Department of Education • South Carolina Department of • Kansas State Department of Education Education IV. Waivers Allowing SEAs To Approve C. Waiver permitting the use of AMOs • South Dakota Department of Schools or LEAs Identified as in Need to make AYP determinations based on Education of Improvement To Become SES assessments administered the previous • Tennessee Department of Education Providers year. • Utah State Office of Education The Department permitted SEAs to Provision waived: Section • Virginia Department of Education approve a school or LEA identified for 1111(b)(2)(H) of the ESEA. • Washington Office of the improvement, corrective action, or Waiver Applicant: Superintendent of Public Instruction restructuring to serve as a provider of • Wyoming Department of Education • West Virginia Department of SES. Education Provisions waived: 34 CFR VII. Waivers Authorizing an SEA To • Wisconsin Department of Public 200.47(b)(1)(iv)(A) and (B). Waive the Carryover Limitation for an Education Waiver Applicants: LEA Because of Its Receipt of Title I, • Wyoming Department of Education • California Department of Education Part A ARRA Funds VIII. Waivers Regarding Public School (during the 2014–15 and 2015–16 Waiver to permit an SEA to waive the school years) Choice • carryover limitation more than once Montana Office of Public Instruction within three years for an LEA that needs The Department granted an SEA a (during the 2013–14 school year) the additional waiver because of its waiver to postpone notice of public V. Waivers of School Eligibility receipt of Title I, Part A ARRA funds. school choice options beyond 14 days Requirements and Definition of Provision waived: Section 1127(b) of before the start of the school year to Persistently Lowest-Achieving Schools the ESEA. parents of eligible children attending Waiver Applicants: schools that— The Department allowed SEAs to: (A) • Alabama State Department of A. Were newly identified for Waive the school eligibility improvement for the school year; or requirements by replacing the list of Education • Alaska Department of Education and B. Made AYP in the previous year, but Tier I, Tier II, and Tier III schools with did not exit improvement status. their list of priority schools; and (B) Early Development • Provisions waived: Section replace the definition of ‘‘persistently Arizona Department of Education • 1116(b)(1)(E)(i) of the ESEA and 34 CFR lowest-achieving schools’’ with the Arkansas Department of Education • 200.37(b)(4)(iv). State’s definition of ‘‘priority schools.’’ California Department of Education • District of Columbia Office of State Waiver Applicant: Provisions waived: Sections I.A.1 and • I.A.3 of the SIG final requirements (75 Superintendent of Education Wyoming Department of Education FR 66363). • Florida Department of Education Accessible Format: Individuals with Waiver Applicants: • Georgia Department of Education disabilities can obtain this document in • • Idaho State Department of Education Hawaii State Department of Education an accessible format (e.g., braille, large • New Jersey Department of Education • Idaho State Department of Education print, audiotape, or compact disc) on • Illinois State Board of Education request to the program contact person VI. Waivers of Academic Standards, (applies to FY 2011 and 2012) listed under FOR FURTHER INFORMATION Assessments, and Accountability • Indiana Department of Education CONTACT. Requirements • Iowa Department of Education Electronic Access to This Document: A. Two-year extension of waiver • Kentucky Department of Education The official version of this document is permitting SEAs to use their Growth • Louisiana Department of Education the document published in the Federal

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Register. Free internet access to the FOR FURTHER INFORMATION CONTACT: Kia 3. Granted waivers to 33 States under official edition of the Federal Register Weems, U.S. Department of Education, the Flexibility Regarding Within-District and the Code of Federal Regulations is 400 Maryland Avenue SW., Room Title I Allocations; available via the Federal Digital System 3W341, Washington, DC 20202. (b) 73 waivers extending the period at: www.gpo.gov/fdsys. At this site you Telephone: (202) 260–2221 or by email: during which funds were available for can view this document, as well as other [email protected]. obligation: 11 waivers extending the documents of this Department If you use a telecommunications period for ESEA State-administered published in the Federal Register, in device for the deaf (TDD) or a text formula grant programs that received text or Portable Document Format telephone (TTY), call the Federal Relay fiscal year (FY) 2009 funds under the (PDF). To use PDF you must have Service (FRS), toll free, at 1–800–877– regular appropriation; 14 waivers Adobe Acrobat Reader, which is 8339. extending the period for ESEA State- available free at the site. SUPPLEMENTARY INFORMATION: In 2012, administered formula grant programs You may also access documents of the the Department granted waivers through that received FY 2009 funds under the Department published in the Federal an initiative known as ESEA flexibility American Recovery and Reinvestment Register by using the article search to 35 States from ten specific provisions Act (ARRA); one waiver under the feature at: www.federalregister.gov. of the ESEA in exchange for a rigorous Enhancing Education Through Specifically, through the advanced and comprehensive State-developed Technology (Ed-Tech) Program; one search feature at this site, you can limit plan designed to improve educational waiver under the Migrant Education your search to documents published by outcomes for all students, close Consortium Incentive Grant Program; the Department. achievement gaps, increase equity, and two waivers under the Consolidated Dated: October 3, 2017. improve the quality of instruction.1 In Grant funds for Insular Areas; 38 Jason Botel, addition to waiving the ten provisions, waivers for school improvement Acting Assistant Secretary for Elementary and the Department granted three optional activities for certain fiscal years’ funds; Secondary Education. waivers under ESEA flexibility. The and six waivers extending the period for [FR Doc. 2017–21621 Filed 10–5–17; 8:45 am] Department also granted 134 individual the Striving Readers Comprehensive Literacy Formula Grant Program funds; BILLING CODE 4000–01–P waivers under the waiver authority in section 9401 of the ESEA. (c) 21 waivers relating to school We granted: improvement requirements: Three DEPARTMENT OF EDUCATION (a) ESEA flexibility: The Department waivers pertaining to school eligibility granted the following ten waivers to 35 requirements and the definition of Notice of Waivers Granted Under SEAs under ESEA flexibility: persistently lowest-achieving schools; Section 9401 of the Elementary and 1. Flexibility Regarding the 2013– and 18 waivers granting additional time Secondary Education Act of 1965, as 2014 Timeline for Determining to meet the teacher and principal Amended by the No Child Left Behind Adequate Yearly Progress (AYP); evaluation requirement (11 for cohort 1 Act of 2001 2. Flexibility in Implementation of schools and seven for cohort 2 schools); (d) 11 waivers of requirements related AGENCY: Office of Elementary and School Improvement Requirements; Secondary Education, Department of 3. Flexibility in Implementation of to State academic standards or Education. Local Educational Agency (LEA) assessments: Three waivers allowing substitution of standards or ACTION: Notice. Improvement Requirements; 4. Flexibility for Rural LEAs; assessments; and eight waivers SUMMARY: In this notice, we announce 5. Flexibility for Schoolwide permitting use of annual measurable the waivers that the U.S. Department of Programs; objectives (AMOs) to make AYP Education (Department) granted during 6. Flexibility to Support School determinations based on assessments calendar year 2012 under the waiver Improvement; administered in the previous school authority of the Elementary and 7. Flexibility for Reward Schools; year; Secondary Education Act of 1965, as 8. Flexibility Regarding Highly (e) One waiver of the five percent cap amended by the No Child Left Behind Qualified Teacher (HQT) Improvement on Title I funds an LEA may reserve to Act of 2001 (ESEA), including waivers Plans; provide financial incentives and related to flexibility granted to States in 9. Flexibility to Transfer Certain rewards to teachers in schools identified exchange for State-led reforms (ESEA Funds; and for improvement, corrective action, or flexibility). 10. Flexibility to Use School restructuring; The ESEA requires that the Improvement Grant (SIG) Funds to (f) Two schoolwide poverty threshold Department publish in the Federal Support Priority Schools. waivers permitting specific schools with Register, and disseminate to interested In addition to waiving the ten less than 40 percent poverty the parties, a notice of its decision to grant provisions listed above, the Department flexibility to operate a schoolwide a waiver of statutory or regulatory granted three optional waivers under program; requirements under the ESEA. Between ESEA flexibility related to the following: (g) Four waivers of the requirement to 2011 and 2016, the Department granted 1. Granted waivers to 23 States under provide parents notice of public school more than 800 waivers of statutory or the Flexibility in the Use of Twenty- choice options at least 14 days before regulatory requirements to State First Century Community Learning the start of the school year; educational agencies (SEAs) but Centers (21st CCLC) Program Funds; (h) Two new waivers and one neglected to comply with the ESEA’s 2. Granted waivers to 33 States under continuation allowing LEAs both to publication and dissemination the Flexibility Regarding Making AYP provide SES to eligible students requirements. This notice is intended to Determinations; and attending schools in the first year of fulfill the Department’s obligation to improvement that received funding under Title I, Part A and to count the publicize its waiver decisions by 1 Additional information regarding ESEA identifying the waivers granted during flexibility can be found at: http://www2.ed.gov/ costs of doing so toward meeting the 2012. policy/elsec/guid/esea-flexibility/index.html. LEAs’ ‘‘20 percent obligation’’;

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(i) Six waivers allowing SEAs or LEAs school choice and supplemental to serve any priority or focus school, if to approve LEAs or schools, educational services (SES) to eligible the SEA determined such school was respectively, identified as in need of students. An LEA was also exempt from most in need of additional support. improvement to become SES providers; administrative and reporting G. Flexibility for Reward Schools (j) Eight waivers allowing SEAs to requirements related to school waive the carryover limitation more improvement. The Department waived the provision than once every three years for their in section 1117(c)(2)(A) of the ESEA that Title I, Part A allocation received under C. Flexibility in Implementation of LEA authorized an SEA to reserve Title, Part ARRA; Improvement A funds to reward a Title I school that (k) One waiver of the third of three The Department waived the (1) significantly closed the achievement annual measureable achievement requirements in section 1116(c) of the gap between subgroups in the school; or objectives (AMAO 3) under Title III ESEA for an SEA to identify for (2) exceeded AYP for two or more allowing the State to use the same improvement or corrective action, as consecutive years. Under this waiver, an targets used to determine AYP for Title appropriate, an LEA that, for two SEA had flexibility to use funds I in place of the State’s AMAO 3; and consecutive years or more, failed to reserved under section 1117(c)(2)(A) of (l) Four waivers related to rural make AYP, and neither the LEA nor the the ESEA to provide financial rewards programs: Two waivers allowing SEAs SEA was required to take statutorily to any reward school, if the SEA to provide equitable services for private required improvement actions. An LEA determined such school was most school students and teachers under the was also exempt from associated appropriate to receive a financial Rural and Low-Income School Program administrative and reporting reward. (RLIS) and two waivers allowing SEAs requirements related to LEA H. Flexibility Regarding HQT to meet the academic achievement improvement. Improvement Plans assessment requirement in an D. Flexibility for Rural LEAs alternative manner under RLIS. The Department waived the The Department waived the requirements in section 2141(a) through Waiver Data requirements in sections 6213(b) and (c) of the ESEA for an LEA and SEA to I. ESEA Flexibility Waivers 6224(e) of the ESEA that limited comply with certain requirements for participation in, and use of funds under, improvement plans regarding highly A. Flexibility Regarding the 2013–2014 the Small, Rural School Achievement qualified teachers. Under the waiver, an Timeline for Determining AYP (SRSA) and RLIS programs based on LEA that did not meet its HQT target The Department waived the whether an LEA made AYP and was did not have to develop an requirements in section 1111(b)(2)(E)– complying with the requirements in improvement plan under section 2141 (H) of the ESEA that prescribe how an section 1116 of the ESEA. Under the of the ESEA and had flexibility in how SEA establishes AMOs for determining waiver, an LEA that received SRSA or it used its Title I and Title II funds. An AYP to ensure that all students met or RLIS funds had flexibility to use those SEA was exempt from the requirements exceeded the State’s proficient level of funds for any authorized purpose regarding its role in the implementation academic achievement on the State’s regardless of the LEA’s AYP status. of those plans, including the assessments in reading/language arts requirement that it enter into E. Flexibility for Schoolwide Programs and mathematics no later than the end agreements with LEAs on the use of of the 2013–2014 school year. Under The Department waived the funds and the requirement that it this waiver, an SEA no longer needed to requirement in section 1114(a)(1) of the provide technical assistance to LEAs on follow the statutory procedures for ESEA that a school have a poverty their plans. This flexibility allowed an setting AMOs to use in determining percentage of 40 percent or more in SEA and LEA to focus on developing AYP. Instead, an SEA had flexibility to order to operate a schoolwide program. and implementing more meaningful develop new ambitious but achievable Under this waiver, an LEA had evaluation and support systems. AMOs in reading/language arts and flexibility to operate a schoolwide mathematics in order to provide program in a Title I school that did not I. Flexibility To Transfer Certain Funds meaningful goals to guide support and meet the 40 percent poverty threshold if The Department waived the improvement efforts for the State, LEAs, the SEA identified the school as a limitations in section 6123 of the ESEA schools, and student subgroups. priority school or a focus school, and that limited the amount of funds an SEA the LEA implemented interventions or LEA may transfer from certain ESEA B. Flexibility in Implementation of consistent with the turnaround programs to other ESEA programs. School Improvement Requirements principles or interventions that were Under this waiver, an SEA and its LEAs The Department waived the based on the needs of the students in had flexibility to transfer up to 100 requirements in section 1116(b) of the the school and designed to enhance the percent of the funds received under the ESEA for an LEA to identify for entire educational program in the authorized programs among those improvement, corrective action, or school, as appropriate. programs and into Title I, Part A. restructuring, as appropriate, a Title I Moreover, to minimize burden at the F. Flexibility To Support School school that failed, for two consecutive State and local levels, the SEA was not Improvement years or more, to make AYP, and for a required to notify the Department, and school so identified and its LEA to take The Department waived the its participating LEAs were not required certain improvement actions. Under this requirement in section 1003(a) of the to notify the SEA, prior to transferring waiver, an LEA was no longer required ESEA for an SEA to distribute funds funds. to identify respective Title I schools for reserved under that section only to improvement, corrective action, or LEAs with schools identified for J. Flexibility To Use SIG Funds To restructuring, and neither the LEA nor improvement, corrective action, or Support Priority Schools its schools were required to take restructuring. Under this waiver, an The Department waived the statutorily required improvement SEA had flexibility to allocate ESEA requirements in section 1003(g)(4) of the actions, including providing public section 1003(a) funds to an LEA in order ESEA and the definition of a Tier I

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school in Section I.A.3 of the SIG final before and after school or during • Florida Department of Education requirements. Under this waiver, an summer recess). Under this waiver, an • Georgia Department of Education SEA had flexibility to award SIG funds SEA had flexibility to permit • Idaho State Department of Education available under section 1003(g) of the community learning centers to use 21st • Indiana Department of Education ESEA to an LEA to implement one of CCLC funds to support expanded • Kansas State Department of Education the four SIG models in any priority learning time during the school day in • Kentucky Department of Education school. addition to activities during non-school • Louisiana Department of Education The 35 applicants listed below were hours or periods when school was not • Maryland State Department of granted waivers under ESEA flexibility: in session. Education • • Arizona Department of Education 23 Waiver applicants: Massachusetts Department of • • Elementary and Secondary Education Arkansas Department of Education Colorado Department of Education • • Colorado Department of Education • Connecticut State Department of Michigan Department of Education • Mississippi Department of Education • Connecticut State Department of Education • Missouri Department of Elementary Education • Delaware Department of Education • • and Secondary Education Delaware Department of Education Florida Department of Education • • • Nevada Department of Education District of Columbia Office of the Idaho State Department of Education • State Superintendent of Education • New Jersey Department of Education Indiana Department of Education • New Mexico Public Education • Florida Department of Education • Kansas State Department of Education • Georgia Department of Education • Department Kentucky Department of Education • New York State Education • Idaho State Department of Education • Louisiana Department of Education • Department Indiana Department of Education • Maryland State Department of • • North Carolina Department of Public Kansas State Department of Education Education • Kentucky Department of Education Instruction • Massachusetts Department of • • Louisiana Department of Education Ohio Department of Education • Elementary and Secondary Education • Oklahoma State Department of Maryland State Department of • Mississippi Department of Education Education Education • Missouri Department of Elementary • • Massachusetts Department of Oregon Department of Education and Secondary Education • Rhode Island Department of Elementary and Secondary Education • New Jersey Department of Education • Michigan Department of Education • Education • New York State Education • South Carolina Department of Minnesota Department of Education Department • Mississippi Department of Education Education • North Carolina Department of Public • • Missouri Department of Elementary South Dakota Department of Instruction and Secondary Education Education • Ohio Department of Education • • Nevada Department of Education Tennessee Department of Education • Oklahoma State Department of • • New Jersey Department of Education Utah State Office of Education Education • • New Mexico Public Education Virginia Department of Education • Oregon Department of Education • Department Washington Office of the • Tennessee Department of Education • New York State Education Superintendent of Public Instruction • Utah State Office of Education • Wisconsin Department of Public Department • • North Carolina Department of Public Virginia Department of Education Instruction • Washington Office of the Instruction M. Waivers Granting Flexibility • Superintendent of Public Instruction Ohio Department of Education Regarding Within-District Title I • Oklahoma State Department of L. Waivers Granting Flexibility Allocations Education Regarding Making AYP Determinations • Oregon Department of Education The Department waived the The Department waived the • Rhode Island Department of requirements in section 1113(a)(3)–(4) of requirements in section 1116(a)(1)(A)– Education the ESEA that required an LEA to serve • South Carolina Department of (B) and (c)(1)(A) of the ESEA that eligible schools under Title I in rank Education required LEAs and SEAs to make order of poverty and to allocate Title I, • South Dakota Department of determinations of AYP for schools and Part A funds based on that rank Education LEAs, respectively. Under this waiver, ordering. Under this waiver, an LEA had • Tennessee Department of Education an SEA and its LEAs were no longer flexibility to serve with Title I funds a • Utah State Office of Education required to make AYP determinations Title I-eligible high school with a • Virginia Department of Education for LEAs and schools, respectively. graduation rate below 60 percent that • Washington Office of the Instead, an SEA and its LEAs had to the SEA identified as a priority school Superintendent of Public Instruction report on their report cards performance even if that school did not rank • Wisconsin Department of Public against the AMOs for all subgroups sufficiently high to be served based Instruction identified in section 1111(b)(2)(C)(v) of solely on the school’s poverty rate. the ESEA, and use performance against 33 Waiver applicants: K. Waivers Regarding Flexibility in the the AMOs to support continuous • Arizona Department of Education Use of 21st CCLC Program Funds improvement in Title I schools. • Arkansas Department of Education The Department waived requirements 33 Waiver applicants: • Colorado Department of Education in sections 4201(b)(1)(A) and • Arizona Department of Education • Connecticut State Department of 4204(b)(2)(A) of the ESEA that restricted • Arkansas Department of Education Education the activities provided by a community • Colorado Department of Education • Delaware Department of Education learning center under the 21st CCLC • Connecticut State Department of • District of Columbia Office of the program to activities provided only Education State Superintendent of Education during non-school hours or periods • District of Columbia Office of the • Florida Department of Education when school was not in session (i.e., State Superintendent of Education • Georgia Department of Education

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• Idaho State Department of Education (Math Science Partnerships), Title II, Partnerships), Title II, Part D (Ed- • Indiana Department of Education Part D (Ed-Tech), and Title IV, Part A Tech), Title III, Part A (English • Kansas State Department of Education (Safe and Drug Free Schools and Language State Grants), and Title IV, • Kentucky Department of Education Community Grants) Part A (Safe and Drug Free Schools • Louisiana Department of Education • Guam Department of Education, Title and Community Grants) • Maryland State Department of I, Part A, Subpart 2, Section 1121(b)– Education (c) (Grants to the Outlying Areas) B. Waivers Granted for ESEA State- • Massachusetts Department of • Idaho State Department of Education, Administered Formula Grant Programs Elementary and Secondary Education Title IV, Part A (Safe and Drug Free That Received FY 2009 Funds Under the • Mississippi Department of Education Schools and Community Grants) ARRA • Missouri Department of Elementary • Illinois State Board of Education, Title Extended until September 30, 2012, and Secondary Education I, Part A (Grants to LEAs), Title II, Part the period of availability of funds under • Nevada Department of Education A (Improving Teacher Quality State certain grant programs. • New Jersey Department of Education Grants), Title II, Part B, Sections • Provision waived: Section 421(b) of New Mexico Public Education 2201–2203 (Math Science GEPA. Department Partnerships), Title II, Part D (Ed- • 14 Waiver applicants and affected New York State Education Tech), Title IV, Part A (Safe and Drug programs: Department Free Schools and Community Grants), • • North Carolina Department of Public American Samoa Department of and Title IV, Part B (21st Century Education, Title I, Part A, Subpart 2, Instruction Community Learning Centers) • Ohio Department of Education • Section 1121(b)–(c) (Grants to the • Massachusetts Department of Outlying Areas) Oklahoma State Department of Elementary and Secondary Education, • Education Arizona Department of Education, • Title I, Part A (Grants to LEAs), Title Title II, Part D (Ed-Tech) Oregon Department of Education I, Part B, Subpart 3 (Even Start), Title • • Rhode Island Department of Bureau of Indian Education, Title I, I, Part D (Neglected and Delinquent Part A (Grants to LEAs), and Title II, Education Program), Title II, Part A (Improving • South Carolina Department of Part D (Ed-Tech) Teacher Quality State Grants), Title II, • Education Delaware Department of Education, Part B, Sections 2201–2203 (Math • South Dakota Department of Title I, Part A (Grants to LEAs), and Science Partnerships), Title II, Part D Education Title II, Part D (Ed-Tech) • • Tennessee Department of Education (Ed-Tech), Title III, Part A (English Georgia Department of Education, • Utah State Office of Education Language State Grants), Title IV, Part Title I, Part A (Grants to LEAs), and • Virginia Department of Education A (Safe and Drug Free Schools and Title II, Part D (Ed-Tech) • Washington Office of the Community Grants), Title IV, Part B • Guam Department of Education, Title Superintendent of Public Instruction (21st Century Community Learning I, Part A, Subpart 2, Section 1121(b)– • Wisconsin Department of Public Centers), and Title VI, Part A, Subpart (c) (Grants to the Outlying Areas) Instruction I, Section 6111 (State Assessment • Idaho State Department of Education, Grants) Title I, Part A (Grants to LEAs) II. Extensions of the Obligation Period • New York State Education • Illinois State Board of Education, Title A. Waivers Granted for ESEA State- Department, Title I, Part A (Grants to I, Part A (Grants to LEAs), and Title Administered Formula Grant Programs LEAs), Title II, Part A (Improving II, Part D (Ed-Tech) That Received FY 2009 Funds Under the Teacher Quality State Grants), Title II, • Massachusetts Department of Department’s Regular Appropriation Part D (Ed-Tech), Title III, Part A Elementary and Secondary Education, Act (English Language State Grants), and Title I, Part A (Grants to LEAs), and Title IV, Part A (Safe and Drug Free Title II, Part D (Ed-Tech) Extended until September 30, 2012, Schools and Community Grants) • New York State Education the period of availability of funds under • North Carolina Department of Public Department, Title I, Part A (Grants to certain grant programs. Instruction, Title II, Part D (Ed-Tech) LEAs), and Title II, Part D (Ed-Tech) Provision waived: Section 421(b) of • Ohio Department of Education, Title I, • North Carolina Department of Public the General Education Provisions Act Part B, Subpart 3 (Even Start), Title I, Instruction, Title II, Part D (Ed-Tech) (GEPA). Part C (Migrant Education State • Ohio Department of Education, Title I, 11 Waiver applicants and affected Grants), Title I, Part D (State Agency Part A (Grants to LEAs), and Title II, programs: Neglected and Delinquent Program), Part D (Ed-Tech) • Delaware Department of Education, Title II, Part B, Sections 2201–2203 • Virgin Islands Department of Title I, Part A (Grants to LEAs), Title (Math Science Partnerships), Title II, Education, Title I, Part A, Subpart 2, I, Part B, Subpart 3 (Even Start), Title Part D (Ed-Tech), and Title IV, Part A Section 1121(b)–(c) (Grants to the II, Part A (Improving Teacher Quality (Safe and Drug Free Schools and Outlying Areas) State Grants), Title II, Part B, Sections Community Grants) • West Virginia Department of 2201–2203 (Math Science • Virgin Islands Department of Education, Title I, Part A (Grants to Partnerships), Title II, Part D (Ed- Education, Title I, Part A, Subpart 2, LEAs), and Title II, Part D (Ed-Tech) Tech), Title III, Part A (English Section 1121(b)–(c) (Grants to the Language State Grants), Title IV, Part Outlying Areas) C. Waivers for the Enhancing Education A (Safe and Drug Free Schools and • West Virginia Department of Through Technology Program Community Grants), Title IV, Part B Education, Title I, Part A (Grants to Extended until September 30, 2013, (21st Century Community Learning LEAs), Title I, Part B, Subpart 3 (Even the period of availability of FY 2010 Centers), and Title VI, Part A, Subpart Start), Title I, Part C (Migrant (non-ARRA) funds awarded under the I, Section 6111 (State Assessment Education State Grants), Title II, Part Title II, Part D (Ed-Tech) grant program. Grants) A (Improving Teacher Quality State Provision waived: Section 421(b) of • Georgia Department of Education, Grants), Title II, Part B, Sections GEPA. Title II, Part B, Sections 2201–2203 2201–2203 (Math Science One Waiver applicant:

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• Idaho State Department of Education • Oregon Department of Education B. Waivers Granting Additional Time To • Puerto Rico Department of Education Meet Teacher and Principal Evaluation D. Waivers for the Migrant Education • South Carolina Department of Requirements (Cohorts 1 and 2 Schools) Consortium Incentive Grant Program Education Allowed SEAs to permit an LEA that Extended until September 30, 2012, • Tennessee Department of Education was implementing during the 2010– the period of availability of FY 2009 • Wyoming Department of Education 2011 school year a transformation funds awarded under the Title I, Part C Extended the period of availability of model with SIG funds, which required (Migrant Education Consortium FY 2011 SIG funds awarded under development and implementation of Incentive Grant) grant program. section 1003(g) of the ESEA. Provision waived: Section 421(b) of high-quality evaluation systems, to have Provision waived: Section 421(b) of GEPA. additional time to meet the teacher and GEPA. One Waiver applicant: principal evaluation requirements in 13 Waiver applicants: schools that were not able to do so that • North Carolina Department of Public • year. Instruction Alabama Department of Education • Arkansas Department of Education Provision waived: Section E. Waivers of Consolidated Grant Funds • California Department of Education I.A.2(d)(1)(i)(B) of the SIG final for Insular Areas • Colorado Department of Education requirements (75 FR 66363). • Extended until September 30, 2014, Delaware Department of Education 18 Waiver applicants: • the period of availability of FY 2012 Illinois State Board of Education a. Cohort 1 Schools: • funds awarded under Title I, Part A, Indiana Department of Education • Alabama Department of Education • Subpart 2, Section 1121(b) and (c) Louisiana Department of Education • California Department of Education • (Grants to the Outlying Areas) Massachusetts Department of • Hawaii State Department of Education Provision waived: Section 421(b) of Elementary and Secondary Education • Illinois State Board of Education GEPA. • Missouri Department of Elementary • Mississippi Department of Education Two Waiver applicants: and Secondary Education • Missouri Department of Elementary • • Commonwealth of the Northern Nebraska Department of Education and Secondary Education • • Mariana Islands Public School System Nevada Department of Education New Jersey Department of Education • • • Virgin Islands Department of Rhode Island Department of Pennsylvania Department of Education Education Education • Puerto Rico Department of Education G. Waivers for the Striving Readers F. Waivers of the School Improvement • Texas Education Agency Requirements for Certain Fiscal Years’ Comprehensive Literacy Formula Grant • Vermont Agency of Education Funds Program b. Cohort 2 Schools: Extended the period of availability of Extended the period of availability of • Illinois State Board of Education FY 2009 SIG funds awarded under FY 2010 funds awarded under Title I, • Mississippi Department of Education section 1003(g) of the ESEA. Part E, Section 1502 of the ESEA. • Missouri Department of Elementary Provision waived: Section 421(b) of Provision waived: Section 421(b) of and Secondary Education GEPA. GEPA. • New Jersey Department of Education One Waiver applicant: Six Waiver applicants: • Pennsylvania Department of • Delaware Department of Education • Idaho State Department of Education Education • • Extended the period of availability of Louisiana Department of Education Puerto Rico Department of Education • • FY 2010 SIG funds awarded under Maine Department of Education Texas Education Agency • section 1003(g) of the ESEA. Missouri Department of Elementary IV. Waivers of Related to State Provision waived: Section 421(b) of and Secondary Education Academic Standards and Assessments GEPA. • Nebraska Department of Education 24 Waiver applicants: • Wisconsin Department of Public A. Waivers Regarding Standards and Assessments • Arizona Department of Education Instruction • Arkansas Department of Education III. Waivers of SIG Requirements Allowed the Kansas State Department • Colorado Department of Education of Education to permit McPherson • Delaware Department of Education A. Waivers of School Eligibility Unified School District (MUSD), Kansas • Idaho State Department of Education Requirements and Definition of City, Kansas Public Schools (KCKPS), • Illinois State Board of Education Persistently Lowest-Achieving Schools and the Clifton-Clyde Unified School • Indiana Department of Education District (Clifton-Clyde) to— • Waived the school eligibility Kansas State Department of Education requirements to enable a State to replace (1) Administer the ACT in grade 12 • Kentucky Department of Education and the EXPLORE in grade 8 in lieu of • its list of Tier I, Tier II, and Tier III Louisiana Department of Education schools with its list of priority schools the Kansas State assessments; and • Maryland State Department of and to replace the definition of (2) Use the results of those Education ‘‘persistently lowest-achieving schools’’ assessments for accountability purposes. • Massachusetts Department of with the State’s definition of ‘‘priority Provisions waived: Section Elementary and Secondary Education 1111(b)(1)(B), (b)(3)(A), (b)(3)(C)(i), and • Michigan Department of Education schools.’’ • Provisions waived: Sections I.A.1 and (b)(3)(C)(ii) of the ESEA, and 34 CFR Minnesota Department of Education 200.1(a)(1) and 200.2(b)(1) and (b)(3)(i). • Nevada Department of Education I.A.3 of the SIG final requirements (75 • FR 66363). One Waiver applicant: New Jersey Department of Education • • New York State Education Three Waiver applicants: Kansas State Department of Education Department • Minnesota Department of Education Allowed Kansas to— • Ohio Department of Education • Oklahoma State Department of (1) Administer only the Algebra I end- • Oklahoma State Department of Education of-course (EOC) assessment to any Education • Tennessee Department of Education middle school student who took that

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course and to use those results in V. Waiver of the Five Percent Cap on VIII. Waivers Allowing LEAs To middle school accountability Title I Funds an LEA May Reserve To Provide SES, in Addition to Public determinations rather than results from Provide Financial Incentives and School Choice, to Eligible Students in the 7th or 8th grade general Rewards to Teachers in Schools Title I Schools in the First Year of mathematics assessment; Identified for Improvement, Corrective School Improvement and To Count the (2) Administer the Geometry EOC Action, or Restructuring Costs of Both Toward Meeting the assessment to any 8th grade student LEAs’ ‘‘20 Percent Obligation’’ Permitted the Hillsborough County who took Algebra I in 7th grade and Public Schools (Florida) to reserve up to New Applicants: Geometry in 8th grade and to use the 6.6 percent of its FY 2012 Title I 1. Waiver applicant: Wyoming results of that assessment in middle allocation for rewards and incentives in Department of Education school accountability determinations; • the 43 schools identified by the LEA. Provisions waived: Section and 1116(b)(10) of the ESEA and 34 CFR (3) Assess students who took Algebra Provision waived: Section 1113(c)(4) 200.48. I or Geometry in middle school with the of the ESEA. • Description of waiver: For the 2010– Algebra II EOC assessment in high One Waiver applicant: 2011 and 2011–2012 school year, school and use those results for high • Hillsborough County Public Schools permitted an LEA in Wyoming to offer school accountability purposes. (Florida) SES, in addition to public school Provisions waived: Section choice, to eligible students in a Title I 1111(b)(1)(B) and (b)(3)(C)(i) of the VI. Schoolwide Poverty Threshold school in the first year of school ESEA, and 34 CFR 200.1(a)(1). Waivers Allowing Flexibility for improvement and to count the costs of Schoolwide Programs in Title I Schools One Waiver applicant: providing SES to these students toward meeting the LEA’s ‘‘20 percent Permitted Dunn School and Memorial • Tennessee Department of Education obligation.’’ School in Maine’s Regional School Continuation Applicant: Allowed Tennessee to— Unit/Maine School Administrative 1. Waiver applicant: Alabama (1) Use, with respect to a student who District #15 (MSAD #15) to become Title Department of Education was not yet enrolled in high school but I, Part A schoolwide program schools • Provisions waived: Section who took Algebra I or English II and the with percentages of low-income 1116(b)(10) of the ESEA and 34 CFR corresponding EOC assessment, the students of less than 40 percent. student’s score on that assessment for 200.48. Provision waived: Section 1114(a)(1) • Description of waiver: For the 2012– accountability purposes for the grade in of the ESEA. which the student was enrolled; and 2013 school year, permitted LEAs in One Waiver applicant: Alabama to offer SES, in addition to (2) Use EOC assessments for Algebra public school choice, to eligible • MSAD #15 II and English III for high school students in Title I schools in the first accountability purposes for those Permitted Piedmont Valley year of improvement and to count the students who take Algebra I or English Elementary (Piedmont) in South Dakota costs of providing SES to these students II, respectively, prior to entering high to be eligible to operate a schoolwide toward meeting the LEA’s ‘‘20 percent school. program with less than 40 percent of obligation.’’ Provisions waived: Section students being from low-income IX. Waivers Allowing SEAs or LEAs To 1111(b)(1)(B) and (b)(3)(C)(i) of the families. ESEA. Approve Schools or LEAs in Need of Provision waived: Section 1114(a)(1) Improvement To Become SES Providers B. Waivers Permitting the Use of AMOs of the ESEA. To Make AYP Determinations Based on 1. Waiver applicant: California One Waiver applicant: Department of Education Assessments Administered the Previous • • Year Meade School District 46–1 Provisions waived: 34 CFR 200.47(b)(1)(iv)(A) and (B). Permitted SEAs to use the same VII. Waivers Regarding Public School • Description of waiver: Permitted AMOs to make AYP determinations Choice Notice California to approve a school or LEA based on assessments administered in Allowed SEAs to provide notice of identified for improvement, corrective the 2011–2012 school year that were public school choice options less than action, or restructuring to serve as a used to make such determinations based 14 days before the start of the school provider of SES during the 2012–2013 on assessments administered in the year to parents of eligible children and 2013–2014 school year. 2010–2011 school year. attending schools that were newly 2. Waiver applicant: Montana Office Provision waived: Section identified for improvement for the of Public Instruction • 1111(b)(2)(H) of the ESEA. 2011–2012 school year or made AYP in Provisions waived: 34 CFR Eight Waiver applicants: the previous year, but did not exit 200.47(b)(1)(iv)(A) and (B). • Description of waiver: Permitted • improvement status. Alabama Department of Education Montana to approve a school or LEA Provisions waived: Section • Alaska Department of Education and identified for improvement, corrective 1116(b)(1)(E)(i) of the ESEA and 34 CFR Early Development action, or restructuring to serve as a 200.37(b)(4)(iv). • Idaho State Department of Education provider of SES during the 2012–2013 Four Waiver applicants: • Illinois State Board of Education school year. • 3. Waiver applicant: Nebraska • Iowa Department of Education Minnesota Department of Education Department of Education • • Nebraska Department of Education Kansas State Department of Education • Provisions waived: 34 CFR • • Maine Department of Education Oklahoma State Department of 200.47(b)(1)(iv)(A) and (B). • West Virginia Department of Education • Description of waiver: Permitted Education • Wyoming Department of Education Nebraska to approve a school or LEA

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identified for improvement, corrective B. Waivers Allowing SEAs To Meet the Act of 1965, as amended by the Every action, or restructuring to serve as a Academic Achievement Assessment Student Succeeds Act.1 provider of SES during the 2011–2012 Requirement in an Alternative Manner The ESEA requires that the school year. Under RLIS Department publish in the Federal 4. Waiver applicant: Wyoming Provision waived: Section 6224(d) of Register, and disseminate to interested Department of Education the ESEA. parties, a notice of its decision to grant • Provisions waived: 34 CFR Two Waiver applicants: a waiver of statutory or regulatory requirements under the ESEA. Between 200.47(b)(1)(iv)(A) and (B). • Commonwealth of the Northern • 2011 and 2016, the Department granted Description of waiver: Permitted Mariana Islands Public School System Wyoming to approve a school or LEA • more than 800 waivers of statutory or Virgin Islands Department of regulatory requirements to State identified for improvement, corrective Education action, or restructuring to serve as a educational agencies (SEAs) but Accessible Format: Individuals with neglected to comply with the ESEA’s provider of SES for the 2010–2011 and disabilities can obtain this document in 2011–2012 school years. publication and dissemination an accessible format (e.g., braille, large requirements. This notice is intended to X. Authorizing an SEA To Waive the print, audiotape, or compact disc) on fulfill the Department’s obligation to Carryover Limitation for an LEA request to the program contact person publicize its waiver decisions by FOR FURTHER INFORMATION Because of Its Receipt of Title I, Part A listed under identifying the waivers granted during ARRA Funds CONTACT. each calendar year. Electronic Access to This Document: Waiver to permit an SEA to waive the The official version of this document is FOR FURTHER INFORMATION CONTACT: Kia carryover limitation more than once the document published in the Federal Weems, U.S. Department of Education, within three years for an LEA that needs Register. Free internet access to the 400 Maryland Avenue SW., Room the additional waiver because of its official edition of the Federal Register 3W341, Washington, DC 20202. receipt of Title I, Part A ARRA funds. and the Code of Federal Regulations is Telephone: (202) 260–2221 or by email: Provision waived: Section 1127(b) of available via the Federal Digital System [email protected]. If you use a telecommunications the ESEA. at: www.gpo.gov/fdsys. At this site you device for the deaf (TDD) or a text Eight Waiver applicants: can view this document, as well as other telephone (TTY), call the Federal Relay • documents of this Department Maine Department of Education Service (FRS), toll free, at 1–800–877– • published in the Federal Register, in Michigan Department of Education 8339. • Montana Office of Public Instruction text or Portable Document Format SUPPLEMENTARY INFORMATION: In 2016, • Nebraska Department of Education (PDF). To use PDF you must have • Adobe Acrobat Reader, which is the Department granted a total of 111 Nevada Department of Education waivers to States under the waiver • available free at the site. Ohio Department of Education authority in section 8401 of the ESEA, • You may also access documents of the Oklahoma State Department of Department published in the Federal as amended by the ESSA. We granted: Education Register by using the article search (a) 73 waivers extending the period in • South Carolina Department of feature at: www.federalregister.gov. which funds were available for Education Specifically, through the advanced obligation: 66 waivers for school XI. Waiver of AYP Requirement for search feature at this site, you can limit improvement activities, one waiver for Annual Measurable Achievement your search to documents published by Improving Teacher Quality, one waiver Objectives (AMAOs) the Department. for Migrant Education, three waivers for 21st Century Community Learning Dated: October 3, 2017. 1. Waiver applicant: Colorado Centers (21st CCLC), and two waivers Department of Education Jason Botel, for Mathematics and Science • Provision waived: Section Acting Assistant Secretary for Elementary and Partnerships; 3122(a)(3)(A)(iii) of the ESEA. Secondary Education. (b) 32 waivers of requirements related • Description of waiver: Granted a [FR Doc. 2017–21623 Filed 10–5–17; 8:45 am] to State academic standards or two-year waiver so that Colorado may BILLING CODE 4000–01–P assessments: Six waivers allowing use, for purposes of AMAO 3, the same substitution of standards or assessments targets used in the growth component of and six waivers permitting SEAs or DEPARTMENT OF EDUCATION its State-developed differentiated LEAs to refrain from reporting recognition, accountability, and support Notice of Waivers Granted Under assessment or accountability system in reading, writing, and Section 8401 of the Elementary and determinations; and 26 waivers of the mathematics, in place of the State’s Secondary Education Act of 1965, as requirement that a State’s assessment AMOs. Amended by the Every Student 1 On December 10, 2015, the Every Student XII. Waivers Related to Rural Programs Succeeds Act Succeeds Act (ESSA), which reauthorized the Elementary and Secondary Education Act of 1965 A. Waivers Allowing SEAs To Provide AGENCY: Office of Elementary and (ESEA), was signed into law. The ESEA waiver Equitable Services for Private School Secondary Education, Department of provisions in section 8401 of the ESEA, as amended Students and Teachers Under the RLIS Education. by the ESSA, went into effect on that date. However, the Department awarded and ACTION Provision waived: Section 6222 of the : Notice. administered FY 2016 formula grant funds in ESEA. accordance with the ESEA as in effect on the day SUMMARY: In this notice, we announce before the date of enactment of the ESSA (i.e., the Two Waiver applicants: the waivers that the U.S. Department of requirements promulgated under the No Child Left • Commonwealth of the Northern Education (Department) granted during Behind Act of 2001 (NCLB)) consistent with Mariana Islands Public School System calendar year 2016 under the waiver clarification from Congress in the Consolidated • Appropriations Act, 2016. Accordingly, unless Virgin Islands Department of authority in section 8401 of the otherwise noted, all references to the ESEA in this Education Elementary and Secondary Education notice refer to the ESEA, as amended by NCLB.

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system cover the full range of its States under section 1003(g) of the • North Dakota Department of Public academic content standards for speaking ESEA. Instruction and listening; Provision waived: Tydings • Ohio Department of Education (c) One waiver permitting an LEA to Amendment, section 421(b) of GEPA (20 • Oklahoma State Department of serve a Title I-eligible high school with U.S.C. 1225(b)). Education a graduation rate below 60 percent that Waiver Applicants: • Oregon Department of Education • the SEA identified as a priority school; • Alabama State Department of Pennsylvania Department of (d) One waiver permitting local Education Education • educational agencies (LEAs) to operate a • Arizona Department of Education Rhode Island Department of Title I schoolwide program in a priority • Georgia Department of Education Education • school or a focus school that has less • Iowa Department of Education South Carolina Department of than 40 percent poverty and is • Kansas State Department of Education Education • implementing a schoolwide • New Hampshire Department of South Dakota Department of intervention; and Education Education • (e) Four waivers allowing an SEA to • North Dakota Department of Public Tennessee Department of Education • waive the carryover limitation for an Instruction Texas Education Agency • LEA that needs an additional waiver • Puerto Rico Department of Education Utah State Office of Education • Virginia Department of Education beyond what the SEA is authorized to 5. Extended the period of availability • Washington Office of the grant. of FY 2016 SIG funds awarded to 46 Superintendent of Public Instruction Waiver Data States under section 1003(g) of the • Wisconsin Department of Education ESEA. I. Extensions of the Obligation Period Provision waived: Tydings B. One waiver to extend the period of A. Sixty-six waivers to extend the Amendment, section 421(b) of GEPA (20 availability of funds for Improving period of availability of School U.S.C. 1225(b)). Teacher Quality awarded under Title II, Improvement Grant (SIG) funds. Waiver Applicants: Part A of the ESEA. Provision waived: Tydings 1. Extended the period of availability • Alabama State Department of of fiscal year (FY) 2011 SIG funds Amendment, section 421(b) of GEPA (20 Education U.S.C. 1225(b)). awarded to two States under section • Alaska Department of Education and 1003(g) of the ESEA. Waiver Applicant: Early Development • Provision waived: Tydings • Arizona Department of Education New York State Department of Amendment, section 421(b) of the • Arkansas Department of Education Education General Education Provisions Act • California Department of Education C. One waiver to extend the period of (GEPA) (20 U.S.C. 1225(b)). • Colorado Department of Education availability of funds for Migrant Waiver Applicants: • Connecticut State Department of Education related activities awarded • New York State Education Education under section Title I, Part C of the Department • District of Columbia Office of the ESEA. • Wisconsin Department of Education State Superintendent of Education Provision waived: Tydings 2. Extended the period of availability • Florida Department of Education Amendment, section 421(b) of GEPA (20 of FY 2012 SIG funds awarded to three • Georgia Department of Education U.S.C. 1225(b)). States under section 1003(g) of the • Hawaii State Department of Education Waiver Applicant: • ESEA. Illinois State Board of Education • New York State Department of • Provision waived: Tydings Indiana Department of Education Education • Amendment, section 421(b) of GEPA (20 Iowa Department of Education • D. Three waivers extending the period U.S.C. 1225(b)). Kansas State Department of Education • Kentucky Department of Education of availability of funds for the 21st Waiver Applicants: CCLC program under Title IV, Part B of • • Louisiana Department of Education Missouri Department of Elementary • the ESEA. and Secondary Education Maine Department of Education • Maryland State Department of Provision waived: Tydings • New Jersey Department of Education Amendment, section 421(b) of GEPA (20 • Texas Education Agency Education • Massachusetts Department of U.S.C. 1225(b)). 3. Extended the period of availability Elementary and Secondary Education 1. Extended the period of availability of FY 2013 SIG funds awarded to seven • Michigan Department of Education of FY 2012 funds reserved under Title States under section 1003(g) of the • Minnesota Department of Education IV, Part B of the ESEA made available ESEA. • Mississippi Department of Education for the 21st CCLC program. Provision waived: Tydings • Missouri Department of Elementary Waiver Applicant: Amendment, section 421(b) of GEPA (20 and Secondary Education • North Dakota Department of Public U.S.C. 1225(b)). • Montana Office of Public Instruction Instruction Waiver Applicants: • Nebraska Department of Education Provision waived: Tydings • Iowa Department of Education • Nevada Department of Education Amendment, section 421(b) of GEPA (20 • Missouri Department of Elementary • New Hampshire Department of U.S.C. 1225(b)). and Secondary Education Education 2. Extended the period of availability • Oregon Department of Education • New Jersey Department of Education of FY 2013 funds reserved under Title • Puerto Rico Department of Education • New Mexico Public Education IV, Part B of the ESEA made available • Tennessee Department of Education Department for the 21st CCLC program. • Texas Education Agency • New York State Education Waiver Applicants: • Wisconsin Department of Education Department • Hawaii State Department of Education 4. Extended the period of availability • North Carolina Department of Public • Maryland State Department of of FY 2014 SIG funds awarded to eight Instruction Education

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F. Two waivers to extend the period LEA reporting requirements in the ESEA V. School-Wide Poverty Threshold of availability of Mathematics and corresponding to the waived assessment One waiver allowing a Title I Science Partnerships funds. requirements. schoolwide program in a school below 1. Extended the period of availability D. Twenty-six waivers allowing States the 40 percent poverty threshold. of FY 2012 funds awarded to one State to have assessments that did not asses Provision waived: Section 1114(a)(1) under Title II, Part B of the ESEA. all content standards. of the ESEA. Provision waived: Tydings Provision waived: Section Waiver Applicant: Amendment, section 421(b) of GEPA (20 1111(b)(3)(C)(ii) of the ESEA. • Missouri Department of Elementary U.S.C. 1225(b)). Waiver Applicants: and Secondary Education Waiver Applicant: • Alabama State Department of Description of Waiver: Waiver • Illinois State Board of Education Education permitting LEAs to operate a 2. Extended the period of availability • Alaska Department of Education and schoolwide program in a priority school of FY 2013 funds awarded to one State Early Development or a focus school that does not meet the under Title II, Part B of the ESEA. • Arkansas Department of Education schoolwide poverty threshold of 40 Provision waived: Tydings • California Department of Education percent and is implementing a Amendment, section 421(b) of GEPA (20 • Georgia Department of Education schoolwide intervention. U.S.C. 1225(b)). • Idaho State Board of Education VI. Authorizing an SEA To Waive the Waiver Applicant: • Iowa Department of Education Carryover Limitation • Illinois State Board of Education • Indiana Department of Education • A. Four waivers authorizing SEAs to III. Waivers of Requirements Related to Kentucky Department of Education waive the carryover limitation for an State Academic Standards and • Kansas State Department of Education LEA more than once every three years. Assessments • Louisiana Department of Education • Maine Department of Education Provision waived: Section 1127(b) of A. One waiver allowing substitution • Massachusetts Department of the ESEA. of standards or assessments. Waiver Applicant: Elementary and Secondary Education Provisions waived: Section • • Missouri Department of Elementary Indiana Department of Education 1111(b)(1)(B) and (3)(C)(i) of the ESEA. Description of Waiver: One-year Waiver Applicant: and Secondary Education • Montana Office of Public Instruction waiver to allow Indiana to grant the • Hawaii State Department of Education • Nevada Department of Education Indianapolis Public Schools, Edison Description of Waiver: One-year • New York State Department of Learning—Roosevelt College and Career waiver for the 2015–2016 school year of Education Academy, and Dr. Robert H. Faulkner the statutory and regulatory • North Dakota Department of Public Academy a waiver of the carryover requirements under Title I, Part A of the Instruction limitation with respect to the FY 2015 ESEA, which require the State to apply • Puerto Rico Department of Education Title I, Part A funds even if the LEA the same academic achievement • South Carolina Department of received a carryover waiver of either its standards, and to use the same academic Education FY 2013 or FY 2014 Title I, Part A funds assessments, for all public school from the State. • Texas Education Agency children in the State. • Waiver Applicant: B. Three waivers of the requirement Virginia Department of Education • • Washington Office of the Michigan Department of Education for an SEA to administer high-quality Description of Waiver: One-year student academic assessments. Superintendent of Public Instruction • West Virginia Department of waiver allowed Michigan to grant the Provisions waived: Section School District of the City of Pontiac 1111(b)(3)(A), (b)(3)(C)(vii), and Education • and Saginaw City School District a (b)(3)(C)(ix)(I) of the ESEA. Wisconsin Department of Education • Wyoming Department Education waiver of the carryover limitation with Waiver Applicants: respect to FY 2014 Title I, Part A funds • Alaska Department of Education and Description of Waiver: Waiver from even if the LEA received a carryover Early Development the requirement that the State’s waiver of either its FY 2012 or FY 2013 • Montana Office of Public Instruction assessment system measure the State’s Title I, Part A funds from the State. • Nevada Department of Education speaking and listening standards. Waiver Applicant: Description of Waiver: Waiver of the IV. Within-District Allocations • Washington Office of the requirement that the SEA administer on Superintendent of Public Instruction an annual basis a set of high-quality One waiver granting flexibility regarding within-district Title I Description of Waiver: One-year student academic assessments in waiver allowed Washington to grant not reading/language arts and mathematics allocations. Waiver Applicant: more than 90 LEAs a waiver of the to all students in grades three to eight carryover limitation with respect to • New York State Department of and once in high school. unexpended FY 2015 Title I, Part A Education C. One waiver of reporting funds even if an LEA received a requirements related to standards and Description of Waiver: Permitted an carryover waiver of either its FY 2013 or assessments. LEA to serve with Title I funds a Title FY 2014 Title I, Part A funds from the Provisions waived: Section I-eligible high school with a graduation State. 1111(h)(1)(C)(i), (1)(C)(iii)–(iv), and rate below 60 percent that the SEA Electronic Access to This Document: (2)(B) of the ESEA. identified as a priority school even if The official version of this document is Waiver Applicant: that school does not rank sufficiently the document published in the Federal • Alaska Department of Education and high to be served based solely on the Register. Free internet access to the Early Development school’s poverty rate. official edition of the Federal Register Description of Waiver: Waiver for the Provisions waived: Section and the Code of Federal Regulations is 2015–2016 school year of the SEA and 1113(a)(4)(B) and (c)(1) of the ESEA. available via the Federal Digital System

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at: www.gpo.gov/fdsys. At this site you Telephone: (202) 260–2221 or by email: In addition to waiving the 10 can view this document, as well as all [email protected]. provisions listed above, the Department other documents of this Department If you use a telecommunications granted three optional waivers to 43 published in the Federal Register, in device for the deaf (TDD) or a text States under ESEA flexibility related to text or Portable Document Format telephone (TTY), call the Federal Relay the following: (PDF). To use PDF you must have Service (FRS), toll free, at 1–800–877– 1. 21st Century Community Learning Adobe Acrobat Reader, which is 8339. Centers (21st CCLC) requirements, available free at the site. SUPPLEMENTARY INFORMATION: In 2015, allowing SEAs flexibility to permit You may also access documents of the the Department granted waivers under community learning centers to use 21st Department published in the Federal ESEA flexibility to 43 States under the CCLC funds to support expanded Register by using the article search waiver authority in section 9401 of the learning time during the school day in feature at: www.federalregister.gov. ESEA, in exchange for rigorous and addition to activities during non-school Specifically, through the advanced comprehensive State-developed plans hours or periods when school is not in search feature at this site, you can limit designed to improve student academic session; your search to documents published by achievement and increase the quality of 2. Requirements to make adequate the Department. instruction. An additional 93 waivers yearly progress (AYP) determinations; that were not part of ESEA flexibility and Dated: October 3, 2017. 3. Requirements pertaining to Title I, Jason Botel, also were granted under the waiver authority in section 9401 of the ESEA. Part A within-district allocations; Acting Assistant Secretary for Elementary and b. Forty-five waivers extending the Secondary Education. We granted: a. Ten waivers under ESEA flexibility period in which funds were available [FR Doc. 2017–21616 Filed 10–5–17; 8:45 am] to each of 43 States granting flexibility for obligation: 40 waivers for school BILLING CODE 4000–01–P from ESEA requirements to improve improvement activities, one waiver for student academic achievement and Consolidated Grant funds for Insular Areas, one waiver for State assessment DEPARTMENT OF EDUCATION increase the quality of instruction: 1. Allowing SEAs flexibility to select activities, and three waivers extending the period for SIG carryover funds; Notice of Waivers Granted Under one of three options for setting new c. One waiver granting LEAs Section 9401 of the Elementary and ambitious, but achievable annual additional time to meet teacher and Secondary Education Act of 1965, as measurable objectives (AMOs); principal evaluation requirements for Amended 2. Allowing flexibility in implementation of school improvement cohort 5 SIG schools; AGENCY: Office of Elementary and requirements to relieve local d. Five waivers allowing SEAs to Secondary Education, Department of educational agencies (LEAs) of the approve schools or LEAs identified as in Education. requirement to identify schools for need of improvement to become supplemental educational services (SES) ACTION: Notice. improvement, corrective action, or restructuring, as appropriate, and to take providers; SUMMARY: In this notice, we announce certain improvement actions in e. Ten waivers of requirements the waivers that the U.S. Department of identified schools; pertaining to State academic standards Education (Department) granted during 3. Allowing flexibility in or assessments: Four waivers allowing calendar year 2015 under the waiver implementation of LEA improvement substitution of standards or assessments authority in section 9401 of the requirements to relieve SEAs of the and six waivers exempting SEAs or Elementary and Secondary Education requirement to identify LEAs for LEAs from reporting assessment or Act of 1965, as amended by the No improvement or corrective action, as accountability determinations; Child Left Behind Act of 2001 (ESEA), appropriate, and to take certain f. Fourteen waivers of the third of including waivers related to flexibilities improvement actions for identified three annual measureable achievement granted to States in exchange for State- LEAs; objectives (AMAOs 3) under Title III, led reforms (ESEA flexibility). 4. Granting flexibility for rural LEAs; due to lack of assessment data in the 2014–2015 school year; The ESEA requires that the 5. Permitting LEAs to operate a g. Two waivers allowing SEAs Department publish in the Federal schoolwide program in a priority school flexibility to distribute section 1003(a) Register, and disseminate to interested or a focus school that does not meet the funds to LEAs for use in priority and parties, a notice of its decision to grant 40 percent poverty threshold and is implementing a schoolwide focus schools; a waiver of statutory or regulatory h. Five waivers of the requirement to requirements under the ESEA. Between intervention; 6. Allowing SEAs flexibility to make AYP determinations; 2011 and 2016, the Department granted i. Six waivers allowing LEAs to carry more than 800 waivers of statutory or distribute school improvement funds to LEAs for use in priority and focus out significant education reforms to regulatory requirements to State improve student achievement; educational agencies (SEAs) but schools; 7. Allowing funds reserved for State j. Two waivers authorizing an SEA to neglected to comply with the ESEA’s awards program to go to any reward waive the carryover limitation for an publication and dissemination school; LEA that needs an additional waiver; requirements. This notice is intended to 8. Relating to highly qualified teacher k. One waiver of the requirement to fulfill the Department’s obligation to (HQT) improvement plan requirements; provide parents notice of public school publicize its waiver decisions by 9. Relating to limitations on the choice options at least 14 days before identifying the waivers granted during transferability of certain funds; and the start of the school year; each calendar year. 10. Permitting SEAs flexibility to l. One waiver pertaining to school FOR FURTHER INFORMATION CONTACT: Kia award School Improvement Grant (SIG) support and recognition allowing Weems, U.S. Department of Education, funds to an LEA to implement one of flexibility in the use of funds reserved 400 Maryland Avenue SW., Room the four SIG models in any priority for State awards program to go to any 3W341, Washington, DC 20202. school. reward school; and

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m. One waiver enabling LEAs to use and Low-Income School program (RLIS) Provision waived: Section 6123(e)(1) the term ‘‘highly qualified teacher’’ to grant even if the LEA fails to make AYP. of the ESEA. refer to a teacher who received a Provision waived: Section 6224(e) of J. Flexibility To Use SIG Funds To summative rating of ‘‘effective,’’ ‘‘highly the ESEA. Support Priority Schools effective,’’ or ‘‘exemplary’’ and earned at E. Flexibility for Schoolwide Programs least 50 percent of the possible student Permitted SEAs to award SIG funds to achievement measures in the State’s Waivers permitted LEAs to operate a an LEA to implement one of the four teacher evaluation and support system. schoolwide program in a priority school SIG models (Turnaround, Restart, or a focus school that does not meet the Closure, Transformation) in any priority Waiver Data schoolwide poverty threshold of 40 school. I. ESEA Flexibility Renewals To percent and is implementing a Provisions waived: Section 1003(g)(4) Continue To Improve Student schoolwide intervention. of the ESEA and section I.A.3 of the Academic Achievement and Increase Provision waived: Section 1114(a)(1) notice of final requirements for SIG the Quality of Instruction of the ESEA. Grants, published in the Federal F. Flexibility To Support School Register on October 28, 2010 (74 FR A. Flexibility Regarding the 2013–14 65618). Timeline for Setting AMOs Improvement K. Flexibility in the Use of 21st CCLC Allowed SEAs flexibility to develop Waivers regarding the State-level Program Funds new ambitious but achievable AMOs in reservations to support school reading/language arts and mathematics improvement, allowing SEAs flexibility Permitted an eligible entity that in order to provide meaningful goals to distribute reserved funds to LEAs for received funds under the 21st CCLC that will be used to guide support and use in priority and focus schools. The program to use those funds to support improvement efforts for the State, LEAs, required reservation was not waived; expanded learning time during the schools, and student subgroups. the waiver merely permitted an SEA to school day, week, or year in addition to Provisions waived: Section distribute the funds to schools that were activities during non-school hours or 1111(b)(2)(E) through (H) of the ESEA. not identified for improvement, periods when school is not in session. corrective action, or restructuring. Provisions waived: Sections B. Flexibility in Implementation of Provision waived: Section 1003(a) of 4201(b)(1)(A) and 4204(b)(2)(A) of the School Improvement Requirements the ESEA. ESEA. 1. Granted flexibility relating to the G. Flexibility in the Use of Funds L. Flexibility Regarding Making AYP requirement for LEAs to identify schools Reserved for State Award Programs Determinations for improvement, corrective action, or restructuring and corresponding Allowed funds reserved for State Waived the requirements to make requirements. Section 1116(b)(13), awards programs to go to any reward AYP determinations. Instead, an SEA which requires LEAs to permit a child school. and its LEAs would report on their Provision waived: Section who has transferred to remain in the report cards performance against the 1117(b)(1)(B) of the ESEA. choice school through the highest grade AMOs for all subgroups identified in in the school, was not waived. H. Waivers Regarding HQT section 1111(b)(2)(C)(v) of the ESEA, Provision waived: Section 1116(b) of Improvement Plans and would use performance against the the ESEA (except (b)(13)). Waived the requirements regarding AMOs to support continuous 2. Waivers granting flexibility of the HQT improvement plans and related improvement in Title I schools. Provisions waived: Section requirement for SEAs and LEAs to take technical assistance and provided 1116(a)(1)(A)–(B) and (c)(1)(A) of the a variety of actions to offer SES to flexibility with respect to the use of ESEA. eligible students in schools identified Title I, Part A funds for for improvement, corrective action, or paraprofessionals. M. Flexibility Regarding Within-District restructuring. Provisions waived: Section 2141(a)– Title I Allocations Provision waived: Section 1116(e) of (c) of the ESEA. the ESEA. Permitted an LEA to serve with Title I. Flexibility To Transfer Certain Funds I funds a Title I-eligible high school C. Flexibility in Implementation of LEA with a graduation rate below 60 percent Improvement Requirements 1. Permitted the SEA to transfer up to 100 percent of the amount from a that the SEA identified as a priority Granted flexibility with respect to the covered program into another covered school even if that school did not rank requirement that SEAs identify LEAs for program or into Title I, Part A. sufficiently high to be served based improvement and corrective action and Provision waived: Section 6123(a) of solely on the school’s poverty rate. take certain action in those LEAs. the ESEA. Provisions waived: Section Provisions waived: Section 1116(c)(3) 2. Permitted LEAs flexibility in 1113(a)(3)–(4) and (c)(1) of the ESEA. and (5)–(11) of the ESEA. percentage limitations as well as in the Waiver Applicants: • Alabama State Department of D. Flexibility for Rural LEAs use of transferred funds. Provision waived: Section 6123(b)(1) Education 1. Allowed flexibility to use Small, of the ESEA. • Alaska Department of Education and Rural School Achievement Program 3. Waivers of the requirements Early Development (SRSA) funds regardless of the AYP relating to modification of plans and • Arizona Department of Education status of the LEA so that LEAs receiving notice of transfer. • Arkansas Department of Education SRSA funds that fail to make AYP may Provision waived: Section 6123(d) of • Colorado Department of Education continue to use these funds. the ESEA. • Connecticut State Department of Provision waived: Section 6213(b) of 4. Permitted LEAs flexibility to Education the ESEA. exclude funds transferred into Title I, • Delaware Department of Education 2. Allowed SEAs flexibility to permit Part A from the base in calculating any • District of Columbia Office of the an LEA to continue to receive a Rural set-aside percentages. State Superintendent of Education

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• Florida Department of Education Provision waived: Tydings • South Carolina Department of • Georgia Department of Education Amendment, section 421(b) of GEPA (20 Education • Hawaii State Department of Education U.S.C. 1225(b)). • South Dakota Department of • Idaho State Department of Education Waiver Applicants: Education • Indiana Department of Education • Illinois State Board of Education • Utah State Office of Education • • Kansas State Department of Education • Minnesota Department of Education Virginia Department of Education • Kentucky Department of Education • West Virginia Department of • 3. Extended the period of availability Louisiana Department of Education of FY 2012 SIG funds awarded to seven Education • • Wisconsin Department of Public Maine Department of Education States under section 1003(g) of the • Instruction Maryland State Department of ESEA. Education Provision waived: Tydings B. One Waiver To Extend the Period of • Massachusetts Department of Amendment, section 421(b) of GEPA (20 Availability of Funds Received Under Elementary and Secondary Education U.S.C. 1225(b)). Section 1003(g) of the ESEA and • Michigan Department of Education Waiver Applicants: Included in the Consolidated Grant • Minnesota Department of Education • • California Department of Education Funds for Insular Areas Mississippi Department of Education • • Missouri Department of Elementary Minnesota Department of Education Provision waived: Tydings • New Hampshire Department of and Secondary Education Amendment, section 421(b) of GEPA (20 Education • Nevada Department of Education U.S.C. 1225(b)). • New Jersey Department of Education • New Hampshire Department of Waiver Applicant: • Ohio Department of Education Education • • Virgin Islands Department of • Tennessee Department of Education New Jersey Department of Education • Virginia Department of Education Education • New Mexico Public Education Department 4. Extended the period of availability C. One Waiver To Extend the Period of • New York State Education of FY 2013 SIG funds awarded to two Availability of Funds for State Department States under section 1003(g) of the Assessments and Related Activities • North Carolina Department of Public ESEA. Awarded Under Section 6113(b) of the Instruction Provision waived: Tydings ESEA • Ohio Department of Education Amendment, section 421(b) of GEPA (20 Provision waived: Tydings • Oklahoma State Department of U.S.C. 1225(b)). Amendment, section 421(b) of GEPA (20 Education Waiver Applicants: U.S.C. 1225(b)). • • Oregon Department of Education Rhode Island Department of Waiver Applicant: • Pennsylvania Department of Education • • North Dakota Department of Public Education South Carolina Department of Instruction • Puerto Rico Department of Education Education D. Three Waivers To Carry Over SIG • Rhode Island Department of 5. Extended the period of availability Funds To Allow States To Award Funds Education of FY 2014 SIG funds awarded to 25 to LEAs Through a Competition To Be • South Carolina Department of States under section 1003(g) of the Conducted During the 2015–2016 Education ESEA. • South Dakota Department of Provision waived: Tydings School Year Education Amendment, section 421(b) of GEPA (20 Provision waived: Section 1003(g) of • Tennessee Department of Education U.S.C. 1225(b)). the ESEA. • Texas Education Agency Waiver Applicants: Waiver Applicants: • Utah State Office of Education • Alaska Department of Education and • Alaska Department of Education and • Virginia Department of Education Early Development Early Development • West Virginia Department of • California Department of Education • Rhode Island Department of Education • Florida Department of Education Elementary and Secondary Education • Wisconsin Department of Public • Georgia Department of Education • Utah State Office of Education Instruction • Hawaii State Department of Education • III. Waiver of SIG Requirements II. Extensions of the Obligation Period Illinois State Board of Education • Iowa Department of Education One Waiver Granting an LEA Additional A. Forty Waivers To Extend the Period • Louisiana Department of Education Time To Meet Teacher and Principal of Availability of SIG Funds • Maryland State Department of Evaluation Requirements 1. Extended the period of availability Education Provision waived: Section • Michigan Department of Education of fiscal year (FY) 2010 SIG funds I.A.2(d)(1)(i)(B) of the SIG final • Mississippi Department of Education awarded to two States under section requirements (75 FR 66363). • Missouri Department of Elementary 1003(g) of the ESEA. Waiver Applicant: Provision waived: Tydings and Secondary Education • • Montana Office of Public Instruction Washington Office of the Amendment, section 421(b) of the • New Jersey Department of Education Superintendent of Public Instruction General Education Provisions Act • New Mexico Public Education Description of Waiver: Allowed the (GEPA) (20 U.S.C. 1225(b)). Department State to permit an LEA that was Waiver Applicants: • North Carolina Department of Public implementing the transformation model • Illinois State Board of Education Instruction during the 2013–2014 school year with • Tennessee Department of Education • North Dakota Department of Public SIG funds, which required development 2. Extended the period of availability Instruction and implementation of a teacher and of FY 2011 SIG funds awarded to two • Ohio Department of Education principal evaluation system, to have States under section 1003(g) of the • Rhode Island Department of additional time to meet the teacher and ESEA. Education principal evaluation requirement in a

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school that was not able to do so that • Oklahoma State Department of under ESEA flexibility with respect to year. Education Armstrong Middle School and Starkville Description of Waiver: One-year High School. IV. Waivers Allowing SEAs To Approve Provisions waived: Section Schools or LEAs Identified as in Need waiver for the 2014–2015 school year of the statutory and regulatory 1111(h)(1)(C)(i) and (2)(B) of the ESEA. of Improvement To Become SES Waiver Applicant: Providers requirements under Title I, Part A of the • ESEA so that Oklahoma could use, with California Department of Education Five Waivers To Permit SEAs To respect to a student who was not yet Description of Waiver: Permitted Approve a School or LEA Identified for enrolled in high school but who took California and its LEAs to refrain from Improvement, Corrective Action, or advanced, high school level including the results of students with Restructuring To Serve as an SES mathematics coursework and the the most significant cognitive Provider corresponding advanced, high school disabilities who participated in the field Provisions waived: 34 CFR level assessment, that student’s score on tests in the 2014–2015 school year in 200.47(b)(1)(iv)(A) and (B). that assessment for Federal reporting student achievement on State Waiver Applicants: accountability purposes for the grade in and local report cards. • Iowa Department of Education which the student was enrolled. VI. AMAO 3 Determinations—AMAO • Montana Office of Public Instruction B. Six Waivers of Requirements Related Determinations • North Dakota Office of Public to Reporting Assessment Results or Fourteen Waivers of the Requirement To Instruction Accountability Determinations Make AMAO 3 Determinations • Washington Office of the Provision waived: Section Superintendent of Public Instruction One-year waiver of the achievement • Wyoming Department of Education 1111(b)(2)(C)(v)(II)(cc) of the ESEA. component of AMAO 3 to permit LEAs Waiver Applicant: Description of Waiver: To permit State receiving Title III subgrants that did not • California Department of Education to approve a school or LEA identified have assessment data to demonstrate for improvement, corrective action, or Description of Waiver: Allowed they met the AMO component of AMAO restructuring to serve as an SES California to exclude the achievement of 3 for the 2014–2015 school year due to provider for the 2015–2016 school students with the most significant the transition to new assessments to years. cognitive disabilities who participated continue the same Title III interventions in the field tests in the 2014–2015 in the 2015–2016 school year that they V. Waivers of Requirements Related to school year from the calculation of implemented in the 2014–2015 school State Academic Standards and performance against AMOs for a school year. Assessments or LEA in which such students were Provision waived: Section 3122(a)(3)(A)(iii) of the ESEA. A. Four Waivers Allowing Substitution enrolled. Waiver Applicants: of Standards or Assessments Provision waived: Section 1111(b)(3)(C)(xii) of the ESEA. • Arizona Department of Education Provisions waived: Section Waiver Applicant: • Connecticut State Department of 1111(b)(1)(B) and (3)(C)(i) of the ESEA. • Education California Department of Education • Waiver Applicants: Description of Waiver: The waiver Delaware Department of Education • • Hawaii State Department of Education permitted California and its LEAs to Florida Department of Education • • New Mexico Public Education refrain from producing or providing Georgia Department of Education • Idaho State Department of Education Department individual student interpretive, • Indiana Department of Education Description of Waiver: One-year descriptive, and diagnostic reports that • Montana Office of Public Instruction waiver for the 2014–2015 school year of included information regarding • Oregon Department of Education the statutory and regulatory achievement on State assessments for • Rhode Island Department of requirements under Title I, Part A of the students with the most significant Education ESEA that required the State to apply cognitive disabilities who participated • South Carolina Department of the same academic achievement in the field tests in the 2014–2015 Education standards, and used the same academic school year. • South Dakota Department of assessments, for all public school Provision waived: Section Education children in the State. 1111(b)(3)(C)(xii) of the ESEA. • Utah State Office of Education Waiver Applicant: Waiver Applicant: • Washington Office of the • New Jersey Department of Education • Hawaii State Department of Education Superintendent of Public Instruction Description of Waiver: One-year Description of Waiver: Waived the VII. Waivers Allowing Flexibility To waiver for the 2014–2015 school year of requirement to provide individual Support School Improvement the statutory and regulatory student interpretive, descriptive, and requirements under Title I, Part A of the diagnostic reports that included Two Waivers of State-Level Reservations ESEA so that New Jersey could use, information regarding achievement on To Support School Improvement with respect to a student who was not State assessments to parents, teachers, Waivers related to State-level yet enrolled in high school but who took and principals as soon as it was reservations to support school advanced, high school level practically possible after an assessment improvement, allowing SEAs flexibility mathematics coursework and the was given. to distribute funds to LEAs for use in corresponding advanced, high school Provisions waived: Section 1111(h) priority and focus schools. The required level assessment, the student’s score on and (b)(2)(C)(v)(II) of the ESEA. reservation was not waived; the waiver that assessment for Federal Waiver Applicant: merely permitted an SEA to distribute accountability purposes for the grade in • Mississippi Department of Education the funds to schools that were not which the student was enrolled. Description of Waiver: Waiver identified for improvement, corrective Waiver Applicant: approved accountability flexibility action, or restructuring.

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Provision waived: Section 1003(a) of Waiver Applicant: XIII. Waiver Relating to Highly Qualified Teachers the ESEA. • Michigan Department of Education Waiver Applicants: A. One Waiver Allowing Flexibility • Texas Education Agency Description of Waiver: One-year Regarding the Definition of ‘‘Highly • Virginia Department of Education waiver allowed Michigan to grant five LEAs a waiver of the carryover Qualified Teacher’’ VIII. Waivers of the Requirement To limitation with respect to FY 2013 Title A waiver allowing, through the 2018– Make AYP Determinations I, Part A funds even if the LEA received 2019 school year, New Mexico’s LEAs to Five Waivers of the Requirement To a carryover waiver of either its FY 2011 apply to use the term ‘‘highly qualified Make AYP Determinations Based on or FY 2012 Title I, Part A funds from the teacher’’ to refer to a teacher who Assessment Results State. received a summative rating of One-year waiver of the statutory and Waiver Applicant: ‘‘effective,’’ ‘‘highly effective,’’ or ‘‘exemplary’’ and, accordingly, has regulatory requirements under Title I, • Washington Office of the earned at least 50 percent of the possible Part A of the ESEA that required an LEA Superintendent of Public Instruction and an SEA, respectively, to use the student achievement measures in New results from the State’s academic Description of Waiver: One-year Mexico’s teacher evaluation and support assessments to make AYP waiver allowed Washington to grant system, in lieu of meeting requirements determinations for schools and LEAs. specific LEAs a waiver of the carryover in section 9101(23)(C)(ii) of the ESEA Provisions waived: Section limitation with respect to unexpended regarding subject-matter expertise. 1116(a)(1)(A) and (c)(1)(A) of the ESEA. FY 2014 Title I, Part A funds even if an Provision waived: Section Waiver Applicants: LEA received a carryover waiver of 9101(23)(C)(ii) of the ESEA. • California Department of Education either its FY 2012 or FY 2013 Title I, Waiver Applicant: • Montana Office of Public Instruction Part A funds from the State. • New Mexico Public Education • Department North Dakota Department of Public XI. Waiver Regarding Public School Instructions Choice Notice Electronic Access to This Document: • Vermont Agency of Education The official version of this document is • Washington Office of the One Waiver Regarding Notification of the document published in the Federal Superintendent of Public Instruction Public School Choice Register. Free internet access to the IX. Waivers Allowing SEAs To Carry Waived the requirement for an LEA to official edition of the Federal Register Out Significant Education Reforms provide parents of eligible students with and the Code of Federal Regulations is available via the Federal Digital System Six Waivers Allowing LEAs To Carry notice as to their public school choice at: www.gpo.gov/fdsys. At this site you Out Significant Education Reforms To options at least 14 days before the start can view this document, as well as other Improve Student Achievement of the school year. This waiver applied only to the notice required for parents documents of this Department Waivers to carry out significant of children attending the three Title I published in the Federal Register, in education reforms to improve student schools that either were newly text or Portable Document Format achievement for school year 2015–2016. identified for improvement for the (PDF). To use PDF you must have Provisions waived: Sections 2015–2016 school year or that could Adobe Acrobat Reader, which is 1113(a)(3)–(4) and (c)(1), 1114(a)(1), have exited improvement, corrective available free at the site. 1116(b) (except (b)(13)) and (c)(7), action, or restructuring based on the You may also access documents of the 2141(a), and 6123(b)(1), (d)(2), and (e)(1) assessments administered in the 2014– Department published in the Federal of the ESEA. 2015 school year, but did not. Register by using the article search Waiver Applicants: feature at: www.federalregister.gov. Provisions waived: Section • Fresno Unified School District— Specifically, through the advanced 1116(b)(1)(E)(i) of the ESEA and 34 CFR California Office of Reform Education search feature at this site, you can limit 200.37(b)(4)(iv). (CORE) your search to documents published by • Los Angeles Unified School District— Waiver Applicant: the Department. CORE • Wyoming Department of Education • Long Beach Unified School District— Dated: October 3, 2017. CORE XII. Waiver Allowing Flexibility in the Jason Botel, • Oakland Unified School District— Use of Funds Reserved for State Award Acting Assistant Secretary for Elementary and CORE Programs Secondary Education. • Santa Ana Unified School District— [FR Doc. 2017–21619 Filed 10–5–17; 8:45 am] One Waiver Allowing Flexibility in the CORE BILLING CODE 4000–01–P • San Francisco Unified School Use of Funds Reserved for State Award District—CORE Programs X. Waivers Authorizing SEAs To Waive Waiver allowed funds reserved for DEPARTMENT OF ENERGY the Carryover Limitation State awards programs to go to any reward school and extended the period Bonneville Power Administration Two Waivers Authorizing SEAs To of availability of Wisconsin’s FY 2013 Waive the Carryover Limitation for LEAs Title I school rewards programs Availability of the Bonneville Waivers authorizing SEAs to waive allocation until September 30, 2016. Purchasing Instructions (BPI) and the carryover limitation for an LEA that Bonneville Financial Assistance Provision waived: Section Instructions (BFAI) needed an additional waiver beyond 1117(b)(1)(B) of the ESEA. what the SEA was otherwise authorized Waiver Applicant: AGENCY: Bonneville Power to grant. Administration (BPA), DOE. Provision waived: Section 1127(b) of • Wisconsin Department of Public ACTION: Notice of document availability. the ESEA. Instruction

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SUMMARY: Copies of the Bonneville DEPARTMENT OF ENERGY described in the EIS, BPA is canceling Purchasing Instructions (BPI), which that environmental review process and contain the policy and establish the Bonneville Power Administration will focus on the proposed Klickitat procedures that BPA uses in the Hatchery Upgrades EIS. Klickitat Hatchery Upgrades solicitation, award, and administration DATES: Written comments are due to the of its purchases of goods and services, AGENCY: Bonneville Power address below no later than November including construction, are available in Administration (BPA), Department of 27, 2017. Comments may also be made printed form or at the following Internet Energy (DOE). at the scoping meeting to be held on address: http://www.bpa.gov/corporate/ October 25, 2017 at the address below. ACTION: Notice of intent to prepare an business/bpi. Environmental Impact Statement (EIS) ADDRESSES: Comments on the proposed Copies of the Bonneville Financial and notice of floodplain and wetlands scope of the Draft EIS and requests to be Assistance Instructions (BFAI), which assessment. placed on the project mailing list may contain the policy and establish the be mailed by letter to Bonneville Power procedures that BPA uses in the SUMMARY: In accordance with the Administration, Public Affairs Office— solicitation, award, and administration National Environmental Policy Act DKE–7, P.O. Box 3621, Portland, OR of financial assistance instruments (NEPA), BPA intends to prepare an EIS 97208–3621, or sent by fax to 503–230– (principally grants and cooperative to determine whether to fund the 4019. You may also call BPA’s toll-free agreements), are available in printed Confederated Tribes of the Yakama comment hotline at 1–800–622–4519 form or available at the following Nation’s proposal to upgrade facilities at and leave a message (please include the Internet address: http://www.bpa.gov/ the Klickitat Hatchery. The hatchery name of the project), or submit corporate/business/bfai. produces spring and fall Chinook comments online at www.bpa.gov/ salmon and coho salmon, and is funded comment. All comments received will ADDRESSES: Unbound copies of the BPI by National Marine Fisheries Service be accessible from the project Web site or BFAI may be obtained by sending a (NMFS) under the Mitchell Act. It is at www.bpa.gov/goto/ request to the Head of the Contracting operated jointly by the Yakama Nation KlickitatHatcheryUpgrades. Activity, Routing CGP–7, Bonneville and Washington Department of Fish and On October 25, 2017, a scoping Power Administration, P.O. Box 3621, Wildlife (WDFW). The hatchery is meeting will be held from 6:00 p.m. to Portland, Oregon 97208–3621. located in Klickitat County on property 8:00 p.m. at the Lyle Lions Community FOR FURTHER INFORMATION CONTACT: owned by WDFW, about seven miles Center, Highway 14 and Third Street, Head of the Contracting Activity (503) east of Glenwood, Washington. The Lyle, Washington 98365. At this 230–5498. hatchery was built in 1954 and most of informal open-house meeting, BPA will the facilities have not been renovated provide project information and maps SUPPLEMENTARY INFORMATION: BPA was since then. and will make members of the project established in 1937 as a Federal Power The one-time upgrades would include team available to answer questions and Marketing Agency in the Pacific improving surface and groundwater accept oral and written comments. Northwest. BPA operations are financed water intakes, discharge piping, and FOR FURTHER INFORMATION CONTACT: from rate payer revenues rather than pumps; rebuilding the pollution David Kennedy, Executive Manager annual appropriations. BPA’s abatement system; updating sections of Environmental Planning and Analysis, purchasing operations are conducted the hatchery building; and adding Bonneville Power Administration, EC– under 16 U.S.C. 832 et seq. and related rearing tanks, a storage building, and 4, P.O. Box 3621, Portland, OR 97208– statutes. Pursuant to these special possibly staff residences. The proposed 3621; toll-free telephone 1–800–282– authorities, the BPI is promulgated as a upgrades would update old facilities 3713; direct telephone 503–230–3769; statement of purchasing policy and as a and would facilitate increased or email [email protected]. body of interpretative regulations production of spring Chinook by the Additional information can be found at governing the conduct of BPA Yakama Nation. BPA is not proposing to the project Web site: www.bpa.gov/goto/ purchasing activities, and reflects BPA’s fund fish production or to take over any KlickitatHatcheryUpgrades. private sector approach to purchasing Mitchell Act funding for the hatchery. SUPPLEMENTARY INFORMATION: The the goods and services that it requires. NMFS will be a cooperating agency on Yakama Nation is proposing the BPA’s financial assistance operations the EIS. Klickitat Hatchery upgrades to update are conducted under 16 U.S.C. 832 et In accordance with U.S. Department old facilities and to facilitate a possible seq. and 16 U.S.C. 839 et seq. The BFAI of Energy floodplain and wetland increase in production of spring express BPA’s financial assistance regulations, BPA will analyze impacts to Chinook salmon. Although the Klickitat policy. The BFAI also comprise BPA’s floodplains and wetlands as well as population of spring Chinook is not rules governing implementation of the measures to avoid or minimize potential listed under the Endangered Species Act principles set forth in 2 CFR 200. effects to these resources. The (ESA), WDFW considers it depressed BPA’s solicitations and contracts assessment will be included in the EIS. due to chronically low adult returns. On include notice of applicability and With this Notice of Intent, BPA is average, the Klickitat spring Chinook availability of the BPI and the BFAI, as initiating the public scoping process for run comprises approximately 75% appropriate, for offerors to obtain the EIS. BPA is requesting comments hatchery and 25% natural-origin fish. In information on particular purchases or about potential environmental impacts addition, since 1994, low hatchery financial assistance transactions. that should be considered as an EIS is productivity has limited the average Issued in Portland, Oregon, on September prepared. annual harvest in sport and Tribal 20, 2017. In addition, BPA is also providing fisheries in the Klickitat basin to 840 notice of cancellation of DOE/EIS–0424 fish, although the overall project goal for Nicholas M. Jenkins, Klickitat Hatchery Complex Program. in-basin sport and Tribal harvest is Manager, Purchasing/Property Governance. Based on public comments on the 2011 3,000 adults annually. [FR Doc. 2017–21576 Filed 10–5–17; 8:45 am] draft DOE/EIS–0424, as well as changes BPA’s proposed funding of the BILLING CODE 6450–01–P in agencies’ funding of various activities Klickitat Hatchery upgrades would

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support efforts to protect, mitigate, and Chinook smolts to 800,000 smolts, and and the effects of increases in harvest enhance fish and wildlife affected by would help the spring Chinook program opportunities. the development and operation of the transition from using only hatchery- BPA has established an extended Federal Columbia River Power System raised fish for broodstock (a seven-week scoping period during in the mainstem Columbia River and its ‘‘segregated’’ or ‘‘isolated’’ program) to a which concerned members of the tributaries, including the Klickitat River, program that incorporates natural-origin public, interest groups, state and local under the Pacific Northwest Electric fish in the broodstock (an ‘‘integrated’’ governments, and any other interested Power Planning and Conservation Act of program). Currently, natural-origin parties are invited to comment on the 1980 (Act) (16 U.S.C. 839b(h)(10)). spring Chinook from the Klickitat basin scope of the proposed EIS. Scoping will Under the Act, BPA funds fish and have higher survival rates than hatchery help BPA ensure that a full range of wildlife protection, mitigation, and fish. Incorporating natural-origin fish issues related to this proposal are enhancement actions consistent with into the broodstock is expected to addressed in the EIS and will help to the Northwest Power and Conservation increase the fitness, productivity, identify significant or potentially Council’s (Council) Fish and Wildlife survival, and harvest of this species. significant impacts that may result from Program. Under this program, the Upgrades to the water system would the proposed project. Council makes recommendations to increase the operational flexibility of the When completed, the Draft EIS will be BPA concerning which fish and wildlife facility. Adding river water to the water circulated for review and comment, and projects to fund. The Klickitat Hatchery supply would allow operators to release BPA will hold at least one public upgrades are being reviewed by the smolts later in the spring when comment meeting to solicit comments Council for recommendation to BPA for conditions in the Columbia River are on the Draft EIS. BPA will consider and funding. more favorable to smolts migrating to respond in the Final EIS to comments In addition, on May 2, 2008, BPA, the the ocean. The water system upgrades received on the Draft EIS. BPA’s Bureau of Reclamation, and the U.S. also would reduce long-term subsequent decision will be Army Corps of Engineers signed the maintenance and improve the quality of documented in a Record of Decision. 2008 Columbia Basin Fish Accords the hatchery effluent. Energy efficiency Issued in Portland, Oregon, on September Memorandum of Agreement with the measures would be incorporated as 28, 2017. Three Treaty Tribes: The Confederated possible into facility upgrade designs. Elliot E. Mainzer, Tribes and Bands of the Yakama Nation, BPA is not proposing to fund fish the Confederated Tribes of the Umatilla Administrator and Chief Executive Officer. production or to take over any Mitchell [FR Doc. 2017–21575 Filed 10–5–17; 8:45 am] Indian Reservation, and the Act funding for the hatchery. Confederated Tribes of Warm Springs BILLING CODE 6450–01–P BPA will be the lead agency for Reservation. The agreement includes preparation of the EIS. Cooperating funding for this hatchery project, subject agencies in addition to NMFS may be to compliance with NEPA and other ENVIRONMENTAL PROTECTION identified as the proposed project environmental review requirements. AGENCY The proposal is also consistent with proceeds through the NEPA process. [FRL–9968–99–OECA] the policy direction in BPA’s Fish and Alternatives Proposed for Consideration. In the EIS, BPA is Wildlife Implementation Plan EIS, Production of Confidential Business which calls for protecting weak stocks currently considering two alternatives: To fund proposed upgrades that would Information in Pending Enforcement while sustaining overall populations of Litigation; Transfer of Information fish for their economic and cultural improve hatchery facilities, would allow the transition to an integrated program, Claimed as Confidential Business value, including long-term harvest Information to the United States opportunities. and would provide additional capacity for spring Chinook smolt production to Department of Justice and Party to Upgrades at the existing hatchery Certain Litigation would include rehabilitating existing increase from 600,000 to 800,000; and a water intakes at Upper and Lower no action alternative of not funding the AGENCY: Environmental Protection Indian Ford Springs, updating and proposal. Other reasonable alternatives Agency (EPA). rerouting water supply and discharge identified during the scoping process ACTION: Notice. piping, refurbishing a pump station at may also be evaluated in the EIS. an existing surface water intake in the Public Participation and SUMMARY: The Environmental Protection Klickitat River, demolishing the existing Identification of Environmental Issues. Agency (‘‘EPA’’) is providing notice of pollution abatement pond and The potential environmental issues disclosure of information which has converting an existing fall Chinook identified so far for this project include been submitted to EPA by renewable rearing pond to a pollution abatement effects of construction activity on water fuel producers, renewable identification pond, replacing the existing adult quality, Endangered Species Act (ESA)- number (‘‘RIN’’) generators, third party holding and spawning building, adding listed fish, and rare and sensitive plants engineers, obligated parties, and RIN circular rearing tanks, building a and wildlife; and the operational effects owners that is claimed to be, or has been chemical storage shed, and renovating of changes to the water supply and determined to be, confidential business the existing hatchery building to discharge system on water quality. The information (‘‘CBI’’), in civil improve usable space, security, and effects of changes to the spring Chinook enforcement litigation against NGL operations monitoring systems. The program that could be facilitated by the Crude Logistics, LLC (f/k/a Gavilon, total disturbed area would be upgrades will also be evaluated, LLC) and Western Dubuque Biodiesel, approximately 16 acres. In addition, including the risk of competition LLC. Disclosure is in response to BPA might also fund construction of between increasing numbers of discovery requests from NGL Crude two staff residences. naturally spawning spring Chinook and Logistics, LLC (f/k/a Gavilon, LLC) in Upgrades would improve rearing ESA-listed fish such as bull trout and the litigation styled United States of conditions for spring Chinook, would steelhead; the effects of additional America v. NGL Crude Logistics, LLC (f/ provide the capacity to increase activities and facilities required to k/a Gavilon, LLC) and Western Dubuque production from 600,000 spring monitor a changed hatchery program; Biodiesel, LLC, Case No. 2:16–cv–1038–

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LRR, pending in the United States continue during the NGL Litigation. The 6272; fax number: 303–312–6003; email District Court for the Northern District United States does not intend to address: [email protected]. of Iowa (the ‘‘NGL Litigation’’). The produce documents containing CBI to SUPPLEMENTARY INFORMATION: court has entered a Stipulated Protective NGL until after potentially impacted Order (‘‘Protective Order’’) between the third parties have an opportunity to I. Does this action apply to me? United States and NGL Crude Logistics, inspect the Protective Order. The LLC (f/k/a Gavilon, LLC) that governs inspection period will last for fourteen Entities potentially affected by this the treatment of CBI, including a (14) calendar days after publication of action include renewable fuel provision that interested third parties this Notice in the Federal Register. producers, RIN generators, third party may seek additional protections for their engineers, obligated parties, and RIN CBI. FOR FURTHER INFORMATION CONTACT: owners who have submitted information DATES: Access by the United States Matthew Kryman, Air Enforcement to EPA that is claimed to be, or has been Department of Justice (‘‘DOJ’’) to Division, Office of Civil Enforcement, determined to be, CBI. Potentially material, including CBI, discussed in 1595 Wynkoop Street (8MSU), Denver, affected categories of such entities this Notice, is ongoing and expected to CO 80202; telephone number: 303–312– include:

Category NAICS 1 codes SIC 2 codes Examples of potentially affected entities

Industry ...... 324110 2911 Petroleum Refineries. Industry ...... 325193 2869 Ethyl alcohol manufacturing. Industry ...... 325199 2869 Other basic organic chemical manufacturing. Industry ...... 424690 5169 Chemical and allied products merchant wholesalers. Industry ...... 424710 5171 Petroleum bulk stations and terminals. Industry ...... 424720 5172 Petroleum and petroleum products merchant wholesalers. Industry ...... 221210 4925 Manufactured gas production and distribution. Industry ...... 454319 5989 Other fuel dealers. 1 North American Industry Classification System (NAICS). 2 Standard Industrial Classification (SIC) system code.

This table is not intended to be Logistics, LLC (f/k/a Gavilon, LLC) in may seek additional protections for their exhaustive, but rather provides a guide this enforcement action. The CBI. In accordance with 40 CFR for readers regarding entities who may information includes EPA 2.209(c–(d), DOJ must disclose such be impacted by this action. Other types communications with, and information information to the extent required to of entities not listed in the table could provided by, renewable fuel producers comply with the discovery obligations also be impacted. If you have any and RIN generators in connection with of the United States in the NGL questions regarding the applicability of petitions under 40 CFR 80.1416 and the Litigation, including its obligations this action, consult the person listed in production of renewable fuel and under the Protective Order. the FOR FURTHER INFORMATION CONTACT generation of RINs. The information also Dated: September 25, 2017. section. includes EPA communications with, Phillip A. Brooks, and information provided by, obligated II. Action Description Director, Air Enforcement Division. parties and RIN owners regarding [FR Doc. 2017–21615 Filed 10–5–17; 8:45 am] The United States has initiated a civil specific RIN buys, sells, separations, BILLING CODE 6560–50–P enforcement action alleging that NGL and retirements. Examples of such Crude Logistics, LLC (f/k/a Gavilon, information may include EPA registration information; information LLC) and Western Dubuque Biodiesel, ENVIRONMENTAL PROTECTION submitted to the EPA Moderated LLC violated Section 211(o) of the Clean AGENCY Air Act and the Renewable Fuel Transaction System (EMTS); EMTS RIN Standard regulations issued thereunder generation, transaction, and activity [EPA–HQ–OAR–2060–0275; FRL–9968–96– in connection with the sale and reports; documents mentioning, OAR] referring to, or discussing company fuel repurchase of biodiesel and RINs in Proposed Information Collection calendar year 2011. The United States production activities or RIN generation activities; and non-public petition Request; Comment Request; settled its claims against Western Regulation of Fuels and Fuel Dubuque Biodiesel, LLC, and the United information submitted under 40 CFR 80.1416. Additives: Detergent Gasoline States District Court for the Northern (Renewal) District of Iowa granted the motion to The treatment of this information is enter the amended consent decree on governed by the Protective Order AGENCY: Environmental Protection April 11, 2017. The United States’ entered into by the United States and Agency (EPA). claims against NGL Crude Logistics, NGL Crude Logistics, LLC. Interested ACTION: Notice. LLC (f/k/a Gavilon, LLC) are still third parties may find the Protective pending. Notice is being provided, Order in the docket for the NGL SUMMARY: The Environmental Protection pursuant to 40 CFR 2.209(d), to inform Litigation, 2:16–cv–1038–LRR, ECF Agency is planning to submit an affected businesses that EPA intends to Document No. 68 (N.D. Iowa). The information collection request (ICR), transmit certain information, which has Protective Order governs the ‘‘Regulation of Fuels and Fuel been submitted by renewable fuel distribution of CBI, limits its use to the Additives: Detergent Gasoline producers, RIN generators, third party NGL Litigation, and provides for its (Renewal)’’ (EPA ICR No. 1655.09, OMB engineers, obligated parties, and RIN return or destruction at the conclusion Control No. 2060–0275) to the Office of owners that is claimed to be, or has been of the litigation. It also includes a Management and Budget (OMB) for determined to be, CBI, to NGL Crude provision that interested third parties review and approval in accordance with

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the Paperwork Reduction Act. Before information, including the validity of detergents were certified. In 2013, only doing so, the EPA is soliciting public the methodology and assumptions used; 3 new detergents were certified. comments on specific aspects of the (iii) enhance the quality, utility, and There are approximately 250 refiners proposed information collection as clarity of the information to be and importers of gasoline, 1,350 described below. This is a proposed collected; and (iv) minimize the burden blenders of detergent into gasoline or extension of the ICR, which is currently of the collection of information on those PRC, 8,000 carriers of gasoline or PRC, approved through November 30, 2017. who are to respond, including through 200,000 gasoline retail outlets, and An Agency may not conduct or sponsor the use of appropriate automated 100,000 fleet facilities which handle and a person is not required to respond electronic, mechanical, or other gasoline. The estimated total annual to a collection of information unless it technological collection techniques or burden for respondents for this displays a currently valid OMB control other forms of information technology, collection is 220,181 hours and number. e.g., permitting electronic submission of $20,180,587, including $335,040 in DATES: Comments must be submitted on responses. The EPA will consider the annualized capital or O&M costs. The or before December 5, 2017. comments received and amend the ICR estimated total annual Agency burden is ADDRESSES: Submit your comments, as appropriate. The final ICR package 200 hours and $16,400 in labor costs. referencing Docket ID No. EPA–HQ– will then be submitted to OMB for Form Numbers: None. review and approval. At that time, the OAR–2007–0595 online using Respondents/Affected Entities: www.regulations.gov (our preferred EPA will issue another Federal Register notice to announce the submission of The respondents are related to the method), by email to a-and-r-docket@ following major group Standard epa.gov or by mail to: EPA Docket the ICR to OMB and the opportunity to submit additional comments to OMB. Industrialization Classification (SIC) Center, Environmental Protection codes: Agency, Mail Code 28221T, 1200 Abstract: Gasoline combustion results Pennsylvania Ave. NW., Washington, in the formation of engine deposits. The 5172—Petroleum Products DC 20460. accumulation of deposits, particularly 2911—Petroleum Refining The EPA’s policy is that all comments in the orifices of fuel injectors and on intake valves, typically results in The respondents are related to the received will be included in the public following major group NAICS codes: docket without change including any increased emissions and reduced engine 324110—Petroleum Refineries personal information provided, unless performance. As fuel injectors replaced the comment includes profanity, threats, carburetors in the 1980’s, a number of 324199—All Other Petroleum and Coal information claimed to be Confidential vehicle manufacturers experienced Products Manufacturing Business Information (CBI) or other problems with deposit formation. 325110—Petrochemical Manufacturing information whose disclosure is Detergent additives, which had been 325199—All Other Basic Organic restricted by statute. available for years to control deposits in Chemical Manufacturing carbureted vehicles, were improved to FOR FURTHER INFORMATION CONTACT: 424710—Petroleum Bulk Stations and accommodate the new technology. Terminals James W. Caldwell, Environmental However, their use was voluntary and Engineer, Compliance Division, Office there were no regulatory standards by 424720—Petroleum and Petroleum of Transportation and Air Quality, Mail which to gauge their effectiveness. Products Merchant Wholesalers Code 6405A, U.S. Environmental Congress recognized the importance of (except Bulk Stations and Protection Agency, 1200 Pennsylvania effective detergent additives in Terminals) Avenue NW., Washington, DC 20460; minimizing vehicle emissions, and Respondent’s Obligation to Respond: Telephone: (202) 343–9303; Fax: (202) added Section 211(1) in the Clean Air Mandatory per 40 CFR 80—Subpart G, 343–2802; Email address: caldwell.jim@ Act Amendments of 1990. It required Detergent Gasoline. epa.gov. gasoline to contain detergent additives, Estimated Number of Respondents: SUPPLEMENTARY INFORMATION: effective January 1, 1995, and provided 69,504 (total). Supporting documents which explain in the Environmental Protection Agency Frequency of Response: On occasion. detail the information that the EPA will (EPA) with the authority to establish Total Estimated Burden: 220,181 be collecting are available in the public specifications for such additives. The hours (per year). Burden is defined at 5 docket for this ICR. The docket can be regulations at 40 CFR 80—Subpart G CFR 1320.03(b). viewed online at www.regulations.gov implemented certification requirements or in person at the EPA Docket Center, for detergents and imposed a variety of Total Estimated Cost: $20,180,587.00 WJC West, Room 3334, 1301 recordkeeping and reporting (per year), includes $335,040.00 Constitution Ave. NW., Washington, requirements for certain parties annualized capital or operation & DC. The telephone number for the involved with detergents, gasoline, or maintenance costs. Docket Center is 202–566–1744. For post-refinery component (any gasoline Changes in Estimates: The previous additional information about EPA’s blending stock or any oxygenate that is clearance consisted of 220,181 hours public docket, visit http://www.epa.gov/ blended with gasoline subsequent to the (3.17 hours per response), labor costs of dockets. gasoline refining process (PRC)). All $18,500,528, and O&M costs of Pursuant to section 3506(c)(2)(A) of gasolines must contain certified $335,040, for a total cost of $18,835,568. the PRA, the EPA is soliciting comments detergents, with the exception of There is no increase of hours in the total and information to enable it to: (i) research, racing, and aviation gasolines. estimated respondent burden compared Evaluate whether the proposed The EPA maintains a list of certified with the ICR currently approved by collection of information is necessary gasoline detergents at https:// OMB. The respondent universe and for the proper performance of the www3.epa.gov/otaq/fuels1/ffars/web- responses also remained the same in functions of the Agency, including detrg.htm. As of March 2014, there were this collection. There was an increase in whether the information will have 374 certified detergents and 17 cost to the industry of $1,345,019 per practical utility; (ii) evaluate the detergent manufacturers. Most of the year due to updated numbers used to accuracy of the Agency’s estimate of the certification activity occurred during the calculate the industry burden and to burden of the proposed collection of early years of the program. In 2012, 12 account for inflation.

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Dated: September 28, 2017. EIS No. 20170197, Final, FAA, OR, Consumer Financial Protection Byron J. Bunker, ADOPTION—Proposed Establishment Bureau Director, Compliance Division, Office of and Modification of Oregon Military By the direction of the Commission. Transportation and Air Quality, Office of Air Training Airspace, Contact: Paula Dated: September 29, 2017. and Radiation. Miller 202–267–7378 Cynthia G. Pierre, [FR Doc. 2017–21609 Filed 10–5–17; 8:45 am] Dated: October 2, 2017. Chief Operating Officer. BILLING CODE 6560–50–P Kelly Knight, [FR Doc. 2017–21530 Filed 10–5–17; 8:45 am] Director, NEPA Compliance Division, Office BILLING CODE 6570–01–P of Federal Activities. ENVIRONMENTAL PROTECTION AGENCY [FR Doc. 2017–21548 Filed 10–5–17; 8:45 am] BILLING CODE 6560–50–P EXPORT-IMPORT BANK OF THE [ER–FRL–9035–5] UNITED STATES

Environmental Impact Statements; EQUAL EMPLOYMENT OPPORTUNITY [Public Notice: 2017–6008] Notice of Availability COMMISSION Agency Information Collection Responsible Agency: Office of Federal SES Performance Review Board— Activities: Comment Request Activities, General Information (202) Appointment of Members 564–7146 or http://www2.epa.gov/ AGENCY: Export-Import Bank of the nepa/. AGENCY: Equal Employment United States. Weekly receipt of Environmental Impact Opportunity Commission. ACTION: Submission for OMB review and Statements (EIS) ACTION: Notice. comments request. Filed 09/25/2017 Through 09/29/2017 Form Title: EIB 92–34 Application for Pursuant to 40 CFR 1506.9. SUMMARY: Notice is hereby given of the appointment of members to the Short-Term Letter of Credit Export Notice Performance Review Board of the Equal Credit Insurance Policy. Section 309(a) of the Clean Air Act Employment Opportunity Commission. SUMMARY: The Export-Import Banks of requires that EPA make public its FOR FURTHER INFORMATION CONTACT: the United States (Ex-Im Bank), as part comments on EISs issued by other Traci M. DiMartini, Chief Human of its continuing effort to reduce Federal agencies. EPA’s comment letters Capital Officer, U.S. Equal Employment paperwork and respondent burden, on EISs are available at: https:// Opportunity Commission, 131 M Street invites the general public and other cdxnodengn.epa.gov/cdx-nepa-public/ NE., Washington, DC 20507, (202) 663– Federal Agencies to comment on the action/eis/search. 4306. proposed information collection, as required by the Paperwork Reduction EIS No. 20170190, Draft, USACE, CA, SUPPLEMENTARY INFORMATION: Act of 1995. Ballona Wetlands Restoration Project, Publication of the Performance Review This collection of information is Comment Period Ends: 11/24/2017, Board (PRB) membership is required by necessary, pursuant to 12 U.S.C. Sec. Contact: Daniel Swenson 213–452– 5 U.S.C. 4314(c)(4). The PRB reviews 635 (a) (1), to determine eligibility of the 3414 and evaluates the initial appraisal of a applicant for Ex-Im Bank assistance. EIS No. 20170191, Final Supplement, senior executive’ s performance by the The Application for Short Term Letter USAF, AK, F–35A Operational supervisor, and makes of Credit Export Credit Insurance Policy Beddown—Pacific, Review Period recommendations to the Chair, EEOC, is used to determine the eligibility of the Ends: 11/05/2017, Contact: Mike with respect to performance ratings, pay applicant and the transaction for Export Ackerman 210–925–2741 level adjustments and performance Import Bank assistance under its EIS No. 20170192, Draft Supplement, awards. insurance program. Export Import Bank FERC, FL, Southeast Market Pipelines The following are the names and titles customers are able to submit this form Project, Comment Period Ends: 11/20/ of executives appointed to serve as on paper or electronically. 2017, Contact: John Peconom 202– members of the SES PRB. Designated The application tool can be reviewed 502–6352 members will serve a 12-month term; at: https://www.exim.gov/sites/default/ EIS No. 20170193, Final, USACE, CA, which begins on November 1, 2017. files//forms/eib92-34.pdf. Berths 226 to 236 [Everport] Container PRB Chair: DATES: Terminal Improvements Project, Mr. Bryan C. Burnett, Chief Comments must be received on Review Period Ends: 11/06/2017, Information Officer, Equal or before December 5, 2017 to be Contact: Theresa Stevens 805–585– Employment Opportunity assured of consideration. 2146 Commission ADDRESSES: Comments may be EIS No. 20170194, Final, BLM, NV, Gold Members: submitted electronically on Bar Mine Project, Review Period Mr. Carlton Hadden, Director, Office WWW.REGULATIONS.GOV or by mail Ends: 11/05/2017, Contact: Christine of Federal Operations, Equal to Mardel West, Export-Import Bank of Gabriel 775–635–4164 Employment Opportunity the United States, 811 Vermont Ave. EIS No. 20170195, Revised Draft, USFS, Commission NW., Washington, DC. CA, Lassen National Forest Over- Ms. Germaine P. Roseboro, Chief SUPPLEMENTARY INFORMATION: Snow Vehicle (OSV) Use Designation, Financial Officer, Equal Title and Form Number: EIB 92–34 Comment Period Ends: 11/20/2017, Employment Opportunity Application for Short-Term Letter of Contact: Chris Obrien 530–252–6698 Commission Credit Export Credit Insurance Policy. EIS No. 20170196, Final Supplement, Ms. Marika Litras, Enforcement OMB Number: 3048–0009. USACE, CA, Folsom Dam Raise Director, U.S. Department of Labor Type of Review: Regular. Project, Review Period Ends: 11/05/ Mr. Stuart Ishimaru, Assistant Need and Use: This form is used by 2017, Contact: Victoria Hermanson Director, Office of Equal a financial institution (or broker acting 916–557–7330 Opportunity and Fairness, on its behalf) to obtain approval for

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coverage of a short-term letter of credit. FEDERAL COMMUNICATIONS the FCC invites the general public and The information allows the Ex-Im Bank COMMISSION other Federal agencies to take this staff to make a determination of the opportunity to comment on the [OMB 3060–XXXX] eligibility of the applicant and following information collections. transaction for Ex-Im Bank assistance Information Collection Being Reviewed Comments are requested concerning: under its programs. by the Federal Communications Whether the proposed collection of Affected Public: This form affects Commission information is necessary for the proper entities involved in the export of U.S. performance of the functions of the goods and services. AGENCY: Federal Communications Commission, including whether the Annual Number of Respondents: 11. Commission. information shall have practical utility; Estimated Time per Respondent: 1 hr. ACTION: Notice and request for the accuracy of the Commission’s Annual Burden Hours: 11. comments. burden estimate; ways to enhance the Frequency of Reporting of Use: On quality, utility, and clarity of the occasion. SUMMARY: As part of its continuing effort information collected; ways to minimize Government Reviewing Time per to reduce paperwork burdens, and as the burden of the collection of Year: 11 hours. required by the Paperwork Reduction information on the respondents, Average Wages per Hour: $42.50. Act (PRA), the Federal Communications including the use of automated Average Cost per Year: $468 (time * Commission (FCC or Commission) collection techniques or other forms of wages). invites the general public and other information technology; and ways to Benefits and Overhead: 20%. Federal agencies to take this further reduce the information Total Government Cost: $561. opportunity to comment on the collection burden on small business following information collections. Bassam Doughman, concerns with fewer than 25 employees. Comments are requested concerning: OMB Control Number: 3060–XXXX. IT Specialist. Whether the proposed collection of Title: Mobility Fund Phase II [FR Doc. 2017–21578 Filed 10–5–17; 8:45 am] information is necessary for the proper Challenge Process. BILLING CODE 6690–01–P performance of the functions of the Form Number: N/A. Commission, including whether the Type of Review: New information information shall have practical utility; collection. FEDERAL ACCOUNTING STANDARDS the accuracy of the Commission’s Respondents: Business or other for- ADVISORY BOARD burden estimate; ways to enhance the profit entities, not-for-profit institutions, quality, utility, and clarity of the and state, local or tribal governments. Notice of Issuance of Federal Financial information collected; ways to minimize Estimated Number of Respondents Accounting Technical Release 18, the burden of the collection of and Responses: 500 respondents and Implementation Guidance for information on the respondents, 500 responses. Establishing Opening Balances including the use of automated Estimated Time per Response: 204 collection techniques or other forms of hours for challengers; 71 hours for AGENCY: Federal Accounting Standards information technology; and ways to challenged parties. Advisory Board. further reduce the information Frequency of Response: One-time ACTION: Notice. collection burden on small business reporting requirement. concerns with fewer than 25 employees. Obligation to Respond: Required to Pursuant to 31 U.S.C. 3511(d), the The FCC may not conduct or sponsor obtain or retain benefits. Statutory Federal Advisory Committee Act (Pub. a collection of information unless it authority for the currently approved L. 92–463), as amended, and the FASAB displays a currently valid Office of information collection is contained in Rules Of Procedure, as amended in Management and Budget (OMB) control sections 154, 254, and 303(r) of the October 2010, notice is hereby given number. No person shall be subject to Communications Act, as amended, 47 that the Federal Accounting Standards any penalty for failing to comply with U.S.C. 4, 254, 303(r). Advisory Board (FASAB) has issued a collection of information subject to the Estimated Total Annual Burden: Federal Financial Accounting Technical PRA that does not display a valid OMB 78,725 hours. Release (TR) 18, Implementation control number. Total Annual Costs: None. Guidance for Establishing Opening DATES: Written comments should be Nature and Extent of Confidentiality: Balances. submitted on or before December 5, To the extent the information submitted The Technical Release is available on 2017. If you anticipate that you will be pursuant to this information collection the FASAB Web site at http:// submitting comments, but find it is determined to be confidential, it will www.fasab.gov/accounting-standards/. difficult to do so within the period of be protected by the Commission. If a Copies can be obtained by contacting time allowed by this notice, you should respondent seeks to have information FASAB at (202) 512–7350. advise the contacts below as soon as collected pursuant to this information FOR FURTHER INFORMATION CONTACT: Ms. possible. collection withheld from public Wendy M. Payne, Executive Director, inspection, the respondent may request 441 G Street NW., Mailstop 6H19, ADDRESSES: Direct all PRA comments to confidential treatment pursuant to Washington, DC 20548, or call (202) Cathy Williams, FCC, via email PRA@ section 0.459 of the Commission’s rules 512–7350. fcc.gov and to [email protected]. for such information. See 47 CFR 0.459. FOR FURTHER INFORMATION CONTACT: For Authority: Federal Advisory Committee Privacy Act Impact Assessment: No Act, Pub. L. 92–463. additional information about the impact(s). information collection, contact Cathy Needs and Uses: A request for Dated: October 2, 2017. Williams at (202) 418–2918. approval of this new information Wendy M. Payne, SUPPLEMENTARY INFORMATION: As part of collection will be submitted to the Executive Director. its continuing effort to reduce Office of Management and Budget [FR Doc. 2017–21593 Filed 10–5–17; 8:45 am] paperwork burdens, and as required by (OMB) after this 60-day comment period BILLING CODE 1610–02–P the PRA of 1995 (44 U.S.C. 3501–3520), in order to obtain the full three-year

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clearance from OMB. In its November one or more areas initially deemed lack adequate mobile voice and 2011 USF/ICC Transformation Order ineligible for MF–II support (i.e., areas broadband coverage absent subsidies (FCC 11–161), the Commission not listed on the Commission’s map of through a transparent process. established the Mobility Fund, which areas presumptively eligible for MF–II Federal Communications Commission. support and challenged parties can consists of two phases. Mobility Fund Marlene H. Dortch, Phase I (MF–I) provided one-time respond to challenges. Secretary, Office of the Secretary. universal service support payments to A challenger seeking to initiate a immediately accelerate deployment of challenge of one or more areas initially [FR Doc. 2017–21515 Filed 10–5–17; 8:45 am] mobile broadband services. MF–II will deemed ineligible in the Commission’s BILLING CODE 6712–01–P use a reverse auction to provide ongoing map of areas presumptively eligible for universal service support payments to MF–II support may do so via the online continue to advance deployment of such challenge portal developed by USAC for services. The Commission adopted the this purpose (the USAC portal). For FEDERAL DEPOSIT INSURANCE rules and framework for MF–I in the each state, a challenger must (1) identify CORPORATION USF/ICC Transformation Order, and the area(s) it seeks to challenge, (2) submit detailed proof of a lack of Notice of Termination: 10367—Summit sought comment in an accompanying Bank, Burlington, Washington further notice of proposed rulemaking unsubsidized, qualified 4G LTE on the proposed framework for MF–II. coverage in each challenged area in the The Federal Deposit Insurance In its February 2017 Mobility Fund II form of actual outdoor speed test data Corporation (FDIC), as Receiver for Report and Order and Further Notice of collected using the standardized 10367—Summit Bank, Burlington, Proposed Rulemaking (MF–II Report parameters specified by the Commission Washington (Receiver) has been and Order and/or FNPRM) (FCC 17–11), in the Challenge Process Order and any authorized to take all actions necessary the FCC adopted the rules and other parameters the Commission or the to terminate the Receivership Estate of framework for moving forward Wireless Telecommunications Bureau Summit Bank (Receivership Estate); the expeditiously with the MF–II auction. and Wireline Competition Bureau (the Receiver has made all dividend Among other things, the Commission Bureaus) may implement, and (3) certify distributions required by law. stated in the MF–II Report and Order its challenge. The Receiver has further irrevocably After the challenge window closes, that, prior to the auction, it would authorized and appointed FDIC- the USAC system will use an automated establish a map of areas presumptively Corporate as its attorney-in-fact to challenge validation process developed eligible for MF–II support based on the execute and file any and all documents by USAC to validate a challenger’s most recently available FCC Form 477 that may be required to be executed by evidence and will determine which mobile wireless coverage data, and the Receiver which FDIC-Corporate, in challenged areas pass validation and provide a limited timeframe for parties its sole discretion, deems necessary; which fail. Once all valid challenges to challenge those initial determinations have been identified, a challenged party including but not limited to releases, during the pre-auction process. The that chooses to respond to any valid discharges, satisfactions, endorsements, Commission sought comment in the challenge(s) will have a response assignments and deeds. accompanying Mobility Fund II FNPRM window within which to submit Effective October 1, 2017, the on how to best design a robust, targeted additional data via the online USAC Receivership Estate has been MF–II challenge process that efficiently portal. A challenged party may submit terminated, the Receiver discharged, resolves disputes about the areas technical information that is probative and the Receivership Estate has ceased eligible for MF–II support. regarding the validity of a challenger’s to exist as a legal entity. In August 2017, the Commission speed tests (i.e., information Dated: October 2, 2017. released an Order on Reconsideration demonstrating that the challenger’s Federal Deposit Insurance Corporation. and Second Report and Order speed tests are invalid or do not Robert E. Feldman, (Challenge Process Order) (FCC 17–102) accurately reflect network performance), Executive Secretary. in which it (1) reconsidered its earlier including speed test data and other [FR Doc. 2017–21505 Filed 10–5–17; 8:45 am] decision to use FCC Form 477 data to device-specific data collected from compile the map of areas presumptively transmitter monitoring software or, BILLING CODE 6714–01–P eligible for MF–II support and decided alternatively, may submit its own speed it would instead conduct a new, one- test data that conforms to the same time data collection with specified data standards and requirements specified by FEDERAL ELECTION COMMISSION parameters tailored to MF–II to the Commission and the Bureaus for determine the areas in which there is challengers. Sunshine Act Meeting deployment of qualified LTE that will In conjunction with the qualified 4G be used (together with high-cost LTE data separately collected pursuant TIME AND DATES: Wednesday, October 11, disbursement data available from the to OMB 3060–1242 that will be used to 2017 at 10:00 a.m. and its Continuation Universal Service Administrative create the map of areas presumptively on Thursday, October 12, 2017 at 10:00 Company (USAC)) for this purpose, and eligible for MF–II support, the a.m. (2) adopted a streamlined challenge information collected under this new PLACE: 999 E Street NW., Washington, process that will efficiently resolve MF–II challenge process collection will DC. disputes about areas deemed enable the Commission to efficiently presumptively ineligible for MF–II resolve disputes concerning the STATUS: This Meeting Will be Closed to support. The map of areas eligibility or ineligibility of an area the Public. presumptively eligible for MF–II initially deemed ineligible for MF–II MATTERS TO BE CONSIDERED: Compliance support will serve as the starting point support and establish the final map of matters pursuant to 52 U.S.C. 30109. for the challenge process pursuant to areas eligible for such support, thereby Matters relating to internal personnel which an interested party (challenger) furthering the Commission’s goal of decisions, or internal rules and may initiate a challenge with respect to targeting MF–II support to areas that practices.

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Matters concerning participation in to 5:30 p.m., Monday and Tuesday and 93.848, Digestive Diseases and Nutrition civil actions or proceedings or 8:00 a.m. to 12:30 p.m., on Wednesday. Research; 93.849, Kidney Diseases, Urology arbitration. The meeting will be held at the and Hematology Research, National Institutes of Health, HHS) * * * * * Doubletree Hotel, 300 Army Navy Drive, Dated: October 2, 2017. CONTACT PERSON FOR MORE INFORMATION: Arlington, Virginia. The purpose of this Judith Ingram, Press Officer, Telephone: meeting is to discuss the Federal David Clary, (202) 694–1220. Depository Library Program. All Program Analyst, Office of Federal Advisory sessions are open to the public. The Committee Policy. Laura E. Sinram, United States Government Publishing [FR Doc. 2017–21526 Filed 10–5–17; 8:45 am] Deputy Secretary of the Commission. Office is in compliance with the BILLING CODE 4140–01–P [FR Doc. 2017–21801 Filed 10–4–17; 4:15 pm] requirements of Title III of the BILLING CODE 6715–01–P Americans with Disabilities Act and meets all Fire Safety Act regulations. DEPARTMENT OF HEALTH AND HUMAN SERVICES Davita Vance-Cooks, FEDERAL MARITIME COMMISSION Director, Government Publishing Office. National Institutes of Health [FR Doc. 2017–21533 Filed 10–5–17; 8:45 am] Notice of Agreement Filed BILLING CODE 1520–01–P National Institute of Diabetes and The Commission hereby gives notice Digestive and Kidney Diseases; Notice of the filing of the following agreement of Closed Meeting under the Shipping Act of 1984. DEPARTMENT OF HEALTH AND Interested parties may submit comments HUMAN SERVICES Pursuant to section 10(d) of the on the agreement to the Secretary, Federal Advisory Committee Act, as Federal Maritime Commission, National Institutes of Health amended, notice is hereby given of the Washington, DC 20573, within twelve following meeting. days of the date this notice appears in National Institute of Diabetes and The meeting will be closed to the the Federal Register. A copy of the Digestive and Kidney Diseases; Notice public in accordance with the agreement is available through the of Closed Meeting provisions set forth in sections Commission’s Web site (www.fmc.gov) Pursuant to section 10(d) of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., or by contacting the Office of Federal Advisory Committee Act, as as amended. The grant applications and Agreements at (202) 523–5793 or amended, notice is hereby given of the the discussions could disclose [email protected]. following meeting. confidential trade secrets or commercial Agreement No.: 012492. The meeting will be closed to the property such as patentable material, Title: Schuyler Line/US Ocean Space public in accordance with the and personal information concerning Charter and Cooperative Working provisions set forth in sections individuals associated with the grant Agreement. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications, the disclosure of which Parties: Schuyler Line Navigation as amended. The grant applications and would constitute a clearly unwarranted Company, L.L.C. and U.S. Ocean, L.L.C. the discussions could disclose invasion of personal privacy. Filing Party: Bryant Gardner; Winston confidential trade secrets or commercial Name of Committee: National Institute of & Strawn LLP; 1700 K Street NW., property such as patentable material, Diabetes and Digestive and Kidney Diseases Washington, DC 20006. and personal information concerning Special Emphasis Panel; Renal and Synopsis: The Agreement would individuals associated with the grant Urological Clinical Small Business authorize the parties to charter space to applications, the disclosure of which Applications. each other and cooperate in a pooling Date: November 10, 2017. would constitute a clearly unwarranted Time: 4:00 p.m. to 5:00 p.m. arrangement between the U.S. and invasion of personal privacy. Agenda: To review and evaluate grant certain countries in Africa, Europe, the Name of Committee: National Institute of applications. Mediterranean, South and Central Diabetes and Digestive and Kidney Diseases Place: National Institutes of Health, Two America, and the Caribbean. Special Emphasis Panel; Time-Sensitive Democracy Plaza, 6707 Democracy By Order of the Federal Maritime Obesity. Boulevard, Bethesda, MD 20892 (Telephone Commission. Date: October 23, 2017. Conference Call). Time: 2:00 p.m. to 4:00 p.m. Contact Person: Ryan G. Morris, Ph.D., Dated: October 3, 2017. Agenda: To review and evaluate grant Scientific Review Officer, Review Branch, Rachel E. Dickon, applications. DEA, NIDDK, National Institutes of Health, Assistant Secretary. Place: National Institutes of Health, Two Room 7015, 6707 Democracy Boulevard, [FR Doc. 2017–21564 Filed 10–5–17; 8:45 am] Democracy Plaza, 6707 Democracy Bethesda, MD 20892–2542, 301–594–4721, [email protected]. BILLING CODE 6731–AA–P Boulevard, Bethesda, MD 20892 (Telephone Conference Call). (Catalogue of Federal Domestic Assistance Contact Person: Michele L. Barnard, Ph.D., Program Nos. 93.847, Diabetes, Scientific Review Officer, Review Branch, Endocrinology and Metabolic Research; GOVERNMENT PUBLISHING OFFICE DEA, NIDDK, National Institutes of Health, 93.848, Digestive Diseases and Nutrition Room 7353, 6707 Democracy Boulevard, Research; 93.849, Kidney Diseases, Urology Depository Library Council to the Bethesda, MD 20892–2542, (301) 594–8898, and Hematology Research, National Institutes Director; Meeting [email protected]. of Health, HHS) This notice is being published less than 15 Dated: October 2, 2017. The Depository Library Council (DLC) days prior to the meeting due to the timing to the Director, Government Publishing limitations imposed by the review and David Clary, Office (GPO) will meet on Monday, funding cycle. Program Analyst, Office of Federal Advisory October 16, 2017 through Wednesday, (Catalogue of Federal Domestic Assistance Committee Policy. October 18, 2017 in Arlington, Virginia. Program Nos. 93.847, Diabetes, [FR Doc. 2017–21527 Filed 10–5–17; 8:45 am] The sessions will take place from 8 a.m. Endocrinology and Metabolic Research; BILLING CODE 4140–01–P

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DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND ACTION: Notice. SECURITY SECURITY SUMMARY: This notice amends the notice Federal Emergency Management Federal Emergency Management of a major disaster declaration for the Agency Agency State of Georgia (FEMA–4338–DR), dated September 15, 2017, and related [Internal Agency Docket No. FEMA–3382– determinations. [Internal Agency Docket No. FEMA–4337– EM; Docket ID FEMA–2017–0001] DR; Docket ID FEMA–2017–0001] DATES: This amendment was issued Louisiana; Amendment No. 2 to Notice September 28, 2017. Florida; Amendment No. 6 to Notice of of an Emergency Declaration FOR FURTHER INFORMATION CONTACT: a Major Disaster Declaration Dean Webster, Office of Response and AGENCY: Federal Emergency Recovery, Federal Emergency AGENCY: Federal Emergency Management Agency, DHS. Management Agency, 500 C Street SW., Management Agency, DHS. ACTION: Notice. Washington, DC 20472, (202) 646–2833. ACTION: Notice. SUMMARY: This notice amends the notice SUPPLEMENTARY INFORMATION: The notice of an emergency declaration for the of a major disaster declaration for the State of Georgia is hereby amended to SUMMARY: This notice amends the notice State of Louisiana (FEMA–3382–EM), of a major disaster declaration for the dated August 28, 2017, and related include permanent work under the State of Florida (FEMA–4337–DR), determinations. Public Assistance program for those areas determined to have been adversely dated September 10, 2017, and related DATES: This amendment was issued determinations. affected by the event declared a major September 10, 2017. disaster by the President in his DATES: This amendment was issued FOR FURTHER INFORMATION CONTACT: declaration of September 15, 2017. September 14, 2017. Dean Webster, Office of Response and Recovery, Federal Emergency Appling, Atkinson, Bacon, Baker, Baldwin, Banks, Barrow, Ben Hill, Berrien, Brantley, FOR FURTHER INFORMATION CONTACT: Management Agency, 500 C Street SW., Dean Webster, Office of Response and Brooks, Bryan, Bulloch, Burke, Butts, Washington, DC 20472, (202) 646–2833. Calhoun, Candler, Clay, Colquitt, Cook, Recovery, Federal Emergency SUPPLEMENTARY INFORMATION: Notice is Coweta, Crawford, Crisp, Dawson, Management Agency, 500 C Street SW., hereby given that the incident period for Dougherty, Early, Elbert, Emanuel, Evans, Washington, DC 20472, (202) 646–2833. this emergency is closed effective Fayette, Forsyth, Franklin, Gilmer, Greene, Habersham, Hall, Hancock, Harris, Hart, SUPPLEMENTARY INFORMATION: The notice September 10, 2017. Houston, Irwin, Jackson, Jasper, Jeff Davis, of a major disaster declaration for the The following Catalog of Federal Domestic Jenkins, Johnson, Jones, Lamar, Laurens, State of Florida is hereby amended to Assistance Numbers (CFDA) are to be used Lincoln, Long, Lumpkin, Macon, Madison, include the following areas among those for reporting and drawing funds: 97.030, Marion, Meriwether, Miller, Monroe, areas determined to have been adversely Community Disaster Loans; 97.031, Cora Montgomery, Morgan, Newton, Oconee, affected by the event declared a major Brown Fund; 97.032, Crisis Counseling; Oglethorpe, Peach, Pickens, Pierce, Pike, disaster by the President in his 97.033, Disaster Legal Services; 97.034, Putnam, Quitman, Rabun, Randolph, Disaster Unemployment Assistance (DUA); declaration of September 10, 2017. Rockdale, Schley, Screven, Seminole, 97.046, Fire Management Assistance Grant; Spalding, Stephens, Talbot, Taliaferro, Alachua, Baker, Bradford, Columbia, 97.048, Disaster Housing Assistance to Tattnall, Taylor, Telfair, Toombs, Treutlen, Gilchrist, Levy, Nassau, Suwannee, and Individuals and Households In Presidentially Troup, Turner, Walton, Ware, Warren, Union Counties for Individual Assistance Declared Disaster Areas; 97.049, Washington, Wayne, Wheeler, Wilcox, (already designated for debris removal and Presidentially Declared Disaster Assistance— Wilkes, and Worth Counties for Public emergency protective measures [Categories A Disaster Housing Operations for Individuals Assistance [Categories C–G] (already and B], including direct federal assistance, and Households; 97.050 Presidentially designated for debris removal and emergency under the Public Assistance program). Declared Disaster Assistance to Individuals protective measures [Categories A and B], and Households—Other Needs; 97.036, The following Catalog of Federal Domestic including direct federal assistance, under the Disaster Grants—Public Assistance Assistance Numbers (CFDA) are to be used Public Assistance program). (Presidentially Declared Disasters); 97.039, for reporting and drawing funds: 97.030, Camden, Charlton, Chatham, Coffee, Hazard Mitigation Grant. Community Disaster Loans; 97.031, Cora Glynn, Liberty, and McIntosh Counties for Public Assistance [Categories C–G] (already Brown Fund; 97.032, Crisis Counseling; Brock Long, designated for Individual Assistance and 97.033, Disaster Legal Services; 97.034, Administrator, Federal Emergency assistance for debris removal and emergency Disaster Unemployment Assistance (DUA); Management Agency. protective measures [Categories A and B], 97.046, Fire Management Assistance Grant; [FR Doc. 2017–21637 Filed 10–5–17; 8:45 am] including direct federal assistance, under the 97.048, Disaster Housing Assistance to Public Assistance program). Individuals and Households In Presidentially BILLING CODE 9111–23–P Declared Disaster Areas; 97.049, The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used Presidentially Declared Disaster Assistance— for reporting and drawing funds: 97.030, Disaster Housing Operations for Individuals DEPARTMENT OF HOMELAND Community Disaster Loans; 97.031, Cora and Households; 97.050 Presidentially SECURITY Brown Fund; 97.032, Crisis Counseling; Declared Disaster Assistance to Individuals 97.033, Disaster Legal Services; 97.034, and Households—Other Needs; 97.036, Federal Emergency Management Agency Disaster Unemployment Assistance (DUA); Disaster Grants—Public Assistance 97.046, Fire Management Assistance Grant; (Presidentially Declared Disasters); 97.039, [Internal Agency Docket No. FEMA–4338– 97.048, Disaster Housing Assistance to Hazard Mitigation Grant. DR; Docket ID FEMA–2017–0001] Individuals and Households In Presidentially Brock Long, Declared Disaster Areas; 97.049, Georgia; Amendment No. 4 to Notice of Presidentially Declared Disaster Assistance— Administrator, Federal Emergency a Major Disaster Declaration Disaster Housing Operations for Individuals Management Agency. and Households; 97.050 Presidentially [FR Doc. 2017–21651 Filed 10–5–17; 8:45 am] AGENCY: Federal Emergency Declared Disaster Assistance to Individuals BILLING CODE 9111–23–P Management Agency, DHS. and Households—Other Needs; 97.036,

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Disaster Grants—Public Assistance Hazard Mitigation and Other Needs DEPARTMENT OF HOMELAND (Presidentially Declared Disasters); 97.039, Assistance will be limited to 75 percent of SECURITY Hazard Mitigation Grant. the total eligible costs. Federal funds provided under the Stafford Act for Public Federal Emergency Management Brock Long, Assistance also will be limited to 75 percent Agency Administrator, Federal Emergency of the total eligible costs. For a period of 30 [Internal Agency Docket No. FEMA–4340– Management Agency. days from the start of the incident period, DR; Docket ID FEMA–2017–0001] [FR Doc. 2017–21647 Filed 10–5–17; 8:45 am] assistance for emergency protective BILLING CODE 9111–23–P measures, including direct Federal Virgin Islands; Major Disaster and assistance, is authorized at 100 percent of the Related Determinations total eligible costs. Federal funding for debris DEPARTMENT OF HOMELAND removal will remain at 75 percent. AGENCY: Federal Emergency SECURITY Further, you are authorized to make Management Agency, DHS. changes to this declaration for the approved ACTION: Notice. Federal Emergency Management assistance to the extent allowable under the Agency Stafford Act. SUMMARY: This is a notice of the [Internal Agency Docket No. FEMA–4341– Presidential declaration of a major DR; Docket ID FEMA–2017–0001] The time period prescribed for the disaster for the territory of the U.S. implementation of section 310(a), Virgin Islands (FEMA–4340–DR), dated Seminole Tribe of Florida; Major Priority to Certain Applications for September 20, 2017, and related Disaster and Related Determinations Public Facility and Public Housing determinations. Assistance, 42 U.S.C. 5153, shall be for AGENCY: DATES: The declaration was issued Federal Emergency a period not to exceed six months after September 20, 2017. Management Agency, DHS. the date of this declaration. ACTION: Notice. FOR FURTHER INFORMATION CONTACT: The Federal Emergency Management Dean Webster, Office of Response and SUMMARY: This is a notice of the Agency (FEMA) hereby gives notice that Recovery, Federal Emergency Presidential declaration of a major pursuant to the authority vested in the Management Agency, 500 C Street SW., disaster for the Seminole Tribe of Administrator, under Executive Order Washington, DC 20472, (202) 646–2833. Florida (FEMA–4341–DR), dated 12148, as amended, Willie G. Nunn, of SUPPLEMENTARY INFORMATION: Notice is September 27, 2017, and related FEMA is appointed to act as the Federal hereby given that, in a letter dated determinations. Coordinating Officer for this major September 20, 2017, the President disaster. DATES: The declaration was issued issued a major disaster declaration September 27, 2017. The following areas have been under the authority of the Robert T. FOR FURTHER INFORMATION CONTACT: designated as adversely affected by this Stafford Disaster Relief and Emergency Dean Webster, Office of Response and major disaster: Assistance Act, 42 U.S.C. 5121 et seq. Recovery, Federal Emergency Seminole Tribe of Florida and associated (the ‘‘Stafford Act’’), as follows: Management Agency, 500 C Street SW., lands for Individual Assistance. I have determined that the damage in Washington, DC 20472, (202) 646–2833. Seminole Tribe of Florida and associated certain areas of the territory of the U.S. Virgin SUPPLEMENTARY INFORMATION: Notice is lands for Public Assistance. Islands resulting from Hurricane Maria hereby given that, in a letter dated The Seminole Tribe of Florida and beginning on September 16, 2017, and September 27, 2017, the President associated lands are eligible to apply for continuing, is of sufficient severity and issued a major disaster declaration assistance under the Hazard Mitigation Grant magnitude to warrant a major disaster declaration under the Robert T. Stafford under the authority of the Robert T. Program. Stafford Disaster Relief and Emergency Disaster Relief and Emergency Assistance The following Catalog of Federal Domestic Act, 42 U.S.C. 5121 et seq. (the ‘‘Stafford Assistance Act, 42 U.S.C. 5121 et seq. Assistance Numbers (CFDA) are to be used Act’’). Therefore, I declare that such a major (the ‘‘Stafford Act’’), as follows: for reporting and drawing funds: 97.030, disaster exists in the territory of the U.S. I have determined that the damage to the Community Disaster Loans; 97.031, Cora Virgin Islands. Seminole Tribe of Florida (Tribe), and its Brown Fund; 97.032, Crisis Counseling; In order to provide Federal assistance, you associated lands, resulting from Hurricane 97.033, Disaster Legal Services; 97.034, are hereby authorized to allocate from funds Irma beginning on September 4, 2017, and Disaster Unemployment Assistance (DUA); available for these purposes such amounts as continuing, is of sufficient severity and 97.046, Fire Management Assistance Grant; you find necessary for Federal disaster assistance and administrative expenses. magnitude to warrant a major disaster 97.048, Disaster Housing Assistance to declaration under the Robert T. Stafford You are authorized to provide Individual Individuals and Households In Presidentially Disaster Relief and Emergency Assistance Assistance and assistance for debris removal Act, 42 U.S.C. 5121 et seq. (the ‘‘Stafford Declared Disaster Areas; 97.049, and emergency protective measures Act’’). Therefore, I declare that such a major Presidentially Declared Disaster Assistance— (Categories A and B) under the Public disaster exists for the Tribe and its associated Disaster Housing Operations for Individuals Assistance program in the designated areas, lands. and Households; 97.050, Presidentially Hazard Mitigation throughout the territory, You are hereby authorized to allocate from Declared Disaster Assistance to Individuals and any other forms of assistance under the funds available for these purposes such and Households—Other Needs; 97.036, Stafford Act that you deem appropriate amounts as you find necessary for Federal Disaster Grants—Public Assistance subject to completion of Preliminary Damage disaster assistance and administrative (Presidentially Declared Disasters); 97.039, Assessments (PDAs). Direct Federal expenses. Hazard Mitigation Grant. assistance is authorized. You are authorized to provide Individual Consistent with the requirement that Assistance, Public Assistance, and Hazard Brock Long, Federal assistance is supplemental, any Mitigation for the Tribe and its associated Federal funds provided under the Stafford Administrator, Federal Emergency lands. Direct Federal assistance is authorized. Act for Hazard Mitigation and Other Needs Management Agency. Consistent with the requirement that Federal Assistance will be limited to 75 percent of assistance be supplemental, any Federal [FR Doc. 2017–21641 Filed 10–5–17; 8:45 am] the total eligible costs. Federal funds funds provided under the Stafford Act for BILLING CODE 9111–23–P provided under the Stafford Act for Public

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Assistance also will be limited to 75 percent DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND of the total eligible costs, with the exception SECURITY SECURITY of projects that meet the eligibility criteria for a higher Federal cost-sharing percentage Federal Emergency Management Federal Emergency Management under the Public Assistance Alternative Agency Agency Procedures Pilot Program for Debris Removal [Internal Agency Docket No. FEMA–3387– implemented pursuant to section 428 of the [Internal Agency Docket No. FEMA–4316– EM; Docket ID FEMA–2017–0001] Stafford Act. DR; Docket ID FEMA–2017–0001] Further, you are authorized to make Georgia; Amendment No. 3 to Notice of changes to this declaration for the approved New Hampshire; Amendment No. 1 to an Emergency Declaration assistance to the extent allowable under the Notice of a Major Disaster Declaration Stafford Act. AGENCY: Federal Emergency Management Agency, DHS. AGENCY: Federal Emergency The time period prescribed for the ACTION: Notice. implementation of section 310(a), Management Agency, DHS. SUMMARY: Priority to Certain Applications for ACTION: Notice. This notice amends the notice Public Facility and Public Housing of an emergency declaration for the State of Georgia (FEMA–3387–EM), Assistance, 42 U.S.C. 5153, shall be for SUMMARY: This notice amends the notice a period not to exceed six months after dated September 8, 2017, and related of a major disaster declaration for the determinations. the date of this declaration. State of New Hampshire (FEMA–4316– The Federal Emergency Management DR), dated June 1, 2017, and related DATES: This amendment was issued Agency (FEMA) hereby gives notice that determinations. September 26, 2017. pursuant to the authority vested in the FOR FURTHER INFORMATION CONTACT: Administrator, under Executive Order DATES: The amendment was issued on Dean Webster, Office of Response and 12148, as amended, William L. Vogel, of September 21, 2017. Recovery, Federal Emergency Management Agency, 500 C Street SW., FEMA is appointed to act as the Federal FOR FURTHER INFORMATION CONTACT: Washington, DC 20472, (202) 646–2833. Coordinating Officer for this major Dean Webster, Office of Response and SUPPLEMENTARY INFORMATION: Notice is disaster. Recovery, Federal Emergency hereby given that the incident period for Management Agency, 500 C Street SW., The following areas of the territory of this emergency is closed effective the U.S. Virgin Islands have been Washington, DC 20472, (202) 646–2833. September 20, 2017. designated as adversely affected by this SUPPLEMENTARY INFORMATION: The The following Catalog of Federal Domestic major disaster: Federal Emergency Management Agency Assistance Numbers (CFDA) are to be used The island of St. Croix for Individual (FEMA) hereby gives notice that for reporting and drawing funds: 97.030, Assistance. pursuant to the authority vested in the Community Disaster Loans; 97.031, Cora All islands in the territory of the U.S. Administrator, under Executive Order Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Virgin Islands for debris removal and 12148, as amended, James N. Russo, of Disaster Unemployment Assistance (DUA); emergency protective measures (Categories A FEMA is appointed to act as the Federal 97.046, Fire Management Assistance Grant; and B), including direct federal assistance, Coordinating Officer for this disaster. 97.048, Disaster Housing Assistance to under the Public Assistance program. This action terminates the Individuals and Households In Presidentially All islands in the territory of the U.S. Declared Disaster Areas; 97.049, Virgin Islands are eligible for assistance appointment of Albert Lewis as Federal Presidentially Declared Disaster Assistance— under the Hazard Mitigation Grant Program. Coordinating Officer for this disaster. Disaster Housing Operations for Individuals The following Catalog of Federal Domestic The following Catalog of Federal Domestic and Households; 97.050 Presidentially Declared Disaster Assistance to Individuals Assistance Numbers (CFDA) are to be used Assistance Numbers (CFDA) are to be used and Households—Other Needs; 97.036, for reporting and drawing funds: 97.030, for reporting and drawing funds: 97.030, Disaster Grants—Public Assistance Community Disaster Loans; 97.031, Cora Community Disaster Loans; 97.031, Cora (Presidentially Declared Disasters); 97.039, Brown Fund; 97.032, Crisis Counseling; Brown Fund; 97.032, Crisis Counseling; Hazard Mitigation Grant. 97.033, Disaster Legal Services; 97.034, 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); Disaster Unemployment Assistance (DUA); Brock Long, 97.046, Fire Management Assistance Grant; 97.046, Fire Management Assistance Grant; Administrator, Federal Emergency 97.048, Disaster Housing Assistance to 97.048, Disaster Housing Assistance to Management Agency. Individuals and Households In Presidentially Individuals and Households In Presidentially [FR Doc. 2017–21638 Filed 10–5–17; 8:45 am] Declared Disaster Areas; 97.049, Declared Disaster Areas; 97.049, BILLING CODE 9111–23–P Presidentially Declared Disaster Assistance— Presidentially Declared Disaster Assistance— Disaster Housing Operations for Individuals Disaster Housing Operations for Individuals and Households; 97.050, Presidentially and Households; 97.050, Presidentially DEPARTMENT OF HOMELAND Declared Disaster Assistance to Individuals Declared Disaster Assistance to Individuals SECURITY and Households—Other Needs; 97.036, and Households—Other Needs; 97.036, Disaster Grants—Public Assistance Disaster Grants—Public Assistance Federal Emergency Management (Presidentially Declared Disasters); 97.039, (Presidentially Declared Disasters); 97.039, Agency Hazard Mitigation Grant. Hazard Mitigation Grant. [Internal Agency Docket No. FEMA–3386– Brock Long, EM; Docket ID FEMA–2017–0001] Brock Long, Administrator, Federal Emergency Administrator, Federal Emergency South Carolina; Amendment No. 1 to Management Agency. Management Agency. Notice of an Emergency Declaration [FR Doc. 2017–21629 Filed 10–5–17; 8:45 am] [FR Doc. 2017–21632 Filed 10–5–17; 8:45 am] AGENCY: Federal Emergency BILLING CODE 911–23–P BILLING CODE 9111–23–P Management Agency, DHS.

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ACTION: Notice. dated September 5, 2017, and related FOR FURTHER INFORMATION CONTACT: determinations. Dean Webster, Office of Response and SUMMARY: This notice amends the notice Recovery, Federal Emergency of an emergency declaration for the DATES: The amendment was issued on September 18, 2017. Management Agency, 500 C Street SW., State of South Carolina (FEMA–3386– Washington, DC 20472, (202) 646–2833. EM), dated September 7, 2017, and FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: The related determinations. Dean Webster, Office of Response and Recovery, Federal Emergency Federal Emergency Management Agency DATES: The amendment was issued on (FEMA) hereby gives notice that September 15, 2017. Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646–2833. pursuant to the authority vested in the FOR FURTHER INFORMATION CONTACT: Administrator, under Executive Order SUPPLEMENTARY INFORMATION: Dean Webster, Office of Response and The 12148, as amended, Willie G. Nunn, of Recovery, Federal Emergency Federal Emergency Management Agency FEMA is appointed to act as the Federal Management Agency, 500 C Street SW., (FEMA) hereby gives notice that Coordinating Officer for this emergency. Washington, DC 20472, (202) 646–2833. pursuant to the authority vested in the This action terminates the SUPPLEMENTARY INFORMATION: The Administrator, under Executive Order appointment of Justo´ Herna´ndez as Federal Emergency Management Agency 12148, as amended, Willie G. Nunn, of Federal Coordinating Officer for this (FEMA) hereby gives notice that FEMA is appointed to act as the Federal disaster. Coordinating Officer for this emergency. pursuant to the authority vested in the The following Catalog of Federal Domestic Administrator, under Executive Order This action terminates the appointment of Justo´ Herna´ndez as Assistance Numbers (CFDA) are to be used 12148, as amended, Warren J. Riley, of for reporting and drawing funds: 97.030, FEMA is appointed to act as the Federal Federal Coordinating Officer for this Community Disaster Loans; 97.031, Cora Coordinating Officer for this emergency. disaster. Brown Fund; 97.032, Crisis Counseling; This action terminates the The following Catalog of Federal Domestic 97.033, Disaster Legal Services; 97.034, appointment of Willie G. Nunn as Assistance Numbers (CFDA) are to be used Disaster Unemployment Assistance (DUA); Federal Coordinating Officer for this for reporting and drawing funds: 97.030, 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to disaster. Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; Individuals and Households In Presidentially The following Catalog of Federal Domestic 97.033, Disaster Legal Services; 97.034, Declared Disaster Areas; 97.049, Assistance Numbers (CFDA) are to be used Disaster Unemployment Assistance (DUA); Presidentially Declared Disaster Assistance— for reporting and drawing funds: 97.030, 97.046, Fire Management Assistance Grant; Disaster Housing Operations for Individuals Community Disaster Loans; 97.031, Cora 97.048, Disaster Housing Assistance to and Households; 97.050, Presidentially Brown Fund; 97.032, Crisis Counseling; Individuals and Households in Presidentially Declared Disaster Assistance to Individuals 97.033, Disaster Legal Services; 97.034, Declared Disaster Areas; 97.049, and Households—Other Needs; 97.036, Disaster Unemployment Assistance (DUA); Presidentially Declared Disaster Assistance— Disaster Grants—Public Assistance 97.046, Fire Management Assistance Grant; Disaster Housing Operations for Individuals (Presidentially Declared Disasters); 97.039, 97.048, Disaster Housing Assistance to and Households; 97.050, Presidentially Hazard Mitigation Grant. Individuals and Households In Presidentially Declared Disaster Assistance to Individuals Brock Long, Declared Disaster Areas; 97.049, and Households—Other Needs; 97.036, Administrator, Federal Emergency Presidentially Declared Disaster Assistance— Disaster Grants—Public Assistance Management Agency. Disaster Housing Operations for Individuals (Presidentially Declared Disasters); 97.039, and Households; 97.050, Presidentially Hazard Mitigation Grant. [FR Doc. 2017–21648 Filed 10–5–17; 8:45 am] Declared Disaster Assistance to Individuals BILLING CODE 9111–23–P and Households—Other Needs; 97.036, Brock Long, Disaster Grants—Public Assistance Administrator, Federal Emergency (Presidentially Declared Disasters); 97.039, Management Agency. DEPARTMENT OF HOMELAND Hazard Mitigation Grant. [FR Doc. 2017–21639 Filed 10–5–17; 8:45 am] SECURITY Brock Long, BILLING CODE 9111–23–P Federal Emergency Management Administrator, Federal Emergency Management Agency. Agency DEPARTMENT OF HOMELAND [FR Doc. 2017–21631 Filed 10–5–17; 8:45 am] [Internal Agency Docket No. FEMA–4336– SECURITY BILLING CODE 9111–23–P DR; Docket ID FEMA–2017–0001] Federal Emergency Management Puerto Rico; Amendment No. 4 to Agency DEPARTMENT OF HOMELAND Notice of a Major Disaster Declaration SECURITY [Internal Agency Docket No. FEMA–4337– AGENCY: Federal Emergency DR; Docket ID FEMA–2017–0001] Management Agency, DHS. Federal Emergency Management Agency Florida; Amendment No. 8 to Notice of ACTION: Notice. an Emergency Declaration [Internal Agency Docket No. FEMA–3385– SUMMARY: This notice amends the notice EM; Docket ID FEMA–2017–0001] AGENCY: Federal Emergency of a major disaster declaration for the Management Agency, DHS. Commonwealth of Puerto Rico (FEMA– Florida; Amendment No. 1 to Notice of ACTION: Notice. 4336–DR), dated September 10, 2017, an Emergency Declaration and related determinations. SUMMARY: AGENCY: Federal Emergency This notice amends the notice DATES: This amendment was issued Management Agency, DHS. of an emergency declaration for the September 26, 2017. State of Florida (FEMA–4337–DR), ACTION: Notice. FOR FURTHER INFORMATION CONTACT: dated September 10, 2017, and related Dean Webster, Office of Response and SUMMARY: This notice amends the notice determinations. Recovery, Federal Emergency of an emergency declaration for the DATE: The amendment was issued on Management Agency, 500 C Street SW., State of Florida (FEMA–3385–EM), September 18, 2017. Washington, DC 20472, (202) 646–2833.

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SUPPLEMENTARY INFORMATION: The notice SUPPLEMENTARY INFORMATION: The notice include the following areas among those of a major disaster declaration for the of a major disaster declaration for the areas determined to have been adversely Commonwealth of Puerto Rico is hereby State of Georgia is hereby amended to affected by the event declared a major amended to include the following areas include the following areas among those disaster by the President in his among those areas determined to have areas determined to have been adversely declaration of September 10, 2017. been adversely affected by the event affected by the event declared a major Citrus, DeSoto, Glades, Hardee, Hendry, declared a major disaster by the disaster by the President in his Hernando, Highlands, Indian River, Lake, President in his declaration of declaration of September 15, 2017. Marion, Martin, Okeechobee, Osceola, September 10, 2017. Charlton and Coffee Counties for Seminole, Sumter, and Volusia Counties for The municipalities of Dorado, Fajardo, and Individual Assistance (already designated for Individual Assistance (already designated for Toa Baja for Individual Assistance. debris removal and emergency protective debris removal and emergency protective The municipalities of Catan˜ o, Luquillo, measures [Categories A and B], including measures [Categories A and B], including and Vega Baja for Individual Assistance direct federal assistance, under the Public direct federal assistance, under the Public (already designated for Public Assistance). Assistance program). Assistance program). The municipalities of Dorado, Guarabo, The following Catalog of Federal Domestic The following Catalog of Federal Domestic and Naguabo for Public Assistance. Assistance Numbers (CFDA) are to be used Assistance Numbers (CFDA) are to be used The following Catalog of Federal Domestic for reporting and drawing funds: 97.030, for reporting and drawing funds: 97.030, Assistance Numbers (CFDA) are to be used Community Disaster Loans; 97.031, Cora Community Disaster Loans; 97.031, Cora for reporting and drawing funds: 97.030, Brown Fund; 97.032, Crisis Counseling; Brown Fund; 97.032, Crisis Counseling; Community Disaster Loans; 97.031, Cora 97.033, Disaster Legal Services; 97.034, 97.033, Disaster Legal Services; 97.034, Brown Fund; 97.032, Crisis Counseling; Disaster Unemployment Assistance (DUA); Disaster Unemployment Assistance (DUA); 97.033, Disaster Legal Services; 97.034, 97.046, Fire Management Assistance Grant; 97.046, Fire Management Assistance Grant; Disaster Unemployment Assistance (DUA); 97.048, Disaster Housing Assistance to 97.048, Disaster Housing Assistance to 97.046, Fire Management Assistance Grant; Individuals and Households In Presidentially Individuals and Households In Presidentially 97.048, Disaster Housing Assistance to Declared Disaster Areas; 97.049, Declared Disaster Areas; 97.049, Individuals and Households In Presidentially Presidentially Declared Disaster Assistance— Presidentially Declared Disaster Assistance— Declared Disaster Areas; 97.049, Disaster Housing Operations for Individuals Disaster Housing Operations for Individuals Presidentially Declared Disaster Assistance— and Households; 97.050 Presidentially and Households; 97.050 Presidentially Disaster Housing Operations for Individuals Declared Disaster Assistance to Individuals Declared Disaster Assistance to Individuals and Households; 97.050 Presidentially and Households—Other Needs; 97.036, and Households—Other Needs; 97.036, Declared Disaster Assistance to Individuals Disaster Grants—Public Assistance Disaster Grants—Public Assistance and Households—Other Needs; 97.036, (Presidentially Declared Disasters); 97.039, (Presidentially Declared Disasters); 97.039, Disaster Grants—Public Assistance Hazard Mitigation Grant. Hazard Mitigation Grant. (Presidentially Declared Disasters); 97.039, Brock Long, Brock Long, Hazard Mitigation Grant. Administrator, Federal Emergency Administrator, Federal Emergency Management Agency. Brock Long, Management Agency. [FR Doc. 2017–21652 Filed 10–5–17; 8:45 am] Administrator, Federal Emergency [FR Doc. 2017–21644 Filed 10–5–17; 8:45 am] Management Agency. BILLING CODE 9111–23–P BILLING CODE 9111–23–P [FR Doc. 2017–21628 Filed 10–5–17; 8:45 am] BILLING CODE 9111–23–P DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND SECURITY SECURITY DEPARTMENT OF HOMELAND Federal Emergency Management Federal Emergency Management SECURITY Agency Agency Federal Emergency Management [Internal Agency Docket No. FEMA–4337– [Internal Agency Docket No. FEMA–4339– Agency DR; Docket ID FEMA–2017–0001] DR; Docket ID FEMA–2017–0001]

[Internal Agency Docket No. FEMA–4338– Florida; Amendment No. 5 to Notice of Puerto Rico; Amendment No. 1 to DR; Docket ID FEMA–2017–0001] a Major Disaster Declaration Notice of a Major Disaster Declaration Georgia; Amendment No. 2 to Notice of AGENCY: Federal Emergency AGENCY: Federal Emergency a Major Disaster Declaration Management Agency, DHS. Management Agency, DHS. ACTION: Notice. ACTION: Notice. AGENCY: Federal Emergency Management Agency, DHS. SUMMARY: This notice amends the notice SUMMARY: This notice amends the notice ACTION: Notice. of a major disaster declaration for the of a major disaster for the State of Florida (FEMA–4337–DR), Commonwealth of Puerto Rico (FEMA– SUMMARY: This notice amends the notice dated September 10, 2017, and related 4339–DR), dated September 20, 2017, of a major disaster declaration for the determinations. and related determinations. State of Georgia (FEMA–4338–DR), DATES: This amendment was issued DATES: This amendment was issued dated September 15, 2017, and related September 13, 2017. September 28, 2017. determinations. FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: DATES: This amendment was issued Dean Webster, Office of Response and Dean Webster, Office of Response and September 26, 2017. Recovery, Federal Emergency Recovery, Federal Emergency FOR FURTHER INFORMATION CONTACT: Management Agency, 500 C Street SW., Management Agency, 500 C Street SW., Dean Webster, Office of Response and Washington, DC 20472, (202) 646–2833. Washington, DC 20472, (202) 646–2833. Recovery, Federal Emergency SUPPLEMENTARY INFORMATION: The notice SUPPLEMENTARY INFORMATION: Notice is Management Agency, 500 C Street SW., of a major disaster declaration for the hereby given that, in a letter dated Washington, DC 20472, (202) 646–2833. State of Florida is hereby amended to September 26, 2017, the President

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amended the cost-sharing arrangements DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND regarding Federal funds provided under SECURITY SECURITY the authority of the Robert T. Stafford Disaster Relief and Emergency Federal Emergency Management Federal Emergency Management Assistance Act, 42 U.S.C. 5121 et seq. Agency Agency (the ‘‘Stafford Act’’), in a letter to Brock [Internal Agency Docket No. FEMA–3390– Long, Administrator, Federal Emergency [Internal Agency Docket No. FEMA–4327– EM; Docket ID FEMA–2017–0001] Management Agency, Department of DR; Docket ID FEMA–2017–0001] Homeland Security, under Executive Virgin Islands; Emergency and Related Order 12148, as follows: Wyoming; Amendment No. 2 to Notice Determinations of a Major Disaster Declaration I have determined that the damage in AGENCY: Federal Emergency Management Agency, DHS. certain areas of the Commonwealth of Puerto AGENCY: Federal Emergency ACTION: Notice. Rico resulting from Hurricane Maria Management Agency, DHS. beginning on September 17, 2017, and SUMMARY: continuing, is of sufficient severity and ACTION: Notice. This is a notice of the magnitude that special cost sharing Presidential declaration of an emergency for the territory of the U.S. arrangements are warranted regarding SUMMARY: This notice amends the notice Virgin Islands (FEMA–3390–EM), dated Federal funds provided under the Robert T. of a major disaster declaration for the September 18, 2017, and related Stafford Disaster Relief and Emergency State of Wyoming (FEMA–4327–DR), determinations. Assistance Act, 42 U.S.C. 5121 et seq. (the dated August 5, 2017, and related ‘‘Stafford Act’’). determinations. DATES: The declaration was issued Therefore, I amend my declaration of September 18, 2017. September 20, 2017, to authorize a 100 DATES: The change occurred on FOR FURTHER INFORMATION CONTACT: percent Federal cost share for debris removal September 21, 2017. Dean Webster, Office of Response and and emergency protective measures, Recovery, Federal Emergency including direct Federal assistance, for 180 FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and Management Agency, 500 C Street SW., days from the date of the declaration. Washington, DC 20472, (202) 646–2833. This adjustment to State and local cost Recovery, Federal Emergency SUPPLEMENTARY INFORMATION: Notice is sharing applies only to Public Assistance Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646–2833. hereby given that, in a letter dated costs and direct Federal assistance eligible September 18, 2017, the President for such adjustments under the law. The SUPPLEMENTARY INFORMATION: The issued an emergency declaration under Robert T. Stafford Disaster Relief and Federal Emergency Management Agency the authority of the Robert T. Stafford Emergency Assistance Act specifically (FEMA) hereby gives notice that Disaster Relief and Emergency prohibits a similar adjustment for funds pursuant to the authority vested in the Assistance Act, 42 U.S.C. 5121–5207 provided for Other Needs Assistance (Section Administrator, under Executive Order (the Stafford Act), as follows: 408), and the Hazard Mitigation Grant Program (Section 404). These funds will 12148, as amended, Jon Huss, of FEMA I have determined that the emergency continue to be reimbursed at 75 percent of is appointed to act as the Federal conditions in the territory of the U.S. Virgin total eligible costs. Coordinating Officer for this disaster. Islands resulting from Hurricane Maria This action terminates the beginning on September 16, 2017, and (The following Catalog of Federal Domestic continuing, are of sufficient severity and Assistance Numbers (CFDA) are to be used appointment of Thomas J. McCool as magnitude to warrant an emergency for reporting and drawing funds: 97.030, Federal Coordinating Officer for this declaration under the Robert T. Stafford Community Disaster Loans; 97.031, Cora disaster. Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (‘‘the Stafford Brown Fund; 97.032, Crisis Counseling; The following Catalog of Federal Domestic 97.033, Disaster Legal Services; 97.034, Act’’). Therefore, I declare that such an Assistance Numbers (CFDA) are to be used emergency exists in the territory of the U.S. Disaster Unemployment Assistance (DUA); for reporting and drawing funds: 97.030, 97.046, Fire Management Assistance Grant; Virgin Islands. Community Disaster Loans; 97.031, Cora You are authorized to provide appropriate 97.048, Disaster Housing Assistance to Brown Fund; 97.032, Crisis Counseling; assistance for required emergency measures, Individuals and Households In Presidentially 97.033, Disaster Legal Services; 97.034, authorized under Title V of the Stafford Act, Declared Disaster Areas; 97.049, Disaster Unemployment Assistance (DUA); to save lives and to protect property and Presidentially Declared Disaster Assistance— 97.046, Fire Management Assistance Grant; public health and safety, and to lessen or Disaster Housing Operations for Individuals 97.048, Disaster Housing Assistance to avert the threat of a catastrophe in the and Households; 97.050 Presidentially Individuals and Households In Presidentially designated areas. Specifically, you are authorized to provide assistance for debris Declared Disaster Assistance to Individuals Declared Disaster Areas; 97.049, and Households—Other Needs; 97.036, removal and emergency protective measures Presidentially Declared Disaster Assistance— (Categories A and B), including direct Disaster Grants—Public Assistance Disaster Housing Operations for Individuals (Presidentially Declared Disasters); 97.039, Federal assistance, under the Public and Households; 97.050, Presidentially Assistance program. Hazard Mitigation Grant. Declared Disaster Assistance to Individuals Consistent with the requirement that Brock Long, and Households—Other Needs; 97.036, Federal assistance is supplemental, any Disaster Grants—Public Assistance Federal funds provided under the Stafford Administrator, Federal Emergency (Presidentially Declared Disasters); 97.039, Act for Public Assistance will be limited to Management Agency. Hazard Mitigation Grant. 75 percent of the total eligible costs. In order [FR Doc. 2017–21630 Filed 10–5–17; 8:45 am] to provide Federal assistance, you are hereby BILLING CODE 9111–23–P Brock Long, authorized to allocate from funds available Administrator, Federal Emergency for these purposes such amounts as you find necessary for Federal emergency assistance Management Agency. and administrative expenses. [FR Doc. 2017–21643 Filed 10–5–17; 8:45 am] Further, you are authorized to make BILLING CODE 9111–23–P changes to this declaration for the approved

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assistance to the extent allowable under the FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: The notice Stafford Act. Dean Webster, Office of Response and of a major disaster declaration for the The Federal Emergency Management Recovery, Federal Emergency State of Florida is hereby amended to Agency (FEMA) hereby gives notice that Management Agency, 500 C Street SW., include the following areas among those pursuant to the authority vested in the Washington, DC 20472, (202) 646–2833. areas determined to have been adversely Administrator, Department of Homeland SUPPLEMENTARY INFORMATION: The affected by the event declared a major Security, under Executive Order 12148, Federal Emergency Management Agency disaster by the President in his as amended, William L. Vogel, of FEMA (FEMA) hereby gives notice that declaration of September 10, 2017. is appointed to act as the Federal pursuant to the authority vested in the Dixie and Lafayette Counties for Individual Coordinating Officer for this declared Administrator, under Executive Order Assistance (already designated for debris emergency. 12148, as amended, Willie G. Nunn, of removal and emergency protective measures The following areas of the territory of FEMA is appointed to act as the Federal [Categories A and B], including direct federal the U.S. Virgin Islands have been Coordinating Officer for this emergency. assistance, under the Public Assistance designated as adversely affected by this This action terminates the program). declared emergency: appointment of Justo´ Herna´ndez as The following Catalog of Federal Domestic Federal Coordinating Officer for this Assistance Numbers (CFDA) are to be used All islands in the territory of the U.S. disaster. for reporting and drawing funds: 97.030, Virgin Islands for debris removal and Community Disaster Loans; 97.031, Cora emergency protective measures (Categories A The following Catalog of Federal Domestic Brown Fund; 97.032, Crisis Counseling; and B), including direct federal assistance, Assistance Numbers (CFDA) are to be used 97.033, Disaster Legal Services; 97.034, under the Public Assistance program. for reporting and drawing funds: 97.030, Disaster Unemployment Assistance (DUA); The following Catalog of Federal Domestic Community Disaster Loans; 97.031, Cora 97.046, Fire Management Assistance Grant; Assistance Numbers (CFDA) are to be used Brown Fund; 97.032, Crisis Counseling; 97.048, Disaster Housing Assistance to for reporting and drawing funds: 97.030, 97.033, Disaster Legal Services; 97.034, Individuals and Households In Presidentially Community Disaster Loans; 97.031, Cora Disaster Unemployment Assistance (DUA); Declared Disaster Areas; 97.049, Brown Fund; 97.032, Crisis Counseling; 97.046, Fire Management Assistance Grant; Presidentially Declared Disaster Assistance— 97.033, Disaster Legal Services; 97.034, 97.048, Disaster Housing Assistance to Disaster Housing Operations for Individuals Disaster Unemployment Assistance (DUA); Individuals and Households In Presidentially and Households; 97.050 Presidentially 97.046, Fire Management Assistance Grant; Declared Disaster Areas; 97.049, Declared Disaster Assistance to Individuals 97.048, Disaster Housing Assistance to Presidentially Declared Disaster Assistance— and Households—Other Needs; 97.036, Individuals and Households In Presidentially Disaster Housing Operations for Individuals Disaster Grants—Public Assistance Declared Disaster Areas; 97.049, and Households; 97.050, Presidentially (Presidentially Declared Disasters); 97.039, Presidentially Declared Disaster Assistance— Declared Disaster Assistance to Individuals Hazard Mitigation Grant. Disaster Housing Operations for Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance and Households; 97.050, Presidentially Brock Long, (Presidentially Declared Disasters); 97.039, Declared Disaster Assistance to Individuals Administrator, Federal Emergency Hazard Mitigation Grant. and Households—Other Needs; 97.036, Management Agency. Disaster Grants—Public Assistance Brock Long, [FR Doc. 2017–21650 Filed 10–5–17; 8:45 am] (Presidentially Declared Disasters); 97.039, Administrator, Federal Emergency BILLING CODE 9111–23–P Hazard Mitigation Grant. Management Agency. Brock Long, [FR Doc. 2017–21640 Filed 10–5–17; 8:45 am] DEPARTMENT OF HOMELAND Administrator, Federal Emergency BILLING CODE 9111–23–P Management Agency. SECURITY [FR Doc. 2017–21633 Filed 10–5–17; 8:45 am] Federal Emergency Management BILLING CODE 9111–23–P DEPARTMENT OF HOMELAND SECURITY Agency [Internal Agency Docket No. FEMA–4340– DEPARTMENT OF HOMELAND Federal Emergency Management DR; Docket ID FEMA–2017–0001] SECURITY Agency Virgin Islands; Amendment No. 1 to [Internal Agency Docket No. FEMA–4337– Federal Emergency Management DR; Docket ID FEMA–2017–0001] Notice of a Major Disaster Declaration Agency AGENCY: Federal Emergency Florida; Amendment No. 7 to Notice of Management Agency, DHS. [Internal Agency Docket No. FEMA–3388– a Major Disaster Declaration ACTION: Notice. EM; Docket ID FEMA–2017–0001] AGENCY: Federal Emergency Management Agency, DHS. SUMMARY: This notice amends the notice Seminole Tribe of Florida; Amendment of a major disaster declaration for the ACTION: Notice. No. 1 to Notice of an Emergency territory of the U.S. Virgin Islands Declaration SUMMARY: This notice amends the notice (FEMA–4340–DR), dated September 20, AGENCY: Federal Emergency of a major disaster declaration for the 2017, and related determinations. Management Agency, DHS. State of Florida (FEMA–4337–DR), DATES: This amendment was issued ACTION: Notice. dated September 10, 2017, and related September 23, 2017. determinations. FOR FURTHER INFORMATION CONTACT: SUMMARY: This notice amends the notice DATES: This amendment was issued Dean Webster, Office of Response and of an emergency declaration for the September 16, 2017. Recovery, Federal Emergency Seminole Tribe of Florida (FEMA– FOR FURTHER INFORMATION CONTACT: Management Agency, 500 C Street SW., 3388–EM), dated September 8, 2017, Dean Webster, Office of Response and Washington, DC 20472, (202) 646–2833. and related determinations. Recovery, Federal Emergency SUPPLEMENTARY INFORMATION: The notice DATES: The amendment was issued on Management Agency, 500 C Street SW., of a major disaster declaration for the September 18, 2017. Washington, DC 20472, (202) 646–2833. territory of the U.S. Virgin Islands is

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hereby amended to include the the authority of the Robert T. Stafford DATES: This amendment was issued following areas among those areas Disaster Relief and Emergency September 29, 2017. determined to have been adversely Assistance Act, 42 U.S.C. 5121 et seq. FOR FURTHER INFORMATION CONTACT: affected by the event declared a major (the ‘‘Stafford Act’’), in a letter to Brock Dean Webster, Office of Response and disaster by the President in his Long, Administrator, Federal Emergency Recovery, Federal Emergency declaration of September 20, 2017. Management Agency, Department of Management Agency, 500 C Street SW., The islands of St. John and St. Thomas for Homeland Security, under Executive Washington, DC 20472, (202) 646–2833. Individual Assistance (already designated for Order 12148, as follows: SUPPLEMENTARY INFORMATION: Notice is debris removal and emergency protective I have determined that the damage in hereby given that the incident period for measures [Categories A and B], including certain areas of the territory of the U.S. Virgin this emergency is closed effective direct federal assistance, under the Public Islands resulting from Hurricane Irma during September 13, 2017. Assistance program). the period of September 5–7, 2017, is of The following Catalog of Federal Domestic sufficient severity and magnitude that special The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used cost sharing arrangements are warranted Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, regarding Federal funds provided under the for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Robert T. Stafford Disaster Relief and Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; Emergency Assistance Act, 42 U.S.C. 5121 et Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, seq. (the ‘‘Stafford Act’’). 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); Therefore, I amend my declarations of Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; September 7, 2017 and September 9, 2017, to 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to authorize a 100 percent Federal cost share for 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially debris removal and emergency protective Individuals and Households In Presidentially Declared Disaster Areas; 97.049, measures, including direct Federal Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance— assistance, for 180 days from the start of the Presidentially Declared Disaster Assistance— Disaster Housing Operations for Individuals incident period. Disaster Housing Operations for Individuals and Households; 97.050 Presidentially and Households; 97.050 Presidentially (The following Catalog of Federal Domestic Declared Disaster Assistance to Individuals Declared Disaster Assistance to Individuals Assistance Numbers (CFDA) are to be used and Households—Other Needs; 97.036, and Households—Other Needs; 97.036, for reporting and drawing funds: 97.030, Disaster Grants—Public Assistance Disaster Grants—Public Assistance Community Disaster Loans; 97.031, Cora (Presidentially Declared Disasters); 97.039, (Presidentially Declared Disasters); 97.039, Brown Fund; 97.032, Crisis Counseling; Hazard Mitigation Grant. Hazard Mitigation Grant. 97.033, Disaster Legal Services; 97.034, Brock Long, Disaster Unemployment Assistance (DUA); Brock Long, Administrator, Federal Emergency 97.046, Fire Management Assistance Grant; Administrator, Federal Emergency Management Agency. 97.048, Disaster Housing Assistance to Management Agency. Individuals and Households In Presidentially [FR Doc. 2017–21636 Filed 10–5–17; 8:45 am] Declared Disaster Areas; 97.049, [FR Doc. 2017–21634 Filed 10–5–17; 8:45 am] BILLING CODE 9111–23–P Presidentially Declared Disaster Assistance— BILLING CODE 9111–23–P Disaster Housing Operations for Individuals and Households; 97.050 Presidentially DEPARTMENT OF HOMELAND Declared Disaster Assistance to Individuals DEPARTMENT OF HOMELAND SECURITY and Households—Other Needs; 97.036, SECURITY Disaster Grants—Public Assistance Federal Emergency Management (Presidentially Declared Disasters); 97.039, Federal Emergency Management Agency Hazard Mitigation Grant. Agency [Internal Agency Docket No. FEMA–4335– Brock Long, [Internal Agency Docket No. FEMA–4337– DR; Docket ID FEMA–2017–0001] Administrator, Federal Emergency DR; Docket ID FEMA–2017–0001] Management Agency. Virgin Islands; Amendment No. 5 to [FR Doc. 2017–21635 Filed 10–5–17; 8:45 am] Florida; Amendment No. 4 to Notice of a Major Disaster Declaration Notice of a Major Disaster Declaration BILLING CODE 9111–23–P AGENCY: Federal Emergency AGENCY: Federal Emergency Management Agency, DHS. Management Agency, DHS. DEPARTMENT OF HOMELAND ACTION: Notice. ACTION: Notice. SECURITY SUMMARY: This notice amends the notice SUMMARY: This notice amends the notice of a major disaster for the territory of the Federal Emergency Management of a major disaster declaration for the U.S. Virgin Islands (FEMA–4335–DR), Agency State of Florida (FEMA–4337–DR), dated September 7, 2017, and related [Internal Agency Docket No. FEMA–3386– dated September 10, 2017, and related determinations. EM; Docket ID FEMA–2017–0001] determinations. DATES: This amendment was issued DATES: This amendment was issued September 28, 2017. South Carolina; Amendment No. 2 to September 13, 2017. Notice of an Emergency Declaration FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and AGENCY: Federal Emergency Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, DHS. Recovery, Federal Emergency Management Agency, 500 C Street SW., Management Agency, 500 C Street SW., ACTION: Notice. Washington, DC 20472, (202) 646–2833. Washington, DC 20472, (202) 646–2833. SUPPLEMENTARY INFORMATION: Notice is SUMMARY: This notice amends the notice SUPPLEMENTARY INFORMATION: The notice hereby given that, in a letter dated of an emergency declaration for the of a major disaster declaration for the September 26, 2017, the President State of South Carolina (FEMA–3386– State of Florida is hereby amended to amended the cost-sharing arrangements EM), dated September 7, 2017, and include the following areas among those regarding Federal funds provided under related determinations. areas determined to have been adversely

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affected by the event declared a major This action terminates the continuing, is of sufficient severity and disaster by the President in his appointment of Albert Lewis as Federal magnitude to warrant a major disaster declaration of September 10, 2017. Coordinating Officer for this disaster. declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Brevard, Orange, Pasco, and St. Lucie The following Catalog of Federal Domestic Act, 42 U.S.C. 5121 et seq. (the ‘‘Stafford Counties for Individual Assistance (already Assistance Numbers (CFDA) are to be used Act’’). Therefore, I declare that such a major designated for debris removal and emergency for reporting and drawing funds: 97.030, disaster exists in the Commonwealth of protective measures [Categories A and B], Community Disaster Loans; 97.031, Cora Puerto Rico. including direct federal assistance, under the Brown Fund; 97.032, Crisis Counseling; In order to provide Federal assistance, you Public Assistance program). 97.033, Disaster Legal Services; 97.034, are hereby authorized to allocate from funds The following Catalog of Federal Domestic Disaster Unemployment Assistance (DUA); available for these purposes such amounts as Assistance Numbers (CFDA) are to be used 97.046, Fire Management Assistance Grant; you find necessary for Federal disaster for reporting and drawing funds: 97.030, 97.048, Disaster Housing Assistance to assistance and administrative expenses. Community Disaster Loans; 97.031, Cora Individuals and Households In Presidentially You are authorized to provide Individual Brown Fund; 97.032, Crisis Counseling; Declared Disaster Areas; 97.049, Assistance and assistance for debris removal 97.033, Disaster Legal Services; 97.034, Presidentially Declared Disaster Assistance— and emergency protective measures Disaster Unemployment Assistance (DUA); Disaster Housing Operations for Individuals (Categories A and B) under the Public 97.046, Fire Management Assistance Grant; and Households; 97.050, Presidentially Assistance program in the designated areas, 97.048, Disaster Housing Assistance to Declared Disaster Assistance to Individuals Hazard Mitigation throughout the Individuals and Households In Presidentially and Households—Other Needs; 97.036, Commonwealth, and any other forms of Declared Disaster Areas; 97.049, Disaster Grants—Public Assistance assistance under the Stafford Act that you Presidentially Declared Disaster Assistance— (Presidentially Declared Disasters); 97.039, deem appropriate subject to completion of Disaster Housing Operations for Individuals Hazard Mitigation Grant. Preliminary Damage Assessments (PDAs). and Households; 97.050 Presidentially Brock Long, Direct Federal assistance is authorized. Declared Disaster Assistance to Individuals Consistent with the requirement that and Households—Other Needs; 97.036, Administrator, Federal Emergency Federal assistance be supplemental, any Disaster Grants—Public Assistance Management Agency. Federal funds provided under the Stafford (Presidentially Declared Disasters); 97.039, [FR Doc. 2017–21642 Filed 10–5–17; 8:45 am] Act for Hazard Mitigation and Other Needs Hazard Mitigation Grant. BILLING CODE 9111–23–P Assistance will be limited to 75 percent of the total eligible costs. Federal funds Brock Long, provided under the Stafford Act for Public Administrator, Federal Emergency DEPARTMENT OF HOMELAND Assistance also will be limited to 75 percent Management Agency. SECURITY of the total eligible costs, with the exception [FR Doc. 2017–21645 Filed 10–5–17; 8:45 am] of projects that meet the eligibility criteria for BILLING CODE 9111–15–P Federal Emergency Management a higher Federal cost-sharing percentage Agency under the Public Assistance Alternative Procedures Pilot Program for Debris Removal DEPARTMENT OF HOMELAND [Internal Agency Docket No. FEMA–4339– implemented pursuant to section 428 of the DR; Docket ID FEMA–2017–0001] Stafford Act. SECURITY Further, you are authorized to make Puerto Rico; Major Disaster and changes to this declaration for the approved Federal Emergency Management Related Determinations assistance to the extent allowable under the Agency Stafford Act. AGENCY: Federal Emergency [Internal Agency Docket No. FEMA–4329– The time period prescribed for the Management Agency, DHS. DR; Docket ID FEMA–2017–0001] implementation of section 310(a), ACTION: Notice. Priority to Certain Applications for New Hampshire; Amendment No. 2 to Public Facility and Public Housing Notice of a Major Disaster Declaration SUMMARY: This is a notice of the Presidential declaration of a major Assistance, 42 U.S.C. 5153, shall be for AGENCY: Federal Emergency disaster for the Commonwealth of a period not to exceed six months after Management Agency, DHS. Puerto Rico (FEMA–4339–DR), dated the date of this declaration. The Federal Emergency Management ACTION: Notice. September 20, 2017, and related Agency (FEMA) hereby gives notice that determinations. SUMMARY: This notice amends the notice pursuant to the authority vested in the of a major disaster declaration for the DATES: The declaration was issued Administrator, under Executive Order State of New Hampshire (FEMA–4329– September 20, 2017. 12148, as amended, Alejandro DR), dated August 9 2017, and related FOR FURTHER INFORMATION CONTACT: DeLaCampa, of FEMA is appointed to determinations. Dean Webster, Office of Response and act as the Federal Coordinating Officer DATES: The amendment was issued on Recovery, Federal Emergency for this major disaster. September 21, 2017. Management Agency, 500 C Street SW., The following areas of the FOR FURTHER INFORMATION CONTACT: Washington, DC 20472, (202) 646–2833. Commonwealth of Puerto Rico have Dean Webster, Office of Response and SUPPLEMENTARY INFORMATION: Notice is been designated as adversely affected by Recovery, Federal Emergency hereby given that, in a letter dated this major disaster: Management Agency, 500 C Street SW., September 20, 2017, the President The municipalities of Aguas Buenas, Washington, DC 20472, (202) 646–2833. issued a major disaster declaration Aibonito, Arecibo, Arroyo, Barceloneta, SUPPLEMENTARY INFORMATION: The under the authority of the Robert T. Barranquitas, Bayamo´n, Caguas, Cano´vanas, Federal Emergency Management Agency Stafford Disaster Relief and Emergency Carolina, Catan˜ o, Cayey, Ceiba, Ciales, Cidra, (FEMA) hereby gives notice that Assistance Act, 42 U.S.C. 5121 et seq. Coamo, Comerio, Corozal, Culebra, Dorado, Fajardo, Florida, Guayama, Guaynabo, pursuant to the authority vested in the (the ‘‘Stafford Act’’), as follows: Gurabo, Humacao, Jayuya, Juana Dı´az, Administrator, under Executive Order I have determined that the damage in Juncos, Las Piedras, Loı´za, Luquillo, Manati, 12148, as amended, James N. Russo, of certain areas of the Commonwealth of Puerto Maunabo, Morovis, Naguabo, Naranjito, FEMA is appointed to act as the Federal Rico resulting from Hurricane Maria Orocovis, Patillas, Ponce, Rio Grande, Coordinating Officer for this disaster. beginning on September 17, 2017, and Salinas, San Juan, San Lorenzo, Santa Isabel,

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Toa Baja, Toa Alta, Trujillo Alto, Utuado, Community Disaster Loans; 97.031, Cora flexibilities and expedited waiver Vega Alta, Vega Baja, Vieques, Villalba, and Brown Fund; 97.032, Crisis Counseling; process set out by this notice. Yabucoa for Individual Assistance. 97.033, Disaster Legal Services; 97.034, DATES: Applicable Date: October 6, All municipalities in the Commonwealth Disaster Unemployment Assistance (DUA); of Puerto Rico for debris removal and 97.046, Fire Management Assistance Grant; 2017. emergency protective measures (Categories A 97.048, Disaster Housing Assistance to FOR FURTHER INFORMATION CONTACT: and B), including direct federal assistance, Individuals and Households In Presidentially Shelia Bethea, Office of Field under the Public Assistance program. Declared Disaster Areas; 97.049, Operations, Office of Public and Indian All areas within the Commonwealth of Presidentially Declared Disaster Assistance— Housing, Department of Housing and Puerto Rico are eligible for assistance under Disaster Housing Operations for Individuals the Hazard Mitigation Grant Program. and Households; 97.050 Presidentially Urban Development, 451 Seventh Street The following Catalog of Federal Domestic Declared Disaster Assistance to Individuals SW., Room 4112, Washington, DC Assistance Numbers (CFDA) are to be used and Households—Other Needs; 97.036, 20410–5000, telephone number (202) for reporting and drawing funds: 97.030, Disaster Grants—Public Assistance 402–8120. Persons with hearing or Community Disaster Loans; 97.031, Cora (Presidentially Declared Disasters); 97.039, speech impairments may access this Brown Fund; 97.032, Crisis Counseling; Hazard Mitigation Grant. number via TTY by calling the Federal 97.033, Disaster Legal Services; 97.034, Information Relay Service at (800) 877– Disaster Unemployment Assistance (DUA); Brock Long, 8339. 97.046, Fire Management Assistance Grant; Administrator, Federal Emergency SUPPLEMENTARY INFORMATION: 97.048, Disaster Housing Assistance to Management Agency. Individuals and Households In Presidentially I. Background Information Declared Disaster Areas; 97.049, [FR Doc. 2017–21646 Filed 10–5–17; 8:45 am] Presidentially Declared Disaster Assistance— BILLING CODE 9111–23–P From a period beginning on August Disaster Housing Operations for Individuals 23, 2017, areas in Texas, U.S. Virgin and Households; 97.050, Presidentially Islands, Puerto Rico, Florida and Declared Disaster Assistance to Individuals DEPARTMENT OF HOUSING AND Georgia experienced severe storms and and Households—Other Needs; 97.036, URBAN DEVELOPMENT flooding from Hurricanes Harvey, Irma Disaster Grants—Public Assistance and Maria. MDDs covering these areas (Presidentially Declared Disasters); 97.039, [Docket No. FR–6050–N–01] Hazard Mitigation Grant. were issued on August 25, 2017, DR– Relief From HUD Requirements 4332,1 DR–4335,2 September 7, 2017, Brock Long, Available to PHAs To Assist With DR–4336,3 September 10, 2017, DR– Administrator, Federal Emergency Recovery and Relief Efforts on Behalf 4337,4 September 10, 2017, DR–4338,5 Management Agency. of Families Affected by Hurricanes September 15, 2017, DR–4339,6 [FR Doc. 2017–21649 Filed 10–5–17; 8:45 am] Harvey, Irma, Maria and Future Natural 1 BILLING CODE 9111–23–P Disasters Where Major Disaster https://www.fema.gov/disaster/4332, designating Aransas, Bee, Brazoria, Calhoun, Declarations Might Be Issued in 2017 Chambers, Colorado, Fayette, Fort Bend, Galveston, Goliad, Hardin, Harris, Jackson, Jasper, Jefferson, DEPARTMENT OF HOMELAND AGENCY: Office of the Assistant Kleberg, Liberty, Matagorda, Montgomery, Newton, SECURITY Secretary for Public and Indian Nueces, Orange, Refugio, Sabine, San Jacinto, San Housing, HUD. Patricio, Victoria, Waller, Wharton Counties in Texas. Federal Emergency Management ACTION: Notice. Agency 2 https://www.fema.gov/disaster/4335, SUMMARY: This notice advises the public designating St. John (Island) (County-equivalent) St. [Internal Agency Docket No. FEMA–4338– Thomas (Island) (County-equivalent) in U.S. Virgin DR; Docket ID FEMA–2017–0001] that HUD, as a result of Presidentially Islands for Hurricane Irma and St. Croix for declared Major Disaster Declarations Hurricane Maria. Georgia; Amendment No. 3 to Notice of (MDD) following Hurricanes Harvey, 3 https://www.fema.gov/disaster/4336, Irma and Maria has established an designating Canovanas (Municipio), Culebra a Major Disaster Declaration (Municipio), Loiza (Municipio), Vieques expedited process for the review of (Municipio) in Puerto Rico for Hurricane Irma and AGENCY: Federal Emergency requests for relief from HUD regulatory Aguas Buenas, Aibonito, Arecibo, Arroyo, Management Agency, DHS. and/or administrative requirements Barceloneta, Barranquitas, Bayamo´n, Caguas, ACTION: Notice. (‘‘HUD requirements’’) for public Cano´vanas, Carolina, Catan˜ o, Cayey, Ceiba, Ciales, Cidra, Coamo, Comerio, Corozal, Culebra, Dorado, housing agencies (PHAs) and Tribes or SUMMARY: This notice amends the notice Fajardo, Florida, Guayama, Guaynabo, Gurabo, tribally designated housing entities ´ of a major disaster declaration for the Humacao, Jayuya, Juana Dıaz, Juncos, Las Piedras, (TDHEs) that are located in Texas, U.S. Loı´za, Luquillo, Manati, Maunabo, Morovis, State of Georgia (FEMA–4338–DR), Virgin Islands, Puerto Rico, Florida, and Naguabo, Naranjito, Orocovis, Patillas, Ponce, Rio dated September 15, 2017, and related Grande, Salinas, San Juan, San Lorenzo, Santa Georgia. The notice covers MDDs DR– determinations. Isabel, Toa Baja, Toa Alta, Trujillo Alto, Utuado, 4332, issued on August 25, 2017, DR– Vega Alta, Vega Baja, Vieques, Villalba, and DATES: This amendment was issued 4335, issued on September 7, 2017, DR– Yabucoa for Hurricane Maria. September 26, 2017. 4336, issued on September 10, 2017, 4 https://www.fema.gov/disaster/4337, FOR FURTHER INFORMATION CONTACT: DR–4337, issued on September 10, designating Alachua, Baker, Bradford, Brevard, Dean Webster, Office of Response and Broward, Charlotte, Citrus, Clay, Collier, Columbia, 2017, DR–4338, issued on September DeSoto, Dixie, Duval, Flagler, Gilchrist, Glades, Recovery, Federal Emergency 15, 2017, DR–4339 issued on September Hardee, Hendry, Hernando, Highlands, Management Agency, 500 C Street SW., 20, 2017 and DR–4340 issued on Hillsborough, Indian River, Lafayette, Lake, Lee, Washington, DC 20472, (202) 646–2833. Levy, Manatee, Marion, Martin, Miami-Dade, September 20, 2017. Specifically, these Monroe, Nassau, Okeechobee, Orange, Osceola, SUPPLEMENTARY INFORMATION: Notice is PHAs and Tribes/TDHEs may request Palm Beach, Pasco, Pinellas, Polk, Putnam, hereby given that the incident period for waivers of HUD requirements and Sarasota, Seminole, St. Johns, St. Lucie, Sumter, this disaster is closed effective receive expedited review of such Suwannee, Union, Volusia in Florida. September 20, 2017. requests. In addition, this notice advises 5 https://www.fema.gov/disaster/4338, designating Camden, Chatham, Coffee, Glynn, The following Catalog of Federal Domestic that PHAs, Tribes and TDHEs located in Liberty and Mcintosh in Georgia. Assistance Numbers (CFDA) are to be used areas covered by MDDs issued during 6 https://www.fema.gov/disaster/4339, for reporting and drawing funds: 97.030, the remainder of 2017 may utilize the designating Puerto Rico.

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September 20, 2017 and DR–4340,7 Development Act (42 U.S.C. 3535(q)), a not later than 4 years after the date on September 20, 2017. regulated party that seeks a waiver of which the funds become available for In order to provide relief from certain HUD regulations must request a waiver obligation, plus the period of any HUD requirements governing programs from HUD in writing. HUD will permit extension approved under section administered by the Office of Public and other methods of waiver transmission as 9(j)(2). Section 9(j)(2) of the 1937 Act Indian Housing (PIH) to PHAs and necessary. The waiver request must authorizes the Secretary to extend the Tribes/THDEs that are located in areas specify the need for the waiver. time period for the obligation of Capital covered by MDDs 4332, 4335, 4336, Typically, the request is submitted to Funds for such period as the Secretary 4337, 4338, 4339 and 4340 (MDD PHAs; the HUD field office, which reviews the determines necessary if the Secretary MDD Tribes/TDHEs) HUD is publishing request and submits its recommendation determines that the failure of the agency this notice. The notice describes a to HUD headquarters. HUD to obligate assistance in a timely manner number of flexibilities that are available headquarters then responds to the is attributable to an event beyond the to such PHAs and Tribes/TDHEs, lists regulated party in writing. Since the control of the PHA. The severe storms HUD requirements that HUD is willing damage to property and the and flooding in Texas were beyond the to waive upon request from a PHA or displacement of families and control of MDD PHAs and caused such Tribe/TDHE, and provides for the individuals in the disaster areas is massive and widespread destruction expedited review of waiver requests. massive, and the need for relief from and displacement that HUD is willing to HUD is publishing this notice to assist HUD requirements may be necessary, extend the obligation deadline under MDD PHAs and Tribes/TDHEs in HUD will expedite the processing of section 9(j)(1) of the 1937 Act pursuant responding to this major disaster waiver requests from MDD PHAs, to section 9(j)(2)(A)(v) of the 1937 Act declarations and in contributing to long- providing for concurrent review by the for an additional 12 months, upon the term recovery. Further, given the HUD field office and HUD headquarters. request of an MDD PHA. The extension • Section VI States that a Finding of number of natural disasters that have of the section 9(j) obligation and No Significant Impact (FONSI) with occurred and may occur this year, HUD extension deadlines made in this notice has determined that PHAs, Tribes and respect to the environment has been made in accordance with HUD also applies to the implementing TDHEs located in areas covered by regulation at 24 CFR 905.306. MDDs issued during the balance of 2017 regulations at 24 CFR part 50, which may utilize the flexibilities and implement section 102(2)(C) of the B. 24 CFR 984.105(d) (Family Self- expedited waiver process set out by this National Environmental Policy Act of Sufficiency minimum program size). 24 notice. HUD will publish a notice 1969 (42 U.S.C. 4332(2)(C)). CFR 984.105(d) defines the designating areas covered by future Waiver requests approved by HUD circumstances under which a PHA may, MDDs. pursuant to this notice will be upon HUD approval, operate a program The notice is organized as follows: published in the Federal Register and that is smaller than the required • Section II describes the flexibilities will identify the MDD PHAs receiving program size. HUD has determined that that are available to MDD PHAs, where such approvals. an MDD PHA’s ability to operate a such flexibilities are built into statute II. Flexibilities That Are Available to program that meets the minimum and/or regulation. MDD PHAs may avail MDD PHAs program size requirements may be themselves of these flexibilities, infeasible due to circumstances related following the process described in HUD is exercising discretionary to MDDs 4332, 4335, 4336, 4337, 4338, Section IV of the notice. authority to provide relief from the 4339 and/or 4340. Upon the submission • Section III describes requirements requirements described in this section. to HUD of a certification (as defined in of HUD’s Indian programs that may be Upon notification to HUD or upon HUD 24 CFR 984.103) and upon request by an waived. approval, as noted below, relief is MDD PHA, HUD will grant an • Section IV describes certain HUD granted to MDD PHAs. Relief from the exemption from the minimum program requirements that, if waived, may requirements must benefit families size requirement for a period of 24 affected by the disasters, for example by facilitate an MDD PHA’s ability to months from the effective date of this enabling MDD PHA staff to focus on participate in relief and recovery efforts. notice. An MDD PHA may request a waiver of relief and recovery efforts. Section IV of C. 24 CFR 990.145(b) (Public housing a HUD requirement not listed in Section this notice describes the process an dwelling units with approved IV and receive expedited review of the MDD PHA must follow to provide request if the MDD PHA demonstrates notification to and/or to request vacancies). Section 990.145 lists the that the waiver is needed in order to approval from HUD. Such notification categories of vacant public housing assist in its relief and recovery efforts. and/or request must be made by January units that are eligible to receive An MDD PHA may not adopt any 4, 2018. operating subsidy and are therefore requested waiver prior to receiving HUD A. 24 CFR 905.306 (Extension of considered to be ‘‘approved vacancies.’’ approval. deadline for obligation and expenditure Under Section 990.145(b), a PHA shall • Section V describes the process of Capital Funds). Section 9(j)(1) of the receive operating subsidy for units that HUD has established for MDD PHAs to United States Housing Act of 1937 (1937 are vacant due to a declared disaster, provide notice to and/or request Act) requires PHAs to obligate Capital subject to prior HUD approval, on a approval from HUD regarding statutory Funds not later than 24 months after the project-by-project basis. If an MDD PHA or regulatory flexibilities and/or to date on which the funds became has a unit that has been vacated due to request waivers of HUD requirements. available, or the date on which the PHA severe storms and flooding, then the Waiver requests will be handled on an accumulates adequate funds to MDD PHA, with HUD approval, may expedited, case-by-case basis. undertake modernization, substantial treat the unit as an ‘‘approved vacancy.’’ Consistent with section 7(q) of the rehabilitation, or new construction of Upon the request of an MDD PHA and Department of Housing and Urban units, plus the period of any extension HUD approval, on a case-by-case basis, approved under section 9(j)(2) of the such units may be considered approved 7 https://www.fema.gov/disaster/4340, Act. Section 9(j)(5)(A) of the 1937 Act vacancies for a period not to exceed 12 designating U.S. Virgin Islands. requires a PHA to expend Capital Funds months from the date of HUD approval.

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III. Requirements of HUD’s Indian Indian Community Development Block whether to approve the Tribe for an Programs That May Be Waived Grant (ICDBG) Waivers ICDBG Imminent Threat grant, or to B. 24 CFR 1003.305; 24 CFR approve the Tribe’s ICDBG amendment HUD is exercising discretionary request. authority to provide relief from the 1003.400(a) and (b); 24 CFR 1003.401; and Section I.A.1.b of FY 2017 Indian C. 24 CFR 1003.604 (ICDBG Citizen requirements described in this section Community Development Block Grant Participation Requirements). The ICDBG since the damage to property and the (ICDBG) NOFA (Application regulations at 24 CFR 1003.604(a)(2) displacement of families and Requirements for ICDBG Imminent require applicants to consult with individuals is significant and the need Threat Funds and Amending ICDBG residents prior to submitting their to provide regulatory relief in many Single Purpose Grants). These ICDBG funding applications. Due to the impact areas is readily apparent. Upon regulations provide that applicants of Hurricanes Harvey, Irma or Maria, notification to HUD or upon HUD must: (1) Provide independent Indian Tribes may need to either approval, as noted below, relief is verification of the urgency and quickly apply for an ICDBG Imminent temporarily granted to MDD Tribes/ immediacy of the threat; (2) demonstrate Threat grant, or amend their existing TDHEs. Relief from the requirements that no other funding source is available ICDBG Single Purpose grants to address must benefit families affected by the to address the threat for which funds are the damage from the disasters. The disasters, for example by enabling MDD requested; (3) submit the information citizen participation requirements have Tribe/TDHE staff to focus on relief and specified in the annual ICDBG NOFA, the potential to delay the ability of ICDBG grantees and applicants to recovery efforts. To avail themselves of located in Section I.A.1.b of the FY 2017 address the damage from the disasters. the waivers in this section, MDD Tribes/ ICDBG NOFA; and (4) meet all funding Accordingly, HUD has determined that TDHEs must notify their Area Office of criteria for ICDBG Imminent Threat there is good cause to temporarily waive Native American Programs (AONAP) in grants in 24 CFR 1003, Subpart E, when 24 CFR 1003.604(a)(2) so that the Tribe advance of their intent to exercise the requesting an amendment to use an will not have to hold one or more waiver, and must keep documentation ICDBG Single Purpose grant to address meetings to obtain the views of on file at the Tribe/TDHE of good cause imminent threats to health and safety. residents on disaster recovery needs. for exercising such waiver. Such Given the urgent need to address the This requirement is waived for a period notification and/or request must be damage from Hurricanes Harvey, Irma made by January 4, 2018. of one year from the effective date of or Maria, and the well documented this notice. Tribes will continue to be Indian Housing Block Grant (IHBG) impact of the disasters, these required, however, to meet the citizen Program Waivers requirements may cause unnecessary participation requirements by delays to recovery. Accordingly, HUD publishing or posting information on A. 24 CFR 1000.156 and 1000.158 determines that there is good cause to their plans to use ICDBG Imminent (Total Development Cost (TDC) Limits). waive 24 CFR 1003.305, 1003.400(a) and Threat grant funds, or amend their The IHBG regulations provide that (b), 1003.401(b), and Section I.A.1.b of ICDBG Single Purpose grant(s), and affordable housing developed, acquired, the FY2017 ICDBG NOFA, to the extent accepting and considering comments. or assisted under the IHBG program necessary to permit Indian Tribes The Tribe will be required to certify in must be of moderate design. TDC limits located in areas affected by Hurricanes its application for funding or for are published annually to provide Harvey, Irma or Maria to more amendment that information has been recipients with affordable housing cost expeditiously request and receive published or posted for residents of the standards. These standards can be ICDBG Imminent Threat grants, or to community in order to meet the citizen exceeded by 10 percent with AONAP use an existing ICDBG grant to address participation requirement. approval and can be exceeded further if imminent threats to health and safety. A D. Section II.A.3 of the Fiscal Year Headquarters approval is obtained. A Tribe that is seeking an ICDBG 2015, 2016 and 2017 Indian Community Tribe must submit a justification to Imminent Threat grant must instead Development Block Grant (ICDBG) HUD to increase the TDC limit of a unit send a written request to its Area Office Notices of Funding Availability or project. Due to the impact of the of Native American Programs (ONAP) (Housing Rehabilitation Limits). The hurricanes and the need to expedite the describing (1) the damage caused by the ICDBG NOFA places a limit on the rehabilitation of damaged homes, HUD disaster, (2) the amount of assistance amount grantees can spend on per unit has determined that there is good cause requested to address the damage, (3) the housing rehabilitation costs. Due to the to temporarily waive these requirements activities that the Tribe intends to carry impact of Hurricanes Harvey, Irma or to allow Tribes impacted by Hurricanes out with the Imminent Threat grant, and Maria, Tribes may need to exceed these Harvey, Irma, or Maria to exceed the (4) certify that information on the Tribe/ limits for reasons including but not current TDC maximum by 20 percent TDHE’s plans to use ICDBG Imminent limited to: (1) Existing ICDBG housing without HUD review or approval if the Threat or existing ICDBG funds has been rehabilitation projects may have Tribe maintains documentation that published or posted for residents of the incurred damage and rectifying that indicates that housing will be for IHBG community in order to meet the damage reasonably increases the per eligible families and the design, size, alternative citizen participation unit cost, (2) the disaster may have and amenities are moderate and requirements in Section III.D. of this created the need for new and unplanned comparable to housing in the area. This Notice. This documentation need not be housing rehabilitation that is requirement is waived for a period of in writing if HUD determines that complicated and/or made more one year from the effective date of this providing written documentation is expensive by storm related damage, and notice. The TDC limits can be exceeded impracticable. A Tribe that is seeking to (3) the cost of construction materials by more than 20 percent if the Tribe use its ICDBG grant funds to address and labor may have increased due to receives written approval from HUD imminent threats to health and safety increased demand in the affected areas. Headquarters. These requirements are must also follow the process outlined HUD has determined that there is good also waived to permit the current TDC above in lieu of the process outlined in cause to waive the ICDBG housing limits to be used for both single-family these regulations and NOFA. HUD will rehabilitation limits to allow Tribes to and multi-family housing. review this information and determine incur costs that more fully address

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disaster recovery needs. These verification requests to ICE to 90 from the date of completion/termination standards can be exceeded with prior calendar days, for any primary of a modernization activity, and the approval of the AONAP. When verification result received after the AMCC must be submitted not later than requesting approval from the AONAP to effective date of this notice where a 12 months from the activity’s use this waiver flexibility, Tribes should secondary request is required, for a expenditure deadline. Upon request include a statement of the scope of work period not to exceed 12 months from the from an MDD PHA, HUD is willing to and projected costs. date of HUD approval. extend these deadlines by 12 months. B. 24 CFR 5.801(c) and 5.801(d)(1) E. 24 CFR 905.314(b)–(c) (Cost and IV. HUD Requirements That May Be (Uniform financial reporting standards; other limitations; Maximum project Waived Filing of financial reports; Reporting cost; TDC limit). Section 905.314(b)–(c) For an MDD PHA, HUD will review compliance dates). Section 5.801 establishes the calculation of maximum requests for waivers of HUD establishes uniform financial reporting project cost and the calculation of total requirements on an expedited basis. standards (UFRS) for PHAs (and other development cost. In order to facilitate This section lists requirements for entities). Section 5.801(c) requires that the use of Capital Funds for repairs and which HUD anticipates receiving such PHAs submit financial information in construction for needed housing in the requests. An MDD PHA may also accordance with 24 CFR 5.801(b) disaster areas, HUD is willing to waive request a waiver of a HUD requirement annually, not later than 60 days after the the total development cost (TDC) and not listed in this section and receive end of the fiscal year of the reporting housing cost cap limits for all work expedited review of the request if the period. Section 5.801(d)(1) requires that funded by the Capital Grant (Capital MDD PHA documents that the waiver is PHAs submit their unaudited financial Grant Funds with undisbursed balances needed for relief and recovery purposes. statements not later than 60 calendar and HOPE VI funds) until issuance of This documentation need not be in days after the end of their fiscal year 2018 TDC levels. MDD PHAs that writing if HUD determines that and that PHAs submit their audited request to waive this provision and providing written documentation is financial statements not later than 9 receive approval to do so must strive to impracticable. months after the end of their fiscal year. keep housing costs reasonable given HUD expects that any waiver granted HUD is willing to consider requests to local market conditions, based upon the pursuant to this notice will benefit extend these reporting deadlines. provisions outlined in 2 CFR part 200. families affected by the disasters, for Specifically, for MDD PHAs with fiscal F. 24 CFR 905.314(j) (Cost and other example by enabling MDD PHA staff to years ending December 31, 2016, and limitations; Types of labor). This section focus on relief and recovery efforts. March 31, 2017, the deadline for establishes that non-high performer An MDD PHA seeking a waiver of a submission of financial information in PHAs may use force account labor for HUD requirement listed below or of any accordance with 24 CFR 5.801(b) and modernization activities only when the other HUD requirement needed to assist the deadline for submission of audited use of force account labor for such the MDD PHA in its relief and recover financial statements may be extended to activities has been included in a Board- efforts must submit a waiver request 13 months. For MDD PHAs with fiscal approved Capital Fund Program 5-Year pursuant to the process outlined in years ending June 30, 2017, September Action Plan. HUD is willing to waive Section IV of this notice. HUD will not 30, 2017, and December 31, 2017, the this requirement to allow for the use of approve an MDD PHA’s or other deadline for submission of financial force account labor for modernization recipient’s request to waive a fair information in accordance with 24 CFR activities even if this activity has not housing, civil rights, labor standards, or 5.801(b) and the deadline for been included in the non-high environmental requirement. The request submission of unaudited financial performer MDD PHA’s 5-Year Action must be submitted to HUD not later than statement may be extended to 180 Plan. This waiver will be in effect for a January 4, 2018. calendar days, and the deadline for period not to exceed 12 months from the A. 24 CFR 5.512(d) (Verification of submission of audited financial date of HUD approval. eligible immigration status; Secondary statements may be extended to 13 G. 24 CFR 905.400(i)(5) (Capital Fund verification). Section 5.512 describes the months. Formula; Limitation of Replacement process by which verification of eligible C. 24 CFR 902 (Public Housing Housing Funds to New Development). immigration status must be undertaken Assessment System). Part 902 sets out Section 905.400 describes the Capital for families seeking assistance under the indicators by which HUD measures Fund formula. Section 905.400(i)(5) certain HUD programs. In circumstances the performance of a PHA. The limits the use of replacement housing under which secondary verification indicators measure a PHA’s physical funds to the development of new public must be requested, Section 5.512(d) condition, financial condition, housing. To help address housing needs provides a PHA with 10 calendar days management operations, and Capital as a result of the displacement caused from the date of receipt of the results of Fund obligation and occupancy. For an by the severe storms and flooding, HUD the primary verification to request MDD PHA that has a fiscal year end of is willing to waive 905.400(i)(5) to allow secondary verification from Immigration June 30, 2017, September 30, 2017, all Capital Fund Replacement Housing and Customs Enforcement (ICE). To December 31, 2017, March 31, 2018, or Factor Grants with undisbursed initiate secondary verification, 24 CFR June 30, 2018, HUD is willing to balances to be used for public housing 5.512(d)(2) requires that the PHA consider a request to waive the modernization. This waiver will be in provide ICE with ‘‘photocopies of the inspection and scoring of public effect for funds obligated within 12 original [ICE] documents required for housing projects, as required under 24 months from the date of HUD approval. the immigration status declared (front CFR 902 H. 24 CFR 960.202(c) (Tenant and back), attached to the [ICE] D. 24 CFR 905.322(b) (Fiscal selection policies) and 982.54(a) document verification request form closeout). Section 905.322(b) establishes (Administrative plan). Section G–845S (Document Verification deadlines for the submission of an 960.202(c)(1) provides that public Request), or such other form specified Actual Development Cost Certificate housing tenant selection policies must by the [ICE].’’ HUD is willing to (ADCC) and an Actual Modernization be duly adopted and implemented. consider a request from an MDD PHA to Cost Certificate (AMCC). Specifically, Section 982.54(a) provides that a PHA’s extend the timeframe for secondary the ADCC must be submitted 12 months Section 8 administrative plan must be

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formally adopted by the PHA Board of provide public notice via voice-mail family occupying a unit pursuant to this Commissioners or other authorized PHA message must consider how it will reach waiver, the waiver will be in effect for officials. For temporary revisions to an persons with hearing impairments and the initial lease term. MDD PHA’s public housing tenant persons with limited English M. 24 CFR 982.633(a) (Occupancy of selection policies or Section 8 proficiency. HUD maintains the home). This section establishes the administrative plan that an MDD PHA requirement that an MDD PHA must requirement that PHAs may make HAP wishes to put into place to address also provide the public notice in for homeownership assistance only circumstances unique to relief and minority media. Any notice must while a family resides in their home and recovery efforts, HUD is willing to comply with HUD fair housing must stop HAP no later than the month consider requests to waive the requirements. after a family moves out. HUD is willing requirements for formal approval. Any K. 24 CFR 982.503(c) (HUD approval to consider a request from an MDD PHA waiver request must include of exception payment standard wishing to waive this requirement to documentation that an MDD PHA’s amount). 24 CFR 982.503(c) authorizes allow families displaced from their Board of Commissioners or an HUD to approve an exception payment homes located in areas affected by authorized MDD PHA official supports standard amount that is higher than 110 MDD(s) 4332, 4335, 4337, 4338, 4339 the waiver request and must identify the percent of the published fair market rent and/or 4340 to comply with mortgage temporary revisions, which shall be (FMR). Typically, a PHA must provide terms or make necessary repairs. A PHA effective for a period not to exceed 12 data about the local market to requesting a waiver of this type must months from the date of HUD’s substantiate the need for an exception show good cause by demonstrating that approval. Additionally, any waiver payment standard. In a natural disaster the family is not already receiving request is limited to revisions that do situation, however, the typical data assistance from another source. NOTE: not constitute a significant amendment sources fail to capture conditions on the An MDD PHA that wishes in addition or modification to the MDD PHA plan; ground. In these cases, HUD considers to request a waiver of the requirement pursuant to Section 5(A)(g) of the 1937 the most recently available data on the at 982.312 that a family be terminated Act, HUD cannot waive the approval by rental market, prior to the disaster, then from the program if they have been the board or other authorized PHA estimates the number of households absent from their home for 180 officials if the proposed revision would seeking housing units in the wake of the consecutive calendar days must do so constitute a significant amendment or disaster to arrive at an emergency separately. modification to the PHA plan. Finally, exception payment standard amount. N. 24 CFR 984.303(d) (Contract of HUD cannot waive any terms within a HUD has decided, based on this data, participation; contract extension). Part PHA’s own plan or state law requiring that exception payment standard 984 establishes the requirements for the the approval of the board or authorized amounts up to 150 percent of the FMR Section 8 and Public Housing Family PHA officials. are justified and that an MDD PHA may Self-Sufficiency (FSS) Program. Section I. 24 CFR 965.302 (Requirements for therefore request a waiver to establish 984.303(d) authorizes a PHA to extend energy audits). This section establishes an exception payment standard up to a family’s contract of participation for a the requirement that all PHAs complete 150 percent of the FMR without period not to exceed 2 years, upon a an energy audit for each PHA-owned providing supporting data. Upon finding of good cause, for any family project under management, not less than approval by HUD, an exception that requests such an extension in once every 5 years. HUD is willing to payment standard adopted pursuant to writing. HUD is willing to consider a consider a request for audits due to take this notice may be adopted for any request from an MDD PHA that wishes place in FY 2017 an additional 12 Housing Assistance Payment (HAP) to extend family contracts for up to 3 months after December 31, 2016, to contract entered as of the effective date years, if such extensions are merited complete such an audit. of this notice. HUD intends for these based on circumstances deriving from J. 24 CFR 982.206(a)(2) (Waiting List; exception payment standards to remain MDD(s) 4332, 4335, 4337, 4338, 4339 Opening and closing; Public notice). in effect until HUD implements changes and/or 4340. Any waiver granted This section describes where a PHA to the FMRs in the affected areas. MDD pursuant to this request will be in effect must provide public notice when it PHAs are reminded that increased per- for requests made to the MDD PHA opens its waiting list for tenant-based family costs resulting from the use of during a period not to exceed 12 months assistance. HUD is willing to consider a exception payment standards may result from the date of HUD approval. request from an MDD PHA that wishes, in a reduction in the number of families O. 24 CFR part 985 (Section 8 in lieu of the requirement to provide assisted or may require other cost-saving Management Assessment Program notice in a local newspaper of general measures for an MDD PHA to stay (SEMAP)). Part 985 sets out the circulation, to provide public notice via within its funding limitations. requirements by which section 8 tenant- its Web site, at any of its offices, and/ L. 24 CFR 982.401(d) (Housing quality based assistance programs are assessed. or in a voice-mail message, for any standards; Space and security). This For an MDD PHA that has a fiscal year opening of the waiting list for tenant- section establishes a standard for end of September 30, 2017, December based assistance that occurs within a adequate space for an HCV-assisted 31, 2017, or March 31, 2018, HUD is period not to exceed 12 months from the family. Specifically, it requires that each willing to consider a request to carry date of HUD approval. MDD PHAs that dwelling unit have at least 1 bedroom or forward the last SEMAP score received request a waiver of this requirement and living/sleeping room for each 2 persons. by the PHA. receive HUD approval must consider the HUD is willing to consider a request P. Notice PIH 2012–10, Section 8(c) fair housing implications of the means from an MDD PHA that wishes to waive (Verification of the Social Security by which they choose to provide public this requirement to house families Number (SSN)). PHAs are required to notice. For example, an MDD PHA that displaced due to the severe storms and transmit form HUD–50058 not later than chooses to provide public notice at its flooding. The waiver will be in effect 30 calendar days following receipt of an offices must consider the impact on only for HAPs entered into during the applicant’s or participant’s SSN persons with disabilities, who may have 12-month period following the date of documentation. HUD is willing to difficulty visiting the office in-person. HUD approval, and then only with the consider a request to extend this Similarly, an MDD PHA that chooses to written consent of the family. For any requirement to 90 calendar days, for a

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period not to exceed 12 months from the V. Notice PIH 2017–10, Section VI. Finding of No Significant Impact date of HUD approval. 6(F)(2)(a). The maximum number of A Finding of No Significant Impact R. Notice PIH 2012–7, Section 9 and TPVs available to PHAs for public (FONSI) with respect to the 4. HUD will not process a SAC housing removal actions is based on the environment has been made in application that is incomplete or occupancy of the public housing units accordance with HUD regulations at 24 deficient on a substantial item (e.g. at the time the Section 18 demolition or CFR part 50, which implement section supporting information required under disposition application is approved by 102(2)(C) of the National Environmental 24 CFR 970.7(a)(1)–(17) (environmental HUD. If MDD PHAs have vacated units Policy Act of 1969 (42 U.S.C. review must still be performed)). HUD based on imminent health and safety 4332(2)(C)). The FONSI is available for is willing to consider a request to waive prior to the submission of a TPV public inspection between 8 a.m. and 5 this for MDD PHAs in order to allow application, HUD is willing to consider p.m. weekdays in the Regulations these PHAs to apply for tenant making TPVs available for units that Division, Office of General Counsel, protection vouchers (TPVs) after the were occupied immediately prior to the Department of Housing and Urban submission of a SAC application based disaster. Development, 451 7th Street SW., Room on imminent health and safety issues (in V. Notification and Expedited Waiver 10276, Washington, DC 20410–0500. accordance with PIH Notice 2017–10). Process—Instructions Due to security measures at the HUD S. 24 CFR 970.15(b)(1)(ii). For Section Headquarters building, an advance HUD has developed a checklist 18 demolition applications (and appointment to review the docket file (Attachment A to this notice) that an disposition applications) justified by must be scheduled by Calling the MDD PHA must complete and submit to location obsolescence, in addition to Regulations Division at 202–708–3055 take advantage of the provisions accepting an environmental review (this is not a toll-free number). Hearing- identified in this notice and the performed by HUD under 24 CFR part or speech-impaired individuals may expedited review of waiver requests. 50, for MDD PHAs, HUD is willing to access this number through TTY by Each provision on the checklist accept an environmental review calling the Federal Relay Service at 800– indicates the documentation that must performed under 24 CFR part 58 if HUD 877–8339 (this is a toll-free number). determines the part 58 review indicates accompany the MDD PHA’s submission. Dated: October 3, 2017. the environmental conditions jeopardize Each request for a waiver (Section 3 of the suitability of the site or a portion of the checklist) must include a good-cause Dominique Blom, the site and its housing structures for justification stating why the waiver is General Deputy Assistant Secretary. residential use. needed for the PHA’s relief and recovery ATTACHMENT A T. 24 CFR 970.15(b)(2) and PIH 2012– efforts. To complete the checklist, take the Relief from HUD Requirements Available to 7, Section 14. For Section 18 demolition Public Housing Agencies to Assist with applications (and disposition following steps: 1. Download the checklist to your Recovery and Relief Efforts on Behalf of applications) justified by obsolescence, computer, saving the document with the Families Affected by Hurricanes Harvey, HUD generally shall not consider a Irma and Hurricane Maria following filename: FR–5987–N–01. program of modifications to be cost- Your Agency’s HA Code (e.g., FR–5987– Information about Requesting Agency effective if the costs of such program N–01.MI001). HUD will consider other NAME OF PHA: exceed 62.5 percent of total PHA CODE: methods of submission as needed. development cost (TDC) for elevator Address: 2. Complete the section titled City or Locality: structures and 57.14 percent of TDC for Information about Requesting Agency. all other types of structures in effect at Parish: This section must be complete. An Date of Submission: [may not be after January the time the application is submitted to official of the MDD PHA must sign 4, 2018] HUD. In addition, HUD requires that where indicated. If the information Signature of PHA Official: llllllll PHAs support rehabilitation cost- about the requesting agency is estimate by a list of specific and incomplete or the checklist has not been Name/Title of PHA Official: Phone number of PHA Official: detailed work-items identified on form signed, then the checklist will be HUD–52860–B and other criteria returned without review. Section 1. Insert an ‘‘X’’ next to the outlined in PIH Notice 2012–7, Section 3. Complete Sections 1, 2, and/or 3 of applicable category (A, B, C or D). 14. HUD is willing to consider requests the checklist, as applicable, noting the llCategory A: My agency is located in one to waive these requirements if MDD documentation (if any) that of the counties that received a Major PHAs submit other evidence (e.g. accompanies each provision. Disaster Declaration on August 25, 2017 insurance adjuster reports, 4. Address an email to both HUD HQ [MDD 4332]. Aransas, Bee, Brazoria, condemnation orders from local and your Field Office Public Housing Calhoun, Chambers, Colorado, Fayette, municipalities, photographs) that Director. In the subject line, type Fort Bend, Galveston, Goliad, Hardin, Harris, Jackson, Jasper, Jefferson, support the MDD PHA’s certification ‘‘Hurricane Harvey/Irma Disaster that a program of modifications is not Kleberg, Liberty, Matagorda, Relief.’’ Email: Montgomery, Newton, Nueces, Orange, cost-effective. [email protected]. Refugio, Sabine, San Jacinto, San U. Notice PIH 2012–7, Section 14. 5. Attach the completed checklist to Patricio, Victoria, Waller, Wharton HUD approves Section 18 demolition your email. ll[Category B: Category B will include applications (and disposition 6. Click ‘‘Send.’’ counties included in Major Disaster applications justified by physical Checklists and any supporting Declaration for Hurricane Irma; MDD obsolescence HUD is willing to consider documentation or information must be 4335, 4336, 4337, 4338]. St. John (Island) requests to waive these criteria for MDD submitted not later than January 4, (County-equivalent), St. Thomas (Island) PHAs if they submit other evidence (e.g. 2018. Requests submitted after January (County-equivalent), Canovanas (Municipio), Culebra (Municipio), Loiza insurance adjuster reports, photographs) 4, 2018 will not be considered, nor will (Municipio), Vieques (Municipio), that support the MDD PHA’s HUD consider any waiver requests Alachua, Baker, Bradford, Brevard, certification that a program of submitted to this email address that are Broward, Charlotte, Citrus, Clay, Collier, modifications is not cost-effective. unrelated to relief and recovery efforts. Columbia, DeSoto, Dixie, Duval, Flagler,

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Gilchrist, Glades, Hardee, Hendry, HUD requirement and receive expedited been included in our agency’s 5-Year Hernando, Highlands, Hillsborough, review of the request, if the MDD PHA Action Plan. I understand that this Indian River, Lafayette, Lake, Lee, Levy, demonstrates that the waiver is needed for waiver will be in effect for a period not Manatee, Marion, Martin, Miami-Dade, relief and recovery purposes. Each request to exceed 12 months from the date of Monroe, Nassau, Okeechobee, Orange, must include a good-cause justification for HUD approval. Osceola, Palm Beach, Pasco, Pinellas, the waiver, documenting why the waiver is llG. 24 CFR 905.400(i)(5) (Capital Fund Polk, Putnam, Sarasota, Seminole, St. needed for such purposes. No requested Formula; Limitation of Replacement Johns, St. Lucie, Sumter, Suwannee, waiver may be implemented unless and until Housing Funds to New Development) Union, Volusia, Camden, Chatham, written approval from HUD has been (Office of Capital Improvements) Glynn, Liberty and Mcintosh. obtained. My agency requests a waiver of 24 CFR ll[Category C: Category C will include llA. 24 CFR 5.512(d) (Verification of 905.400(i)(5) to allow for the use of counties included in Major Disaster eligible immigration status; Secondary Capital Fund Replacement Housing Declaration for Hurricane Maria; MDD verification). (Housing Voucher Factor grants with undisbursed balances 4339 and 4340]. St. Croix (Island) Management and Operations; Public for public housing modernization. I (County-equivalent), Aguas Buenas, Housing Management and Occupancy) understand that this waiver will be in Aibonito, Arecibo, Arroyo, Barceloneta, My agency requests a waiver of 24 CFR effect only for funds obligated within 12 Barranquitas, Bayamo´ n, Caguas , 5.512(d) to extend the timeframe for months from the date of HUD approval. Cano´ vanas, Carolina, Catan˜ o, Cayey, secondary verification requests to llH. 24 CFR 960.202(c) (Tenant selection Ceiba, Ciales, Cidra, Coamo, Comerio, Immigration and Customs Enforcement policies) and 24 CFR 982.54(a) Corozal, Culebra, Dorado, Fajardo, from 30 to 90 days. I understand that, if (Administrative plan). (Housing Voucher Florida, Guayama, Guaynabo, Gurabo, approved, this waiver will be in effect for Management and Operations; Public Humacao, Jayuya, Juana Dı´az, Juncos, a period not to exceed 12 months from Housing Management and Occupancy) Las Piedras, Loı´za, Luquillo, Manati, the date of HUD approval. My agency requests a waiver of 24 CFR Maunabo, Morovis, Naguabo, Naranjito, llB. 24 CFR 5.801(c) and 5.801(d)(1) 960.202(c)(1) and/or 24 CFR 982.54(a) so Orocovis, Patillas, Ponce, Rio Grande, (Uniform financial reporting standards; that our public housing tenant selection Salinas, San Juan, San Lorenzo, Santa Filing of financial reports; Reporting policies and section 8 administrative Isabel, Toa Baja, Toa Alta, Trujillo Alto, compliance dates). (REAC) plan may be revised on a temporary Utuado, Vega Alta, Vega Baja, Vieques, My agency requests a waiver of 24 CFR basis, without formal approval, to Villalba, and Yabucoa. 5.801(c) to extend the deadline for address circumstances unique to relief ll[Category D: Category D is for PHAs, reporting of unaudited financial and recovery efforts. I have attached Tribes and TDHEs located in areas information to 180 days and of 24 CFR documentation that our Board of covered by MDDs issued during the 5.801(d)(1) to extend the reporting Commissioners or an authorized PHA remainder of 2017]. deadline for audited financial official supports the waiver request. I Section 2. Insert an ‘‘X’’ next to the information to 13 months. have also attached documentation applicable flexibilities. For requests to waiver the deadline to identifying the temporary revisions. The report audited financial information, my adoption of these revisions does not An MDD PHA may adopt the flexibilities agency has a fiscal year end of 12/31/16 constitute a significant amendment to listed below. or 3/31/17. our PHA plan, nor does state law prevent llA. 42 U.S.C. 1437g(j)(1) and (j)(5)(A) For requests to waiver the deadlines to us from adopting the revisions without (Extension of deadline for obligation and report both unaudited financial formal approval. I understand that these expenditure of Capital Funds.). (Office information and audited financial revisions will be in effect for a period not of Capital Improvements) information, my agency has a fiscal year to exceed 12 months from the date of My agency requests that HUD extend the end of 6/30/17, 9/30/17 or 12/31/17. HUD’s approval. deadline for the obligation and llC. 24 CFR 902 (Public Housing llI. 24 CFR 965.302 (Requirements for expenditure of Capital Funds for an Assessment System). (REAC) energy audits). (Public Housing additional 12 months. We will maintain Management and Occupancy) documentation substantiating the need My agency requests a waiver of the for this extension. inspection and scoring of public housing My agency requests a waiver of 24 CFR llB. 24 CFR 984.105 (Family Self- projects, as required under 24 CFR 902. 965.302 to provide us with an additional Sufficiency minimum program size). My agency has a fiscal year end of 6/30/ 12 months after December 31, 2017, to (Housing Voucher Management and 17, 9/30/17, 12/31/17, 3/31/18, or 6/30/ complete our audits. ll Operations; Public Housing Management 18. J. 24 CFR 982.206(a)(2) (Waiting List; and Occupancy) llD. 24 CFR 905.322(b) (Fiscal closeout) Opening and closing; Public notice). My agency submits the certification (Office of Capital Improvements) (Housing Voucher Management and required by 24 CFR 984.103 and will My agency requests a waiver of 24 CFR Operations) operate an FSS program that is smaller 905.322(b) to extend the deadline for My agency requests a waiver of 24 CFR than the required program size for up to submission of the Actual Development 982.206(a)(2) so that we can provide 24 months from October 6, 2017. Cost Certificate and the Actual public notice of the opening of our llC. 24 CFR 990.145(b) (Public housing Modernization Cost Certificate by 12 waiting list via our Web site, at any of dwelling units with approved months. our offices, and/or in a voice-mail vacancies). (REAC—Public Housing llE. 24 CFR 905.314(b)–(c) (Cost and other message in lieu of providing notice in a Financial Management Division) limitations; Maximum project cost; TDC local newspaper of general circulation. I My agency requests HUD approval to limit). (Office of Capital Improvements) understand that this waiver is in effect treat certain public housing units in our My agency requests a waiver of 24 CFR for a period not to exceed 12 months inventory as approved vacancies. I have 905.314(b)–(c), which establish the from the date of HUD approval. attached a project-by-project listing of calculation of maximum project cost and llK. 24 CFR 982.503(c) (HUD approval of the units for which this approval is total development cost limits for the exception payment standard amount). requested. I understand that any units Capital Fund program. I understand that (Housing Voucher Management and that remain vacant shall be considered this waiver is in effect only until 2018 Operations) approved vacancies only for a period not TDC limits have been published. My agency requests to establish an to exceed 12 months from the date of llF. 24 CFR 905.314(j) (Cost and other exception payment standard amount HUD approval. limitations; Types of labor) (Office of that is higher than 110 percent of the Capital Improvements) published fair market rent (FMR). I have Section 3. Insert an ‘‘X’’ next to the My agency requests a waiver of 24 CFR attached our proposed emergency applicable waiver requests. 904.314(j) to allow for the use of force exception payment standard schedule, An MDD PHA may request a waiver of a HUD account labor for modernization which shows both the dollar amounts requirement listed below or of any other activities even if this activity has not requested and those amounts as a

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percentage of the FMRs in effect at the Regulation Description The ITP application is available by time of the request. I understand that mail from the Regional Director, U.S. any approved exception payment Example: 24 Example: A waiver of this regu- Fish and Wildlife Service, P.O. Box standard will remain in effect until HUD CFR lation will facilitate our agen- 1306, Room 6034, Albuquerque, NM revises the FMRs for the area. I also 982.54. cy’s capacity to participate in 87103. understand that increased per-family relief and recovery efforts by costs resulting from the use of such ... • In-Person: Copies of the dEA and exception payment standard may result dHCP are also available for public in a reduction in the number of families inspection and review at the following assisted or may require my agency to locations, by appointment and written adopt other cost-saving measures. llL. 24 CFR 982.401(d) (Housing quality request only, 8 a.m. to 4:30 p.m.: standards; Space and security). Æ U.S. Fish and Wildlife Service, 500 (Housing Voucher Management and Gold Avenue SW., Room 6034, Operations) Albuquerque, NM 87102. My agency requests a waiver of 24 CFR Æ 982.401(d) so that we may allow families U.S. Fish and Wildlife Service, to occupy units that are smaller than our 10711 Burnet Road, Suite 200, Austin, occupancy standards would otherwise [FR Doc. 2017–21600 Filed 10–5–17; 8:45 am] TX 78758. dictate. I understand that this waiver is BILLING CODE 4210–67–P Comment submission: You may in effect only for HAPs entered into submit written comments by one of the during the 12-month period following the following methods: date of HUD approval, and then only DEPARTMENT OF THE INTERIOR with the written consent of the family. • Electronically: Submit electronic llM. 24 CFR 982.633(a) (Occupancy of Fish and Wildlife Service comments to FW2_AUES_Consult@ home). (Housing Voucher Management fws.gov. Please note that your request is and Operations) [FWS–R2–ES–2017–N092; FXES11120200000–178–FF02ENEH00] in reference to the SAWS dHCP (TE My agency requests a waiver of 24 CFR 36242C–0). 982.633(a) so that we may continue HAP Draft Environmental Assessment and for homeownership for families • By hard copy: Mr. Adam Zerrenner, displaced from their homes if needed to Draft Habitat Conservation Plan for the Austin Ecological Services Field Office, comply with mortgage terms or make San Antonio Water System’s Micron 10711 Burnet Road, Suite 200, Austin, necessary repairs. We have determined and Water Resources Integration TX 78758–4460; telephone 512–490– Program Water Pipelines; Bexar that the family is not receiving assistance 0057; fax 512–490–0974. Please note from another source. I understand that County, Texas such payments must cease if the family that your request is in reference to the remains absent from their home for more AGENCY: Fish and Wildlife Service, SAWS dHCP (TE 36242C–0). than 180 consecutive calendar days. Interior. We request that you send comments llN. 24 CFR 984.303(d) (Contract of ACTION: Notice of availability; request by only the methods described above. participation; contract extension). for public comments. (Public Housing Management and FOR FURTHER INFORMATION CONTACT: Occupancy; Housing Voucher SUMMARY: We, the U.S. Fish and Adam Zerrenner, Field Supervisor, U.S. Management and Operations) Wildlife Service (Service), make Fish and Wildlife Service, 10711 Burnet My agency requests a waiver of 24 CFR available the draft Environmental Road, Suite 200, Austin, TX 78758 or 984.303(d) so that a family’s contract of Assessment (dEA) for the San Antonio (512) 490–0057. participation may be extended for up to Water System (SAWS) draft Habitat 3 years. I understand that such Conservation Plan (dHCP) for SUPPLEMENTARY INFORMATION: extensions may be made only during the construction of two water pipelines 12-month period following the date of Introduction HUD approval. (Micron and Water Resources llO. 24 CFR 985.101(a) (Section 8 Integration Program (WRIP)) in Bexar We, the U.S. Fish and Wildlife Management Assessment Program County, Texas. SAWS (applicant) has Service (Service), make available the (SEMAP)). (Housing Voucher applied to the Service for an incidental draft Environmental Assessment (dEA) Management and Operations) take permit (ITP) under the Endangered for the San Antonio Water System My agency requests a waiver of 24 CFR Species Act (ESA). (SAWS) draft Habitat Conservation Plan 985.101(a) so that our SEMAP score from DATES: To ensure consideration, written (dHCP) for construction of two water the previous year may be carried over. My agency has a fiscal year end of 9/30/ comments must be received or pipelines (Micron and Water Resources 17, 12/31/17, or 3/31/18. postmarked on or before November 6, Integration Program (WRIP)) in Bexar llP. Notice PIH 2012–10, Section 8(c) 2017. County, Texas. SAWS (applicant) has (Verification of the Social Security ADDRESSES: Availability of Documents: applied to the Service for an incidental Number (SSN)) (REAC) Internet: You may obtain copies of the take permit (ITP; TE 36242C–0) under My agency requests a waiver of section all documents at the Service’s Web site section 10(a)(1)(B) of the Endangered 8(c) of Notice PIH 2012–10 to allow for at http://www.fws.gov/southwest/es/ Species Act of 1973, as amended (16 the submission of Form HUD–50058 90 AustinTexas/. U.S.C. 1531 et seq.; ESA). The applicant calendars days from receipt of an U.S. Mail: A limited number of CD– applicant’s or participant’s SSN requests a 15-year term permit to documentation. I understand that this ROM and printed copies of the draft EA authorize incidental take of the waiver will be in effect for a period not and draft HCP are available, by request, following five federally listed karst to exceed 12 months from the date of from Mr. Adam Zerrenner, Austin invertebrates: HUD approval. Ecological Services Field Office, 10711 llQ. Waivers not identified in FR–6050– Burnet Road, Suite 200, Austin, TX Madla’s Cave meshweaver (Cicurina madla) Robber Baron Cave meshweaver (Cicurina N–01. 78758–4460; telephone 512–490–0057; baronia) My agency seeks waivers of the HUD fax 512–490–0974. Please note that your Braken Bat Cave meshweaver (Cicurina venii) requirements listed below. I have request is in reference to the SAWS included documentation justifying the ground beetles with no common name (R need for the waivers. dHCP (TE 36242C–0). Rhadine exilis and Rhadine infernalis).

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The proposed take would occur management, and monitoring of 57.6 DEPARTMENT OF THE INTERIOR within SAWS’s rights-of-way (permit acres of the undeveloped portion of area) during construction of two water SAWS’s Anderson Pump Station, which Fish and Wildlife Service pipelines (by Micron and WRIP) in is adjacent to the proposed pipelines. Bexar County, Texas, as a result of Alternatives [Docket No. FWS–HQ–IA–2017–0059; vegetation disturbance; excavation; FXIA16710900000–156–FF09A30000] temporary placement of excavated Two alternatives to the proposed material; permanent placement of pipe, action we are considering as part of this Foreign Endangered Species Issuance casings, and stabilizing materials; process are: of Permits backfilling of excavated trenches; and 1. No Action: No ITP would be issued. restoration of surface conditions Under a No Action alternative, the AGENCY: Fish and Wildlife Service, (covered activities). The permit area is Service would not issue the requested Interior. 160.4 acres. ITP, and SAWS would not construct the Micron and WRIP water pipelines. ACTION: Notice of issuance of permits. Documents Available for Review Therefore, the applicant would not In accordance with the requirements implement the conservation measures SUMMARY: We, the U.S. Fish and of the National Environmental Policy described in the dHCP. Wildlife Service (Service), have issued Act of 1969 (42 U.S.C. 4321 et seq.; 2. Reduced Take and Reduced the following permits to conduct certain NEPA), we advise the public that: Mitigation: The Reduced Take and activities with endangered species, 1. We have gathered the information Reduced Mitigation alternative is marine mammals, or both. We issue necessary to determine impacts and similar to the Proposed Action in that these permits under the Endangered the Service would issue an ITP for the formulate alternatives for the dEA Species Act (ESA) and the Marine proposed projects. However, the HCP related to potential issuance of an ITP Mammal Protection Act (MMPA). to the applicant; and under this alternative would be 2. The applicant has developed a modified to cover a reduced area of ADDRESSES: Documents and other dHCP as part of the application for an karst zone impacts and thus would information submitted with these ITP, which describes the measures the subsequently reduce the amount of applications are available for review, applicant has agreed to take to minimize conservation to offset the impacts. All subject to the requirements of the and mitigate the effects of incidental other aspects of the proposed project Privacy Act and Freedom of Information take of the covered species to the and the HCP would remain the same. Act, by any party who submits a written maximum extent practicable pursuant to Public Availability of Comments request for a copy of such documents to section 10(a)(1)(B) of the ESA. Written comments we receive become the U.S. Fish and Wildlife Service, As described in the dHCP, the part of the public record associated with Division of Management Authority, proposed incidental take would occur this action. Before including your Branch of Permits, MS: IA, 5275 within the rights-of-way of two address, phone number, email address, Leesburg Pike, Falls Church, VA 22041; proposed water pipelines in Bexar or other personal identifying fax (703) 358–2281. To locate the County, Texas, and would result from information in your comment, you Federal Register notice that announced activities associated with otherwise should be aware that your entire our receipt of the application for each lawful activities. comment—including your personal permit listed in this document, go to Proposed Action identifying information—may be made www.regulations.gov and search on the The proposed action involves the publicly available at any time. While permit number provided in the tables in issuance of an ITP by the Service for the you can request in your comment that SUPPLEMENTARY INFORMATION. we withhold your personal identifying covered activities in the permit area, information from public review, we FOR FURTHER INFORMATION CONTACT: pursuant to section 10(a)(1)(B) of the cannot guarantee that we will be able to Joyce Russell, (703) 358–2023 ESA. The ITP would cover incidental do so. All submissions from (telephone); (703) 358–2281 (fax); or take of the covered species associated organizations or businesses, and from [email protected] (email). with construction of the Micron and individuals identifying themselves as WRIP water pipelines within the permit SUPPLEMENTARY INFORMATION: On the representatives or officials of area. dates below, as authorized by the organizations or businesses, will be To meet the requirements of a section provisions of the ESA, as amended (16 made available for public disclosure in 10(a)(1)(B) ITP, the applicant has U.S.C. 1531 et seq.; ESA), we issued their entirety. developed and proposes to implement requested permits subject to certain its dHCP, which describes the Authority conditions set forth therein. For each conservation measures the applicant has We provide this notice under section permit for an endangered species, we agreed to undertake to minimize and 10(c) of the ESA and its implementing found that (1) the application was filed mitigate for the impacts of the proposed regulations (50 CFR 17.22 and 17.32) in good faith, (2) the granted permit incidental take of the covered species to and NEPA and its implementing would not operate to the disadvantage the maximum extent practicable, and regulations (40 CFR 1506.6). of the endangered species, and (3) the ensures that incidental take will not granted permit would be consistent with Joy E. Nicholopoulos, appreciably reduce the likelihood of the the purposes and policy set forth in Acting Regional Director, Southwest Region, survival and recovery of these species in section 2 of the ESA. the wild. Albuquerque, New Mexico. The applicant proposes to mitigate [FR Doc. 2017–21563 Filed 10–5–17; 8:45 am] with the perpetual protection, BILLING CODE 4333–15–P

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Receipt of application Permit issuance Permit number Applicant Federal Register notice date

26612C ...... U.S. Centers for Disease Control and Preven- 82 FR 28348; June 21, 2017 ...... July 26, 2017. tion. 19878C ...... Schubot Exotic Bird Health Center ...... 82 FR 25615; June 2, 2017 ...... July 17, 2017. 24212C ...... University of Alaska Fairbanks ...... 82 FR 25616; June 2, 2017 ...... July 27, 2017. 64163A ...... NH&S Holdings, LLC ...... 82 FR 24382; May 26, 2017 ...... July 27, 2017. 93674B ...... International Crane Foundation ...... 82 FR 28348; June 21, 2017 ...... July 28, 2017. 71315A ...... Arizona Tortoise Compound ...... 79 FR 65981; November 6, 2014 ...... February 5, 2015.

Authority: We issue this notice under the Christine Gabriel to have your name 185 acres would be on private land, and authority of the ESA, as amended (16 U.S.C. added to the project mailing list. 969 acres would be on public land. 1531 et seq.). Persons who use a telecommunications The proposed pit depths would not Joyce Russell, device for the deaf (TDD) may call the intercept groundwater. No pit Government Information Specialist, Branch Federal Relay Service (FRS) at 1–800– dewatering would be necessary and no of Permits, Division of Management 877–8339 to contact the above pit lakes are anticipated to form after Authority. individual during normal business mining operations end. The Final EIS, [FR Doc. 2017–21556 Filed 10–5–17; 8:45 am] hours. The FRS is available 24 hours a through scoping and a 45-day public comment period, has identified and BILLING CODE 4333–15–P day, 7 days a week, to leave a message or question with the above individual. analyzed impacts to the following You will receive a reply during normal resources areas: Water resources, air DEPARTMENT OF THE INTERIOR business hours. quality, vegetation resources, wildlife, grazing management, land use and Bureau of Land Management SUPPLEMENTARY INFORMATION: McEwen access, aesthetics (noise and visual), Mining Inc. (MMI) proposes to develop cultural resources, paleontological [LLNVB00000.L51100000.GN0000.LVEMF a gold mine in the southwest portion of 1703550.211B.17XMO#4500108947] resources, geological resources the Roberts Mountains approximately (including minerals and soils), Notice of Availability of the Final 30 miles northwest of Eureka, Nevada. recreation, social and economic values, Environmental Impact Statement for The mine plan boundary encompasses hazardous materials, Native American the Gold Bar Mine Project, Eureka 5,362 acres of public lands and 199 cultural concerns, and wild horses. The County, Nevada acres of private lands located in Eureka proposed project area does not have any County, Nevada. The proposed Project lands with wilderness characteristics AGENCY: Bureau of Land Management, would include four open pits; waste (LWCs). The Pony Express National Interior. rock dump areas (WRDAs); crushing, Historic Trail crosses existing Three ACTION: Notice of availability. screening, and agglomeration facilities; Bars and North Roberts Creek Roads; heap leach pads (HLP), an associated however, public and recreational access SUMMARY: In compliance with the process solution pond, and an event to the National Historic Trail would not National Environmental Policy Act of pond; an adsorption, desorption, and be affected by mining activities. 1969, as amended (NEPA), and the recovery (ADR) plant including barren The FEIS describes and analyzes the Federal Land Policy and Management and pregnant solution tanks; ancillary proposed Project’s direct, indirect, and Act of 1976, as amended, the Bureau of and other facilities including an cumulative impacts on all affected Land Management (BLM) Mount Lewis explosive storage area, ammonium resources. In addition to the proposed Field Office, Battle Mountain, Nevada, nitrate prill silos, liquid natural gas Project, four alternatives were analyzed has prepared a Final Environmental (LNG) Cryostorage or compressed including the 25kV Overhead Impact Statement (FEIS) for the Gold natural gas (CNG) generators with a Distribution Line Alternative, the Three Bar Mine Project (Project) in Eureka switch station, a truck shop and wash Bars Road/Atlas Haul Road as Only County, Nevada, and by this Notice is bay, a ready line, landfill, laydown Access Alternative, the Mount Hope and announcing its availability. areas, water and power infrastructure, North Roberts Creek Road for Light DATES: The BLM will not issue a final buildings, yards, parking, storage, Vehicle Traffic Alternative, and the No decision on the proposal for a minimum growth media stockpiles, production Action Alternative. The Draft EIS was of 30 days after the date that the water wells (GBPW–210 and GBPW– released for a 45-day public comment Environmental Protection Agency 211) and an associated water supply period, which ended April 17, 2017. A publishes its Notice of Availability in pipeline, groundwater monitoring wells public meeting was held in Eureka, the Federal Register. (GBMW–01, GBMW–03, and GBMW– Nevada on March 22, 2017. A total of ADDRESSES: Copies of the FEIS for the 04), communication facilities, potable 2,178 comment letters were received Project and other documents pertinent water and fire water facilities, septic from the general public, agencies, to this proposal may be reviewed at the systems, and fencing; and mine access special interest groups, businesses and Mount Lewis Field Office: 50 Bastian roads (Three Bars Road, Atlas Haul organizations. The FEIS responds to all Road, Battle Mountain, Nevada 89820. Road, North Roberts Creek Road, Bypass comments received. These public The document is available for download Road [NVN–91566], and Roberts Creek comments resulted in the addition of at http://bit.ly/2gyfZms. Road). The Project would disturb 1,154 clarifying text, but did not significantly FOR FURTHER INFORMATION CONTACT: acres, including re-disturbing 420 acres change the analysis. Based on the Christine Gabriel—Project Manager, of existing, non-reclaimed disturbance analysis in the FEIS, the BLM has telephone 775–635–4000; address 50 from a previous abandoned mining determined that the preferred Bastian Road, Battle Mountain, Nevada operation; 718 acres of new disturbance; alternative is the approval of the Project, 89820; email blm_nv_bmdo_mlfo_gold_ and 16 acres of new disturbance as a with accompanying mitigation measures [email protected]. Contact result of exploration. Of the 1,154 acres, and voluntary applicant-committed

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environmental protection measures. The 5. Outstanding action jackets: None. INTERNATIONAL TRADE BLM has used and coordinated the COMMISSION In accordance with Commission NEPA scoping and comment process to policy, subject matter listed above, not [Investigation Nos. 701–TA–585–586 and help fulfill the public involvement 731–TA–1383–1384 (Preliminary)] process under the National Historic disposed of at the scheduled meeting, may be carried over to the agenda of the Preservation Act (NHPA) (54 U.S.C. Stainless Steel Flanges From China following meeting. 306108) as provided in 36 CFR and India 800.2(d)(3)—and continues to do so. By order of the Commission. Determinations The information about historic and Issued: October 4, 2017. 1 cultural resources within the area William R. Bishop, On the basis of the record developed potentially affected by the proposed in the subject investigations, the United Project has assisted the BLM in Supervisory Hearings and Information States International Trade Commission Officer. identifying and evaluating impacts to (‘‘Commission’’) determines, pursuant such resources in the context of both [FR Doc. 2017–21765 Filed 10–4–17; 4:15 pm] to the Tariff Act of 1930 (‘‘the Act’’), NEPA and Title 54 of the NHPA. BILLING CODE 7020–02–P that there is a reasonable indication that The BLM has consulted and continues an industry in the United States is to consult with Indian tribes on a materially injured by reason of imports government-to-government basis in INTERNATIONAL TRADE of stainless steel flanges from China and accordance with Executive Order 13175 COMMISSION India, provided for in subheadings and other policies. Tribal concerns, 7307.21.10 and 7307.21.50 of the including potential impacts to areas of [USITC SE–17–047] Harmonized Tariff Schedule of the critical cultural and spiritual United States, that are alleged to be sold significance and potential impacts to Government in the Sunshine Act in the United States at less than fair cultural resources have been analyzed Meeting Notice value (‘‘LTFV’’) and to be subsidized by in the Final EIS. the governments of China and India. Following a 30-day Final EIS AGENCY HOLDING THE MEETING: United Commencement of Final Phase availability and review period, a Record States International Trade Commission. of Decision (ROD) will be issued. The Investigations decision reached in the ROD is subject TIME AND DATE: October 13, 2017 at Pursuant to section 207.18 of the to appeal to the Interior Board of Land 11:00 a.m. Commission’s rules, the Commission Appeals. The 30-day appeal period PLACE: Room 101, 500 E Street SW., also gives notice of the commencement begins with the issuance of the ROD. Washington, DC 20436, Telephone: of the final phase of its investigations. Authority: 40 CFR 1501.7. (202) 205–2000. The Commission will issue a final phase notice of scheduling, which will be Joseph S. Moskiewicz, STATUS: Open to the public. published in the Federal Register as Acting Field Manager, Mount Lewis Field provided in section 207.21 of the MATTERS TO BE CONSIDERED: Office. Commission’s rules, upon notice from [FR Doc. 2017–21599 Filed 10–5–17; 8:45 am] 1. Agendas for future meetings: None. the Department of Commerce BILLING CODE 4310–HC–P 2. Minutes. (‘‘Commerce’’) of affirmative 3. Ratification List. preliminary determinations in the investigations under sections 703(b) or INTERNATIONAL TRADE 4. Vote in Inv. Nos. 731–TA–1186 and 733(b) of the Act, or, if the preliminary COMMISSION 1187 (Review) (Stilbenic Optical determinations are negative, upon Brightening Agent from China and notice of affirmative final [USITC SE–17–048] Taiwan). The Commission is determinations in those investigations Government in the Sunshine Act currently scheduled to complete under sections 705(a) or 735(a) of the Meeting Notice and file its determinations and Act. Parties that filed entries of views of the Commission by appearance in the preliminary phase of AGENCY HOLDING THE MEETING: United October 27, 2017. the investigations need not enter a States International Trade Commission. 5. Outstanding action jackets: None. separate appearance for the final phase TIME AND DATE: October 16, 2017 at of the investigations. Industrial users, 2:30 p.m. In accordance with Commission and, if the merchandise under policy, subject matter listed above, not PLACE: Room 101, 500 E Street SW., investigation is sold at the retail level, Washington, DC 20436, Telephone: disposed of at the scheduled meeting, representative consumer organizations (202) 205–2000. may be carried over to the agenda of the have the right to appear as parties in following meeting. Commission antidumping and STATUS: Open to the public. By order of the Commission. countervailing duty investigations. The MATTERS TO BE CONSIDERED: Secretary will prepare a public service 1. Agendas for future meetings: None. Issued: October 4, 2017. list containing the names and addresses 2. Minutes. William R. Bishop, 3. Ratification List. of all persons, or their representatives, 4. Vote in Inv. Nos. 701–TA–480 and Supervisory Hearings and Information who are parties to the investigations. Officer. 731–TA–1188 (Review) (High Background Pressure Steel Cylinders from [FR Doc. 2017–21764 Filed 10–4–17; 4:15 pm] BILLING CODE 7020–02–P On August 16, 2017, Core Pipe China). The Commission is Products, Inc., Carol Stream, Illinois and currently scheduled to complete and file its determinations and 1 The record is defined in sec. 207.2(f) of the views of the Commission by Commission’s Rules of Practice and Procedure (19 October 31, 2017. CFR 207.2(f)).

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Maass Flange Corporation, Houston, during the period of August 19, 2017 separation and to the decline in the Texas filed petitions with the through September 22, 2017. (This sales or production of such firm; OR Commission and Commerce, alleging Notice primarily follows the language of (B) Shift in Production or Services to that an industry in the United States is the Trade Act. In some places however, a Foreign Country Path OR Acquisition materially injured or threatened with changes such as the inclusion of of Articles or Services from a Foreign material injury by reason of LTFV and subheadings, a reorganization of Country Path: subsidized imports of stainless steel language, or ‘‘and,’’ ‘‘or,’’ or other words (i)(I) There has been a shift by such flanges from China and India. are added for clarification.) workers’ firm to a foreign country in the Accordingly, effective August 16, 2017, production of articles or the supply of the Commission, pursuant to sections Section 222(a)—Workers of a Primary services like or directly competitive 703(a) and 733(a) of the Act (19 U.S.C. Firm with articles which are produced or 1671b(a) and 1673b(a)), instituted In order for an affirmative services which are supplied by such countervailing duty investigation Nos. determination to be made for workers of firm; OR 701–TA–585–586 and antidumping a primary firm and a certification issued (II) such workers’ firm has acquired duty investigation Nos. 731–TA–1383– regarding eligibility to apply for TAA, from a foreign country articles or 1384 (Preliminary). the group eligibility requirements under services that are like or directly Notice of the institution of the Section 222(a) of the Act (19 U.S.C. competitive with articles which are Commission’s investigations and of a 2272(a)) must be met, as follows: produced or services which are public conference to be held in (1) The first criterion (set forth in supplied by such firm; connection therewith was given by Section 222(a)(1) of the Act, 19 U.S.C. AND posting copies of the notice in the Office 2272(a)(1)) is that a significant number of the Secretary, U.S. International or proportion of the workers in such (ii) the shift described in clause (i)(I) Trade Commission, Washington, DC, workers’ firm (or ‘‘such firm’’) have or the acquisition of articles or services and by publishing the notice in the become totally or partially separated, or described in clause (i)(II) contributed Federal Register of August 22, 2017 (82 are threatened to become totally or importantly to such workers’ separation FR 39914). The conference was held in partially separated; or threat of separation. Washington, DC, on September 6, 2017, and all persons who requested the AND (2(A) or 2(B) below) Section 222(b)—Adversely Affected Secondary Workers opportunity were permitted to appear in (2) The second criterion (set forth in person or by counsel. Section 222(a)(2) of the Act, 19 U.S.C. In order for an affirmative The Commission made these 2272(a)(2)) may be satisfied by either (A) determination to be made for adversely determinations pursuant to sections the Increased Imports Path, or (B) the affected secondary workers of a firm and 703(a) and 733(a) of the Act (19 U.S.C. Shift in Production or Services to a a certification issued regarding 1671b(a) and 1673b(a)). It completed Foreign Country Path/Acquisition of eligibility to apply for TAA, the group and filed its determinations in these Articles or Services from a Foreign eligibility requirements of Section investigations on October 2, 2017. The Country Path, as follows: 222(b) of the Act (19 U.S.C. 2272(b)) views of the Commission are contained (A) Increased Imports Path: must be met, as follows: in USITC Publication 4734 (October (1) A significant number or proportion (i) The sales or production, or both, of 2017), entitled Stainless Steel Flanges of the workers in the workers’ firm or such firm, have decreased absolutely; from China and India: Investigation an appropriate subdivision of the firm Nos. 701–TA–585–586 and 731–TA– AND (ii and iii below) have become totally or partially 1383–1384 (Preliminary). separated, or are threatened to become (ii) (I) imports of articles or services totally or partially separated; By order of the Commission. like or directly competitive with articles Issued: October 2, 2017. produced or services supplied by such AND William R. Bishop, firm have increased OR (2) the workers’ firm is a supplier or Supervisory Hearings and Information (II) (aa) imports of articles like or downstream producer to a firm that Officer. directly competitive with articles into employed a group of workers who [FR Doc. 2017–21547 Filed 10–5–17; 8:45 am] which one or more component parts received a certification of eligibility BILLING CODE 7020–02–P produced by such firm are directly under Section 222(a) of the Act (19 incorporated, have increased; OR U.S.C. 2272(a)), and such supply or (II) (bb) imports of articles like or production is related to the article or DEPARTMENT OF LABOR directly competitive with articles which service that was the basis for such are produced directly using the services certification (as defined in subsection Employment and Training supplied by such firm, have increased; Administration 222(c)(3) and (4) of the Act (19 U.S.C. OR 2272(c)(3) and (4)); (III) imports of articles directly Notice of Determinations Regarding AND Eligibility To Apply for Trade incorporating one or more component Adjustment Assistance parts produced outside the United (3) either— States that are like or directly (A) the workers’ firm is a supplier and In accordance with the Section 223 competitive with imports of articles the component parts it supplied to the (19 U.S.C. 2273) of the Trade Act of incorporating one or more component firm described in paragraph (2) 1974 (19 U.S.C. 2271, et seq.) (‘‘Act’’), as parts produced by such firm have accounted for at least 20 percent of the amended, the Department of Labor increased; production or sales of the workers’ firm; herein presents summaries of OR AND determinations regarding eligibility to (B) a loss of business by the workers’ apply for trade adjustment assistance (iii) the increase in imports described firm with the firm described in under Chapter 2 of the Act (‘‘TAA’’) for in clause (ii) contributed importantly to paragraph (2) contributed importantly to workers by (TA–W) number issued such workers’ separation or threat of the workers’ separation or threat of

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separation determined under paragraph OR subparagraph (B) or (C) of paragraph (1) (1). (B) an affirmative determination of is published in the Federal Register; Section 222(e)—Firms identified by the market disruption or threat thereof AND International Trade Commission under section 421(b)(1)of the Act (19 U.S.C. 2436(b)(1)); OR (3) the workers have become totally or partially separated from the workers’ In order for an affirmative (C) an affirmative final determination firm within— determination to be made for adversely of material injury or threat thereof under (A) the 1-year period described in affected workers in firms identified by section 705(b)(1)(A) or 735(b)(1)(A) of paragraph (2); OR the International Trade Commission and the Tariff Act of 1930 (19 U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A)); (B) not withstanding section 223(b) of a certification issued regarding the Act (19 U.S.C. 2273(b)), the 1-year eligibility to apply for TAA, the group AND period preceding the 1-year period eligibility requirements of Section (2) the petition is filed during the 1- described in paragraph (2). 222(e) of the Act (19 U.S.C. year period beginning on the date on 2272(e))must be met, by following Affirmative Determinations for Trade which— Adjustment Assistance criteria (1), (2), and (3) as follows: (A) a summary of the report submitted (1) The workers’ firm is publicly to the President by the International The following certifications have been identified by name by the International Trade Commission under section issued. The date following the company Trade Commission as a member of a 202(f)(1) of the Trade Act (19 U.S.C. name and location of each domestic industry in an investigation 2252(f)(1)) with respect to the determination references the impact resulting in— affirmative determination described in date for all workers of such paragraph (1)(A) is published in the determination. (A) an affirmative determination of Federal Register under section 202(f)(3) The following certifications have been serious injury or threat thereof under (19 U.S.C. 2252(f)(3)); OR issued. The requirements of Section section 202(b)(1) of the Act (19 U.S.C. (B) notice of an affirmative 222(a) (2) (A) (Increased Imports Path) 2252(b)(1)); determination described in of the Trade Act have been met.

TA–W No. Subject firm Location Impact date

92,193 ...... White Pine Electric Power, LLC, PM Power Group, Inc ...... White Pine, MI ...... September 9, 2015. 92,552 ...... UTLX Manufacturing, LLC, Marmon Holdings, Inc., Berk- Alexandria, LA ...... January 12, 2016. shire Hathaway, Inc. 92,609 ...... Avantor Performance Materials, LLC, Avantor Performance Phillipsburg, NJ ...... February 3, 2016. Materials Holdings, Kelly Services, Inc.

The following certifications have been Services to a Foreign Country Path or a Foreign Country Path) of the Trade Act issued. The requirements of Section Acquisition of Articles or Services from have been met. 222(a)(2)(B) (Shift in Production or

TA–W No. Subject firm Location Impact date

92,908 ...... SolarWorld Americans Inc., SolarWorld AG-Holding, Hillsboro, OR ...... May 22, 2016. Adecco, Randstad, Express, etc. 92,955 ...... Adient US LLC, Manpower Staffing, Malone Staffing ...... Auburn Hills, MI ...... June 13, 2016. 92,973 ...... The Boeing Company, Boeing Commercial Aircraft, 22nd North Charleston, SC ...... June 23, 2016. Century Technologies, Adecco US, etc. 93,025 ...... Ascutney Metal Products, Inc., Spirol International Cor- Windsor, VT ...... July 18, 2016. poration, Spirol International Holding Corporation. 93,031 ...... Continental Traffic Service, Inc., CTSI-Global, Pridestaff .... Memphis, TN ...... July 21, 2016. 93,040 ...... Radio Frequency Systems Inc., RFS Holding, GmbH, Meriden, CT ...... July 26, 2016. Alcatel Shanghai Bell, Adecco, Westaff, A.R. Mazzotta. 93,044 ...... Hartford Fire Insurance Company, Ariba Unit Technology Hartford, CT ...... July 27, 2016. Support Team, Hartford Financial Services Group, etc. 93,050 ...... Ormco d/b/a Allesee Orthodontic Appliances (AOA), Sturtevant, WI ...... July 31, 2016. Ormco Corporation, Kelly Services. 93,052 ...... HARMAN International, Samsung, Aerotek, Manpower, Richardson, TX ...... August 1, 2016. Quantum EPM, Humanix, Spherion, Wheelhouse, etc. 93,053 ...... JLM Couture, Inc...... New York, NY ...... August 1, 2016. 93,059 ...... International Business Machines (IBM), Watson Lab Serv- Littleton, MA ...... August 3, 2016. ices Delivery, 7Y Division, etc. 93,066 ...... Kalmar Rough Terrain Center, LLC, Cargotec ...... Cibolo, TX ...... August 7, 2016. 93,067 ...... Metalor Technologies USA, Electrotechnics, Carol Harris Export, PA ...... August 8, 2016. Staffing, Spherion, PeopleShare, etc. 93,071 ...... National Instruments, Americas Operation Division ...... Austin, TX ...... September 16, 2016. 93,071A ...... Staffmark, National Instruments, Americas Operation Divi- Austin, TX ...... August 11, 2016. sion. 93,078 ...... Health Care Service Corporation, Information Technology Downers Grove, IL ...... August 16, 2016. (Infrastructure) Services. 93,078A ...... Health Care Service Corporation, Information Technology Lombard, IL ...... August 16, 2016. (Infrastructure) Services. 93,082 ...... Heli-Tech, Inc., d/b/a Dart Aerospace ...... Eugene, OR ...... August 17, 2016.

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TA–W No. Subject firm Location Impact date

93,086 ...... Convergys ...... Richardson, TX ...... August 18, 2016. 93,099 ...... GE MDS, LLC, GE Power Division, Kelly Services ...... Rochester, NY ...... August 29, 2016. 93,111 ...... Corpak Medsystems, Inc., Halyard Health, Kelly Services, Buffalo Grove, IL ...... September 1, 2016. Express Employment Professionals, etc.

The following certifications have been are certified eligible to apply for TAA) issued. The requirements of Section of the Trade Act have been met. 222(b) (supplier to a firm whose workers

TA–W No. Subject firm Location Impact date

93,046 ...... Optimas OE Solutions, LLC, AIP ...... Erie, PA ...... July 28, 2016.

Negative Determinations for Worker criteria for TAA have not been met for total/partial separation or threat of total/ Adjustment Assistance the reasons specified. partial separation), or (e) (firms The investigation revealed that the identified by the International Trade In the following cases, the requirements of Trade Act section 222 Commission), have not been met. investigation revealed that the eligibility (a)(1) and (b)(1) (significant worker

TA–W No. Subject firm Location Impact date

93,023 ...... International Business Machines (IBM), Global Administra- Littleton, MA. tion (GA), YEXO GA Assistant Department.

The investigation revealed that the acquisition of articles or services from a certified eligible to apply for TAA), and criteria under paragraphs (a)(2)(A)(i) foreign country), (b)(2) (supplier to a (e) (International Trade Commission) of (decline in sales or production, or both), firm whose workers are certified eligible section 222 have not been met. or (a)(2)(B) (shift in production or to apply for TAA or downstream services to a foreign country or producer to a firm whose workers are

TA–W No. Subject firm Location Impact date

92,996 ...... GVL Polymer, Inc., ADP TotalSource, LSI Staffing, Aerotek Hesston, KS. Staffing.

The investigation revealed that the services from a foreign country), (b)(2) for TAA), and (e) (International Trade criteria under paragraphs(a)(2)(A) (supplier to a firm whose workers are Commission) of section 222 have not (increased imports), (a)(2)(B) (shift in certified eligible to apply for TAA or been met. production or services to a foreign downstream producer to a firm whose country or acquisition of articles or workers are certified eligible to apply

TA–W No. Subject firm Location Impact date

91,313 ...... American Paper Products ...... Totowa, NJ. 91,735 ...... Parker Hannifin Corporation, Hose Products Division, Deerwood, MN. Prostaff. 91,909 ...... John Deere Ottumwa Works ...... Ottumwa, IA. 91,989 ...... Emerson Electric Company, White-Rodgers Division, El Paso, TX. ResourceMFG, Select Staffing. 91,989A ...... Emerson Electric Company, White-Rodgers Division, St. Louis, MO. Accountemps, Aerotek, Apex, Asychrony, Belcan, etc. 92,525 ...... Protech Powder Coatings, Inc., Thermoclad Division, Erie, PA. Protech US Holdings Inc., Kelly Services, Inc. 92,528 ...... Humboldt Wedag, Inc., KHD Humboldt Wedag GmbH, Norcross, GA. Aerotek. 92,593 ...... Integrated Power Services, LLC ...... Washington, PA. 92,893 ...... General Mills Operations, LLC, Progresso Soup Division, Vineland, NJ. General Mills, Inc. 92,960 ...... General Motors (GM), Fairfax Assembly, Development Di- Kansas City, KS. mensions International (DDI). 92,975 ...... T&W Forge, LLC., SIFCO Industries, Inc ...... Alliance, OH. 92,991 ...... Moventas Gears, Inc., Express Services/Express Profes- Portland, OR. sionals, Madden Industries, etc. 93,006 ...... Swagelok Technology Services Company, Swagelok Com- Erie, PA. pany, Legacy Staffing.

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TA–W No. Subject firm Location Impact date

93,020 ...... Meadowbrook Meat Company—Tracy, McLane Company, Tracy, CA. Inc., J.B. Hunt, Premier Warehousing, Balance Staffing. 93,034 ...... Macy’s Sunland Park Store ...... El Paso, TX. 93,059A ...... International Business Machines (IBM), DG NA Digital Cambridge, MA. Marketing Group, Global Digital Marketing Organization. 93,064 ...... Locke Insulators, Inc., NGK North America, Inc ...... Baltimore, MD. 93,091 ...... International Business Machines (IBM), RFS Management Smyrna, GA. Services, Global Technical Services (GTS). 93,094 ...... Health Care Service Corporation, Marion Claims Front E Marion, IL. Department, Kelly Services.

Determinations Terminating on the Department’s Web site, as The following determinations Investigations of Petitions for Trade required by Section 221 of the Act (19 terminating investigations were issued Adjustment Assistance U.S.C. 2271), the Department initiated in cases where the petition regarding the After notice of the petitions was investigations of these petitions. investigation has been deemed invalid. published in the Federal Register and

TA–W No. Subject firm Location Impact date

92,985 ...... BJC HealthCare System ...... St. Louis, MO. 93,128 ...... Motorola, 222 Merchandise Mart Plaza ...... Chicago, IL.

The following determinations behalf the petition was filed is covered terminating investigations were issued under an existing certification. because the worker group on whose

TA–W No. Subject firm Location Impact date

92,905 ...... Seagate Technology, Randstad, Tek Systems, Inc ...... Bloomington, MN. 92,965 ...... General Electric Power Conversion US, Inc., Yoh Services, Pittsburgh, PA. Sunrise Systems, Inc., Noramtec Consultants, etc. 93,028 ...... TATA Consultancy Services ...... Midland, MI. 93,057 ...... Buckshot Corp., Diodes FabTech Inc., Diodes Incorporated Lee’s Summit, MO. 93,087 ...... Hewlett Packard Enterprise, Enterprise Services—Finance Chicago, IL. Division, Hewlett Packard Enterprise, etc.

The following determinations workers is covered by an earlier petition investigation for which a determination terminating investigations were issued that is the subject of an ongoing has not yet been issued. because the petitioning group of

TA–W No. Subject firm Location Impact date

93,073 ...... NORPAC Foods, Inc., Plant 7 ...... Salem, OR. 93,073A ...... NORPAC Foods, Inc., Stayton Plant, BDI Staffing ...... Stayton, OR. 93,073B ...... NORPAC Foods, Inc., Brooks Plant ...... Salem, OR. 93,109 ...... Best Buy, Geek Squad ...... Richfield, MN.

I hereby certify that the Signed at Washington DC, this 22nd day of DEPARTMENT OF LABOR aforementioned determinations were September, 2017. issued during the period of August 19, Hope D. Kinglock, Employment and Training 2017 through September 22, 2017. Certifying Officer, Office of Trade Adjustment Administration These determinations are available on Assistance. the Department’s Web site https:// Investigations Regarding Eligibility To [FR Doc. 2017–21584 Filed 10–5–17; 8:45 am] Apply for Worker Adjustment www.doleta.gov/tradeact/taa/taa_ BILLING CODE 4510–FN–P Assistance search_form.cfm under the searchable listing determinations or by calling the Petitions have been filed with the Office of Trade Adjustment Assistance Secretary of Labor under Section 221(a) toll free at 888–365–6822. of the Trade Act of 1974 (‘‘the Act’’) and are identified in the Appendix to this notice. Upon receipt of these petitions, the Director of the Office of Trade Adjustment Assistance, Employment and Training Administration, has

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instituted investigations pursuant to subject matter of the investigations may the Director, Office of Trade Adjustment Section 221(a) of the Act. request a public hearing provided such Assistance, Employment and Training The purpose of each of the request is filed in writing with the Administration, U.S. Department of investigations is to determine whether Director, Office of Trade Adjustment Labor, Room N–5428, 200 Constitution the workers are eligible to apply for Assistance, at the address shown below, Avenue NW., Washington, DC 20210. adjustment assistance under Title II, no later than October 16, 2017. Chapter 2, of the Act. The investigations Interested persons are invited to Signed at Washington, DC, this 25th day of will further relate, as appropriate, to the submit written comments regarding the September 2017. determination of the date on which total subject matter of the investigations to Hope D. Kinglock, or partial separations began or the Director, Office of Trade Adjustment Certifying Officer, Office of Trade Adjustment threatened to begin and the subdivision Assistance, at the address shown below, Assistance. of the firm involved. not later than October 16, 2017. The petitioners or any other persons The petitions filed in this case are showing a substantial interest in the available for inspection at the Office of

APPENDIX [83 TAA petitions instituted between 8/19/17 and 9/22/17]

Date of Date of TA–W Subject firm (petitioners) Location institution petition

93084 ...... Armstrong Flooring Company (Union) ...... Jackson, TN ...... 08/21/17 08/18/17 93085 ...... Becton Dickson Medical-Pharmaceutical Systems (State/ Franklin Lakes, NJ ...... 08/21/17 08/08/17 One-Stop). 93086 ...... Convergys (State/One-Stop) ...... Richardson, TX ...... 08/21/17 08/18/17 93087 ...... Hewlett Packard Enterprise (State/One-Stop) ...... Chicago, IL ...... 08/21/17 08/18/17 93088 ...... Human Technologies, Inc. (HTI) (State/One-Stop) ...... Bellwood, IL ...... 08/21/17 08/18/17 93089 ...... Huntington Foam LLC DBA Huntington Solutions (Work- Jeannette, PA ...... 08/21/17 08/21/17 ers). 93090 ...... Baxter Healthcare Corporation (State/One-Stop) ...... Englewood, CO ...... 08/22/17 08/21/17 93091 ...... International Business Machines (IBM) (State/One-Stop) ... Smyrna, GA ...... 08/22/17 08/22/17 93092 ...... St. Vincent Health (State/One-Stop) ...... Indianapolis, IN ...... 08/22/17 08/18/17 93093 ...... IBM Systems & Technology (Workers) ...... Austin, TX ...... 08/24/17 08/16/17 93094 ...... Health Care Service Corporation (Workers) ...... Marion, IL ...... 08/24/17 08/23/17 93095 ...... Vesuvius USA (Company) ...... Tyler, TX ...... 08/25/17 08/24/17 93096 ...... Asurion/iQor (State/One-Stop) ...... Klamath Falls, OR ...... 08/28/17 08/25/17 93097 ...... Avery Dennison (Company) ...... Greensboro, NC ...... 08/28/17 08/22/17 93098 ...... Benchmark Electronics (Company) ...... Nashua, NH ...... 08/28/17 08/28/17 93099 ...... GE MDS, LLC (State/One-Stop) ...... Rochester, NY ...... 08/29/17 08/29/17 93100 ...... Honeywell dba Mercury Instruments (Workers) ...... Melbourne, FL ...... 08/29/17 08/28/17 93101 ...... ITT Electrofilm (State/One-Stop) ...... Valencia, CA ...... 08/29/17 08/28/17 93102 ...... Sharp Electronics Corporation of America (State/One-Stop) Camas, WA ...... 08/29/17 08/17/17 93103 ...... Siemens (State/One-Stop) ...... Hutchinson, KS ...... 08/29/17 08/29/17 93104 ...... GM Orion Assembly (Union) ...... Lake Orion, MI ...... 08/30/17 08/29/17 93105 ...... M+W US Inc. (State/One-Stop) ...... Plano, TX ...... 08/30/17 08/29/17 93106 ...... New Castle Stainless Plate, LLC (Company) ...... New Castle, IN ...... 08/30/17 08/14/17 93107 ...... Quality Mold dba Versitech (Workers) ...... Greenwich, OH ...... 08/30/17 08/29/17 93108 ...... Interplex Automation (State/One-Stop) ...... Attleboro, MA ...... 08/31/17 08/30/17 93109 ...... Best Buy (State/One-Stop) ...... Richfield, MN ...... 09/01/17 08/31/17 93110 ...... Encap Technologies Inc. (Company) ...... Palatine, IL ...... 09/01/17 08/31/17 93111 ...... Corpak Medsystems, Inc. (State/One-Stop) ...... Buffalo Grove, IL ...... 09/05/17 09/01/17 93112 ...... Kongsberg Actuation, II aka Kongsberg Automotive (Com- Easley, SC ...... 09/05/17 09/01/17 pany). 93113 ...... REMMCO Inc. (State/One-Stop) ...... North East, PA ...... 09/05/17 09/01/17 93114 ...... Steven Erich Hubbard Rvoc Living Trust (Company) ...... McMinnville, TN ...... 09/05/17 09/04/17 93115 ...... Great-West Financial (State/One-Stop) ...... Greenwood Village, CO ...... 09/06/17 08/21/17 93116 ...... DeVry Education Group (State/One-Stop) ...... Downers Grove, IL ...... 09/06/17 09/05/17 93117 ...... CoreLogic Solutions, LLC (State/One-Stop) ...... Irvine, CA ...... 09/07/17 09/06/17 93118 ...... GE Capital (State/One-Stop) ...... Norwalk, CT ...... 09/07/17 08/24/17 93119 ...... Lincare Inc. (Workers) ...... Sharon, PA ...... 09/07/17 09/06/17 93120 ...... Resolute Forest Products US, Inc. (Union) ...... Calhoun, TN ...... 09/07/17 09/06/17 93121 ...... Suniva, Inc. (State/One-Stop) ...... Norcross, GA ...... 09/07/17 09/06/17 93122 ...... Arconic Massena Operations (State/One-Stop) ...... Massena, NY ...... 09/08/17 08/29/17 93123 ...... Boehringer Ingelheim (State/One-Stop) ...... Ridgefield, CT ...... 09/08/17 09/07/17 93124 ...... Darian Group Incorporated (State/One-Stop) ...... New York, NY ...... 09/08/17 09/05/17 93125 ...... Railtech Composites (State/One-Stop) ...... Plattsburgh, NY ...... 09/08/17 09/07/17 93126 ...... Arvato Digital Services (Workers) ...... Weaverville, NC ...... 09/11/17 09/07/17 93127 ...... Flowserve Corporation (State/One-Stop) ...... Boothwyn, PA ...... 09/11/17 09/08/17 93128 ...... Motorola (Company) ...... Chicago, IL ...... 09/11/17 09/10/17 93129 ...... Porter’s Group Sumter LLC (State/One-Stop) ...... Sumter, SC ...... 09/11/17 09/08/17 93130 ...... Siemens Inc. and Siemens Government Technologies Olean and Wellsville, NY ...... 09/11/17 09/08/17 (State/One-Stop). 93131 ...... Lake Catherine Footwear (State/One-Stop) ...... Hot Springs, AR ...... 09/12/17 09/11/17 93132 ...... American Made LLC dba US Liner Company (Workers) ..... Harmony, PA ...... 09/12/17 09/08/17 93133 ...... General Cable Co. (Workers) ...... Highland Heights, KY ...... 09/13/17 09/06/17

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APPENDIX—Continued [83 TAA petitions instituted between 8/19/17 and 9/22/17]

Date of Date of TA–W Subject firm (petitioners) Location institution petition

93134 ...... HERE North America LLC (Workers) ...... Fargo, ND ...... 09/13/17 09/12/17 93135 ...... Panasonic Eco Solutions Solar America (State/One-Stop) Salem, OR ...... 09/13/17 09/12/17 93136 ...... Sykes (State/One-Stop) ...... Eugene, OR ...... 09/13/17 09/12/17 93137 ...... Experian Health (State/One-Stop) ...... Springfield, IL ...... 09/14/17 09/13/17 93138 ...... Harman Professional (Company) ...... Elkhart, IN ...... 09/14/17 09/13/17 93139 ...... CDM Smith (State/One-Stop) ...... Boston, MA ...... 09/14/17 09/13/17 93140 ...... U.S. Steel Tubular Products, Inc. (Lone Star Tubular Oper- Lone Star, TX ...... 09/14/17 09/13/17 ations) (State/One-Stop). 93141 ...... Lincare Inc. (State/One-Stop) ...... Spokane, WA ...... 09/14/17 09/13/17 93142 ...... GM Nameplate Inc. (State/One-Stop) ...... Seattle, WA ...... 09/14/17 09/13/17 93143 ...... GVL Polymers, Inc. (State/One-Stop) ...... Heston, KS ...... 09/14/17 09/14/17 93144 ...... HSBC Technology and Services (State/One-Stop) ...... Buffalo, NY ...... 09/15/17 09/15/17 93145 ...... Nelson Global (State/One-Stop) ...... Clinton, TN ...... 09/15/17 09/14/17 93146 ...... Southworth Paper (State/One-Stop) ...... Turner Falls, MA ...... 09/15/17 09/14/17 93147 ...... APEM, Inc. (State/One-Stop) ...... Haverhill, MA ...... 09/18/17 09/18/17 93148 ...... H.B. Fuller (State/One-Stop) ...... Vadnais Heights, MN ...... 09/18/17 09/15/17 93149 ...... Health Care Service Corporation (BCBSMT) (Workers) ...... Helena, MT ...... 09/18/17 09/15/17 93150 ...... Philips Healthcare (Workers) ...... Highland Heights, OH ...... 09/18/17 09/15/17 93151 ...... Thomson Reuters (State/One-Stop) ...... Boston, MA ...... 09/18/17 09/18/17 93152 ...... ArcelorMittal USA (State/One-Stop) ...... Riverdale, IL ...... 09/19/17 09/19/17 93153 ...... IQOR (Jabil) (Workers) ...... Saint Petersburg, FL ...... 09/19/17 09/18/17 93154 ...... US Steel (State/One-Stop) ...... Granite City, IL ...... 09/19/17 09/19/17 93155 ...... California Steel (State/One-Stop) ...... Fontana, CA ...... 09/20/17 09/19/17 93156 ...... Charter Communications (State/One-Stop) ...... Palm Desert, CA ...... 09/20/17 09/11/17 93157 ...... Nucor Corporation (State/One-Stop) ...... Blytheville, AR ...... 09/20/17 09/20/17 93158 ...... Valpak (Workers) ...... St. Petersburg, FL ...... 09/20/17 09/19/17 93159 ...... Benny’s Inc. (Workers) ...... Esmond, RI ...... 09/21/17 09/20/17 93160 ...... EVRAZ—Rolling Facility (State/One-Stop) ...... Portland, OR ...... 09/21/17 09/20/17 93161 ...... ITT Aerospace Controls (Workers) ...... Perris, CA ...... 09/21/17 09/20/17 93162 ...... Lumentum LLC. (State/One-Stop) ...... Bloomfield, CT ...... 09/21/17 09/14/17 93163 ...... Johnson Controls International Plc. (Workers) ...... Milwaukee, WI ...... 09/22/17 09/21/17 93164 ...... LuLuLemon Lab (Workers) ...... New York, NY ...... 09/22/17 09/15/17 93165 ...... Rideout Health (State/One-Stop) ...... Marysville, CA ...... 09/22/17 09/14/17 93166 ...... Tyco (State/One-Stop) ...... Boca Raton, FL ...... 09/22/17 09/21/17

[FR Doc. 2017–21583 Filed 10–5–17; 8:45 am] DATES: The expansion of the scope of Curtis-Strauss, LLC (CSL) as a NRTL. BILLING CODE 4510–FN–P recognition becomes effective on CSL’s expansion covers the addition of October 6, 2017. one test standard to its scope of FOR FURTHER INFORMATION CONTACT: recognition. DEPARTMENT OF LABOR Information regarding this notice is OSHA recognition of a NRTL signifies available from the following sources: that the organization meets the Occupational Safety and Health Press inquiries: Contact Mr. Frank requirements specified by 29 CFR Administration Meilinger, Director, OSHA Office of 1910.7. Recognition is an Communications, U.S. Department of acknowledgment that the organization [Docket No. OSHA–2009–0026] Labor, telephone: (202) 693–1999; can perform independent safety testing email: [email protected]. and certification of the specific products Curtis-Strauss, LLC: Grant of General and technical information: covered within its scope of recognition Expansion of Recognition and Contact Mr. Kevin Robinson, Director, and is not a delegation or grant of Modification of NRTL Program’s List of Office of Technical Programs and government authority. As a result of Appropriate Test Standards Coordination Activities, Directorate of recognition, employers may use Technical Support and Emergency products properly approved by the AGENCY: Occupational Safety and Health Management, Occupational Safety and NRTL to meet OSHA standards that Administration (OSHA), Labor. Health Administration, U.S. Department require testing and certification of the ACTION: Notice. of Labor, telephone: (202) 693–2110; products. email: [email protected]. OSHA’s The Agency processes applications by SUMMARY: In this notice, OSHA Web page includes information about a NRTL for initial recognition, or for announces its final decision to expand the NRTL Program (see http:// expansion or renewal of this the scope of recognition for Curtis- www.osha.gov/dts/otpca/nrtl/ recognition, following requirements in Strauss, LLC., as a Nationally index.html). Appendix A to 29 CFR 1910.7. This Recognized Testing Laboratory (NRTL). SUPPLEMENTARY INFORMATION: appendix requires that the Agency Additionally, OSHA announces its final publish two notices in the Federal decision to add a new test standard to I. Notice of Final Decision Register in processing an application. In the NRTL Program’s List of Appropriate OSHA hereby gives notice of the the first notice, OSHA announces the Test Standards. expansion of the scope of recognition of application and provides its preliminary

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finding and, in the second notice, the OSHA did not perform any on-site all materials in the record concerning Agency provides its final decision on reviews in relation to this application. CSL’s recognition. OSHA published the preliminary the application. These notices set forth II. Final Decision and Order the NRTL’s scope of recognition or notice announcing CSL’s expansion modifications of that scope. OSHA application in the Federal Register on OSHA staff examined CSL’s maintains an informational Web page May 23, 2017 (82 FR 23611). The expansion application, its capability to for each NRTL that details its scope of Agency requested comments by June 7, meet the requirements of the test recognition. These pages are available 2017, but it received no comments in standards, and other pertinent from the Agency’s Web site at: http:// response to this notice. OSHA now is information. Based on its review of this www.osha.gov/dts/otpca/nrtl/ proceeding with this final notice to evidence, OSHA finds that CSL meets index.html. grant expansion of CSL’s scope of the requirements of 29 CFR 1910.7 for recognition. expansion of its recognition, subject to CSL submitted an application, dated To obtain or review copies of all the specified limitation and conditions April 7, 2016 (OSHA–2009–0026–0072), public documents pertaining to CSL’s listed below. OSHA, therefore, is to expand its recognition to include one application, go to: www.regulations.gov proceeding with this final notice to additional test standard, which would or contact the Docket Office, grant CSL’s scope of recognition. OSHA also be added to the NRTL Program’s Occupational Safety and Health limits the expansion of CSL’s List of Appropriate Test Standards. Administration, U.S. Department of recognition to testing and certification OSHA staff performed a detailed Labor, 200 Constitution Avenue NW., of products for demonstration of analysis of the application packet and Room N–3655, Washington, DC 20210. conformance to the test standard listed reviewed other pertinent information. Docket No. OSHA–2009–0026 contains in Table 1 below.

TABLE 1—APPROPRIATE TEST STANDARD FOR INCLUSION IN CSL’S NRTL SCOPE OF RECOGNITION

Test standard Test standard title

UL 61010–2–010 ...... Safety Requirements for Electrical Equipment for Measurement, Control and Laboratory Use—Part 2–010: Particular Requirements for Laboratory Equipment for the Heating of Materials.

Additionally, Table 2, below, lists the requires certification by a NRTL, (2) Based on this evaluation, OSHA finds test standard new to the NRTL verify the documents represent end that this is an appropriate test standard Program’s List of Appropriate Test products and not components, and (3) and has added this standard to the Standards. The Agency evaluated the verify the documents define safety test NRTL Program’s List of Appropriate standard to (1) verify it represents specifications (not installation or Test Standards. product categories for which OSHA operational performance specifications).

TABLE 2—TEST STANDARD OSHA IS ADDING TO THE NRTL PROGRAM’S LIST OF APPROPRIATE TEST STANDARDS

Test standard Test standard title

UL 61010–2–010 ...... Safety Requirements for Electrical Equipment for Measurement, Control and Laboratory Use—Part 2–010: Particular Requirements for Laboratory Equipment for the Heating of Materials.

OSHA’s recognition of any NRTL for standard or the ANSI version of that CSL’s scope of recognition, in all areas a particular test standard is limited to standard. Contact ANSI to determine for which it has recognition. equipment or materials for which OSHA whether a test standard is currently Pursuant to the authority in 29 CFR standards require third-party testing and ANSI-approved. 1910.7, OSHA hereby expands the scope certification before using them in the A. Conditions of recognition of CSL, subject to the workplace. Consequently, if a test limitation and conditions specified standard also covers any products for In addition to those conditions above. which OSHA does not require such already required by 29 CFR 1910.7, CSL testing and certification, a NRTL’s scope must abide by the following conditions Loren Sweatt, Deputy Assistant of recognition does not include these of recognition: Secretary of Labor for Occupational Safety and Health, 200 Constitution products. 1. CSL must inform OSHA as soon as The American National Standards Avenue NW., Washington, DC 20210, possible, in writing, of any change of Institute (ANSI) may approve the test ownership, facilities, or key personnel, authorized the preparation of this standard listed above as an American and of any major change in its notice. Accordingly, the Agency is National Standard. However, for operations as a NRTL, and provide issuing this notice pursuant to 29 U.S.C. convenience, we may use the details of the change(s); 657(g)(2), Secretary of Labor’s Order No. designation of the standards-developing 1–2012 (77 FR 3912, Jan. 25, 2012), and 2. CSL must meet all the terms of its organization for the standard as opposed 29 CFR 1910.7. to the ANSI designation. Under the recognition and comply with all OSHA NRTL Program’s policy (see OSHA policies pertaining to this recognition; Instruction CPL 1–0.3, Appendix C, and paragraph XIV), any NRTL recognized 3. CSL must continue to meet the for a particular test standard may use requirements for recognition, including either the proprietary version of the test all previously published conditions on

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Signed at Washington, DC, on October 2, FOR FURTHER INFORMATION CONTACT: Directorate (SBE) programs and 2017. Jonathan Leahy, Patent Attorney, Office activities. Loren Sweatt, of the Chief Counsel, NASA John F. Agenda Deputy Assistant Secretary of Labor for Kennedy Space Center, Mail Code CC– Occupational Safety and Health. A, Kennedy Space Center, FL 32899. • SBE Directorate and Division Updates [FR Doc. 2017–21603 Filed 10–5–17; 8:45 am] Telephone: 321–867–6553; Facsimile: • Graduate Training in the Behavioral BILLING CODE 4510–26–P 321–867–1817. and Social Sciences • SUPPLEMENTARY INFORMATION: This Social Science Surveys notice of intent to grant a partially- • SBE Strategic Planning/Grand NATIONAL AERONAUTICS AND exclusive patent license is issued in Challenges SPACE ADMINISTRATION accordance with 35 U.S.C. 209(e) and 37 • Science Communications CFR 404.7(a)(1)(i). The patent rights in • Meeting with NSF Leadership [Notice (17–073)] these inventions have been assigned to • Evidence-Based Policymaking • Notice of Intent To Grant Partially- the United States of America as Future Meetings, Assignments and Exclusive Term License represented by the Administrator of the Concluding Remarks National Aeronautics and Space Dated: October 3, 2017. AGENCY: National Aeronautics and Administration. The prospective Crystal Robinson, Space Administration. exclusive license will comply with the Committee Management Officer. ACTION: Notice of intent to grant requirements of 35 U.S.C. 209 and 37 [FR Doc. 2017–21553 Filed 10–5–17; 8:45 am] partially-exclusive term license. CFR 404.7. Information about other NASA BILLING CODE 7555–01–P SUMMARY: NASA hereby gives notice of inventions available for licensing can be its intent to grant a partially exclusive found online at http:// NATIONAL SCIENCE FOUNDATION term license in the United States to technology.nasa.gov. practice the invention described and Mark P. Dvorscak, Sunshine Act Meeting; National claimed in U.S. Patent No. 8,163,972 Science Board entitled, ‘‘Zero-Valent Metallic Agency Counsel for Intellectual Property. Treatment System and its Application [FR Doc. 2017–21517 Filed 10–5–17; 8:45 am] The National Science Board, pursuant for Removal and Remediation of BILLING CODE 7510–13–P to NSF regulations (45 CFR part 614), Polychlorinated Biphenyls (PCBs),’’ the National Science Foundation Act, as KSC–12878–2–CIP, to Marley amended (42 U.S.C. 1862n–5), and the Environmental, Inc., having its principal NATIONAL SCIENCE FOUNDATION Government in the Sunshine Act (5 place of business in Avon, CT. Marley U.S.C. 552b), hereby gives notice of the Environmental, Inc. has requested Advisory Committee for Social, scheduling of a teleconference for the exclusivity for all fields of use in a Behavioral and Economic Sciences; transaction of National Science Board limited geographic area. This area shall Notice of Meeting business, as follows: include EPA Region 1 (which includes In accordance with the Federal TIME AND DATE: Open meeting of the the states of Connecticut, Rhode Island, Advisory Committee Act (Pub. L. 92– Executive Committee of the National Massachusetts, Vermont, New 463, as amended), the National Science Science Board, to be held Tuesday, Hampshire, and Maine), New York, and Foundation (NSF) announces the October 10, 2017, from 2:00–3:00 p.m. New Jersey. following meeting: EDT. DATES: The prospective partially- Name and Committee Code: Advisory PLACE: This meeting will be held by exclusive license may be granted unless Committee for Social, Behavioral and teleconference at the National Science NASA receives written objections, Economic Sciences (#1171). Foundation, 2415 Eisenhower Ave., including evidence and argument, no Date and Time: Alexandria, VA 22314. later than October 23, 2017 that November 2, 2017; 9:00 a.m. to 5:00 STATUS: Open. establish that the grant of the license p.m. MATTERS TO BE CONSIDERED: Committee would not be consistent with the November 3, 2017; 8:30 a.m. to 1:00 Chair’s Opening Remarks; approval of requirements regarding the licensing of p.m. Executive Committee Minutes of July federally owned inventions as set forth Place: National Science Foundation, in the Bayh-Dole Act and implementing 17, 2017; approval of Addendum to the 2415 Eisenhower Avenue, Room Plenary Closed Minutes of the NSB regulations. Competing applications W2210/W2220, Alexandria, VA 22314. completed and received by NASA no Meeting of May 2017; discuss issues and Type of Meeting: Open. topics for an agenda of the NSB Meeting later than October 23, 2017 will also be Contact Person: Dr. Deborah Olster, scheduled for November 8–9, 2017. treated as objections to the grant of the Office of the Assistant Director, contemplated exclusive license. Directorate for Social, Behavioral and CONTACT PERSON FOR MORE INFORMATION: Objections submitted in response to this Economic Sciences, National Science Point of contact for this meeting is: notice will not be made available to the Foundation, 2415 Eisenhower Avenue, James Hamos, 2415 Eisenhower Ave., public for inspection and, to the extent Alexandria, VA 22314; Telephone: 703– Alexandria, VA 22314. Telephone: (703) permitted by law, will not be released 292–8700. 292–8000. You may find meeting under the Freedom of Information Act. Summary of Minutes: Posted on SBE information and updates (time, place, ADDRESSES: Objections relating to the advisory committee Web site at: https:// subject matter or status of meeting) at prospective license may be submitted to www.nsf.gov/sbe/advisory.jsp. http://www.nsf.gov/nsb/notices/. Patent Counsel, Office of the Chief Purpose of Meeting: To provide SUPPLEMENTARY INFORMATION: An audio Counsel, NASA John F. Kennedy Space advice and recommendations to the listening line will be available for the Center, Mail Code CC–A Kennedy Space National Science Foundation on major public. Members of the public must Center, FL 32899. Telephone: 321–867– goals and policies pertaining to Social, contact the Board Office to request the 2076; Facsimile: 321–867–1817. Behavioral and Economic Sciences number by sending an email to

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[email protected] at least 24 Major Research Equipment and 5. Evidence of research community hours prior to the teleconference. Facilities Construction (MREFC) support (list of reports, decadal surveys, Dated: October 3, 2017. Account. In November 2016, the other publications); 6. Rough order of magnitude TPC Ann Bushmiller, eligibility threshold for potential inclusion in the MREFC Account was (fully loaded, i.e. inclusive of indirect Senior Counsel to the National Science Board. lowered from approximately a $100 and/or Facility and Administration [FR Doc. 2017–21697 Filed 10–4–17; 11:15 am] million Total Project Cost (TPC), i.e., costs) with a percentage breakdown by BILLING CODE 7555–01–P total cost to NSF, depending on the the following major budget categories: directorate, to a fixed $70 million TPC. (1) Physical components including This adjustment was an initial step to structures, equipment, instrumentation, NATIONAL SCIENCE FOUNDATION support potential priorities in mid-scale and hardware; (2) other computational Request for Information (RFI)—Mid- science and infrastructure. resources, including software and Scale Research Infrastructure Objective: The purpose of this RFI is firmware; and (3) human capital; to assess the needs for mid-scale RI from 7. Concept of operations: anticipated AGENCY: National Science Foundation the US-based NSF science and duration and level of federal and non- (NSF). engineering community in order to federal support. ACTION: Request for Information (RFI). develop a strategy, in accordance with Who should respond: the AICA. The AICA requires NSF to Researchers, users, and leaders at U.S. SUMMARY: This Request for Information ‘‘evaluate the existing and future needs, based colleges and universities as well (RFI) is issued in response to the across all disciplines supported by the as non-profits who are well positioned American Innovation and Foundation, for mid-scale projects’’ and to advance and support a mid-scale Competitiveness Act (AICA). NSF seeks ‘‘develop a strategy to address the project throughout its lifecycle. information on existing and future needs.’’ This RFI focuses on mid-scale How should you respond: needs for mid-scale research research infrastructure projects with an To submit your concept, please use infrastructure projects from the US- this link: https:// anticipated NSF contribution of between _ based NSF science and engineering $20 million and $100 million towards www.surveymonkey.com/r/midscale community. The AICA requires NSF to construction and/or acquisition. This 2017 and complete the online ‘‘evaluate the existing and future needs, range is of primary interest to NSF as it questionnaire no later than December 8, across all disciplines supported by the will help us anticipate the potential 2017. Please use the email contact field Foundation, for mid-scale projects’’ and impact of lowering the MREFC provided to enable a courtesy copy of ‘‘develop a strategy to address the threshold as well as identifying your response to your Authorized needs.’’ The input will be used to assess promising projects that remain difficult Organizational Representative or the needs for mid-scale RI from the US- to address within program budgets due institutional leadership to ensure based NSF science and engineering to the comparatively large investment institutional awareness of your community in order to develop a needed in a relatively short period of submission. strategy, in accordance with the AICA. time. After the submission period ends, What We Will Do with the DATES: To be considered, submissions and the information is analyzed, NSF Information: All information submitted must be received no later than will summarize the high-level insights is subject to the Privacy Act. Summary December 8, 2017. drawn from this analysis for the science information would be presented in FOR FURTHER INFORMATION CONTACT: community and internal NSF use. aggregate form as part of the high-level [email protected]. Please note that funding for mid-scale RI analysis shared publicly. SUPPLEMENTARY INFORMATION: projects in this range of investment has Dated: October 3, 2017. Definitions: For the purposes of this not been identified; nor does this RFI Suzanne H. Plimpton, RFI, NSF defines Research imply an intent on the part of NSF to Reports Clearance Officer, National Science Infrastructure (RI) as any combination of issue a call for proposals. In addition, Foundation. facilities, equipment, instrumentation, responses to this RFI do not constitute [FR Doc. 2017–21608 Filed 10–5–17; 8:45 am] computational hardware and software, any commitment on behalf of the BILLING CODE 7555–01–P and the necessary human capital in submitters or their institutions to submit support of the same. This includes a proposal or carry out an RI project. upgrades to existing major research What We Are Looking For: NUCLEAR REGULATORY facilities. Mid-scale RI requires an Submissions should identify ideas for COMMISSION investment that falls between the mid-scale RI projects in the following [NRC–2016–0094] maximum award funded by NSF’s Major format: Research Instrumentation Program 1. Concept title and description. The Agreement State Program Policy (MRI; $4 million) and that of a major description should include the potential Statement multi-user research facility project ($100 for any inter-agency or international million or more), as defined in AICA. partnerships and contributions that are AGENCY: Nuclear Regulatory Background: Enabling Mid-scale part of the TPC; Commission. Research Infrastructure is one of NSF’s ACTION: Revision to policy statement. Ten Big Ideas. Given priorities in the 2. Point of contact (in case additional clarification is needed); current budget climate, NSF has been SUMMARY: The U.S. Nuclear Regulatory able to fund smaller mid-scale RI 3. Contact of your Authorized Commission (NRC) has revised and projects through its individual scientific Organizational Representative. Note, consolidated two policy statements on directorates. Instrumentation and this contact will receive a copy of the the NRC’s Agreement State Programs: equipment up to $4 million has been survey submission; The ‘‘Policy Statement on Adequacy routinely funded through the MRI 4. New, transformative science or and Compatibility of Agreement State program. Large-scale RI projects have scientific breakthroughs to be enabled Programs’’ and the ‘‘Statement of been successfully funded through the by project; Principles and Policy for the Agreement

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State Program.’’ The resulting single I. Background developed the revisions to the policy policy statement has been revised to add The ‘‘Policy Statement on Adequacy statements. The draft revisions to the that public health and safety includes and Compatibility of Agreement State two policy statements were provided to physical protection of agreement Programs’’ (62 FR 46517; September 3, the Commission on August 14, 2012 material 1 and to reflect comments 1997) presented the NRC’s policy for (SECY–12–0112, ‘‘Policy Statements on received from Agreement States, determining the adequacy and Agreement State Programs’’ (ADAMS individuals, and the Organization of compatibility of Agreement State Accession No. ML12110A183)). Agreement States (OAS). programs. The ‘‘Statement of Principles The Commission approved publication of the draft revisions to the DATES: This policy statement is effective and Policy for the Agreement State policy statements for public comment in on October 6, 2017. Program’’ (62 FR 46517; September 3, the revised SRM to SECY–12–0112, ADDRESSES: Please refer to Docket ID 1997) described the respective roles and responsibilities of the NRC and the dated May 28, 2013 (ADAMS Accession NRC–2016–0094 when contacting the No. ML13148A352). The NRC staff NRC about the availability of States in the administration of programs carried out under the 274b. State published the two proposed policy information regarding this document. 2 statements on June 3, 2013 (78 FR You may obtain publicly-available Agreement. The application of these two policy statements has significant 33122), for a 75-day comment period. information related to this document After receiving requests from the using any of the following methods: influence on the safety and security of agreement material and on the Organization of Agreement States (OAS) • Federal Rulemaking Web site: Go to regulation of the more than 20,000 and the State of Florida to extend the http://www.regulations.gov and search Agreement State and NRC materials public comment period, the NRC for Docket ID NRC–2016–0094. Address licensees, commonly referred to as extended the comment period to questions about NRC dockets to Carol National Materials Program (NMP) September 16, 2013 (78 FR 50118; Gallagher; telephone: 301–415–3463; licensees. August 16, 2013). The NRC held two email: [email protected]. For The NRC staff’s current efforts to public meetings (July 18 and August 6, technical questions, contact the update the Agreement State policy 2013) and a topical session during the individual listed in the FOR FURTHER statements began with the Commission’s OAS annual meeting in Reno, Nevada, INFORMATION CONTACT section of this direction provided in the staff on August 28, 2013. The NRC staff document. requirements memorandum (SRM) to specifically solicited comment on • NRC’s Agencywide Documents SECY–10–0105, ‘‘Final Rule: Limiting Compatibility Category B, and whether Access and Management System the Quantity of Byproduct Material in a or not the policy statements should (ADAMS): You may obtain publicly- Generally Licensed Device (RIN 3150– maintain the language from the 1997 available documents online in the AI33),’’ issued on December 2, 2010 ‘‘Policy Statement on Adequacy and ADAMS Public Documents collection at (ADAMS Accession No. ML103360262). Compatibility of Agreement State http://www.nrc.gov/reading-rm/ The Commission directed the NRC staff Programs’’ describing the adoption and adams.html. To begin the search, select to update the Commission’s ‘‘Policy number of compatible regulations. ‘‘ADAMS Public Documents’’ and then Statement on Adequacy and The NRC staff received 13 submissions from commenters select ‘‘Begin Web-based ADAMS Compatibility of Agreement State including Agreement States, industry Search.’’ For problems with ADAMS, Programs’’ and associated guidance organizations, and individuals. These please contact the NRC’s Public documents to include both safety and submissions contained 51 comments on Document Room (PDR) reference staff at source security considerations in the the policy statements in general and 45 1–800–397–4209, 301–415–4737, or by compatibility determination process. comments on Compatibility Category B. email to [email protected]. The Because Agreement State adequacy and The need for consistent application and ADAMS accession number for each compatibility are closely linked to the flexible implementation of the NRC’s document referenced in this document Integrated Materials Performance policies was the underlying theme (if that document is available in Evaluation Program (IMPEP),3 which is ADAMS) is provided the first time that expressed by the Agreement States in a key component of the Commission’s the written comments as well as during a document is referenced. The ‘‘Statement of Principles and Policy for Agreement State Program Policy the public meetings and the OAS topical the Agreement State Program,’’ both session. Some commenters provided Statement, in its entirety, is in the policy statements were revised attachment to this document. general remarks and addressed specific concurrently. Both policy statements sections of the policy statements. Some • NRC’s PDR: You may examine and were updated to add that public health commenters also expressed concern that purchase copies of public documents at and safety includes physical protection the inconsistent use of terms (e.g., the NRC’s PDR, Room O1–F21, One of agreement material. Two working material versus agreement material, White Flint North, 11555 Rockville groups, composed of NRC staff and enhanced security measures versus Pike, Rockville, Maryland 20852. Agreement State representatives, physical protection of agreement FOR FURTHER INFORMATION CONTACT: material, and relinquishing the NRC’s 2 Lance Rakovan, Office of Nuclear Section 274 of the AEA provides a statutory authority versus discontinuing the basis under which the NRC discontinues portions Material Safety and Safeguards, U.S. of its regulatory authority to license and regulate authority) could cause confusion. Nuclear Regulatory Commission, byproduct materials; source materials; and Regarding Compatibility Category B, the Washington, DC 20555–0001; telephone: quantities of special nuclear materials under critical comments show a wide variation on the 301–415–2589, email: Lance.Rakovan@ mass. The mechanism for the transfer of the NRC’s interpretation of the definition of authority to a State is an agreement signed by the nrc.gov. Governor of the State and the Chairman of the Compatibility Category B. The NRC staff considered the written comments, input SUPPLEMENTARY INFORMATION: Commission, in accordance with Subsection 274b. of the AEA. from attendees at the two public 3 The NRC, in cooperation with the Agreement meetings, and comments received at the 1 The term ‘‘agreement material’’ means the States, developed the IMPEP to evaluate the materials listed in Subsection 274b. of the Atomic adequacy and compatibility of Agreement State OAS topical session and made Energy Act of 1954, as amended (AEA), over which programs and the adequacy of the NRC’s nuclear modifications to the policy statements the States may receive regulatory authority. materials program activities. to ensure terms are used appropriately.

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The NRC staff’s disposition of these terms ‘‘shall,’’ ‘‘will,’’ or ‘‘must’’ versus representatives developed revisions to comments was presented in a comment ‘‘should;’’ the addition of ‘‘significant’’ these two policy statements. In resolution table (ADAMS Accession No. to ‘‘cross jurisdictional;’’ and deletion of COMSECY–14–0028, the NRC staff ML14073A549) associated with the June the section on the Principles of Good proposed a plan to consolidate the two 3, 2013, Federal Register notice (78 FR Regulation. Commenters provided policy statements into a single policy 33122). additional comments that did not fall statement, while preserving the work In COMSECY–14–0028, ‘‘Agreement within those categories as well as already completed by the two working State Program Policy Statements: comments that were out of scope of the groups to update the separate policy Update on Recent Activities and Agreement State Program Policy statements. One of the factors leading to Recommendations for Path Forward,’’ Statement. The NRC staff’s disposition the recommendation for a single policy dated July 14, 2014 (ADAMS Accession of the 162 comments is presented in a statement was the identification, by the No. ML14156A277), the NRC staff comment resolution table (ADAMS NRC, of redundant language between proposed consolidating the two policy Accession No. ML17044A406). The the two policy statements. The statements in a single policy statement. following sections summarize the Commission approved this plan in the The Commission approved this plan in comments organized in the categories SRM to COMSECY–14–0028. The NRC the SRM to COMSECY–14–0028, dated previously noted, and include the NRC’s staff consolidated the two Agreement August 12, 2014 (ADAMS Accession response to the comments. State Program policy statements into a No. ML14224A618). Accordingly, the single policy statement and removed the A. Consolidation of Two Policy NRC staff developed a proposed single IMPEP and Principles of Good Statements and the NRC’s Unilateral consolidated policy statement that: Regulation details and redundancies. In Decision To Consolidate Identified and eliminated redundant 2014, the NRC staff provided the draft language between the two policy Comment: Some commenters opposed consolidated policy statement to statements, removed detailed the consolidation of the two policy Agreement States. Some expressed information on IMPEP and the statements—the ‘‘Policy Statement on dissatisfaction over not being more ‘‘Principles of Good Regulation’’ Adequacy and Compatibility of engaged in the decision and process (ADAMS Accession No. ML15083A026), Agreement State Programs’’ and the used to propose consolidation of the added context to make the proposed ‘‘Statement of Principles and Policy for policy statements. The content revisions policy statement clearer and more the Agreement State Program’’—into a that were developed by the two NRC/ consistent with other recent NRC policy single consolidated policy statement Agreement State working groups during statements, and added a description of citing the following reasons: (1) The their work on the two separate policy the NMP. statements address unique topics statements were considered during the The Commission approved (operational goals of a regulatory development of the consolidated policy publication of the proposed program vs. review of a regulatory statement. Additionally, the final consolidated Agreement State Program program); (2) the splitting up and Agreement State Program Policy Policy Statement for public comment in redistribution of the two policy Statement reflects comments received the SRM to SECY–15–0087, dated statements’ sections result in changes in from the Agreement States subsequent March 22, 2016 (ADAMS Accession No. the emphasis and relationship of both to the consolidation of the two policy ML16082A514). The NRC staff policy statements, both within each statements. published the proposed Agreement policy, and to each other; and (3) there State Program Policy Statement on June are only five sentences that are common B. Definition and Description of 2, 2016 (81 FR 35388), for a 75-day to both policy statements, which is not Adequacy and Compatibility public comment period. The NRC staff indicative of a great amount of Comment: Several commenters also held two public webinars during redundancy. Multiple commenters requested that adequacy and the comment period. The NRC staff believed that the NRC made a unilateral compatibility be better defined received 31 comments from commenters decision to combine the two policy throughout the Agreement State including Agreement States and the statements into a single consolidated Program Policy Statement and that a OAS. policy statement without input from the greater emphasis be placed on public The final policy statement is included Agreement State working group health and safety. in its entirety in the attachment to this members who worked on the individual Response: Corresponding changes document. policies. One commenter stated an were implemented throughout the expectation for the NRC to involve II. Overview of Public Comments Agreement State Program Policy Agreement State working group Statement, as appropriate, for The 31 comments received in members in all aspects of working group consistency with the intent of the AEA. response to the Federal Register notice projects to ensure that documents These include revisions in Section C., of June 2, 2016 (81 FR 35388), were adequately address issues of the ‘‘Statement of Legislative Intent,’’ of the considered in developing the final Agreement States as well as the NRC. policy statement. policy statement along with 131 Four commenters stated that unilateral comments that were received from the action by the NRC damages trust and the C. Use of ‘‘NRC’’ and ‘‘Commission’’ Agreement States when the policy relationship between the NRC and the Comment: Several commenters statements were consolidated. The Agreement States. Three of the five recommended replacing ‘‘NRC’’ with comments generally fell within the commenters cited NRC Management ‘‘Commission’’ or vice versa in various following categories: The consolidation Directive 5.3, ‘‘Agreement State sections throughout the policy of two policy statements and NRC’s Participation in Working Groups’’ statement. unilateral decision to consolidate; the (https://scp.nrc.gov/procedures.html) Response: The definition of definition and description of adequacy and noted that the combined policy was ‘‘Commission’’ was added as a footnote and compatibility; the use of ‘‘NRC’’ and not cooperatively developed. in the policy statement to mean the five ‘‘Commission;’’ the use of the terms Response: Two working groups Commissioners, and the ‘‘NRC’’ ‘‘relinquish’’ authority versus composed of NRC (headquarters and indicates the U.S. Nuclear Regulatory ‘‘discontinue’’ authority; the use of the regional) staff and Agreement State Commission as an agency.

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Corresponding changes were Response: The Principles of Good are mandatory for states seeking to implemented throughout the Agreement Regulation were initially adopted by the assume or maintain independent State Program Policy Statement. Commission in 1991 to serve as a guide regulatory authority under Section 274 to NRC decisionmaking and employee of the Atomic Energy Act of 1954, as D. Use of the Terms ‘‘relinquish’’ conduct. In 1997, they were included in amended. These information collections Authority Versus ‘‘discontinue’’ the ‘‘Policy Statement on Adequacy and were approved by the Office of Authority Compatibility of Agreement State Management and Budget (OMB), under Comment: Several commenters stated Programs’’ and the ‘‘Statement of control number 3150–0183. The the use of the word ‘‘relinquish’’—in the Principles and Policy for the Agreement estimated annual burden for new context of the NRC’s regulatory State Program’’ and were recognized as Agreement State applications is 2,750 authority when entering into an part of a common culture that the NRC hours, to maintain Agreement State agreement—is not accurate and and Agreement States share as co- status is 7,600 hours, and to participate recommended changing ‘‘relinquish’’ to regulators. These principles have served in IMPEP reviews is 36 hours. Send ‘‘discontinue’’ throughout the policy as a foundation for good regulation in comments regarding this information statement so the wording is consistent the NMP and are included in the collection to the Information Services with Section 274b. of the AEA. Agreement State Program Policy Branch, U.S. Nuclear Regulatory Response: All instances of the word Statement to indicate their importance Commission, Washington, DC 20555– ‘‘relinquish’’ have either been deleted or and that they should continue to form 0001, or by email to replaced with the word ‘‘discontinue’’ the basic building blocks for good [email protected], and to throughout the Agreement State regulation in the NMP into the future. the Desk Officer, Office of Information Program Policy Statement. No change was made to the and Regulatory Affairs, NEOB–10202, Agreement State Program Policy (3150–0183) Office of Management and E. Use of the Terms ‘‘shall,’’ ‘‘will,’’ or Statement as a result of these comments. Budget, Washington, DC 20503. ‘‘must’’ Versus ‘‘should’’ H. Category Health and Safety Public Protection Notification Comment: Multiple commenters suggest that ‘‘shall,’’ ‘‘will,’’ or ‘‘must’’ Comment: A number of commenters The NRC may not conduct or sponsor, should replace ‘‘should’’ or vice versa in noted that Category Health and Safety and a person is not required to respond various sections throughout the (H&S) was removed from the policy to, a collection of information unless the Agreement State Program Policy statement and recommended that document requesting or requiring the Statement. Category H&S be included. collection displays a currently valid Response: Corresponding changes Response: In the proposed policy OMB control number. were implemented throughout the statement, Category H&S was removed Dated at Rockville, Maryland, this 2nd day Agreement State Program Policy from Section E.2. ‘‘Compatibility.’’ This of October 2017. Statement, as appropriate, for section of the policy describes the For the Nuclear Regulatory Commission. consistency with language used in program elements required for Annette L. Vietti-Cook, compatibility. Program elements Section 274b. of the AEA or other Secretary for the Commission. sections of the policy statement. required for H&S are not required for compatibility. Section E.1. ‘‘Adequacy’’ [FR Doc. 2017–21542 Filed 10–5–17; 8:45 am] F. Add ‘‘significant’’ to ‘‘cross of the proposed policy statement was BILLING CODE 7590–01–P jurisdictional’’ made implicit for Category H&S by indicating that an adequate program Comment: Several commenters NUCLEAR REGULATORY includes those program elements suggest that the term ‘‘significant’’ COMMISSION should be added before ‘‘cross necessary to maintain an acceptable level of protection of public health and jurisdictional’’ for Compatibility [NRC–2017–0001] Category B program elements. safety. Because Category H&S is one of Response: The NRC/Agreement State six categories (A, B, C, D, NRC, and Sunshine Act Meeting Notice working group for the revision of the H&S) that forms the basis for evaluating ‘‘Policy Statement on Adequacy and and classifying NRC program elements, DATES: Weeks of October 9, 16, 23, 30, Compatibility of Agreement State a corresponding edit was implemented November 6, 13, 2017. Programs’’ carefully considered the use in Section E.1. ‘‘Adequacy’’ of the PLACE: Commissioners’ Conference of the term ‘‘significant’’ and concluded policy statement. Room, 11555 Rockville Pike, Rockville, that the term was ambiguous and should III. Procedural Requirements Maryland. not be included as part of the STATUS: Public and Closed. description of Compatibility Category B. Congressional Review Act Statement The term ‘‘cross jurisdictional program This final Agreement State Program Week of October 9, 2017 elements’’ was chosen to make the Policy Statement is a rule as defined in There are no meetings scheduled for description of Compatibility Category B the Congressional Review Act (5 U.S.C. the week of October 9, 2017. concise and well-defined. No change 801–808). However, the Office of was made to the Agreement State Management and Budget has not found Week of October 16, 2017—Tentative Program Policy Statement as a result of it to be a major rule as defined in the There are no meetings scheduled for these comments. Congressional Review Act. the week of October 16, 2017. G. Deletion of Principles of Good Paperwork Reduction Act Statement Week of October 23, 2017—Tentative Regulation This Policy Statement contains Tuesday, October 24, 2017 Comment: A number of commenters voluntary guidance for information 10:00 a.m. Strategic Programmatic recommended the deletion of Section collections subject to the Paperwork Overview of the Operating Reactors D.1.i, ‘‘Principles of Good Regulation,’’ Reduction Act of 1995 (44 U.S.C. 3501 Business Line (Public) (Contact: of the policy statement. et seq.). These information collections Trent Wertz: 301–415–1568)

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This meeting will be webcast live at SECURITIES AND EXCHANGE Banking and Sovereign sectors.6 the Web address—http://www.nrc.gov/. COMMISSION Further, the proposed change would clarify ICC’s current view that certain Week of October 30, 2017—Tentative [Release No. 34–81797; File No. SR–ICC– 2017–012] GWWR and contagion stress scenarios There are no meetings scheduled for are extreme, but not plausible, and that the week of October 30, 2017. Self-Regulatory Organizations; ICE such scenarios would be reviewed for Clear Credit LLC; Order Approving informational purposes only.7 Week of November 6, 2017—Tentative Proposed Rule Change Relating to The proposed change would enhance ICC’s Liquidity Risk Management ICC’s guaranty fund sizing process by There are no meetings scheduled for Framework and ICC’s Stress Testing adding a new sensitivity analysis. This the week of November 6, 2017. Framework new analysis would contemplate the Week of November 13, 2017—Tentative default of three CP SNs and two non-CP October 2, 2017. SNs. This analysis would be in addition There are no meetings scheduled for I. Introduction to the current sizing approach, which the week of November 13, 2017. contemplates the default of two CP SNs On August 22, 2017, ICE Clear Credit and three non-CP SNs. While not * * * * * LLC (‘‘ICC’’) filed with the Securities immediately requiring the collection of and Exchange Commission The schedule for Commission additional resources, ICC stated that the (‘‘Commission’’), pursuant to section meetings is subject to change on short proposed change could provide a 19(b)(1) of the Securities Exchange Act notice. For more information or to verify potential remedy where deficiencies are of 1934 (‘‘Act’’) 1 and Rule 19b–4 the status of meetings, contact Denise identified in ICC’s current sizing thereunder,2 a proposed rule change McGovern at 301–415–0681 or via email methodology.8 at [email protected]. (SR–ICC–2017–012) to amend the ICC Liquidity Risk Management Framework ICC also proposes to add an interest * * * * * and the ICC Stress Testing Framework. rate sensitivity analysis in order to comply with CFTC Regulation 17 CFR The NRC Commission Meeting The proposed rule change was 39.36. The proposed interest rate Schedule can be found on the Internet published for comment in the Federal sensitivity analysis would shock the at: http://www.nrc.gov/public-involve/ Register on August 31, 2017.3 The Euro and USD interest rate curves up public-meetings/schedule.html. Commission received no comment letters regarding the proposed change. and down to see which scenario would * * * * * For the reasons discussed below, the lead to further erosion of ICC’s guaranty The NRC provides reasonable Commission is approving the proposed fund. ICC stated that this analysis would accommodation to individuals with rule change. have no impact on its guaranty fund disabilities where appropriate. If you sizing methodology.9 II. Description of the Proposed Rule need a reasonable accommodation to The proposed change also includes Change participate in these public meetings, or amendments to ICC’s approach to need this meeting notice or the In connection with clearing Single Specific Wrong-Way Risk (‘‘SWWR’’) transcript or other information from the Name (‘‘SN’’) credit default swaps P/L to expand the SWWR P/L to incorporate losses arising in connection public meetings in another format (e.g., (‘‘CDS’’) referencing ICC Clearing with defaulting CP specific exposures, braille, large print), please notify Participants (‘‘CPs’’), ICC has proposed and also adds a description of ICC’s Kimberly Meyer, NRC Disability changes to its Stress Testing Framework and Liquidity Risk Management current client stress testing practices. Program Manager, at 301–287–0739, by Framework, which ICC believes will ICC stated that these changes were videophone at 240–428–3217, or by enhance its stress testing and liquidity proposed for consistency with specific email at Kimberly.Meyer-Chambers@ stress testing practices. The proposed CFTC regulations.10 nrc.gov. Determinations on requests for rule change would expand the stress test III. Discussion and Commission reasonable accommodation will be scenarios that ICC considers to be Findings made on a case-by-case basis. extreme but plausible by incorporating * * * * * additional losses related to the expected Section 19(b)(2)(C) of the Act 11 directs the Commission to approve a Members of the public may request to loss given default of all names not proposed rule change of a self- receive this information electronically. explicitly assumed to enter a state of 4 regulatory organization if it finds that If you would like to be added to the default in a CP’s portfolio. The proposed change would similarly such proposed rule change is consistent distribution, please contact the Nuclear amend the stress scenarios described in with the requirements of the Act and the Regulatory Commission, Office of the ICC’s Liquidity Risk Management rules and regulations thereunder Secretary, Washington, DC 20555 (301– Framework, which ICC stated is applicable to such organization. 415–1969), or email necessary to ensure consistency across Section 17A(b)(3)(F) 12 of the Act [email protected] or its documents.5 The proposed change requires, inter alia, that the rules of a [email protected]. would also incorporate an enhanced clearing agency be designed to assure Dated: October 4, 2017. analysis of profits and losses (‘‘P/L’’) the safeguarding of securities and funds Denise L. McGovern, arising out of General Wrong-Way Risk which are in the custody or control of the clearing agency, or for which it is Policy Coordinator, Office of the Secretary. (‘‘GWWR’’) generated by SNs in the [FR Doc. 2017–21755 Filed 10–4–17; 4:15 pm] 1 15 U.S.C. 78s(b)(1). 6 Notice, 82 FR at 41455. BILLING CODE 7590–01–P 2 17 CFR 240.19b–4. 7 Id. 3 Securities Exchange Act Release No. 81486 8 Id. (August 25, 2017), 82 FR 41454 (August 31, 2017) 9 Id. (SR–ICC–2017–012) (‘‘Notice’’). 10 Id. 4 Notice, 82 FR at 41455. 11 15 U.S.C. 78s(b)(2)(C). 5 Notice, 82 FR at 41455–56. 12 15 U.S.C. 78q–1(b)(3)(F).

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responsible. Rule 17Ad–22(b)(3) 13 proposed rule change (SR–ICC–2017– change is available on the Exchange’s requires, inter alia, that a registered 012) be, and hereby is, approved.17 Web site at www.nyse.com, at the clearing agency acting as a central For the Commission by the Division of principal office of the Exchange, and at counterparty for security-based swaps Trading and Markets, pursuant to delegated the Commission’s Public Reference shall establish, implement, maintain, authority.18 Room. and enforce written policies and Eduardo A. Aleman, procedures reasonably designed to II. Self-Regulatory Organization’s Assistant Secretary. Statement of the Purpose of, and maintain sufficient financial resources [FR Doc. 2017–21540 Filed 10–5–17; 8:45 am] to withstand, at a minimum, a default Statutory Basis for, the Proposed Rule BILLING CODE 8011–01–P by the two participant families to which Change it has the largest exposures in extreme In its filing with the Commission, the but plausible market conditions, in its SECURITIES AND EXCHANGE self-regulatory organization included capacity as a central counterparty for COMMISSION statements concerning the purpose of, security-based swaps. and basis for, the proposed rule change The Commission finds that the [Release No. 34–81791; File No. SR–NYSE– and discussed any comments it received proposed rule change, which enhances 2017–50] on the proposed rule change. The text ICC’s Stress Testing Framework and Self-Regulatory Organizations; New of those statements may be examined at Liquidity Risk Management Framework, York Stock Exchange LLC; Notice of the places specified in Item IV below. 14 is consistent with section 17A of the Filing and Immediate Effectiveness of The Exchange has prepared summaries, 15 Act and Rule 17Ad–22 thereunder. As Proposed Rule Change To Amend Its set forth in sections A, B, and C below, noted above, in response to the clearing Price List To Permit Affiliated Member of the most significant parts of such of SN CDS referencing CPs, the Organizations That Are Supplemental statements. proposed change would expand the Liquidity Providers A. Self-Regulatory Organization’s range of stress tests that ICC considers Statement of the Purpose of, and the to be extreme but plausible. The October 2, 2017. Statutory Basis for, the Proposed Rule Commission has reviewed the Notice Pursuant to section 19(b)(1) 1 of the Change and ICC’s rules, policies, and Securities Exchange Act of 1934 (the procedures, and believes that the ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 1. Purpose expanded range of extreme but plausible notice is hereby given that, on The Exchange proposes to amend its scenarios, supplemented by the September 25, 2017, New York Stock Price List to permit affiliated member information that will be provided by Exchange LLC (‘‘NYSE’’ or the organizations that are SLPs on the certain additional GWWR and contagion ‘‘Exchange’’) filed with the Securities Exchange to obtain the most favorable stress scenarios considered to be and Exchange Commission (the rate when (1) at least one affiliate extreme but implausible, enhance ICC’s ‘‘Commission’’) the proposed rule satisfies the quoting requirements for processes for estimating the amount of change as described in Items I, II, and SLPs in assigned securities, and (2) the financial resources ICC should collect. III below, which Items have been combined SLPs’ aggregate volumes Additionally, while adoption of the prepared by the self-regulatory satisfy the adding liquidity volume sensitivity analyses described above organization. The Commission is requirements for SLP tiered and non- will not immediately require ICC to publishing this notice to solicit tiered rates. collect additional financial resources, it comments on the proposed rule change The proposed changes would be will provide ICC with additional risk from interested persons. applicable to all SLP transactions, management information. Further, ICC I. Self-Regulatory Organization’s regardless of price of the security. stated that at least in some cases, one of Statement of the Terms of Substance of The Exchange proposes to implement the newly added analyses could provide the Proposed Rule Change these changes to its Price List effective a potential remedy where deficiencies September 25, 2017. are identified in ICC’s current sizing The Exchange proposes to amend its methodology.16 Consequently, the Price List to permit affiliated member Proposed Rule Change Commission believes that the proposed organizations that are Supplemental SLPs are eligible for certain credits rule change is reasonably designed to Liquidity Providers (‘‘SLPs’’) on the when adding liquidity to the Exchange. ensure that ICC maintains sufficient Exchange to obtain the most favorable The amount of the credit is currently financial resources in accordance with rate when (1) at least one affiliate determined by the ‘‘tier’’ for which the the requirements of Rule 17Ad–22(b)(3) satisfies the quoting requirements for SLP qualifies, which is based on the and will thereby enhance ICC’s ability SLPs in assigned securities, and (2) the SLP’s level of quoting and ADV of to safeguard the securities and funds of combined SLPs’ aggregate volumes liquidity added by the SLP in assigned CPs in the event of participant defaults. satisfy the adding liquidity volume securities. As a result, the Commission finds that requirements for SLP tiered and non- Currently, SLP Tier 3 provides that the proposed change is consistent with tiered rates. The Exchange proposes to when adding liquidity to the NYSE in the requirements of section 17A of the implement the proposed changes on securities with a share price of $1.00 or Act and the relevant provisions of Rule September 25, 2017.4 The proposed rule more, an SLP is eligible for a credit of 17Ad–22. $0.0023 per share traded if the SLP (1) 17 In approving the proposed rule change, the meets the 10% average or more quoting IV. Conclusion Commission considered the proposal’s impact on efficiency, competition, and capital formation. 15 requirement in an assigned security It is therefore ordered pursuant to U.S.C. 78c(f). pursuant to Rule 107B and (2) adds section 19(b)(2) of the Act that the 18 17 CFR 200.30–3(a)(12). liquidity for all assigned SLP securities 1 15 U.S.C. 78s(b)(1). 13 17 CFR 240.17Ad–22(b)(3). 2 15 U.S.C. 78a. withdrew such filing on September 13, 2017, and 14 15 U.S.C. 78q–1. 3 17 CFR 240.19b–4. refiled the same day (SR–NYSE–2017–48). SR– 15 17 CFR 240.17Ad–22. 4 The Exchange originally filed to amend the NYSE–48 [sic] was subsequently withdrawn and 16 Notice, 82 FR at 41455. Price List on August 31, 2017 (SR–NYSE–2017–46), replaced by this filing.

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in the aggregate 5 of an ADV of more Non-Displayed Reserve Orders is In order to qualify as affiliates for than 0.20% of NYSE consolidated ADV $0.00105. purposes of obtaining the more (‘‘CADV’’),6 or with respect to an SLP SLP Tier 1 provides that an SLP favorable rate and aggregating the that is also a DMM and subject to Rule adding liquidity in securities with a per adding liquidity of an ADV volumes, 107B(i)(2)(a),7 more than 0.20% of share price of $1.00 or more is eligible one or both member organizations that NYSE CADV after a discount of the for a per share credit of $0.0029 if the are SLPs would be required to follow percentage for the prior quarter of NYSE SLP: (1) Meets the 10% average or more the procedures set forth in the Price List CADV in DMM assigned securities as of quoting requirement in an assigned for requesting that the Exchange the last business day of the prior month. security pursuant to Rule 107B; and (2) aggregate its eligible activity with the The SLP Tier 3 credit in the case of adds liquidity for all for assigned SLP eligible activity of its affiliates.10 Non-Displayed Reserve Orders is securities in the aggregate of an ADV of For example, assume a member $0.0006. more than 0.90% of NYSE CADV, or organization with a SLP (SLP1) is SLP Tier 2 provides that an SLP with respect to an SLP that is also a affiliated with another member adding liquidity in securities with a per DMM and subject to Rule 107B(i)(2)(a), organization that also has a SLP (SLP2). share price of $1.00 or more is eligible more than 0.90% after a discount of the If the adding liquidity for all for for a per share credit of $0.0026 if the percentage for the prior quarter of NYSE assigned SLP securities is 0.40% of SLP: (1) Meets the 10% average or more CADV in DMM assigned securities as of NYSE CADV for SLP1 in the billing quoting requirement in an assigned the last business day of the prior month. month and 0.10% of NYSE CADV for security pursuant to Rule 107B; and (2) The SLP Tier 1 credit in the case of SLP2, the combined adding liquidity for adds liquidity for all assigned SLP Non-Displayed Reserve Orders is SLP1 and SLP2 would be 0.50% of securities in the aggregate of an ADV of $0.0012. NYSE CADV, and both SLP1 and SLP2 more than 0.45% of NYSE CADV, or would meet the 0.45% NYSE CADV Finally, a SLP adding liquidity in with respect to an SLP that is also a adding requirement. If in that same DMM and subject to Rule 107B(i)(2)(a), securities with a per share price of less billing month, SLP1 has 8.0% quoting more than 0.45% of NYSE CADV after than $1.00 is eligible for a per share in SLP symbol XYZ and SLP2 has a discount of the percentage for the credit of $0.0005 if the SLP: (1) Meets 12.0% quoting in that same symbol prior quarter of NYSE CADV in DMM the 10% average or more quoting XYZ, both SLP1 and SLP2 would assigned securities as of the last requirement in an assigned security qualify for the SLP Tier 2 credit of business day of the prior month.8 The pursuant to Rule 107B; and (2) adds $0.0026 in symbol XYZ, by way of SLP Tier 2 credit in the case of Non- liquidity for all for assigned SLP SLP2’s 12.0% quoting and the combined Displayed Reserve Orders is $0.0009. securities in the aggregate of an ADV of adding liquidity of SLP1 and SLP 2 of SLP Tier 1A provides that an SLP more than 0.22% of NYSE CADV in the 0.50% of NYSE CADV. If SLP2 did not adding liquidity in securities with a per applicable month. quote in symbol XYZ at least 10%, then share price of $1.00 or more is eligible The Exchange proposes to amend the SLP1 would not qualify for the SLP Tier for a per share credit of $0.00275 if the Price List to permit affiliated member 2 credit due to their 8.0% quoting being SLP: (1) Meets the 10% average or more organizations that are SLPs to obtain the short of the 10% requirement, and then quoting requirement in an assigned most favorable rate when (1) at least one SLP1 and SLP2 would instead receive security pursuant to Rule 107B; and (2) affiliate satisfies the quoting the applicable non-Tier Adding Credit, adds liquidity for all for assigned SLP requirements for SLPs in assigned Tier 3 Adding Credit, Tier 2 Adding securities in the aggregate of an ADV of securities, and (2) the combined SLPs’ Credit or Tier 1 Adding Credit. more than 0.60% of NYSE CADV, or aggregate volumes satisfy the adding The proposed changes are not with respect to an SLP that is also a liquidity volume requirements for SLP otherwise intended to address any other DMM and subject to Rule 107B(i)(2)(a), tiered (i.e., SLP Tier 1, SLP Tier 1A, SLP issues, and the Exchange is not aware of more than 0.60% after a discount of the Tier 2 and SLP Tier 3) and non-tiered any problems that member percentage for the prior quarter of NYSE rates. organizations would have in complying CADV in DMM assigned securities as of To effect this change, for each of the with the proposed change. the last business day of the prior month. SLP tiered and non-tiered rates, the 2. Statutory Basis The SLP Tier 1A credit in the case of Exchange proposes to: (i) Replace the phrase ‘‘Credit per share—per The Exchange believes that the 5 Under Rule 107B, an SLP can be either a transaction—for SLPs’’ with the phrase proposed rule change is consistent with 11 proprietary trading unit of a member organization ‘‘Credit per share—per transaction for section 6(b) of the Act, in general, and (‘‘SLP-Prop’’) or a registered market maker at the affiliated SLPs;’’ (ii) add a footnote that furthers the objectives of sections 6(b)(4) Exchange (‘‘SLMM’’). For purposes of the 10% and (5) of the Act,12 in particular, average or more quoting requirement in assigned provides that affiliated member securities pursuant to Rule 107B, quotes of an SLP- organizations that are SLPs would be because it provides for the equitable Prop and an SLMM of the same member eligible for the most favorable rate for allocation of reasonable dues, fees, and organization are not aggregated. However, for any such security traded in an purposes of adding liquidity for assigned SLP 10 For purposes of applying any provision of the securities in the aggregate, shares of both an SLP- applicable month provided that one or Exchange’s Price List where the charge assessed, or Prop and an SLMM of the same member both affiliated member organizations credit provided, by the Exchange depends on the organization are included. request and are approved for aggregation volume of a member organization’s activity, a 6 NYSE CADV is defined in the Price List as the of eligible activity pursuant to the member organization may request that the Exchange consolidated average daily volume of NYSE-listed aggregate its eligible activity with activity of such securities. requirements set forth in the Price List; member organization’s affiliates. A member 7 Rule 107B(i)(2)(A) prohibits a DMM from acting (iii) replace the phrase ‘‘the SLP,’’ with organization requesting aggregation of eligible as a SLP in the same securities in which it is a the phrase ‘‘an SLP;’’ and (iv) add the affiliate activity is required to (1) certify to the DMM. phrase ‘‘or an affiliated’’ before the term Exchange the affiliate status of member 8 organizations whose activity it seeks to aggregate In determining whether an SLP meets the ‘‘member organization.’’ 9 requirement to add liquidity in the aggregate of an prior to receiving approval for aggregation, and (2) ADV of more than 0.20% depending on whether the inform the Exchange immediately of any event that SLP is also a DMM, the SLP may include shares of 9 The Exchange also proposes to add a hyphen causes an entity to cease being an affiliate. both an SLP-Prop and an SLMM of the same between ‘‘SLP’’ and ‘‘Prop’’ following ‘‘quotes of 11 15 U.S.C. 78f(b). member organization. an’’ in the SLP Tier 2 fee. 12 15 U.S.C. 78f(b)(4) & (5).

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other charges among its members, statement regarding the burden on III. Date of Effectiveness of the issuers and other persons using its competition. Proposed Rule Change and Timing for facilities and does not unfairly For the foregoing reasons, the Commission Action discriminate between customers, Exchange believes that the proposal is The foregoing rule change is effective issuers, brokers or dealers and is consistent with the Act. upon filing pursuant to section designed to prevent fraudulent and 15 B. Self-Regulatory Organization’s 19(b)(3)(A) of the Act and manipulative acts and practices, to 16 Statement on Burden on Competition subparagraph (f)(2) of Rule 19b–4 promote just and equitable principles of thereunder, because it establishes a due, trade, to foster cooperation and In accordance with section 6(b)(8) of fee, or other charge imposed by the coordination with persons engaged in the Act,14 the Exchange believes that the Exchange. facilitating transactions in securities, to proposed rule change would not impose At any time within 60 days of the remove impediments to, and perfect the any burden on competition that is not filing of such proposed rule change, the mechanism of, a free and open market necessary or appropriate in furtherance Commission summarily may and a national market system and, in of the purposes of the Act. Instead, the temporarily suspend such rule change if general, to protect investors and the proposed rule change is designed to it appears to the Commission that such public interest. encourage the submission of additional action is necessary or appropriate in the The Exchange believes that the liquidity to a public exchange, thereby public interest, for the protection of proposed rule change is reasonable promoting price discovery and investors, or otherwise in furtherance of because the SLP credit rates, established transparency and enhancing order the purposes of the Act. If the in previous rule filings, would remain execution opportunities for member Commission takes such action, the the same.13 The Exchange further organizations. The Exchange believes Commission shall institute proceedings believes that the proposed rule change that this could promote competition under section 19(b)(2)(B) 17 of the Act to is equitable because it establishes a between the Exchange and other determine whether the proposed rule manner for the Exchange to treat execution venues, including those that change should be approved or affiliated member organizations that are currently offer comparable transaction disapproved. approved as SLPs for purposes of pricing, by encouraging additional IV. Solicitation of Comments assessing charges or credits that are orders to be sent to the Exchange for based on volume. The provision is also execution. Interested persons are invited to equitable because all member Finally, the Exchange notes that it submit written data, views, and organizations seeking to aggregate their operates in a highly competitive market arguments concerning the foregoing, activity are subject to the same in which market participants can including whether the proposed rule parameters, in accordance with readily favor competing venues if they change is consistent with the Act. established procedures set forth on the deem fee levels at a particular venue to Comments may be submitted by any of Price List regarding aggregation across be excessive or rebate opportunities the following methods: affiliated member organizations. available at other venues to be more Electronic Comments The Exchange further believes that the favorable. In such an environment, the • Use the Commission’s Internet proposal is not unfairly discriminatory Exchange must continually adjust its comment form (http://www.sec.gov/ because it would serve to reduce fees and rebates to remain competitive disparity of treatment between member rules/sro.shtml); or with other exchanges and with • Send an email to rule-comments@ organizations with regard to the pricing alternative trading systems that have of different services and reduce any sec.gov. Please include File Number SR– been exempted from compliance with NYSE–2017–50 on the subject line. potential for confusion on how SLP the statutory standards applicable to activity can be aggregated. The exchanges. Because competitors are free Paper Comments Exchange believes that the proposed to modify their own fees and credits in • Send paper comments in triplicate rule change avoids disparate treatment response, and because market to Secretary, Securities and Exchange of member organizations that have participants may readily adjust their Commission, 100 F Street NE., divided their various business activities order routing practices, the Exchange Washington, DC 20549–1090. between separate corporate entities as believes that the degree to which fee compared to member organizations that All submissions should refer to File changes in this market may impose any Number SR–NYSE–2017–50. This file operate those business activities within burden on competition is extremely a single corporate entity. The Exchange number should be included on the limited. As a result of all of these subject line if email is used. To help the further believes that the proposed rule considerations, the Exchange does not change is designed to remove Commission process and review your believe that the proposed changes will comments more efficiently, please use impediments to and perfect the impair the ability of member mechanism of a free and open market only one method. The Commission will organizations or competing order post all comments on the Commission’s because it aligns how affiliated member execution venues to maintain their organizations that are approved as SLPs Internet Web site (http://www.sec.gov/ competitive standing in the financial rules/sro.shtml). Copies of the may aggregate volume in the same markets. manner that affiliated member submission, all subsequent organizations currently aggregate non- C. Self-Regulatory Organization’s amendments, all written statements SLP trading volume. Statement on Comments on the with respect to the proposed rule The Exchange believes that it is Proposed Rule Change Received From change that are filed with the subject to significant competitive forces, Members, Participants, or Others Commission, and all written as described below in the Exchange’s communications relating to the No written comments were solicited proposed rule change between the or received with respect to the proposed 13 See, e.g., Securities Exchange Act Release No. rule change. 77604 (April 13, 2016), 81 FR 23043 (April 19, 15 15 U.S.C. 78s(b)(3)(A). 2016) (SR–NYSE–2016–29), for the most recent 16 17 CFR 240.19b–4(f)(2). pricing changes applicable to SLPs. 14 15 U.S.C. 78f(b)(8). 17 15 U.S.C. 78s(b)(2)(B).

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Commission and any person, other than I. Self-Regulatory Organization’s A. Self-Regulatory Organization’s those that may be withheld from the Statement of the Terms of Substance of Statement of the Purpose of, and public in accordance with the the Proposed Rule Change Statutory Basis for, the Proposed Rule provisions of 5 U.S.C. 552, will be Change The Exchange proposes a rule change available for Web site viewing and 1. Purpose printing in the Commission’s Public (the ‘‘Proposed Rule Change’’) in The Exchange was recently acquired Reference Room, 100 F Street NE., connection with the proposed merger by Nasdaq, Inc. (‘‘HoldCo’’).3 Following Washington, DC 20549 on official (the ‘‘Merger’’) with a newly-formed Delaware limited liability company the acquisition, the Exchange has business days between the hours of continued to operate as a separate self- 10:00 a.m. and 3:00 p.m. Copies of the under the Exchange’s ultimate parent, Nasdaq, Inc., resulting in the Exchange regulatory organization (‘‘SRO’’) and filing also will be available for continues to have separate rules, inspection and copying at the principal as the surviving entity. Following the Merger, the Exchange’s board and membership rosters, and listings, office of the Exchange. All comments distinct from the rules, membership committee structure, and all related received will be posted without change; rosters, and listings of the Nasdaq corporate governance processes, will be the Commission does not edit personal Exchanges as well as from ISE and identifying information from harmonized with that of the three other GEMX. The Exchange now proposes to submissions. You should submit only registered national securities exchanges harmonize the corporate governance information that you wish to make and self-regulatory organizations owned framework of the Exchange with that of available publicly. All submissions by Nasdaq, Inc., namely: The NASDAQ the Nasdaq Exchanges, and submits this should refer to File Number SR–NYSE– Stock Market LLC (‘‘NSM’’), NASDAQ Proposed Rule Change to seek the 2017–50 and should be submitted on or PHLX LLC (‘‘Phlx’’), and NASDAQ BX, Commission’s approval of various before October 27, 2017. Inc. (‘‘BX’’ and together with NSM and changes to the Exchange’s Phlx, the ‘‘Nasdaq Exchanges’’). organizational documents and Rules For the Commission, by the Division of In connection with the Merger and as that are necessary in connection with Trading and Markets, pursuant to delegated the Merger, as described below. authority.18 discussed more fully below, the Exchange proposes to adopt new The proposed changes consist of: (1) Eduardo A. Aleman, Deleting the Exchange’s current Limited organizational documents that set forth Liability Company Agreement (the Assistant Secretary. a corporate governance framework and ‘‘Current LLC Agreement’’) in its [FR Doc. 2017–21535 Filed 10–5–17; 8:45 am] related processes that are substantially BILLING CODE 8011–01–P entirety and replacing it with a new similar in all material respects to those limited liability company agreement of the Nasdaq Exchanges. (the ‘‘LLC Agreement’’) that is based on SECURITIES AND EXCHANGE The Exchange intends to implement the limited liability company agreement COMMISSION the Proposed Rule Change no later than of NSM, (2) deleting the Exchange’s by the end of Q4 2017. The Exchange current Constitution (‘‘Current will alert its members in the form of a Constitution’’ and together with the [Release No. 34–81795; File No. SR–MRX– Current LLC Agreement, the ‘‘Current 2017–18] Regulatory Alert to provide notification of the implementation date. Governing Documents’’) in its entirety and replacing it with a new set of by- Self-Regulatory Organizations; Nasdaq The text of the proposed rule change laws (the ‘‘Bylaws’’ and together with MRX, LLC; Notice of Filing of Proposed is available on the Exchange’s Web site the LLC Agreement, the ‘‘New Rule Change To Adopt New Corporate at www.ise.com, at the principal office Governing Documents’’) that is based on Governance and Related Process of the Exchange, and at the the by-laws of NSM, and (3) making Similar to Those of the Nasdaq Commission’s Public Reference Room. minor clarifying changes to its rules, as Exchanges 4 II. Self-Regulatory Organization’s discussed below. All of the proposed changes are October 2, 2017. Statement of the Purpose of, and designed to align the Exchange’s Pursuant to Section 19(b)(1) of the Statutory Basis for, the Proposed Rule corporate governance framework to the Securities Exchange Act of 1934 (the Change existing structure at the Nasdaq 1 2 ‘‘Act’’), and Rule 19b–4 thereunder, In its filing with the Commission, the Exchanges, particularly as it relates to notice is hereby given that on Exchange included statements September 19, 2017, Nasdaq MRX, LLC 3 On June 30, 2016, HoldCo acquired all of the concerning the purpose of and basis for capital stock of U.S. Exchange Holdings, Inc., the (‘‘MRX’’ or ‘‘Exchange’’) filed with the the proposed rule change and discussed Exchange’s indirect parent company (the Securities and Exchange Commission any comments it received on the ‘‘Acquisition’’). As a result, the Exchange, in (‘‘SEC’’ or ‘‘Commission’’) the proposed addition to its affiliates Nasdaq ISE, LLC (‘‘ISE’’) proposed rule change. The text of these and Nasdaq GEMX, LLC (‘‘GEMX’’), became a rule change as described in Items I, II, statements may be examined at the wholly-owned subsidiary of HoldCo, and also and III below, which Items have been places specified in Item IV below. The became an affiliate of NSM, Phlx, and BX through prepared by the Exchange. The Exchange has prepared summaries, set common, ultimate ownership by HoldCo. HoldCo is Commission is publishing this notice to the ultimate parent of the Exchange. See Securities forth in sections A, B, and C below, of Exchange Act Release No. 78119 (June 21, 2016), 81 solicit comments on the proposed rule the most significant aspects of such FR 41611 (June 27, 2016) (SR–ISEMercury-2016– change from interested persons. statements. 10). 4 The Exchange’s affiliates, ISE and GEMX, have submitted nearly identical proposed rule changes. See Securities Exchange Release No. 81263 (July 31, 2017), 82 FR 36497 (August 4, 2017) (SR–ISE–2017– 32) (ISE Approval Order) and Securities Exchange 18 17 CFR 200.30–3(a)(12). Release No. 81422 (August 17, 2017), 82 FR 40026 1 15 U.S.C. 78s(b)(1). (August 23, 2017) (SR–GEMX–2017–37) (GEMX 2 17 CFR 240.19b–4. Notice of Filing).

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board and committee structure, approvals prior to filing the certificate of Sections 3 and 4 of the LLC nomination and election processes, and merger with the DE Secretary of State. Agreement, titled ‘‘Registered Office’’ related governance practices.5 The Following the Merger, the Exchange and ‘‘Registered Agent,’’ specifies the Exchange is not proposing any proposes to be governed by the New place of the Exchange’s registered office amendments to its ownership structure Governing Documents in accordance and the entity acting as its registered and International Securities Exchange with the LLC Act. The specific changes agent, which is the same place and Holdings, Inc. (‘‘ISE Holdings’’) will effected by the New Governing entity used by the Nasdaq Exchanges.10 remain as the Exchange’s sole limited Documents to the current documents are The Exchange proposes to replace its liability company member (‘‘Sole LLC discussed in the following sections. current registered office and agent set Member’’) and owner of 100% of the forth in Section 1.5 of the Current LLC B. Limited Liability Company Agreement with the registered office Exchange’s limited liability company Agreement interests. Furthermore, the Exchange is and agent used by the Nasdaq not proposing any amendments to its Following the Merger, the Exchange Exchanges for administrative efficiency. 6 trading rules at this time relating to the proposes to adopt the LLC Agreement, This change will not have any material Merger other than the minor clarifying which would replace the Current LLC substantive effect on the current 7 changes and technical amendments as Agreement. The proposed LLC operations or the governance of the noted below. Agreement reflects the expectation that Exchange. the Exchange will be operated with a Section 5 of the LLC Agreement, titled A. The Merger governance structure substantially ‘‘Sole LLC Member,’’ provides that the similar to that of the Nasdaq Exchanges, mailing address of the Sole LLC Member In order to effectuate the proposed and substantially mirrors the provisions is set forth on Schedule B of the LLC changes above, the Exchange proposes found in the NSM LLC Agreement other Agreement. As noted above, ISE to merge with a Delaware limited than as specifically noted herein.8 Holdings will remain as the Sole LLC liability company (‘‘NewCo’’), newly- Schedule B of the LLC Agreement Member of the Exchange. formed as a wholly-owned subsidiary of describes the proposed ownership of the Section 6 of the LLC Agreement, titled ISE Holdings, resulting in the Exchange Exchange’s limited liability company ‘‘Certificates,’’ refers to the filing of the as the surviving entity. Specifically, interests, which ownership structure is Certificate of Merger with respect to the pursuant to the Delaware Limited identical to that currently in place. ISE Merger. Such provision acknowledges Liability Company Act, as amended Holdings would remain as the Sole LLC and confirms that such filings, which from time to time (the ‘‘LLC Act’’), Member (and a member of the Exchange were necessary for the merger to be NewCo would be formed under ISE within the meaning of the LLC Act) and effected, were authorized by the Holdings upon filing a certificate of the sole owner of 100% of the limited Exchange. This Section additionally sets formation with the Secretary of State of liability company interests of the forth those person(s) who have the the State of Delaware (‘‘DE Secretary of Exchange. Except as specified below, authority to file any other certificates State’’). Subsequently, the Exchange the proposed changes do not affect the with the Delaware Secretary of State on would enter into an agreement and plan manner of the Exchange’s operations or behalf of the Exchange pursuant to the of merger with NewCo (the ‘‘Merger governance structure. LLC Act. This provision is purely Agreement’’), under which NewCo Section 1 of the LLC Agreement, titled administrative in nature and therefore would merge into the Exchange, with ‘‘Name,’’ specifies the name of the will have no material substantive effect the Exchange surviving the Merger. The surviving entity of the Merger as the on the current operations or the Merger Agreement contemplates that the name of the Exchange. Section 2 of the governance of the Exchange. merged limited liability company (i.e. LLC Agreement, titled ‘‘Principal Section 7 of the LLC Agreement, titled the Exchange) would have a new LLC Business Office,’’ provides for the ‘‘Purposes,’’ discusses the Exchange’s Agreement and new Bylaws, which principal business office of the business purpose, which provides that would be attached to the Merger Exchange and such other location as the Exchange may engage in any lawful Agreement. Then, a certificate of merger may hereafter be determined by the act or activity for which limited liability companies may be formed under the would be filed with the DE Secretary of Board.9 State, which will effectuate the Merger LLC Act and any and all activities at the time of filing. The new LLC 6 The proposed LLC Agreement was filed as part necessary or incidental to the foregoing. Agreement and the new Bylaws would of the Proposed Rule Change as Exhibit 5B. Without limiting these general powers, also become effective at the time of 7 The Current LLC Agreement was filed as part of proposed Section 7 also specifically filing the certificate of merger. Under the Proposed Rule Change as Exhibit 5A. provides that the Exchange’s business 8 See the Second Amended Limited Liability would include actions that support its the LLC Act, the Merger is subject to Company Agreement of The NASDAQ Stock Market approval by the Exchange Board and by LLC (the ‘‘NSM LLC Agreement’’). The Second regulatory responsibilities under the ISE Holdings as the Sole LLC Member. Amended Limited Liability Company Agreement of Act, including: (i) Supporting the The Exchange represents that it has NASDAQ PHLX LLC (the ‘‘Phlx LLC Agreement’’) operation, regulation, and surveillance is also based on and is substantially similar to the of the national securities exchange obtained or will obtain the necessary NSM LLC Agreement. BX is a Delaware corporation and is governed by a Certificate of Incorporation, operated by the Exchange, (ii) 5 The new LLC Agreement and Bylaws are based not an LLC Agreement. However, the board preventing fraudulent and manipulative in form and substance on The NASDAQ Stock structure is identical across the Nasdaq Exchanges acts and practices, promoting just and Market LLC’s Second Amended Limited Liability and therefore, BX’s Second Restated Certificate of equitable principles of trade, fostering Company Agreement (the ‘‘NSM LLC Agreement’’) Incorporation (the ‘‘BX COI’’) contains substantially cooperation and coordination with and By-Laws (the ‘‘NSM Bylaws’’). Additionally, similar governance provisions as the NSM LLC the majority of provisions in the organizational Agreement and Phlx LLC Agreement. documents of Phlx and BX were also based on those 9 In June 2017, the Exchange relocated its office Agreement, which includes the mailing address of of NSM with differences that relate mainly to from 60 Broad Street in New York to One Liberty the Exchange’s Sole LLC Member, also reflects the disciplinary processes (for Phlx) or to corporate Plaza in New York. Accordingly, Section 2 of the new One Liberty Plaza address instead of 60 Broad structure (for BX). Notwithstanding, the vast proposed LLC Agreement now reflects the new One as the Sole LLC Member’s mailing address. majority of the new governance framework and Liberty Plaza address as the principal business 10 See NSM LLC Agreement, Sections 3 and 4; processes proposed herein are materially identical office of the Exchange instead of the old 60 Broad Phlx LLC Agreement, Section 3; and BX COI, to those of all three Nasdaq Exchanges. address. Similarly, Schedule B of the proposed LLC Article Second.

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persons engaged in regulating, clearing, Directors may be increased or decreased least: (i) One must be elected by a settling, processing information with by the Sole LLC Member at any time in plurality of the holders of Primary respect to, and facilitating transactions its sole and absolute discretion, upon Market Maker (‘‘PMM’’) Exchange in securities, removing impediments to notice to all Directors, but no decrease Rights, (ii) one must be elected by a and perfecting the mechanisms of a free in the number of Directors shall shorten plurality of holders of Competitive and open market and a national market the term of any incumbent Member Market Maker (‘‘CMM’’) Exchange system, and, in general, protecting Representative Director. This language Rights, and (iii) one must be elected by investors and the public interest, (iii) mirrors Section 9(a) of the NSM LLC a plurality of holders of Electronic supporting the various elements of the Agreement. In addition, the exact Access Member (‘‘EAM’’) Exchange national market system pursuant to composition of the Board is subject to Rights; provided, however, that the Section 11A of the Act and the rules the requirements in the Bylaws relating number of each type of Exchange thereunder, (iv) fulfilling the Exchange’s to independence and fair representation Director will always be equal to one self-regulatory responsibilities as set of members, which are described in another.21 The Exchange adopted the forth in the Act, and (v) supporting such detail below. current board structure as it relates to other initiatives as the Board may deem Exchange Directors to comply with Fair Representation of Members appropriate. Section 7 mirrors the Section 6(b) of the Act, which provides Section 7 of the NSM LLC Agreement, The Exchange proposes in Section that the Exchange must, among other and is similar to the language in Section 9(a), similar to the Nasdaq Exchanges, things, assure fair representation of its 1.3 of the Current LLC Agreement of the that at least 20% of the Directors would members (here, the PMMs, CMMs, and Exchange. be Member Representative Directors.16 EAMs) in the selection of its directors Section 8 of the LLC Agreement, titled Member Representative Directors are and administration of its affairs (the ‘‘Powers,’’ discusses the general powers elected or appointed after having been ‘‘fair representation requirement’’).22 of the Exchange, the Board and the nominated by a Member Nominating Therefore, the Exchange believes that officers of the Exchange. Specifically, Committee 17 composed of the Exchange Directors serve the same the Exchange, the Board and the officers representatives of the Exchange function on the current Board as on behalf of the Exchange (i) shall have members or by Exchange members in ‘‘Member Representative Directors’’ on and exercise all powers necessary, the manner described in the proposed the boards of the Nasdaq Exchanges in convenient or incidental to accomplish Bylaws.18 Currently, there are six that the Exchange Directors give its purposes as set forth in Section 7 of directors on the Board who are officers, members a voice in the Exchange’s use the LLC Agreement and (ii) shall have directors or partners of Exchange of self-regulatory authority.23 The and exercise all of the powers and rights members, and are elected by a plurality Exchange further believes that the new conferred upon limited liability of the holders of Exchange Rights 19 (the Board structure will still provide for the companies formed pursuant to the LLC ‘‘Exchange Directors’’),20 of which at fair representation of its members Act. Section 8 is based on Section 8 of because the new structure is well- the NSM LLC Agreement, and is similar Agreement, Section 5.2 and Current Constitution, established as meeting the fair to the provisions in the Current LLC Section 3.2(a). representation requirement.24 Agreement and the Current Bylaws.11 16 See NSM LLC Agreement, Section 9; Phlx LLC Agreement, Section 8; BX Bylaws, Section 4.3. By adopting the new Board structure Section 9 of the LLC Agreement, titled ‘‘Member Representative Director’’ will be defined set forth in the New Governing ‘‘Management,’’ sets forth the proposed as a Director who has been elected or appointed Documents, the Exchange is proposing management structure of the Exchange. after having been nominated by the Member to replace the Exchange Director Section 9(a) pertains to the Board of the Nominating Committee or by an Exchange Member. A Member Representative Director may, but is not positions and all related concepts 25 Exchange and provides that the Board required to be, an officer, director, employee, or thereto, with Member Representative will manage the Exchange’s business agent of an Exchange Member. See proposed Bylaw Director positions and all related and affairs, similar to the provisions in Article I(r), which is based on NSM Bylaw Article concepts that will be further discussed Section 5.1 of the Current LLC I(q). 17 below. In particular, there are a number 12 See proposed Section 6(b) of Bylaw Article III. Agreement. By adopting new Section ‘‘Member Nominating Committee’’ will be defined 9(a), the Exchange proposes to mirror as the Member Nominating Committee appointed Constitution, but will be referred to herein as the board structure of the Nasdaq pursuant to the Bylaws. See proposed Bylaw Article ‘‘Exchange Directors.’’ Exchanges.13 The Exchange proposes to I(q), which is based on NSM Bylaw Article I(p). 21 See Current Constitution, Section 3.2(b). 18 Section 3.2(b) further requires that the Board be add language to indicate that the Sole The Commission has previously found that the requirement in the NSM LLC Agreement that 20% composed of at least 30% Exchange Directors. LLC Member may determine at any time of the directors shall be ‘‘Member Representative 22 See Section 6(b)(3) of the Act, 15 U.S.C. in its sole and absolute discretion the Directors’’ and the means by which they are elected 78f(b)(3). Upon granting the Exchange’s application number of Directors 14 to constitute the by the members provides for the fair representation for registration as a national securities exchange, Board.15 The authorized number of of members in the selection of directors and the Commission found that the board composition administration of NSM consistent with the requirements related to the Exchange Directors requirement in Section 6(b) of the Act. See satisfied the principles of fair representation as 11 See Current LLC Agreement, Sections 5.1 and Securities Exchange Act Release No. 53128 (Jan. 13, required by Section 6(b) of the Act. See Securities 5.7 and Current Constitution, Sections 3.1 and 4.1 2006), 71 FR 3550 (January 23, 2006) (Order Exchange Act Release No. 76998 (January 29, 2016), 12 See also Current Constitution, Section 3.1. Granting Registration as a National Securities 81 FR 6066 (February 4, 2016) (Order Granting 13 See NSM LLC Agreement, Section 9; Phlx LLC Exchange). Registration as a National Securities Exchange) Agreement, Section 8; and BX COI, Article Fifth. 19 See Rule 300 Series. ‘‘Exchange Rights’’ means (hereinafter, ‘‘MRX Approval Order’’). 14 ‘‘Director’’ will be defined as the persons the PMM Rights, CMM Rights and EAM Rights 23 Currently, the six Exchange Directors comprise elected or appointed to the board of directors from collectively. See Rule 100(a)(17). PMM Rights, 37.5% of the sixteen-member Board. time to time in accordance with the LLC Agreement CMM Rights and EAM Rights have the meaning set 24 See note 18 above. and the Bylaws, in their capacity as managers of the forth in Article VI of the Current LLC Agreement. 25 Related concepts include: ‘‘CMM Right,’’ Exchange. See proposed Bylaw Article I(j), which See Rules 100(a)(12), 100(a)(15) and 100(a)(36). See ‘‘Competitive Market Maker,’’ ‘‘EAM Right,’’ is based on NSM Bylaw Article I(i). also Current Constitution, Section 13.1(o). PMMs, ‘‘Electronic Access Member,’’ ‘‘Exchange Member 15 See proposed LLC Agreement, Section 9(a). In CMMs, and EAMs represent the three classes of Representative,’’ ‘‘Exchange Rights,’’ ‘‘Industry contrast, the Current Governing Documents have membership on the Exchange. See Current Directors’’ (defined herein as ‘‘Exchange specific limits on the size of the Board in that the Constitution, Sections 13.1(f), 13.1(j) and 13.1(z). Directors’’), ‘‘PMM Rights,’’ ‘‘Primary Market Exchange is required to have no less than eight and 20 These directors are defined as ‘‘Industry Maker,’’ and ‘‘Voting Rights.’’ See Current no more than sixteen directors. See Current LLC Directors’’ in Section 3.2(b)(i) of the Current Constitution, Section 13 for the definitions.

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of provisions related to the Exchange Exchange Rights holders that are not has the power to bind the Exchange and Rights set forth in the Current expressly set forth in the Rules. As such, delegate powers.31 As discussed in the Governing Documents that will not the holders of Exchange Rights will Bylaws section below, the Bylaws carry over into the New Governing continue to have the same trading proposed to be adopted by the Documents because they relate to the privileges they currently hold as PMMs, Exchange, the Sole LLC Member and the trading rights and privileges of the CMMs and EAMs under the Exchange Board in Section 9(c) of the LLC Exchange members.26 It should be noted Rules and the proposed Board structure Agreement will replace the Current that on MRX, the Exchange Rights do of the Exchange will not change any Constitution of the Exchange. not convey any ownership rights, and trading privileges. Virtually all of the The Meeting of the Board of Directors only provide for voting rights for proposed changes regarding the removal subsection contains standard Delaware representation on the Board (i.e., of Exchange Director positions and limited liability company provisions through the Exchange Directors) and related concepts from the Exchange’s governing regular and special meetings confers the ability to transact on the organizational documents are corporate of the board, and related notice Exchange.27 Because the Exchange in nature, and are intended simply to provisions. Similar language is found in Director positions will not be reflected conform the organizational documents Section 3.6 of the Current Constitution, in the New Governing Documents for with those of the Nasdaq Exchanges in and the Exchange is proposing to the reasons discussed above, the order to harmonize the Exchange’s streamline these administrative Exchange believes that the remaining board structure with its affiliates. The procedures across the Nasdaq provisions in the Current Governing proposed changes will primarily affect Exchanges. The Exchange also proposes Documents that relate to the trading current board composition to add a provision in this subsection rights of its members are more requirements, the current nomination that all meetings of the Board of appropriately located in the Rules than and election processes of the directors Directors of the Exchange (and any in its organizational documents. and the current committee composition committees of the Exchange) pertaining Already, all of the provisions governing requirements. These provisions are to the self-regulatory function of the the trading privileges associated with outlined in detail in the proposed Exchange (including disciplinary the Exchange Rights that are located in Bylaws of the Exchange, which will be matters) or relating to the structure of the Current Governing Documents are discussed below. the market which the Exchange New Section 9(a) of the LLC also substantially set forth in the regulates shall be closed to all persons 28 Agreement also proposes that all Rules, and the Exchange is not other than members of the Board of Directors other than the Member proposing any changes to those rules or Directors and officers, staff, counsel or Representative Directors shall be elected to any of its trading rules in connection other advisors whose participation is with the Merger except as noted below. by the Sole LLC Member in the manner necessary or appropriate to the proper As described in more detail below, the described in the proposed Bylaws. discharge of such regulatory functions Exchange will amend its Rules only (i) Mirroring Section 9(a) of the NSM LLC and any representatives of the to clarify any Rules that refer back to the Agreement, each Director elected, Commission. The proposed language Current LLC Agreement or the Current designated or appointed by the Sole LLC also prohibits members of the Sole LLC Constitution in the rule text or (ii) to Member shall hold office until a Member’s board of directors who are not relocate in the rulebook any provisions successor is elected and qualified or also members of the Exchange’s board of in the Current Governing Documents until such Director’s earlier death, directors or any officers, staff, counsel related to the trading privileges of the resignation, expulsion or removal. As or advisors of the Sole LLC Member noted above, Member Representative who are not also officers, staff, counsel 26 See Current LLC Agreement, Article VI and Directors shall be elected in accordance or advisors of the Exchange from Current Constitution, Article XII. The Exchange also with the Bylaws. Each Director shall notes that it is not carrying over the termination participating in such meetings.32 execute and deliver an instrument provisions in Section 6.4 of the Current LLC The subsections, Quorum; LLC Acts Agreement into the New Governing Documents as accepting such appointment and these generally relate to the voting rights associated agreeing to be bound by all the terms of the Board and Electronic with the Exchange Rights, and therefore will no and conditions of the LLC Agreement Communications, contain standard longer be applicable for the reasons discussed and the Bylaws. A Director need not be Delaware limited liability company above. provisions governing quorum rules for 27 See Current LLC Agreement, Sections 6.1 and an Exchange member. 6.3 and Rules 300 and 302(c); see also MRX The Exchange is also proposing to Board actions, Board action by Approval Order. adopt substantially similar provisions unanimous written consent, and how 28 For example, Exchange members holding PMM set forth in Section 9 of the NSM LLC Board and committee members may and CMM Rights may seek appointment to become Agreement with respect to the Powers of participate in Board and committee market makers in one or more options classes meetings, as applicable. The Exchange traded on the Exchange, which entitles them to the Board, the By-Laws, the Meeting of enter quotations and orders into the Exchange’s the Board of Directors, Quorum; LLC notes that these provisions are similar in trading system. See Rules 100(a)(34), 100(a)(42) and Acts of the Board and Electronic all material respects to those in the Rule 800 series; see also Sections 12.1(a) and 12.2(a) Communications.29 The section Current Governing Documents 33 and of the Current Constitution. Exchange members holding EAM Rights are entitled to enter orders into discussing the Powers of the Board is the Exchange’s trading system and clear Exchange similar to the current provisions in the 31 See Current LLC Agreement, Section 2.2 transactions. See Rules 100(a)(9) and 100(a)(34); see Current Constitution in that the Board is (providing that the Sole LLC Member does not have the power to bind the Exchange, said power being also Section 12.3(a) of the Current Constitution. The vested with the power to do any and all Exchange Rights may not be leased and are not vested solely and exclusively in the Board) and transferable except in the event of a change in acts necessary or for the furtherance of Current Constitution, Sections 3.1, 4.13 and 5.1. control of an Exchange member or corporate the purposes described in the LLC 32 The proposed language on board and reorganization involving an Exchange member. See Agreement, including all powers, committee meeting participation in Section 9(d) is Rule 302(c); see also Current LLC Agreement, statutory or otherwise.30 The Board also not in the governing documents of the Nasdaq Section 6.4 and Current Constitution, Sections Exchanges, but is retained from Section 3.2(d) of the 12.1(b), 12.2(b), and 12.3(b). There is no limit on Current Constitution and is intended to help the number of Exchange Rights issued by MRX. See 29 See proposed Sections 9(b) through (f) of the maintain the independence of the Exchange’s self- Rule 300; see also Current LLC Agreement, Section Exchange’s LLC Agreement. regulatory functions. 6.1. 30 See Current Constitution, Section 3.1. 33 See Current Constitution, Sections 3.6 and 3.7.

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relate primarily to the administrative Finally, in proposed subsection (g)(v), to permitted under the LLC Act. The processes of the Board. Therefore, the the extent provided in the resolution of proposed language is similar to the Exchange is proposing to streamline the Board, any committee that consists limitation of liability language found in these processes across the Nasdaq solely of one or more Directors shall the Current LLC Agreement 36 and Exchanges for the sake of efficiency. have and may exercise all the powers mirrors Section 11 of the NSM LLC Section 9(g) of the LLC Agreement and authority of the Board in the Agreement. generally discusses the standing management of the business and affairs Sections 12 through 14 of the LLC committees and provides that the Board of the Exchange. The Exchange also Agreement, which are virtually identical may designate one or more committees. proposes in subsection (g)(v) to limit to Sections 12 through 14 of the NSM By adopting new Section 9(g), the such committee from having the powers LLC Agreement, are equity-related Exchange is proposing to delete the of the Board with respect to approving provisions that encompass the topics of current committees set forth in Article any matters pertaining to the self- capital contributions, additional capital V of the Current Constitution and adopt regulatory function of the Exchange or contributions, and allocations of profits the standing committees similar to those relating to the structure of the market and losses. These provisions set forth of the Nasdaq Exchanges. Article V of which the Exchange regulates.35 Such the basic economic arrangement of the the Current Constitution provides for committee or committees shall have Sole LLC Member and remain consistent the following committees: An Executive such name or names as may be with the economic arrangement under Committee, a Corporate Governance determined from time to time by the Current Governing Documents.37 Committee, a Finance and Audit resolution adopted by the Board. Proposed Section 15, which relates to Committee, a Compensation Committee, Further, in the absence or distributions, provides that ISE and such other additional committees as disqualification of a member of a Holdings, as the Sole LLC Member, is may be established by Board resolution. committee composed solely of Directors, generally entitled to all distributions Article V also provides for a nominating the member or members thereof present made by the Exchange. Similar to committee, which is a committee of the at any meeting and not disqualified Section 3.3 of the Current LLC Exchange and not the Board, and from voting, whether or not such Agreement,38 however, proposed nominates the Exchange Directors for members constitute a quorum, may Section 15 also contains a stipulation election to the Board (the ‘‘Exchange unanimously appoint another member that (i) the Exchange shall not be Director Nominating Committee’’). The of the Board to act at the meeting in the required to make a distribution to the Exchange proposes to replace these place of any such absent or disqualified rules with ‘‘Committees Composed Sole LLC Member on account of its member. The foregoing provisions are interest in the Exchange if such Solely of Directors’’ and ‘‘Committees similar to the language found in Section Not Composed Solely of Directors’’ at distribution would violate the LLC Act 5.1 of the Current Constitution. or any other applicable law or is newly proposed and named Bylaw Similar to Section 3.9 of the Current Article III. The details of those otherwise required to fulfill the Constitution, proposed Section 9(h) regulatory functions or responsibilities committees will be discussed below in provides that the compensation of the Bylaws section. of the Exchange, and (ii) Regulatory Directors shall be fixed by the Board. Funds shall not be used for non- The Exchange proposes to adopt This language mirrors the provisions in substantially similar provisions set forth regulatory purposes, but rather shall be Section 9(h) of the NSM LLC in Section 9(g) of the NSM LLC used to fund the legal, regulatory and Agreement. The Removal and Agreement with respect to the standing surveillance operations of the Exchange Resignation of Directors language in committees.34 First, as set forth in and the Exchange shall not make a proposed Section 9(i) also mirrors proposed subsection (g)(i), the Board distribution to the Sole LLC Member Section 9(i) of the NSM LLC Agreement, 39 may designate one or more Directors as using Regulatory Funds. ‘‘Regulatory and is similar to the resignation and alternate members of any committee Funds’’ means fees, fines, or penalties removal language in Section 5.4 of the who may replace any absent or derived from the regulatory operations Current LLC Agreement and Sections disqualified member at any meeting of of the Exchange. ‘‘Regulatory Funds’’ 3.4 and 3.5 of the Current Constitution. the committee. Second, in proposed shall not be construed to include The Directors as Agents language in subsection (g)(ii), the Committee revenues derived from listing fees, proposed Section 9(j) provides that the members shall hold office for such market data revenues, transaction Directors are agents of the Exchange and period as may be fixed by a resolution revenues, or any other aspect of the mirrors Section 9(j) of the NSM LLC adopted by the Board. Any member of commercial operations of the Exchange, Agreement. a committee may be removed from such even if a portion of such revenues are Section 10, titled ‘‘Officers,’’ the used to pay costs associated with the committee only by the Board. Vacancies Exchange proposes to adopt identical shall be filled by the Board. Third, in language regarding officer appointments 36 See Current LLC Agreement, Sections 2.3 and proposed subsection (g)(iii), each found in Section 10 of the NSM LLC committee may adopt its own rules of 5.8. Agreement, which provisions are 37 procedure and may meet at stated times See Current LLC Agreement, Sections 3.1 and similar in nature to the existing 3.2. or on such notice as such committee provisions in Article IV of the Current 38 The Exchange notes that Section 3.3 of the may determine. Each committee shall be Current LLC Agreement also sets forth two Constitution. exceptions where the Sole LLC Member is entitled required to keep regular minutes of its Section 11, titled ‘‘Limited Liability,’’ meetings and report the same to the to distributions made by the Exchange: (i) For U.S. contains standard Delaware limited federal and state income tax purposes pursuant to Board when required. Fourth, in liability company language on the Section 3.4 of the Current LLC Agreement and (ii) proposed subsection (g)(iv), a majority limitation of liability of the Sole LLC upon liquidation of the Exchange. 39 of the committee shall constitute a Member and the Directors in the manner The Nasdaq Exchanges will each separately file quorum and the vote of a majority proposed rule changes to harmonize the distribution provisions in their respective governing present shall be an act of the committee. 35 This limitation is based on substantially similar documents with the language the Exchange language in Section 5.2(ii) of the Current proposes for Section 15, specifically to add the 34 See proposed LLC Agreement, Section 9(g)(i)– Constitution, and is intended to assure the fair language imported from Section 3.3 of the (v). administration and governance of the Exchange. Exchange’s Current LLC Agreement.

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regulatory operations of the Exchange.40 Agreement shall be interpreted as to ‘‘Dissolution,’’ sets forth the events This provision is designed to preclude limit or impede the rights of the which will cause the dissolution of the the Exchange from using its authority to Commission to access and examine such Exchange, as prescribed by mandatory raise Regulatory Funds for the purpose confidential information pursuant to the provisions of the LLC Act or as of benefitting its Sole LLC Member. federal securities laws and the rules and otherwise agreed among the parties, and Similar to Section 4.1 of the Current regulations thereunder, or to limit and is based on Section 21 of the NSM LLC LLC Agreement, Section 16 of the LLC impede the ability of any officers, Agreement. The proposed language is Agreement, titled ‘‘Books and Records,’’ directors, employees or agents of the similar to the language currently in sets forth certain information relating to Exchange to disclose such confidential Section 7.2 of the Current LLC general administrative matters with information to the Commission. Agreement. respect to the books and records of the Section 17, titled ‘‘Reports,’’ is being Exchange. Specifically, the Board shall added to mirror the language of the Sections 22 through 28 of the keep or cause to be kept complete and NSM LLC Agreement, and requires the proposed LLC Agreement contain accurate books of account and records Board, after the end of each fiscal year, general provisions which are relatively with respect to the Exchange’s business. to use reasonable efforts to cause the standard in Delaware limited liability 45 The books of the Exchange shall at all Exchange’s independent accountants, if company agreements. These times be maintained by the Board. The any, to prepare and transmit to the Sole provisions include: A benefits of Exchange’s books of account shall be LLC Member any tax information that agreement clause, a severability clause, kept using the method of accounting the Sole LLC Member may reasonably an entire agreement clause, a binding determined by the Sole LLC Member. need to prepare its federal, state and agreement clause, a governing law Further, the Exchange’s independent local income tax returns for such fiscal clause, an amendment provision and a auditor shall be an independent public year.43 Section 18, titled ‘‘Other notice provision. The Exchange notes accounting firm selected by the Board.41 Business,’’ is standard language in the that its members are acknowledged in Finally, the Exchange proposes to retain Delaware limited liability company proposed Section 22 as holding rights some of the existing concepts on books context and merely states that the Sole under the LLC Agreement and included and records from Section 4.1(b) of the LLC Member and any Director, officer, as third-party beneficiaries to the LLC Current LLC Agreement in the new employee or agent of the Exchange may Agreement as is similarly provided in Section 16.42 First, the books of account engage in other business and that the Section 22 of the NSM LLC Agreement. and records with respect to the Exchange has no rights to such other Section 27, titled ‘‘Amendments,’’ Exchange’s business must be kept business or the proceeds derived provides that the LLC Agreement may within the United States. Second, other therefrom. The Exchange is proposing to be amended by a resolution adopted by than as provided in Section 16 with mirror the language found in Section 18 the Board and a written agreement respect to the Commission, all of the NSM LLC Agreement. executed and delivered by the Sole LLC confidential information pertaining to Section 19, titled ‘‘Exculpation and Member, and further provides that all the self-regulatory function of the Indemnification,’’ is based on Section such amendments to the LLC Agreement Exchange (including but not limited to 19 of the NSM LLC Agreement. Similar will not become effective until filed disciplinary matters, trading data, to the provisions in Article VI of the with, or filed with and approved by, the trading practices and audit information) Current Constitution, the language Commission, as required under Section contained in the books and records of provides for the exculpation and 19 of the Exchange Act and the rules the Exchange shall: (i) Not be made indemnification of ISE Holdings and promulgated thereunder.46 available to any persons other than to any officer, Director, employee or agent those officers, directors, employees and of the Exchange or of the affiliate of ISE The Exchange proposes to add a new agents of the Exchange that have a Holdings. Section 20, titled Schedule A to the LLC Agreement, reasonable need to know the contents Assignments, is based on Section 20 of which contains key definitions used in thereof; (ii) be retained in confidence by the NSM LLC Agreement, but retains the LLC Agreement. The Exchange also the Exchange and the officers, directors, similar transfer restrictions from Section proposes a section on rules of employees and agents of the Exchange; 7.1 of the Current LLC Agreement on construction further explaining the and (iii) not be used for any non- any assignments by the Sole LLC definitions in proposed Schedule A. regulatory purposes. Nothing in the LLC Member and prohibits the Sole LLC C. Bylaws Member from transferring or assigning 40 See proposed LLC Agreement, Schedule A. its limited liability company interest in The Exchange proposes to adopt the 41 See Section 16 of the NSM LLC Agreement for the Exchange, unless the Commission Bylaws,47 which would replace the substantially similar provisions. approves such transfer or assignment 42 These concepts are generally not in the pursuant to a rule filing under Section 45 For example, see Sections 22 through 28 of the governing documents of the Nasdaq Exchanges, and 44 relate to where the Exchange’s books and records 19 of the Act. Section 21, titled NSM LLC Agreement and Sections 22 through 28 must be maintained and who may access such of the Phlx LLC Agreement. books and records, in particular those that contain 43 See Section 17 of the NSM LLC Agreement for 46 This provision is based in concept on Section confidential information pertaining to the self- identical provisions. 6–9 of the Phlx Bylaws, which requires Phlx to file regulatory function of the Exchange. While Phlx has 44 BX has a similar provision in Section 9.4(c) of any amendments to the Phlx Bylaws with the a requirement under Section 15 of the Phlx LLC the BX Bylaws, which restricts HoldCo, as BX’s sole Commission. The Phlx LLC Agreement, however, Agreement to keep its books and records in the shareholder, from transferring any shares of stock does not have a similar requirement for United States, neither BX nor NSM has this to any entity unless such transfer is filed and amendments to the Phlx LLC Agreement. As well, requirement under their respective governing approved by the Commission pursuant to a rule neither BX nor NSM has filing requirements for documents. Furthermore, none of the Nasdaq filing. In contrast, Section 20 of the NSM LLC amendments in their respective governing Exchanges have in their governing documents a Agreement allows HoldCo, as NSM’s sole LLC documents. Therefore, the Nasdaq Exchanges will provision that explicitly sets forth the member, to assign NSM’s limited liability company each separately file proposed rule changes with the Commission’s right to access their books and interest solely to an affiliate of HoldCo, but does not Commission to add this requirement in (as records. The Nasdaq Exchanges will each separately require approval by the Commission for such applicable): The Phlx LLC Agreement, the BX COI, file proposed rule changes to harmonize the books assignments. Phlx follows the NSM model. As such, the BX Bylaws, the NSM LLC Agreement and the and records provisions in their respective governing Phlx and NSM will each separately file a proposed NSM Bylaws. documents with the language the Exchange rule change to harmonize their assignment 47 The proposed Bylaws were filed as part of the proposes for Section 16. provisions with the Exchange’s proposal hereunder. Proposed Rule Change as Exhibit 5D.

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Exchange’s Current Constitution.48 The Exchange Directors.51 At an annual Proposed Nomination and Election Bylaws reflect the expectation that the meeting of the holders of Exchange Process Exchange will be operated with Rights, the Exchange Directors are The Exchange is proposing to adopt governance structures similar to those of elected by a plurality of the votes cast identical nomination and election the Nasdaq Exchanges. Accordingly, the at the meeting by the holders of processes as the Nasdaq Exchanges as Exchange proposes to adopt Bylaws that Exchange Rights entitled to vote set forth in proposed Bylaw Article II, set forth the same corporate governance 52 thereon. Following the full Section 1 so that Member framework and related processes as nomination, petition, and voting Representative Directors would be those contained in the Bylaws of the process, each Exchange Director holds elected to the Board on an annual Nasdaq Exchanges. Article I of the office for a term of two years.53 basis.56 For each annual election, the Bylaws, titled ‘‘Definitions,’’ contains Board would select a Record Date 57 and key definitions used in the Bylaws, and Specifically pursuant to Section 3.2(c) an Election Date.58 The Record Date are based on the defined terms used in of the Current Constitution, the would be at least 10 days but not more NSM Bylaw Article I. Exchange Directors are divided into two classes, designated as Class I and Class than 60 days prior to the Election Date. Nomination and Election Process II directors. Each of Class I and Class II The Member Nominating Committee, consisting of representatives of the Article II of the Bylaws, titled is comprised of half of the Exchange Exchange members, would create a list ‘‘Annual Election of Member Directors. The Exchange Directors of Representative Directors and Other of one or more candidates for each each class holds office until their Member Representative Director Actions by Exchange Members,’’ mirrors successors are duly elected and the language in NSM Bylaw Article II,49 position (the ‘‘List of Candidates’’) on qualified. At each annual meeting of the the Board to be elected on the Election and contains key provisions regarding holders of Exchange Rights, the the processes for the nomination and Date. Promptly after selection of the successors of the class of Exchange election of Member Representative Election Date, in a notice transmitted to Directors whose term expires at that Directors. As discussed in the LLC the Exchange members and in a Agreement section above, the Exchange meeting will be elected by the Exchange prominent location on a publicly is proposing to replace the Exchange Rights holders to hold office for a term accessible Web site, the Exchange (i) Directors with Member Representative expiring at the annual meeting held in shall announce the Election Date and Directors to harmonize its board the second year following the year of the List of Candidates, and (ii) shall structure with the Nasdaq Exchanges. their election, and until their successors describe the procedures for Exchange The proposed nomination and election are elected and qualified.54 No members to nominate candidates for process for Member Representative Exchange Director may serve more than election at the next annual meeting. In Directors described in new Article II three consecutive terms, and after a two- the event of a Contested Election, the would replace the current processes for year hiatus, may be eligible to serve as Exchange shall also send its members the Exchange Directors set forth in the an Exchange Director again.55 the List of Candidates and a formal Current Governing Documents. notice of the Election Date, which notice 51 See Current Constitution, Section 3.10(a). shall be sent by the Exchange at least 10 Current Nomination and Election Specifically, in addition to the Exchange Director days but no more than 60 days prior to Process nominees named by the Nominating Committee, the Election Date to the Exchange Under the current nomination and persons eligible to serve as such may be nominated members that were Exchange members for election to the Board by a petition, signed by election process, nominees for election the holders of not less than 5% of the outstanding on the Record Date, by any means, of the Exchange Directors are selected Exchange Rights of the series entitled to elect such including electronic transmission, as each year by the Exchange Director person if there are more than eighty (80) Exchange determined by the Board or committee Nominating Committee (which is not a Rights in the series entitled to vote, ten percent thereof. (10%) of the outstanding rights of such series An additional candidate may be Board committee but composed of three entitled to elect such person if there are between 50 Exchange member representatives). A eighty (80) and forty (40) Exchange Rights in the added to the List of Candidates by any petition process will also allow holders series entitled to vote, and twenty-five percent Exchange member that submits a timely of the Exchange Rights to nominate (25%) of the outstanding Exchange Rights of such and duly executed written nomination alternate candidates for consideration as series entitled to elect such person if there are less to the Secretary of the Exchange. To be than forty (40) Exchange Rights in the series entitled to vote. For purposes of determining 56 48 The Current Constitution was filed as part of whether a person has been nominated for election See Section 1 of NSM Bylaw Article II, Section the Proposed Rule Change as Exhibit 5C. by petition by the requisite percentage, no Exchange 2–1 of the Phlx Bylaws and Section 4.4 of the BX 49 Phlx and BX also have the identical nomination member, alone or together with its affiliates, may Bylaws. Currently, the Exchange Directors are elected for two-year terms. and election processes for their Member account for more than fifty percent (50%) of the 57 Representative Directors. See Phlx Bylaw Article II signatures of the holders of outstanding Exchange ‘‘Record Date’’ will be defined as a date and Section 4.4 of the BX Bylaws. Rights of the series entitled to elect such person, selected by the Board for the purpose of 50 See Current Constitution, Section 3.10(a). With and any such signatures by such Exchange determining the Exchange members entitled to vote respect to the Exchange Director Nominating members, alone or together with its affiliates, in for the election of Member Representative Directors on an Election Date in the event of a Contested Committee process, the Secretary of the Exchange, excess of such fifty percent (50%) limitation shall Election. See proposed Bylaw Article I(bb), which on behalf of the Exchange Director Nominating be disregarded. Id. is based on NSM Bylaw Article I(aa). Committee, will circulate a memorandum to all 52 See Current Constitution, Sections 2.1 and 2.5. ‘‘Contested Election’’ will be defined as an holders of Exchange Rights soliciting interest in A holder of Exchange Rights, together with any election for one or more Member Representative presenting Exchange Director candidates to the affiliate, may not exercise the voting rights (i.e., Exchange Director Nominating Committee. Shortly Directors for which the number of candidates on the voting to elect the Exchange Directors) associated after the receipt of candidate submissions, the List of Candidates exceeds the number of positions with more than twenty percent (20%) of the Exchange Director Nominating Committee will to be elected. See proposed Bylaw Article I(g), outstanding Exchange Rights. See Current LLC conduct a short interview with each candidate. which is based on NSM Bylaw Article I(ee). Agreement, Section 6.3(b). Following all interviews, the Exchange Director 58 ‘‘Election Date’’ will be defined as a date 53 Nominating Committee, by majority vote, will select See Current Constitution, Section 3.2(c). selected by the Board on an annual basis, on which its Exchange Director candidates and the Secretary 54 Id. the Exchange members may vote with respect to of the Exchange will inform the holders of 55 See Current Constitution, Sections 3.2(e). The Member Representative Directors in the event of a Exchange Rights of the Exchange Director Exchange does not impose term limits on Non- contested election. See proposed Bylaw Article I(k), Nominating Committee’s selections. Industry Directors. which is based on NSM Bylaw Article I(j).

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timely, an Exchange member’s notice eligibility of such proposed nominee to Candidates who receive the most votes would have to be delivered to the serve as a Member Representative would be elected to the Member Secretary at the principal executive Director. Representative Director positions. offices of the Exchange not later than For purposes of determining whether New Section 3 of Bylaw Article II the close of business on the 90th day a person has been nominated for proposes that if a Member nor earlier than the close of business on election by petition by the requisite Representative Director position the 120th day prior to the first percentage, no Exchange member, alone becomes vacant prior to the expiration anniversary of the preceding year’s or together with its affiliates, may of such person’s term, or it an increase Election Date, provided however that in account for more than 50% of the in the size of the Board results in the the event that the Election Date is more signatures endorsing a particular creation of a new Member than 30 days before or more than 70 candidate, and any such signatures by Representative Director position, the days after such anniversary date, notice such Exchange member, alone or Sole LLC Member will elect a person by the Exchange member must be so together with its affiliates, in excess of from a list of candidates prepared by the delivered not earlier than the close of such 50% limitation shall be Member Nominating Committee to fill business on the 120th day prior to such disregarded.60 such vacancy, except that if the Election Date and not later than the If by the date on which an Exchange remaining term of office for the vacant close of business on the later of the 90th member may no longer submit a timely Director position is less than six day prior to such Voting Election or the nomination, there is only one candidate months, no replacement will be tenth day following the day on which for each Member Representative required. The proposal would replace public announcement of such Election Director position to be elected on the the current process for filling Exchange Date is first made by the Exchange. Such Election Date, the Member Director vacancies on the Board,62 and Exchange member’s notice shall set Representative Directors will be elected mirrors Section 3 of NSM Bylaw Article forth: (i) As to the person whom the by ISE Holdings as the Sole LLC II. Finally, new Section 4 of Bylaw Exchange member proposes to nominate Member from the List of Candidates. In Article II, copied from Section 4 of NSM for election as a Member Representative the event of a Contested Election, the Bylaw Article II, proposes that the Director, all information relating to that Exchange would conduct a vote to Exchange will not be required to hold 63 person that is required to be disclosed determine the candidates on the List of meetings of the Exchange members. in solicitations of proxies for election of Candidates in accordance with Related to the proposed changes to directors in an election contest, or is proposed Section 2 of Bylaw Article II, the Exchange’s nomination and election otherwise required, in each case which mirrors the language found in process described above, the Exchange pursuant to Regulation 14A under the Section 2 of the NSM Bylaw Article II. also proposes to create a Member Act and the rules thereunder (and such If there is a Contested Election, each Nominating Committee, which would replace the current Exchange Director person’s written consent to be named in Exchange member would have the right Nominating Committee in nominating the List of Candidates as a nominee and to cast one vote for each Member candidates for director positions that to serving as a Director if elected); (ii) Representative Director position to be meet the fair representation requirement a petition in support of the nomination filled; provided, however, that any such (i.e., the proposed Member duly executed by the Executive vote must be cast for a person on the Representative Directors). In addition, Representatives 59 of 10% or more of all List of Candidates. However, an the new Member Nominating Exchange members; and (iii) the name Exchange member, either alone or Committee would nominate candidates and address of the Exchange members together with its affiliates, may not cast for committee positions that meet the making the nomination. The Exchange votes representing more than 20% of the may require any proposed nominee to fair representation requirement (i.e., the votes cast for a candidate, and any votes ‘‘Member Representative members’’).64 furnish such other information as it may cast by the Exchange member, either reasonably require to determine the Similar to the Member Representative alone or together with its affiliates, in Directors on the Board, the function of excess of such 20% limitation would be Member Representative members is to 59 ‘‘Executive Representative’’ will be defined as 61 disregarded. The votes would be cast provide members a voice in the an individual appointed by an Exchange member to by written ballot, electronic represent, vote, and act for the Exchange member administration of the Exchange’s affairs, in all the affairs of the Exchange; provided, transmission or any other means as set specifically on certain committees that however, that other representatives of an Exchange forth in a notice to the Exchange are responsible for providing advice on member may also serve on the Board or committees members sent by the Exchange prior to of the Exchange or otherwise take part in the affairs any matters pertaining to the Exchange’s of the Exchange. If an Exchange member is also a the Election Date. Only votes received self-regulatory function or relating to the member of FINRA, the Exchange executive prior to 11:59 p.m. Eastern Time on the market structure which the Exchange representative shall be the same person appointed Election Date would count for the regulates. The Exchange will therefore to serve as the FINRA executive representative. An election of a Member Representative Exchange member may change its executive require that at least 20% of the persons representative or appoint a substitute for its Director. The persons on the List of executive representative upon giving notice thereof 62 See Current Constitution, Section 3.3. 60 to the Exchange Secretary via electronic process or This 50% limitation is not in the governing 63 In contrast, the Current Constitution requires such other process as the Exchange may prescribe. documents of the Nasdaq Exchanges but is based on that an annual meeting of the holders of Exchange An executive representative of an Exchange the existing 50% limitation found in Section Rights be held for the purpose of electing Exchange member or a substitute shall be a member of senior 3.10(a)(ii) of the Current Constitution. The existing Directors to fill expiring terms. See Current management and registered principal of the 50% limitation caps the signature count by member Constitution, Section 2.1. As noted above for the Exchange member. Each executive representative class (i.e., 50% of the signatures of the holders of proposed process, the Exchange members may vote shall maintain an Internet electronic mail account Exchange Rights of the series entitled to elect such in the event of a Contested Election, through a for communication with the Exchange and shall person). Because the fair representation directors balloting process without a formal meeting. update firm contact information as prescribed by will no longer be elected separately by each 64 ‘‘Member Representative member’’ will be the Exchange. Each member shall review and, if member class but by the Exchange members as a defined as a member of any committee appointed necessary, update its executive representative whole, it is also no longer necessary to apply a by the Board who has been elected or appointed designation and contact information in the manner separate 50% limitation on each class of members. after having been nominated by the Member prescribed by the Exchange. See proposed Bylaw 61 This is the same as the 20% voting limitation Nominating Committee pursuant to the Bylaws. See Article I(l), which is based on NSM Bylaw Article included in Section 6.3(b) of the Exchange’s Current proposed Bylaw Article I(s), which is based on I(k) and NSM Rule 1150. LLC Agreement. See note 52 above. NSM Bylaw Article I(r).

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serving on any such committees be Exchange Director Nominating Current Constitution 69 constitute less individuals who will have been Committee, and is selected after than the number of Exchange appointed by the Member Nominating consultation with representatives of Directors.70 Furthermore, the Board Committee and be representative of the Exchange members. The Commission must be composed as follows: (i) At Exchange’s membership in order to has previously approved rule changes least 50% directors who meet the ensure that its members have the for substantially similar board qualifications of ‘‘non-industry opportunity to formally provide input nomination and election processes for representatives’’ 71 and elected by ISE on matters that are important to them.65 the Nasdaq Exchanges.66 Holdings as the Sole LLC Member, at New Section 6(b) of Bylaw Article III, least one (1) of whom must meet the Board Composition which is copied from Section 6(b) of qualifications of ‘‘Public Director,’’ 72 NSM Bylaw Article III, proposes that the The Exchange is proposing to adopt (ii) one (1) director, who is the President Member Nominating Committee would Article III of the Bylaws, titled ‘‘Board and Chief Executive Officer of the nominate candidates for each Member of Directors,’’ which is based on NSM Exchange (the ‘‘CEO Director’’),73 and Representative Director position on the Bylaw Article III. Section 1 of Bylaw (iii) at least 30% Exchange Directors, as Board, and would also nominate Article III proposes that if any Director described above.74 candidates for appointment by the position other than a Member The Exchange is proposing to replace Board for positions on any committees Representative Director position the aforementioned Board composition with positions reserved for Member becomes vacant, whether because of with the board structure in place at the Representative members. The Member death, disability, disqualification, Nasdaq Exchanges. As is the case with Nominating Committee would consist of removal, or resignation, the Nominating the Nasdaq Exchanges, the proposed no fewer than three and no more than Committee (discussed below) shall Board composition would be required to six members. All members of the nominate, and the Sole LLC Member reflect a balance among ‘‘Industry Member Nominating Committee would shall select, a person satisfying the Directors,’’ ‘‘Member Representative be a current associated person of a classification (Industry, Non-Industry, Directors,’’ and ‘‘Non-Industry current Exchange member. The Board or Public Director), if applicable, for the Directors,’’ including ‘‘Public would appoint such individuals after directorship to fill such vacancy. Directors.’’ 75 The new Board structure appropriate consultation with the Section 2(a) of Bylaw Article III sets would be as follows: Exchange members. Member forth the proposed Board composition Nominating Committee members would requirements and provides that a 69 The term ‘‘non-industry representative’’ means be appointed annually by the Board and Director may not be subject to a any person who would not be considered an may be removed by a majority vote of ‘‘industry representative,’’ as well as (i) a person statutory disqualification. The Exchange the Board. affiliated with a broker or dealer that operates solely The Exchange believes that the is proposing to replace the current to assist the securities-related activities of the business of non-member affiliates, or (ii) an proposed process for selecting Member Board qualification requirements with the ones set forth in the new Section employee of an entity that is affiliated with a broker Representative Directors, together with or dealer that does not account for a material the requirement in the proposed LLC 2(a), which mirrors the qualifications portion of the revenues of the consolidated entity, Agreement that the Board be comprised language in Section 2(a) of NSM Bylaw and who is primarily engaged in the business of the Article III. This proposed change to the non-member entity. See Current Constitution, of at least 20% Member Representative Section 13.1(v). Directors as discussed in the LLC current Board composition is in addition to the proposal discussed in The term ‘‘industry representative’’ means a Agreement section above, will continue person who is an officer, director or employee of to provide for a fair representation of its the LLC Agreement section above to a broker or dealer or who has been employed in any members on the Board. Similar to the give the Sole LLC Member discretion to such capacity at any time within the prior three (3) years, as well as a person who has a consulting or nomination and election process determine the size of the Board from time to time.67 employment relationship with or has provided currently in place, proposed Bylaw professional services to the Exchange and a person Article II includes a process by which Currently, the number of directors on who had any such relationship or provided any members can directly petition and vote the Board must be no less than eight and such services to the Exchange at any time within no more than sixteen 68 and in no event the prior three (3) years. See Current Constitution, for representation on the Board. The Section 13.1(s). Exchange also believes that proposed shall the number of Exchange Directors 70 See Current Constitution, Section 3.2(a). process for selecting Member constitute less than 30% of the members Section 3.2(a), similar to proposed Section 2(a) of Representative members, together with of Board and in no event shall the Bylaw Article III, also provides that a director may requirements in the proposed Bylaws number of directors who meet the not be subject to a statutory disqualification (as qualifications of ‘‘non-industry defined in Section 3(a)(39) of the Exchange Act). that certain committees such as the 71 See Current Constitution, Section 3.2(b). Quality of Markets Committee be representatives’’ as set forth in the 72 A ‘‘Public Director’’ is a non-industry composed of at least 20% Member representative who has no material relationship Representative members, will continue 66 See e.g. Securities Exchange Act Release No. with a broker or dealer or any affiliate of a broker to provide for fair representation of its 53128 (Jan. 13, 2006), see note 18 above; Securities or dealer or the Exchange or any affiliate of the Exchange Act Release No. 58324 (August 7, 2008), Exchange. See Current Constitution, Section 3.2(b) members in the administration of the 73 FR 46936 (August 12, 2008) (SR–BSE–2008–02, and Sections 13.1(aa) and (bb). Exchange’s affairs. In addition, the –23, –25, SR–BSECC–2001–01) (Order Approving a 73 See Current Constitution, Section 3.2(b). The proposed Member Nominating Proposal by BX to Amend and Restate its COI and President and Chief Executive Officer of the Committee would be composed solely of its Constitution to Reflect its Acquisition by the Exchange is elected by the Board and will be NASDAQ OMX Group); and Securities Exchange nominated by the Board for a directorship by virtue persons associated with Exchange Act Release No. 59794 (April 20, 2009), 74 FR of his or her office. See Current Constitution, members, similar to the current 18761 (April 24, 2009) (SR-Phlx-2009–17) (Order Section 4.6(a). The President and Chief Executive Approving Proposed Rule Change Relating to the Officer will only serve on the Board for so long as 65 Under the Proposed Rule Change, the new Nomination and Election of Candidates for such person remains the President and Chief Quality of Markets Committee, whose primary Governor and Independent Governor). Executive Officer. See Current Constitution, Section function is to provide advice on industry-wide 67 See proposed Section 9(a) of the LLC 3.2(e). market issues, will be required to be composed of Agreement. 74 See Current Constitution, Section 3.2(b). at least 20% Member representative members. The 68 See Current Constitution, Section 3.2(a). 75 See Section 2(a) of NSM Bylaw Article III, Quality of Markets Committee is discussed in detail Currently, the Board is comprised of sixteen Section 3–2(a) of Phlx Bylaws and Section 4.3 of BX below. directors. Bylaws.

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• At least twenty percent (20%) of the • Up to two officers of the Exchange Executive Officer appointed upon the directors on the Board would be (‘‘Staff Directors’’) may be elected to the Acquisition by the Sole LLC Member ‘‘Member Representative Directors;’’ 76 Board.81 became a Board member by virtue of his • The number of ‘‘Non-Industry Under Section 2(b) of proposed Bylaw office under the current Constitution, Directors’’ 77 would equal or exceed the Article III, which mirrors Section 2(b) of and also met the qualifications of ‘‘Staff sum of the number of ‘‘Industry NSM Bylaw Article III, a Director would Director’’ under each of the Nasdaq Directors’’ 78 and ‘‘Member be disqualified and removed Exchange Bylaws. Five of the six Representative Directors’’ 79 immediately upon a determination by Exchange Directors serving on the Board • The Board would include at least the Board, by a majority vote of the immediately prior to the Acquisition one ‘‘Public Director’’ 80 and at least one remaining Directors, (a) that the Director remained on the Board post- issuer representative (or if the Board no longer satisfies the classification for Acquisition. One Exchange Director was consists of ten or more Directors, at least which the Director was elected; and (b) appointed by the Exchange Director two issuer representatives); that the Director’s continued service as Nominating Committee and elected to such would violate the compositional the Board upon the Acquisition due to 76 See proposed LLC Agreement, Section 9(a). requirements of the Board set forth in his predecessor being term limited out ‘‘Member Representative Director’’ will be defined proposed Section 2(a). Thus, for under the Current Constitution. The as a Director who has been elected or appointed example, if a Public Director became Board therefore satisfied the after having been nominated by the Member employed by a broker-dealer and the Nominating Committee or by an Exchange Member. composition requirements in the A Member Representative Director may, but is not Board thereby had an inadequate Current Constitution that at least 50% of required to be, an officer, director, employee, or number of Public Directors, the Director directors be ‘‘non-industry agent of an Exchange member. See proposed would be disqualified and removed. If a representatives,’’ and at least 30% be Bylaws, Article I(r), which is based on NSM Bylaw Director is disqualified and removed, Exchange Directors. The six Exchange Article I(q). 77 ‘‘Non-Industry Director’’ will be defined as a and the remaining term of office of such Directors also served as ‘‘Member Director (excluding Staff Directors) who is (i) a Director at the time of termination is not Representative Directors’’ on the Nasdaq Public Director; (ii) an officer, director, or employee more than 6 months, a replacement for Exchange boards, therefore satisfying of an issuer of securities listed on the Exchange; or the Director is not required until the the 20% Member Representative (iii) any other individual who would not be an next annual meeting. Analogous Industry Director. See proposed Bylaws, Article Director requirement under their I(w), which is based on NSM Bylaw Article I(v). disqualification provisions exist for Bylaws. As such, the post-Acquisition 78 An ‘‘Industry Director’’ will be a person with committee members.82 Board satisfied the composition direct ties to the securities industry as a result of Upon the Acquisition, there were a requirements contained both in the connections to a broker-dealer, the Exchange or its number of harmonizing changes to the Current Constitution and in the affiliates, FINRA, or certain service providers to Board,83 which resulted in a complete such entities. Specifically, an ‘‘Industry Director’’ proposed Bylaws. will be defined as a Director (excluding Staff overlap of directors on the boards of the The terms of the directors on the post- Directors), who (i) is or has served in the prior three Exchange, NSM, Phlx and BX. Acquisition Board ended at the 2017 years as an officer, director, or employee of a broker Specifically, there were eight (8) annual meeting of the Exchange or dealer, excluding an outside director or a director directors meeting the qualifications of not engaged in the day-to-day management of a Members and Sole LLC Member (‘‘2017 broker or dealer; (ii) is an officer, director ‘‘non-industry representatives’’ under Annual Election’’), which was held on (excluding an outside director), or employee of an the Current Constitution and ‘‘Non- June 19, 2017 to elect the current Board entity that owns more than ten percent of the equity Industry Directors’’ under each of the and coincided with the 2017 annual of a broker or dealer, and the broker or dealer Nasdaq Exchanges’ Bylaws.84 accounts for more than five percent of the gross elections of the Nasdaq Exchange revenues received by the consolidated entity; (iii) Furthermore, two of these directors also boards. The Exchange held the 2017 owns more than five percent of the equity securities met the compositional requirements of Annual Election to elect the current of any broker or dealer, whose investments in ‘‘Public Directors’’ under the Current Board in accordance with the brokers or dealers exceed ten percent of his or her Constitution and under the Bylaws of nomination, petition and voting net worth, or whose ownership interest otherwise 85 permits him or her to be engaged in the day-to-day each Nasdaq Exchange. The Chief processes set forth in the Current management of a broker or dealer; (iv) provides Governing Documents. Once the New professional services to brokers or dealers, and such 81 See proposed Bylaw Article I(m). Staff Governing Documents become services constitute 20 percent or more of the Directors will not be considered as either Industry professional revenues received by the Director or 20 or Non-Industry Directors. operative, no additional actions will be percent or more of the gross revenues received by 82 See proposed Section 4(b) of Bylaw Article III, required under the LLC Act with respect the Director’s firm or partnership; (v) provides which mirrors the language in Section 4(b) of NSM to the current Board. All of the directors professional services to a director, officer, or Bylaw Article III. on the current Board are existing employee of a broker, dealer, or corporation that 83 These changes consisted of the resignations of directors who served on the post- owns 50 percent or more of the voting stock of a all directors, other than the Exchange Directors, broker or dealer, and such services relate to the sitting on the Board immediately prior to the Acquisition Board and, similar to the director’s, officer’s, or employee’s professional consummation of the Acquisition, and the post-Acquisition Board as described capacity and constitute 20 percent or more of the appointments of Nasdaq designees to fill these above, the current Board satisfies the professional revenues received by the Director or vacancies on the Board. The changes were effected member or 20 percent or more of the gross revenues through a series of unanimous written consents by board composition requirements both in received by the Director’s or member’s firm or the Board, as well as unanimous written consents the Current Governing Documents and partnership; or (vi) has a consulting or employment by the Exchange Director Nominating Committee in the New Governing Documents.86 relationship with or provides professional services and the Corporate Governance Committee. The Even though the current Board was not to the Exchange or any affiliate thereof or to FINRA Exchange represents that these changes were (or any predecessor) or has had any such effected in accordance with the Current Governing nominated or voted upon in accordance relationship or provided any such services at any Documents. with New Governing Documents, the time within the prior three years. See proposed 84 These eight directors also sat on the three Exchange believes that the current Bylaws Article I(m), which is based on NSM Bylaw Nasdaq Exchange boards immediately prior to the Board is consistent with the Act in that Article I(l). Acquisition. it still provides for the fair 79 See proposed Section 2(a) of Bylaw Article III. 85 In addition, the current Board also satisfies the 80 Id. ‘‘Public Director’’ will be defined as a requirement under the Nasdaq Exchange Bylaws representation of members and has one Director who has no material business relationship that the board be composed of at least one Public with a broker or dealer, the Exchange or its Director and at least one (or two, if the board 86 See Current Constitution, Section 3.2; proposed affiliates, or FINRA. See proposed Bylaw Article consists of ten or more directors) issuer LLC Agreement, Section 9(a); and proposed Bylaw I(z), which is based on NSM Bylaw Article I(y). representatives. Article III, Section 2(a).

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or more directors that are representative 2017 Board will serve until the 2018 Industry member,88 a Member of issuers and investors and not annual election. Specifically upon the Representative member,89 a Non- associated with a member of the Merger, the 2017 Board will appoint a Industry member,90 or a Public exchange, broker, or dealer. First, six Nominating Committee (as discussed in member.91 Analogous new provisions Exchange Directors, who are officers, detail below) and a Member Nominating are also proposed for prospective directors or partners of Exchange Committee, and such committees would Directors.92 members as required by Section 3.2(b) nominate candidates for the 2018 Sections 5 and 6 of proposed Bylaw of the Current Constitution, were annual election pursuant to the Article III, titled ‘‘Committees nominated by the Exchange Director procedures set forth in proposed Bylaw Composed Solely of Directors’’ and Nominating Committee and elected to Article I (for Member Representative ‘‘Committees Not Composed Solely of Directors,’’ establishes several standing the current Board by a plurality of the Directors) and in proposed Section 9(a) committees and delineates their general holders of the Exchange Rights. These of the LLC Agreement and proposed Exchange Directors were subject to the duties and responsibilities. The Bylaw Article III (for all other Directors). full petition and voting process by proposed committee structure is membership in accordance with Articles Section 3 of Bylaw Article III, which modeled substantially on the committee II and III of the Current Constitution, is copied from Section 3 of NSM Bylaw which process the Commission has Article III, contains standard provisions 88 ‘‘Industry member’’ will be defined as a already found as satisfying the for a Delaware limited liability company member of any committee appointed by the Board who (i) is or has served in the prior three years as principles of fair representation as governing the appropriateness of an officer, director, or employee of a broker or required by Section 6(b) of the Act.87 reliance by Directors upon the records dealer, excluding an outside director or a director Furthermore as noted above, the of the Exchange. Section 3 also not engaged in the day-to-day management of a Exchange believes that the Exchange recognizes the Exchange’s status as an broker or dealer; (ii) is an officer, director (excluding an outside director), or employee of an Directors serve the same function as the SRO by providing that the Board, when entity that owns more than ten percent of the equity Member Representative Directors under evaluating any proposal, shall, to the of a broker or dealer, and the broker or dealer the proposed board structure in that fullest extent permitted by applicable accounts for more than five percent of the gross both directorships give Exchange revenues received by the consolidated entity; (iii) law, take into account all factors that the owns more than five percent of the equity securities members a voice in the Exchange’s use Board deems relevant, including, of any broker or dealer, whose investments in of self-regulatory authority. The without limitation, (i) the potential brokers or dealers exceed ten percent of his or her Exchange notes that only the corporate impact thereof on the integrity, net worth, or whose ownership interest otherwise governance structure is changing under permits him or her to be engaged in the day-to-day continuity and stability of the national management of a broker or dealer; (iv) provides the Proposed Rule Change, and that the securities exchange operated by the professional services to brokers or dealers, and such Exchange’s membership has remained Exchange and the other operations of services constitute 20 percent or more of the substantially the same both before and professional revenues received by the committee the Exchange, on the ability to prevent member or 20 percent or more of the gross revenues after the 2017 Annual Election. fraudulent and manipulative acts and Second, eight directors who meet the received by the committee member’s firm or practices and on investors and the partnership; (v) provides professional services to a requirements of non-industry public, and (ii) whether such would director, officer, or employee of a broker, dealer, or representatives under the Current corporation that owns 50 percent or more of the Constitution as well as Non-Industry promote just and equitable principles of voting stock of a broker or dealer, and such services Directors under the proposed Bylaws trade, foster cooperation and relate to the director’s, officer’s, or employee’s coordination with persons engaged in professional capacity and constitute 20 percent or were nominated by the existing more of the professional revenues received by the Corporate Governance Committee and regulating, clearing, settling, processing committee member or 20 percent or more of the elected by the Sole LLC Member to the information with respect to and gross revenues received by the committee member’s current Board. Further, at least three of facilitating transactions in securities or firm or partnership; or (vi) has a consulting or assist in the removal of impediments to employment relationship with or provides these directors are Public Directors or professional services to the Exchange or any issuer representatives, consistent with or perfection of the mechanisms for a affiliate thereof or to FINRA (or any predecessor) or the composition requirements under the free and open market and a national has had any such relationship or provided any such Current Constitution and proposed market system. Taken together, these services at any time within the prior three years. provisions are designed to reinforce the See proposed Bylaw Article I(n), which is based on Bylaws. The current Board therefore NSM Bylaw Article I(m). reflects a balance among the six notion that the Exchange is not solely a 89 ‘‘Member Representative member’’ will be Exchange Directors (i.e., Member commercial enterprise but rather an defined as a member of any committee appointed Representative Directors) and the eight SRO registered pursuant to the Act and by the Board who has been elected or appointed non-industry representative directors subject to the obligations imposed by after having been nominated by the Member Nominating Committee pursuant to the Bylaws. See (i.e., Non-Industry Directors, including the Act. proposed Bylaw Article I(s), which is based on Public Directors or issuer NSM Bylaw Article I(r). representatives). The Exchange’s Chief Standing Committees 90 ‘‘Non-Industry member’’ will be defined as a member of any committee appointed by the Board Executive Officer was also elected to the The proposed new Sections 4, 5 and current Board by the Sole LLC Member, who is (i) a Public member; (ii) an officer or 6 of Bylaw Article III, which are based employee of an issuer of securities listed on the thereby satisfying the composition on Sections 4, 5 and 6 of the NSM national securities exchange operated by the requirements of CEO Director and Staff Exchange; or (iii) any other individual who would Bylaw Article III, would include Director under the Current Constitution not be an Industry member. See proposed Bylaw provisions governing the composition and proposed Bylaws. Article I(x), which is based on NSM Bylaw Article For the annual elections starting in and authority of various standing I(w). 91 ‘‘Public member’’ will be defined as a member 2018 and subject to approval by the committees established by the Board. Proposed new Section 4 of Bylaw of any committee appointed by the Board who has Commission, the Exchange will hold its no material business relationship with a broker or annual elections in accordance with the Article III would require prospective dealer, the Exchange or its affiliates, or FINRA. See processes contemplated in the New committee members, who are not proposed Bylaw Article I(aa), which is based on NSM Bylaw Article I(z). Governing Documents and as such, the Directors, to provide the Secretary of the Exchange with certain information to 92 See proposed Section 6(b)(v) of Bylaw Article III, which is based on Section 6(b)(v) of NSM Bylaw 87 See MRX Approval Order. classify a committee member as an Article III.

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structures of the Nasdaq Exchanges, and committee of the Board.95 Under the the financial operations of the Exchange are copied to the extent such new Section 5(a), the Executive instead of delegating these functions to committees are relevant to the Committee would be an optional standing committee, and would have to Exchange.93 committee, to be appointed only if option to appoint a Finance Committee Currently, the standing Board deemed necessary by the Board. The at the Board’s discretion. The committees of the Exchange are: An Exchange’s proposal is similar to all Exchange’s proposal is similar to all Executive Committee, a Corporate three Nasdaq Exchanges where the three Nasdaq Exchanges where the Governance Committee, a Finance and Exchange Committee is optional, at the Finance Committee is optional, at the 96 Audit Committee, a Compensation discretion of the Board. discretion of the Board.99 Furthermore, the HoldCo Audit Committee, and such other additional Elimination of the Current Finance and Committee also covers the functions of committees as may be established by Audit Committee Board resolution.94 As discussed above, the current Finance and Audit The Exchange also proposes to adopt Committee. The HoldCo Audit the Exchange also has an Exchange new Section 5(b), which provides that Director Nominating Committee, which Committee is composed of at least three the Board may appoint a Finance directors, all of whom must satisfy the is a committee of the Exchange and not Committee and delineates its the Board. All committee appointments standards for independence set forth in composition and functions. In 100 are made by the Board, and each Section 10A(m) of the Act and Rule particular, the Finance Committee will 5605 of NSM’s listing rules. All appointee serves for one year or until advise the Board with respect to the his or her successor is duly appointed. committee members must be able to oversight of the financial operations and read and understand financial Proposed Committees Composed Solely conditions of the Exchange, including statements, and at least one member of Directors recommendations for the Exchange’s must have past employment experience annual operating and capital budgets in finance or accounting, requisite New Section 5 of Bylaw Article III, and proposed changes to the rates and professional certification in accounting which copies the language in Section 5 fees charged by the Exchange. By or any other comparable experience or of NSM Bylaw Article III, provides for adopting new Section 5, the Exchange is background that results in the an Executive Committee, a Finance proposing to eliminate the current individual’s financial sophistication. Committee, and a Regulatory Oversight Finance and Audit Committee, and have The HoldCo Audit Committee has Committee. all of its duties and functions performed broad authority to review the financial Creation of an Executive Committee at the Board level, assigned to other information that will be provided to proposed Board committees or to the shareholders of HoldCo and others, The Exchange proposes to adopt new HoldCo audit committee (the ‘‘HoldCo systems of internal controls, and audit, 97 Section 5(a), which provides that the Audit Committee’’). financial reporting and legal and Board may appoint an Executive Pursuant to its current charter, the 98 compliance processes. Because Committee and delineates its Finance and Audit Committee is HoldCo’s financial statements are composition and functions. In primarily charged with: (i) Oversight of prepared on a consolidated basis that particular, the proposed Executive financial operations of the Exchange; (ii) includes the financial results of oversight of the Exchange’s financial Committee may exercise all the powers HoldCo’s subsidiaries, including the reporting process; (iii) oversight of the and authority of the Board in the Exchange and the other Nasdaq systems of internal controls established management of the business and affairs Exchange subsidiaries, HoldCo’s audit by management and the Board, and for of the Exchange between meetings of the committee purview necessarily includes monitoring compliance with laws and Board. The number of Non-Industry these subsidiaries. The Exchange notes regulations; (iv) evaluation of Directors on the Executive Committee that unconsolidated financial statements independent external auditors; and (v) must equal or exceed the number of of the Exchange will still be prepared direction and oversight of the internal Industry Directors on the Executive for each fiscal year in accordance with audit function. Under the new Section Committee. The percentage of Public the requirements set forth in its 5(b), the Board would retain oversight of Directors on the Executive Committee application for registration as a national must be at least as great as the securities exchange.101 To the extent the percentage of Public Directors on the 95 The Executive Committee (consisting of six directors, and with the number of non-industry current Finance and Audit Committee whole Board, and the percentage of representatives equaling or exceeding the number of oversees the Exchange’s financial Member Representative Directors on the Exchange Directors) on behalf of the Board and reporting process, its activities are Executive Committee must be at least as subject to its control, has all of the powers of the Board except the power to approve (i) any merger, duplicative of the activities of the great as the percentage of Member consolidation, sale or dissolution of the Exchange HoldCo Audit Committee, which is also Representative Directors on the whole or (ii) any matters pertaining to the self-regulatory charged with providing oversight over Board. Currently, the Executive function of the Exchange or relating to the structure financial reporting and independent Committee is a permanent standing of the market which the Exchange regulates. See Current Constitution, Section 5.2. auditor selection for HoldCo and all of 96 See Section 5(a) of NSM Bylaw Article III, its subsidiaries, including the Exchange 93 For example, the Exchange does not propose to Section 4.13(a) of the BX Bylaws and Section 5–2(a) and the other Nasdaq Exchange establish an Exchange Listing and Hearing Review of the Phlx Bylaws. subsidiaries. Similarly, the HoldCo Council because the Exchange does not offer any 97 See Article IV, Section 4.13(g) of the HoldCo original listings. Similarly, the Exchange does not By-Laws. See also the HoldCo Audit Committee Audit Committee has general propose to establish an Arbitration and Mediation Charter (available at http://ir.nasdaq.com/ responsibility for oversight over internal Committee as the Exchange’s arbitration and corporate-governance- controls, and direction and oversight mediation program is operated by the Financial document.cfm?DocumentID=195). over the internal audit function for Industry Regulatory Authority (‘‘FINRA’’) in 98 The current Finance and Audit Committee accordance with the FINRA rules pursuant to a must be composed of at least three (3) and not more 99 regulatory services agreement dated June 10, 2013, than five (5) directors, all of whom must be non- See Section 5(b) of NSM Bylaw Article III, as amended (‘‘RSA’’). Under the RSA, FINRA industry representatives. See Current Constitution, Section 4.13(b) of the BX Bylaws and Section 5–2(b) provides a comprehensive dispute resolution Section 5.5. In addition, committee members must of the Phlx Bylaws. program for Exchange members. be ‘‘financially literate’’ as determined by the 100 See U.S.C. 78j–1(m). 94 See Current Constitution, Article V. Board. 101 See MRX Approval Order.

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HoldCo and all of its subsidiaries. Thus, similarly report to the Exchange Board Committee 105 is primarily charged with the responsibilities of the Exchange’s and direct such reports to the new ROC. reviewing and approving compensation Finance and Audit Committee as it In addition, to ensure that the Exchange policies and plans for the Chief relates to the functions set forth in Board retains authority to direct the Executive Officer and other senior clauses (ii)–(v) above are fully Department’s activities with respect to executive officers of the Exchange. duplicated by the responsibilities of the the Exchange, the Department’s written Under the Nasdaq governance structure, HoldCo Audit Committee. Accordingly, procedures will to stipulate that the this function is performed by the the Exchange is proposing to allow the Exchange’s ROC may, at any time, direct HoldCo management compensation elimination of its Finance and Audit the Department to conduct an audit of committee or the full boards of the Committee. The Commission has a matter of concern to it and report the Nasdaq Exchanges. The HoldCo By- previously approved similar proposals results of the audit both to the Exchange Laws provide that its management by the Nasdaq Exchanges to eliminate ROC and the HoldCo Audit Committee. compensation committee (a committee their respective audit committees.102 The Internal Audit Department is consisting of at least two HoldCo board currently required to conduct such members meeting the independence and Creation of a Regulatory Oversight audits upon the request of the Nasdaq other eligibility standards in the listing Committee Exchange ROCs. rules of NSM) considers and The Exchange believes, however, that To effectuate this change, the recommends compensation policies, even in light of the HoldCo Audit Exchange proposes to adopt the new programs, and practices for employees Committee’s overall responsibilities for Section 5(c) providing for a ROC and of HoldCo. Because many employees internal controls and the internal audit delineating its composition and performing work for the Exchange are function, it is nevertheless important for functions. In particular, the proposed also employees of HoldCo, its the Board to maintain its own ROC’s responsibilities will be to: (i) compensation committee already independent oversight over the Oversee the adequacy and effectiveness performs these functions for such Exchange’s controls and internal audit of the Exchange’s regulatory and self- employees. Moreover, certain of its matters relating to the Exchange’s regulatory organization responsibilities; senior officers are also officers of operations. Therefore, the Exchange is (ii) assess the Exchange’s regulatory HoldCo and other HoldCo subsidiaries proposing to create a Regulatory performance; and (iii) assist the Board because their responsibilities relate to Oversight Committee (‘‘ROC’’) so that and other committees of the Board in multiple entities within the HoldCo regulatory oversight functions formerly reviewing the regulatory plan and the corporate structure. Accordingly, performed by the Finance and Audit overall effectiveness of the Exchange’s HoldCo pays these individuals and Committee may be assumed by the new regulatory functions. In furtherance of establishes compensation policy for committee.103 Like the ROCs of the its functions, the ROC shall: (A) Review them. Most notably, the current Chief Nasdaq Exchanges, the new committee the Exchange’s regulatory budget and Executive Officer of the Exchange is also will have broad authority to oversee the specifically inquire into the adequacy of an ‘‘executive officer’’ of HoldCo within adequacy and effectiveness of the resources available in the budget for the meaning of NSM Rule 5605. Under Exchange’s regulatory and self- regulatory activities; (B) meet regularly that rule, the compensation of executive regulatory organization responsibilities, with the Exchange’s Chief Regulatory officers of an issuer of securities, such and will therefore be able to maintain Officer in executive session; and (C) be as the common stock of HoldCo, that is oversight over controls in tandem with informed about the compensation and listed on NSM, must be determined by, the HoldCo Audit Committee’s overall promotion or termination of the Chief or recommended to the board of oversight responsibilities. Regulatory Officer and the reasons directors for determination by, a Similarly, it is already a formal therefor. The Exchange proposes that majority of independent directors or a practice of HoldCo’s Internal Audit the ROC shall consist of three members, compensation committee comprised Department, which performs internal each of whom shall be a Public Director solely of independent directors. audit functions for all HoldCo and an ‘‘independent director’’ as Accordingly, the HoldCo board of subsidiaries, to report to the Nasdaq defined in Rule 5605 of the Rules of The directors and/or its compensation Exchange boards on all Nasdaq NASDAQ Stock Market, LLC. committee is legally required to Exchange-related internal audit matters Given the expansive regulatory and establish the compensation for this and to direct such reports to the ROCs internal oversight of the proposed ROC individual. of the Nasdaq Exchanges.104 The and HoldCo Audit Committee, coupled To the extent that policies, programs, Exchange proposes that the HoldCo with the oversight and responsibilities and practices must also be established Internal Audit Department would also of the full Board and HoldCo’s Internal for any Exchange officers or employees Audit Department, the Exchange who are not also HoldCo officers or 102 See Securities Exchange Act Release No. believes that all of the duties and employees, the Board would perform 60276 (July 9, 2009), 74 FR 34840 (July 17, 2009) functions of the eliminated Finance and such actions without the use of a (SR–NASDAQ–2009–042); Securities Exchange Act Audit Committee would continue to be Release No. 60247 (July 6, 2009), 74 FR 33495 (July compensation committee (but subject to 106 13, 2009) (SR–BX–2009–021); and Securities performed in the new governance the recusal of the Staff Directors). Exchange Act Release No. 60687 (September 18, structure as proposed herein. 105 2009), 74 FR 49060 (September 25, 2009) (SR–Phlx– Elimination of the Current The committee must be composed of at least 2009–59). three and not more than five directors who must all 103 See proposed Section 5(c) of Bylaw Article III. Compensation Committee meet the ‘‘Non-Industry Director’’ qualifications The Nasdaq Exchanges also have Regulatory By adopting the new Board under the Current Constitution. See Current Oversight Committees, which have the same Constitution, Section 5.6. authority in all material respects to the proposed committees in Section 5, the Exchange 106 As discussed in the proposed Board ROC. See Section 5(c) of NSM Bylaw Article III, also proposes to eliminate its current composition section above, ‘‘Staff Directors’’ would Section 4.13(c) of the BX Bylaws and Section 5–2(c) Compensation Committee, and to be Exchange directors that are also serving as of the Phlx Bylaws. prescribe that its duties be performed by officers. Since the Board would not be responsible 104 See the Regulatory Oversight Committee for setting the compensation of any Staff Directors Charter of NSM, Phlx and BX (available at http:// the HoldCo management compensation who are also officers of HoldCo, they would be ir.nasdaq.com/corporate-governance- committee or the full Board when permitted to participate in discussions concerning document.cfm?DocumentID=1097). required. The Compensation compensation of Exchange employees, but would

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Finally, it should be noted that under performance; and (iii) assist the Board Representative Directors to the Board or the new Section 5(c) of Bylaw Article and other committees of the Board in (ii) the nomination for appointment of III, the ROC of the Board would be reviewing the regulatory plan and the Member Representative members to the informed about the compensation and overall effectiveness of the Exchange’s committees requiring such members, promotion or termination of the regulatory functions. Its duties would would replace the Exchange Director Exchange’s Chief Regulatory Officer and include reviewing the Exchange’s Nominating Committee. The the reasons therefor, to allow the ROC regulatory budget and inquiring into the composition requirements of the to provide oversight over decisions adequacy of resources available in the Member Nominating Committee are affecting this key officer. Therefore, the budget for regulatory activities; meeting discussed in the Nomination and Exchange believes that the duties and regularly with the Exchange’s Chief Election Process section above. functions of the eliminated Regulatory Officer in executive session; Creation of a Nominating Committee Compensation Committee would and having oversight over continue to be performed and covered compensation, hiring and termination The new Nominating Committee will in the new corporate governance decisions affecting this key officer as nominate candidates for all other vacant structure proposed by the New discussed above. or new Director positions on the Board, Governing Documents. The Commission As it relates to the general supervision and therefore, would perform the non- has previously approved proposals by over the corporate governance of the industry representative nomination the Nasdaq Exchanges to eliminate their Exchange, the full Board would perform function currently assigned to the respective compensation committees.107 such functions without the use of a Corporate Governance Committee. The corporate governance committee, Nominating Committee will consist of Elimination of the Current Corporate no fewer than six and no more than nine Governance Committee similar to the boards of the Nasdaq Exchanges.110 In particular, the full members, and the number of Non- Finally, the Exchange also proposes to Board, led by the Chair of the Board,111 Industry members (i.e. committee eliminate the current Corporate would perform annual self-assessments, members not associated with broker- Governance Committee, and to prescribe oversee annual formal director and dealers) shall equal or exceed the that its duties be performed by the new Chair evaluations, and periodically number of Industry members on the Nominating Committee (as discussed review the allocations of powers Nominating Committee. If the below), the new ROC or by the full between management and the Board. Nominating Committee consists of six members, at least two shall be Public Board when required. The Corporate Therefore, the Exchange believes that 108 members. If the Nominating Committee Governance Committee is primarily the duties and functions of the consists of seven or more members, at charged with: (i) Nominating candidates eliminated Corporate Governance least three shall be Public members. No for all vacant or new non-industry Committee would continue to be officer or employee of the Exchange representative positions on the Board, performed and covered in the new shall serve as a member of the (ii) overseeing the Exchange’s regulatory corporate governance structure Nominating Committee in any voting or activities and program, and (iii) proposed by the New Governing non-voting capacity. No more than three overseeing and evaluating the Documents. governance of the Exchange. As of the Nominating Committee members discussed below, the Exchange is Proposed Committees Not Composed and no more than two of the Industry proposing to establish a new Solely of Directors members shall be current Directors. A Nominating Committee that would In addition to the proposed Board Nominating Committee member may nominate candidates for all vacant or committees discussed above, new not simultaneously serve on the new non-Member Representative Section 6 of Bylaw Article III provides Nominating Committee and the Board, Director positions on the Board, and for the appointment by the Board of unless such member is in his or her therefore would perform the Non- certain standing committees, not final year of service on the Board, and Industry Director nominating functions composed solely of Directors, to following that year, that member may of the current Corporate Governance administer various provisions of the not stand for election to the Board until 109 Committee. Furthermore, the new rules that the Exchange expects to such time as he or she is no longer a ROC would have to carry out the propose with respect to governance, member of the Nominating Committee. regulatory oversight tasks currently options trading and member discipline. Nominating Committee members will be within purview of the Corporate By adopting Section 6, the Exchange appointed annually by the Board and Governance Committee. In particular, proposes to eliminate certain standing may be removed by a majority vote of 112 the new ROC would (i) oversee the committees and have their relevant the Board. adequacy and effectiveness of the functions performed by the new Creation of a Quality of Markets Exchange’s regulatory and self- committees, each as described below. Committee regulatory organization responsibilities; (ii) assess the Exchange’s regulatory Creation of a Member Nominating The new Quality of Markets Committee Committee (the ‘‘QMC’’), which is recuse themselves from a vote on the subject to The new Member Nominating modeled off of the QMCs of the Nasdaq allow the determination to be made by directors 113 Committee, responsible for: (i) The Exchanges, will have the following that are not officers or employees of the Exchange. functions: (i) To provide advice and If a Staff Director was an officer or employee of the nomination for election of Member Exchange but not of HoldCo, that Staff Director guidance to the Board on issues relating would also absent himself or herself from any 110 See the Corporate Governance Guidelines of to the fairness, integrity, efficiency, and deliberations regarding his or her compensation. NSM, Phlx and BX (available at http:// 107 See note 102 above. ir.nasdaq.com/corporate-governance- 112 See Section 6(b) of NSM Bylaw Article III, 108 The committee must consist of at least three document.cfm?DocumentID=6027). Section 4.14(b) of the BX Bylaws and Section 5–3(a) directors, all of whom are required to meet the 111 The Board Chair will be an ‘‘independent of the Phlx Bylaws for similar provisions related to ‘‘Non-Industry Director’’ standards under the director’’ (i.e. person other than an officer or the Nominating Committee. Current Constitution. See Current Constitution, employee of HoldCo or its subsidiaries, including 113 See Section 6(c) of NSM Bylaw Article III, Section 5.4. the Exchange) as provided under the listing rules Section 4.14(c) of the BX Bylaws and Section 5–3(c) 109 See proposed Section 6(b) of Bylaw Article III. of NSM and SEC requirements. of the Phlx Bylaws.

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competitiveness of the information, Officer, a Secretary, an Assistant D. Rules order handling, and execution Secretary, a Treasurer, and an Assistant The Exchange proposes to amend its 115 mechanisms of the Exchange from the Treasurer. The Exchange notes that current Rules to reflect the changes to perspective of investors, both individual proposed Section 7 of Bylaw Article IV its constituent documents through the and institutional, retail firms, market specifically provides for a Chief adoption of the New Governing making firms and other market Regulatory Officer,116 who would have Documents to replace the Current participants; and (ii) to advise the Board general supervision of the regulatory Governing Documents.118 All of the with respect to national market system operations of the Exchange, including proposed changes are non-substantive, plans and linkages between the facilities responsibility for overseeing the and primarily reflect the changing of the Exchange and other markets. The Exchange’s surveillance, examination, terminology from ‘‘Constitution’’ to ‘‘By- QMC shall include broad representation and enforcement functions and for Laws,’’ 119 or to remove references to the of participants in the Exchange, administering any regulatory services Current LLC Agreement 120 as these will including investors, market makers, agreements with another SRO to which become obsolete under the Proposed retail firms, and order entry firms. The the Exchange is a party. The Chief Rule Change. Furthermore, a number of QMC shall include a number of Member Regulatory Officer shall meet with the defined terms used in the Rules refer Representative members that is equal to Regulatory Oversight Committee of the back to the Current LLC Agreement or at least 20% of the total number of Exchange in executive session at the Current Constitution for their members of the QMC. The number of meanings. As discussed below, the Non-Industry members on the proposed regularly scheduled meetings of such Exchange proposes to add these defined QMC shall equal or exceed the sum of committee, and at any time upon terms originally contained in the the number of Industry members and request of the Chief Regulatory Officer Current Governing Documents as new Member Representative members. A or any member of the Regulatory Rules. In addition, a number of existing quorum of the QMC will consist of a Oversight Committee. The Chief Rules contain references to the Current majority of its members, including not Regulatory Officer may also serve as the Governing Documents, and the less than 50% of its Non-Industry General Counsel of the Exchange. Exchange proposes to amend these members, unless this requirement is Bylaw Article VII, titled provisions either by (i) replacing those waived pursuant to proposed Section ‘‘Miscellaneous Provisions,’’ contains references with references to the New 6(c)(iii) of Bylaw Article III. standard limited liability company Governing Documents or (ii) importing Other Proposed Bylaw Provisions provisions relating to waiver of notice of language originally found in the Current meetings and the Exchange’s contracting Proposed Section 7 of Bylaw Article Governing Documents, as further ability. Article VIII, titled described below. Finally, the Exchange III contains standard provisions for a ‘‘Amendments; Emergency By-Laws,’’ Delaware limited liability company proposes to make a number of technical authorizes amendments to the By-Laws requiring recusal by Directors or amendments to renumber the Rules, by either the Sole LLC Member or the committee members subject to a conflict which is a result of adding the new vote of a majority of the whole Board,117 of interest, and providing for the definitions as further discussed below. as well as the adoption of emergency by- enforceability of contracts in which a In Rule 100, titled ‘‘Definitions,’’ the Director has an interest if appropriately laws by the Board. Other than as noted Exchange proposes to make the above, Articles VII and VIII mirror the following changes: approved or ratified by disinterested • Directors. This language is based on language in Articles VII and VIII of the Rule 100(a) currently refers to Section 7 of NSM Bylaw Article III. NSM Bylaws. Article XIII of the Current Constitution Proposed Section 8 of Bylaw Article III Article IX, titled ‘‘Exchange as containing certain defined terms that allows for reasonable compensation of Authorities,’’ which mirrors NSM Bylaw are also used in the Exchange’s the Board and committee members, and Article IX, contains specific rulebook. The proposed change would mirrors Section 8 of NSM Bylaw Article authorization for the Board to adopt replace the reference to Article XIII of III. rules needed to effect the Exchange’s the Current Constitution with references Bylaw Article IV, titled ‘‘Officers, obligations as an SRO, to establish to the proposed LLC Agreement and By- Agents, and Employees,’’ contains Laws. disciplinary procedures and impose • provisions governing the Exchange’s sanctions on its members, to establish Rule 100(a)(5) ‘‘board of directors’’ officers, agents and employees, and is standards for membership, to impose or ‘‘Board’’ currently refers to Article I based on Article IV of the NSM Bylaws. dues, fees, assessments, and other of the LLC Agreement. The proposed change reflects that this definition will Proposed Section 1 of Bylaw Article IV charges and to take action under be set forth in Article I of the new provides that the Board may delegate emergency or extraordinary market the duties and powers of any officer of Bylaws. conditions. • the Exchange to any other officer or to Rule 100(a)(12) ‘‘CMM Rights’’ currently refers to Article VI of the any Director for a specified period of 115 See NSM Bylaw Article IV for substantially time and for any reason that the Board similar provisions. Current LLC Agreement. The proposed may deem sufficient. Proposed Section 116 Sections 4.1 and 4.7 of the Current change would relocate the concept of 2 discusses how an officer of the Constitution also specifically provide for a Chief CMM Rights from the Current LLC Exchange may resign or may be Regulatory Officer. Agreement to this Rule, and would state 117 As proposed, all such changes must be filed that the term CMM Rights means the removed. Proposed Sections 3 through with the Commission under Section 19(b) of the 11 each specifically provides for the Act, 15 U.S.C. 78s(b), and become effective appointment of a Chair of the Board,114 thereunder before being implemented. See 118 The amended Rules were filed as part of the a Chief Executive Officer, a President, proposed Bylaw Article VIII, Section 1. The BX Proposed Rule Change as Exhibit 5E. Bylaws and the NSM Bylaws do not have a similar 119 In particular, the proposed changes are in Vice Presidents, a Chief Regulatory requirement, but Phlx has a similar requirement in Rules 200, 202, 203, 305(a), 307(c), 307(d), and Section 6–9 of the Phlx Bylaws. BX and NSM will 711(a), as well as in .01(b)(2)(iii) of Supplementary 114 The Chair of the Board would be an each separately file proposed rule changes with the Material to Rule 706. independent Director as defined in Rule 5605 of the Commission to add this requirement in their 120 In particular, the proposed changes are in listing rules of The NASDAQ Stock Market, LLC. respective governing documents. See note 46 above. Rules 100(a)(22A), 302(c), and 302(e).

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non-transferable rights held by a ‘‘long position,’’ respectively, would be In Rule 309 ‘‘Limitation on Affiliation Competitive Market Maker.121 renumbered as Rules 100(a)(25)–(27). between the Exchange and Members,’’ • New Rule 100(a)(13) ‘‘Competitive • Rule 100(a)(22A) ‘‘LLC Agreement’’ the Exchange proposes to replace Market Maker’’ would be relocated from would be deleted as that term would no references to ‘‘Exchange Director’’ and Section 13.1(f) of the Current longer be used in the Rules, as amended ‘‘Constitution’’ with ‘‘Member Constitution. Currently, this term is by this rule change. Representative Director’’ and ‘‘By- used throughout the Exchange’s • Rules 100(a)(23)–(35) ‘‘Member,’’ Laws,’’ respectively, for the reasons rulebook, but the definition is only ‘‘Membership,’’ ‘‘market makers,’’ discussed above. Lastly, the proposed found in the Current Constitution. ‘‘Market Maker Rights,’’ ‘‘Non- changes in Rule 713(a) and Rule • Rules 100(a)(13)–(14) ‘‘covered Customer,’’ ‘‘Non-Customer Order,’’ 720(a)(1) reflect the renumbering of the short position’’ and ‘‘discretion,’’ ‘‘offer,’’ ‘‘opening purchase defined terms ‘‘offer,’’ ‘‘quotations,’’ respectively, would be renumbered as transaction,’’ ‘‘opening writing ‘‘Priority Customer Orders,’’ Rules 100(a)(14)–(15). transaction,’’ ‘‘Voluntary Professional,’’ ‘‘Professional Orders,’’ and ‘‘Priority • Rule 100(a)(15) ‘‘EAM Rights’’ ‘‘options contract,’’ ‘‘OPRA,’’ ‘‘order’’ Customer.’’ currently refers to Article VI of the and ‘‘outstanding,’’ respectively, would 2. Statutory Basis Current LLC Agreement. The proposed be renumbered as Rules 100(a)(28)–(40). change would relocate the concept of • Rule 100(a)(36) ‘‘PMM Rights’’ The Exchange believes that its EAM Rights from the Current LLC currently refers to Article VI of the proposal is consistent with Section 6(b) Agreement to this Rule, and would state Current LLC Agreement. The proposed of the Act 126 in general, and furthers the that EAM Rights means the non- change would relocate the concept of objectives of Section 6(b)(1) of the transferable rights held by an Electronic PMM Rights from the Current LLC Act 127 in particular, in that it enables Access Member.122 The Rule would also Agreement to this Rule, and would state the Exchange to be so organized as to be renumbered as Rule 100(a)(16). that PMM Rights means the non- have the capacity to be able to carry out • New Rule 100(a)(17) ‘‘Electronic transferable rights held by a Primary the purposes of the Act and to comply, Access Member’’ would be relocated Market Maker.124 The Rule would also and to enforce compliance by its from Section 13.1(j) of the Current be renumbered as Rule 100(a)(41). exchange members and persons Constitution. Currently, this term is • New Rule 100(a)(42) ‘‘Primary associated with its exchange members, used throughout the Exchange’s Market Maker’’ would be relocated from with the provisions of the Act, the rules rulebook, but the definition is only Section 13.1(z) of the Current and regulations thereunder, and the found in the Current Constitution. Constitution. Currently, this term is rules of the Exchange. The Exchange • Rules 100(a)(16) and (17) used throughout the Exchange’s also believes that this proposal furthers ‘‘European-style option,’’ ‘‘Exchange rulebook, but the definition is only the objectives of Section 6(b)(3) and Act’’ and ‘‘Exchange Rights,’’ found in the Current Constitution. (b)(5) of the Act 128 in particular, in that respectively, would be renumbered as • Rules 100(a)(37), (37A), (37B), it is designed to assure a fair Rules 100(a)(18)–(20).123 (37C), (38)–(48) ‘‘primary market,’’ representation of Exchange members in • New Rule 100(a)(21) ‘‘Exchange ‘‘Priority Customer,’’ ‘‘Priority Customer the selection of its directors and Transaction’’ would be relocated from Order,’’ ‘‘Professional Order,’’ ‘‘Public administration of its affairs and provide Section 13.1(p) of the Current Customer,’’ ‘‘Public Customer Order,’’ that one or more directors would be Constitution. Currently, this term is ‘‘put,’’ ‘‘Quarterly Options Series,’’ representative of issuers and investors used throughout the Exchange’s ‘‘quote’’ or ‘‘quotation,’’ ‘‘Rules of the and not be associated with a member of rulebook, but the definition is only Clearing Corporation,’’ ‘‘SEC,’’ ‘‘series of the exchange, broker, or dealer; and is found in the Current Constitution. options,’’ ‘‘short position,’’ ‘‘Short Term designed to promote just and equitable • Rules 100(a)(18) and (19) ‘‘exercise Option Series’’ and ‘‘SRO,’’ respectively, principles of trade, to remove price’’ and ‘‘Federal Reserve Board,’’ would be renumbered as Rules impediments to and perfect the respectively, would be renumbered as 100(a)(43), (43A), (43B), (43C), (44)–(54). mechanism of a free and open market Rules 100(a)(22) and (23). • New Rule 100(a)(55) ‘‘System’’ and a national market system, and, in • New Rule 100(a)(24) ‘‘good would be relocated from Section general to protect investors and the standing’’ would be relocated from 13.1(ee) of the Current Constitution. public interest. Section 13.1(q) of the Current Currently, this term is used throughout The Exchange believes that its Constitution. Currently, this term is the Exchange’s rulebook, but the proposal to adopt the Board and used throughout the Exchange’s definition is only found in the Current committee structure and related rulebook, but the definition is only Constitution. nomination and election processes set found in the Current Constitution. • Rules 100(a)(49)–(51) ‘‘type of forth in New Governing Documents are • Rules 100(a)(20)–(22) ‘‘he,’’ ‘‘him’’ option,’’ ‘‘uncovered’’ and ‘‘underlying consistent with the Act, including or ‘‘his,’’ ‘‘ISE,’’ ‘‘Nasdaq GEMX,’’ and security,’’ respectively, would be Section 6(b)(1) of the Act, which renumbered as Rules 100(a)(56)–(58). requires, among other things, that a 121 CMM Rights are non-transferable rights in that In Rule 304(b), the Exchange is national securities exchange be the holders of CMM Rights may not lease or sell proposing to replace the references to organized to carry out the purposes of these rights. As discussed in the LLC Agreement the Act and comply with the section above, all Exchange Rights (i.e., PMM, CMM the Current Governing Documents with and EAM Rights) convey voting rights and trading the proposed Bylaws to state that no requirements of the Act. In general, the privileges on the Exchange. From MRX’s inception, Exchange member shall exercise voting proposed changes would make the the voting rights and trading privileges associated Exchange’s Board and committee with the PMM, CMM, and EAM Rights have never rights in excess of those permitted 125 composition requirements, and related been transferable. See MRX Approval Order. under the Bylaws. 122 See note 121 above. 123 ‘‘European-style option’’ and ‘‘Exchange Act’’ 124 See note 121 above. 20% voting limitation is also in Section 6.3(b) of the are both inadvertently numbered as Rule 100(a)(16) 125 See proposed Bylaw Article II, Section 2. An Current LLC Agreement. in the current Rules, so the proposed changes will Exchange Member, either alone or together with its 126 15 U.S.C. 78f(b). renumber these Rules as Rules 100(a)(18) and (19), affiliates, may not cast votes representing more than 127 15 U.S.C. 78f(b)(1). respectively. 20% of the votes cast for a candidate. A similar 128 15 U.S.C. 78f(b)(3) and (b)(5).

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nomination and election processes, regulatory obligations in furtherance of that the Nominating Committee and the more consistent with those of its Section 6(b)(1) of the Act. QMC must be compositionally balanced affiliates, BX, NSM and Phlx. The The Exchange also believes that the between Industry members and Non- Exchange therefore believes that the proposed 20% requirement for Member Industry members. The proposed proposed changes would contribute to Representative Directors and the compositional requirements are the orderly operation of the Exchange proposed method for selecting Member designed to ensure that members are and would enable the Exchange to be so Representative Directors would ensure protected from unfair, unfettered actions organized as to have the capacity to fair representation of Exchange by an exchange pursuant to its rules, carry out the purposes of the Act and members on the Board and allow and that, in general, an exchange is comply with the provisions of the Act members to have a voice in the administered in a way that is equitable by its members and persons associated Exchange’s use of its self-regulatory to all those who trade on its market or with members. authority. In particular, the Exchange through its facilities. notes that the Member Nominating Moreover, the Exchange believes that Additionally, the Exchange believes Committee would be composed solely of the new corporate governance that the New Governing Documents persons associated with Exchange framework and related processes support a corporate governance members and is selected after proposed by the New Governing framework that is designed to insulate consultation with representatives of Documents are consistent with Section the Exchange’s regulatory functions Exchange members. In addition, the 6(b)(5) of the Act because they are from its market and other commercial new Bylaws include a process by which identical to the framework and interests so that the Exchange can carry Exchange members can directly petition processes used by the Nasdaq out its regulatory obligations in and vote for representation on the Exchanges, which have been well- furtherance of Section 6(b)(1) of the Act. Board. For the foregoing reasons, the established as fair and designed to Specifically, the Exchange believes that Exchange believes that the proposed protect investors and the public interest. creation of a ROC, modeled on the change to remove the Exchange Director The Exchange believes that adopting the approved ROCs of other Nasdaq positions and related concepts from its New Governing Documents based on the Exchanges, and the inclusion of the organizational documents is consistent NSM model would streamline the Chief Regulatory Officer in the proposed with fair representation requirement Nasdaq Exchanges’ governance process, Bylaws, would underscore the under the Act. Specifically, Exchange create equivalent governing standards importance of the Exchange’s regulatory members will continue to be among HoldCo’s SROs and also provide function and specifically empower an represented on the Board and on key clarity to its members, which is independent committee of the Board to standing committees, and will have a beneficial to both investors and the oversee regulation and meet regularly voice in the selection of Member public interest. with the Chief Regulatory Officer. Representative Directors through the Finally, the proposed amendments to Furthermore, proposed language in the Member Nominating Committee and the Rules as discussed above are non- New Governing Documents specifically through their ability to petition and vote substantive changes to clarify the rule providing that the Exchange’s business on alternate candidates. As noted above, text where the Rule referred only to the and the Board’s evaluations would the trading privileges associated with Current LLC Agreement or to the include actions and evaluations that the Exchange Rights, which are Current Constitution, and also the support and take into account its currently located in the Exchange’s technical amendments to renumber regulatory responsibilities under the organizational documents, are already certain Rules. Act, reinforce the notion that the substantively in the Exchange’s rulebook, and the Rules would be B. Self-Regulatory Organization’s Exchange is not solely a commercial Statement on Burden on Competition enterprise, but an SRO subject to the clarified to the extent such Rules refer back to the Current Governing obligations imposed by the Act. The Because the Proposed Rule Change Documents. relates to the corporate governance of restriction on using Regulatory Funds to The Exchange also believes that the pay dividends to the Sole LLC Member the Exchange and not to the operations proposed Board and composition of the Exchange, the Exchange does not further underscores the independence of requirements set forth in the New the Exchange’s regulatory function. believe that the proposed rule change Governing Documents is consistent with will impose any burden on competition Finally, the Exchange believes that the the requirements of Section 6(b)(3) of proposed requirements to include not necessary or appropriate in the Act, because the Public Director furtherance of the purposes of the Act. Public Directors on the Board (at least positions on the Board and on the ROC two Directors) and that on the ROC (all would include the representatives of C. Self-Regulatory Organization’s three Directors) would help to ensure issuers and investors with no material Statement on Comments on the that no single group of market business relationship with a broker Proposed Rule Change Received From participants will have the ability to dealer or the Exchange. Further, the Members, Participants, or Others systematically disadvantage other Exchange believes that the proposed No written comments were either market participants through the compositional balance of the proposed solicited or received. exchange governance process, and committees continues to provide for the would foster the integrity of the fair representation of members in the III. Date of Effectiveness of the Exchange by providing unique, administration of the affairs of the Proposed Rule Change and Timing for unbiased perspectives. Accordingly, the Exchange. In particular, all members of Commission Action Exchange believes that the new board the new Member Nominating Within 45 days of the date of and committee structure contemplated Committee must be associated persons publication of this notice in the Federal by the proposed New Governing of an Exchange member. In addition, at Register or within such longer period (i) Documents is designed to insulate the least 20% of the new QMC must be as the Commission may designate up to Exchange’s regulatory functions from its composed of Member Representative 90 days of such date if it finds such market and other commercial interests members. Moreover, the proposed longer period to be appropriate and so that the Exchange can carry out its compositional requirements provide publishes its reasons for so finding or

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(ii) as to which the Exchange consents, For the Commission, by the Division of the places specified in Item IV below. the Commission shall: (a) By order Trading and Markets, pursuant to delegated The Exchange has prepared summaries, approve or disapprove such proposed authority.129 set forth in sections A, B, and C below, rule change, or (b) institute proceedings Eduardo A. Aleman, of the most significant parts of such to determine whether the proposed rule Assistant Secretary. statements. change should be disapproved. [FR Doc. 2017–21538 Filed 10–5–17; 8:45 am] A. Self-Regulatory Organization’s IV. Solicitation of Comments BILLING CODE 8011–01–P Statement of the Purpose of, and Interested persons are invited to Statutory Basis for, the Proposed Rule submit written data, views, and SECURITIES AND EXCHANGE Change arguments concerning the foregoing, COMMISSION 1. Purpose including whether the proposed rule [Release No. 34–81796; File No. SR– The Exchange proposes to amend the change is consistent with the Act. NYSEArca–2017–105] Exchange’s Schedule of Fees and Comments may be submitted by any of Charges (‘‘Schedule’’) relating to the the following methods: Self-Regulatory Organizations; NYSE ‘‘Listing Fee’’ applicable to Exchange- Electronic Comments Arca, Inc.; Notice of Filing and Traded Products (‘‘ETPs’’), effective Immediate Effectiveness of Proposed • Use the Commission’s Internet September 19, 2017, as described Rule Change To Amend the Schedule below.4 comment form (http://www.sec.gov/ of Fees and Charges Relating to the rules/sro.shtml); or Currently the Schedule does not Listing Fees Applicable to Exchange impose a Listing Fee for the following • Send an email to rule-comments@ Traded Products ETPs listed on the Exchange pursuant to sec.gov. Please include File Number SR– Rule 19b–4(e) under the Act, and for MRX–2017–18 on the subject line. October 2, 2017. Pursuant to Section 19(b)(1) 1 of the which a proposed rule change pursuant Paper Comments Securities Exchange Act of 1934 to Section 19(b) of the Act is not • Send paper comments in triplicate (‘‘Act’’) 2 and Rule 19b–4 thereunder,3 required to be filed with the 5 to Brent J. Fields, Secretary, Securities notice is hereby given that on Commission: Investment Company and Exchange Commission, 100 F Street September 19, 2017, NYSE Arca, Inc. Units; Portfolio Depositary Receipts; NE., Washington, DC 20549–1090. (‘‘Exchange’’ or ‘‘NYSE Arca’’) filed Currency Trust Shares and Managed with the Securities and Exchange Fund Shares (collectively, ‘‘Generically- All submissions should refer to File Listed Exchange Traded Products’’).6 Number SR–MRX–2017–18. This file Commission (‘‘Commission’’) the proposed rule change as described in Certain other ETPs—specifically, number should be included on the Trust Issued Receipts,7 Commodity- subject line if email is used. To help the Items I, II, and III below, which Items have been prepared by the Exchange. Commission process and review your 4 For the purposes of the Schedule, the term comments more efficiently, please use The Commission is publishing this ‘‘Exchange Traded Products’’ includes securities only one method. The Commission will notice to solicit comments on the described in NYSE Arca Rules 5.2–E(j)(3) post all comments on the Commission’s proposed rule change from interested (Investment Company Units); 8.100–E (Portfolio persons. Depositary Receipts); 8.200–E (Trust Issued Internet Web site (http://www.sec.gov/ Receipts); 8.201–E (Commodity-Based Trust rules/sro.shtml). Copies of the I. Self-Regulatory Organization’s Shares); 8.202–E (Currency Trust Shares); 8.203–E submission, all subsequent Statement of the Terms of Substance of (Commodity Index Trust Shares); 8.204–E amendments, all written statements (Commodity Futures Trust Shares); 8.300–E the Proposed Rule Change (Partnership Units); 8.500–E (Trust Units); 8.600–E with respect to the proposed rule The Exchange proposes to amend the (Managed Fund Shares), and 8.700–E (Managed change that are filed with the Trust Securities). Commission, and all written Exchange’s ‘‘Schedule of Fees and 5 Exchange rules applicable to Trust Issued communications relating to the Charges’’ relating to the Listing Fee Receipts (Commentary .02 to NYSE Arca Rule proposed rule change between the applicable to Exchange Traded 8.200–E); Commodity-Based Trust Shares (NYSE Products, effective September 19, 2017. Arca Rule 8.201–E), Commodity Index Trust Shares Commission and any person, other than (NYSE Arca Rule 8.203–E),, [sic] Commodity those that may be withheld from the The proposed rule change is available Futures Trust Shares (NYSE Arca Rule 8.204–E), public in accordance with the on the Exchange’s Web site at Partnership Units (NYSE Arca Rule 8.300–E), Trust provisions of 5 U.S.C. 552, will be www.nyse.com, at the principal office of Units (NYSE Arca Rule 8.500–E), and Managed the Exchange, and at the Commission’s Trust Securities (NYSE Arca Rule 8.700–E) do not available for Web site viewing and provide for listing pursuant to Rule 19b–4(e) under printing in the Commission’s Public Public Reference Room. the Act. Reference Room, 100 F Street NE., II. Self-Regulatory Organization’s 6 See Securities Exchange Act Release Nos. 77883 Washington, DC 20549, on official (May 23, 2016), 81 FR 33720 (May 27, 2016) (SR– Statement of the Purpose of, and NYSEArca–2016–69) (Notice of Filing and business days between the hours of Statutory Basis for, the Proposed Rule Immediate Effectiveness of Proposed Rule Change 10:00 a.m. and 3:00 p.m. Copies of the Change Amending the Exchange’s Schedule of Fees and filing also will be available for Charges to Eliminate the Listing Fee in Connection inspection and copying at the principal In its filing with the Commission, the with Exchange Listing of Certain Exchange Traded self-regulatory organization included Products); 78633 (August 22, 2016), 81 FR 59025 office of the Exchange. All comments (August 26, 2016) (SR–NYSEArca–2016–114) received will be posted without change; statements concerning the purpose of, and basis for, the proposed rule change (Notice of Filing and Immediate Effectiveness of the Commission does not edit personal Proposed Rule Change Amending the Exchange’s identifying information from and discussed any comments it received Schedule of Fees and Charges to Eliminate the Listing Fee in Connection with Exchange Listing of submissions. You should submit only on the proposed rule change. The text of those statements may be examined at Certain Exchange Traded Products). information that you wish to make 7 Commentary .01 to NYSE Arca Rule 8.200–E available publicly. All submissions provides generic standards for listing Trust Issued 129 17 CFR 200.30–3(a)(12). should refer to File Number SR–MRX– Receipts pursuant to Rule 19b–4(e) under the Act. 1 15 U.S.C. 78s(b)(1). However, the Exchange does not currently intend 2017–18 and should be submitted on or 2 15 U.S.C. 78a. to list Trust Issued Receipts under Commentary .01, before October 27, 2017. 3 17 CFR 240.19b–4. Continued

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Based Trust Shares, Commodity Index the Exchange believes it is appropriate Generically-Listed Exchange Traded Trust Shares, Commodity Futures Trust to provide a cap on the Listing Fee for Products would be subject to the same Shares, Partnership Units, Trust Units, multiple ETPs from the same issuer, as Listing Fee following the proposed and non-generically-listed Investment described above, because such a cap Listing Fee reduction. Company Units, Portfolio Depositary will facilitate the issuance of additional With respect to the aggregate Receipts, Managed Fund Shares, and ETPs, which may provide enhanced maximum Listing Fee of $22,500 for Currency Trust Shares—are subject to a competition among ETP issuers, while Listing Fee of $7,500.8 Under Item 5b of providing a reduction in fees to certain three or more ETPs, as described above, the Schedule, Managed Trust Securities issuers listing multiple ETPs during a the Exchange believes it is appropriate are subject to a Listing Fee of $10,000. calendar year. The proposed cap would to provide a cap on the Listing Fee for The Exchange proposes to amend the apply equally to all issuers listing multiple ETPs from the same issuer Listing Fee applicable to ETPs in two multiple ETPs on the Exchange during because such a cap will facilitate the respects. First, the Exchange proposes to a calendar year. The Exchange believes issuance of additional ETPs, which may reduce the listing fee for Managed Trust that a Listing Fee cap, as described provide enhanced competition among Securities from $10,000 to $7,500. Thus, above, is appropriate in such cases ETP issuers, while providing a under the proposed change, the same because the Exchange experiences reduction in fees to certain issuers Listing Fee of $7,500 would apply to all efficiencies commensurate with the listing multiple ETPs during a calendar non-generically listed ETPs. proposed Listing Fee cap in working year. The proposed cap would apply Second, the Exchange proposes to with issuers on a repeated basis in equally to all issuers listing multiple amend the Schedule to provide that, if connection with developing and listing ETPs on the Exchange during a calendar three or more issues of ETPs, other than multiple ETPs. year. The Exchange believes that a Generically-Listed Exchange Traded Annual Fees set forth in the Schedule Listing Fee cap, as described above, is Products, are issued by the same issuer applicable to ETPs would remain appropriate in such cases because the and are listed on the Exchange in the unchanged. Exchange experiences efficiencies same calendar year, such issues will be Notwithstanding the reduction of the commensurate with the proposed subject to an aggregate maximum Listing Listing Fee applicable to Managed Trust Fee of $22,500 for all such listed issues Securities, as well as the cap of $22,500 Listing Fee cap in working with issuers combined.9 for multiple listings of ETPs by the same on a repeated basis in connection with The Exchange believes reducing the issuer in a calendar year, as described developing and listing multiple ETPs. Listing Fee for Managed Trust Securities above, the Exchange will continue to be The Exchange believes it is would result in a uniform Listing Fee able to fund its regulatory obligations. appropriate to continue to charge a for all non-generically listed ETPs and 2. Statutory Basis Listing Fee for ETPs for which a would help correlate the Listing Fee to proposed rule change pursuant to the resources required to list such issues NYSE Arca believes that the proposal Section 19(b) of the Act is required to 10 on the Exchange. The Exchange believes is consistent with Section 6(b) of the be filed because of the significant 11 it is appropriate to continue to charge a Act, in general, and Section 6(b)(4) of additional extensive time, legal and Listing Fee for ETPs for which a the Act in particular, in that it provides business resources required by proposed rule change pursuant to for the equitable allocation of reasonable Exchange staff to prepare and review Section 19(b) of the Act is required to dues, fees and other charges among its such filings and to communicate with be filed because of the additional time issuers and other persons using its and resources required by Exchange facilities. In addition, the Exchange issuers and the Commission regarding staff to prepare and review such filings believes the proposal is consistent with such filings. and to communicate with issuers and the requirement under Section 6(b)(5) 12 B. Self-Regulatory Organization’s the Commission regarding such filings. that an exchange have rules that are Statement on Burden on Competition With respect to the aggregate designed to prevent fraudulent and maximum Listing Fee of $22,500 for manipulative acts and practices, to The Exchange does not believe that three or more ETPs, as described above, promote just and equitable principles of the proposed rule change will impose trade, to foster cooperation and any burden on competition that is not but instead lists Trust Issued Receipts under coordination with persons engaged in necessary or appropriate in furtherance Commentary .02 to NYSE Arca Rule 8.200–E, which does not provide generic standards for listing regulating, clearing, settling, processing of the purpose of the Act. The Exchange pursuant to Rule 19b–4(e) under the Act. Before information with respect to, and believes the proposed rule change listing any Trust Issued Receipts pursuant to facilitating transactions in securities, to would promote competition because it Commentary .01 to NYSE Arca Rule 8.200–E, the remove impediments to, and perfect the Exchange will first file a proposed rule change with will reduce the Listing Fee for Managed respect to the Listing Fee applicable to any such mechanism of a free and open market Trust Securities and cap the aggregate generically-listed securities. and, in general, to protect investors and Listing Fee for multiple issues of ETPs 8 Exchange rules applicable to Trust Issued the public interest; and are not designed Receipts (Commentary .02 to NYSE Arca Rule in the same calendar year by the same to permit unfair discrimination between issuer at $22,500, thereby encouraging 8.200–E); Commodity-Based Trust Shares (NYSE customers, issuers, brokers, or dealers. Arca Rule 8.201–E), Commodity Index Trust Shares issuers to develop and list additional The proposed reduction of the Listing (NYSE Arca Rule 8.203–E),, [sic] Commodity such issues on the Exchange. Futures Trust Shares (NYSE Arca Rule 8.204–E), Fee for Managed Trust Securities, as Partnership Units (NYSE Arca Rule 8.300–E), Trust described above, is equitable and does C. Self-Regulatory Organization’s Units (NYSE Arca Rule 8.500–E), and Managed Trust Securities (NYSE Arca Rule 8.700–E) do not not unfairly discriminate among issuers Statement on Comments on the provide for listing pursuant to Rule 19b–4(e) under because it would apply uniformly to all Proposed Rule Change Received From the Act. such issues listed under Exchange rules. Members, Participants, or Others 9 With respect to the aggregate maximum Listing In addition, all ETPs other than Fee of $22,500, the Exchange would not apply this No written comments were solicited provision retroactively, and the Exchange would not provide a refund of Listing Fees to an issuer that 10 15 U.S.C. 78f(b). or received with respect to the proposed has listed four or more ETP issues in 2017 or prior 11 15 U.S.C. 78f(b)(4). rule change. calendar years. 12 15 U.S.C. 78f(b)(5).

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III. Date of Effectiveness of the proposed rule change between the I. Self-Regulatory Organization’s Proposed Rule Change and Timing for Commission and any person, other than Statement of the Terms of Substance of Commission Action those that may be withheld from the the Proposed Rule Change The foregoing rule change is effective public in accordance with the The Exchange proposes to reflect a upon filing pursuant to Section provisions of 5 U.S.C. 552, will be change to the administrator for the 19(b)(3)(A) 13 of the Act and available for Web site viewing and London Bullion Market Association subparagraph (f)(2) of Rule 19b–4 14 printing in the Commission’s Public (‘‘LBMA’’) Silver Price from CME thereunder, because it establishes a due, Reference Room, 100 F Street NE., Group, Inc. and Thomson Reuters to ICE fee, or other charge imposed by the Washington, DC 20549 on official Benchmark Administration, effective as Exchange. business days between the hours of of October 2, 2017. The proposed rule At any time within 60 days of the 10:00 a.m. and 3:00 p.m. Copies of the change is available on the Exchange’s filing of such proposed rule change, the filing also will be available for Web site at www.nyse.com, at the Commission summarily may inspection and copying at the principal principal office of the Exchange, and at temporarily suspend such rule change if office of the Exchange. All comments the Commission’s Public Reference it appears to the Commission that such received will be posted without change; Room. action is necessary or appropriate in the the Commission does not edit personal public interest, for the protection of identifying information from II. Self-Regulatory Organization’s investors, or otherwise in furtherance of submissions. You should submit only Statement of the Purpose of, and the purposes of the Act. If the information that you wish to make Statutory Basis for, the Proposed Rule Commission takes such action, the available publicly. All submissions Change Commission shall institute proceedings should refer to File Number SR– In its filing with the Commission, the under Section 19(b)(2)(B) 15 of the Act to NYSEArca–2017–105 and should be self-regulatory organization included determine whether the proposed rule submitted on or before October 27, statements concerning the purpose of, change should be approved or 2017. and basis for, the proposed rule change disapproved. For the Commission, by the Division of and discussed any comments it received IV. Solicitation of Comments Trading and Markets, pursuant to delegated on the proposed rule change. The text authority.16 of those statements may be examined at Interested persons are invited to the places specified in Item IV below. Eduardo A. Aleman, submit written data, views, and The Exchange has prepared summaries, arguments concerning the foregoing, Assistant Secretary. set forth in sections A, B, and C below, including whether the proposed rule [FR Doc. 2017–21539 Filed 10–5–17; 8:45 am] of the most significant parts of such change is consistent with the Act. BILLING CODE 8011–01–P statements. Comments may be submitted by any of the following methods: A. Self-Regulatory Organization’s Statement of the Purpose of, and the Electronic Comments SECURITIES AND EXCHANGE COMMISSION Statutory Basis for, the Proposed Rule • Use the Commission’s Internet Change comment form (http://www.sec.gov/ rules/sro.shtml); or [Release No. 34–81792; File No. SR– 1. Purpose • Send an email to rule-comments@ NYSEArca–2017–113] The Exchange proposes to reflect a sec.gov. Please include File Number SR– change to the administrator for the NYSEArca–2017–105 on the subject Self-Regulatory Organizations; NYSE LBMA Silver Price from CME Group, line. Arca, Inc.; Notice of Filing and Inc. (‘‘CME’’) and Thomson Reuters to Immediate Effectiveness of Proposed Paper Comments ICE Benchmark Administration (‘‘IBA’’), Rule Change To Reflect a Change to effective as of October 2, 2017, as • Send paper comments in triplicate the Administrator for the London described further below.3 The LBMA to Secretary, Securities and Exchange Bullion Market Association Silver Price Silver Price is the price used with Commission, 100 F Street NE., to ICE Benchmark Administration respect to calculation of the net asset Washington, DC 20549–1090. 4 October 2, 2017. value for the iShares Silver Trust, ETFS All submissions should refer to File Number SR–NYSEArca–2017–105. This Pursuant to Section 19(b)(1) of the 3 See press release dated July 14, 2017 from file number should be included on the Securities Exchange Act of 1934 Intercontinental Exchange (‘‘ICE’’) and the LBMA subject line if email is used. To help the (‘‘Act’’),1 and Rule 19b–4 thereunder,2 announced [sic] that IBA has been chosen as the new administrator for the LBMA Silver Price, Commission process and review your notice is hereby given that, on which is available here: http://www.lbma.org.uk/_ comments more efficiently, please use September 21, 2017, NYSE Arca, Inc. blog/lbma_media_centre/post/ice-benchmark- only one method. The Commission will (‘‘Exchange’’ or ‘‘NYSE Arca’’) filed administration-to-take-over-administration-of-the- post all comments on the Commission’s with the Securities and Exchange lbma-silver-price/. See also, ICE press release dated September 21, 2017, ‘‘ICE Benchmark Internet Web site (http://www.sec.gov/ Commission (‘‘Commission’’) the Administration to Launch LBMA Silver Price on 2 rules/sro.shtml). Copies of the proposed rule change as described in October 2017’’, which is available here: http:// submission, all subsequent Items I and II below, which Items have ir.theice.com/press/press-releases/all-categories/ _ amendments, all written statements been prepared by the self-regulatory 2017/09-21-2017-110006932?=news promo. organization. The Commission is 4 See Securities Exchange Act Release Nos. 58956 with respect to the proposed rule (November 14, 2008), 73 FR 71074 (November 24, change that are filed with the publishing this notice to solicit 2008) (SR–NYSEArca 2008–124) (approving listing Commission, and all written comments on the proposed rule change on the Exchange of the iShares Silver Trust); 53520 communications relating to the from interested persons. (March 20, 2006), 71 FR 14977 (March 24, 2006) (SR–PCX–2005–117) (order approving listing and trading of shares of the iShares Silver Trust 13 15 U.S.C. 78s(b)(3)(A). 16 17 CFR 200.30–3(a)(12). pursuant to unlisted trading privileges); 53521 14 17 CFR 240.19b–4(f)(2). 1 15 U.S.C. 78s(b)(1). (March 20, 2006), 71 FR 14967 (March 24, 2006) 15 15 U.S.C. 78s(b)(2)(B). 2 17 CFR 240.19b–4. Continued

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Silver Trust,5 and ETFS Precious Metals the ‘‘LBMA Silver Price.’’ IBA, an calculated. If this ‘imbalance’ is larger Basket Trust 6 (together, the ‘‘Silver independent specialist benchmark than the imbalance tolerance (currently Trusts’’), each of which is currently administrator, will provide the auction set at 500,000 oz) then the Chairman listed on the Exchange under NYSE platform and methodology as well as the will choose a new price 12 (based on the Arca Rule 8.201–E (Commodity-Based overall administration and governance current market conditions, and the Trust Shares), and is the underlying for the LBMA Silver Price benchmark. direction and magnitude of the benchmark for ProShares Ultra Silver As the administrator for the LBMA imbalance in the round) and begin a and ProShares UltraShort Silver Silver Price benchmark and the operator new auction round. If the imbalance is (together, the ‘‘Silver Funds’’),7 each of of the ‘‘IBA Silver Auction,’’ IBA will less than the tolerance, then the auction which is currently listed on the implement procedures that provide a is complete with all volume tradeable at Exchange under NYSE Arca Rule 8.200– physically settled, electronic and that price. The price will then be set in E (Trust Issued Receipts). tradeable auction, with the ability to USD and also converted into in euros Revised Procedures for the LBMA settle trades in U.S. Dollars (‘‘USD’’), and British Pounds. The auction will Silver Price 8 euros or British Pounds.10 Each London continue to be run at 12:00 p.m. On July 14, 2017, the LBMA business day, at 12 p.m. (noon) IBA runs (London time). announced that IBA 9 has been selected an auction to determine the final price During the auction, the price at the to be the third-party administrator for to use as the benchmark. The start of each round, and the volumes at benchmark is published when the the end of each round will be available (SR–Amex–2005–72) (order approving listing and auction finishes, typically a few minutes through major market data vendors. As trading on the American Stock Exchange LLC of after 12 p.m. IBA will use ICE’s front- soon as the auction finishes, the final shares of the iShares Silver Trust). prices and volumes will be available 5 See Securities Exchange Act Release No. 59781 end system—WebICE—as the (April 17, 2009), 78 FR 18771 (April 24, 2009) (SR– technology platform that will allow through major market data vendors. IBA NYSEArca–2009–28) (notice of filing and order direct participants, as well as sponsored will also publish transparency reports, granting accelerated approval relating to listing and clients of direct participants, to manage detailing the prices, volumes and times trading of shares of the ETFS Silver Trust). for each round of the auction. These 6 their orders in the auction in real time See Securities Exchange Act Release No. 62402 11 (June 29, 2010), 75 FR 39292 (July 8, 2010) (SR– via their desktops. transparency reports will be available NYSEArca–2010–56) (notice of filing of proposed Participants in the auction will through major market data vendors and rule change to list and trade shares of the ETFS include direct participants and IBA when the auction finishes. The Precious Metals Basket Trust); 62692 (August 11, sponsored clients of direct participants. process can also be observed real-time 2010), 75 FR 50789 (August 17, 2010) (order approving proposed rule change to list and trade Direct participants may enter orders on through a WebICE screen. The auction shares of the ETFS Precious Metals Basket Trust). their own behalf or on behalf of clients. mechanism will provide a complete 7 See Securities Exchange Act Release Nos. 58457 Sponsored clients also may manage audit trail. (September 3, 2008), (73 FR 52711 (September 10, their own positions utilizing their own As of August 1, 2017, there were 2008) (SR–NYSEArca–2008–91) (notice of filing and seven direct participants in the LBMA order granting accelerated approval of proposed trading screens; however, a sponsored rule change regarding listing and trading of shares client’s orders would be backed by the Silver Price administered by CME and of 14 funds of the Commodities and Currency Trust, sponsoring direct participant. WebICE Thomson Reuters. The number of direct now the ProShares Trust II); 58162 (July 15, 2008), allows sponsored clients to participate participants upon IBA’s assumption of 73 FR 42391 (July 21, 2008) (SR–NYSEArca–2008– the role of LBMA Silver Price 73) (notice of filing and immediate effectiveness of in the auction process with the same proposed rule change relating to trading of shares information and order management administrator is expected to equal or of 14 funds of the Commodities and Currency Trust capabilities as direct participants. exceed the number of market pursuant to unlisted trading privileges). See also At the opening of each auction, the participants currently participating in Securities Exchange Act Release Nos. 58161 (July the auction process that determines the 15, 2008), 73 FR 42380 (July 21, 2008) (SR–Amex– auction chairman (‘‘Chairman’’) will 2008–39) (order approving listing and trading on announce an opening price (in USD) LBMA Silver Price. the American Stock Exchange LLC of shares of 14 based on the current market conditions Regulation of the LBMA Silver Price funds of the Commodities and Currency Trust); and begin auction rounds, with an 57932 (June 5, 2008), 73 FR 33467 (June 12, 2008) expected duration of at least every 30 As of April 1, 2015, the LBMA Silver (notice of proposed rule change regarding listing Price has been regulated by the and trading of shares of 14 funds of the seconds each. During each auction Commodities and Currency Trust). round, participants may enter the Financial Conduct Authority (‘‘FCA’’) in 13 8 In connection with implementation of the volume they wish to buy or sell at that the United Kingdom (‘‘UK’’). IBA is LBMA Silver Price as a replacement for the London price, and such orders will be part of the already authorized as a regulated Silver Fix, the Exchange filed a proposed rule price formation. Aggregate bid and offer benchmark administrator by the FCA. change regarding procedures to be implemented by 14 CME as of August 14, 2014 in connection with volume will be shown live on WebICE, Under the UK benchmark regulation, administration of the LBMA Silver Price, as well as providing a level playing field for all 12 the change to the benchmark price for the Silver participants. At the end of each auction The Chairman will have significant experience Trusts and the change to the underlying benchmark in the silver markets and will be employed by IBA. for the Silver Funds from the London Silver Fix to round, the total net volume will be 13 The conduct of financial institutions is the LBMA Silver Price. See Securities Exchange Act overseen by the FCA, which was formed from the Release No. 72847 (August 14, 2014), 79 FR 49350 10 The procedures to be utilized by IBA will be former Financial Services Authority and is separate (August 20, 2014) (SR–NYSEArca–2014–88) (notice similar to those that IBA utilizes in connection with from the Bank of England. The LBMA Silver Price of filing and immediate effectiveness of proposed its administration of the LBMA Gold Price. See is regulated under the FCA’s Market Conduct rule change in connection with implementation of Securities Exchange Act Release No. 74544 (March (MAR) Sourcebook (MAR 8.3). the LBMA Silver Price). See also Securities 19, 2015), 80 FR 15840 (March 25, 2015) (SR– 14 On June 12, 2014, the UK Chancellor of the Exchange Act Release No. 77830 (May 13, 2016), 81 NYSEArca–2015–19) (notice of filing and Exchequer announced steps to raise standards of FR 31671 (May 19, 2016) (SR–NYSEArca–2016–72) immediate effectiveness of proposed rule change conduct in the financial system with a joint review (notice of filing and immediate effectiveness of relating to the LBMA Gold Price as a replacement by the UK Treasury, the Bank of England and the proposed rule change relating to changes to for the London Gold Fix for certain gold related FCA into the way wholesale financial markets procedures regarding establishing the LBMA Silver exchange traded products). operate. According to this announcement, the ‘‘Fair Price). 11 The WebICE platform provides real-time order and Effective Markets Review’’, led by Bank of 9 IBA is a London-based company that was management as well as separation of direct England Deputy Governor for Markets and Banking, created specifically to administer systemically participant and sponsored client orders, live credit has been tasked with investigating those wholesale important benchmarks. Formed in 2013, IBA is part limit controls, audit history, advanced Excel markets, both regulated and unregulated, where of ICE. integration and automated deal notifications. most of the recent concerns about misconduct have

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the governance structure for a regulated The price discovery process for the auction process by IBA, as well as FCA’s benchmark must include an Oversight LBMA Silver Price will be subject to oversight of IBA, will deter Committee, made up of market surveillance by IBA. IBA is compliant manipulative and abusive conduct in participants, industry bodies, direct with the UK benchmark regulation establishing each day’s LBMA Silver participant representatives, (MAR 8.3), regulated by the FCA, and Price. infrastructure providers and the has been formally assessed against the 2. Statutory Basis administrator (i.e., IBA).15 Through the IOSCO Principles for Financial Oversight Committee, the LBMA will Benchmarks (the ‘‘IOSCO The basis under the Act for this continue to have significant Principles’’).17 In order to meet the proposed rule change is the requirement involvement in the oversight of the IOSCO Principles, the price discovery under Section 6(b)(5) 18 that an auction process, including, among other used for the LBMA Silver Price exchange have rules that are designed to matters, changes to the methodology benchmark will be auditable and prevent fraudulent and manipulative and accreditation of direct transparent. acts and practices, to promote just and participants.16 The LBMA Silver Price benchmark is equitable principles of trade, to remove viewed as a full and fair representation impediments to, and perfect the arisen: Fixed-income, currency and commodity of all market interest at the conclusion mechanism of a free and open market markets, including associated derivatives and of the auction. IBA’s auction process and, in general, to protect investors and benchmarks. It will make recommendations on: the public interest. Principles to govern the operation of fair and will be fully transparent in real time to effective markets, focusing on fixed income, direct participants and sponsored The Exchange believes that the currency and commodities; reforms to ensure clients and, at the close of each auction, proposed rule change is designed to standards of behavior are in accordance with those to the general public. The auction prevent fraudulent and manipulative principles; tools to strengthen the oversight of acts and practices in that the LBMA market conduct; whether the regulatory perimeter process also will be fully auditable since for wholesale financial markets should be extended, an audit trail exists for every change Silver Price benchmark, as administered and to what extent international action is required; made in the process. Moreover, the by IBA, will be based on an auction that and additional reforms in relation to benchmarks, audit trail and active surveillance of the is electronic and auditable and is in order to strengthen market infrastructure. See produced from tradeable volumes. The http://www.bankofengland.co.uk/markets/ Documents/femraug2014.pdf. On September 25, conduct that may involve manipulation, or LBMA Silver Price and the transparency 2014, the Fair and Effective Markets Review attempted manipulation, of the specified reports showing the prices, timings and announced its proposal that the silver fixing benchmark it administers and provide to the total volumes for each round will be process may become regulated under UK oversight committee of the specified benchmark benchmark regulation, effective from April 2015. timely updates of suspected breaches of practice available electronically instantly after 15 The Oversight Committee is a key decision standards and attempted manipulation; the conclusion of the auction, as making forum, with market representation that (3) notify the FCA and provide all relevant described above. The LBMA Silver Price includes participants, users and infrastructure information where it suspects that, in relation to the benchmark is viewed as a full and fair providers. The Oversight Committee’s specified benchmark it administers, there has been representation of all market interest at responsibilities include review of methodology and (i) a material breach of the benchmark process relating to the LBMA Silver Price; administrator’s practice standards; (ii) conduct that the conclusion of the auction. IBA’s implementation of a Code of Conduct applicable to may involve manipulation or attempted auction process will be fully transparent participants; expansion of membership; and manipulation of the specified benchmark it in real time to direct participants and surveillance oversight, among other functions. The administers; or (iii) collusion to manipulate or to Oversight Committee’s structure and attempt to manipulate the specified benchmark it sponsored clients and, at the close of responsibilities is described in the Oversight administers; each auction, to the general public. The Committee Terms of Reference, available on the IBA (4) ensure that the specified benchmark it auction process also will be fully Web site. administers is determined using adequate auditable since an audit trail exists for 16 The LBMA will continue to provide guidance benchmark submissions; and with respect to the LBMA Silver Price through the every change made in the process. (5) establish an oversight committee. Moreover, the audit trail and active Oversight Committee, which will facilitate The LBMA Silver Price Oversight Committee communication among representatives of all market reviews and maintains the definition, setting, scope surveillance of the auction process by participants to ensure the process continues to and methodology of the benchmark. The Code of IBA, as well as FCA’s oversight of IBA, fulfill the needs of the market. The Oversight Conduct can be found on the IBA Web site https:// will deter manipulative and abusive Committee is responsible for decisions that affect www.theice.com/iba. the evolution of the process based on changes in the conduct in establishing each day’s 17 The IOSCO Principles are designed to enhance market and regulatory environments. the integrity, the reliability and the oversight of LBMA Silver Price. The term ‘‘LBMA Silver Price’’ means the price benchmarks by establishing guidelines for The proposed rule change is designed for an ounce of silver set by LBMA-authorized benchmark administrators and other relevant bodies to perfect the mechanism of a free and participating bullion banks and market makers in in the following areas: Governance: To protect the open market price discovery process the electronic, over-the-counter auction operated by integrity of the benchmark determination process IBA at approximately 12:00 noon London time, on and to address conflicts of interest; Benchmark and, in general, to protect investors and each working day and disseminated also by IBA. quality: To promote the quality and integrity of the public interest in that the silver IBA provides the electronic auction platform on benchmark determinations through the application auction will be transparent, auditable, which the price is calculated, while the LBMA of design factors; Quality of the methodology: To and operated by a regulated benchmark accredits market participants. IBA is also promote the quality and integrity of methodologies responsible for governance and oversight of the by setting out minimum information that should be administrator (IBA). The LBMA Silver LBMA Silver Price, and is regulated by the FCA for addressed within a methodology. These principles price is widely disseminated by major its role as the benchmark administrator. also call for credible transition policies in case a market data vendors. The audit trail The LBMA Silver Price is regulated under the benchmark may cease to exist due to market records every change made in the FCA’s Market Conduct (MAR) Sourcebook (MAR structure change. Accountability mechanisms: To 8.3). As the administrator for the LBMA Silver establish complaints processes, documentation process and IBA has regulatory Price, IBA will adopt and issue a Code of Conduct requirements and audit reviews. The IOSCO obligations to run surveillance on the relating to administration of the LBMA Silver Price Principles provide a framework of standards that activity in the process to deter and and undertake to perform the LBMA Silver Price might be met in different ways, depending on the identify manipulative and abusive administrator’s responsibilities in accordance with specificities of each benchmark. In addition to a set MAR 8.3. Among such responsibilities are that the of high level principles, the framework offers a conduct in establishing each day’s administrator: subset of more detailed principles for benchmarks LBMA Silver Price. The LBMA Silver (1) Have in place effective arrangements and having specific risks arising from their reliance on Price, as administered by IBA, is procedures that allow the regular monitoring and submissions and/or their ownership structure. For surveillance of the auction process; further information concerning the IOSCO designed to be a benchmark that meets (2) monitor the benchmark submissions in order Principles, see http://www.iosco.org/library/ to identify breaches of its practice standards and pubdocs/pdf/IOSCOPD415.pdf. 18 15 U.S.C. 78f(b)(5).

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the needs of the market and regulators Silver Price will change from CME and provisions of 5 U.S.C. 552, will be (including the IOSCO Principles 19). Thomson Reuters to IBA, effective available for Web site viewing and October 2, 2017. The Commission printing in the Commission’s Public B. Self-Regulatory Organization’s believes that waiver of the operative Reference Room, 100 F Street NE., Statement on Burden on Competition delay is consistent with the protection Washington, DC 20549 on official The Exchange does not believe that of investors and the public interest as it business days between the hours of the proposed rule change will impose will prevent the disruption in the 10:00 a.m. and 3:00 p.m. Copies of the any burden on competition that is not trading of the Silver Trust and the Silver filing also will be available for necessary or appropriate in furtherance Fund shares. Therefore, the Commission inspection and copying at the principal of the purposes of the Act. The designates the proposed rule change to office of the Exchange. All comments proposed rule change will facilitate the be operative upon filing.24 received will be posted without change; continued administration of the LBMA At any time within 60 days of the the Commission does not edit personal Silver Price utilizing a fully auditable filing of the proposed rule change, the identifying information from auction process and will promote Commission summarily may submissions. You should submit only market competition by permitting the temporarily suspend such rule change if information that you wish to make continued listing and trading of shares it appears to the Commission that such available publicly. All submissions of the Silver Trusts and the Silver Funds action is necessary or appropriate in the should refer to File Number SR– utilizing the LBMA Silver Price. public interest, for the protection of NYSEArca–2017–113 and should be C. Self-Regulatory Organization’s investors, or otherwise in furtherance of submitted on or before October 27, Statement on Comments on the the purposes of the Act. 2017. Proposed Rule Change Received From IV. Solicitation of Comments For the Commission, by the Division of Members, Participants, or Others Trading and Markets, pursuant to delegated Interested persons are invited to 25 No written comments were solicited authority. submit written data, views, and or received with respect to the proposed Eduardo A. Aleman, arguments concerning the foregoing, rule change. Assistant Secretary. including whether the proposed rule [FR Doc. 2017–21536 Filed 10–5–17; 8:45 am] III. Date of Effectiveness of the change is consistent with the Act. BILLING CODE 8011–01–P Proposed Rule Change and Timing for Comments may be submitted by any of Commission Action the following methods: The Exchange has filed the proposed Electronic Comments SECURITIES AND EXCHANGE rule change pursuant to Section COMMISSION 20 • Use the Commission’s Internet 19(b)(3)(A)(iii) of the Act and Rule [Release No. 34–81794; File No. SR– 19b–4(f)(6) thereunder.21 Because the comment form (http://www.sec.gov/ rules/sro.shtml); or NYSEArca–2017–56] foregoing proposed rule change does • not: (i) Significantly affect the Send an email to rule-comments@ Self-Regulatory Organizations; NYSE protection of investors or the public sec.gov. Please include File Number SR– Arca, Inc.; Order Instituting interest, (ii) impose any significant NYSEArca–2017–113 on the subject Proceedings To Determine Whether To burden on competition, and (iii) become line. Approve or Disapprove a Proposed operative for 30 days from the date on Paper Comments Rule Change, as Modified by which it was filed, or such shorter time Amendment No. 1, To List and Trade • Send paper comments in triplicate as the Commission may designate, it has Pursuant to NYSE Arca Rule 5.2–E(j)(3) to Secretary, Securities and Exchange become effective pursuant to Section Twelve Series of Investment Company Commission, 100 F Street NE., 19(b)(3)(A) of the Act 22 and Rule 19b– Units 4(f)(6) thereunder.23 Washington, DC 20549–1090. A proposed rule change filed under All submissions should refer to File DATE: October 2, 2017. Number SR–NYSEArca–2017–113. This Rule 19b–4(f)(6) normally does not I. Introduction become operative prior to 30 days after file number should be included on the the date of the filing. However, pursuant subject line if email is used. To help the On June 19, 2017, NYSE Arca, Inc. to Rule 19b–4(f)(6)(iii), the Commission Commission process and review your (‘‘Exchange’’ or ‘‘NYSE Arca’’) filed may designate a shorter time if such comments more efficiently, please use with the Securities and Exchange action is consistent with the protection only one method. The Commission will Commission (‘‘Commission’’), pursuant of investors and the public interest. The post all comments on the Commission’s to Section 19(b)(1) of the Securities 1 Exchange has asked the Commission to Internet Web site (http://www.sec.gov/ Exchange Act of 1934 (‘‘Act’’) and Rule 2 waive the 30-day operative delay so that rules/sro.shtml). Copies of the 19b–4 thereunder, a proposed rule the proposal may become operative submission, all subsequent change to list and trade certain series of immediately upon filing. As noted amendments, all written statements Investment Company Units listed above, the administrator for the LBMA with respect to the proposed rule pursuant to NYSE Arca Rule 5.2–E(j)(3). change that are filed with the The proposed rule change was 19 See note 18, supra. Commission, and all written published for comment in the Federal 20 15 U.S.C. 78s(b)(3)(A)(iii). communications relating to the Register on July 7, 2017.3 On August 7, 21 17 CFR 240.19b–4(f)(6). proposed rule change between the 2017, the Exchange filed Amendment 22 15 U.S.C. 78s(b)(3)(A). Commission and any person, other than No. 1 to the proposed rule change, 23 17 CFR 240.19b–4(f)(6). As required under Rule those that may be withheld from the which amended and superseded the 19b–4(f)(6)(iii), the Exchange provided the Commission with written notice of its intent to file public in accordance with the 25 the proposed rule change, along with a brief 17 CFR 200.30–3(a)(12). description and the text of the proposed rule 24 For purposes only of waiving the 30-day 1 15 U.S.C. 78s(b)(1). change, at least five business days prior to the date operative delay, the Commission has considered the 2 17 CFR 240.19b–4. of filing of the proposed rule change, or such proposed rule’s impact on efficiency, competition, 3 See Securities Exchange Act Release No. 81062 shorter time as designated by the Commission. and capital formation. See 15 U.S.C. 78c(f). (June 30, 2017), 82 FR 31651.

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proposed rule change as originally The Single-State Municipal Bond Funds As of April 1, 2017, the S&P National filed.4 On August 15, 2017, pursuant to overlie an index comprised of the fixed AMT-Free Municipal Bond Index Section 19(b)(2) of the Act,5 the income municipal bond securities of included 11,333 component fixed Commission designated a longer period one State; the Multistate Municipal income municipal bond securities from within which to approve the proposed Bond Funds overlie an index comprised issuers in 47 different states or U.S. rule change, disapprove the proposed of the fixed income municipal bond territories. The most heavily weighted rule change, or institute proceedings to securities of more than one State. security in the index represented determine whether to disapprove the approximately 0.25% of the total weight 6 Commentary .02 to Rule 5.2(j)(3) sets proposed rule change. The Commission forth the generic listing requirements for of the index and the aggregate weight of has received no comment letters on the an index of fixed income securities the top five most heavily weighted proposed rule change. This order underlying a series of Investment securities in the index represented less institutes proceedings under Section than 1% of the total weight of the index. 7 Company Units. One of the enumerated 19(b)(2)(B) of the Act to determine listing requirements is that component Approximately 99.29% of the weight of the index components was composed of whether to approve or disapprove the fixed income securities that, in the individual maturities that were part of proposed rule change, as modified by aggregate, account for at least 75% of an entire municipal bond offering with Amendment No. 1. the weight of the index each shall have a minimum original principal amount a minimum principal amount II. Exchange’s Description of the outstanding of $100 million or more for outstanding of $100 million or more.9 Proposed Rule Change, as Modified by all maturities in the offering. The Exchange states that none of the Amendment No. 1 Approximately 31.79% of the weight of indexes underlying the Municipal Bond The Exchange proposes to list and the components in the index had a Funds satisfy this criterion but trade pursuant to NYSE Arca Rule 5.2– minimum original principal amount represents that each of the underlying E(j)(3) shares (‘‘Shares’’) of the following outstanding of $100 million or more. In series of Investment Company Units: (1) indexes meet all of the other addition, the total dollar amount iShares National Muni Bond ETF; (2) requirements of such rule. outstanding of issues in the index was iShares Short-Term National Muni Bond A. The Exchange’s Description of the approximately $628,460,731,594, and ETF; (3) VanEck Vectors AMT-Free Municipal Bond Funds and Their the average dollar amount outstanding Intermediate Municipal Index ETF; (4) Underlying Indexes 10 of issues in the index was VanEck Vectors AMT-Free Long approximately $55,454,048. Municipal Index ETF; (5) VanEck 1. iShares National Muni Bond ETF Generally, the iShares National Muni Bond ETF invests at least 90% of its Vectors AMT-Free Short Municipal The iShares National Muni Bond ETF assets in the component securities of the Index ETF; (6) VanEck Vectors High- seeks to track the investment results of S&P National AMT-Free Municipal Yield Municipal Index ETF; (7) VanEck the S&P National AMT-Free Municipal Bond Index and may invest up to 10% Vectors Pre-Refunded Municipal Index Bond Index, which measures the of its assets in certain futures, options ETF; (8) PowerShares VRDO Tax-Free performance of the investment grade and swap contracts, cash and cash Weekly Portfolio; (9) SPDR Nuveen segment of the U.S. municipal bond equivalents, including shares of money Bloomberg Barclays Short Term market. The S&P National AMT-Free market funds, as well as in securities Municipal Bond ETF; (10) SPDR Municipal Bond Index primarily Nuveen Bloomberg Barclays Municipal not included in the S&P National AMT- includes municipal bonds from issuers Free Municipal Bond Index, but which Bond ETF (collectively, the ‘‘Multistate that are state or local governments or Municipal Bond Funds’’); (11) iShares the fund’s investment advisor believes agencies such that the interest on each will help the fund track the S&P California Muni Bond ETF; and (12) such bond is exempt from U.S. federal iShares New York Muni Bond ETF National AMT-Free Municipal Bond income taxes and the federal alternative Index. (collectively, the ‘‘Single-State minimum tax. Each bond in the S&P Municipal Bond Funds’’ and, together National AMT-Free Municipal Bond 2. iShares Short Term National Muni with the Multistate Municipal Bond Index must have a rating of at least Bond ETF Funds, the ‘‘Municipal Bond Funds’’).8 BBB¥ by S&P Global Ratings (‘‘S&P’’), The iShares Short Term National Baa3 by Moody’s Investors Service, Inc. Muni Bond ETF seeks to track the 4 In Amendment No. 1, the Exchange: (1) ¥ Described the investment objective of each fund; (2) (‘‘Moody’s’’), or BBB by Fitch Ratings, investment results of the S&P Short described investment eligibility criteria and Inc. (‘‘Fitch’’). Each bond in the S&P Term National AMT-Free Municipal restrictions for each fund; (3) clarified that the Web National AMT-Free Municipal Bond Bond Index, which measures the site for each fund will contain its prospectus and Index must be denominated in U.S. additional data; (4) clarified that the Exchange has performance of the short-term obtained a representation from each fund issuer that dollars, must be a constituent of an investment grade segment of the U.S. the applicable net asset value for each fund will be offering where the original offering municipal bond market. The S&P Short calculated daily and made available to all market amount was at least $100 million, and Term National AMT-Free Municipal participants at the same time; (5) clarified that none must have a minimum par amount of of the indexes underlying the funds are maintained Bond Index primarily includes by a broker-dealer; and (6) made technical changes. $25 million. To remain in the S&P municipal bonds from issuers that are Amendment No. 1 to the proposed rule change is National AMT-Free Municipal Bond state or local governments or agencies available at: https://www.sec.gov/comments/sr- Index, bonds must maintain a minimum such that the interest on each such bond nysearca-2017-56/nysearca201756.htm. par amount greater than or equal to $25 5 is exempt from U.S. federal income 15 U.S.C. 78s(b)(2). million as of the next rebalancing date. 6 See Securities Exchange Act Release No. 81400, taxes and the federal alternative 82 FR 39643 (August 21, 2017). The Commission minimum tax (‘‘AMT’’). Each bond in designated October 5, 2017, as the date by which .02 to Rule 5.2–E(j)(3), the Exchange nevertheless the S&P Short Term National AMT-Free the Commission shall either approve or disapprove, listed the Shares prior to 2010. Municipal Bond Index must have a or institute proceedings to determine whether to 9 See Commentary .02(a)(2) to NYSE Arca Rule rating of at least BBB¥ by S&P, Baa3 by disapprove, the proposed rule change. 5.2–E(j)(3). ¥ 7 15 U.S.C. 78s(b)(2)(B). 10 Additional information regarding the Funds Moody’s, or BBB by Fitch. Each bond 8 The Commission notes that, although the Shares and their underlying indexes can be found in in the S&P Short Term National AMT- do not meet the standards set forth in Commentary Amendment No. 1. See supra note 4. Free Municipal Bond Index must be

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denominated in U.S. dollars, must be a publicly traded municipal bonds that bonds that cover the U.S. dollar constituent of an offering where the cover the U.S. dollar-denominated denominated long-term tax-exempt original offering amount was at least intermediate term tax-exempt bond bond market. To be included in the $100 million, and must have a market. To be included in the Bloomberg Barclays AMT-Free Long minimum par amount of $25 million. To Bloomberg Barclays AMT-Free Continuous Municipal Index, bonds remain in the S&P Short Term National Intermediate Continuous Municipal must be rated Baa3/BBB¥ or higher by AMT-Free Municipal Bond Index, Index, a bond must be rated Baa3/BBB¥ at least two of the following ratings bonds must maintain a minimum par or higher by at least two of the following agencies if all three agencies rate the amount greater than or equal to $25 ratings agencies if all three agencies rate security: Moody’s, S&P, and Fitch. If million as of the next rebalancing date. the security: Moody’s, S&P, and Fitch. If only one of the three agencies rates a As of April 1, 2017, the S&P Short only one of the three agencies rates a security, the rating must be at least Term National AMT-Free Municipal security, the rating must be at least Baa3/BBB¥. Constituent securities of Bond Index included 3,309 component Baa3/BBB¥. Constituent securities of the Bloomberg Barclays AMT-Free Long fixed income municipal bond securities the Bloomberg Barclays AMT-Free Continuous Municipal Index must have from issuers in 44 different states or Intermediate Continuous Municipal an outstanding par value of at least $7 U.S. territories. The most heavily Index must have an outstanding par million and be issued as part of a weighted security in the index value of at least $7 million and be transaction of at least $75 million. represented approximately 1% of the issued as part of a transaction of at least As of April 1, 2017, the Bloomberg total weight of the index and the $75 million. Barclays AMT-Free Long Continuous aggregate weight of the top five most As of April 1, 2017, the Bloomberg Municipal Index included 7,657 heavily weighted securities in the index Barclays AMT-Free Intermediate component fixed income municipal represented approximately 2% of the Continuous Municipal Index included bond securities from issuers in 50 total weight of the index. 17,272 component fixed income different states or U.S. territories. The Approximately 98.22% of the weight of municipal bond securities from issuers most heavily weighted security in the the index components was composed of in 50 different states or U.S. territories. index represented less than 0.50% of individual maturities that were part of The most heavily weighted security in the total weight of the index and the an entire municipal bond offering with the index represented less than 0.25% aggregate weight of the top five most a minimum original principal amount of the total weight of the index and the heavily weighted securities in the index outstanding of $100 million or more for aggregate weight of the top five most represented approximately 1.25% of the all maturities in the offering. heavily weighted securities in the index total weight of the index. Approximately 27.63% of the weight of represented approximately 0.50% of the Approximately 93.84% of the weight of the components in the index had a total weight of the index. the index components was composed of minimum original principal amount Approximately 96.13% of the weight of individual maturities that were part of outstanding of $100 million or more. In the index components was composed of an entire municipal bond offering with addition, the total dollar amount individual maturities that were part of a minimum original principal amount outstanding of issues in the index was an entire municipal bond offering with outstanding of $100 million or more for approximately $166,147,941,156, and a minimum original principal amount all maturities in the offering. the average dollar amount outstanding outstanding of $100 million or more for Approximately 32.34% of the weight of of issues in the index was all maturities in the offering. the components in the index had a approximately $50,210,922. Approximately 7.75% of the weight of minimum original principal amount Generally, the iShares National Muni the components in the index had a outstanding of $100 million or more. In Bond ETF invests at least 90% of its minimum original principal amount addition, the total dollar amount assets in the component securities of the outstanding of $100 million or more. In outstanding of issues in the index was S&P Short Term National AMT-Free addition, the total dollar amount approximately $279,575,285,082, and Municipal Bond Index and may invest outstanding of issues in the index was the average dollar amount outstanding up to 10% of its assets in certain approximately $340,102,539,050, and of issues in the index was futures, options and swap contracts, the average dollar amount outstanding approximately $36,512,379. cash and cash equivalents, including of issues in the index was Normally, the VanEck Vectors AMT- shares of money market funds, as well approximately $19,690,976. Free Long Municipal Index ETF invests as in securities not included in the S&P Normally, the VanEck Vectors AMT- at least 80% of its total assets in fixed Short Term National AMT-Free Free Intermediate Municipal Index ETF income securities that comprise the Municipal Bond Index, but which the invests at least 80% of its total assets in Bloomberg Barclays AMT-Free Long fund’s investment advisor believes will fixed income securities that comprise Continuous Municipal Index. help the fund track the S&P Short Term the Bloomberg Barclays AMT-Free 5. VanEck Vectors AMT-Free Short National AMT-Free Municipal Bond Intermediate Continuous Municipal Municipal Index ETF Index. Index. The VanEck Vectors AMT-Free Short 3. VanEck Vectors AMT-Free 4. VanEck Vectors AMT-Free Long Municipal Index ETF seeks to replicate Intermediate Municipal Index ETF Municipal Index ETF as closely as possible, before fees and The VanEck Vectors AMT-Free The VanEck Vectors AMT-Free Long expenses, the price and yield Intermediate Municipal Index ETF seeks Municipal Index ETF seeks to replicate performance of the Bloomberg Barclays to replicate as closely as possible, before as closely as possible, before fees and AMT-Free Short Continuous Municipal fees and expenses, the price and yield expenses, the price and yield Index. The Bloomberg Barclays AMT- performance of the Bloomberg Barclays performance of the Bloomberg Barclays Free Short Continuous Municipal Index AMT-Free Intermediate Continuous AMT-Free Long Continuous Municipal is a market size weighted index Municipal Index. The Bloomberg Index. The Bloomberg Barclays AMT- comprised of publicly traded municipal Barclays AMT-Free Intermediate Free Long Continuous Municipal Index bonds that cover the U.S. dollar Continuous Municipal Index is a market is a market size weighted index denominated short-term tax-exempt size weighted index comprised of comprised of publicly traded municipal bond market. To be included in the

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Bloomberg Barclays AMT-Free Short weighting methodology, provided that maturity municipal bonds. To be Continuous Municipal Index, bonds the total allocation to issuers from each included in the Bloomberg Barclays must be rated Baa3/BBB¥ or higher by individual territory of the United States Municipal Pre-Refunded—Treasury- at least two of the following ratings (including Puerto Rico, Guam, the U.S. Escrowed Index, bonds must have an agencies if all three agencies rate the Virgin Islands, American Samoa, and explicit or implicit credit rating of AAA. security: Moody’s, S&P, and Fitch. If the Northern Mariana Islands) does not Constituent securities of the Bloomberg only one of the three agencies rates a exceed 4%. The Bloomberg Barclays Barclays Municipal Pre-Refunded— security, the rating must be at least Municipal Custom High Yield Treasury-Escrowed Index must have an Baa3/BBB¥. Constituent securities of Composite Index tracks the high yield outstanding par value of at least $7 the Bloomberg Barclays AMT-Free Short municipal bond market with a 75% million and be issued as part of a Continuous Municipal Index must have weight in non-investment grade transaction of at least $75 million in an outstanding par value of at least $7 municipal bonds and a targeted 25% market value. million and be issued as part of a weight in Baa/BBB rated investment As of April 1, 2017, the Bloomberg transaction of at least $75 million. grade municipal bonds. Barclays Municipal Pre-Refunded- As of April 1, 2017, the Bloomberg As of April 1, 2017, the Bloomberg Treasury-Escrowed Index included Barclays AMT-Free Short Continuous Barclays Municipal Custom High Yield 3,691 component fixed income Municipal Index included 7,229 Composite Index included 4,702 municipal bond securities from issuers component fixed income municipal component fixed income municipal in 50 different states or U.S. territories. bond securities from issuers in 48 bond securities from issuers in 50 The most heavily weighted security in different states or U.S. territories. The different states or U.S. territories. The the index represented approximately most heavily weighted security in the most heavily weighted security in the 0.50% of the total weight of the index index represented approximately 1% of index represented approximately 1.25% and the aggregate weight of the top five the total weight of the index and the of the total weight of the index, and the most heavily weighted securities in the aggregate weight of the top five most aggregate weight of the top five most index represented approximately 2.25% heavily weighted securities in the index heavily weighted securities in the index of the total weight of the index. represented approximately 2.25% of the represented approximately 6% of the Approximately 93.70% of the weight of total weight of the index. total weight of the index. the index components was composed of Approximately 94.4% of the weight of Approximately 75.16% of the weight of individual maturities that were part of the index components was composed of the index components was composed of an entire municipal bond offering with individual maturities that were part of individual maturities that were part of a minimum original principal amount an entire municipal bond offering with an entire municipal bond offering with outstanding of $100 million or more for a minimum original principal amount a minimum original principal amount all maturities in the offering. outstanding of $100 million or more for outstanding of $100 million or more for Approximately 19.23% of the weight of all maturities in the offering. all maturities in the offering. the components in the index had a Approximately 13.60% of the weight of Approximately 43.26% of the weight of minimum original principal amount the components in the index had a the components in the index had a outstanding of $100 million or more. In minimum original principal amount minimum original principal amount addition, the total dollar amount outstanding of $100 million or more. In outstanding of $100 million or more. In outstanding of issues in the index was addition, the total dollar amount addition, the total dollar amount approximately $94,289,476,486, and the outstanding of issues in the index was outstanding of issues in the index was average dollar amount outstanding of approximately $152,020,140,995, and approximately $224,318,153,150, and issues in the index was approximately the average dollar amount outstanding the average dollar amount outstanding $25,545,780. of issues in the index was of issues in the index was Normally, the VanEck Vectors Pre- approximately $21,026,299. approximately $47,706,966. Refunded Municipal Index ETF invests Normally, the VanEck Vectors AMT- Normally, the VanEck Vectors High- at least 80% of its total assets in Free Short Municipal Index ETF invests Yield Municipal Index ETF invests at securities that comprise the Bloomberg at least 80% of its total assets in fixed least 80% of its total assets in securities Barclays Municipal Pre-Refunded— income securities that comprise the that comprise the Bloomberg Barclays Treasury-Escrowed Index. Bloomberg Barclays AMT-Free Short Municipal Custom High Yield 8. PowerShares VRDO Tax-Free Weekly Continuous Municipal Index. Composite Index. Portfolio 6. VanEck Vectors High-Yield 7. VanEck Vectors Pre-Refunded The PowerShares VRDO Tax-Free Municipal Index ETF Municipal Index ETF Weekly Portfolio seeks investment The VanEck Vectors High-Yield The VanEck Vectors Pre-Refunded results that generally correspond (before Municipal Index ETF seeks to replicate Municipal Index ETF seeks to replicate fees and expenses) to the price and yield as closely as possible, before fees and as closely as possible, before fees and of the Bloomberg U.S. Municipal AMT- expenses, the price and yield expenses, the price and yield Free Weekly VRDO Index. The performance of the Bloomberg Barclays performance of the Bloomberg Barclays Bloomberg U.S. Municipal AMT-Free Municipal Custom High Yield Municipal Pre-Refunded—Treasury- Weekly VRDO Index is comprised of Composite Index. The Bloomberg Escrowed Index. The Bloomberg municipal securities issued in the Barclays Municipal Custom High Yield Barclays Municipal Pre-Refunded— primary market as variable rate demand Composite Index is a market size Treasury-Escrowed Index is a market obligation (‘‘VRDO’’) bonds. Only weighted index composed of publicly size weighted index comprised of VRDOs whose interest rates are reset traded municipal bonds that cover the publicly traded municipal bonds that weekly are included in the Bloomberg U.S. dollar denominated high yield cover the U.S. dollar denominated tax- U.S. Municipal AMT-Free Weekly long-term tax-exempt bond market. The exempt bond market. The Bloomberg VRDO Index, and the Bloomberg U.S. Bloomberg Barclays Municipal Custom Barclays Municipal Pre-Refunded— Municipal AMT-Free Weekly VRDO High Yield Composite Index is Treasury-Escrowed Index is comprised Index excludes secondary or derivative calculated using a market value of pre-refunded and/or escrowed-to- VRDOs (tender option bonds). To be

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included in the Bloomberg U.S. Bloomberg Barclays Managed Money 10. SPDR Nuveen Bloomberg Barclays Municipal AMT-Free Weekly VRDO Municipal Short Term Index must be Municipal Bond ETF ¥ Index, constituents must be rated by at rated Aa3/AA or higher by at least The Exchange states that, according to least one of the following statistical two of the following statistical ratings its prospectus, the SPDR Nuveen rating agencies at the following agencies: Moody’s, S&P, or Fitch. If only Bloomberg Barclays Municipal Bond ¥ minimum ratings: Moody’s as A 3 for one of the agencies rates the security, ETF seeks to provide investment results long-term bonds or Prime-2 for short- the rating must be at least Aa3/AA¥. ¥ that, before fees and expenses, term bonds; by S&P as A for long-term Each security in the Bloomberg Barclays ¥ correspond generally to the price and bonds or A 2 for short-term bonds; and Managed Money Municipal Short Term yield performance of the Bloomberg by Fitch as A¥ for long-term bonds or ¥ Index must have an outstanding par Barclays Municipal Managed Money F 2 for short-term bonds. value of at least $7 million and be Index which tracks the U.S. municipal As of April 1, 2017, the Bloomberg US issued as part of a transaction of at least bond market. The Bloomberg Barclays Municipal AMT-Free Weekly VRDO Municipal Managed Money Index is Index included 1,494 component fixed $75 million. designed to track the U.S. long term tax- income municipal bond securities from As of April 1, 2017, the Bloomberg exempt bond market, including state issuers in 49 different states or U.S. Barclays Managed Money Municipal and local general obligation bonds, territories. The most heavily weighted Short Term Index included 4,263 revenue bonds, pre-refunded bonds, and security in the index represented component fixed income municipal insured bonds. The Bloomberg Barclays approximately 0.75% of the total weight bond securities from issuers in 44 Municipal Managed Money Index is of the index and the aggregate weight of different states or U.S. territories. The comprised of tax-exempt municipal the top five most heavily weighted most heavily weighted security in the securities issued by states, cities, securities in the index represented index represented approximately 0.75% counties, districts and their respective approximately 2.75% of the total weight of the total weight of the index, and the of the index. Approximately 44.76% of agencies. The Bloomberg Barclays aggregate weight of the top five most Municipal Managed Money Index also the weight of the index components was heavily weighted securities in the index composed of individual maturities that includes municipal lease obligations, represented approximately 2% of the which are securities issued by state and were part of an entire municipal bond total weight of the index. offering with a minimum original local governments and authorities to Approximately 94.54% of the weight of finance the acquisition of equipment principal amount outstanding of $100 the index components was composed of million or more for all maturities in the and facilities. All bonds in the individual maturities that were part of offering. Approximately 34.88% of the Bloomberg Barclays Municipal Managed an entire municipal bond offering with ¥ weight of the components in the index Money Index must be rated Aa3/AA had a minimum original principal a minimum original principal amount or higher by at least two of the following amount outstanding of $100 million or outstanding of $100 million or more for statistical ratings agencies: Moody’s, more. In addition, the total dollar all maturities in the offering. S&P, and Fitch. If only one of the Approximately 10.82% of the weight of agencies rates the security, the rating amount outstanding of issues in the ¥ index was approximately the components in the index had a must be at least Aa3/AA . Each $68,489,564,000, and the average dollar minimum original principal amount security in the Bloomberg Barclays amount outstanding of issues in the outstanding of $100 million or more. In Municipal Managed Money Index must index was approximately $45,843,082. addition, the total dollar amount have an outstanding par value of at least Generally, the PowerShares VRDO outstanding of issues in the index was $7 million and be issued as part of a Tax-Free Weekly Portfolio invests at approximately $85,187,709,681, and the transaction of at least $75 million. least 80% of its total assets in VRDO average dollar amount outstanding of As of April 1, 2017, the Bloomberg bonds that are exempt from federal issues in the index was approximately Barclays Municipal Managed Money income tax with interest rates that reset $19,983,042. Index included 22,247 component fixed weekly that comprise the Bloomberg income municipal bond securities from Under normal market conditions, the issuers in 48 different states or U.S. U.S. Municipal AMT-Free Weekly SPDR Nuveen Bloomberg Barclays Short VRDO Index. territories. The most heavily weighted Term Municipal Bond ETF generally security in the index represented less 9. SPDR Nuveen Bloomberg Barclays invests substantially all, but at least than 0.25% of the total weight of the Short Term Municipal Bond ETF 80%, of its total assets in the securities index, and the aggregate weight of the The SPDR Nuveen Bloomberg comprising the Bloomberg Barclays top five most heavily weighted Barclays Short Term Municipal Bond Managed Money Municipal Short Term securities in the index represented ETF seeks to provide investment results Index or in securities that the fund’s approximately 0.50% of the total weight that, before fees and expenses, sub-adviser determines have economic of the index. Approximately 95.05% of correspond generally to the price and characteristics that are substantially the weight of the index components was yield performance of the Bloomberg identical to the economic characteristics composed of individual maturities that Barclays Managed Money Municipal of the securities that comprise the were part of an entire municipal bond Short Term Index which tracks the short Bloomberg Barclays Managed Money offering with a minimum original term tax exempt municipal bond Municipal Short Term Index. In principal amount outstanding of $100 market. The Bloomberg Barclays addition, the SPDR Nuveen Bloomberg million or more for all maturities in the Managed Money Municipal Short Term Barclays Short Term Municipal Bond offering. Approximately 13.35% of the Index is designed to track the publicly ETF may invest in debt securities that weight of the components in the index traded municipal bonds that cover the are not included in the Bloomberg had a minimum original principal U.S. dollar denominated short term tax Barclays Managed Money Municipal amount outstanding of $100 million or exempt bond market, including state Short Term Index, cash and cash more. In addition, the total dollar and local general obligation bonds, equivalents or money market amount outstanding of issues in the revenue bonds, pre-refunded bonds, and instruments, such as repurchase index was approximately insured bonds. All bonds in the agreements and money market funds. $496,240,108,998, and the average

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dollar amount outstanding of issues in of the total weight of the index, and the $25 million. To remain in the S&P New the index was approximately aggregate weight of the top five most York AMT-Free Municipal Bond Index, $22,305,934. heavily weighted securities in the index bonds must maintain a minimum par Under normal market conditions, the represented approximately 2.75% of the amount greater than or equal to $25 SPDR Nuveen Bloomberg Barclays total weight of the index. million as of the next rebalancing date. Municipal Bond ETF generally invests Approximately 96.31% of the weight of As of April 1, 2017, the S&P New substantially all, but at least 80%, of its the index components was composed of York AMT-Free Municipal Bond Index total assets in the securities comprising individual maturities that were part of included 2,191 component fixed income the Bloomberg Barclays Municipal an entire municipal bond offering with municipal bond securities from more Managed Money Index or in securities a minimum original principal amount than 20 distinct municipal bond issuers that the fund’s sub-adviser determines outstanding of $100 million or more for in the State of New York. The most have economic characteristics that are all maturities in the offering. heavily weighted security in the index substantially identical to the economic Approximately 38.89% of the weight of represented approximately 1.50% of the characteristics of the securities that the components in the index had a total weight of the index, and the comprise the Bloomberg Barclays minimum original principal amount aggregate weight of the top five most Municipal Managed Money Index. In outstanding of $100 million or more. In heavily weighted securities in the index addition, the SPDR Nuveen Bloomberg addition, the total dollar amount represented approximately 4.25% of the Barclays Municipal Bond ETF may outstanding of issues in the index was total weight of the index. invest in debt securities that are not approximately $137,796,471,640, and Approximately 98.63% of the weight of included in the Bloomberg Barclays the average dollar amount outstanding the index components was composed of Municipal Managed Money Index, cash of issues in the index was individual maturities that were part of and cash equivalents or money market approximately $65,151,996. an entire municipal bond offering with instruments, such as repurchase Generally, the iShares California a minimum original principal amount agreements and money market funds. Muni Bond ETF invests at least 90% of outstanding of $100 million or more for its assets in the component securities of all maturities in the offering. 11. iShares California Muni Bond ETF the S&P California AMT-Free Municipal Approximately 34.50% of the weight of The iShares California Muni Bond Bond Index and may invest up to 10% the components in the index had a ETF seeks to track the investment of its assets in certain futures, options minimum original principal amount results of the S&P California AMT-Free and swap contracts, cash and cash outstanding of $100 million or more. In Municipal Bond Index, which measures equivalents, including shares of money addition, the total dollar amount the performance of the investment grade market funds, as well as in securities outstanding of issues in the index was segment of the California municipal not included in the S&P California approximately $124,381,556,872, and bond market. The S&P California AMT- AMT-Free Municipal Bond Index, but the average dollar amount outstanding Free Municipal Bond Index is a subset which the fund’s investment advisor of issues in the index was of the S&P National AMT-Free believes will help the fund track the approximately $56,769,309. Municipal Bond Index and is comprised S&P California AMT-Free Municipal Generally, the iShares New York of municipal bonds issued in the State Bond Index. Muni Bond ETF invests at least 90% of of California. The S&P California AMT- its assets in the component securities of Free Municipal Bond Index primarily 12. iShares New York Muni Bond ETF the S&P New York AMT-Free Municipal includes municipal bonds from issuers The iShares New York Muni Bond Bond Index and may invest up to 10% in California that are California state or ETF seeks to track the investment of its assets in certain futures, options local governments or agencies whose results of the S&P New York AMT-Free and swap contracts, cash and cash interest payments are exempt from U.S. Municipal Bond Index, which measures equivalents, including shares of money federal and California state income taxes the performance of the investment grade market funds, as well as in securities and the federal alternative minimum segment of the New York municipal not included in the S&P New York tax. Each bond in the S&P California bond market. The S&P New York AMT- AMT-Free Municipal Bond Index x, but AMT-Free Municipal Bond Index must Free Municipal Bond Index is a subset which the fund’s investment advisor have a rating of at least BBB¥ by S&P, of the S&P National AMT-Free believes will help the fund track the Baa3 by Moody’s, or BBB¥ by Fitch. Municipal Bond Index and is comprised S&P New York AMT-Free Municipal Each bond in the S&P California AMT- of municipal bonds issued in the State Bond Index. Free Municipal Bond Index must be of New York. The S&P New York AMT- denominated in U.S. dollars, must be a Free Municipal Bond Index primarily B. The Continued Listing and Trading of constituent of an offering where the includes municipal bonds from issuers the Shares original offering amount was at least in New York that are New York state or The Exchange states that it is $100 million, and must have a local governments or agencies whose appropriate to continue to list and trade minimum par amount of $25 million. To interest payments are exempt from U.S. the Shares based on the characteristics remain in the S&P California AMT-Free federal and New York State personal of the indexes underlying the Municipal Municipal Bond Index, bonds must income taxes and the federal alternative Bond Funds. According to the maintain a minimum par amount greater minimum tax. Each bond in the S&P Exchange, each index underlying the than or equal to $25 million as of the New York AMT-Free Municipal Bond Municipal Bond Funds satisfies all of next rebalancing date. Index must have a rating of at least the generic listing requirements for As of April 1, 2017, the S&P BBB¥ by S&P, Baa3 by Moody’s, or Investment Company Units based on a California AMT-Free Municipal Bond BBB¥ by Fitch. Each bond in the S&P fixed income index, except for the Index included 2,115 component fixed New York AMT-Free Municipal Bond minimum principal amount outstanding income municipal bond securities from Index must be denominated in U.S. requirement of Commentary .02(a)(2) to more than 150 distinct municipal bond dollars, must be a constituent of an Rule 5.2(j)(3). The Exchange asserts that issuers in the State of California. The offering where the original offering a fundamental purpose behind the most heavily weighted security in the amount was at least $100 million, and minimum principal amount outstanding index represented approximately 0.50% must have a minimum par amount of requirement is to ensure that component

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securities of an index are sufficiently securities; (2) currently, each index Pursuant to Section 19(b)(2)(B) of the liquid such that the potential for index satisfies all of the generic listing Act,18 the Commission is providing manipulation is reduced.11 The requirements under NYSE Arca Rule notice of the grounds for disapproval Exchange asserts that each index 5.2–E(j)(3) except for Commentary under consideration. The Commission is underlying the Municipal Bond Funds .02(a)(2); (3) the continued listing instituting proceedings to allow for is a broad-based index of fixed income criteria under Rules 5.2(j)(3) (except for additional analysis of the proposal’s municipal bond securities that is not Commentary .02(a)(2)) and 5.5(g)(2) consistency with Section 6(b)(5) of the readily susceptible to manipulation. applicable to Investment Company Act, which requires, among other With respect to the Multistate Units will apply to the Shares; and (4) things, that the rules of a national Municipal Bond Funds, the Exchange the issuer of each Municipal Bond Fund securities exchange be ‘‘designed to states: (1) Each underlying index is is required to comply with Rule prevent fraudulent and manipulative broad-based and currently includes, on 10A–3 15 under the Act for the initial acts and practices, to promote just and average, more than 8,000 component and continued listing of the Shares of equitable principles of trade,’’ and ‘‘to securities; (2) currently each underlying each Municipal Bond Fund. In addition, protect investors and the public index includes securities issued by the Exchange represents that the Shares interest.’’ 19 municipal entities in more than 40 will comply with all other requirements states or U.S. territories, and notes that applicable to Investment Company As noted above, the Exchange has the applicable generic listing criterion Units including, but not limited to, submitted this proposed rule change requires that an index contain securities requirements relating to the because the Shares of the Municipal issued by at least 13 non-affiliated dissemination of key information such Bond Funds do not meet all of the 12 issuers; and (3) no single security as the value of the underlying index and generic listing requirements set forth in currently represents more than the applicable Intraday Indicative Value Commentary.02 to NYSE Arca Rule 5.2– approximately 1.5% of the weight of (‘‘IIV’’),16 rules governing the trading of E(j)(3). In the proposal, the Exchange any underlying index, the aggregate equity securities, trading hours, trading describes certain characteristics of the weight of the five most heavily weighted halts, surveillance, information barriers underlying indexes as of April 1, securities in each index does not exceed 20 and the Information Bulletin to Equity 2017, and asserts that those approximately 6% of the weight of the Trading Permit Holders, as set forth in characteristics demonstrate that ‘‘each index, and notes the applicable generic Exchange rules applicable to Investment . . . fund is based on a broad-based listing criterion permits a single index that is not readily susceptible to component security to represent up to Company Units and prior Commission orders approving the generic listing manipulation.’’ 21 Further, the Exchange 30% of the weight of an index and the contends that the ‘‘significant top five component securities to, in rules applicable to the listing and diversification and the lack of aggregate, represent up to 65% of the trading of Investment Company Units. concentration among constituent weight of an index.13 The Exchange III. Proceedings To Determine Whether asserts that this index diversification is securities provides a strong degree of To Approve or Disapprove SR– protection against index significant, and that the absence of NYSEArca–2017–56, as Modified by manipulation.’’ 22 For purposes of constituent concentration in the Amendment No. 1, and Grounds for continued listing of the Shares, underlying indexes provides a strong Disapproval Under Consideration degree of protection against however, apart from the representation manipulation of the indexes.14 The Commission is instituting that each index will have at least 500 With respect to the Single-State proceedings pursuant to Section component securities on an ongoing Municipal Bond Funds, the Exchange 19(b)(2)(B) of the Act 17 to determine basis, the Exchange has not provided states that each underlying index is whether the proposed rule change, as any criteria governing the extent to well-diversified to protect against index modified by Amendment No. 1, should which the indexes may deviate from the manipulation. To support this, the be approved or disapproved. Institution initial set of characteristics that the Exchange states: (1) On average, the of such proceedings is appropriate at Exchange relies on to determine the underlying indexes include more than this time in view of the legal and policy susceptibility of the indexes to 1,500 securities; (2) each underlying issues raised by the proposed rule manipulation. Accordingly, the index includes securities from at least change. Institution of proceedings does Commission seeks commenters’ views 20 distinct municipal bond issuers; and not indicate that the Commission has on whether the Exchange’s statements (3) the most heavily weighted security reached any conclusions with respect to and representations support a in any of the underlying indexes any of the issues involved. Rather, as determination that the continued listing represents approximately 2% of the described below, the Commission seeks and trading of the Shares of the weight of the index, and the aggregate and encourages interested persons to Municipal Bond Funds would be weight of the five most heavily weighted provide comments on the proposed rule consistent with Section 6(b)(5) of the securities in any of the indexes change, as modified by Amendment Act, which, among other things, represents approximately 6.25% of the No. 1. requires that the rules of an exchange be total index weight. designed to prevent fraudulent and The Exchange represents that: (1) On 15 17 CFR 240.10A–3. manipulative acts and practices, to a continuous basis, each index 16 An IIV for each Municipal Bond Fund will be promote just and equitable principles of underlying a Municipal Bond Fund will widely disseminated by one or more major market trade, and to protect investors and the contain at least 500 component data vendors at least every 15 seconds during the Exchange’s Core Trading Session of 9:30 a.m. to public interest. 4:00 p.m., Eastern time. See Amendment No. 1, 11 See Amendment No. 1, supra note 4, at 16. supra note 4, at 18, n.10. The Exchange states that 18 12 See Commentary .02(a)(5) to NYSE Arca Rule currently it understands that several major market Id. 5.2–E(j)(3). data vendors display and/or make widely available 19 15 U.S.C. 78f(b)(5). 13 See Commentary .02(a)(4) to NYSE Arca Rule IIVs taken from the Consolidated Tape Association 20 See supra Section II.A. 5.2–E(j)(3). or other data feeds. 21 See supra note 3, 82 FR at 31652. 14 See Amendment No. 1, supra note 4, at 17. 17 15 U.S.C. 78s(b)(2)(B). 22 See supra note 3, 82 FR at 31653.

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IV. Procedure: Request for Written Commission process and review your ‘‘Exchange’’) filed with the Securities Comments comments more efficiently, please use and Exchange Commission (‘‘SEC’’ or The Commission requests that only one method. The Commission will ‘‘Commission’’) the proposed rule interested persons provide written post all comments on the Commission’s change as described in Items I, II, and submissions of their views, data, and Internet Web site (http://www.sec.gov/ III below, which Items have been rules/sro.shtml). Copies of the arguments with respect to the issues prepared by the Exchange. The submission, all subsequent identified above, as well as any other Commission is publishing this notice to amendments, all written statements concerns they may have with the solicit comments on the proposed rule with respect to the proposed rule proposal. In particular, the Commission change from interested persons. change that are filed with the invites the written views of interested Commission, and all written I. Self-Regulatory Organization’s persons concerning whether the communications relating to the Statement of the Terms of Substance of proposal is consistent with Section proposed rule change between the the Proposed Rule Change 6(b)(5) or any other provision of the Act, Commission and any person, other than The Exchange proposes to amend or the rules and regulations thereunder. those that may be withheld from the Rule 7051, which sets forth the schedule Although there do not appear to be any public in accordance with the of fees that the Exchange charges to its issues relevant to approval or provisions of 5 U.S.C. 552, will be clients for connecting directly to the disapproval that would be facilitated by available for Web site viewing and Exchange’s data centers and/or an oral presentation of views, data, and printing in the Commission’s Public receiving third party market data feeds arguments, the Commission will Reference Room, 100 F Street NE., and other non-Exchange services from consider, pursuant to Rule 19b–4, any Washington, DC 20549, on official the Exchange via circuits provided by request for an opportunity to make an business days between the hours of third party telecommunications oral presentation.23 10:00 a.m. and 3:00 p.m. Copies of the providers. Interested persons are invited to filing also will be available for While these amendments are effective submit written data, views, and inspection and copying at the principal upon filing, the Exchange has arguments regarding whether the office of the Exchange. All comments designated the proposed amendments to proposal should be approved or received will be posted without change; be operative on October 1, 2017. disapproved by October 27, 2017. Any the Commission does not edit personal The text of the proposed rule change person who wishes to file a rebuttal to identifying information from is available on the Exchange’s Web site any other person’s submission must file submissions. You should submit only at http://nasdaq.cchwallstreet.com/, at that rebuttal by November 13, 2017. The information that you wish to make the principal office of the Exchange, and Commission asks that commenters available publicly. All submissions at the Commission’s Public Reference address the sufficiency of the should refer to File Number SR– Room. Exchange’s statements in support of the NYSEArca–2017–56 and should be proposal, which are set forth in submitted on or before October 27, II. Self-Regulatory Organization’s Amendment No. 1,24 in addition to any 2017. Rebuttal comments should be Statement of the Purpose of, and other comments they may wish to submitted by November 13, 2017. Statutory Basis for, the Proposed Rule submit about the proposed rule change. Change For the Commission, by the Division of Comments may be submitted by any Trading and Markets, pursuant to delegated In its filing with the Commission, the of the following methods: authority.25 Exchange included statements Electronic Comments Eduardo A. Aleman, concerning the purpose of and basis for the proposed rule change and discussed • Use the Commission’s Internet Assistant Secretary. any comments it received on the comment form (http://www.sec.gov/ [FR Doc. 2017–21537 Filed 10–5–17; 8:45 am] proposed rule change. The text of these rules/sro.shtml); or BILLING CODE 8011–01–P statements may be examined at the • Send an email to rule-comments@ places specified in Item IV below. The sec.gov. Please include File Number SR– SECURITIES AND EXCHANGE Exchange has prepared summaries, set NYSEArca–2017–56 on the subject line. COMMISSION forth in sections A, B, and C below, of the most significant aspects of such Paper Comments [Release No. 34–81798; File No. SR– • Send paper comments in triplicate NASDAQ–2017–097] statements. to Secretary, Securities and Exchange A. Self-Regulatory Organization’s Commission, 100 F Street NE., Self-Regulatory Organizations; The Statement of the Purpose of, and Washington, DC 20549–1090. NASDAQ Stock Market LLC; Notice of Statutory Basis for, the Proposed Rule Filing and Immediate Effectiveness of Change All submissions should refer to File Proposed Rule Change To Amend the Number SR–NYSEArca–2017–56. This Exchange’s Connectivity Fees at Rule 1. Purpose file number should be included on the 7051 subject line if email is used. To help the The Exchange proposes to amend October 2, 2017. Rule 7051, which sets forth the schedule 23 Section 19(b)(2) of the Act, as amended by the Pursuant to section 19(b)(1) of the of fees that the Exchange charges to its Securities Acts Amendments of 1975, Public Law Securities Exchange Act of 1934 clients for connecting directly to the 94–29 (June 4, 1975), grants the Commission 1 2 Exchange’s data centers and/or flexibility to determine what type of proceeding— (‘‘Act’’), and Rule 19b–4 thereunder, either oral or notice and opportunity for written notice is hereby given that on receiving third party market data feeds comments—is appropriate for consideration of a September 18, 2017, The NASDAQ and other non-Exchange services from particular proposal by a self-regulatory Stock Market LLC (‘‘Nasdaq’’ or the Exchange via circuits provided by organization. See Securities Acts Amendments of third party telecommunications 1975, Senate Comm. on Banking, Housing & Urban Affairs, S. Rep. No. 75, 94th Cong., 1st Sess. 30 25 17 CFR 200.30–3(a)(57). providers. (1975). 1 15 U.S.C. 78s(b)(1). Subscribers may use the connectivity 24 See supra note 3. 2 17 CFR 240.19b–4. provided under Rule 7051 to link them

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to the Exchange for order entry and to primary data center in Carteret, New establishes and maintains under the receive proprietary data feeds, to receive Jersey, a ‘‘POP’’ connection is one in Rule to connect, not only to the public quote feeds from Securities which a client directly connects to the Exchange, but also to any or all of its Information Processors, and to connect Exchange at one of its satellite data sister Exchanges, and in doing so, it will to facilities of FINRA, such as the centers located elsewhere. Each such be billed only once. Certain of the FINRA/Nasdaq TRF. The Exchange POP, in turn, has a fully redundant Exchange’s other Rules already include provides various direct connectivity connection to the Exchange’s primary similar language, including Rules 7030 options based on the capacity of the data center. and 7034. The Exchange wishes now to connection. A subscriber generally The Exchange proposes to list POP add such language to Rule 7051. determines the capacity of the connectivity fees separately from 2. Statutory Basis connection it needs based on the traditional direct circuit connectivity number of data services it wishes to fees because it wishes to highlight POP The Exchange believes that its receive and its estimated usage for connectivity as a distinct connection proposal is consistent with section 6(b) trading and trade reporting purposes. option, particularly as it contemplates of the Act,3 in general, and furthers the For direct connectivity to Nasdaq, expanding the numbers and locations of objectives of sections 6(b)(4) and 6(b)(5) Rule 7051(a) provides for 1 GB, 1 GB its POPs in the future. of the Act,4 in particular, in that it Ultra, and 10 GB Ultra hand-offs. The To effect the foregoing change, the provides for the equitable allocation of installation fee for all such connections Exchange proposes to add a new reasonable dues, fees and other charges is $1,500 and the monthly fee is $7,500 subsection (c) to Rule 7051 entitled among members and issuers and other for 10 GB connections and $2,500 for ‘‘Point of Presence Connectivity.’’ Under persons using any facility, and is not both 1 GB and 1 GB Ultra hand-offs. The proposed Rule 7051(c), the installation designed to permit unfair Exchange also charges a $925 fee to and monthly fees that the Exchange discrimination between customers, customers that choose to install a cable proposes to charge expressly for POP issuers, brokers, or dealers. router in its data center and a monthly connectivity would not be new fees and The Exchange believes that its fee of $150 for customers that choose to they would differ only in name, and not proposal to separately list its fees for install equipment in the Exchange’s data in amount, from those fees that clients POP connectivity is reasonable as a center to support the connectivity. presently pay under Rule 7051(a) for the means of clearly distinguishing POP For direct connectivity to third party same connectivity. The new subsection connectivity from traditional direct services, Rule 7051(b) provides for 1GB would provide for clients to choose circuit connectivity as set forth in Rule Ultra and 10 GB Ultra hand-offs. The between 10 GB Ultra and 1 GB Ultra 7051(a). The proposal will not assess installation fee for both 10 GB Ultra and bandwidth hand-offs for connections to any new or different fees to customers 1 GB Ultra direct connections is $1,500. POPs. However, the proposed that connect to the Exchange through Meanwhile, the monthly fee is $5,000 subsection (c) will not include charges POPs. Instead, the proposal will merely for 10 GB Ultra connections and $2,000 for installing optional cable routers or re-characterize the fees that clients for 1 GB Ultra hand-offs. For 1 GB Ultra cabinet space rentals insofar as clients presently pay under Rule 7051(a) as or 10 GB Ultra connections for UTP may not install routers in or rent cabinet relating specifically to POP only, the installation fee and monthly space directly from the Exchange at the connectivity. The Exchange also fee is waived for the first two POPs. Likewise, proposed subsection (c) believes that this proposal is an connections and thereafter the will not include fees for regular 1 GB equitable allocation and is not unfairly installation fee is $100 and the monthly hand-offs insofar such hand-offs are not discriminatory because it will apply all fee is also $100. Again, the Exchange available for connections to POPs. similarly situated clients that connect charges a $925 fee to customers that In addition to the above, the Exchange through POPs. choose to install a cable router in its proposes to update the headings of Rule The Exchange believes that its data center for purposes of receiving 7051(a) and (b) so that they more proposal to modify the headings of these third party services and a monthly accurately reflect the nature of the subsections (a) and (b) of Rule 7051 is fee of $150 for customers that choose to services to which they apply. Because also reasonable because it clarifies that install equipment in the Exchange’s data Rule 7051(a) and (b) list the fees that the the fees in these subsections pertain center to support the connectivity. Exchange charges customers for specifically to connections to the In order to reflect the changing nature installing and maintaining direct Exchange that involve circuits provided of the Exchange’s ecosystem and of the telecommunications ‘‘circuit’’ by external telecommunications connection technologies it employs, the connectivity with the Exchange, the providers. Again, this proposal is an Exchange proposes to clarify Rule 7051 Exchange proposes to change the equitable allocation and is not unfairly in several respects. heading of subsection (a) from ‘‘Direct discriminatory in that it will apply to all First, the Exchange proposes to list Connectivity to Nasdaq’’ to ‘‘Direct clients that use such direct circuits to separately those fees it charges for Circuit Connection to Nasdaq’’ and the connect to the Exchange. certain connectivity that it presently heading of subsection (b) from ‘‘Direct Lastly, the Exchange believes that its includes under the general heading of Connectivity to Third Party Services’’ to proposal is reasonable and Direct Connectivity, pursuant to Rule ‘‘Direct Circuit Connection to Third nondiscriminatory to clarify that each of 7051(a). Specifically, the Exchange Party Services.’’ the connection options and fees set forth proposes to break out the fees it charges Lastly, the Exchange proposes to in Rule 7051 generally provide for to clients that connect directly to the amend Rule 7051 to state that the connectivity to The NASDAQ Stock Exchange through a ‘‘Point of Presence’’ connectivity provided under the Rule Market LLC, NASDAQ BX, Inc., or ‘‘POP’’ from the fees it charges to also applies to connectivity to the NASDAQ PHLX LLC, Nasdaq ISE LLC, clients that connect through a direct markets of The NASDAQ Stock Market Nasdaq MRX LLC, and Nasdaq GEMX circuit connection. In contrast to a LLC, NASDAQ BX, Inc., NASDAQ LLC. The Exchange does not restrict its traditional direct circuit connection, in PHLX LLC, Nasdaq ISE LLC, Nasdaq clients from utilizing their direct which a client uses an external MRX LLC, and Nasdaq GEMX LLC. This telecommunications provider’s circuit purpose of this proposal is to specify 3 15 U.S.C. 78f(b). to connect directly to the Exchange’s that a client can use the connections it 4 15 U.S.C. 78f(b)(4) and (5).

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connections to it to also access its sister Paper Comments verified notice of exemption under 49 exchanges, and it does not charge its • Send paper comments in triplicate CFR 1150.31 to acquire by lease from clients more than once to do so. Scrap Metal Services, LLC (SMS), and to to Secretary, Securities and Exchange 1 Although certain of the Exchange’s Commission, 100 F Street NE., operate, approximately 2,115 linear other connectivity Rules already make Washington, DC 20549–1090. feet (0.40 mile) of railroad right-of-way these points clear (e.g., Rules 7030 and and trackage located at the East Chicago 7034), Rule 7051 does not do so. The All submissions should refer to File Transload Facility at the intersection of Exchange therefore believes its proposal Number SR–NASDAQ–2017–097. This East 151st Street and the Indiana Harbor to clarify Rule 7051 is warranted. file number should be included on the Belt Railroad right-of-way in East subject line if email is used. To help the Chicago, Ind. (the East Chicago B. Self-Regulatory Organization’s Commission process and review your Transload Facility trackage), pursuant to Statement on Burden on Competition comments more efficiently, please use an agreement. SMS Realty (East The Exchange does not believe that only one method. The Commission will Chicago), LLC, owns the East Chicago the proposed rule change will impose post all comments on the Commission’s Transload Facility trackage, which is any burden on competition not Internet Web site (http://www.sec.gov/ leased to SMS. necessary or appropriate in furtherance rules/sro.shtml). Copies of the According to SMSRRIN, there are no of the purposes of the Act. The proposal submission, all subsequent mileposts associated with the East merely clarifies the Exchange’s existing amendments, all written statements Chicago Transload Facility trackage. services and associated fees and the with respect to the proposed rule SMSRRIN states that the trackage is Exchange does not anticipate that such change that are filed with the used in conjunction with interchanging clarifications will have any impact on Commission, and all written to and from Indiana Harbor Belt competition whatsoever. communications relating to the Railroad carloads of scrap metal for proposed rule change between the transloading into trucks for delivery to C. Self-Regulatory Organization’s Commission and any person, other than metal working manufacturers. Statement on Comments on the those that may be withheld from the SMSRRIN asserts that, because the Proposed Rule Change Received From public in accordance with the trackage in question will constitute the Members, Participants, or Others provisions of 5 U.S.C. 552, will be entire line of railroad of SMSRRIN, this No written comments were either available for Web site viewing and trackage is a line of railroad under 49 solicited or received. printing in the Commission’s Public U.S.C. 10901, rather than spur, Reference Room, 100 F Street NE., switching, or side tracks excepted from III. Date of Effectiveness of the Washington, DC 20549 on official Board acquisition and operation Proposed Rule Change and Timing for business days between the hours of authority by virtue of 49 U.S.C. 10906.2 Commission Action 10:00 a.m. and 3:00 p.m. Copies of the Although SMSRRIN states in its The foregoing rule change has become filing also will be available for verified notice that the operations were effective pursuant to section inspection and copying at the principal proposed to be consummated on or 19(b)(3)(A)(ii) of the Act.5 office of the Exchange. All comments about September 15, 2017, this received will be posted without change; transaction may not be consummated At any time within 60 days of the the Commission does not edit personal until October 21, 2017 (30 days after the filing of the proposed rule change, the identifying information from verified notice was filed). Commission summarily may submissions. You should submit only SMSRRIN certifies that its projected temporarily suspend such rule change if information that you wish to make annual revenues as a result of this it appears to the Commission that such available publicly. All submissions transaction do not exceed those that action is: (i) Necessary or appropriate in should refer to File Number SR– would qualify it as a Class III rail carrier the public interest; (ii) for the protection NASDAQ–2017–097, and should be and will not exceed $5 million. of investors; or (iii) otherwise in submitted on or before October 27, SMSRRIN also certifies that there are no furtherance of the purposes of the Act. 2017. provisions or agreements that may limit If the Commission takes such action, the For the Commission, by the Division of future interchange commitments. Commission shall institute proceedings If the verified notice contains false or to determine whether the proposed rule Trading and Markets, pursuant to delegated authority.6 misleading information, the exemption should be approved or disapproved. is void ab initio. Petitions to revoke the Eduardo A. Aleman, IV. Solicitation of Comments exemption under 49 U.S.C. 10502(d) Assistant Secretary. may be filed at any time. The filing of Interested persons are invited to [FR Doc. 2017–21541 Filed 10–5–17; 8:45 am] a petition to revoke will not submit written data, views, and BILLING CODE 8011–01–P automatically stay the effectiveness of arguments concerning the foregoing, the exemption. Petitions to stay must be including whether the proposed rule filed no later than October 13, 2017 (at change is consistent with the Act. SURFACE TRANSPORTATION BOARD least seven days before the exemption Comments may be submitted by any of [Docket No. FD 36145] becomes effective). the following methods: An original and 10 copies of all Electronic Comments Scrap Metal Services Terminal pleadings, referring to Docket No. FD • Railroad Company (Indiana), LLC— 36145, must be filed with the Surface Use the Commission’s Internet Transportation Board, 395 E Street SW., comment form (http://www.sec.gov/ Lease and Operation Exemption—Rail Line of Scrap Metal Services, LLC rules/sro.shtml); or 1 A draft copy of the operating agreement was • Send an email to rule-comments@ Scrap Metal Services Terminal submitted with the notice of exemption. sec.gov. Please include File Number SR– Railroad Company (Indiana), LLC 2 See Effingham R.R.—Pet. for Declaratory NASDAQ–2017–097 on the subject line. Order—Constr. at Effingham, Ill., 2 S.T.B. 606, (SMSRRIN), a noncarrier, has filed a 609–10 (STB served Sept. 12, 1997), aff’d sub nom. United Transp. Union-Illinois Legislative Bd. v. 5 15 U.S.C. 78s(b)(3)(A)(ii). 6 17 CFR 200.30–3(a)(12). STB, 183 F.3d 606 (7th Cir. 1999).

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Washington, DC 20423–0001. In DEPARTMENT OF TRANSPORTATION West Building Ground Floor at 1200 addition, a copy of each pleading must New Jersey Avenue SE., Washington, be served on SMSRRIN’s representative, Federal Aviation Administration DC, between 9 a.m. and 5 p.m., Monday David C. Dillon, Dillon & Nash, Ltd., [Summary Notice No. PE–2017–78] through Friday, except Federal holidays. 3100 Dundee Road, Suite 508, FOR FURTHER INFORMATION CONTACT: Northbrook, IL 60062. Petition for Exemption; Summary of Lynette Mitterer, AIR–673, Federal According to SMSRRIN, this action is Petition Received Aviation Administration, 1601 Lind categorically excluded from Avenue SW., Renton, WA 98057–3356, environmental review under 49 CFR AGENCY: Federal Aviation email [email protected], phone 1105.6(c). Administration (FAA), DOT. (425) 227–1047; or Alphonso Board decisions and notices are ACTION: Notice of petition for exemption Pendergrass, ARM–200, Office of available on our Web site at received. Rulemaking, Federal Aviation ‘‘WWW.STB.GOV.’’ Administration, 800 Independence SUMMARY: This notice contains a Avenue SW., Washington, DC 20591, Decided: October 2, 2017. summary of a petition seeking relief email [email protected], By the Board, Scott M. Zimmerman, Acting from specified requirements of Federal phone (202) 267–4713. Director, Office of Proceedings. Aviation Regulations. The purpose of Kenyatta Clay, This notice is published pursuant to this notice is to improve the public’s 14 CFR 11.85. Clearance Clerk. awareness of, and participation in, this [FR Doc. 2017–21531 Filed 10–5–17; 8:45 am] aspect of the FAA’s regulatory activities. Issued in Renton, Washington. BILLING CODE 4915–01–P Neither publication of this notice nor Victor Wicklund, the inclusion or omission of information Manager, Transport Standards Branch. in the summary is intended to affect the Petition for Exemption legal status of the petition or its final OFFICE OF THE UNITED STATES disposition. Docket No.: FAA–2017–0891. TRADE REPRESENTATIVE Petitioner: Boeing. DATES: Comments on this petition must Section of 14 CFR Affected: identify the petition docket number § 25.903(d)(1). [Docket Number USTR–2017–0018] involved and must be received on or Description of Relief Sought: Boeing is before October 16, 2017. requesting relief from the requirements Request for Comments Concerning an ADDRESSES of 14 CFR 25.903(d)(1), amendment 25– Environmental Review of the Proposed : Send comments identified 100 for a limited number of 767–2C Renegotiation of the North American by docket number FAA–2017–0891 airplanes. The regulation requires that Free Trade Agreement; Correction using any of the following methods: • Federal eRulemaking Portal: Go to hazards due to uncontained engine AGENCY: Office of the United States http://www.regulations.gov and follow failures be minimized. There is a Trade Representative the online instructions for sending your portion of the wiring for the engine ACTION: Notice; correction. comments electronically. thrust control system where the • Mail: Send comments to Docket redundant channels are not sufficiently SUMMARY: The Trade Policy Staff Operations, M–30; U.S. Department of separated for 1⁄3-disc fragments within Committee (TPSC) published a Transportation (DOT), 1200 New Jersey the uncontained engine failure hazard document in the Federal Register of Avenue SE., Room W12–140, West zone. The relief sought is limited to September 26, 2017, requesting Building Ground Floor, Washington, DC those 767–2C airplanes completed prior comments that will assist the Office of 20590–0001. to the production incorporation of the the United States Trade Representative • Hand Delivery or Courier: Take design change that sufficiently separates (USTR) in an environmental review comments to Docket Operations in engine thrust control wiring. relating to the renegotiation of the North Room W12–140 of the West Building [FR Doc. 2017–21543 Filed 10–5–17; 8:45 am] American Free Trade Agreement Ground Floor at 1200 New Jersey BILLING CODE 4910–13–P (NAFTA), a free trade agreement Avenue SE., Washington, DC, between 9 between the United States, Canada, and a.m. and 5 p.m., Monday through Mexico. The document contained an Friday, except Federal holidays. DEPARTMENT OF TRANSPORTATION incorrect docket number. The correct • Fax: Fax comments to Docket docket number is Docket Number Operations at 202–493–2251. Federal Highway Administration USTR–2017–0018. Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the Notice of Final Federal Agency Actions FOR FURTHER INFORMATION CONTACT: on Proposed Highway Project in Utah Direct questions about submission of public to better inform its rulemaking comments to Yvonne Jamison at (202) process. DOT posts these comments, AGENCY: Utah Department of 395–3475. Direct substantive questions without edit, including any personal Transportation (UDOT), Federal to Sarah Stewart at (202) 395–7320. information the commenter provides, to Highway Administration (FHWA), Correction: In the Federal Register of http://www.regulations.gov, as Department of Transportation. September 26, 2017, in FR Doc. 2017– described in the system of records ACTION: Notice of Limitation on Claims 20526, 82 FR 44868–69, correct the notice (DOT/ALL–14 FDMS), which can for Judicial Review of Actions by UDOT docket number wherever it appears to be reviewed at http://www.dot.gov/ on behalf of FHWA, and Federal read Docket Number USTR–2017–0018. privacy. agencies. Docket: Background documents or Edward Gresser, comments received may be read at SUMMARY: This notice announces certain Chair, Trade Policy Staff Committee, Office http://www.regulations.gov at any time. actions taken by UDOT on behalf of of the United States Trade Representative. Follow the online instructions for FHWA and other Federal agencies. The [FR Doc. 2017–21772 Filed 10–5–17; 8:45 am] accessing the docket or go to the Docket actions relate to a proposed highway BILLING CODE 3290–F8–P Operations in Room W12–140 of the project located on Interstate 80 (I–80),

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from approximate milepost (MP) 142.1 Ranch Westbound Truck Lane in Salt DEPARTMENT OF TRANSPORTATION to MP 136, in the Counties of Summit Lake and Summit Counties, Utah, and Salt Lake, State of Utah. Those Project No. F–I80–4(151)139), approved Federal Highway Administration actions grant licenses, permits and on June 26, 2017, and in other approvals for the project. documents in the UDOT project records. Notice of Final Federal Agency Actions on the West Davis Corridor Project, DATES: By this notice, the FHWA, on The CE and other project records are Davis and Weber County, Utah behalf of UDOT, is advising the public available by contacting UDOT at the of final agency actions subject to 23 address provided above. AGENCY: Federal Highway U.S.C. 139(l)(1). A claim seeking This notice applies to the CE, the Administration (FHWA), DOT. judicial review of the Federal agency Section 4(f) Determination, the NHPA ACTION: Notice of Limitation on Claims actions on the highway project will be Section 106 Review, the ESA Section 7 for Judicial Review of Actions by barred unless the claim is filed on or Effects Determination, the Noise FHWA. before March 5, 2018. If the Federal law Assessment, and all other UDOT and that authorizes judicial review of a Federal agency decisions as of the SUMMARY: This notice announces actions claim provides a time period of less issuance date of this notice and all laws taken by the FHWA. The actions relate than 150 days for filing such claim, then under which such actions were taken, to a proposed highway project, West that shorter time period still applies. including but not limited to the Davis Corridor (Project S–0067(14)0) FOR FURTHER INFORMATION CONTACT: For following laws (including their starting in Centerville, Utah and ending UDOT: Brandon Weston, Director of implementing regulations): in West Point, Utah in Davis County, Environmental Services, UDOT 1. General: National Environmental Utah. Those actions grant licenses, Environmental Services, P.O. Box Policy Act (NEPA), 42 U.S.C. 4321– permits, and approvals for the project. 148380, Salt Lake City, UT 84114; 4370; Federal-Aid Highway Act, 23 DATES: By this notice, the FHWA is telephone: (801) 965–4603; email: U.S.C. 109. advising the public of final agency [email protected]. UDOT’s 2. Air: Clean Air Act, 42 U.S.C. 7401– actions subject to 23 U.S.C. 139(l)(1). A normal business hours are 8:00 a.m. to 7671q. claim seeking judicial review of the 5:00 p.m. (Mountain Standard Time), 3. Land: Section 4(f) of the Federal agency actions on the highway Monday through Friday, except State Department of Transportation Act of project will be barred unless the claim and Federal holidays. 1966, 49 U.S.C. 303; 23 U.S.C. 138; is filed on or before March 5, 2018. If SUPPLEMENTARY INFORMATION: Effective Landscaping and Scenic Enhancement the Federal law that authorizes judicial July 1, 2008 and renewed on July 1, (Wildflowers), 23 U.S.C. 319. review of a claim provides a time period 2011, June 30, 2014, and June 23, 2017, 4. Wildlife: Endangered Species Act, of less than 150 days for filing such FHWA assigned, and UDOT assumed, 16 U.S.C. 1531–1544 and Section 1536; claim, then that shorter time period still all environmental responsibilities for Fish and Wildlife Coordination Act, 16 applies. this project pursuant to 23 U.S.C. 326 U.S.C. 661–667d; Migratory Bird Treaty FOR FURTHER INFORMATION CONTACT: For Categorical Exclusion Assignment Act, 16 U.S.C. 703–712. FHWA contact Paul Ziman, Area Memorandum of Understanding. Notice 5. Water: Section 404 of the Clean Manager, Federal Highway is hereby given that UDOT has taken Water Act, 33 U.S.C. 1344; E.O. 11990, Administration, 2520 West 4700 South, final agency actions subject to 23 U.S.C. Protection of Wetlands. Suite 9A, Salt Lake City, UT 84118, 139(l)(1) by issuing licenses, permits, 6. Historic and Cultural Resources: Telephone: (801) 955–3525, Email: and approvals for the I–80; Parleys Section 106 of the National Historic [email protected]. The Utah Summit to Jeremy Ranch Westbound Preservation Act of 1966, 16 U.S.C. 470f; Department of Transportation (UDOT) Truck Lane project in the State of Utah. Archeological Resources Protection Act contact is Randy Jefferies, Project This project proposes to improve I–80 of 1977, 16 U.S.C. 470aa–470mm; Manager, 166 Southwell Street Ogden, from approximate MP 136 to Archeological and Historic Preservation UT 84404, Telephone: (801) 620–1690, approximate MP 142.1 to address safety Act, 16 U.S.C. 469–469c. Email: [email protected]. issues associated with semi-truck 7. Noise: Federal-Aid Highway Act of SUPPLEMENTARY INFORMATION: Notice is congestion, reduce the potential for 1970, Public Law 91–605, 84 Stat. 1713. hereby given that FHWA has taken final wildlife/motorists incidents, and 8. Executive Orders: E.O. 11593 agency action subject to 23 U.S.C. address deficient pavement conditions Protection and Enhancement of Cultural 139(l)(1) by issuing an approval for the located in the counties of Salt Lake and Resources; E.O. 13287 Preserve following highway project in the State Summit, Utah. The project consists of America; E.O. 12898, Federal Actions to of Utah. The primary purposes of the the following elements: (1) Add an Address Environmental Justice and West Davis Corridor project are to additional westbound truck climbing Low-Income Populations. reduce delay and congestion in western lane from approximate MP 138.3 to (Catalog of Federal Domestic Assistance Davis and Weber Counties. As proposed 141.8; (2) constructing a wildlife bridge Program Number 20.205, Highway Planning the project is about 19 miles and would over I–80 at approximate MP 139 and and Construction. The regulations be a four-lane divided highway with a installing exclusionary wildlife fencing implementing Executive Order 12372 250-foot right-of-way width from I–15 in and escape ramps through the project; regarding intergovernmental consultation on Farmington to Antelope Drive in Davis and (3) pavement rehabilitation along Federal programs and activities apply to this County. From Antelope Drive to 1800 all east- and westbound lanes program.) North in West Point, the B Alternatives throughout the corridor. These Authority: 23 U.S.C. 139(l)(1) would be a 146-foot-wide, limited- improvements were identified in the access, two-lane highway. The action of Categorical Exclusion for the project. Issued on: September 28, 2017. approval by FHWA and the laws under The actions by UDOT and the Federal Ivan Marrero, which such actions were taken, are agencies, and the laws under which Division Administrator, Federal Highway described in the Final Environmental such actions were taken, are described Administration, Salt Lake City, Utah. Impact Statement (FEIS) for the project, in the Categorical Exclusion (CE) for the [FR Doc. 2017–21562 Filed 10–5–17; 8:45 am] approved on June 23, 2017, in the project (I–80; Parleys Summit to Jeremy BILLING CODE 4910–RY–P FHWA Record of Decision (ROD) issued

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on September 29, 2017, and in other 13287 Preserve America; E.O. 13175 www.archives.gov and the Government documents in the project records. The Consultation and Coordination with Publishing Office’s database. FEIS and ROD and other project records Indian Tribal Governments; E.O. 11514 Background are available by contacting FHWA and Protection and Enhancement of UDOT at the addresses provided above. Environmental Quality; E.O. 13112 This notice provides information The FEIS and ROD can be viewed and Invasive Species. regarding FHWA’s finding that a Buy America waiver is appropriate for the downloaded from the project Web site at (Catalog of Federal Domestic Assistance http://www.udot.utah.gov/westdavis/, or Program Number 20.205, Highway Planning obligation of Federal-aid funds for 4 obtained from any contact listed above. and Construction. The regulations California projects involving the This notice applies to all Federal implementing Executive Order 12372 acquisition of vehicles under the agency decisions that are final as of the regarding intergovernmental consultation on Congestion Mitigation and Air Quality issuance date of this notice and all laws Federal programs and activities apply to this Improvement (CMAQ) program. The under which such actions were taken, program.) waiver would apply to approximately including but not limited to: Authority: 23 U.S.C. 139(l)(1). 29 vehicle acquisitions on the condition that they be assembled in the United 1. General: National Environmental Issued on: October 2, 2017. States. These involve 17 compressed Policy Act (NEPA) [42 U.S.C. 4321– Ivan Marrero, 4351]; Federal-Aid Highway Act [23 natural gas solid waste trucks for the Division Administrator, Federal Highway City of Visalia (CMLNI–5044(117)), 1 U.S.C. 109 and 23 U.S.C. 128]. Administration, Salt Lake City, Utah. 2. Air: Clean Air Act [42 U.S.C. 7401– propane powered school bus for the City 7671q]. [FR Doc. 2017–21561 Filed 10–5–17; 8:45 am] of Visalia (CMLNI–5044(119)), 6 diesel 3. Land: Section 4(f) of the BILLING CODE 4910–RY–P refuse trucks for the City of Tulare Department of Transportation Act of (CMLNI–5072(061)), and 5 compressed 1966 [49 U.S.C. 303; 23 U.S.C. 138]. natural gas refuse trucks for the City of DEPARTMENT OF TRANSPORTATION 4. Wildlife: Endangered Species Act Porterville (CMLNI–5122(086)). [16 U.S.C. 1531–1544 and Section Federal Highway Administration Title 23, Code of Federal Regulations 1536]; Marine Mammal Protection Act (CFR), section 635.410 requires that [16 U.S.C. 1361–1423h]; Fish and Buy America Waiver Notification steel or iron materials (including Wildlife Coordination Act [16 U.S.C. protective coatings) that will be 661–667d]; Migratory Bird Treaty Act AGENCY: Federal Highway permanently incorporated in a Federal- [16 U.S.C. 703–712]. Administration (FHWA), Department of aid project must be domestically 5. Historic and Cultural Resources: Transportation (DOT). manufactured. For FHWA, this means Section 106 of the National Historic ACTION: Notice. that all the processes that modified the Preservation Act of 1966, as amended chemical content, physical shape or SUMMARY: This notice provides [16 U.S.C. 470f]; Archeological size, or final finish of the material (from information regarding FHWA’s finding Resources Protection Act of 1977 [16 initial melting and mixing, continuing that a Buy America waiver is U.S.C. 470aa–470mm]; Archeological through the bending and coating) appropriate for the obligation of and Historic Preservation Act [16 U.S.C. occurred in the United States. The Federal-aid funds for 4 California 469–469c]; Native American Grave statute and regulations create a process projects involving the acquisition of Protection and Repatriation Act for granting waivers from the Buy vehicles under the Congestion (NAGPRA) [25 U.S.C. 3001–3013]. America requirements when its 6. Social and Economic: Civil Rights Mitigation and Air Quality application would be inconsistent with Act of 1964 [42 U.S.C. 2000(d)– Improvement program on the condition the public interest or when satisfactory 2000(d)(1)]; American Indian Religious that they be assembled in the U.S., on quality domestic steel and iron products Freedom Act [42 U.S.C. 1996]; Farmland the basis that there are no domestic are not sufficiently available. In 1983, Protection Policy Act (FPPA) [7 U.S.C. manufacturers that produce the vehicles FHWA determined that it was both in 4201–4209]. identified in this notice in such a way the public interest and consistent with 7. Wetlands and Water Resources: that all their steel and iron elements are the legislative intent to waive Buy Land and Water Conservation Fund manufactured domestically. America for manufactured products (LWCF) [16 U.S.C. 4601–4604]; Safe DATES: The effective date of the waiver other than steel manufactured products. Drinking Water Act (SDWA) [42 U.S.C. is October 10, 2017. However, FHWA’s national waiver for 300f–300j–26)]; Wild and Scenic Rivers FOR FURTHER INFORMATION CONTACT: For manufactured products does not apply Act [16 U.S.C. 1271–1287]. questions about this notice, please to the requests in this notice because 8. Hazardous Materials: contact Mr. Gerald Yakowenko, FHWA they involve predominately steel and Comprehensive Environmental Office of Program Administration, 202– iron manufactured products. The Response, Compensation, and Liability 366–1562, or via email at FHWA’s Buy America requirements do Act (CERCLA) [42 U.S.C. 9601–9675]; [email protected]. For legal not have special provisions for applying Superfund Amendments and questions, please contact Mr. Jomar Buy America to ‘‘rolling stock’’ such as Reauthorization Act of 1986 (SARA); Maldonado, FHWA Office of the Chief vehicles or vehicle components (see 49 Resource Conservation and Recovery Counsel, 202–366–1373, or via email at U.S.C. 5323(j)(2)(C), 49 CFR 661.11, and Act (RCRA) [42 U.S.C. 6901–6992(k)] [email protected]. Office hours 49 U.S.C. 24405(a)(2)(C) for examples of 9. Executive Orders: E.O. 11990 for the FHWA are from 8:00 a.m. to 4:30 Buy America rolling stock provisions for Protection of Wetlands; E.O. 11988 p.m., e.t., Monday through Friday, other DOT agencies). Floodplain Management; E.O. 12898, except Federal holidays. Based on all the information available Federal Actions to Address SUPPLEMENTARY INFORMATION: to the agency, FHWA concludes that Environmental Justice in Minority there are no manufacturers that produce Populations and Low Income Electronic Access the vehicles identified in this notice in Populations; E.O. 11593 Protection and An electronic copy of this document such a way that all their steel and iron Enhancement of Cultural Resources; may be downloaded from the Federal elements are manufactured E.O. 13007 Indian Sacred Sites; E.O. Register’s home page at http:// domestically. The FHWA’s Buy America

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requirements were tailored to the types diminish the purpose of the Buy used in the construction of passenger of products that are typically used in America requirement. Moreover, in rail vehicles to be tested in accordance highway construction, which generally today’s economic environment, the Buy with American Society for Testing and meet the requirement that steel and iron America requirement is especially Materials (ASTM) E 162.98 with a materials be manufactured domestically. significant in that it will ensure that radiant panel index of Is ≤ 25, and In today’s global industry, vehicles are Federal-aid funds are used to support ASTM E 662–01 with a specific optical assembled with iron and steel and create domestic jobs. This approach density Ds (4.0) ≤ 100. components that are manufactured all is similar to the conditional waivers In constructing twenty passenger over the world. The FHWA is not aware previously given for various vehicle coaches for use in phase 1 of the of any domestically produced vehicle projects. Thus, so long as the final Brightline/All Aboard Florida (AAF) on the market that meets FHWA’s Buy assembly of the 29 vehicles occurs in passenger service between Miami and America requirement to have all its iron the United States, applicants to this West Palm Beach, Siemens used a ‘‘K- and steel be manufactured exclusively waiver request may proceed to purchase Flex Eco’’ material that has been tested in the United States. For example, the these vehicles consistent with the Buy with the results of Is = 202 and Ds (4.0) Chevrolet Volt, which was identified by America requirement. = 131. Siemens is requesting a waiver many commenters in a November 21, In accordance with the provisions of from Appendix B as applied to these 2011, Federal Register Notice (76 FR section 117 of the ‘‘Safe, Accountable, two requirements, asserting that the 72027) as a car that is made in the Flexible, Efficient Transportation Equity ‘‘fire risk . . . is negligible and an United States, is comprised of only 45 Act: A Legacy for Users, Technical equivalent level of safety is maintained’’ percent of United States and Canadian Corrections Act of 2008’’ (Pub. L. 110– considering the end use configuration of content according to the National 244), FHWA is providing this notice of the material and the small amount of the Highway Traffic Safety Administration’s its finding that a non-availability waiver material used’’ Siemens further Part 583 American Automobile Labeling of Buy America requirements is indicates it intends the waiver to Act Report Web page at http:// appropriate on the condition that the provide sufficient information to www.nhtsa.gov/Laws+&+Regulations/ vehicles identified in the notice are demonstrate an equivalent level of Part+583+American+Automobile assembled domestically. The FHWA safety in order to prevent the +Labeling+Act+(AALA)+Reports. invites public comment on this finding replacement of the K-Flex Eco Moreover, there is no indication of how for an additional 15 days following the insulation material in the 20 coaches. much of this 45 percent content is effective date of the finding. Comments Siemens also notes that granting the domestically manufactured (from initial may be submitted to FHWA’s Web site requested relief would have a melting and mixing) iron and steel via the link provided to the waiver page considerable positive impact on the content. noted above. project schedule and associated costs. Consistent with the Consolidated Authority: 23 U.S.C. 313; Pub. L. 110–161, In support of its petition, Siemens Appropriations Act of 2017 (Pub. L. 23 CFR 635.410 attached two documents: (1) AAF Coach 115–31), FHWA published two notices Issued on: October 2, 2017. SFT Water Pipe Insulation Discussion V5 (A 13-page presentation showing seeking comments whether a waiver is Brandye L. Hendrickson, appropriate on its Web site, https:// pipe insulation material, its usage on Acting Administrator, Federal Highway AAF coaches, for drain and fresh water www.fhwa.dot.gov/construction/ Administration. contracts/cmaq170321.cfm and https:// pipes, as well as locations of the usage); [FR Doc. 2017–21567 Filed 10–5–17; 8:45 am] www.fhwa.dot.gov/construction/ and (2) a 53-page document titled, ‘‘Fire contracts/cmaq170725.cfm. The FHWA BILLING CODE 4910–22–P Safety Analysis; Use of K-Flex Eco received no comments in response to Insulation in All Aboard Florida Coaches.’’ (SII–ENA–215 Rev. B). This the publication. Based on FHWA’s DEPARTMENT OF TRANSPORTATION conclusion that there are no domestic document provided the analysis manufacturers that can produce the Federal Railroad Administration supporting Siemens’ safety equivalency vehicles identified in this notice in such claim. a way that all their steel and iron [Docket Number FRA–2017–0085] A copy of the petition, as well as any written communications concerning the materials are manufactured Petition for Waiver of Compliance domestically, FHWA finds that a waiver petition, is available for review online at of FHWA’s Buy America requirements In accordance with part 211 of Title www.regulations.gov and in person at is appropriate under the non-availability 49 Code of Federal Regulations (CFR), the U.S. Department of Transportation’s criteria (23 U.S.C. 313(b)(2) and 23 CFR this document provides the public (DOT) Docket Operations Facility, 1200 635.410(c)(2)(ii)). However, FHWA notice that by a document dated August New Jersey Avenue SE., W12–140, believes that it is consistent with the 22, 2017, Siemens Mobility Division Washington, DC 20590. The Docket Buy America requirements to impose Rolling Stock (Siemens) has petitioned Operations Facility is open from 9 a.m. the condition that the vehicles and the the Federal Railroad Administration to 5 p.m., Monday through Friday, vehicle components be assembled in the (FRA) for a waiver of compliance from except Federal Holidays. United States. Requiring final assembly the requirements of 49 CFR 238.103 Interested parties are invited to to be performed in the United States is (Fire safety). FRA assigned the petition participate in these proceedings by consistent with past guidance to FHWA docket number FRA–2017–0085. submitting written views, data, or Division Offices on manufactured Section 238.103 of Title 49 of the CFR comments. FRA does not anticipate products (see Memorandum on Buy requires materials used in the scheduling a public hearing in America Policy Response, Dec. 22, 1997, construction of passenger cars to meet connection with these proceedings since http://www.fhwa.dot.gov/ the test methods and performance the facts do not appear to warrant a programadmin/contracts/122297.cfm). criteria for the flammability and smoke hearing. If any interested parties desire A waiver of the Buy America emission characteristics of Appendix B an opportunity for oral comment and a requirement without any regard to to part 238. Appendix B requires all public hearing, they should notify FRA, where the vehicle is assembled would thermal and acoustic insulation material in writing, before the end of the

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comment period and specify the basis regulations in 49 CFR part 214. FRA only move tie plates with non-powered for their request. assigned the petition docket number hand tools from the ballast to its positon All communications concerning these FRA–2017–0084. on top of the crossties. This minor work proceedings should identify the NS requests a waiver of compliance could be completed with the employees’ appropriate docket number and may be from § 214.336(c) as it pertains to center of gravity positioned within the submitted by any of the following procedures for adjacent controlled track newly defined outside rails. methods: movements at 25 miles per hour (mph) A copy of the petition, as well as any • Web site: http:// or less. NS indicates this request is other written communications www.regulations.gov. Follow the online specific to a unique working group, the concerning the petition, is available for instructions for submitting comments. R–3 Dual Rail Gang (R–3 Gang). This review online at www.regulations.gov • Fax: 202–493–2251. group is a system-level production gang and in person at the Department of • Mail: Docket Operations Facility, comprised of 78 employees and 40 Transportation’s Docket Operations U.S. Department of Transportation, 1200 roadway maintenance machines with Facility, 1200 New Jersey Ave. SE., New Jersey Avenue SE., W12–140, the capability to remove both rails while W12–140, Washington, DC 20590. The Washington, DC 20590. simultaneously installing both new Docket Operations Facility is open from • Hand Delivery: 1200 New Jersey rails. NS states no other railroad has a 9 a.m. to 5 p.m., Monday through Avenue SE., Room W12–140, work group that operates in this manner Friday, except Federal Holidays. Washington, DC 20590, between 9 a.m. to replace both rails; the relief requested Interested parties are invited to and 5 p.m., Monday through Friday, in the waiver would apply only to this participate in these proceedings by except Federal Holidays. specific work group. submitting written views, data, or Communications received by NS is seeking a waiver from using the comments. FRA does not anticipate November 6, 2017 will be considered by gauge position of the rail as the point for scheduling a public hearing in FRA before final action is taken. the plane that is not to be broken on the connection with these proceedings since Comments received after that date will occupied track. Instead, NS seeks to use the facts do not appear to warrant a be considered as far as practicable. the removed rails of the occupied track hearing. If any interested parties desire Anyone is able to search the as an envelope for on-ground work an opportunity for oral comment and a electronic form of any written performed exclusively between these public hearing, they should notify FRA, communications and comments rails for the employees working in the in writing, before the end of the received into any of our dockets by the R–3 Gang. NS asserts the work can be comment period and specify the basis name of the individual submitting the performed safely within the context of for their request. comment (or signing the document, if the R–3 Gang’s work. As described by All communications concerning these submitted on behalf of an association, NS in its petition, during dual rail proceedings should identify the replacement, both rails are business, labor union, etc.). In appropriate docket number and may be simultaneously removed from the track accordance with 5 U.S.C. 553(c), DOT submitted by any of the following structure and positioned on the ballast solicits comments from the public to methods: against the outside of the crossties on • better inform its processes. DOT posts Web site: http:// the occupied track. In this position, the these comments, without edit, including www.regulations.gov. Follow the online removed rail is nearly 16.75 inches any personal information the instructions for submitting comments. closer to the adjacent controlled track • Fax: 202–493–2251. commenter provides, to than its normal gage position on the • Mail: Docket Operations Facility, www.regulations.gov, as described in crosstie. Once the rails are removed U.S. Department of Transportation, 1200 the system of records notice (DOT/ALL– from their normal position on the New Jersey Avenue SE., W12–140, 14 FDMS), which can be reviewed at crosstie, an adzing machine is used to Washington, DC 20590. https://www.transportation.gov/privacy. remove any tie cutting from the crosstie. • Hand Delivery: 1200 New Jersey See also https://www.regulations.gov/ At this point in the process, there is not Avenue SE., Room W12–140, privacyNotice for the privacy notice of a clearly defined outside limit with Washington, DC 20590, between 9 a.m. regulations.gov. respect to ‘‘the on-ground work and 5 p.m., Monday through Friday, Robert C. Lauby, performed exclusively between the except Federal Holidays. Associate Administrator for Railroad Safety, rails.’’ NS states that the removed rail Communications received by Chief Safety Officer. lying on the ballast against the end of November 20, 2017 will be considered [FR Doc. 2017–21514 Filed 10–5–17; 8:45 am] the crosstie provides a clear line of by FRA before final action is taken. Comments received after that date will BILLING CODE 4910–06–P demarcation that is easily identifiable to its employees. be considered if practicable. NS is also seeking a waiver from the Anyone can search the electronic DEPARTMENT OF TRANSPORTATION requirement that on-ground work be form of any written communications performed exclusively between the rails and comments received into any of our Federal Railroad Administration (i.e., not breaking the plane of the rails) dockets by the name of the individual of the occupied track. Based on this submitting the comment (or signing the [Docket Number FRA–2017–0084] request, NS seeks a waiver from document, if submitted on behalf of an Petition for Waiver of Compliance compliance to allow up to four on- association, business, labor union, etc.). ground R–3 Gang employees (when Under 5 U.S.C. 553(c), DOT solicits Under part 211 of title 49 of the Code working with one adjacent controlled comments from the public to better of Federal Regulations (CFR), this track) and up to eight on-ground R–3 inform its processes. DOT posts these provides the public notice that on Gang employees (when working with comments, without edit, including any August 21, 2017, the Norfolk Southern two adjacent controlled tracks) to break personal information the commenter Corporation (NS) petitioned the Federal the plane of the outside rail to perform provides, to www.regulations.gov, as Railroad Administration (FRA) for a minor work. NS indicates the employees described in the system of records waiver of compliance from certain would be limited in their duties for notice (DOT/ALL–14 FDMS), which can provisions of the Federal railroad safety breaking the plane of the outside rail to be reviewed at https://

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www.transportation.gov/privacy. See submitting written views, data, or DEPARTMENT OF TRANSPORTATION also https://www.regulations.gov/ comments. FRA does not anticipate privacyNotice for the privacy notice of scheduling a public hearing in Federal Railroad Administration regulations.gov. connection with these proceedings since [Docket Number FRA–2001–10948] Robert C. Lauby, the facts do not appear to warrant a Petition for Waiver of Compliance Associate Administrator for Railroad Safety, hearing. If any interested parties desire Chief Safety Officer. an opportunity for oral comment and a Under part 211 of Title 49 of the Code [FR Doc. 2017–21513 Filed 10–5–17; 8:45 am] public hearing, they should notify FRA, of Federal Regulations (CFR), this BILLING CODE 4910–06–P in writing, before the end of the document provides the public notice comment period and specify the basis that on September 11, 2017, Central for their request. Montana Rail, Inc. (CMR) petitioned the DEPARTMENT OF TRANSPORTATION All communications concerning these Federal Railroad Administration (FRA) for a waiver of compliance from certain Federal Railroad Administration proceedings should identify the appropriate docket number and may be provisions of the hours of service laws [Docket Number FRA–2017–0083] submitted by any of the following contained at Title 49 United States Code methods: Section 21103(a) under authority of Petition for Approval of Informational section 21102(b). FRA assigned the • Filing Web site: http:// petition docket number FRA–2001– www.regulations.gov. Follow the online Under part 211 of title 49, Code of 10948. instructions for submitting comments. CMR requested an extension of its Federal Regulations (CFR), this • existing waiver of relief from the document amends prior public notice Fax: 202–493–2251. provisions of 49 U.S.C. 21103(a), which that on August 30, 2017, the Yadkin • Mail: Docket Operations Facility, prohibits a train employee from Valley Railroad (YVRR) petitioned the U.S. Department of Transportation, 1200 remaining or going on duty for a period Federal Railroad Administration (FRA) New Jersey Avenue SE., W12–140, in excess of 12 consecutive hours. 49 for approval of an Informational Filing Washington, DC 20590. U.S.C. 21102(b) allows railroads with 15 (IF) pursuant to 49 CFR 236.913(j). • The YVRR submitted an IF requesting Hand Delivery: 1200 New Jersey or fewer employees to be exempted from FRA approval to conduct field testing of Avenue SE., Room W12–140, the restriction outlined at 49 U.S.C. a Train Detection System supplied by Washington, DC 20590, between 9 a.m. 21103(a)(2), but the exemption may not Next Generation Rail Technologies S.L. and 5 p.m., Monday through Friday, authorize a carrier to require or allow its (NGRT) at Bethania Road highway-rail except Federal Holidays. employees to be on duty more than a total of 16 hours in a 24-hour period. In crossing in Rural Hall, North Carolina. Communications received by support of its request, CMR explained After installation of the system, the November 20, 2017 will be considered that the allowance for train crews to proposed period of data collection will by FRA before final action is taken. be approximately four months. YVRR accumulate up to 16 hours of time on Comments received after that date will duty has not impacted safety negatively, asserts that its IF addresses all be considered if practicable. requirements of 49 CFR 236.913(j)(1), and is only used occasionally, to and that the Train Detection System will Anyone can search the electronic address unusual circumstances such as be operating in shadow mode only to form of any written communications weather, traffic peaks, and employee collect data, and will not interfere, and comments received into any of our illness. CMR states that its operation impact, or communicate with the dockets by the name of the individual continues on approximately the same current signaling system. submitting the comment (or signing the scale as when the initial waiver was FRA assigned the petition Docket document, if submitted on behalf of an granted, with seven regular full-time Number FRA–2017–0083, and association, business, labor union, etc.). employees. A copy of the petition, as published notice of the petition in the Under 5 U.S.C. 553(c), DOT solicits well as any written communications Federal Register on September 18, 2017. comments from the public to better concerning the petition, is available for 82 FR 43655. inform its processes. DOT posts these review online at www.regulations.gov This document provides additional comments, without edit, including any and in person at the Department of information and corrections to the personal information the commenter Transportation’s Docket Operations Facility, 1200 New Jersey Ave. SE., notice published September 18, 2017, provides, to www.regulations.gov, as regarding this docket. The September 18 W12–140, Washington, DC 20590. The described in the system of records notice included an inaccurate Docket Operations Facility is open from notice (DOT/ALL–14 FDMS), which can description of the filing, and omitted 9 a.m. to 5 p.m., Monday through language providing an opportunity and be reviewed at https:// Friday, except Federal Holidays. instructions for public comment. www.transportation.gov/privacy. See Interested parties are invited to A copy of the petition, as well as any also https://www.regulations.gov/ participate in these proceedings by written communications concerning the privacyNotice for the privacy notice of submitting written views, data, or petition, is available for review online at regulations.gov. comments. FRA does not anticipate www.regulations.gov and in person at Issued in Washington, DC. scheduling a public hearing in the U.S. Department of Transportation’s connection with these proceedings since (DOT) Docket Operations Facility, 1200 Robert C. Lauby, the facts do not appear to warrant a New Jersey Avenue SE., W12–140, Associate Administrator for Railroad Safety, hearing. If any interested parties desire Washington, DC 20590. The Docket Chief Safety Officer. an opportunity for oral comment, they Operations Facility is open from 9 a.m. [FR Doc. 2017–21512 Filed 10–5–17; 8:45 am] should notify FRA, in writing, before to 5 p.m., Monday through Friday, BILLING CODE 4910–06–P the end of the comment period and except Federal Holidays. specify the basis for their request. Interested parties are invited to All communications concerning these participate in these proceedings by proceedings should identify the

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appropriate docket number and may be SEPTA seeks to extend its existing Comments received after that date will submitted by any of the following waiver from 49 CFR 213.233(c), relating be considered if practicable. methods: to the frequency of the required visual Anyone can search the electronic • Web site: http:// track inspections for FRA Class 3 and 4 form of any written communications www.regulations.gov. Follow the online track carrying passenger traffic. FRA and comments received into any of our instructions for submitting comments. issued the initial waiver on July 24, dockets by the name of the individual • Fax: 202–493–2251. 2000, and FRA extended the waiver on submitting the comment (or signing the • Mail: Docket Operations Facility, August 4, 2003, February 28, 2008, and document, if submitted on behalf of an U.S. Department of Transportation, 1200 April 25, 2013 for three 5-year periods. association, business, labor union, etc.). New Jersey Avenue SE., W12–140, SEPTA requests an extension of its Under 5 U.S.C. 553(c), DOT solicits Washington, DC 20590. existing waiver to conduct fewer visual comments from the public to better • Hand Delivery: 1200 New Jersey track inspections than required by inform its processes. DOT posts these Avenue SE., Room W12–140, § 213.233(c), specifically for tracks comments, without edit, including any Washington, DC 20590, between 9 a.m. constructed with continuous welded personal information the commenter and 5 p.m., Monday through Friday, rail that carry passenger traffic. SEPTA provides, to www.regulations.gov, as except Federal Holidays. proposes to continue conducting one described in the system of records Communications received by visual track inspection per week, notice (DOT/ALL–14 FDMS), which can November 20, 2017 will be considered instead of the two inspections per week be reviewed at https:// by FRA before final action is taken. that are required, and to supplement its www.transportation.gov/privacy. See Comments received after that date will visual inspections with the operation of also https://www.regulations.gov/ be considered if practicable. an automated track geometry measuring privacyNotice for the privacy notice of Anyone can search the electronic vehicle over the affected main tracks regulations.gov. form of any written communications and sidings four times per year. SEPTA Robert C. Lauby, and comments received into any of our has owned and operated such a dockets by the name of the individual measuring vehicle since 1992. Associate Administrator for Railroad Safety, Chief Safety Officer. submitting the comment (or signing the A copy of the petition, as well as any document, if submitted on behalf of an written communications concerning the [FR Doc. 2017–21510 Filed 10–5–17; 8:45 am] association, business, labor union, etc.). petition, is available for review online at BILLING CODE 4910–06–P Under 5 U.S.C. 553(c), DOT solicits www.regulations.gov and in person at comments from the public to better the Department of Transportation’s DEPARTMENT OF TRANSPORTATION inform its processes. DOT posts these Docket Operations Facility, 1200 New Jersey Ave. SE., W12–140, Washington, comments, without edit, including any Federal Railroad Administration personal information the commenter DC 20590. The Docket Operations provides, to www.regulations.gov, as Facility is open from 9 a.m. to 5 p.m., [Docket Number FRA–2010–0049] described in the system of records Monday through Friday, except Federal notice (DOT/ALL–14 FDMS), which can Holidays. Interested parties are invited to North County Transit District’s be reviewed at https:// Request for Positive Train Control www.transportation.gov/privacy. See participate in these proceedings by submitting written views, data, or Safety Plan Approval and System also https://www.regulations.gov/ Certification privacyNotice for the privacy notice of comments. FRA does not anticipate regulations.gov. scheduling a public hearing in AGENCY: Federal Railroad connection with these proceedings since Administration (FRA), U.S. Department Robert C. Lauby, the facts do not appear to warrant a of Transportation (DOT). Associate Administrator for Railroad Safety, hearing. If any interested parties desire ACTION: Notice of availability and Chief Safety Officer. an opportunity for oral comment, they request for comments. [FR Doc. 2017–21511 Filed 10–5–17; 8:45 am] should notify FRA, in writing, before BILLING CODE 4910–06–P the end of the comment period and SUMMARY: This document provides the specify the basis for their request. public notice that North County Transit All communications concerning these District (NCTD) submitted to FRA its DEPARTMENT OF TRANSPORTATION proceedings should identify the Positive Train Control Safety Plan appropriate docket number and may be (PTCSP) Volume I–Main Body (Version Federal Railroad Administration submitted by any of the following 2.0) and Volume II–Appendices [Docket Number FRA–1999–5102] methods: (Version 1.0), both dated September 1, • Web site: http:// 2017. NCTD asks FRA to approve its Petition for Waiver of Compliance www.regulations.gov. Follow the online PTCSP and issue a Positive Train instructions for submitting comments. Control (PTC) System Certification for Under part 211 of Title 49 of the Code • Fax: 202–493–2251. of Federal Regulations (CFR), this • NCTD’s Interoperable Electronic Train Mail: Docket Operations Facility, Management System (I-ETMS). provides the public notice that on U.S. Department of Transportation, 1200 August 25, 2017, the Southeastern New Jersey Avenue SE., W12–140, DATES: FRA will consider Pennsylvania Transportation Authority Washington, DC 20590. communications received by November (SEPTA) petitioned the Federal Railroad • Hand Delivery: 1200 New Jersey 6, 2017 before taking final action on the Administration (FRA) for an extension Avenue SE., Room W12–140, PTCSP. FRA may consider comments of a waiver of compliance from certain Washington, DC 20590, between 9 a.m. received after that date if practicable. provisions of the Federal railroad safety and 5 p.m., Monday through Friday, ADDRESSES: All communications regulations contained at 49 CFR part except Federal Holidays. concerning this proceeding should 213, Track Safety Standards. The docket Communications received by identify Docket Number 2010–0049 and number associated with this petition is November 20, 2017 will be considered may be submitted by any of the FRA–1999–5102. by FRA before final action is taken. following methods:

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• Web site: http:// dockets by the name of the individual are currently approved collections of www.regulations.gov. Follow the online submitting the comment (or signing the information, into a single new FFIEC instructions for submitting comments. document, if submitted on behalf of an report. As part of their proposed • Fax: 202–493–2251. association, business, labor union, etc.). adoption of the new FFIEC 016 report, • Mail: Docket Operations Facility, In accordance with 49 CFR 211.3, FRA the agencies also are proposing to U.S. Department of Transportation, 1200 solicits comments from the public to implement a limited number of New Jersey Avenue SE., W12–140, better inform its decisions. DOT posts revisions that would align the report Washington, DC 20590. these comments, without edit, including with recent burden-reducing changes to • Hand Delivery: 1200 New Jersey any personal information the the FFIEC 031 and FFIEC 041 Avenue SE., W12–140, Washington, DC commenter provides, to Consolidated Reports of Condition and 20590, between 9 a.m. and 5 p.m., www.regulations.gov, as described in Income and the Board’s FR Y–9C Monday through Friday, except Federal the system of records notice (DOT/ALL– Consolidated Financial Statements for Holidays. 14 FDMS), which can be reviewed at Holding Companies. In addition, the FOR FURTHER INFORMATION CONTACT: Dr. https://www.transportation.gov/privacy. agencies are proposing to have Mark Hartong, Senior Scientific See https://www.regulations.gov/ institutions provide their Legal Entity Technical Advisor, at (202) 493–1332 or privacyNotice for the privacy notice of Identifier (LEI) on the report form, if [email protected]; or Mr. David regulations.gov. they already have one. The proposed FFIEC 016 reporting requirements Blackmore, Staff Director, Positive Train Robert C. Lauby, Control Division, at (312) 835–3903 or reflect the company-run stress testing Associate Administrator for Railroad Safety, requirements promulgated by the Dodd- [email protected]. Chief Safety Officer. Frank Wall Street Reform and Consumer SUPPLEMENTARY INFORMATION: In its [FR Doc. 2017–21618 Filed 10–5–17; 8:45 am] Protection Act (as reflected in the PTCSP, NCTD asserts that the I-ETMS BILLING CODE 4910–06–P agencies’ current information system it is implementing is designed as collections). a vital overlay PTC system as defined in The Board, in connection with this 49 CFR 236.1015(e)(2). The PTCSP DEPARTMENT OF THE TREASURY proposal and conditioned on the final describes NCTD’s I-ETMS adoption of the FFIEC 016, is proposing implementation and the associated I- Office of the Comptroller of the to replace the FR Y–16 (Annual ETMS safety processes, safety analyses, Currency Company-Run Stress Test Report For and test, validation, and verification State Member Banks, Bank Holding processes used during the development FEDERAL RESERVE SYSTEM Companies, and Savings and Loan of I–ETMS. The PTCSP also contains Holding Companies with Total NCTD’s operational and support FEDERAL DEPOSIT INSURANCE Consolidated Assets Greater Than $10 requirements and procedures. CORPORATION Billion and Less Than $50 Billion), NCTD’s PTCSP and the accompanying Proposed Agency Information which it currently uses to collect the request for approval and system annual company-run stress test results. certification are available for review Collection Activities: Comment Request Also in connection with the final online at www.regulations.gov (Docket adoption of the FFIEC 016, the OCC and Number FRA–2010–0049) and in person AGENCY: Office of the Comptroller of the the FDIC are proposing to replace the at DOT’s Docket Operations Facility, Currency (OCC), Treasury; Board of OCC’s DFAST 10–50B (Annual 1200 New Jersey Avenue SE., W12–140, Governors of the Federal Reserve Company-Run Stress Test Reporting Washington, DC 20590. The Docket System (Board); and Federal Deposit Template and Documentation for Operations Facility is open from 9 a.m. Insurance Corporation (FDIC). Covered Institutions with Total to 5 p.m., Monday through Friday, ACTION: Joint notice and request for Consolidated Assets of $10 Billion to except Federal Holidays. comment. $50 Billion under the Dodd-Frank Wall Interested parties are invited to Street Reform and Consumer Protection comment on the PTCSP by submitting SUMMARY: In accordance with the Act), and the FDIC’s DFAST 10–50 written comments or data. During its requirements of the Paperwork (Company-Run Annual Stress Test review of the PTCSP, FRA will consider Reduction Act (PRA) of 1995, the OCC, Reporting Template and Documentation any comments or data submitted. the Board, and the FDIC (the agencies) for Covered Institutions with Total However, FRA may elect not to respond may not conduct or sponsor, and the Consolidated Assets of $10 Billion to to any particular comment and, under respondent is not required to respond $50 Billion under the Dodd-Frank Wall 49 CFR 236.1009(d)(3), FRA maintains to, an information collection unless it Street Reform and Consumer Protection the authority to approve or disapprove displays a currently valid Office of Act), respectively, with the FFIEC 016. the PTCSP at its sole discretion. FRA Management and Budget (OMB) control The respondents for the proposed does not anticipate scheduling a public number. The agencies, under the FFIEC 016 are institutions with average hearing regarding NCTD’s PTCSP auspices of the Federal Financial total consolidated assets of at least $10 because the circumstances do not Institutions Examination Council billion, but less than $50 billion. The appear to warrant a hearing. If any (FFIEC), have approved the publication proposed FFIEC 016 would take effect interested party desires an opportunity for public comment of the proposed for the December 31, 2017, as-of date of for oral comment, the party should Annual Dodd-Frank Act Company-Run the stress test report. The submission notify FRA in writing before the end of Stress Test Report for Depository deadline for the report would be the the comment period and specify the Institutions and Holding Companies following July 31. basis for his or her request. with $10–$50 Billion in Total At the end of the comment period for Consolidated Assets (FFIEC 016). This this notice, the comments and Privacy Act Notice proposed report would combine the recommendations received will be Anyone can search the electronic agencies’ three separate, yet identical, reviewed to determine whether the form of any written communications stress test report forms (as described in FFIEC and the agencies should modify and comments received into any of our the SUPPLEMENTARY INFORMATION), which the proposal for the FFIEC 016 report

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form before giving final approval. As • Mail: Ann E. Misback, Secretary, FFIEC’s Web site (http://www.ffiec.gov/ required by the PRA, the agencies will Board of Governors of the Federal ffiec_report_forms.htm). then publish a second Federal Register Reserve System, 20th Street and OCC: Kevin Korzeniewski, Counsel, notice for a 30-day comment period and Constitution Avenue NW., Washington, (202) 649–5490 or, for persons who are submit the FFIEC 016 information DC 20551. deaf or hard of hearing, TTY, (202) 649– collection to OMB for review and All public comments are available 5597, Legislative and Regulatory approval. from the Board’s Web site at http:// Activities Division, Office of the DATES: Comments must be submitted on www.federalreserve.gov/apps/foia/ Comptroller of the Currency, 400 7th or before December 5, 2017. proposedregs.aspx as submitted, unless Street SW., Washington, DC 20219. modified for technical reasons. Board: Nuha Elmaghrabi, Federal ADDRESSES: Interested parties are Accordingly, your comments will not be Reserve Board Clearance Officer, (202) invited to submit written comments to edited to remove any identifying or 452–3884, Office of the Chief Data any or all of the agencies. All comments, contact information. Public comments Officer, Board of Governors of the which should refer to the OMB control may also be viewed electronically or in Federal Reserve System, 20th and C number(s), will be shared among the paper form in Room 3515, 1801 K Street Streets NW., Washington, DC 20551. agencies. (between 18th and 19th Streets) NW., Telecommunications Device for the Deaf OCC: Because paper mail in the Washington, DC 20006, between 9:00 (TDD) users may call (202) 263–4869. Washington, DC, area and at the OCC is a.m. and 5:00 p.m. on weekdays. FDIC: Manuel E. Cabeza, Counsel, subject to delay, commenters are FDIC: You may submit comments, (202) 898–3767, Legal Division, Federal encouraged to submit comments by which should refer to ‘‘FFIEC 016,’’ by Deposit Insurance Corporation, 550 17th email, if possible, to prainfo@ any of the following methods: Street NW., Room MB–3007, occ.treas.gov. Alternately, comments • Agency Web site: http:// Washington, DC 20429. may be sent to: Legislative and www.fdic.gov/regulations/laws/federal/. Regulatory Activities Division, Office of SUPPLEMENTARY INFORMATION: The Follow the instructions for submitting the Comptroller of the Currency, agencies propose to implement the comments on the FDIC Web site. Attention: ‘‘1557–0311 (FFIEC 016),’’ FFIEC 016 report form to replace the • Federal eRulemaking Portal: http:// 400 7th Street SW., Suite 3E–218, following report forms, which are www.regulations.gov. Follow the Washington, DC 20219. In addition, approved collections of information: instructions for submitting comments. comments may be sent by fax to (571) Board’s FR Y–16, Annual Company-Run • Email: [email protected]. 465–4326. Stress Test Report For State Member You may personally inspect and Include ‘‘FFIEC 016’’ in the subject line Banks, Bank Holding Companies, and of the message. Savings and Loan Holding Companies photocopy comments at the OCC, 400 • 7th Street SW., Washington, DC 20219. Mail: Manuel E. Cabeza, Counsel, with Total Consolidated Assets Greater For security reasons, the OCC requires Attn: Comments, Room MB–3007, Than $10 Billion and Less Than $50 that visitors make an appointment to Federal Deposit Insurance Corporation, Billion (OMB Control No. 7100–0356); inspect comments. You may do so by 550 17th Street NW., Washington, DC FDIC’s DFAST 10–50, Company-Run 20429. Annual Stress Test Reporting Template calling (202) 649–6700 or, for persons • who are deaf or hard of hearing, TTY, Hand Delivery: Comments may be and Documentation for Covered (202) 649–5597. Upon arrival, visitors hand delivered to the guard station at Institutions with Total Consolidated will be required to present valid the rear of the 550 17th Street Building Assets of $10 Billion to $50 Billion government-issued photo identification (located on F Street) on business days under the Dodd-Frank Wall Street and submit to security screening in between 7:00 a.m. and 5:00 p.m. Reform and Consumer Protection Act order to inspect and photocopy Public Inspection: All comments (OMB Control No. 3064–0187); and comments. received will be posted without change OCC’s DFAST 10–50B, Annual All comments received, including to http://www.fdic.gov/regulations/laws/ Company-Run Stress Test Reporting attachments and other supporting federal/ including any personal Template and Documentation for materials, are part of the public record information provided. Comments may Covered Institutions with Total and subject to public disclosure. Do not be inspected at the FDIC Public Consolidated Assets of $10 Billion to include any information in your Information Center, Room E–1002, 3501 $50 Billion under the Dodd-Frank Wall comment or supporting materials that Fairfax Drive, Arlington, VA 22226, Street Reform and Consumer Protection you consider confidential or between 9:00 a.m. and 5:00 p.m. on Act (OMB Control No. 1557–0311). inappropriate for public disclosure. business days. These existing report forms collect Board: You may submit comments, Additionally, commenters may send a identical information; however, the which should refer to ‘‘FFIEC 016,’’ by copy of their comments to the OMB respondent institutions for each form any of the following methods: desk officer for the agencies by mail to vary based on each agency’s supervisory • Agency Web site: http:// the Office of Information and Regulatory jurisdiction. www.federalreserve.gov. Follow the Affairs, U.S. Office of Management and Report Title: Annual Dodd-Frank Act instructions for submitting comments at: Budget, New Executive Office Building, Company-Run Stress Test Report for http://www.federalreserve.gov/apps/ Room 10235, 725 17th Street NW., Depository Institutions and Holding Washington, DC 20503; by fax to (202) Companies with $10–$50 Billion in foia/proposedregs.aspx. _ • Federal eRulemaking Portal: http:// 395–6974; or by email to oira Total Consolidated Assets. www.regulations.gov. Follow the [email protected]. Form Number: FFIEC 016. instructions for submitting comments. FOR FURTHER INFORMATION CONTACT: For Frequency of Response: Annually. • Email: regs.comments@ further information about the proposed Affected Public: Business or other for- federalreserve.gov. Include reporting FFIEC report discussed in this notice, profit. form number in the subject line of the please contact any of the agency staff OCC message. whose names appear below. In addition, • FAX: (202) 452–3819 or (202) 452– a copy of the proposed FFIEC 016 OMB Control No.: 1557–0311. 3102. reporting form is available on the Estimated Number of Respondents:

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Initial Stress Test: 1 National bank or institutions with average total submission deadline for the report is the federal savings association. consolidated assets of at least $10 following July 31. Ongoing Annual Stress Test: 36 billion, but less than $50 billion. The Currently, the agencies maintain National banks and federal savings FFIEC 016 implements the reporting of separate, yet identical, report forms (FR associations. the annual company-run stress testing Y–16, FDIC DFAST 10–50, and OCC Estimated Time per Response: required of such institutions under DFAST 10–50B) for the banks, savings Initial Stress Test: 2,000 Burden hours section 165(i)(2) of the Dodd-Frank Wall associations, and holding companies per response. Street Reform and Consumer Protection they supervise to report these company- Ongoing Annual Stress Test: 469 Act, Public Law 111–203 (Dodd-Frank run stress test results. These annual Burden hours per response. Act), and each agency’s implementing reports collect quantitative projections Estimated Total Annual Burden: regulation.1 All data reported in the of balance sheet assets and liabilities, Initial Stress Test: 2,000 Burden hours proposed FFIEC 016 would be given income, losses, and capital across a to file. confidential treatment under 5 U.S.C. range of macroeconomic and financial Ongoing Annual Stress Test: 16,884 552(b)(8). scenarios as well as qualitative Burden hours to file. supporting information on the Total: 18,884 Burden hours to file. Abstract methodologies and processes used to Board The FFIEC 016 report would be develop those internal projections. The submitted by institutions supervised by agencies are proposing to combine these OMB Control No.: 7100–0356. the agencies with average total separate data collections and designate Estimated Number of Respondents: consolidated assets of at least $10 the combined report as a uniform FFIEC Initial Stress Test: 9 State member billion, but less than $50 billion, to data collection. As part of their banks, bank holding companies, and report their company-run stress test proposed adoption of the new FFIEC savings and loan holding companies. results. These reports collect 016 report, the agencies also are Ongoing Annual Stress Test: 70 State quantitative projections of balance sheet proposing to change the quantitative member banks, bank holding assets and liabilities, income, losses, and qualitative information currently companies, and savings and loan and capital across three scenarios collected in their separate, yet identical, holding companies. (baseline, adverse, and severely adverse) Estimated Time per Response: report forms to implement a limited and qualitative information on Initial Stress Test: 2,000 Burden hours number of revisions that would align methodologies used to develop these per response. the new report with recent burden- Ongoing Annual Stress Test: 469 internal projections. reducing changes to the FFIEC 031, Data received in the agencies’ $10– 3 Burden hours per response. FFIEC 041, and the Board’s FR Y–9C. $50 billion annual Dodd-Frank Act Estimated Total Annual Burden: These revisions are not expected to Initial Stress Test: 18,000 Burden company-run stress test reports are used change the estimated reporting burden hours to file. in connection with supervision and for the proposed new FFIEC 016 Ongoing Annual Stress Test: 32,830 regulation of these institutions to form compared to the estimated reporting Burden hours to file. supervisory assessments of the quality burden for the agencies’ existing stress Total: 50,830 Burden hours to file. of a company’s stress-testing process test report forms. and, overall, as part of the broader The following revisions to the FFIEC FDIC assessment of a company’s capital 031, FFIEC 041, and FR Y–9C (as OMB Control No.: 3064–0187. adequacy and risk management process. applicable) that took effect March 31, Estimated Number of Respondents: Data collected in these reports provide 2017, would affect the proposed FFIEC Initial Stress Test: 2 Insured state the agencies with one of many tools 016: nonmember banks and savings available to examiners to assist in the (1) On the FFIEC 031 and FFIEC 041 associations. analysis and assessment of a company’s Schedule RI, Memorandum item 14.a, Ongoing Annual Stress Test: 22 capital position and planning process. and on the FR Y–9C Schedule HI, Memorandum item 17(a), ‘‘Total other- Insured state nonmember banks and Current Actions state savings associations. than-temporary impairment losses,’’ was Estimated Time per Response: I. Discussion of Proposed FFIEC Report removed, but institutions continue to Initial Stress Test: 2,000 Burden hours Form report other-than-temporary impairment per response. Each agency has issued rules losses recognized in earnings on the Ongoing Annual Stress Test: 469 applicable to the banking organizations FFIEC 031 and FFIEC 041 Schedule RI, Burden hours per response. it supervises with total consolidated Memorandum item 14, and the FR Y–9C Estimated Total Annual Burden: assets of at least $10 billion, but less Schedule HI, Memorandum item 17. Initial Stress Test: 4,000 Burden hours than $50 billion, that implement the The agencies propose for the new FFIEC to file. company-run stress testing requirement 016 report form and instructions to Ongoing Annual Stress Test: 10,318 promulgated by section 165(i)(2) of the replace line item 25, ‘‘Total other-than- Burden hours to file. Dodd-Frank Act.2 Under the agencies’ temporary impairment losses,’’ on each Total: 14,318 Burden hours to file. respective rules, institutions that meet Income Statement scenario schedule Type of Review: this asset threshold are required to with ‘‘Other-than-temporary impairment OCC and FDIC: Revision and conduct, and report the results of, an losses on held-to-maturity and extension of currently approved annual stress test using scenarios available-for-sale debt securities collections. provided by the agencies. Board: Proposal for a new collection The annual as-of date of the stress test 3 FFIEC 031 and FFIEC 041 Consolidated Reports of information and discontinuation of a report is December 31, and the of Condition and Income (OMB Control Nos.: OCC, currently approved collection. 1557–0081; Board, 7100–0036; and FDIC, 3064– 0052): See 81 FR 45357 (July 13, 2016) and 82 FR General Description of Reports 1 12 CFR part 46 (OCC); 12 CFR part 252, subpart 2444 (January 9, 2017); FR Y–9C Consolidated B (Board); 12 CFR part 325, subpart C (FDIC). Financial Statements for Holding Companies (OMB The proposed FFIEC 016 information 2 12 CFR part 46 (OCC); 12 CFR part 252, subpart Control No.: Board, 7100–0128): See 81 FR 62129 collection will be mandatory for B (Board); 12 CFR part 325, subpart C (FDIC). (September 8, 2016).

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recognized in earnings’’ as defined in directed the Financial Stability Board with $10 to $50 billion in assets FFIEC 031 and FFIEC 041 Schedule RI, (FSB) to lead the coordination of currently reporting annual Dodd-Frank Memorandum item 14, and FR Y–9C international regulatory work and Act stress-testing information. The Schedule HI, Memorandum item 17. deliver concrete recommendations on change also would ensure that future (2) On the FFIEC 031 and FFIEC 041 the GLEIS by mid-2012, which in turn collections of this information remain Schedule RC–E, Part I, Memorandum were endorsed by the G–20 later that uniform across the agencies. items 1.c.(1), ‘‘Brokered deposits of less same year. In January 2013, the LEI The proposed FFIEC 016 report form than $100,000,’’ and 1.c.(2), ‘‘Brokered Regulatory Oversight Committee (ROC), would take effect as of December 31, deposits of $100,000 through $250,000 including participation by regulators 2017. The first annual filing deadline for and certain brokered retirement deposit from around the world, was established the FFIEC 016 report form would be July accounts,’’ were combined into a single to oversee the GLEIS on an interim 31, 2018. item, Memorandum item 1.c, ‘‘Brokered basis. With the establishment of the full II. Request for Comment deposits of $250,000 or less (fully Global LEI Foundation in 2014, the ROC insured brokered deposits).’’ The continues to review and develop broad Public comment is requested on all agencies propose for the new FFIEC 016 policy standards for LEIs. The OCC, the aspects of this joint notice. Comments report form and instructions to align its Board, and the FDIC are all members of are invited on: Balance Sheet line items 32 and 33 for the ROC. (a) Whether the collections of retail and wholesale funding The LEI system is designed to information that are the subject of this calculations, respectively, with the facilitate several financial stability notice are necessary for the proper updated FFIEC 031 and FFIEC 041 objectives, including the provision of performance of the agencies’ functions, Schedule RC–E, Part I, Memorandum higher quality and more accurate including whether the information has item 1.c, ‘‘Brokered deposits of $250,000 financial data. In the United States, the practical utility; or less (fully insured brokered Financial Stability Oversight Council (b) The accuracy of the agencies’ deposits).’’ (FSOC) has recommended that estimates of the burden of the (3) On Schedule RC–M of the FFIEC regulators and market participants information collections as they are 031 and FFIEC 041, items for the continue to work together to improve proposed to be revised, including the amount of loans covered by FDIC loss- the quality and comprehensiveness of validity of the methodology and sharing agreements in the following financial data both nationally and assumptions used; (c) Ways to enhance the quality, loan categories were removed and globally. In this regard, the FSOC also utility, and clarity of the information to combined with existing Schedule RC– has recommended that its member M, item 13.a.(5), ‘‘All other loans and all be collected; agencies promote the use of the LEI in (d) Ways to minimize the burden of leases’’ covered by such agreements: reporting requirements and Item 13.a.(2), ‘‘Loans to finance information collections on respondents, rulemakings, where appropriate.4 agricultural production and other loans including through the use of automated With respect to the FFIEC 016, the to farmers’’; item 13.a.(3), ‘‘Commercial collection techniques or other forms of agencies are proposing to have reporting and industrial loans’’; item 13.a.(4)(a), information technology; and institutions provide their LEI on the ‘‘Credit cards’’; item 13.a.(4)(b), (e) Estimates of capital or start-up cover page of this new report once it is ‘‘Automobile loans’’; and item costs and costs of operation, implemented, if a reporting institution 13.a.(4)(c), ‘‘Other (includes revolving maintenance, and purchase of services has an LEI. A reporting institution that credit plans other than credit cards, and to provide the information. does not have an LEI would not be other consumer loans).’’ In order to keep Comments submitted in response to required to obtain one for purposes of the data collection uniform and the joint notice will be shared among comparable across types of reporting reporting it on the FFIEC 016. the agencies. All comments will become institutions, the agencies propose for the The uniform FFIEC 016 report would a matter of public record. be collected through the application new FFIEC 016 report form and Dated: October 2, 2017. currently used to collect the agencies’ instructions to discontinue the Karen Solomon, deduction of loans covered by FDIC separate stress test reporting forms, the Federal Reserve’s Reporting Central Deputy Chief Counsel, Office of the loss-sharing agreements from each of the Comptroller of the Currency. loan categories collected in Balance application. The agencies believe that developing a uniform report under the Board of Governors of the Federal Reserve Sheet line items 1 through 13. In System, September 29, 2017. addition, in the proposed new FFIEC FFIEC reporting structure will promote uniform standards and reporting across Ann E. Misback, 016 report form, existing Balance Sheet Secretary of the Board. line item 14, ‘‘Loans covered by FDIC the agencies, which is consistent with 5 Dated at Washington, DC, this 27th day of loss-sharing agreements,’’ will be the function of the FFIEC. The proposed FFIEC 016 information September 2017. retained. Federal Deposit Insurance Corporation. In addition, the agencies are collection would satisfy each agency’s proposing to have reporting institutions company-run stress-testing Robert E. Feldman, provide their LEI on the FFIEC 016 requirements, while ensuring Executive Secretary. report form, if they have one. The LEI consistency and comparability of the [FR Doc. 2017–21571 Filed 10–5–17; 8:45 am] is a 20-digit alpha-numeric code that stress-testing information across BILLING CODE 4810–33–P; 6210–01–P; 6714–01–P uniquely identifies entities that engage institutions. The change from three in financial transactions. The recent separate agency-specific reports to an financial crisis spurred the development interagency FFIEC report is expected to DEPARTMENT OF THE TREASURY be a seamless change for institutions of a Global LEI System (GLEIS). Departmental Offices; Interest Rate Internationally, regulators and market 4 Paid on Cash Deposited To Secure participants have recognized the Financial Stability Oversight Council 2015 Annual Report, page 14, http://www.treasury.gov/ U.S. Immigration and Customs importance of the LEI as a key initiatives/fsoc/studies-reports/Documents/ Enforcement Immigration Bonds improvement in financial data systems. 2015%20FSOC%20Annual%20Report.pdf. The Group of Twenty (G–20) nations 5 See 12 U.S.C. 3305(c). AGENCY: Departmental Offices, Treasury.

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ACTION: Notice. FOR FURTHER INFORMATION CONTACT: will be at the rate as determined by the Adam Charlton, Manager, Federal Secretary of the Treasury, but in no case SUMMARY: For the period beginning Borrowings Branch, Office of Public will exceed 3 per centum per annum or October 1, 2017, and ending on Debt Accounting, Bureau of the Fiscal be less than zero.’’ 8 CFR 293.2. December 31, 2017, the U.S. Service, Parkersburg, West Virginia Treasury has determined that interest on Immigration and Customs Enforcement 26106–1328, (304) 480–5248; Sam Doak, the bonds will vary quarterly and will Immigration Bond interest rate is 1.06 Reporting Team Leader, Federal accrue during each calendar quarter at per centum per annum. Borrowings Branch, Division of a rate equal to the lesser of the average Accounting Operations, Office of Public of the bond equivalent rates on 91-day ADDRESSES: Comments or inquiries may Debt Accounting, Bureau of the Fiscal Treasury bills auctioned during the be mailed to Sam Doak, Reporting Team Service, Parkersburg, West Virginia preceding calendar quarter, or 3 per Leader, Federal Borrowings Branch, 26106–1328, (304) 480–5117. centum per annum, but in no case less Division of Accounting Operations, than zero. [FR Doc. 2015–18545] In Office of Public Debt Accounting, SUPPLEMENTARY INFORMATION: Federal addition to this Notice, Treasury posts Bureau of the Fiscal Service, law requires that interest payments on the current quarterly rate in Table 2b— Parkersburg, West Virginia 26106–1328. cash deposited to secure immigration Interest Rates for Specific Legislation on You can download this notice at the bonds shall be ‘‘at a rate determined by the TreasuryDirect Web site. following Internet addresses: http:// the Secretary of the Treasury, except www.treasury.gov or http:// that in no case shall the interest rate Gary Grippo, www.federalregister.gov. exceed 3 per centum per annum.’’ 8 Deputy Assistant Secretary for Public U.S.C. 1363(a). Related Federal Finance. DATES: Applicable October 1, 2017 to regulations state that ‘‘Interest on cash [FR Doc. 2017–21524 Filed 10–5–17; 8:45 am] December 31, 2017. deposited to secure immigration bonds BILLING CODE 4810–25–P

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Reader Aids Federal Register Vol. 82, No. 193 Friday, October 6, 2017

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Proposed Rules: Presidential Documents 2 CFR Ch. I ...... 45750 Executive orders and proclamations 741–6000 Proposed Rules: Ch. II ...... 45750 The United States Government Manual 741–6000 1201...... 46716 Ch. III ...... 45750 Other Services 39 ...... 45743, 46719, 46722, 3 CFR 46725, 46727, 46729 Electronic and on-line services (voice) 741–6020 Proclamations: 71 ...... 45747, 45749, 46426 Privacy Act Compilation 741–6050 9646...... 46353 97...... 46738 Public Laws Update Service (numbers, dates, etc.) 741–6043 9647...... 46355 9648...... 46357 15 CFR ELECTRONIC RESEARCH 9649...... 46359 730...... 45959 9650...... 46361 732...... 45959 World Wide Web 9651...... 46653 734...... 45959 Executive Orders: 736...... 45959 Full text of the daily Federal Register, CFR and other publications 13522 (Revoked by 738...... 45959 is located at: www.fdsys.gov. EO 13812)...... 46367 740...... 45959 Federal Register information and research tools, including Public 13708 (Superseded by 742...... 45959 Inspection List, indexes, and Code of Federal Regulations are EO 13811)...... 46363 743...... 45959 located at: www.ofr.gov. 13805 (Revoked by 744...... 45959 EO 13811)...... 46363 746...... 45959 E-mail 13811...... 46363 748...... 45959 FEDREGTOC (Daily Federal Register Table of Contents Electronic 13812...... 46367 750...... 45959 Mailing List) is an open e-mail service that provides subscribers Administrative Orders: 754...... 45959 with a digital form of the Federal Register Table of Contents. The Memorandums: 756...... 45959 digital form of the Federal Register Table of Contents includes Memorandum of 758...... 45959 HTML and PDF links to the full text of each document. September 25, 760...... 45959 2017 ...... 46649 762...... 45959 To join or leave, go to https://public.govdelivery.com/accounts/ 764...... 45959 USGPOOFR/subscriber/new, enter your email address, then 7 CFR 766...... 45959 follow the instructions to join, leave, or manage your 15a...... 46655 768...... 45959 subscription. 319...... 45955 770...... 45959 PENS (Public Law Electronic Notification Service) is an e-mail Proposed Rules: 772...... 45959 service that notifies subscribers of recently enacted laws. 33...... 46425 774...... 45959 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 35...... 46425 Proposed Rules: and select Join or leave the list (or change settings); then follow 30...... 46739 the instructions. 10 CFR 16 CFR FEDREGTOC and PENS are mailing lists only. We cannot 20...... 46666 Proposed Rules: respond to specific inquiries. Proposed Rules: 50...... 46717 Ch. II ...... 46740 Reference questions. Send questions and comments about the Federal Register system to: [email protected] 12 CFR 17 CFR The Federal Register staff cannot interpret specific documents or 271...... 45679 227...... 45722 regulations. Ch. II ...... 46668 230...... 45722 1002...... 45680 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 21 CFR longer appears in the Federal Register. This information can be 1101...... 45697 found online at http://bookstore.gpo.gov/. Proposed Rules: 876...... 45725 740...... 46173 Proposed Rules: 101...... 45753 FEDERAL REGISTER PAGES AND DATE, OCTOBER 13 CFR 23 CFR 45679–45954...... 2 102...... 46369 45955–46122...... 3 Proposed Rules: 14 CFR Ch. I ...... 45750 46123–46368...... 4 Ch. II ...... 45750 46369–46654...... 5 36...... 46123 39 ...... 45697, 45701, 45703, Ch. III ...... 45750 46655–46892...... 6 45705, 45710, 46379, 46382, 490...... 46427 46669 71 ...... 45713 45714, 45715, 26 CFR 45716, 45717, 45719, 45720, 1 ...... 46388, 46671, 46672 45957, 45958 73...... 45721 30 CFR 91...... 46123 56...... 46411 97...... 46385, 46386 57...... 46411

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583...... 45962 721...... 45990 43 CFR 49 CFR Proposed Rules: 33 CFR Proposed Rules: Proposed Rules: 52 ...... 45762, 46010, 46433, 3160...... 46458 Ch. I ...... 45750 100 ...... 45977, 45979, 46413, 46434, 46444, 46450, 46453, 3170...... 46458 Ch. II ...... 45750 46672 46741, 46742 Ch. III ...... 45750 117 ...... 45728, 45729, 45980, 70...... 46453 45 CFR Ch. V...... 45750 45981 80...... 46174 Ch. VI...... 45750 Proposed Rules: 165 ...... 45729, 45981, 45984, 271...... 46454 Ch. VII...... 45750 160...... 46182 45986, 45988, 46132 Ch. VIII...... 45750 42 CFR 162...... 46182 Proposed Rules: Ch. X...... 45750 110...... 46004 405...... 46138 Ch. XI...... 45750 165...... 46007 409...... 46163 46 CFR 1102...... 45771 411...... 46163 Proposed Rules: 38 CFR 412...... 46138 Ch. II ...... 45750 Proposed Rules: 413...... 46138, 46163 50 CFR 17...... 45756 414...... 46138 47 CFR 17...... 46691 416...... 46138 622...... 46170 1...... 46688 39 CFR 424...... 46163 635...... 46000 2...... 46688 486...... 46138 648...... 46002 Proposed Rules: 15...... 46688 111...... 46010 488...... 46138, 46163 679...... 46171, 46422 90...... 46688, 46690 489...... 46138 95...... 46688 Proposed Rules: 40 CFR 495...... 46138 97...... 46688 17 ...... 45779, 46183, 46197, 9...... 45990 Proposed Rules: 46618, 46748 Proposed Rules: 52 ...... 45995, 45997, 46134, 416...... 46181 20...... 46011 1...... 46011 46136, 46415, 46417, 46420, 418...... 46181 36...... 45793 20...... 46011 46672, 46674, 46679, 46681, 424...... 46181 300...... 46016 46682 482...... 46181 622...... 46205 70...... 46420 483...... 46181 48 CFR 648...... 46749 180...... 45730, 46685 485...... 46181 Proposed Rules: 660...... 46209 261...... 45736 511...... 46182 Ch. 12 ...... 45750 679...... 46016

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in today’s List of Public enacted public laws. To Laws. subscribe, go to http:// LIST OF PUBLIC LAWS Public Laws Electronic listserv.gsa.gov/archives/ Last List October 3, 2017 Notification Service publaws-l.html (PENS) Note: No public bills which Note: This service is strictly have become law were for E-mail notification of new received by the Office of the PENS is a free electronic mail laws. The text of laws is not Federal Register for inclusion notification service of newly available through this service. PENS cannot respond to specific inquiries sent to this address.

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